FCC Web Documents citing 1.2109

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4514A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4514A1.pdf
  • � 186. 700 MHz Second Report and Order at � 508 . Id. We remind parties that failure to comply with a decision by the Commission or the Bureaus on the disputed issues, as well as certain other failures, will be deemed a default and the D Block winning bidder will be subject to all payments and obligations under Section 1.2109 of the Commission's rules. 700 MHz Second Report and Order at � 511; 47 C.F.R. � 1.2109. 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6�
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.txt
  • 5. Amend � 73.3571 by revising paragraph (h)(4)(ii) to read as follows: � 73.3571 Processing AM broadcast station applications * * * * * (h)(4) * * * * * * * * (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to �1.2109(a). Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of ��73.5006 and 73.3584. Construction permits will be granted by the Commission only after full and timely payment
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • immediate denial of the long-form application filed by the winning bidder for the D Block license. Remedies shall not, however, include ordering private third-party arbitration. In the event that the long-form application filed by the winning bidder for the D Block license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in � 1.2104(g), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.txt
  • we should consider an exception to the impermissible material relationship rule? Default Payment Background. The Commission's competitive bidding rules provide that if a winning bidder defaults for any reason, the bidder is liable for a default payment. In the Second Report and Order, the Commission provided that the D Block winning bidder would be deemed to have defaulted under Section 1.2109(c) of the Commission's rules and would be liable for the default payments set forth in Section 1.2104(g) if it failed to comply with the procedures established for negotiation or dispute resolution in the NSA, including a failure to comply with a Commission or Bureau decision in binding adjudication, as well as under other circumstances, e.g., if it failed to pay
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.pdf
  • We also provided that if the D Block winning bidder failed to comply with the procedures we established for negotiation or dispute resolution, failed to receive final Commission approval of an NSA, or failed to execute an approved NSA, it would be deemed to have defaulted on its license and would be subject to the default payments required by Section 1.2109 of our rules. We also established a number of measures to safeguard the interests of public safety on an ongoing basis after the NSA is executed. These measures included: (1) requirements related to the organization and structure of the 700 MHz Public/Private Partnership, intended to protect the D Block license and network assets from being drawn into a bankruptcy proceeding;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1004A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1004A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1004A1.txt
  • grant the applications for these 901 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by May 19, 2000). See 47 C.F.R. �� 22.215(a), 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by June 5, 2000), provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1035A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1035A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1035A1.txt
  • payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1055A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1055A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1055A1.txt
  • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1075A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1075A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1075A1.txt
  • Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). Auction No. 31 Procedures Public Notice, 15 FCC Rcd at 2947. See 47 C.F.R. � 1.2104(i). See 47 C.F.R. � 1.2109(b), (c). Although our presumption is in favor of holding a new auction when a bidder defaults, we also have the option, in our discretion, to offer the license(s) to the other highest bidders (in descending order) at their final bids. See 47 C.F.R. � 1.2014(g)(2). Following this four-step approach may result in retaining both parts of an ``or'' bid. Such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1084A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1084A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1084A1.txt
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 1, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 15, 2000), provided that it also pays a late fee equal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1100A1.txt
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-112A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-112A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-112A1.txt
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1136A1.txt
  • announces that it is prepared to grant Metro-Trak L.L.C's (Metro-Trak) application for Market BEA107C upon the full and timely payment of the remaining balance of Metro-Trak's winning bid in Auction No. 21. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by June 12,2000). See 47 C.F.R. �� 1.2109(a), 90.1015(a). If Metro-Trak fails to pay the balance of its winning bid in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline (i.e., by June 26,2000), provided that it also pays a late fee equal to five percent of the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1226A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1226A1.txt
  • of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) it will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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 or construction permits held by the applicant.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-122A1.txt
  • Request for Rule Waiver for 218-219 MHz Service License in Tallahassee, Florida (MSA #168A) ) ) ) ) ) ) ) File No. 840247 ORDER Adopted: January 21, 2000 Released: January 25, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On December 31, 1996, Bernard Pasquet (Pasquet) requested a waiver of Section 1.2109(c) of the Commission's Rules regarding a 218-219 MHz Service license in Tallahassee, Florida, for which he was the high bidder. For the reasons that follow, we deny Pasquet's waiver request. II. BACKGROUND 2. In the Competitive Bidding Second Report and Order, the Commission determined that 218-219 MHz Service licenses should be awarded through competitive bidding. On July 28 and 29,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1244A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1244A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1244A1.txt
  • grant the applications for these 331 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by June 21, 2000). See 47 C.F.R. �� 22.215(a), 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 6, 2000), provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1244A1_Erratum.doc
  • grant the applications for these 331 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by June 21, 2000). See 47 C.F.R. �� 22.215(a), 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 6, 2000), provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1308A1.txt
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 29, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 14, 2000), provided that it also pays a late fee equal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1388A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1388A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1388A1.txt
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1490A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1490A1.txt
  • 5 "Wireless Telecommunications Bureau Announces It Is Prepared to Grant 161 C, E, & F Block Broadband PCS Licenses," Public Notice, DA 99-1156 (rel. June 11, 1999). 11581 Federal Communications Commission DA 00-1490 deadline and, instead, made full payment on the licenses, along with a five percent late fee of $ 104,550, on July 9, 1999, as permitted by Section 1.2109(a) of our rules.6 3. EU subsequently filed a request for refund of the $104,550 late fee ("Refund Request").7 In its request, EU argued that the Commission was responsible for EU's failure to meet the final payment deadline. After the close of Auction No. 22, the Commission deducted the down payments due for the Visalia-Porterville-Hanford and Bakersfield licenses, leaving an excess
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1522A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1522A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1522A1.txt
  • applicant's winning bid by September 25, 1998). Communications Pacific also withdrew a high bid for the 800 MHz SMR license in EA 173B and was assessed an initial withdrawal deposit in the amount of $14,586.00. See Auction No. 16 Closing PN, Attachment B (the Auction No. 16 License Number and Block Designator was YCE173B, see n.11, infra). 47 C.F.R. � 1.2109. 47 C.F.R. � 1.2109(c); National Telecom PCS, Inc., Memorandum Opinion and Order, 12 FCC Rcd. 10163, 10171-72 (� 15) (1997); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd. 374, 434 (1997). 47 C.F.R. � 1.2104(g). The gross
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1545A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1545A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1545A1.txt
  • 2000, six long-form applications for authority to operate in the 39 GHz band were accepted for filing. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report Number: 570 (Jun. 28, 2000). 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b); see also 47 C.F.R. � 1.4. 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov Z g � +D�� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1593A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1593A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1593A1.txt
  • � 73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permit to the winning bidder, if the application is uncontested. Within ten business days after the date of that public notice, the uncontested winning bidder will be required to make full payment of the balance of its winning bid. See 47 C.F.R. ��1.2109 and 73.5003(c). A broadcast construction permit will be granted by the Commission following the receipt of full payment. 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 be accepted. All payments must be accompanied by a completed FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1595A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1595A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1595A1.txt
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by August 1, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by August 15, 2000), provided that it also pays a late fee equal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1639A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1639A1.txt
  • 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 that qualified
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  • Public Notice also stated that if Metro-Trak failed to pay its remaining balance by June 12, 2000, it would be allowed to make payment within ten days after the payment deadline (i.e. June 26, 2000), provided that it also pays a late fee equal to five percent of the amount due. Moreover, the Public Notice stated that, pursuant to section 1.2109(a), if Metro-Trak failed to pay the balance of its winning bids by the late payment deadline of June 26, 2000, it would be considered in default on its licenses and subject to the applicable default payments. Metro-Trak did not submit full and timely payment of the remaining balance and, thereby, defaulted on its obligation under the Commission's rules. III. Discussion
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  • any winning bidder listed in the public notice who failed to pay its remaining balance by June 22, 1999, would be allowed to make payment within ten days after the payment deadline (i.e. July 6, 1999), provided that it also pays a late fee equal to five percent of the amount due. Moreover, the Bureau stated that, pursuant to section 1.2109(a), 47 C.F.R. � 1.2109(a), any winning bidder listed in the Public Notice who failed to pay the balance of its winning bids by the late payment deadline of July 6, 1999, would be considered in default on its licenses and subject to the applicable default payments. 4. The Bureau subsequently issued an Erratum on June 16, 1999, which rescinded its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-173A1.txt
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1800A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1800A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1800A1.txt
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
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  • is ten business days after the date of this public notice. Final disposition of the fourteen remaining applications will be noted in future public notices and/or orders. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a), applicants who fail to meet the initial ten business day deadline are given an additional ten business days in which to pay, provided they also pay a late fee equal to five percent of the amount due. Applicants listed in the Attachment who do not submit the required payment by the late payment deadline of September 14, 2000, will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1948A1.txt
  • 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). a $ B � � � � � R� � �0� �`� �� �0� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z}
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  • payments. 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. ��1.2109 and 1.2107(b). 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2038A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2038A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2038A1.txt
  • nearest hundred; results above $10,000 are rounded to the nearest thousand. Multiple increment bids are not rounded according to the previously stated rounding rule; they are received, displayed, and stored by the Automated Auction System as non-rounded dollar amounts resulting from the following formula: Amount Bid = High Bid + (Bid Multiplier * Bid Increment). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov ! 0 � � � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� �������� ��[���PNG �!�R>^��S�S߿�"K�k������er4
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  • 0000132638 BEA046 Hickory-Morganton, NC-TN J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN K We note that on July 31, 2000, CT Communications, Inc. filed a request to waive the Commission requirement that long-form applications be signed when electronically filed. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 � b � +D�� +D`� �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q
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  • Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. � 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. ��1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with Section 1.2109(a). See 47 C.F.R. �1.2109(a). Method of Payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal checks, credit card payments, or other forms of payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2171A1.txt
  • Other Procedural Issues, Auction No. 25, DA 99-1346, Public Notice, 14 FCC Rcd 10632 (1999); Supplemental Closed Broadcast Auction - Notice and Filing Requirements for Auction of Certain AM, FM, LPTV and TV Broadcast Construction Permits - Minimum Opening Bids and Other Procedural Issues, Auction No. 28, DA 99-2958, Public Notice (rel. December 23, 1999). See 47 C.F.R. � 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov � � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � ��������
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  • timely payment of the remaining balance of the applicant's winning bids by October 17, 2000, which is ten business days after the date of this public notice. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a), applicants who fail to meet the initial ten business day deadline are given an additional ten business days in which to pay, provided they also pay a late fee equal to five percent of the amount due. Applicants listed in the Attachment who do not submit the required payment by the late payment deadline of October 31, 2000, will be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2259A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2259A1.txt
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • (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 � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
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  • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2343A1.txt
  • failed to submit its remaining down payment of five percent of its winning bid by March 21, 2000, it would be allowed to make payment within ten days after the payment deadline (i.e. April 4, 2000), provided that it also pays a late fee equal to five percent of the amount due. The Public Notice stated that, pursuant to section 1.2109(a), 47 C.F.R. � 1.2109(a), if Toto failed to pay the balance of its winning bids by the late payment deadline of April 4, 2000, it would be considered in default on its licenses and subject to the applicable default payments. Toto did not submit full and timely payment and, thereby, defaulted on its obligation under the Commission's rules. III. Discussion
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  • failed to submit its remaining down payment of five percent of its winning bid by March 21, 2000, it would be allowed to make payment within ten days after the payment deadline (i.e. April 4, 2000), provided that it also pays a late fee equal to five percent of the amount due. The Public Notice stated that, pursuant to section 1.2109(a), 47 C.F.R. � 1.2109(a), if Saipan failed to pay the balance of its winning bids by the late payment deadline of April 4, 2000, it would be considered in default on its licenses and subject to the applicable default payments. Saipan did not submit full and timely payment and, thereby, defaulted on its obligation under the Commission's rules. III. Discussion
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by November 2, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by November 17, 2000), provided that it also pays a late fee equal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2463A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2463A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2463A1.txt
  • Notice. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2571A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2571A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2571A1.txt
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • grant the applications for these 1014 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by December 4, 2000). See 47 C.F.R. �� 90.907(b), 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 18, 2000), provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2614A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2614A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2614A1.txt
  • 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 (`Auctions') Are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2674A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request For Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 ON RECONSIDERATION Adopted: November 28, 2000 Released: November 30, 2000 By the Deputy Chief, Wireless Telecommunications Bureau: INTRODUCTION We have before us a Petition
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  • 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`� �����PNG >
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  • to grant the applications for the 70 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by December 20, 2000). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by January 5, 2000), provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A1.txt
  • 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) and 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 will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2780A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2780A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2780A1.txt
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by December 27, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by January 11, 2001), provided that it also pays a late fee equal to
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by December 27, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by January 11, 2001), provided that it also pays a late fee equal to
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  • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • 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 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). 8 U � 7 8 V W � ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @& @& ���0 l l ~� �nQ- �nQ-
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  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(g). We adopted a similar rule for the General Wireless Communications Service. See Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Second Report and Order, 11 FCC Rcd 624, 652-53, �� 71-73 (1995). 47 C.F.R. � 1.2104(e).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-466A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-466A1.txt
  • Notice (i.e., by March 21,2000). If the applicants fail to pay the remaining down payment by the March 21,2000 deadline, the applicants will be allowed to make payment within ten (10) business days (i.e. April 4,2000) after the payment deadline provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). In addition to the payment, the applicants must also inform the Commission if they wish to participate in the Commission's installment payment plan. If the applicants elect to participate in the installment payment plan and timely notifies the Commission, a Note, Security Agreement, and financing statements (i.e., the UCC-1 Forms) and other related documentation commemorating the installment payment obligations, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-467A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-467A1.txt
  • 1.2104(g).� 10 Id.; see also C.H. PCS, Inc., BTA No. B347 Frequency Block C, Order, 11 FCC Red. 22430 (1996). 11 Id. 8563 Federal CoramunicationsCommission DA 00-467 payment will be assessed once a new bid price for the defaulted license is established in a subsequent auction. If additional payment is required, a further order will assess such payment.12 6. Section 1.2109(b) states that a bidder's application will be dismissed if it defaults on its down payment. In the instant case, Longstreet failed to remit the late payment fee assessed in order to fully satisfy its down payment obligation for Market B012C. Because Longstreet defaulted on its down payment obligations for Market B012C, we hereby dismiss Longstreet's long-form (Form 600) application for
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  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov ^ _ ' ^ _ ' _ � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � ��
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  • payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 24, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 7, 2000), provided that it also pays a late fee equal to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � , � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 Adopted: March 10, 2000 Released: March 17, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-559A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-559A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-559A1.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov 6 6 � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� �
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
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  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). # $ ... � � � � � � � � � � � � f f f f f f f f f f f f f f f f f f f f f f f f f f f f
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  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Q R � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z}
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  • (see 47 C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits of the winning bidders whose applications are uncontested. Within ten business days after the date of that public notice, uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. ��1.2109 and 73.5003(c). Broadcast construction permits will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by April 20, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by May 4, 2000), provided that it also pays a late fee equal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-781A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-781A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-781A1.txt
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-836A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-836A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-836A1.txt
  • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Order on Reconsideration, WT Docket No. 98-169, FCC 99-372 (released Nov. 30, 1999) (``218-219 MHz Order on Reconsideration''). See generally Id. 218-219 MHz Order at � 53. Id. Id. Id. Id. at � 44. 218-219 MHz Order at � 53. 47 C.F.R. � 1.2109 (``new money'' payments are subject to the same late payment rules as balance payments for new licenses). See Supra note 6. Implementation Procedures for the Report and Order and Memorandum Opinion and Order Addressing the 218-219 MHz Services (Formerly Known as Interactive Video and Data Services (IVDS)), DA 00-900, (rel. April 20, 2000) (``Implementation Procedures Public Notice''). Note: unless an
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  • of the Commission. The Commission does not send out, or publish a notice when a license cancels automatically. 47 C.F.R. � 1.5. 218-219 MHz Order at � 44. Resumption of payments begins at the end of the third month after the Election Date. 47 C.F.R. �� 1.2110(f)(4)(i-iii). 47 C.F.R. �� 1.2110(f)(4)(iv). 218-219 MHz Order at � 53. 47 C.F.R. � 1.2109(a). A ``new money'' payment is the balance payment due at the grant of the license under the new terms and is subject to the payment rules for the granting of new licenses. As such, Licensees may pay the ``new money'' payment up to ten (10) days late, subject to a 5% late fee. ``New money'' payments are not installment payments
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  • that it is prepared to grant the applications listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bids. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by May 18, 2000). See 47 C.F.R. �� 1.2109(a), 90.1015(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline (i.e., by June 2, 2000), provided that it also pays a late fee equal to five percent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1177A1.txt
  • 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 E. Hoffmann,
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  • period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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 or construction permits held by the applicant.
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O �
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  • fifteen (15) licenses to winning bidders in the 800 MHz Specialized Mobile Radio (SMR) Service Frequencies in the Lower 80 Channels Auction (Auction 36), provided that each applicant made full and timely payment of the remaining balance of its winning bid. The final payment deadline was April 2, 2001. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for fifteen (15) licenses. Accordingly, by this Public Notice, we announce the grant of the fifteen (15) 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of
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  • to grant applications for eleven (11) licenses to winning bidders in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction 35), provided that each applicant made full and timely payment of the remaining balance of its winning bid. The final payment deadline was May 4, 2001. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for ten (10) licenses. Additionally, NTCH, Inc. (``NTCH''), which was not listed among the applicants on the Prepared to Grant PN, paid the full remaining balance of its winning bids on May 7, 2001. Accordingly, by this Public Notice, we announce the grant of the seventeen (17) C and F Block Broadband PCS licenses listed in
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  • of delinquent debts, and a penalty charge in the amount permitted by law. The penalty charge for delinquent debt payments permitted by 31 U.S.C. � 3717 currently is 6 percent a year for the failure to pay any part of the debt more than 90 days past due. ORDERING CLAUSES It is ORDERED that pursuant to Section 24.704, 24.708, 1.2104, 1.2109 of the Commission's rules, CHPCS is assessed a final default payment in the amount of $202,954,905.00 for license B347, $5,167,530.00 for license B124, $3,378,709.55 for license B144, $7,410,075.00 for license B222, $1,195,376.57 for license B322, $4,408,583.89 for license B362, $2,160,928.82 for license B420, and $5,239,711.18 for license B486 as computed in Attachment A. It is FURTHER ORDERED that CHPCS's initial
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  • Report and Order, supra, Liberty must submit a lump sum final payment within ten business days of the date of this Public Notice (i.e., by June 15, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 25, 2001), provided that it also pays a late fee equal to
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  • announced that it was prepared to grant applications for eight (8) licenses to winning bidders in the 700 MHz Guard Bands Auction (Auction 38), provided that each applicant made full and timely payment of the remaining balance of its winning bid. The final payment deadline was May 16, 2001. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for eight (8) licenses. Accordingly, by this Public Notice, we announce the grant of the eight (8) 700 MHz Guard Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's Rules, 47 C.F.R. �
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  • 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 Parte Purposes,''
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  • of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I(B) (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section II(D) ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). See 47 C.F.R. � 1.51(c). Comments should not be filed using the Commission's Electronic Comment Filing System. See 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b). See 47 C.F.R. � 1.1206(b). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet:
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  • 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 be
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 3, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 18, 2001), provided that it also pays a late fee equal to
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 12, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 26, 2001), provided that it also pays a late fee equal to
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  • of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I(B) (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section II(D) ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). See 47 C.F.R. � 1.51(c). Comments should not be filed using the Commission's Electronic Comment Filing System. See 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b). See 47 C.F.R. � 1.1206(b). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet:
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  • to grant the applications for the 26 licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by February 5, 2001). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 19, 2001), provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-155A1_Erratum.doc
  • to grant the applications for the 26 licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by February 5, 2001). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 19, 2001), provided that it also pays a late fee equal to five percent of the
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 18, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by August 1, 2001), provided that it also pays a late fee equal to
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  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • the balance of its winning bid in a lump sum by April 20, 2001, it would be allowed to make payment within ten business days after the payment deadline (i.e. May 4, 2001), provided that it also paid a late fee equal to five percent of the amount due. The Prepared to Grant Public Notice indicated that, pursuant to section 1.2109(a) of the Commission's rules, if an applicant failed to pay the balance of its winning bid by the late payment deadline of May 4, 2001, it would be considered in default on its licenses and subject to the applicable default payments. Citifone, an applicant claiming status as a ``very small business,'' was the winning bidder for one C Block license.
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  • is prepared to grant the sixty-two (62) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by August 10, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by August 24, 2001), provided that it also pays a late fee equal to five percent
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  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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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
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  • 6 p.m. ET. Closed all government holidays. All calls to the FCC Technical Support Hotline are This Public Notice addresses only VPC applications. Location and Monitoring Service applications filed with respect to Auction No. 39 will be addressed separately. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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: http://www.fcc.gov ftp.fcc.gov News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � F
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  • by further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by February 9, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by February 26, 2001), provided that it also pays a late fee equal to
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  • prepared to grant applications for sixty-two (62) licenses to winning bidders in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction 35), provided that each applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was August 10, 2001. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for fifty (50) licenses. Accordingly, by this Public Notice, we announce the grant of the fifty (50) C and F Block Broadband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's Rules, 47
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  • of the remaining balance of its winning bid(s).1 The July 27 Prepared to Grant Public Notice included twelve (12) licenses for which Summit Wireless LLC ("Summit Wireless") was the high bidder. The payment deadline for licenses on the July 27 Prepared to Grant Public Notice was August 10, 2001.2 The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for fifty (50) licenses by that date. Accordingly, by a Public Notice released August 22, 2001,3 the Commission announced the grant of those fifty (50) C and F Block Broadband PCS licenses. Summit Wireless failed to pay the balance of its winning bid(s) in a lump sum by August 10, 2001, and was required to pay
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  • 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 Communications Services
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by September 17, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by October 1, 2001), provided that it also pays a late fee equal to
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  • it is prepared to grant the 135 licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by September 18, 2001). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by October 2, 2001), provided that it also pays a late fee equal to five percent of the
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  • of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I(B) (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section II(D) ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). See 47 C.F.R. � 1.51(c). Comments should not be filed using the Commission's Electronic Comment Filing System. See 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b). See 47 C.F.R. � 1.1206(b). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet:
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  • timely payment of the remaining balance of the applicant's winning bid by September 20, 2001, which is ten business days after the date of this public notice. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a), if an applicant fails to meet the initial ten business day deadline, it will be given an additional ten business days in which to pay, provided that it also pays a late fee equal to five percent of the amount due. If an applicant does not submit the required payment by the late payment deadline of October 4, 2001, it
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  • ARC, Inc.'s application for the 6 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by February 12, 2001). See 47 C.F.R. �� 90.907(b), 1.2109(a). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 26, 2001), provided that it also pays a late fee equal to five percent of the
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  • 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 be
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c)
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  • is prepared to grant the forty-five (45) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by October 5, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by October 22, 2001), provided that it also pays a late fee equal to five percent
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  • to grant applications for four (4) licenses to winning bidders in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction No. 35), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The payment deadline was September 6, 2001. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for two (2) licenses by that date. The applicant for a third license failed to pay the balance of his winning bid in a lump sum by September 6, 2001, and was required to pay the remaining balance, plus a late fee equal to five percent of the amount due, by September 20, 2001. The Commission
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  • 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 Communications Services
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of AIRCOM COMMUNICATION CONSULTANTS, INC. Request for Waiver of 47 C.F.R. � 1.2109(b) ) ) ) ) ) ) FCC File No. 0000014657 Adopted: October 1, 2001 Released: October 3, 2001 By the Chief, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: introduction This Order addresses multiple requests for waiver filed by AirCom Communication Consultants, Inc. (AirCom), a winning bidder for seven licenses in the Local Multipoint Distribution
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  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • Bureau announced that it was prepared to grant applications for 135 licenses to winning bidders in the Location and Monitoring Service Auction (Auction 39), provided that each applicant made full and timely payment of the remaining balance of its winning bid. The final payment deadline was September 18, 2001. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for 135 licenses. Accordingly, by this Public Notice, we announce the grant of the 135 Location and Monitoring Service licenses listed in Attachment A. We grant these licenses pursuant to section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's Rules, 47 C.F.R. � 0.331, because
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  • 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 Services (PCS)
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  • prepared to grant forty-five (45) licenses to a winning bidder in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction No. 35), provided that the applicant made full and timely payment of the remaining balance of its winning bids.1 The payment deadline was October 5, 2001.2 The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for forty-five (45) licenses by that date. Accordingly, by this Public Notice, we announce the grant of the forty-five (45) C and F Block Broadband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the
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  • February 12,2001; Ten-Day Petition to Deny Period," Public Notice, 16 FCC Red 2339 (rel. Jan. 29, 2001); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Red 16266 (2000) ("C/F Block Sixth Report and Order"). 19 47C.F.R. �� 1.2109(b), 24.704, 1.2104(g)(2)(1996). 20 47 C.F.R. �24.704(1996). -- Id. 22 Note that licenses B172, B188, and B224 were reconfigured in Auction No. 35 into three 10 MHz licenses. C/F Block Sixth Report and Order, 15 FCC Red 16266 (2000). 23 The first component of the default payment is the difference between the original net winning bid and the subsequent net winning
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  • 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 > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O
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  • 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 be
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  • TIN on the long-form application submitted by Supra, coupled with a change of name, ownership, and control. Accordingly, Trompex effected a major amendment to its application, which is prohibited under section 1.2105(b)(2) and (c)(2) of the Commission's rules. As a result of the unauthorized major amendment to its short-form application, Trompex is disqualified to apply for the licenses. 5. Section 1.2109(c) of the Commission's rules provide that a "winning bidder who is found unqualified to be a licensee or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted," and will be liable for certain default payment obligations. As a result, Trompex now is subject to the default payment provisions specified
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  • 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 > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� �
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  • Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). Bidders must have sufficient eligibility to place a bid on the particular construction permits. See Section I.B., ``Upfront Payments and Initial Maximum Eligibility,'' supra. See Section II.D., ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). Pub. L. No. 106-113, 113 Stat. 1501 (1999), codified at 47 U.S.C. � 336(f). See Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, FCC 00-115 ( rel. April 4, 2000 ) (``Class A Report and Order'').
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  • is prepared to grant the seven (7) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by November 28, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 12, 2001), provided that it also pays a late fee equal to five percent
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  • is prepared to grant the five (5) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 6, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 20, 2001), provided that it also pays a late fee equal to five percent
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  • 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 Services (PCS)
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  • 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. 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by December 14, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by December 31, 2001), provided that it also pays a late fee equal to
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  • 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 be
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  • licenses, respectively, to winning bidders in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction No. 35), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s).1 The final payment deadlines were November 28, 2001 and December 6, 2001.2 The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for twelve (12) licenses. Accordingly, by this Public Notice, we announce the grant of the twelve (12) C and F Block Broadband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's Rules, 47
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  • period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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 or construction permits held by the applicant.
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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, 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c�
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, JoAnn Epps, at (202) 418-1342. The
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  • documents filed via electronic mail be converted to PDF format. Id., � 6. The Commission will automatically reply to all incoming e-mails to confirm receipt. Id. See FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2929 (OMD rel. Dec. 14, 2001). 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 � � � F �� ����PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0���
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  • Notice. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit : DA 01-437 February 16, 2001 John E. Mason Member Harbor Wireless, LLC 2420 Sand Hill Road Suite 101 Menlo Park, California 94025 Carl W. Northrop Daniel R. Ball Paul, Hastings, Janofsky & Walker, LLP 1299 Pennsylvania Avenue, NW 10 Floor Washington, DC 20004 Re: Harbor Wireless LLC Request for Waiver of Section 1.2109(b) of the Commission's Rules (Auction No. 33) Dear Messrs. Mason, Northrop, and Ball: This letter responds to the Request for Waiver and Supplement To Request for Waiver filed by Harbor Wireless, LLC (``Harbor''). Harbor seeks a waiver of Section 1.2109(b) of the Commission's rules, which permits the Commission to offer a license to the next highest bidders (in descending order)
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  • and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). Multiple increment bids are not rounded according to the previously stated rounding rule; they are received, displayed, and stored by the Automated Auction System as non-rounded dollar amounts resulting from the following formula: Amount Bid = High Bid + (Bid Multiplier * Bid Increment). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov D E D E D E � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � ��
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  • 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 be
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  • by further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT No. 97-82, FCC No. 00-274 (rel. August 14, 2000) (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2110(g)(4)(iv). 218-219 MHz Order � 53. 47 C.F.R. � 1.2109(a); see Implementation PN, 15 FCC Rcd. 7329 n. 19 47 C.F.R. � 1.2109(a). � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i
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  • (1998). Bidders must have sufficient eligibility to place a bid on the particular license. See Section I(B) (``Upfront Payments and Initial Maximum Eligibility''), supra. Bids higher than the minimum acceptable bid would be calculated using the current percentage, even if the resulting increment is less than the absolute dollar amount imposed on the initial increment. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). 47 C.F.R. � 1.51(c). 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b). 47 C.F.R. � 1.1206(b). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov " # , - M O � � � � � � #
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 26, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 9, 2001), provided that it also pays a late fee equal to
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  • 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). a $ B � � � � � R� � �0� �`� �� �0� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z}
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  • and timely payment of the remaining balance of TRW's winning bid by March 28, 2001, which is ten business days after the date of this public notice. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a), if TRW fails to meet the initial ten business day deadline, it will be given an additional ten business days in which to pay, provided that it also pays a late fee equal to five percent of the amount due. If TRW does not submit the required payment by the late payment deadline of April 11, 2001, it will be
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  • to grant the applications for the 15 licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by April 2, 2001). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by April 16, 2001), provided that it also pays a late fee equal to five percent of the
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  • by further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • grant the applications for the eleven (11) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by April 20, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by May 4, 2001), provided that it also pays a late fee equal to five percent
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by April 27, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by May 11, 2001), provided that it also pays a late fee equal to
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  • grant the applications for the eight (8) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by May 2, 2001). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by May 2, 2001, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by May 16, 2001), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • grant the applications for the eight (8) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by May 2, 2001). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by May 2, 2001, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by May 16, 2001), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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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). 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
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  • 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 Communications Services
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by June 14, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by June 14, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by June 28, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1221A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1221A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1221A1.txt
  • to deny Paris' waiver request, reject Paris' application, and find Paris not qualified to bid with respect to any license in Auction No. 45 based on that determination. If the Bureau ultimately denies Paris' waiver request, Paris would be 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). 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 �� ���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1257A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1257A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1257A1.txt
  • are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I(B) (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section II(E) ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. See 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1316A1.txt
  • 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. 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1346A1.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). 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� ^ ``
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1441A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1441A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1441A1.txt
  • ``Upfront Payments and Initial Maximum Eligibility,'' supra. Bids higher than the minimum acceptable bid would be calculated using the current percentage, even if the resulting increment is less than the absolute dollar amount imposed on the initial increment. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' supra. See Section I.C. ``Activity Rules,'' supra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b). Id.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1477A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1477A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1477A1.txt
  • announced that it was prepared to grant applications for licenses to certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The payment deadline was June 10, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1554A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1554A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1554A1.txt
  • selectively default on two licenses. Letter to John A. Prendergast, counsel for New Wave Networks, L.L.C., from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, 14 FCC Rcd 6323 (1999) (``New Wave Order''). ``LMDS Auction Closes,'' Public Notice, 14 FCC Rcd 8543 (1999) (``Auction No. 23 Closing PN''). 47 C.F.R. � 1.2104 (1998). 47 C.F.R. �� 1.2109(c) and 1.2104(g)(2) (1998). 47 C.F.R. � 1.2104(g)(2) (1998). Id. Id. Id. Thus, after deducting the interim default payments for B372 and B392 and the final payment for four licenses (B038, B144, B254, and B371) $31,182 remained on deposit with the Commission. New Wave Order, 14 FCC Rcd 6323 (1999). New Wave Order, 14 FCC Rcd 6323, Attachment (1999). ``LMDS Auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.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). 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�%
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A1.txt
  • 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 be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1598A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1598A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1598A1.txt
  • announced that it was prepared to grant applications for licenses to certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The payment deadline was June 10, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1659A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1659A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1659A1.txt
  • the Wireless Telecommunications Bureau announced that it was prepared to grant applications for licenses to winning bidders in the Multi-Radio Service Auction (Auction No. 43), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The payment deadline was April 19, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Multi-Radio Service licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331,
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  • grant the application for the fourteen (14) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by July 26, 2002). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by July 26, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by August 9, 2002), provided that it also pays a late fee equal to five percent of the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1683A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1683A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1683A1.txt
  • it was prepared to grant applications for fourteen (14) licenses to a winning bidder in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that the applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was July 26, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1734A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1734A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1734A1.txt
  • Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was June 14, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1773A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1773A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1773A2.txt
  • announced that it was prepared to grant applications for licenses to certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The payment deadline was June 10, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1774A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1774A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1774A1.txt
  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by August 7, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by August 7, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by August 21, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1814A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1814A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1814A1.txt
  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or Michael H. Kleeb at (202) 418-1306.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1856A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1856A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1856A1.txt
  • Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was August 7, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1871A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1871A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1871A1.txt
  • bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R. � 1.2109(d). Refund of Remaining Upfront Payment Balance All applicants that submitted upfront payments but were not winning bidders for the license in Auction No. 46 may be entitled to a refund of their remaining upfront payment balance after the conclusion of the auction. All refunds will be returned to the payer of record, as identified on the FCC Form 159, unless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-191A1.txt
  • the applications for the one hundred nine (109) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by February 7, 2002). See 47 C.F.R. �1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by February 7, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by February 22, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1923A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1923A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1923A1.txt
  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by August 20, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by August 20, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by September 4, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-192A1.txt
  • documents filed via electronic mail be converted to PDF format. Id., � 6. The Commission will automatically reply to all incoming e-mails to confirm receipt. Id. See FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2929 (OMD rel. Dec. 14, 2001). 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 ... � � F �� ����PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0���
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1933A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1933A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1933A1.txt
  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� � I I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1996A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1996A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1996A1.txt
  • Auction No. 18 Winning Bidders Public Notice, 14 FCC Rcd at 608, Attachment C (identifies bidders that withdrew bids in Auction No. 18 and states the interim three percent bid withdrawal payment). See 47 C.F.R. � 1.2106(e) (1998); Auction No. 18 Winning Bidders Public Notice, 14 FCC Rcd at 608. 47 C.F.R. � 1.2104(g)(1) (1998). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b) (1998). 47 C.F.R � 1.2104(g)(2). Id. Id. Id. Auction No. 18 Wining Bidders Public Notice, 14 FCC Rcd at Attachment B, 657 and Attachment C, 660. See Attachment A to this letter (calculates the final bid withdrawal payment). 47 C.F.R. � 1.2104(g)(1). Auction No. 24 Winning Bidders Public Notice, 14 FCC Rcd 11218 at Attachment D, 11240. Attachment B calculates
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  • of the Census. Results below $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I(B) (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section II(D) ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. See 47 C.F.R. �� 1.1200(a), 1.1206. See 47 C.F.R. � 1.1206(b).
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by September 4, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by September 4, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by September 18, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • upon Delta's timely payment of the balance of its winning bid. In the Payment Public Notice, the Bureau set March 21, 2002 as the date on which final payment was due, further setting April 4, 2002 as the deadline by which final payment could be made along with a 5% late penalty (``late payment deadline''), as expressly provided in Section 1.2109(a) of the Commission's Rules. Delta failed to make its final payment by the March 21, 2002 deadline. Delta filed its Petition on April 4, 2002, the late payment deadline, seeking a ``temporary waiver'' of the final payment deadline. To date, Delta has not made its final payment. Discussion. Petition for Reconsideration and Waiver: Delta contends it is entitled to a
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  • Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was August 7, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2128A1.txt
  • Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was August 7, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
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  • is prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by September 16, 2002). See 47 C.F.R. �1.2109(a). If the winning bidder fails to pay the balance of its winning bid(s) in a lump sum by September 16, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by September 30, 2002), provided it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. �
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  • Wireless Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Cellular Rural Service Areas Auction (Auction No. 45), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was September 4, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Cellular Rural Service Areas Licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R.
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  • 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. 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by October 11, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by October 11, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by October 28, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • from Peter H. Doyle, Chief, Audio Division, Office of Broadcast License Policy, Media Bureau, DA 02-2097, Ref. No. 1800B3-TSN (August 27, 2002). File No. BPH-19950417ME. Public Notice: ``FCC Announces It Is Prepared to Grant Broadcast Construction Permits After Final Payment Is Made,'' 17 FCC Rcd 4278 (2002). MBN's application was assigned File No. BPH-19950413MC. See, e.g., 47 C.F.R. �� 1.2104(g)(2), 1.2109, 1.2107(b). See also In the Matter of Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, (``Broadcast First Report and Order''), 13 FCC Rcd 15920, 15952 (1998) (while Section 1.2109 generally gives the Commission discretion to either re-auction licenses to existing or new applicants, or
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  • 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: http://www.fcc.gov ftp.fcc.gov News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 /
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  • $10,000 are rounded to the nearest hundred; results above $10,000 are rounded to the nearest thousand. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I.B., ``Upfront Payments and Initial Maximum Eligibility,'' supra. See Section II.D. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments should not be filed using the Commission's Electronic Comment Filing System. See 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov ��� � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu��
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. .by November 18, 2002). See 47 C.F.R. � 1.2109(a). If such winning bidder fails to pay the balance of its winning bid in a lump sum by November 18, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by December 3, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • 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 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). Commission Announces that Mutually Exclusive ``Short-Form'' Applications (Form 175) to Participate in Competitive Bidding Process (``Auctions'') Are
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  • Additional Information Regarding the Procedures for Obtaining a Tribal Lands Bidding Credit and List of Tribal Lands, Public Notice, DA 00-2836, (rel. December 14, 2000); Wireless Telecommunications Bureau Announces Enhancements to the Universal Licensing System to Help Winning Bidders of FCC Auctions File for Tribal Land Bidding Credits, Public Notice, DA 01-613, (rel. March 8, 2001). See 47 C.F.R. � 1.2109(b) and (c). See 47 C.F.R. � 1.2109(d). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Amendment of Part 22 of the Commission's Rules to Provide for the Filing and Processing of Applications for Unserved Areas in the Cellular Service and to Modify Other Cellular Rules, CC Docket No. 90-6, Ninth Report and Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3178A1.txt
  • Rcd. 20,417 (1997) (``Auction 16 Closing PN''). ``800 MHz Specialized Mobile Radio (SMR) Service General Service Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes,'' Public Notice, DA 00-2037 (rel. Sept. 6, 2000) (``Auction No. 34 Closing PN''). 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R . � 1.2106(e) (1996). 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R. �� 1.2109(b), 1.2104(g)(2) (1996). 47 C.F.R. � 1.2104(g)(2). Id. Id. Id. Letter from Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Mr. Jack Bond, Mountain SMR Group, L.L.C., 13 FCC Rcd 4504 (1998); Erratum to Letter from Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Mr. Jack Bond, Mountain SMR Group, L.L.C.,
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
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  • on the particular license. See Section I(B) ``Upfront Payments and Initial Maximum Eligibility'', supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media
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  • on the particular license. See Section I.B. (``Upfront Payments and Initial Maximum Eligibility''), supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media
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  • 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 with Appendix
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  • 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 with Appendix
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by December 23, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by December 23, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by January 8, 2003), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by December 23, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by December 23, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by January 8, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • and September 27, 2002, the Wireless Telecommunications Bureau announced that it was prepared to grant applications for licenses to winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47
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  • 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 with Appendix
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  • bidders, if the applications are uncontested. Within ten business days after the date of that public notice, the uncontested winning bidders will be required to make full payment of the balance of their winning bids. Broadcast construction permits 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by January 2, 2003). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by January 2, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by January 16, 2003), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • 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 with Appendix
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3487A1_Erratum.doc
  • 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 with Appendix
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  • filing. One of the applications accepted for filing was that of Abundant Life, Inc. (``ALI''), the winning bidder in Mutually Exclusive Group FM 76 of Auction No. 25, for a new FM broadcast construction permit at Hattiesburg, Mississippi. ALI's application was dismissed after it defaulted by failing to make its final auction payment in a timely manner. Pursuant to Section 1.2109(c) of our Rules, the Hattiesburg construction permit was offered to Unity Broadcasters (``Unity''), the next highest bidder in Mutually Exclusive Group FM 76. Unity made its down payment on March 7, 2002, and has been found legally and technically qualified to be a Commission licensee, and that grant of a construction permit would be in the public interest, convenience, and
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  • 73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits to the winning bidders, if the application is uncontested.2 Within ten business days after the date of that public notice, the uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. �� 1.2109 and 73.5003(c). Broadcast construction permits 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
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  • to place a bid on the particular license. See Section III.D.3 ``Amount of Upfront Payment,'' infra. See Section IV.B.6 ``Bid Removal and Bid Withdrawal,'' infra. Auction No. 48 Comment Public Notice at 12-13. The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. See 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15; 47 C.F.R. � 1.2104(g)(1). See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15. In the Matter of Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect to the Mandate of the District of Columbia Circuit Court of Appeals, Order, 16 FCC Rcd
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  • 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 with Appendix
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  • thousand but over one thousand, or to the nearest ten if it is below one thousand. See Section IV.B.6 ``Bid Removal and Bid Withdrawal,'' infra. Auction No. 45 Comment Public Notice at 8. The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. See 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15; 47 C.F.R. � 1.2104(g)(1). See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15. See 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 11794 (2000); Wireless
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  • Radio (SMR) Service General Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes, Public Notice, DA 00-2037 (rel. Sept. 6, 2000) (``Auction No. 34 Closing PN''). Id., Attachment A ``Round Results, High Bids,'' p. 50 of 50. Id. 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R . � 1.2106(e) (1996). 47 C.F.R. � 1.2104(g)(1) (1996). Id. 47 C.F.R. �� 1.2109(b), 1.2104(g)(2) (1996). 47 C.F.R. � 1.2104(g)(2). Id. Id. Id. Auction No. 34 Closing PN, Attachment E: Multi-Auction Withdrawal Payment Report. Id., Attachment D: Default Payment Report. Attachment A to this Order, Auction Report; see also Auction No. 34 Closing PN. Initial Default Payment Order, 15 FCC Rcd. at 11,776 � 6. Communications Pacific, Inc. 03/04/02 Federal Communications Commission Washington, D.C.
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  • 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 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 Services (PCS) Licenses
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  • is prepared to grant the fifteen (15) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 18, 2002). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by April 1, 2002), provided that it also pays a late fee equal to five percent
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 21, 2002). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 4, 2002), provided that it also pays a late fee equal to
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R. � 1.2109(d). Refund of Remaining Upfront Payment Balance All applicants that submitted upfront payments but were not winning bidders for a license in Auction No. 44 may be entitled to a refund of their remaining upfront payment balance after the conclusion of the auction. No refund will be made unless there are excess funds on deposit from that applicant after any applicable
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  • timely payment of the remaining balance of the applicant's winning bid(s) by March 22, 2002, which is ten business days after the date of this public notice. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a) of the Commission's Rules, applicants who fail to meet the initial ten business day payment deadline are given an additional ten business days in which to pay, provided they also pay a late fee equal to five percent of the amount due. Applicants listed in the Attachment who do not submit the required payment by the late payment deadline of
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  • applications for fifteen (15) licenses to a winning bidder in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction No. 35), provided that the applicant made full and timely payment of the remaining balance of its winning bid(s). The final payment deadline was March 18, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for fifteen (15) licenses. Accordingly, by this Public Notice, we announce the grant of the fifteen (15) C and F Block Broadband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's Rules, 47
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  • 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 September
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  • 31 Package Bidding Procedures Public Notice, 15 FCC Rcd at 11555. See 47 C.F.R. � 27.501(b). Auction No. 31 Package Bidding Procedures Public Notice, 15 FCC Rcd at 11556. See Section IV.B.3, above. 47 C.F.R. � 27.501. With the exception of calculating default payments, the Commission's standard Part 1 rules governing defaults will apply in Auction No. 31, e.g., section 1.2109, which gives the Commission discretion to either reauction a license or offer it to other highest bidders. See 47 C.F.R. �27.501(a) (except as otherwise provided, Part 1 rules apply to defaults); 47 C.F.R. � 1.2109(b). 47 C.F.R. � 27.501(b). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. � 27.501(b)(1). For example, if a bidder defaults on two bids, one for License A
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-659A2_Erratum.doc
  • 31 Package Bidding Procedures Public Notice, 15 FCC Rcd at 11555. See 47 C.F.R. � 27.501(b). Auction No. 31 Package Bidding Procedures Public Notice, 15 FCC Rcd at 11556. See Section IV.B.3, above. 47 C.F.R. � 27.501. With the exception of calculating default payments, the Commission's standard Part 1 rules governing defaults will apply in Auction No. 31, e.g., section 1.2109, which gives the Commission discretion to either reauction a license or offer it to other highest bidders. See 47 C.F.R. �27.501(a) (except as otherwise provided, Part 1 rules apply to defaults); 47 C.F.R. � 1.2109(b). 47 C.F.R. � 27.501(b). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. � 27.501(b)(1). For example, if a bidder defaults on two bids, one for License A
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  • the applications for the twenty seven (27) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by April 19, 2002). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by April 19, 2002, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by May 3, 2002), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • provides that the length of time to file a petition to deny may vary on a service-specific basis, but cannot exceed ten (10) days. The following service-specific rules, which conflict or are redundant with all or part of section 1.2108 of the Commission's rules, are modified or removed: 21.957; 90.1025(a); 101.1110; and 101.1207. License grant, denial, default, and disqualification. Section 1.2109 of the Commission's rules addresses the consequences for a winning bidder that fails to timely make a down payment or full payment on its winning bid(s), withdraws its bid(s) after the auction has closed, violates the federal antitrust laws, or is otherwise found unqualified to be a licensee. The following service-specific rules, which conflict or are redundant with all or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • provides that the length of time to file a petition to deny may vary on a service-specific basis, but cannot exceed ten (10) days. The following service-specific rules, which conflict or are redundant with all or part of section 1.2108 of the Commission's rules, are modified or removed: 21.957; 90.1025(a); 101.1110; and 101.1207. License grant, denial, default, and disqualification. Section 1.2109 of the Commission's rules addresses the consequences for a winning bidder that fails to timely make a down payment or full payment on its winning bid(s), withdraws its bid(s) after the auction has closed, violates the federal antitrust laws, or is otherwise found unqualified to be a licensee. The following service-specific rules, which conflict or are redundant with all or
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  • further public notice the applicant to which the Commission is prepared to award licenses. The winning bidder will be required to pay the balance of its total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant its licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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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, 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 Communications Services
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  • 1-3. Auction No. 44 closed on September 18, 2002. See Lower 700 MHz Band Auction Closes, Winning Bidders Announced, Down Payments Due October 4, 2002, FCC Forms 601 and 602 Due October 4, 2002, Ten-Day Petition to Deny Period, Public Notice, 17 FCC Rcd 17272 (2002). The Bureau has before it a Request for Waiver of Auction Procedures and Section 1.2109 of the Commission's Rules filed on October 2, 2002, by Banks Broadcasting, Inc. (``Banks'') and a Petition to Promptly Resolve Waiver Request or Remove Four Licenses from Auction No. 49 Pending Resolution of Outstanding Waiver Request, filed by Banks on December 17, 2002. In these filings, Banks seeks to have the Bureau offer it four of the licenses listed herein
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  • 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 application in
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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 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 Communications Services
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  • 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 2002). See
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  • prepared to grant applications for the licenses listed in Attachment A, to winning bidders of the Upper and Lower Paging Bands licenses (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was March 26, 2003. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Band licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of
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  • to grant applications for the licenses listed in Attachment A to a winning bidder in the Narrowband Personal Communications Services (``PCS'') auction (Auction No. 41), provided that the applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was April 10, 2003. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Narrowband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules,
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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). 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� h� h�
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  • 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 2002). See
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  • 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 application in
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  • to deny SkyTel's waiver request, reject SkyTel's application, and find SkyTel not qualified to bid with respect to any license in Auction No. 48 based on that determination. If the Bureau ultimately denies SkyTel's waiver request, SkyTel would be 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 in the Lower and Upper Paging Bands Scheduled for May 13, 2003, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, Public Notice, DA 02-3560, (rel. December 20, 2002), 68 Fed. Reg. 6151 (``Auction No. 48 Procedures Public Notice''). Auction No. 48 Procedures
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by May 12, 2003). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by May 27, 2003), provided that it also pays a late fee equal to
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by January 31, 2003). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by January 31, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by February 14, 2003), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • it is prepared to grant the license. Within ten business days after the date of that public notice, the winning bidder will be required to make full payment of the balance of its winning bid. The license will be granted only after the full and timely payment of the winning bid and any applicable late fees, in accordance with Section 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). Because the winning bidder's upfront payment is sufficient to meet its down
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by May 21, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by May 21, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by June 5, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • 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 Y Y J � * + D
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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). 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� � X� �� ȸ � �K _
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-1583 Released: MAY 13, 2003 WIRELESS TELECOMMUNICATIONS BUREAU GRANTS NARROWBAND PCS LICENSES AUCTION EVENT NO. 41 Report No. AUC-41 (Auction No. 41) The Wireless Telecommunications Bureau grants an application for a winning bidder in the Narrowband PCS Auction (Auction No. 41). The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Narrowband PCS application listed in Attachment A. We grant this application pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331,
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  • 17, 2002, the Wireless Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Lower 700 MHz band C and D block Auction (Auction No. 44), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R.
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  • Upper and Lower Paging Band auction (Auction No. 40), provided that it made full and timely payment of the remaining balance of its winning bids. Additionally, Scott MacIntyre, an applicant that was not listed on the Prepared to Grant PN, already has made full payment of its winning bid. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging band licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by January 17, 2003). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by February 3, 2003), provided that it also pays a late fee equal to
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  • filing. One of the applications accepted for filing was that of Delta Radio, Inc. (``Delta''), the winning bidder in Mutually Exclusive Group FM 73 of Auction No. 25, for a new FM broadcast construction permit at Greenville, Mississippi. Delta's application was dismissed after it defaulted by failing to make its final auction payment in a timely manner. Pursuant to Section 1.2109(c) of our Rules, the Greenville construction permit was offered to Mondy-Burke Broadcasting Network (``Mondy-Burke''), the next highest bidder in Mutually Exclusive Group FM 73. Mondy-Burke made its down payment on September 11, 2002, and has been found legally and technically qualified to be a Commission licensee, and that grant of a construction permit would be in the public interest, convenience,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit May 16, 2003 DA 03-1719 Gregory M. Schmidt Vice President Banks Broadcasting, Inc. 11 Dupont Circle, N.W., Suite 365 Washington, D.C. 20036 Jonathan D. Blake Covington & Burling Counsel to Banks Broadcasting, Inc. 1201 Pennsylvania Avenue, NW Washington, D.C. 20004 Re: Banks Broadcasting, Inc. Request for Waiver of Section 1.2109(b) of the Commission's Rules (Auction No. 44) Dear Messrs. Schmidt and Blake: This letter responds to the Request for Waiver and Petition to Promptly Resolve Waiver Request filed on behalf of Banks Broadcasting, Inc. (``Banks''). Banks seeks a waiver of Section 1.2109(b) of the Commission's Rules, which permits the Commission to offer a license to the next highest bidders (in
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  • the Hickory, 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.
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by June 5, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by June 5, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by June 19, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Those persons seeking answers to legal questions should call Keith Fickner at (202) 418-7308. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 $ $ �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D
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  • 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. 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by July 2, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bids in a lump sum by July 2, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 17, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • 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. 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • Tribal Lands,'' Public Notice, 15 FCC Rcd 24838 (2000); ``Wireless Telecommunications Bureau Announces Availability of Bidding Credits For Providing Wireless Services To Qualifying Tribal Lands: Tribal Land Bidding Credits to be Available Beginning in Auction No. 36 (800 MHz Specialized Mobile Radio (SMR) Lower 80 Channels) and in Future Auctions,'' Public Notice, 15 FCC Rcd 18351 (2000). 47 C.F.R. � 1.2109(d). In addition to the part (iii) formula derived here, the minimum acceptable bid also considers part (i) and (ii) amounts, where (i) is the minimum opening bid and (ii) is the bidder's own previous high bid plus x%, where x is specified by the Bureau. The minimum acceptable bid is the greatest of the three amounts. These constraints will be
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
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  • 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 ���������������tm�tm�vkv�Z�Z�TMT h[f h[f h[f h[f h[f ��PNG r
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  • 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. � 101.105 (Interference protection criteria), 47 C.F.R. � 101.1421 (Coordination of adjacent area MVDDS stations and incumbent public safety POFS stations), and 47 C.F.R. � 101.1440 (MVDDS protection of DBS). 47 C.F.R. � 101.147(p), � 101.1423, and �� 1.928(f)(1) and (2). 47 C.F.R. � 101.105 and � 1.924. See supra note 1. 47 C.F.R. Ch. 1, Subpart
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  • prepared to grant the application for the license listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by August 1, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by August 1, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by August 15, 2003), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by August 8, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by August 8, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by August 22, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by August 13, 2003). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by August 27, 2003), provided that it also pays a late fee equal to
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  • bidders, if the applications are uncontested. Within ten business days after the date of that public notice, the uncontested winning bidders will be required to make full payment of the balance of their winning bids. Broadcast construction permits 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). The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. 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 be accepted. All payments must be accompanied
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  • Telecommunications Bureau announced that it was prepared to grant an application for a winning bidder in the Lower 700 MHz Band Auction (Auction No. 44), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was August 1, 2003. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band application listed in Attachment A. We grant this application pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
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  • 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 FCC Rcd
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  • 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 FCC Rcd
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  • 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 by Commercial Mobile Radio Services
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  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x
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  • on the particular license. See Section I.B., (``Upfront Payments and Initial Maximum Eligibility''), supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E., ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C., ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). See 47 C.F.R. � 0.459. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov n o p � � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!�
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, JoAnn Epps, at (202) 418-1342. The
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  • bid on the particular license. See Section I.B. (``Upfront Payments and Bidding Eligibility''), supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media
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  • PCS, Inc., 11 FCC Rcd 14495 (1996) (requiring a three percent deposit). 47 C.F.R. �� 1.2106(d) and (e), 24.704(a)(1); Auction No. 11 Winning Bidders Public Notice, at 3. 47 C.F.R. �� 1.2104(g)(1), 24.704(a)(1); Auction No. 11 Winning Bidders Public Notice, at 3. 47 C.F.R. �� 1.2104(g)(1), 24.704(a)(1); Auction No. 11 Winning Bidders Public Notice, at 3. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b), 24.704(a)(1) and (2); Auction No. 11 Winning Bidders Public Notice, at 5. 47 C.F.R �� 1.2104(g)(2), 24.704(a)(1); Auction No. 11 Winning Bidders Public Notice, at 5. 47 C.F.R �� 1.2104(g)(2), 24.704(a)(2); Auction No. 11 Winning Bidders Public Notice, at 5. 47 C.F.R �� 1.2104(g)(2), 24.704(a)(2); Auction No. 11 Winning Bidders Public Notice, at 5. See Auction No. 11 Winning Bidders
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • it is prepared to grant the licenses. Within ten business days after the date of that public notice, the winning bidder will be required to make full payment of the balance of its winning bid. The licenses will be granted only after the full and timely payment of the winning bid and any applicable late fees, in accordance with Section 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). Because the winning bidder's upfront payment is sufficient to meet its down
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  • 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. 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by October 27, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by October 27, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by November 10, 2003), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • 11973, 11977, � 11 (1998). See Id. at 11978. 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. See 47 C.F.R. � 90.667(a). . 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. �� 1.1305-1.1319. 47 C.F.R. � 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. � 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on
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  • is taken 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
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  • Telecommunications Bureau announced that it was prepared to grant an application for a winning bidder in the Lower 700 MHz Band Auction (Auction No. 44), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was October 27, 2003. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band application listed in Attachment A. We grant this application pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • 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 to serve different communities of license,
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by November 21, 2003). See 47 C.F.R. � 1.2109(a). If a winning bidder listed on Attachment A fails to pay the balance of its winning bid(s) in a lump sum by November 21, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 8, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 5, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by December 5, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 19, 2003), provided that it also pays a late fee equal to five percent of the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3724A1_Erratum.doc
  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 5, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by December 5, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 19, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • of Upfront Payment,'' supra. 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. 50 Comment Public Notice at 9-10. The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. See 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15; 47 C.F.R. � 1.2104(g)(1). See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15. See ``Wireless Telecommunications Bureau Reminds Filers of Effective Date for Mandatory Electronic Filing of FCC Form 602,'' Public Notice, DA 02-3156, (rel. November 14, 2002); see also 47
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 8, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bid(s) in a lump sum by December 8, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 22, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • 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 FCC Rcd
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  • Bureau announced that it was prepared to grant applications for licenses to winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was December 23, 2002. The Commission received full and timely payment as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47
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  • Wireless Telecommunications Bureau announced that it was prepared to grant the applications for certain winning bidders in the Lower 700 MHz Band Auction (Auction 49), provided that each applicant made full and timely payment of the remaining balance of its winning bids before the deadlines established by the Commission. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice we announce the grant of the Lower 700 MHz Band applications listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. �0.331, because it will service
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 30, 2003). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bid(s) in a lump sum by December 30, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by January 14, 2004), provided that it also pays a late fee equal to five percent of the amount
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  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit D D D D D D D D Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of AIRCOM CONSULTANTS, INC. Request for Waiver of 47 C.F.R. � 1.2109(b) ) ) ) ) ) FCC File No. 0000014657 RDER ON RECONSIDERATION Adopted: February 10, 2003 Released: February 11, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: introduction On November 2, 2001, AirCom Consultants, Inc. (AirCom) requested reconsideration of the denial of its request for waiver of the Commission's down payment and default rules and
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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
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  • most highly wins the license. As we explain below, we decline to adopt Banks' proposal because it would undermine the efficacy of our activity and eligibility rules, thereby potentially decreasing the likelihood that the license is awarded to the bidder who values it most highly. The Commission's rules do not provide for the procedure suggested by Banks. Pursuant to section 1.2109(b) of the Commission's rules, however, the Bureau retains the discretion to offer licenses to the next-highest bidder if a winning bidder withdraws or defaults ``after the Commission has declared competitive bidding closed.'' Although the Bureau has the discretion to award licenses to the next-highest bidder in such cases, the Commission has consistently indicated, ``the best course is to re-auction the
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 14, 2003). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by March 28, 2003), provided that it also pays a late fee equal to
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  • keep the applicant's actual TIN confidential. See 47 C.F.R. � 1.923(h). For purposes of this Order, however, ``TIN'' will refer to the ``masked TIN'' of an entity. Order, 16 FCC Rcd. at 18875, � 4. See 47 C.F.R. � 1.1205(b)(2)-(c)(2). In addition, because the Branch found Trompex disqualified, it deemed Trompex to be in default, pursuant to 47 C.F.R. � 1.2109(c), and set forth the initial default payment of $26,343 for Trompex. Order, 16 FCC Rcd. at 18875-76, �� 5-6. Order, 16 FCC Rcd. at 18875-77, �� 4, 9. The Branch noted that Supra stated that it was a wholly-owned subsidiary of Idowu, Inc., whose majority shareholder is Olukayode A. Ramos, a citizen of Nigeria. Id. at 18875, � 2. Because
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  • 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 with Appendix
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by March 26, 2003). See 47 C.F.R. � 1.2109(a). If a winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by March 26, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by April 9, 2003), provided that it also pays a late fee equal to five percent of the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-751A1_Erratum.doc
  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by March 26, 2003). See 47 C.F.R. � 1.2109(a). If a winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by March 26, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by April 9, 2003), provided that it also pays a late fee equal to five percent of the amount
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  • 16, 2003, the Wireless Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Lower 700 MHz band C and D block Auction (Auction No. 44), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R.
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  • is prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by April 10, 2003). See 47 C.F.R. �1.2109(a). If the winning bidder fails to pay the balance of its winning bids in a lump sum by April 10, 2003, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by April 24, 2003), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • Procedural Issues,'' Auction No. 28, DA 99-2958, Public Notice (rel. December 23, 1999). 2001 Auction No. 37 Procedures Public Notice, 16 FCC Rcd at 953-54, 961-68. Bidders must have sufficient eligibility to place a bid on the particular construction permit. See Section II.B. (``Upfront Payments and Bidding Eligibility''), supra. See Section II.C. ``Activity Rules,'' supra. See 47 C.F.R. � 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). 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., ``Auction of Licenses
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by May 5, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by May 5, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by May 19, 2004), provided that it also pays a late fee equal to five percent of the amount
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The
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  • of this Public Notice (i.e., by May 19 of its winning bid(s) in a lump sum by May 19, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by June 3, 2004), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) by the late payment deadline of June 3, 2004, it will 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
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  • based upon a preliminary review of the long-form applications, it was accepting for filing the applications for winning bidders in Auction No. 55. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice we announce the grant of the SMR 900 MHz Band applications listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by May 25, 2004). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 9, 2004), provided that it also pays a late fee equal to
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  • Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Band Auction (Auction No. 48), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was May 5, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by June 1, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by June 1, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by June 15, 2004), provided that it also pays a late fee equal to five percent of the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1412A1.txt
  • application for the four (4) licenses listed in Attachment A to a winning bidder in the Narrowband Personal Communications Services (PCS) Auction (Auction No. 50), provided that the applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was May 19, 2004. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), by the payment deadline. Accordingly, by this Public Notice, we announce the grant of the Narrowband PCS Licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-142A1.txt
  • 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 ��"r�9 I'6� �d�Y�͆aX
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1504A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1504A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1504A1.txt
  • Mariana Islands), BEA173C (Guam and Northern Mariana Islands) in Auction No. 34, and we will apply Silver Palm's upfront and down payments on deposit to satisfy this initial default payment obligation. It is FURTHER ORDERED pursuant to Sections 4(i), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i), 303(r), and 309(j), and Sections 0.331 and 1.2109 of the Commission's rules, 47 C.F.R. ��0.331 and 1.2109, that the FCC Form 601 long-form application of Silver Palm Communications, Inc., File Number 0000233574, is DISMISSED with prejudice. It is FURTHER ORDERED, pursuant to Sections 0.331 and 1.2104(g)(2) of the Commission's rules, 47 C.F.R. �� 0.331 and 1.2104(g)(2), that Silver Palm Communications, Inc. will be subject to a final default
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  • id. at 11,978. 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 17,555, � 17. 47 C.F.R. � 1.2107(d). See 47 C.F.R. � 1.2109(d). Id. As proposed in the Public Coast Third Further Notice, expanding an incumbent system's contour over water only (disregarding uninhabited islands) shall not be deemed to extend the system's service area. Such an expansion shall not reduce the area that can be served by the geographic area licensee because the geographic licensee would not be able to service the additional
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1592A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1592A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1592A1.txt
  • that it was prepared to grant the applications for licenses of certain winning bidders in the Upper and Lower Paging Band Auction (Auction No. 48), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was June 1, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Band licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.txt
  • 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{ h{ h{
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1.txt
  • bid on the particular license. See Section I.B. ``Upfront Payments and Bidding Eligibility'', supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. Q �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1639A1_Erratum.doc
  • bid on the particular license. See Section I.B. ``Upfront Payments and Bidding Eligibility'', supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. Q �
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  • bidders, if the applications are uncontested. Within ten business days after the date of that public notice, the uncontested winning bidders will be required to make full payment of the balance of their winning bids. Broadcast construction permits 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). The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. WTB now employs a final payment deadline different from that described above. Consistent with current WTB practice, for Auction No. 37, the Bureaus are considering rule changes to conform Sections 73.3573(f)(5)(ii) and 73.5006(d) to analogous Part 1 auction
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  • 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 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1718A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1718A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1718A1.txt
  • Notice. After the pleading cycle, the Wireless Telecommunications Bureau will announce by further public notice applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by March 2, 2004 (or March 16, 2004, along with the 5% late fee). See 47 C.F.R. � 1.2109(a). Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or Elizabeth Fishel, Industry Analyst, at (717) 338-2649. The Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.txt
  • Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977, � 11 (1998) (``Nevada Wireless''). 47 C.F.R. � 1.65. $ h� ? @ ] ` y { � � � � h@ h{ h�9 h�9 h�9 ��^��gd�9 h�9 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-194A1.txt
  • Telecommunications Bureau announced that it was prepared to grant an application for a winning bidder in the Lower 700 MHz Band Auction (Auction No. 44), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was January 26, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band application listed in Attachment A. We grant this application pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
• 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
  • (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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v``
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1_Erratum.doc
  • (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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v``
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  • bid on the particular license. See Section I.B. (``Upfront Payments and Bidding Eligibility''), supra. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2084A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2084A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2084A1.txt
  • based upon a preliminary review of the long-form applications, it was accepting for filing the applications for winning bidders in Auction No. 55. Upon further review and examination, the application listed in Attachment A has been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the four (4) SMR 900 MHz Band licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331,
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  • 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� h[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
  • Final Payments Winning bidders will be required to submit the balance of the net amount of their winning bids by August 16, 2004, as set out in the ``Refund or Final Balance Due'' column of Attachment B. 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), and upon completion of the long-form applications (FCC Form 312) review. Method of Payment for Final Payments 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-215A1.txt
  • Payments Each winning bidder will be required to submit the balance of the net amount of its winning bids by March 2, 2004, as set out in the ``Refund or Final Balance Due'' column of Attachment B. 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), and upon completion of the long-form applications (FCC Form 601) review. Method of Payment for Down and Final Payments 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-21A1.txt
  • Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Band Auction (Auction No. 48), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadline was December 5, 2003. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-22A1.txt
  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by January 26, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by January 26, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 9, 2004), provided that it also pays a late fee equal to five percent of the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-232A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-232A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-232A1.txt
  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, JoAnn Epps, at (202) 418-1342. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2331A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2331A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2331A1.txt
  • based upon a preliminary review of the long-form applications, it was accepting for filing the applications for winning bidders in Auction No. 53. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the one hundred fifty four (154) MVDDS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331,
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  • further public notice applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their total winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant their respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, JoAnn Epps, at (202) 418-1342. The
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  • prepared to grant the application for the license listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by January 26, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by January 26, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by February 9, 2004), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • case all winning bidders' upfront payment amounts are sufficient to meet this requirement. Final Payments Each winning bidder will be required to submit the balance of the net amount of its winning bids by August 30, 2004. 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), and upon completion of the long-form applications (FCC Form 601) review. In this case all winning bidders' upfront payment amounts are sufficient to meet this requirement. Default and Disqualification Payments The Commission imposes payments on bidders that default on payments due after an auction closes, or those that are disqualified. Bid Default/Disqualification Payments. If a high bidder defaults or is
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  • 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{ h�9 h�9 h�9 ��^��gd�9 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD
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  • preliminary review of the long-form applications, it was accepting for filing the applications for winning bidders in Auction No. 53. Upon further review and examination, the application of South.Com LLC listed in Attachment A has been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the thirty-seven (37) MVDDS licenses listed in Attachment A to South.Com LLC. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331,
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  • Wireless Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Lower 700 MHz Band Auction (Auction No. 49), provided that the applicants made full and timely payment of the remaining balance of their winning bids. The payment deadline was January 30, 2003. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
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  • 21, 2003 and December 12, 2003, the Wireless Telecommunications Bureau announced that it was prepared to grant applications for certain winning bidders in the Lower 700 MHz Band Auction (Auction No. 44), provided that the applicants made full and timely payment of the remaining balance of their winning bids. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
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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). 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� h� ��PNG
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  • 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 Broadwave USA, PDC Broadband Corporation,
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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) (``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 � � � � � � � � � h@
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_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) (``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 � � � � � � � � � h@
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  • high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in section 1.2104(g)(2) of the Commission's rules. Pursuant to section 1.2109(d) of the Commission's rules, bidders who are found to have violated anti-trust laws or the Commission's rules in connection with their participation in an auction may be subject to forfeiture of monies on deposit and may be barred from participation in future auctions. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant,
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  • id. at 11,978. 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 17,555, � 17. 47 C.F.R. � 1.2107(d). See 47 C.F.R. � 1.2109(d). Id. See, e.g., 47 C.F.R. �� 15.307, 24.5, 24.237-24.253, 101.3, 101.69-101.81, 101.147; Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, WT Docket No. 95-157, Memorandum Opinion and Order on Reconsideration, FCC 00-123 (rel. July 19, 2000); Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, Second Report
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  • a winning bidder's upfront payment is not sufficient to meet this requirement, the winning bidder must deposit additional funds. In Auction No. 57, all winning bidder's upfront payment amounts are sufficient to meet this requirement. Final Payments 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), and upon completion of the long-form applications (FCC Form 601) review. In the Auction No. 57 Procedures Public Notice, the Bureau announced that each winning bidder would be required to submit the balance of the net amount of its winning bids within 10 business days after the deadline for submitting down payments, which would make such payments due no later
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  • Commission (``SEC'') as well as from the FCC'' and to ``take additional measures as may be appropriate to address the MVDDS-cable cross-ownership limits.'' DISCUSSION As an initial matter, upon review and examination, we find the captioned application to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), for the license in question. Accordingly, we hereby grant DTV's captioned application for the license for the New York market (MVD001), effective upon release of the instant Order. This grant is conditioned on DTV meeting the cross-ownership limits. Turning to the Waiver Request, Section 1.3 of the Commission's rules authorizes us to
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  • Upfront Payments and Other Auction Procedures,'' Public Notice, 18 FCC Rcd 17553 (2003). See note 7, supra. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I.B. (``Upfront Payments and Bidding Eligibility''), supra. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News
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  • 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 St., S.W. Washington, D.C. 20554 News Media Information
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  • it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Band Auction (Auction No. 48), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadlines were January 26, 2004 and February 4, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
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  • are contained in Attachments B and C to this Public Notice. After the pleading cycle, the Wireless Telecommunications Bureau will announce by further public notice applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by October 18, 2004. See 47 C.F.R. � 1.2109(a). However, in Auction No. 57, all winning bidders' upfront payment amounts are sufficient to meet this payment requirement. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The Technical
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  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by December 1, 2004). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by December 15, 2004), provided that it also pays a late fee equal to
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  • Telecommunications Bureau announced that it was prepared to grant an application for a winning bidder in the Lower 700 MHz Band Auction (Auction No. 44), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was April 2, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the
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  • FCC Rcd. 17,546, 17,555 � 17 (2001). ``Controlling interests'' include individuals or entities, or groups of individuals or entities, that have control of the applicant under the principles of either de jure or de facto control, and include an entity's officers and directors. See 47 C.F.R. � 1.2110(c)(2). 47 C.F.R. � 1.2105(c)(1). 47 C.F.R. � 1.2105(c)(7)(i). See 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 h h h h ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� d h i h i x �
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  • the construction permits to the winning bidders. Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. Broadcast construction permits 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • prepared to grant the application for the license listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by December 15, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by December 15, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by December 30, 2004), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • prepared to grant the application for the license listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by December 15, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by December 15, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by December 30, 2004), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • prepared to grant the application for the license listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 27, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by December 27, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by January 11, 2005), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • the licenses won at auction. Alternatively, you ask for a decision that, in the event that a winning bidder defaults, the Commission will ``not retain more than 20% of an applicant's total bid as an interim default penalty until a final decision penalty can be computed under Section 1.2104(g)(2).'' For the reasons set forth below, we deny these requests. Section 1.2109(a) of the Commission's rules states that auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following the release of a public notice establishing the payment deadline. Pursuant to its delegated authority, the Wireless Telecommunications Bureau (``Bureau'') released the Auction No. 58 Procedures Public Notice in September of 2004
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  • 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�. � � - ! P Q X [ h�. ![ ` �
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  • 11978, � 13. 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. See 47 C.F.R. � 101.1331. See 47 C.F.R. � 101.1331(d). See 47 C.F.R. � 101.1331. See 47 C.F.R. � 101.1333. . . 47 C.F.R. � 1.924. 47 C.F.R. � 101.1329. Section 101.1329 of the Commission's Rules permits EA licensees to construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 11, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bid(s) in a lump sum by March 11, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by March 25, 2004), provided that it also pays a late fee equal to five percent of the amount
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  • Payments Each winning bidder will be required to submit the balance of the net amount of its winning bids by March 30, 2004, as set out in the ``Refund or Final Balance Due'' column of Attachment B. 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), and upon completion of the long-form applications (FCC Form 601) review. Method of Payment for Down and Final Payments 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by January 30, 2004). See 47 C.F.R. � 1.2109(a). If a winning bidder listed on Attachment A fails to pay the balance of its winning bid(s) in a lump sum by January 30, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 13, 2004), provided that it also pays a late fee equal to five percent of the amount
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  • 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. 47 C.F.R. � 101.509 (Interference protection criteria). In General Docket 79-188 the FCC created the Digital Electronic Message Service (DEMS). This service was to be licensed on a market basis and it was decided to use the 323 SMSAs that resulted from the 1980 Census. SMSAs are unique in that they are not continuous across the nation. Also, they
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 25, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by March 25, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by April 8, 2004), provided that it also pays a late fee equal to five percent of the amount
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  • prepared to grant the application for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e. by April 2, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bid in a lump sum by April 2, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e. by April 16, 2004), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • it was prepared to grant applications for certain winning bidders in the Upper and Lower Paging Band Auction (Auction No. 48), provided that each applicant made full and timely payment of the remaining balance of its winning bids. The payment deadlines were February 4, 2004, and March 25, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the applications listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Band applications listed in Attachment A. We grant these applications pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, 47
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  • Telecommunications Bureau announced that it was prepared to grant the application for a winning bidder in the Lower 700 MHz Band Auction (Auction No. 49), provided that the applicant made full and timely payment of the remaining balance of its winning bids before the deadlines established by the Commission. The Commission received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the application listed in Attachment A. Accordingly, by this Public Notice we announce the grant of the Lower 700 MHz Band application listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �309(a), and Section 0.331 of the Commission's rules, 47 C.F.R. �0.331, because it will service
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  • Notice. After the pleading cycle, the Wireless Telecommunications Bureau will announce by further public notice applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by March 30, 2004 (or April 13, 2004 along with the 5% late fee). See 47 C.F.R. � 1.2109(a). Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or, Bettye Woodward, at (202) 418-1345. The Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls
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  • Bids, Upfront Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 21176 (2003). For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by February 4, 2004). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by February 4, 2004, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 19, 2004), provided that it also pays a late fee equal to five percent of the amount
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  • No. 32 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by April 19, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the April 19, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 3, 2005, provided that it also pays a late fee equal to five percent of the
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  • 11978 � 13. 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. http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion As proposed in the Public Coast Third Further Notice, expanding an incumbent system's contour over water only (disregarding uninhabited islands) shall not be deemed to extend the system's service area. Such an expansion shall not reduce the area that can be served by the geographic area licensee because the geographic licensee would not be able to service the
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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). 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 kd h{ � � � ��PNG r v
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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). 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 kd h{ � � � ��PNG r v
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  • standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See note 14, above. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' below. Id. See Section I.C. ``Activity Rules,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(e). 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).
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  • Payment (3% of net winning bid) FM292-A (Leakey, TX) $101,000.00 $65,650.00 $1,969.50 FM320-A (Torrey, UT) $119,000.00 $77,350.00 $2,320.50 Total $4,290.00 FM broadcast construction permit nos. FM292-A (Leakey, TX) and FM320-A (Torrey, UT). See ``FM Broadcast Construction Permits Auction Closes,'' Public Notice, DA 04-3694, at Attachment A, (rel. Dec. 1, 2004) (``Auction No. 37 Closing Public Notice''). 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). Id. Id. Id. See Auction No. 37 Closing Public Notice, supra note 1. See id. at 1-2. See id. at Attachment A. The amounts of Huryan Family Media's net winning bids and initial default payment debt are presented in Attachment A of this letter. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R.
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  • FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. FM broadcast construction permit nos. FM296-A (Mason, TX) and FM302-C2 (Rocksprings, TX). See ``FM Broadcast Construction Permits Auction Closes,'' Public Notice, DA 04-3694, at Attachment A, (rel. Dec. 1, 2004) (``Auction No. 37 Closing Public Notice''). 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). Id. Id. Id. See Auction No. 37 Closing Public Notice, supra note 1. See id. at 1-2. See id. at Attachment A. The amounts of Spearman's net winning bids and initial default payment debt are presented in Attachment A of this letter. See Letter from Lee J. Peltzman, Counsel for Spearman Properties, LLC to Ms. Marlene
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  • grant a winning bidder's long-form application, each winning bidder will be required to submit the balance of the net amount of its winning bids (gross bids less any applicable new entrant bidding credits). Broadcast construction permits will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with 47 C.F.R. � 1.2109(a). Long-Form Application Within thirty business days after release of the auction closing notice, winning bidders must electronically submit a properly completed FCC Form 346 or FCC Form 301-CA, as appropriate, for each construction permit won through Auction No. 81. Winning bidders claiming new entrant status must include an exhibit demonstrating their eligibility for the bidding credit. Further filing instructions will
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by June 6, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the June 6, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by June 20, 2005, provided that it also pays a late fee equal to five percent of the
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  • Payments Each winning bidder will be required to submit the balance of the net amount of its winning bids by June 23, 2005, as set out in the ``Refund or Final Balance Due'' column of Attachment B. 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), and upon completion of the long-form applications (FCC Form 601) review. Method of Payment for Down and Final Payments 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice
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  • 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 Brief Description: Footnote US315 states that, in the frequency bands 1530-1544 MHz and 1626.5-1645.5 MHz, maritime mobile-satellite distress and safety
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  • 18 FCC Rcd 17553. See note 12, supra. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I.B. ``Upfront Payments and Bidding Eligibility,'' supra. See note 12, supra. See note 12, supra. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. Id. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(e). The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
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  • other bidder places a high bid on the permit by the end of the auction. MMTC reasons that such an approach would avoid the expense of re-auctioning a permit, result in the provision of service to the public more rapidly, and reward applicants ``for prudence.'' The Commission's rules do not provide for the procedure suggested by MMTC. Pursuant to section 1.2109(b) of the Commission's rules, however, the Bureau retains the discretion to offer licenses to the next-highest bidder if a winning bidder withdraws or defaults ``after the Commission has declared competitive bidding closed.'' Thus, MMTC's suggestion would require a change of the Commission's rules, which is beyond the scope of this proceeding. Moreover, after the close of Auction No. 44, WTB
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1610A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1610A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1610A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1655A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1655A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1655A1.txt
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 28, 2005). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 13, 2005), provided that it also pays a late fee equal to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1694A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1694A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1694A1.txt
  • 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�. & ( 4 5 6 7 Y b n r
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1696A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1696A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1696A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1713A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1713A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1713A1.txt
  • 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 } � ' - - � � h�.
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  • See note 8, supra. See note 9, supra. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I.B. ``Upfront Payments and Bidding Eligibility,'' supra. See note 9, supra. See note 9, supra. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. Id. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1740A1.txt
  • Identification Number (TIN) and a copy of this letter. This information should be sent to the Auctions Accounting Group: Federal Communications Commission Auctions Accounting Group Attn: Gail Glasser 445 12th Street, SW, Room 1-C864 Washington, DC 20554 Requests can also be faxed to the Auctions Accounting Group at (202) 418-2843. License No. CWBTA470-C4 (West Plains, MO). 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). See In the Matter of Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction No. 22, Memorandum Opinion and Order, 16 FCC Rcd. 10,030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1741A1.txt
  • for Auction No. 58, Public Notice, 2005 WL 418198 Attachment D (rel. Feb. 18, 2005). See id. CWBTA127-C1 (Elmira-Corning-Hornell, NY) and CWBTA330-C3 (Olean, NY-Bradford, PA) did not receive bids in Auction No. 58. See id. at Attachment D. The Commission will release an order addressing those licenses once the spectrum associated with the licenses is re-auctioned. 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). See Attachment A. 47 C.F.R. � 1.2104(g)(2). Michael A. Jimerson DA 05-1741 June 23, 2005 Federal Communications Commission Washington, D.C. 20554 2-XXXX h h h h h h gd gd h / 0 � � � � h h h h h h h h gd ��`��gd gd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1922A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1922A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1922A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
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  • See note 8, supra. See note 9, supra. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I.B. ``Upfront Payments and Bidding Eligibility,'' supra. See note 9, supra. See note 9, supra. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. Id. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R.
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  • are contained in Attachments B and C to this Public Notice. After the pleading cycle, the Wireless Telecommunications Bureau will announce by further public notice applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by June 23, 2005. See 47 C.F.R. � 1.2109(a). In Auction No. 59, all winning bidders, including those who have filed requests for waiver of the application filing deadline, have satisfied this payment requirement. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or
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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). 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 � ' - � � � � � � � F h[f � � �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1993A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1993A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1993A1.txt
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by July 28, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the July 28, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by August 11, 2005, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2032A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2032A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2032A1.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). 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 � � � � � � F h[f
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  • 11978 � 13. 47 C.F.R. � 1.2105(c)(2) & (3). 47 C.F.R. � 1.2105(c)(7)(i). 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. See 47 C.F.R. � 101.103 (Frequency coordination procedures), 47 C.F.R. � 101.105 (Interference protection criteria), 47 C.F.R. � 101.109 (Treatment of incumbent licensees), 47 C.F.R. � 101.129 (Transmitter locations), 47 C.F.R. � 101.1421 (Coordination of adjacent area MVDDS stations and incumbent public safety POFS stations), and 47 C.F.R. � 101.1440 (MVDDS protection of DBS). See 47 C.F.R. � 101.147(p),
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  • 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 filing instructions, review the instructions for FCC Forms
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  • Payments Each winning bidder will be required to submit the balance of the net amount of its winning bids by September 2, 2005, as set out in the ``Refund or Final Balance Due'' column of Attachment B. 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), and upon completion of the long-form applications (FCC Form 601) review. Method of Payment for Down and Final Payments 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2250A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2250A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2250A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2273A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2273A1.txt
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by August 29, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the August 29, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by September 13, 2005, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2304A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2304A1.txt
  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by September 9, 2005). See 47 C.F.R. � 1.2109(a). If a winning bidder listed in Attachment A fails to pay the balance of its winning bid in a lump sum by September 9, 2005, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by September 23, 2005), provided that it also pays a late fee equal to five percent of the amount
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  • prepared to grant the applications for the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by September 9, 2005). See 47 C.F.R. � 1.2109(a). If a winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) in a lump sum by September 9, 2005, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by September 23, 2005), provided that it also pays a late fee equal to five percent of the amount
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  • B. All winning bidders, including those winning bidders that apply for a tribal land bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET September 21, 2005, deadline (or no later than 6:00 p.m. ET on October 5, 2005, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). 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), and upon completion of the long-form applications (FCC Form 601) review. If an applicant's request for a tribal land bidding credit is approved, the Commission will deduct the amount of the tribal
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal land bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET September 21, 2005, deadline (or no later than 6:00 p.m. ET on October 5, 2005, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal land bidding credit is approved, the Commission will deduct the amount of the tribal land bidding credit from the eligible applicant's auction payments on deposit (including the final payment), and that amount will be refunded to the payer of record as identified on FCC Form 159. and click on
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  • (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. �� 1.2107, 1.2109(a), 73.3572, 73.5003, 73.5005, and 73.5006(d). PUBLIC
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  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2412A1.txt
  • No. 44) On August 25, 2005, the Wireless Telecommunications Bureau announced that is was prepared to grant applications in the Lower 700 MHz C and D block Auction (Auction No. 44), provided that the applicant made full and timely payment of the remaining balance of its winning bids. The Commission has received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses, pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, because it will service the public interest, convenience, and necessity.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2413A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2413A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2413A1.txt
  • No. 49) On August 25, 2005, the Wireless Telecommunications Bureau announced that is was prepared to grant applications in the Lower 700 MHz C and D block Auction (Auction No. 49), provided that the applicant made full and timely payment of the remaining balance of its winning bids. The Commission has received full and timely payment, as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses, pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules, because it will service the public interest, convenience, and necessity.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2418A1.txt
  • No. 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by September 23 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the September 23, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by October 7, 2005, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2423A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2423A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2423A1.txt
  • Payments and Other Auction Procedures, Public Notice, 18 FCC Rcd 21176 (2003). For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See Section II.E. ``Information Regarding Bid Removal and Bid Withdrawal,'' below. Id. See Section I.C. ``Activity Rules,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(e). See 47 C.F.R. �� 73.606 and 73.622. 47 C.F.R. Chapter 1, Part 1, Subpart I. The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
• 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
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by October 6, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the October 6, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by October 21, 2005, provided that it also pays a late fee equal to five percent of 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
  • 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� �� g , �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2542A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2542A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2542A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• 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
  • the construction permits to the winning bidders. Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. Broadcast construction permits 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2689A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2689A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2689A1.txt
  • for applications via ULS are contained in Attachment B to this Public Notice. After the pleading cycle, the Bureau will announce by further public notice applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by June 23, 2005. See 47 C.F.R. � 1.2109(a). In Auction No. 59, all winning bidders, including those listed in Attachment A, have satisfied this payment requirement. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or Karen Black at (717) 338-2646. The Technical
• 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
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by October 31, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the October 31, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by November 15, 2005, provided that it also pays a late fee equal to five percent of 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
  • 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 ~ � ` � � � " h�. " �
• 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
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by February 18, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the February 18, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by March 7, 2005, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2871A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2871A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2871A1.txt
  • applications via ULS are contained in Attachment B to this Public Notice. After the pleading cycle, the Bureau will announce by further public notice those applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by September 21, 2005. See 47 C.F.R. � 1.2109(a). In Auction No. 61, all winning bidders have satisfied this payment requirement. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or Kim Kleppinger at (717) 338-2666. The Technical Support Hotline generally will be available
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2871A1_Erratum.doc
  • applications via ULS are contained in Attachment B to this Public Notice. After the pleading cycle, the Bureau will announce by further public notice those applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by September 21, 2005. See 47 C.F.R. � 1.2109(a). In Auction No. 61, all winning bidders have satisfied this payment requirement. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or Kim Kleppinger at (717) 338-2666. The Technical Support Hotline generally will be available
• 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
  • 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 301, Application for Construction Permit for Commercial Broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2909A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2909A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2909A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• 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
  • (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 � � � � � � � F h[f �
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  • grant a winning bidder's long-form application, each winning bidder will be required to submit the balance of the net amount of its winning bids (gross bids less any applicable new entrant bidding credits). Broadcast construction permits will be granted only after the full and timely payment of winning bids and any applicable late fees, in accordance with 47 C.F.R. � 1.2109(a). Long-Form Applications Within thirty days after the release of the auction closing notice, winning bidders must submit electronically a properly completed long-form application (FCC Form 301), and required exhibits, for each construction permit won through Auction No. 64. A winning bidder claiming new entrant status must include an exhibit demonstrating its eligibility for the bidding credit. Further filing instructions will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2997A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2997A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2997A1.txt
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by December 6, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the December 6, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by December 20, 2005, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3128A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 60. Upon further review, we find that the applications listed in Attachment A to this Public Notice are complete and conform to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the applications listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• 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
  • B. All winning bidders, including those winning bidders that apply for a tribal land bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET January 13, 2006, deadline (or no later than 6:00 p.m. ET on January 30, 2006, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). 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), and upon completion of the long-form applications (FCC Form 601) review. If an applicant's request for a tribal land bidding credit is approved, the Commission will deduct the amount of the tribal
• 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
  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal land bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET January 13, 2006, deadline (or no later than 6:00 p.m. ET on January 30, 2006, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal land bidding credit is approved, the Commission will deduct the amount of the tribal land bidding credit from the eligible applicant's auction payments on deposit (including the final payment), and that amount will be refunded to the payer of record as identified on FCC Form 159. and click on
• 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
  • (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 Form 301, Application for Construction Permit for Commercial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
  • (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 Form 301, Application for Construction Permit for Commercial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3256A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3256A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3256A1.txt
  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
• 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
  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by February 28, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the February 28, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by March 14, 2005, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-362A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-362A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-362A1.txt
  • are contained in Attachments B and C to this Public Notice. After the pleading cycle, the Wireless Telecommunications Bureau will announce by further public notice applicants to which the Commission is granting licenses. All winning bidders were required to pay the balance of their total winning bids in a lump sum payment by August 30, 2004. See 47 C.F.R. � 1.2109(a). Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250 or Elizabeth Fishel, Industry Analyst, at (717) 338-2649. The Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET.
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by March 7, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the March 7, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by March 21, 2005, provided that it also pays a late fee equal to five percent of the
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  • Payments Each winning bidder will be required to submit the balance of the net amount of its winning bids by March 21, 2005, as set out in the ``Refund or Final Balance Due'' column of Attachment B. 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), and upon completion of the long-form applications (FCC Form 601) review. Method of Payment for Down and Final Payments 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by March 11, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the March 11, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by March 25, 2005, provided that it also pays a late fee equal to five percent of the
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  • standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See note 14, supra. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. Id. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460 � 150. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(e). 47 C.F.R. �� 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(c); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, Seventh Report and Order, 16 FCC Rcd 17546 (2001). See also Notice and Filing Requirements Regarding July 31 through August
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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). 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{ � � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by March 18, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the March 18, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by April 1, 2005, provided that it also pays a late fee equal to five percent of the
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  • Telecommunications Bureau announced that it was prepared to grant an application for a winning bidder in the Lower 700 MHz Band Auction (Auction No. 44), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was December 27, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Lower 700 MHz Band license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the
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  • Bureau announced that it was prepared to grant an application for a winning bidder in the narrowband Personal Communications Service (``narrowband PCS'') (Auction No. 50), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was December 30, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the narrowband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules,
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  • that it was prepared to grant an application for a winning bidder in the regional narrowband Personal Communications Service (``regional narrowband PCS'') (Auction No. 51), provided that the applicant made full and timely payment of the remaining balance of its winning bid. The payment deadline was December 30, 2004. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R � 1.2109(a), for the application listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the regional narrowband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by March 25, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the March 25, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by April 8, 2005, provided that it also pays a late fee equal to five percent of the
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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) . 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD
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  • (``Auction No. 56''). In that auction, three winning bidders won a total of seven licenses. On February 10, 2005, the Wireless Telecommunications Bureau announced that, based upon a preliminary review of the long-form applications, it was accepting for filing the applications for winning bidders in Auction No. 56. The Commission has received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, 47 C.F.R. � 1.2109(a), for the licenses listed in Attachment A. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Accordingly, by this Public Notice, we announce the grant of the seven (7) 24 GHz licenses listed in Attachment A. We
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
  • 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, for example, a new licensee seeking
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by April 19, 2005. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the April 19, 2005 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 3, 2005, provided that it also pays a late fee equal to five percent of the
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  • activity index from the prior round is set at 0. Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section II.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning bid
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  • long-form applications, the Commission will issue a public notice announcing that it is prepared to award the construction permits to the winning bidders. See 47 C.F.R. � 73.5006(d). Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. �� 1.2109 and 73.5003. Broadcast construction permits will be granted only after the full and timely payment of the winning bids and any applicable late fees, in accordance with 47 C.F.R. � 1.2109(a). For further information, contact Shaun Maher of the Video Division at (202) 418-2324 or email at Shaun.Maher@fcc.gov. -FCC- ATTACHMENT A APPLICATIONS ACCEPTED FOR FILING GROUP PREFIX ARN APPLICANT CITY
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 13, 2006). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 27, 2006), provided that it also pays a late fee equal to
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by June 21, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the June 21, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by July 6, 2006, provided that it also pays a late fee equal to five percent of the
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  • out in the ``Final Balance Due By July 6, 2006 or (Refund)'' column of Attachment B. All winning bidders must pay the full amount of the Final Balance Due shown in Attachment B before 6:00 p.m. ET on July 6, 2006, (or before 6:00 p.m. ET on July 20, 2006, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). 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), and upon completion of the long-form applications (FCC Form 601) review. Method of Payment for Down and Final Payments All payments must be in U.S. dollars and made in the form of
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  • long-form applications, the Commission will issue a public notice announcing that it is prepared to award the construction permits to the winning bidders. See 47 C.F.R. � 73.5006(d). Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. �� 1.2109 and 73.5003. Broadcast construction permits will be granted only after the full and timely payment of the winning bids and any applicable late fees, in accordance with 47 C.F.R. � 1.2109(a). For further information, contact Shaun Maher of the Video Division at (202) 418-2324 or email at Shaun.Maher@fcc.gov. -FCC- ATTACHMENT A APPLICATIONS ACCEPTED FOR FILING GROUP PREFIX ARN APPLICANT CITY
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by June 26, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the June 26, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by July 11, 2006, provided that it also pays a late fee equal to five percent of the
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 7, 2006). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 21, 2006), provided that it also pays a late fee equal to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit d Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules ) ) ) ) MEMORANDUM OPINION AND Order Adopted: June 16, 2006 Released: June 16, 2006 By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This Order addresses a request for waiver of Section 1.2109 of the Commission's Rules filed by WSS, LLC (WSS), a winning bidder of two licenses in
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  • and eligibility for designated entity status are generally considered after the auction during the long-form application process. 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 a result of its participation in the auction. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. �� 1.2105(b), 1.2106. See 47 C.F.R. � 1.65. See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552 (2003). Auction No. 66 Procedures Public Notice at �� 105-108. Id. at �� 82-87, 104-122. 47 C.F.R. � 27.6(h)(3). Auction
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 25, 2006). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by August 8, 2006), provided that it also pays a late fee equal to
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by August 1, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the August 1, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by August 15, 2006, provided that it also pays a late fee equal to five percent of the
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by February 9, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the February 9, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by February 24, 2006, provided that it also pays a late fee equal to five percent of the
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  • and eligibility for designated entity status are generally considered after the auction during the long-form application process. 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 a result of its participation in the auction. See generally 47 C.F.R. � 1.2109. See Auction No. 66 Procedures Public Notice; see also Auction No. 66 Supplemental Procedures Public Notice. The length of a call to place a telephonic bid may vary; please allow a minimum of 10 minutes. Auction No. 66 Procedures Public Notice, 21 FCC Rcd at 4615-17 �� 201-09. Attachment A of the Auction No. 66 Procedures Public Notice sets forth
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by August 18, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the August 18, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by September 1, 2006, provided that it also pays a late fee equal to five percent of the
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  • nine acceptable bid amounts for the construction permit. Results are rounded as follows under our standard rounding procedures: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. Id. See Section II.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). 47 C.F.R. �� 1.2104(g), 1.2109. 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 FCC
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B before 6:00 p.m. ET on October 19, 2006, (or before 6:00 p.m. ET on November 2, 2006, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) and must occur before a winning bidder's long-form application (FCC Form 601) will be acted upon. If an applicant's request for a tribal lands bidding credit is approved, the Commission will deduct the amount of the
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET October 19, 2006, deadline (or no later than 6:00 p.m. ET on November 2, 2006, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will deduct the amount of the tribal lands bidding credit from the eligible applicant's auction payments on deposit (including the final payment), and that amount will later be refunded to the payer of record as identified on FCC Form 159. and click
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by October 16, 2006). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by October 30, 2006), provided that it also pays a late fee equal to
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  • 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 7684, 7689
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by October 26, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the October 26, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by November 9, 2006, provided that it also pays a late fee equal to five percent of the
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  • 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 7684, 7689
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  • bidder listed in Attachment A must be received by the Commission within ten business days of the release date of this Public Notice (i.e., by November 7, 2006). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by November 22, 2006), provided that it also pays a late fee equal to
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by November 13, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the November 13, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by November 28, 2006, provided that it also pays a late fee equal to five percent of the
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  • 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 7684, 7689
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  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 65. Upon further review, we find that the applications listed in Attachment A to this Public Notice are complete and conform to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the applications listed in Attachment A. We therefore find that the applications listed in Attachment A to this Public Notice serve the public interest, convenience and necessity. Accordingly, we grant the applications listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
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  • activity index from the prior round is set at 0. Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section III.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning bid
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  • withdrawal payment in the amount of $2,106.00. That amount was deducted from your upfront payment. See Auction No. 62 Closing Public Notice, Attachments B and C. The Commission will assess a final withdrawal payment when the permit is re-auctioned. See Auction No. 62 Closing Public Notice. See Auction No. 62 Closing Public Notice, Attachment A. See 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 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 47 C.F.R. � 1.2106(e). The Commission will retain the full amount on deposit, including the amount in excess
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  • bidder listed in Attachment A must be received by the Commission within ten business days of the release date of this Public Notice (i.e., by January 8, 2007). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by January 23, 2007), provided that it also pays a late fee equal to
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  • for purposes of Auction No. 61, and is therefore entitled only to a bidding credit of 25 percent. For the aforementioned reasons, IT IS ORDERED that application FCC File No. 0002303355, filed on September 7, 2005, as amended August 21, 2006, SHALL BE PROCESSED consistent with this Order and the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Sections 1.2109, 1.2110 and 80.1252 of the Commission's Rules, 47 C.F.R. �� 1.2109, 1.2110, 80.1252, Maritime Communications/Land Mobile, LLC must submit a payment to cover the difference between the total payments Maritime Communications/Land Mobile, LLC has submitted to the Commission, which equal the net winning bid amount as calculated with a very small business bidding credit, and the net winning bid amount
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  • 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 license or
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  • considered bids the highest bid on a given license or package of licenses by every bidder, regardless of the rounds in which the bids were placed. A bidder will not have its bidding eligibility restored if it has lost eligibility but in a later round has a bid (placed previously) become a provisionally winning bid. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. See 47 C.F.R. �� 1.2110(f), 73.5007. Knowing the size of a small business bidding credit on an individual license may be necessary in order to calculate a small
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  • upon a preliminary review of the long-form applications, it was accepting for filing the applications for the winning bidders in Auction No. 66. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • nearest $10. The FCC Auction System will assign new random numbers to all bids after any round in which any bidder bids on any license. Thus, the winner of the tiebreaker could change even if no new bids are submitted on the license that received identical high bid amounts. See Section II.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning bid
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by December 27, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the December 27, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by January 11, 2007, provided that it also pays a late fee equal to five percent of the
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  • the construction permits to the winning bidders. Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. Broadcast construction permits 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • upon a preliminary review of the long-form applications, it was accepting for filing the applications for the winning bidders in Auction No. 66. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • 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 is found
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
  • 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 is found
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  • the Wireless Telecommunications Bureau announced that the long-form applications of the winning bidders in Auction No. 61 were accepted for filing. Upon further review, we find that the Auction No. 61 applications, listed in Attachment A to this Public Notice, are complete and in conformance with the Commission's Rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its Rules, 47 C.F.R. � 1.2109(a), for the applications listed in Attachment A. We therefore find that grant of the applications listed in Attachment A serves the public interest, convenience, and necessity. Accordingly, we grant the applications listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C.
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  • 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 301, Application for Construction Permit for Commercial Broadcast
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  • 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 � 226. See also ``Justice Department Sues Three Firms
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  • upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, and as explained below, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application, listed in Attachment A to this Public Notice, subject to the exception discussed herein, pursuant to Section 309(a) of the
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  • 37 Qualified Bidders Public Notice''). See Auction 37 Qualified Bidders Public Notice, 19 FCC Rcd at 19377 (``In such cases, the Commission will make appropriate adjustments in the new entrant bidding credit prior to the computation of down and final payment amounts due from any affected winning bidders.'') See Delta Radio, Inc., 18 FCC Rcd 16889 (2003); 47 C.F.R. � 1.2109(c). L.T. Simes II and Raymond Simes February 9, 2006 - Federal Communications Commission Washington, D.C. 20554 February 9, 2006 � � h:] h:] h:] � $ ��"���& h�\�� �!��`�;GqԷ�l {�� �(��� �}X�� �Ig �� �\��H���r� �c5k8� /�� �#��@ �z ���(_�|1�H-�u|�H� |(c)�G��ݝǹ��� ��� ߺyh�)��7 �V��� � x9_3��0�H�r��i� ����� c�tm }}��_H�3����&�R�k�...�/�|�1�m ��� `��ޭ��&���``� �� �Q(�V!o� F�p�o"�M�o``B � �Z|�[T�;���2���9@-�...��� �W@��+�3η��"�9-�� �j��o��/R w tm��{Շ"~�@���(���}���p��N�3����
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  • Report and Order at � 2 (summarizing changes). ``Auction of 800 MHz Air-Ground Radiotelephone Service Licenses Scheduled for May 10, 2006; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 65,'' Public Notice, DA 06-299 (rel. February 21, 2006) (``Auction No. 65 Procedures Public Notice''). 47 C.F.R. � 1.2104(g)(2). See also 47 C.F.R. � 1.2109. CSEA/Part 1 Report and Order at � 30. The default payment rule for combinatorial auctions, which is now also included in 47 C.F.R. � 1.2104(g)(2), is not relevant to Auction No. 65. CSEA/Part 1 Report and Order at � 31. Id. See Amendment of Part 22 of the Commission's Rules to Benefit the Consumers of Air-Ground Telecommunications Services, Biennial Regulatory
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  • (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, Application for Construction Permit for Commercial Broadcast Station,
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  • Bureau announced that, based upon a preliminary review, it had accepted for filing the long-form applications for winning bidders in Auction No. 58. Upon further review, we find that the application listed in Attachment A to this Public Notice is complete and conforms to the Commission's rules. Furthermore, the Commission has received full and timely payment, as required by Section 1.2109(a) of its rules, 47 C.F.R. � 1.2109(a), for the application listed in Attachment A. We therefore find that the application listed in Attachment A to this Public Notice serves the public interest, convenience and necessity. Accordingly, we grant the application listed in Attachment A to this Public Notice pursuant to Section 309(a) of the Communications Act, as amended, 47 U.S.C.
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  • long-form applications, the Commission will issue a public notice announcing that it is prepared to award the construction permits to the winning bidders. See 47 C.F.R. � 73.5006(d). Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. �� 1.2109 and 73.5003. Broadcast construction permits will be granted only after the full and timely payment of the winning bids and any applicable late fees, in accordance with 47 C.F.R. � 1.2109(a). For further information, contact Shaun Maher of the Video Division at (202) 418-2324 or email at Shaun.Maher@fcc.gov. -FCC- ATTACHMENT A APPLICATIONS ACCEPTED FOR FILING GROUP PREFIX ARN APPLICANT CITY
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  • effects of a default may be significantly greater than in a standard SMR auction. We therefore adopt our proposal and will apply an additional default payment of 20 percent to any defaults after the close of Auction No. 65. For further information, contact Howard Davenport at (202) 418-0660. - FCC - 47 C.F.R. � 1.2104(g)(2). See also 47 C.F.R. � 1.2109. 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, FCC 06-4 (rel. January 24, 2006), �� 30-32 (``CSEA/Part 1 Report and Order''). Id. at � 31. The default payment rule for combinatorial auctions, which is now also included in 47 C.F.R. � 1.2104(g)(2), is not
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 31, 2006). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 14, 2006), provided that it also pays a late fee equal to
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by April 5, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the April 5, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by April 19, 2006, provided that it also pays a late fee equal to five percent of the
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  • award the construction permits to the winning bidders. Within ten business days after the date of that public notice, the winning bidders will be required to make full payment of the balance of their winning bids. Construction permits 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). 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). If applicable, a partially completed copy of the FCC Form 159 will
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  • 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 Commission 445 12th St., S.W. Washington, D.C. 20554
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  • based upon a preliminary review of the long-form applications, it was accepting for filing the applications for winning bidders in Auction No. 63. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • 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 7684, 7689
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  • (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 $ $ h�d # $ 0 3 K L j k o { � � � �
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by May 22, 2006. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the May 22, 2006 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by June 6, 2006, provided that it also pays a late fee equal to five percent of the
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  • 26, 2007, the Bureau announced it was prepared to grant the Telesaurus Holdings GB, LLC (``Telesaurus'') applications upon full and timely payment. Upon further review, we find that the applications filed by Telesaurus, listed in Attachment A to this Public Notice, are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1097A1_Erratum.doc
  • 26, 2007, the Bureau announced it was prepared to grant the Telesaurus Holdings GB, LLC (``Telesaurus'') applications upon full and timely payment. Upon further review, we find that the applications filed by Telesaurus, listed in Attachment A to this Public Notice, are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on April 11, 2007, (or by 6:00 p.m. ET on April 25, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically, licenses will be granted only after the full and timely payment of winning bids and any applicable late
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET April 11, 2007, deadline (or no later than 6:00 p.m. ET on April 25, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will deduct the amount of the tribal lands bidding credit from the eligible applicant's auction payments on deposit (including the final payment), and that amount will later be refunded to the payer of record as identified on FCC Form 159. and click
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  • 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 a Commission
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  • bidder listed in Attachment A must be received by the Commission within ten business days of the release date of this Public Notice (i.e., by April 12, 2007). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 26, 2007), provided that it also pays a late fee equal to
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  • out in the ``Final Balance Due By April 30, 2007 or (Refund)'' column of Attachment B. All winning bidders must pay the full amount of the final balance due shown in Attachment B by 6:00 p.m. ET on April 30, 2007 (or by 6:00 p.m. ET on May 14, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 301). Specifically, construction permits will be granted only after the full and timely payment of winning bids and any applicable
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  • 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 to a
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  • No. 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by April 26, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the April 26, 2007 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 10, 2007, provided that it also pays a late fee equal to five percent of the
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by April 26, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the April 26, 2007, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 10, 2007, provided that it also pays a late fee equal to five percent of the
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  • upon a preliminary review of the long-form applications, it was accepting for filing the applications for the winning bidders in Auction No. 66. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • days from the date of the ORDER. Debtor's failure to make complete timely payment will result in assessment of such charges permitted by 31 U.S.C. � 3717. For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). See Attachment A. 47 C.F.R. � 1.2104(g)(2). In Vibration, Inc. DA 07-1731 Federal Communications Commission Washington, D.C. 20554 2-XXXX DA 07-1731 April 16, 2007 h h h h h h gd gd h I J � � h h h gd ��`��gd gd gd gd h h h
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  • days from the date of the ORDER. Debtor's failure to make complete timely payment will result in assessment of such charges permitted by 31 U.S.C. � 3717. For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). See Attachment A. 47 C.F.R. � 1.2104(g)(2). Spearman Properties, LLC DA 07-1735 April 16, 2007 Federal Communications Commission Washington, D.C. 20554 2-XXXX DA 07-1735 April 16, 2007 h h h h h h gd gd h 8 9 � � h h h h h h h `��gd
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  • days from the date of the ORDER. Debtor's failure to make complete timely payment will result in assessment of such charges permitted by 31 U.S.C. � 3717. For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2). See Attachment A. 47 C.F.R. � 1.2104(g)(2). Huryan Family Media, LLC DA 07-1743 April 16, 2007 Federal Communications Commission Washington, D.C. 20554 2-XXXX DA 07-1743 April 16, 2007 h h h h h h � gd gd h H I � � � � h h h h
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  • No. 69). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and in conformance with the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • February 28, 2007, the Bureau announced it was prepared to grant the Westelcom Network, Inc. (``Westelcom'') application upon full and timely payment. Upon further review, we find that the application filed by Westelcom, listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • ``accepted'' in this public notice does not constitute a determination of the outcome of the waiver request. 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 a result of its participation in the auction. See generally 47 C.F.R. � 1.2109. See 47 C.F.R. �� 1.2105(b), 1.2106. See 47 C.F.R. �� 1.65, 1.2105(c)(6). Reexamination of the Comparative Standard for Noncommercial Educational Applicants, MM Docket No. 95-31, Second Report and Order, 18 FCC Rcd 6691, 6700 (2003), recons. pending. This procedure has been codified at 47 C.F.R. � 73.5002(b). See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Div., to
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  • 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 a Commission
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  • upon a preliminary review of the long-form applications, it was accepting for filing the applications for the winning bidders in Auction No. 66. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • 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 to a
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  • and thirty-four LMS licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of the winning bids, to Telesaurus Holdings GB, LLC. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by February 9, 2007). See 47 C.F.R. � 1.2109(a). If the winning bidder fails to pay the balance of its winning bids in a lump sum by February 9, 2007, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by February 26, 2007), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
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  • station in question, they also evidence a lack of intent by Kankakee to provide timely local FM service to Culver. Thus, none of the arguments presented merit our relieving Kankakee of its obligations pursuant to Sections 1.2107(b) and 73.5005(a) to have made the down payment on its winning bid and file its long-form application by the specified deadlines. Finally, Section 1.2109(b) of the Commission's rules provides that a winning bidder who fails to remit the required down payment within ten business days after the Commission has declared competitive bidding closed will be deemed to have defaulted, its application will be dismissed, and it will be liable for the applicable default payment obligations specified in 47 C.F.R. � 1.2104(g). Although we cannot
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  • Regarding Market No. B012, Order, 12 FCC Rcd 1549 (WTB 1997)). See Waiver and Reinstatement Request at 15-17 (citing Metricom, Inc.'s Request for Waiver for Section 27.208(a) of the Commission's rules for Wireless Communications Service Markets: ME30A, ME45A, ME46A, RE01D, RE05C, RE05D, RE06C, RE06D, Order, 13 FCC Rcd 890 (WTB 1998) (``Metricom''); LMDS Communications, Inc. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416, Order, 15 FCC Rcd 8618 (WTB 2000) (``LMDS'')). Southern MO&O, 15 FCC Rcd at 25,109-10 � 13. Id. at 25,109-10 �� 13-14. Id. at 25,110 � 14. Id. at 25,109-10 � 13. Id. at 25,110-111 � 15.
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  • No. 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by May 31, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the May 31, 2007 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by June 14, 2007, provided that it also pays a late fee equal to five percent of the
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on June 25, 2007, (or by 6:00 p.m. ET on July 10, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically, licenses will be granted only after the full and timely payment of winning bids and any applicable late
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET June 25, 2007, deadline (or no later than 6:00 p.m. ET on July 10, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will deduct the amount of the tribal lands bidding credit from the eligible applicant's auction payments on deposit (including the final payment), and that amount will later be refunded to the payer of record as identified on FCC Form 159. and click
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  • 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 a Commission
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  • to grant the licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids, to Golden Arrow Paging. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by February 14, 2007). See 47 C.F.R. � 1.2109(a). If the winning bidder listed on Attachment A fails to pay the balance of its winning bids in a lump sum by February 14, 2007, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by March 1, 2007), provided that it also pays a late fee equal to five percent of the amount
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit June 18, 2007 DA 07-2664 Mr. Marcus D. Jones President Owensville Communications, LLC 1102 Newit Vick Drive Vicksburg, MS 39183 Re: FM Broadcast Auction No. 37 - Request of Owensville Communications, LLC for Waiver of Section 1.2109(a) of the Commission's Rules Dear Mr. Jones: This letter addresses the request of Owensville Communications, LLC (``Owensville'') for waiver of Section 1.2109(a) of the Commission's rules, and refund of a late fee paid as a result of the late submission of Owensville's final payment to cover its winning bid for permit FM-266-A, Ipswich, South Dakota, in FM Broadcast Auction No.
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  • to Auction No. 72,'' submitted electronically by Warren C. Havens to Margaret Wiener, dated June 19, 2007. Id. See Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum, Order, 17 FCC Rcd 19746, 19749-50 � 7 (Wireless Telecomm. Bur. 2002) (explaining the two-phase auction process in detail). 47 C.F.R. �� 1.2105(a)(2)(ix), (x). See 47 C.F.R. � 1.2109(d). See also 47 C.F.R. �� 1.2109(c), 1.2104(g)(2), 1.2104(g )(3). Mr. Warren C. Havens June 19, 2007 Page 2 Federal Communications Commission Washington, D.C. 20554 � � h@ gd@ h@ � h@ � �1I�� ��(R)˶(c)� $ ��M���a �s�� tm�Ë���]��-|{��U��&�R|�bc)�'/ M�(c)���W��H�u-o·�gtm�������E�H���8ڶ�l ���x����۱�S "� ��tdrR�) ��-�� � ���% ���+�`` ��嬚)�"�F 3��HI�� 4���o�4����u|��K1_� �ӧ�1_BuW ���u�P�f�...�/`� �T �-�� ����N�wqU���u� ��$���oxnǾ ��XN�o GF-��"�t�/ F��[�T�ϰ ^�E �{"_0�3
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by July 16, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the July 16, 2007, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by July 30, 2007, provided that it also pays a late fee equal to five percent of the
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  • December 9, 2002, the Bureau announced that is was prepared to grant the WSS, LLC (``WSS'') application upon full and timely payment. Upon further review, we find that the application filed by WSS, listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on August 1, 2007, (or by 6:00 p.m. ET on August 15, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically, licenses will be granted only after the full and timely payment of winning bids and any applicable late
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET August 1, 2007, deadline (or no later than 6:00 p.m. ET on August 15, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will deduct the amount of the tribal lands bidding credit from the eligible applicant's auction payments on deposit (including the final payment), and that amount will later be refunded to the payer of record as identified on FCC Form 159. and click
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  • upon a preliminary review of the long-form applications, it was accepting for filing the applications for the winning bidders in Auction No. 66. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • 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 to a
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  • Spectrum Auction Anti-Collusion Rules,'' Public Notice, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). See Nevada Wireless Order, 13 FCC Rcd at 11978 � 13. See 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 7684, 7689
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by July 30, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the July 30, 2007 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by August 13, 2007, provided that it also pays a late fee equal to five percent of the
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  • (Auction No. 71). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • No. 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by August 8, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the August 8, 2007 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by August 22, 2007, provided that it also pays a late fee equal to five percent of the
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  • the ``exposure risk'' that is addressed by withdrawals and package bidding involves not only the risk that a bidder will win some, but not all, of a desired set of licenses, but also the risk that the bidder will have to pay more for the subset than those licenses alone are worth to the bidder. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. See 47 C.F.R. �� 1.2104(g) and 1.2109. See Section IV.C.5. ``Bid Amounts'' and Attachment C. 47 C.F.R. � 1.2110(f). Knowing the size of a small business bidding credit on an individual license may be necessary in order to calculate a small business bidding credit unjust enrichment obligation
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  • high bid for FM broadcast construction permit FM269 (Murdo, SD) in Auction No. 37. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, College Creek Broadcasting, Inc.'s funds on deposit will be applied to satisfy the interim default payment obligation. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form application of College Creek Broadcasting, Inc., File Number BNPH-20041230ACQ, is DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), College Creek Broadcasting, Inc. will be subject to a final default payment for its defaulted high bid for FM
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  • totaling $1,770.00 for its defaulted high bids for the licenses in Auction No. 40. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Golden Arrow Paging, Inc.'s funds on deposit will be applied to satisfy the interim default payment obligations. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. � 1.2109, the Form 601 long-form applications of Golden Arrow Paging, Inc., ULS File Numbers 0000730960, 0000730981, and 0000730994, are DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Golden Arrow Paging, Inc. will be subject to final default payments for its defaulted
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  • � � � � 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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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by September 18, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the September 18, 2007, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by October 2, 2007, provided that it also pays a late fee equal to five percent of the
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  • final default payments totaling $4,741,906.32. See Letter from Rita Cookmeyer to Michael A. Jimerson, 20 FCC Rcd. 10975 (June 23, 2005). The remaining license CW-BTA127-C1 did not receive a winning bid in Auction Nos. 58 or 71. The Commission will release an order addressing that default payment once the spectrum associated with the license is re-auctioned. 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). 47 C.F.R � 1.2104(g)(2) (2000). 47 C.F.R � 1.2104(g)(2) (2000). See Attachment A. 47 C.F.R. � 1.2104(g)(2) (2000). Michael A. Jimerson DA 07-3801 August 30, 2007 Federal Communications Commission Washington, D.C. 20554 2-XXXX h h h h gd gd h h h h r s � � � � � h gd gd ��`��gd gd gd
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  • This action is taken pursuant to authority delegated by Section 0.331 of the Commission's Rules, 47 C.F.R. � 0.331. Sincerely, Rita Cookmeyer Financial Policy Analyst Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: Frank Hannel See Auction of FM Broadcast Construction Permits Closes, Public Notice, DA 07-1437, 22 FCC Rcd. 6323 (2007), (``Closing Public Notice''). 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). See Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 70, AU Docket No. 06-170, Public Notice, 21 FCC Rcd 12957, 12997 � 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
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  • return receipt requested. This action is taken pursuant to authority delegated by Section 0.331 of the Commission's Rules, 47 C.F.R. � 0.331. Sincerely, Rita Cookmeyer Financial Policy Analyst Auctions and Spectrum Access Division Wireless Telecommunications Bureau See Auction of FM Broadcast Construction Permits Closes, Public Notice, DA 07-1437, 22 FCC Rcd. 6323 (2007) (``Closing Public Notice''). 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). See Auction of FM Broadcast Construction Permits Scheduled for March 7, 2007, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 70, AU Docket No. 06-170, Public Notice, 21 FCC Rcd 12957, 12997 � 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
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  • 94 Phase II 220 MHz Service licenses (Auction No. 72). After a preliminary review of the FCC long-form applications (FCC Form 601), five applications were accepted for filing. Upon further review, we find that the three applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • requested. This action is taken pursuant to authority delegated by Sections 0.283 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.283 and 0.331. Sincerely, Rita Cookmeyer Financial Policy Analyst Auctions and Spectrum Access Division Wireless Telecommunications Bureau See Lower and Upper Paging Bands Auction Closes; Winning Bidders Announced, Public Notice, 18 FCC Rcd 11154 (2003). 47 C.F.R. � 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2). Id. Id. Id. See Auction No. 48 Closing Public Notice. See Wireless Telecommunications Bureau Announces It is Prepared to Grant Upper and Lower Paging Band Licenses Upon Full and Timely Payment, DA 04-22, Public Notice, 19 FCC Rcd. 168 (2004). See id. at Attachment A. 47 C.F.R. �� 1.2104(g)(2), 1.2109(c). 47 C.F.R. � 1.2104(g)(2). See 47
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  • BEA141, but it did meet its final payment obligation for the FM-block license in BEA141. Upon further review, we find that, in regard to the FM-block license, the application filed by Colorado CallComm, listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the FM-block license in BEA141 listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the FM-block license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will
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  • 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 � 12
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  • � 186. 700 MHz Second Report and Order at � 508 . Id. We remind parties that failure to comply with a decision by the Commission or the Bureaus on the disputed issues, as well as certain other failures, will be deemed a default and the D Block winning bidder will be subject to all payments and obligations under Section 1.2109 of the Commission's rules. 700 MHz Second Report and Order at � 511; 47 C.F.R. � 1.2109. 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 ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6�
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  • winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by December 3, 2007). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by December 17, 2007), provided that it also pays a late fee equal to
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  • 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 to a
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  • 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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  • application for the licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of the winning bids, to Westelcom Network, Inc. (Westelcom''). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 14, 2007). See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bids in a lump sum by March 14, 2007, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by March 28, 2007), provided that it also pays a late fee equal to five percent of the amount
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit j j . R j j j j Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Radio Layne, LLC, Request for Waiver of Section 1.2109 of the Commission's Rules ) ) ) ) MEMORANDUM OPINION AND Order Adopted: February 7, 2007 Released: February 7, 2007 By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: INTRODUCTION By this Order, we grant a partial waiver of Section 1.2109 of the Commission's rules to Radio Layne, LLC (``Radio Layne''), the winning bidder for FM broadcast construction
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Silver Palm Communications, Inc. ) ) ) ) Order Adopted: February 16, 2007 Released: February 16, 2007 By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: INTRODUCTION In this Order, we deny a request for waiver of Section 1.2109 of the Commission's rules, 47 C.F.R. � 1.2109, filed by Silver Palm Communications, Inc. (``Silver Palm''), the winner of ten 800 MHz Specialized Mobile Radio (``SMR'') licenses in Auction No. 34 (the ``Licenses''). Silver Palm paid the required down payments on the Licenses but subsequently failed to pay the remaining balance of its winning bids by the payment deadline. Silver
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  • 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 event that
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  • upon a preliminary review of the long-form applications, it was accepting for filing the applications for the winning bidders in Auction No. 66. Upon further review and examination, the applications listed in Attachment A have been found to be complete and in conformance with the Commission's rules. Furthermore, the Commission has received full and timely payment as required by section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A, and there are no petitions to deny or other requests pending that would prevent grant of the licenses. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. �
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 Requests for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section 1.2109(b) of the Commission's Rules ) ) ) ) ) ) ) FCC Auction Nos. 37 and 62 MEMORANDUM OPINION AND ORDER Adopted: February 27, 2007 Released: February 27, 2007 By the Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau: I. INTRODUCTION The Auctions and Spectrum Access Division
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  • Federal Communications Commission Washington, D.C. 20554 In the Matter of PCS Partners, L.P., Petition for Waiver and Request for Refund ) ) ) ) ) ) ORDER Adopted: March 1, 2007 Released: March 1, 2007 By the Chief, Wireless Telecommunications Bureau: Introduction By this Order, we deny the request of PCS Partners, L.P. (``PCS Partners'') for a waiver of Section 1.2109(a) of the Commission's rules, which required PCS Partners to pay the outstanding balance of its winning bids for 32 Multilateration Location and Monitoring Service (``MLMS'') licenses it won at auction (the ``Licenses''). Section 1.2109(a) of the Commission's rules requires a winning bidder to pay the balance of its winning bids by the established deadline or within ten days after the
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  • out in the ``Final Balance Due By February 23, 2007 or (Refund)'' column of Attachment B. All winning bidders must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on February 23, 2007 (or by 6:00 p.m. ET on March 9, 2007, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 301). Specifically, construction permits will be granted only after the full and timely payment of winning bids and any applicable
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  • ``Information Available to Bidders Before and During Auctions,'' below. 47 C.F.R. � 1.2105(c)(7)(i). ``Wireless Telecommunications 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 11,978 � 13. Memorandum Opinion and Order, 9 FCC Rcd at 7689 � 12. 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, 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 and Order, 9 FCC Rcd at 7689
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1108A1.pdf
  • of payments made by successful bidders towards their respective winning bids for licenses for recovered analog spectrumas of the June 30, 2008, deposit deadline, even if that date occurs before conclusion of the licensing process. Because the Commission's rules provide for the collection of all the required payments from winning bidders before completing the licensing process (See 47 C.F.R. � 1.2109), the June 30, 2008, statutory deadline for depositing auction proceeds does not conflict with or otherwise affect any of the Commission's regulatory provisions that might extend final licensing beyond June 30, 2008. B. 700 MHz Public Safety Spectrum 1. Band Plan The Commission has adopted a revised band plan for the 700 MHz Public Safety Band by: designating the lower
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  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2��
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  • 20 FCC Rcd at 19,996 Attachment C. Division Letter, supra note 2. Petition at 1 Id. at 2, 4. Id. at 2, 4-5. Id. at 5-7, Exhibit 1. Id. at 2. 47 C.F.R. � 1.106(a)(1). See also Peninsula Communications, Inc., Forfeiture Order, 17 FCC Rcd 2832, 2832 � 1 n.3 (2002) (``Peninsula''). Petition at 1. See, e.g., 47 C.F.R. � 1.2109(d); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374, 466 � 161 (1998); Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2388 � 226 (1994); Auction of FM Broadcast Construction Permits
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  • out in the ``Final Balance Due By July 17, 2008 or (Refund)'' column of Attachment B. The winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on July 17, 2008, (or by 6:00 p.m. ET on July 31, 2008, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of the winning bid and any applicable late fees must be made in accordance with Section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long-form application (FCC Form 601). Specifically, the license will be granted only after the full and timely payment of
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  • (Auction No. 73). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • 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 entitlement to
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  • of the service involved. In addition, we do not accept the Joint Parties' claim that the Commission could have avoided selling the permits in question for substantially less than their withdrawn bids if it had awarded the permits to the next highest bidders in Auction No. 37. According to the Joint Parties, the Commission could have done this under Section 1.2109(b) of its rules. The Joint Parties acknowledge that Section 1.2109(b) applies to winning bidders that withdraw bids after the close of an auction or fail to remit their required down payments on time, but they assert that this ``does not seem to preclude the FCC from awarding a permit to the next highest bidder when a high bid is withdrawn
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  • Auction No. 64 winning bidder listed above must be received by the Commission within ten business days of the release date of this Public Notice (i.e., by July 29, 2008). The Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by August 12, 2008), provided that it also pays a late fee equal to
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by August 1, 2008. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the August 1, 2008, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by August 15, 2008, provided that it also pays a late fee equal to five percent of the
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  • 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 a Commission
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  • for broadcast station construction permits had been filed prior to submission of short-forms, Commission would not consider, prior to the auction, petitions to deny already filed against applicants). We note that in the pending Auction 71 Petition to Deny, AST's request that ASTCA be prohibited from future participation in Commission auctions is based on the language of 47 C.F.R. � 1.2109(d). However, that rule provides the Commission discretion to impose such a sanction on bidders who ``are found to have violated'' a Commission rule in connection with their auction participation. The Commission has made no finding with respect to the allegations in the Auction 71 Petition to Deny. Gregory W. Whiteaker, Esq. August 8, 2008 Federal Communications Commission Washington, D.C. 20554
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  • 77) On June 17, 2008, the Federal Communications Commission completed the closed auction that resolved mutually exclusive applications for one unserved service area license in the Cellular Radiotelephone Service (Auction No. 77). We find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • defaulted high bid for FM broadcast construction permit FM226 in Auction 37. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Walton Stations - New Mexico, Inc.'s funds on deposit will be applied to satisfy the interim default payment obligation. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form application of Walton Stations - New Mexico, Inc., File Number BNPH-20041221ABA, is DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Walton Stations - New Mexico, Inc. will be subject to a final default payment for the defaulted
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  • 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 7684, 7689
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on September 23, 2008 (or by 6:00 p.m. ET on October 7, 2008, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically, licenses will be granted only after the full and timely payment of winning bids
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET September 23, 2008, deadline (or no later than 6:00 p.m. ET on October 7, 2008, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. and click on ``Tribal Lands Credits,'' then click on ``Cross References.'' Additional information regarding tribal lands bidding credits is available at the above-referenced website. For additional information
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  • 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 or of
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  • 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 winning bidder that ``fails to remit the balance of its winning bid in a timely manner . . . will be deemed to have defaulted (and) its application will be dismissed . . . .'' Accordingly, SAI is considered to be in default on license CMA663-B for which it was the high bidder in
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  • 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 in a timely manner . . . will be deemed to have defaulted (and) its application will be dismissed . . . .''. Accordingly, VentureTel is considered to be in default on the seven licenses for which it was the high bidder
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  • No. 62 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by November 4, 2008. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the November 4, 2008, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by November 19, 2008, provided that it also pays a late fee equal to five percent of the
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  • 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 event that
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  • out in the ``Final Balance Due By December 15, 2008 or (Refund)'' column of Attachment B. All winning bidders must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on December 15, 2008 (or by 6:00 p.m. ET on December 30, 2008, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form applications (FCC Forms 301-CA or 346). Specifically, permits will be granted only after the full and timely payment of
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  • (Auction No. 73). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • You timely submitted your long-form application. The application was processed by staff and on May 17, 2006, the Media Bureau issued a Public Notice stating that it was prepared to grant your long-form application following timely payment of the remaining balance of your winning bid for MX Group 141. You failed to remit the balance of your winning bid. Section 1.2109(c) of the Commission's Rules (``Rules'') provides that a winning bidder that ``fails to remit the balance of its winning bid in a timely manner . . . will be deemed to have defaulted (and) its application will be dismissed . . . . `` Because you defaulted on your winning bid for MX Group 141, your application is dismissed. In
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  • $7,254.00 for the defaulted high bid for FM broadcast construction permit FM411-C2 in Auction 62. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Eric P. Reier's funds on deposit will be applied to satisfy the interim default payment obligation. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form application of Eric P. Reier, File Number BNPH-20060309ACE, is DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Eric P. Reier will be subject to a final default payment for the defaulted high bid for FM broadcast construction
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  • and $877.50 for the defaulted high bid for FM broadcast construction permit FM407-C2 in Auction 62. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Mary Vargas' funds on deposit will be applied to satisfy the interim default payment obligations. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form applications of Mary Vargas, File Numbers BNPH-20060310ADR and BNPH-2006310ADS, are DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Mary Vargas will be subject to final default payments for the defaulted high bids for FM broadcast construction permits
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by March 4, 2008. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the March 4, 2008, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by March 18, 2008, provided that it also pays a late fee equal to five percent of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit $ DA 08-40 Adopted: January 4, 2008 Released: January 7, 2008 Walter Iwachiw 48-39 41 Street Sunnyside, New York 11104 Re: World Network International Services, Inc. - Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Dear Mr. Iwachiw: This letter responds to the Petition for Waiver - Expedited Action Requested submitted on January 2, 2008, by you on behalf of Word Network International Services Inc. (``WNIS'') in connection with WNIS's application to participate in Auction 73. The Petition requests a waiver of Commission auction rules requiring (1) that each applicant make
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  • procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section V.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 37 (concerning rounding), above. See Section V.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning bid or any of the intervening
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  • Service licenses (Auction No. 72). After a preliminary review of the FCC long-form applications (FCC Form 601), five applications were accepted for filing. Upon further review, we find that the application filed by AMTS Consortium LLC (``AMTS'') listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on April 17, 2008, (or by 6:00 p.m. ET on May 1, 2008, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically, licenses will be granted only after the full and timely payment of winning bids
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET April 17, 2008, deadline (or no later than 6:00 p.m. ET on May 1, 2008, along with the five percent late fee required by section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. and click on ``Tribal Lands Credits,'' then click on ``Cross References.'' Additional information regarding tribal lands bidding credits is available at the above-referenced website. For additional information
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  • discretion to alter its standard rounding procedure to avoid the possibility that the minimum acceptable bid duplicates the provisionally winning bid. In the event of duplicate bid amounts due to rounding, the FCC Auction System will omit the duplicates and will list fewer acceptable bid amounts for the license. See Section III.C.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning bid
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  • No. 37 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by April 21, 2008. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the April 21, 2008, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 5, 2008, provided that it also pays a late fee equal to five percent of the
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  • bidder only conditionally, until resolution of issues relating to its short-form application certification, which 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
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by May 5, 2008. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the May 5, 2008, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 19, 2008, provided that it also pays a late fee equal to five percent of the
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  • 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 � 12
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  • Band'') (Auction 73). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • MHz Band") (Auction 73).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,4for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.5We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience, and
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  • (``AWS-1'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • ("AWS-1") (Auction 78).1 After a preliminary review of the FCC long- form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.5We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience, and
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  • PCS'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • Service ("Broadband PCS") (Auction 78).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that theapplications listed in Attachment A are complete and conform to the Commission's rules.3Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,4for the licenses listed in Attachment A.5 Accordingly, by thisPublic Notice, we announce the grant of the licenses listed in Attachment A.6We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience, and necessity.
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  • The Bureau is prepared to grant the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by June 18, 2009). See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) in a lump sum by June 18, 2009, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 2, 2009), provided that it also pays a late fee equal to five percent of the amount
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  • No. 49.1The Bureau is prepared to grant the licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e.,by June 18, 2009). See 47 C.F.R. � 1.2109(a). If the winning bidder listed in Attachment A fails to pay the balance of its winning bid(s) in a lump sum by June 18, 2009, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 2, 2009), providedthat it also pays a late fee equal to five percent of the amount due.
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  • Available to Bidders Before and During the Auction,'' below. 47 C.F.R. � 1.2105(c)(7)(i). ``Wireless Telecommunications 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 11,978 � 13. Memorandum Opinion and Order, 9 FCC Rcd at 7689 � 12. 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, 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 and Order, 9 FCC Rcd at 7689
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  • 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 � 12 (1994)
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  • of God Fellowship, Inc. will be subject to a final default payment for its defaulted high bids during Auction 64 for the full power television construction permits in Apalachicola, Florida and Medical Lake, Washington, once the spectrum associated with those construction permits is re-auctioned and the full default payment amounts is determined. IT IS FURTHER ORDERED that, pursuant to Section 1.2109(c) of the Commission's rules, 47 C.F.R. � 1.2109(c), applications FCC File Nos. BNPCDT-20060424ABV and BNPCDT-20060424ADL, filed by Word of God Fellowship, Inc. on April 24, 2006, are DISMISSED. IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority delegated by Section
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  • subsequent winning bid, whichever is less.13If either bid amount is 6Implementation of 309(j) of the Communications Act �Competitive Bidding for Commercial Broadcast and Instructional 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
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  • as computed in Attachment B for its defaulted high bids for licenses BEA093FI, BEA094FI, BEA098FI in Auction 40. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. �� 1.2104 and 1.2106, Ozark Paging, LLC's interim payments or funds on deposit will be applied towards the interim and final default payments. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. � 1.2109(c), the long-form applications of Ozark Paging, LLC, File Numbers 0000711219 and 0000711254, are DISMISSED. IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority delegated by Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. Sincerely, Margaret W. Wiener Chief,
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  • to be set by the Commission prior to the auction. See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Report and Order, FCC 06-4, 21 FCC Rcd 891, 903-04 � 31 (2006). 6 47 C.F.R . � 1.2106(d) and (e). 7 47 C.F.R. � 1.2104(g)(1). 8 Id. 9 47 C.F.R. �� 1.2109(b), 1.2104(g)(2). 10 47 C.F.R. � 1.2104(g)(2). 11 Id. This rule was modified in 2006 and now provides for an additional default payment of betweenthree and 20 percent, with the specific percentage to be set by the Commission prior to the auction. See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Report
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  • 49) application of KM Communications, Inc. ("KM Communications") upon full and timely payment of the remaining balance of its winning bids.1 Upon further review, we find that the application filed by KM Communications, listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,2 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses, pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's rules,3 because it will service the public interest, convenience, and necessity. This
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  • 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 to hold
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  • 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 its
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  • 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 process. In
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  • 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 to hold
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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. 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 license
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  • out in the ``Final Balance Due By October 19, 2009 or (Refund)'' column of Attachment B. All winning bidders must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on October 19, 2009 (or by 6:00 p.m. ET on November 2, 2009, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with Section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form applications (FCC Form 301). Specifically, construction permits will be granted only after the full and timely payment of winning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2063A1_Rcd.pdf
  • set out in the "Final Balance Due By October 19, 2009 or (Refund)" column of Attachment B. All winning bidders must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on October 19, 2009(or by 6:00 p.m. ET on November 2, 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 Commission's rules and must occur before action will be taken upon a winning bidder's long-form applications (FCC Form 301).6Specifically, construction permits will be granted only after the full and timely payment of winning bids and
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  • 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 applicant is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2169A1_Rcd.pdf
  • 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 found
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  • No. 62 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by March 2, 2009. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the March 2, 2009, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by March 16, 2009, provided that it also pays a late fee equal to five percent of the
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  • column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance 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). Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically, licenses will be granted only after the full and timely payment of winning bids
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1_Rcd.pdf
  • (Refund)" column of Attachment B. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance 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)
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  • 1.2110(f)(3). All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET December 8, 2009, deadline (or no later than 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). If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. and click on ``Tribal Lands Credits,'' then click on ``Cross References.'' Additional information regarding tribal lands bidding credits is available at the above-referenced website. For additional information
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A6_Rcd.pdf
  • All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET December 8, 2009, deadline (or no later than 6:00 p.m. ET on December 22, 2009, along with the five percent late fee 13601 required by Section 1.2109(a) of the Commission's rules).26 If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. For a list of the tribal lands in each geographic area, go to the Auction Website at http://wireless.fcc.gov/auctionsand click on "Tribal Lands Credits," then click on "Cross
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  • Commission's standard rounding procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section III.C.8. ``Bid Withdrawal,'' below. See note 30 (concerning rounding), above. See Section III.C.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). See 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2416A1_Rcd.pdf
  • should be allowed to withdraw provisionally winning bids in more than one round during the course of the auction, or should not be permitted to withdraw any bids, they should state how many bid withdrawal rounds they seek and explain what specific factors lead them to that conclusion. 33See Section III.C.2. "Activity Rule," above. 34 47 C.F.R. �� 1.2104(g) and 1.2109. 35Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. 36Id. 37See47 C.F.R. � 1.2104(g). 6166 D.Post-Auction Procedures 1. Establishing the Interim Withdrawal Payment Percentage 54.We seek comment on the appropriate percentage of a withdrawn bid that should be assessed as an interim withdrawal payment in the event that a final withdrawal payment cannot be determined at
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  • FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications filed by Continuum 700 LLC, listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2424A1_Rcd.pdf
  • FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications filed by Continuum 700 LLC, listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • PCS'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • Service ("Broadband PCS") (Auction 78).1 After a preliminary review of the FCC long-formapplications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules.3Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4forthe license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience, and
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  • long-form application (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application filed by King Street Wireless, L.P., listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • long-form application (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application filed by King Street Wireless, L.P., listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience,
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  • Band'') (Auction 73). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section III.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 24 (concerning rounding), above. See Section III.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning bid or any of the intervening
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  • 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 that materials
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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"). 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 communications pursuant
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  • the duplicates and will list fewer acceptable bid amounts for the license. See Section III.B.8. ``Bid Withdrawal,'' below. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See note 28 (concerning rounding), above. See Section III.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). See 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning
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  • procedures.48 53.For Auction 86, we propose to limit each bidder to withdrawing provisionally winning bids in only one round during the course of the auction. To permit a bidder to withdraw bids in more than one round may encourage insincere bidding or the use of withdrawals for anti-competitive purposes. The 45SeeSection III.B.2. "Activity Rule," above. 4647 C.F.R. �� 1.2104(g) and 1.2109. 47Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. 48Id. 4616 round in which withdrawals may be used will be at the bidder's discretion, and there is no limit on the number of provisionally winning bids that may be withdrawn during that round. Withdrawals must be in accordance with the Commission's rules, including the bid withdrawal
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  • (Auction No. 73). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • the FCC long-form applications (FCC Form 601), five applications were accepted for filing. Upon further review, and disposition of issues raised in a petition to deny, we find that the application filed by Cornerstone SMR, Inc. (``Cornerstone'') listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • review of the FCC long-form applications (FCC Form 601), five applications were accepted for filing.2 Upon further review, and disposition of issues raised in a petition to deny,3we find that the application filed by Cornerstone SMR, Inc.("Cornerstone") listed in Attachment A is complete and conforms to the Commission's rules.4 Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,5for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience,
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  • 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 recently amended
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  • 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) of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Silver Palm Communications, Inc. Request for Waiver of Section 1.2109(a) Final Payment Deadline for Winning Bids in Auction 34 ) ) ) ) ) ) ) Order ON RECONSIDERATION Adopted: June 23, 2010 Released: June 23, 2010 By the Chief, Wireless Telecommunications Bureau: INTRODUCTION This Order denies a request by Silver Palm Communications, Inc. (``Silver Palm'') for reconsideration of a Division-level Order declining to grant Silver Palm a waiver of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 10-1125 Beforethe FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Silver Palm Communications, Inc. Request for Waiver of Section 1.2109(a) Final Payment Deadline for Winning Bids in Auction 34 ))))))) ORDER ON RECONSIDERATION Adopted: June 23, 2010 Released: June 23, 2010 By the Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. This Order denies a request by Silver Palm Communications, Inc. ("Silver Palm") for reconsideration of a Division-level Order declining to grant Silver Palm a waiver of the final payment deadline
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  • procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section VII.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 31 (concerning rounding), above. See Section VII.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. See Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150 (explaining that a bid withdrawal could facilitate the efficient aggregation of licenses and the pursuit of license switching bidding backup strategies as information becomes available during the course of an auction). 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or
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  • noted that in some instances bidders may seek to withdraw bids for improper purposes. Based on this Commission guidance, on the experience of the Bureaus with past broadcast auctions, and on the potential for delays in providing broadcast service to the public, for this auction the Bureaus propose to prohibit 34SeeSection VII.B.2. "Activity Rule," above. 3547 C.F.R. �� 1.2104(g) and 1.2109. 36See Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150 (explaining that a bid withdrawal could facilitate the efficient aggregation of licenses and the pursuit of license switching bidding backup strategies as information becomes available during the course of an auction). 888 bidders from withdrawing any bids after the round has closed in which bids were
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  • 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 application process.
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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 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 3.In
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  • rounding procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section V.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 27 (concerning rounding), above. See Section V.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. See also Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, FCC 06-4, Report and Order, 21 FCC Rcd 891, 902-03 � 29, 904 n.57 (2006) (``CSEA/Part 1 Report and Order'') (``[T]here have been
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  • bids for improper reasons.33The Bureaus, therefore, have discretion in managing the auction to limit the number of withdrawals to prevent any bidding abuses. The Commission stated that the Bureaus should exercise their discretion, consider limiting the number of rounds in which bidders may withdraw bids, and prevent bidders from bidding on 30SeeSection V.B.2. "Activity Rule," above. 3147 C.F.R. �� 1.2104(g), 1.2109. 32See Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. 33See alsoImplementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, FCC 06-4, Report and Order, 21 FCC Rcd 891, 902-03 � 29, 904 n.57 (2006) ("CSEA/Part 1 Report and Order") ("[T]here have been adisproportionate
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  • 26, 2010 or (Refund)'' column of Attachment B by 6:00 p.m. ET on August 26, 2010. Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on August 26, 2010 (or by 6:00 p.m. ET on September 10, 2010, along with the five percent late fee required by section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 301 or 349). Specifically, construction permits will be granted only after the full and timely payment
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  • Due By August 26, 2010 or (Refund)" column of Attachment B by 6:00 p.m. ET on August 26, 2010.5Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on August 26, 2010(or by 6:00 p.m. ET on September 10, 2010,along with the five percent late fee required by section 1.2109(a) of the Commission's rules).6Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 301 or 349).7 Specifically, construction permits will be granted only after the full and timely payment of
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  • out in the ``Final Balance Due by Sep 10, 2010 or (Refund)'' column of Attachment B. Each winning bidder must pay the full amount of the final balance due shown in Attachment B by 6:00 p.m. ET on September 10, 2010 (or by 6:00 p.m. ET on September 24, 2010, along with the five percent late fee required by section 1.2109(a) of the Commission's rules), even if the winning bidder plans to apply for a tribal lands bidding credit. Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically,
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  • 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 Attachment B. Each winning bidder must pay the full amount of the final balance due shown in Attachment B by 6:00 p.m. ET on September 10, 2010(or by6:00 p.m. ET on September 24, 2010, along with the five percent late fee required by section 1.2109(a) of the Commission's rules), even if the winning bidder plans to
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  • box. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET September 10, 2010, deadline (or no later than 6:00 p.m. ET on September 24, 2010, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. and click on ``Tribal Lands Credits,'' then click on ``Cross References.'' Additional information regarding tribal lands bidding credits is available at the above-referenced website. For additional information
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  • box.43 All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET September 10, 2010, deadline (or no later than 6:00 p.m. ET on September 24, 2010, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules).44 If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. For a list of the tribal lands in each geographic area, go to the Auction Website at http://wireless.fcc.gov/auctionsand click on "Tribal Lands Credits," then click on "Cross
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  • MHz bands (``BRS''). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • MHz bands ("BRS").1 After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. �0.331, because it will serve the public interest, convenience, and
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  • rounding procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section IV.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 25 (concerning rounding), above. See Section IV.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Third Report and Order, 13 FCC Rcd at 458-60 � 148-50. After stating a few paragraphs later that allowing bid withdrawals facilitates efficient aggregation of licenses and construction permits and the pursuit of backup strategies as information becomes available during the course of an auction, the Commission immediately again noted that in some instances bidders may seek
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  • same or a subsequent auction.33However, if a construction permit for which a bid has been withdrawn does not receive a subsequent higher bid or winning bid in the same auction, the final withdrawal payment cannot be calculated until a corresponding construction permit receives a higher bid or winning bid in a subsequent auction. When that final 2947 C.F.R. �� 1.2104(g), 1.2109. 30See Part 1 Third Report and Order, 13 FCC Rcd at 458-60 � 148-50. After stating a few paragraphs later that allowing bid withdrawals facilitates efficient aggregation of licenses and construction permits and the pursuit of backup strategies as information becomes available during the course of an auction, the Commission immediately again noted that in some instances bidders may seek
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  • 98-203, 13 FCC Rcd 23,755, 23,760 � 11 (1998). See Section IV.A.2. ``Information Available to Bidders Before and During the Auction,'' below. 47 C.F.R. � 1.2105(c)(7)(i). See, generally, Anti-Collusion Public Notice. Nevada Wireless Order, 13 FCC Rcd at 11,978 � 13. Competitive Bidding Memorandum Opinion and Order, 9 FCC Rcd at 7689 � 12. 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, FCC 99-384, 14 FCC Rcd 21,558, 21,560 � 4 (1999) citing Competitive Bidding Memorandum Opinion and Order at 7689 � 12 (``[W]e wish to emphasize that all applicants and their owners continue to be subject to existing
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  • 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 laws.41 For
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  • 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 and Order,
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  • 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 1.65 of
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  • Bands (Auction 87).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3 Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,4 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • Bands (Auction 87).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3 Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,4 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • 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 and Order,
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  • 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 and Order,
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  • U.S. Bank, St. Louis, Missouri at (314) 418-4232 at least one hour before initiating the wire transfer (but on the same business day). For questions regarding the submission of 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:
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  • the Commission's rules,2TPS owes a default payment, which is a debt owed to the United States.3In 2001 the Commission assessed TPS a total initial default payment of $414,510, from 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:
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  • (2000)(\'93}{\rtlch\fcs1 \af0 \ltrch\fcs0 \i Sacramento-Yolo, CA Order,}{\rtlch\fcs1 \af0 \ltrch\fcs0 \'94 collectively, the \'93}{ \rtlch\fcs1 \af0 \ltrch\fcs0 \i Orders}{\rtlch\fcs1 \af0 \ltrch\fcs0 \'94). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 Thus, pursuant to the Commission\rquote s rules,}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs24\fs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s22\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs24\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R. \'a7\'a7 1.2104(g)(2), 1.2109(b). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 Metro-Trak owes a default payment, which is a debt owed to the United States.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs24\fs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s22\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs24\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 31 U.S.C. \'a7 3701(b)(1). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 In 2000, the Commission assessed Metro-Trak initial default payments
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  • LLC, For Multilateration Location and Monitoring Service Auction License �BEA 107C, Minneapolis-St. Paul, MN-WI-IA, Order, 15 FCC Rcd 13365 (2000)("Minneapolis- St. Paul, MN-WI-IA Order") and Metro-Trak, LLC, Request for Extension of Final Payment Deadline for Multilateration Location and Monitoring Service Auction License �BEA164C, Sacramento-Yolo, CA, Order, 15 FCC Rcd 13370 (2000)("Sacramento-Yolo, CA Order," collectively, the "Orders"). 247 C.F.R. �� 1.2104(g)(2), 1.2109(b). 331 U.S.C. � 3701(b)(1). 447 C.F.R. � 1.2104(g)(2). See also Minneapolis-St. Paul, MN-WI-IA Order, 15 FCC Rcd at 13367 and Sacramento-Yolo, CA Order, 15 FCC Rcd at 13374. 16918 Metro-Trak, LLC DA 10-2275 December 1, 2010 winning bids,5the Commission is now able to calculate Metro-Trak's final default payment obligation with respect to the licenses.6 Under the Commission's rules, at the
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  • at 0. Results are rounded using the Commission's standard rounding procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See note 25 (concerning rounding), above. See Section IV.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). See also 47 C.F.R. � 1.2109 See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, FCC 06-4, Report and Order, 21 FCC Rcd 891, 902-903 � 29, 904
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  • of the withdrawn bid and the amount of the winning bid in the same or subsequent auction(s).33 If a bid is withdrawn and no subsequent higher bid is placed and/or the license is not won in the same auction, the final withdrawal payment cannot be calculated until after the close of a subsequent auction in 28 47 C.F.R. �� 1.2104(g), 1.2109. 29Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. 30Id. 31See47 C.F.R. � 1.2104(g). See also 47 C.F.R. � 1.2109 32See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, FCC 06-4, Report and Order, 21 FCC Rcd 891, 902-903 � 29, 904 n.57
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  • (``AWS'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-252A1_Rcd.pdf
  • ("AWS") (Auction 78).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.4We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-257A1_Rcd.pdf
  • PCS") (Auction 78).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.4 We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • a bidding credit, the three percent will be calculated using the same bid amounts and basis (net or gross bids) as in the first component of the default payment. In the event that the subsequent winning bid is greater than or equal to the defaulted bid, the total default payment is equal to three percent of the defaulted bid. Section 1.2109(b) of the Commission's rules provides that a winning bidder who fails to remit the required down payment within ten business days after the Commission has declared competitive bidding closed will be deemed to have defaulted, its application will be dismissed, and it will be liable for the applicable default payment obligations specified in 47 C.F.R. � 1.2104(g). Although we cannot
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-267A1_Rcd.pdf
  • Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau to Gregory M. Schmidt, Vice-President, Banks Broadcasting, Inc. and Jonathan D. Blake, Counsel to Banks Broadcasting, Inc., 18 FCC Rcd 10431, 10434-36 (2003) (rejecting claim that public interest would be served by offering unsold licenses to auction's second-highest bidder rather than re-auctioning them). 5147 C.F.R. �� 1.2109(b), 1.2104(g)(2). 1445 Federal Communications Commission DA 10-267 Commission (in the event the subsequent winning bid is less than the defaulted bid).52The second component is an additional payment, which at the time of Mr. Austin's default was equal to three percent of the defaulter's bid, or of the subsequent winning bid, whichever is less.53If either bid amount is subject to a
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  • 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 and Order,
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  • 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 any obligations
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  • 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 a
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  • will announce by further public notice that the Commission is prepared to award licenses. The winning bidder will be required to pay the balance of its winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant its respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-617A1_Rcd.pdf
  • will announce by further public notice that the Commission is prepared to award licenses. The winning bidder will be required to pay the balance of its winning bids in a lump sum payment within ten (10) business days following the release of the public notice announcing that the Commission is prepared to grant its respective licenses. See 47 C.F.R. � 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
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  • ``Auction of Broadband Radio Service (BRS) Licenses Scheduled for October 27, 2009; Comment Sought on Competitive Bidding Procedures For Auction 86,'' Public Notice, DA 09-843, 24 FCC Rcd 4605 (2009) (Auction 86 Comment Public Notice). Neither Lazy Eight nor any other entity objected to inclusion of a Hilo, Hawaii license in the inventory for Auction 86. See 47 C.F.R �� 1.2109 and 1.2104(g)(2). Refunds will be processed via ACH credits. ACH is a domestic funds transfer system providing an electronic parallel to the Federal Reserve check clearing system. ACH is governed by the Rules of the National Automated Clearing House Association. Generally, speaking, an ACH is an instrument for moving money electronically from one participating financial institution to another. Robert W.
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  • of Broadband Radio Service (BRS) Licenses Scheduled for October 27, 2009; Comment Sought on Competitive Bidding Procedures For Auction 86," Public Notice, DA 09- 843, 24 FCC Rcd 4605 (2009) (Auction 86 Comment Public Notice). Neither Lazy Eight nor any other entity objected to inclusion of a Hilo, Hawaii license in the inventory for Auction 86. 7 See47 C.F.R �� 1.2109 and 1.2104(g)(2). 3844 Robert W. Card DA 10-671 April 22, 2010 ITIS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail, return receipt requested. This action is taken pursuant to authority delegated by Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. Sincerely, Margaret W. Wiener Chief, Auctions and Spectrum Access
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  • MHz bands (``BRS''). After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing. Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-837A1_Rcd.pdf
  • MHz bands ("BRS").1 After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience,
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  • acceptable bid amounts for the license. See Section III.C.8. ``Bid Withdrawal,'' below. For Round 1 calculations, because there is no prior round (i.e., no round 0), the activity index from the prior round is set at 0. See note 37 (concerning rounding), above. See note 37 (concerning rounding), above. See Section III.C.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g) and 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. Id. See 47 C.F.R. � 1.2104(g). See 47 C.F.R. � 1.2104(g)(1). The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. No withdrawal payment is assessed for a withdrawn bid if either the subsequent winning
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  • in accordance with the Commission's rules, and are subject to the bid withdrawal payment provisions specified in section 1.2104(g).49 The Bureau seeks comment on these bid withdrawal procedures. If commenters believe that each bidder should be allowed to withdraw provisionally winning bids in more than one round during 45See Section III.C.2. "Activity Rule," above. 46 47 C.F.R. �� 1.2104(g) and 1.2109. 47Part 1 Third Report and Order, 13 FCC Rcd at 459-60 � 150. 48Id. 49See47 C.F.R. � 1.2104(g). 5312 the course of the auction, or should not be permitted to withdraw any bids, they should state how many bid withdrawal rounds they seek and explain what specific factors lead them to that conclusion. D. Post-Auction Procedures 1. Establishing the Interim
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  • 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 applicant is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-863A1_Rcd.pdf
  • 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 found
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-940A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-940A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-940A1.txt
  • MHz bands (``BRS''). After a preliminary review of the FCC long-form application (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-940A1_Rcd.pdf
  • MHz bands ("BRS").1 After a preliminary review of the FCC long-form application (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience,
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  • 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 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 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 Public
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  • licenses (Auction 71). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • licenses (Auction 71).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience,
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  • PCS'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-117A1_Rcd.pdf
  • ("Broadband PCS") (Auction 78).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules.3Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,4for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.5We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules,47 C.F.R. � 0.331, because it will serve the public interest, convenience, and necessity.6
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-121A1.txt
  • (``AWS-1'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-121A1_Rcd.pdf
  • ("AWS-1") (Auction 78).1 After a preliminary review of the FCC long- form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules.3Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.5We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve thepublic interest, convenience, and necessity.6
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1.txt
  • out in the ``Final Balance Due by August 25, 2011 or (Refund)'' column of Attachment B. Each 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 with the five percent late fee required by section 1.2109(a) of the Commission's rules), even if the winning bidder plans to apply for a tribal lands bidding credit. Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon a winning bidder's long-form application (FCC Form 601). Specifically,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1_Rcd.pdf
  • 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 percent late fee required by section 1.2109(a) of the Commission's rules), even if the winning bidder plans to apply for a tribal lands bidding credit.6Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6.txt
  • box. All winning bidders, including those winning bidders that apply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET August 25, 2011, deadline (or no later than 6:00 p.m. ET on September 9, 2011, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules). If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. and click on ``Tribal Lands Credits,'' then click on ``Cross References.'' Additional information regarding tribal lands bidding credits is available at the above-referenced website. For additional information
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6_Rcd.pdf
  • appropriate box.45 All winning bidders, including those winning bidders thatapply for a tribal lands bidding credit, must pay the full amount of the Final Balance Due shown in Attachment B by the 6:00 p.m. ET August 25, 2011, deadline (or no later than 6:00 p.m. ET on September 9, 2011, along with the five percent late fee required by Section 1.2109(a) of the Commission's rules).46 If an applicant's request for a tribal lands bidding credit is approved, the Commission will contact the applicant to discuss how the tribal lands bidding credit will be applied. For a list of the tribal lands in each geographic area, go to the Auction Website at http://wireless.fcc.gov/auctionsand click on "Tribal Lands Credits," then click on "Cross
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1.txt
  • 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 application process.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-136A1_Rcd.pdf
  • 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 notices
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1513A1.txt
  • rounding procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section IV.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 23 (concerning rounding), above. See Section IV.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Third Report and Order, 13 FCC Rcd at 458-60 � 148-50. After stating a few paragraphs later that allowing bid withdrawals facilitates efficient aggregation of licenses or construction permits and the pursuit of backup strategies as information becomes available during the course of an auction, the Commission immediately again noted that in some instances bidders may seek
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1513A1_Rcd.pdf
  • withdraw bids in this auction. We also remain mindful that bid withdrawals, particularly those made late in this auction, could result in delays in licensing new FM stations and attendant delays in the offering of new broadcast service to the public. We seek comment on our proposal to prohibit bid withdrawals. 26SeeSection IV.B.2. "Activity Rule," above. 2747 C.F.R. �� 1.2104(g), 1.2109. 28See Part 1 Third Report and Order, 13 FCC Rcd at 458-60 � 148-50. After stating a few paragraphs later that allowing bid withdrawals facilitates efficient aggregation of licenses or construction permits and the pursuit of backup strategies as information becomes available during the course of an auction, the Commission immediately again noted that in some instancesbidders may seek to
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  • Auction 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by September 29, 2011. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the September 29, 2011, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by October 14, 2011, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1545A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1545A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1545A1.txt
  • Auction 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by September 29, 2011. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the September 29, 2011, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by October 14, 2011, provided that it also pays a late fee equal to five percent of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1.txt
  • 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 and Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • 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 FCC Rcd
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  • particular construction permit or license). Id. Petition at 3. See Mr. Lee G. Petro, Letter, 25 FCC Rcd 9046, 9048 (WTB 2010) (denying a waiver request in light of the public interest in predictable and consistent application of the Commission's auction rules and procedures). Winstar Broadcasting Corp., Order on Reconsideration, 20 FCC Rcd 2043, 2053-54 (2005). See 47 C.F.R. �� 1.2109(a), 73.5003. See also Auction 37 Procedures Public Notice, 19 FCC Rcd at 10605. Moreover, as discussed in note 10, supra, this argument is moot, as the Simes have already paid the bidding credit amount in one lump sum. Federal Communications Commission Washington, D.C. 20554 November 10, 2011 � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_�
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1881A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1881A1.txt
  • 16 licenses.1 After a preliminary review of the FCC long- form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3 Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4 for the licenses listed in Attachment A.5 Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1881A1_Rcd.pdf
  • 16 licenses.1 After a preliminary review of the FCC long- form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3 Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4 for the licenses listed in Attachment A.5 Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • 4983 (MB 2010) (``NPRM''). Id. at 4984 � 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. � 309(j)(3)(A), (D). See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at �� 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for Waiver and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-209A1_Rcd.pdf
  • FCC Rcd 4983 (MB 2010) ("NPRM"). 13Id. at 4984 � 4. 14SeeComments of Connoisseur Media, LLC, filed July 6, 2010. 15Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated),25 FCC Rcd 16253 (Audio Division, MB 2010). 1647 U.S.C. � 309(j)(3)(A), (D). 17See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). 18See, e.g.,Morris Communications, Inc., Memorandum Opinion and Order,23 FCC Rcd 3179, 3194-95 at �� 34- 35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); seePCS Partners, L.P., Petition for Waiver and Request for
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  • applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application filed by Puerto Rico Telephone Company, Inc., listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.4 We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-271A1_Rcd.pdf
  • applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application filed by Puerto Rico Telephone Company, Inc., listed in Attachment A to this Public Notice, is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.4 We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • (``AWS-1'') (Auction 78). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-276A1_Rcd.pdf
  • ("AWS-1") (Auction 78).1 After a preliminary review of the FCC long- form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules.3Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A.5 We grant this license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest, convenience,
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  • After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application filed by PacifiCorp listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.4 We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-305A1_Rcd.pdf
  • After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application filed by PacifiCorp listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A.4 We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • 29, 2011 or (Refund)'' column of Attachment B by 6:00 p.m. ET on March 29, 2011. The winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on March 29, 2011 (or by 6:00 p.m. ET on April 12, 2011, along with the five percent late fee required by section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long-form applications (FCC Form 301). Specifically, construction permits will be granted only after the full and timely payment of winning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
  • Due By Mar 29, 2011 or (Refund)" column of Attachment B by 6:00 p.m. ET on March 29, 2011.5The winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on March 29, 2011(or by 6:00 p.m. ET on April 12, 2011,along with the five percent late fee required by section 1.2109(a) of the Commission's rules).6Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long- form applications (FCC Form 301).7Specifically, construction permits will be granted only after the full and timely payment of winning bids
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  • C.F.R. � 1.2105(c). See Section IV.A.2. ``Information Available to Bidders Before and During the Auction,'' below. 47 C.F.R. � 1.2105(c)(7)(i). See generally, Anti-Collusion Public Notice, 11 FCC Rcd at 9645. Nevada Wireless Order, 13 FCC Rcd at 11,978 � 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 17,555 � 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 and Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1_Rcd.pdf
  • 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 applicant to
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  • 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 applicant in Auction 91 and will remain subject to the Commission's rules prohibiting certain communications, 47 C.F.R. �� 1.2105(c) and 73.5002(d), but will not be eligible to bid. See Implementation of Section 309(j) of the Communications Act -
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  • 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 include applications in which the applicant has checked "yes" to the Noncommercial Educational election question on the FCC Form 175. The Commission concluded in the Second Report and Order in Reexamination of the Comparative Standard for
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  • 12,755 � 31. Wireless Telecommunications Bureau Announces that Applications for Advanced Wireless Services Licenses Are Accepted for Filing, Auction No. 78, Public Notice, Attachment A, DA 08-2286 (WTB 2008). See Application, Request for Waiver of Section 1.2105(b)(2), filed on October 18, 2010 and supplemented on November 18, 2010. 47 C.F.R. � � 1.934(a)(1) and (2). See 47 C.F.R. �� 1.2104(g)(2), 1.2109(c); see also Auction 78 Procedures PN, 23 FCC Rcd 7496, 7551 � 243. 47 C.F.R. � 1.2104(g)(2). Federal Communications Commission Washington, D.C. 20554 � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,��
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-451A1_Rcd.pdf
  • Mirsky, Esq. 6Wireless Telecommunications Bureau Announces that Applications for Advanced Wireless Services Licenses Are Accepted for Filing, Auction No. 78, Public Notice, Attachment A, DA 08-2286 (WTB 2008). 7See Application, Request for Waiver of Section 1.2105(b)(2), filed on October 18, 2010 and supplemented on November 18, 2010. 847 C.F.R. � � 1.934(a)(1) and (2). 9 See 47 C.F.R. �� 1.2104(g)(2), 1.2109(c); see alsoAuction 78 Procedures PN, 23 FCC Rcd 7496, 7551 �243. 1047 C.F.R. � 1.2104(g)(2). 3681
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  • Services (``AWS-1'') (Auction 78). After preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules, for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant the license pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-576A1_Rcd.pdf
  • Advanced Wireless Services ("AWS-1") (Auction 78).1After preliminary review of the FCC long- form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules.3Furthermore, the Commission has received full payment, as required by Section 1.2109(a) of its rules,4for the license listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the license listed in Attachment A. We grant the license pursuant to Section 309(a) of the Communications Act, 47 U.S.C.� 309(a),and section 0.331 of the Commission's rules 47 C.F.R.� 0.331, because it will serve the public interest, convenience, and necessity. 1Auction
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  • 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 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 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 These
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  • No. 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by May 11, 2011. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the May 11, 2011, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by May 25, 2011, provided that it also pays a late fee equal to five percent of the
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  • 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. A wire
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  • 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 Form
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  • 21, 2011 or (Refund)'' column of Attachment B by 6:00 p.m. ET on June 21, 2011. Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B 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). Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long-form applications (FCC Form 301). Specifically, construction permits will be granted only after the full and timely payment of winning
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  • By June 21, 2011 or (Refund)" column of Attachment B by 6:00 p.m. ET on June 21, 2011.5Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B 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).6Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long-form applications (FCC Form 301).7Specifically, construction permits will be granted only after the full and timely payment of winning bids and
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  • MHz bands (``BRS''). After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing. Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules, for the licenses listed in Attachment A. Grant of these licenses is without prejudice to possible enforcement action resulting from potential violations of the Act or the Commission's Rules by Vermont Telephone Company, Inc. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section
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  • MHz bands ("BRS").1 After a preliminary review of the FCC long-form applications (FCC Form 601), the application listed in Attachment A to this Public Notice was accepted for filing.2 Upon further review, we find that the application listed in Attachment A is complete and conforms to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3for the licenses listed in Attachment A. Grant of these licenses is without prejudice to possible enforcement action resulting from potential violations of the Act or the Commission's Rules by Vermont Telephone Company, Inc. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a)
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  • 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 3367-68 ��
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  • 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 wire
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  • a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A to this Public Notice are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-134A1_Rcd.pdf
  • a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A to this Public Notice are complete and conform to the Commission's rules. Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,3 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • 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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  • 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 which
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  • 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 is found
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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. 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 unqualified
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-440A1.txt
  • 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See Letter from Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, and Roger S. Noel, Chief, Mobility Division, Wireless Telecommunications Bureau, to Spectrum Acquisitions, Inc., Attn: Alejandro J. Calderon, 23 FCC Rcd 14,088 (WTB/ASAD/MD 2008) (``SAI Letter''). See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). See 31 U.S.C. � 3701(b)(1). See SAI Letter, 23 FCC Rcd at 14,090; see also 47 C.F.R. � 1.2104(g)(2). See ``Auction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92,'' Public Notice, DA 11-1269, rel. July 28, 2011 (WTB 2011). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. � 1.2104(g)(2)(i). 47 C.F.R � 1.2104(g)(2)(2007);
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  • and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See Letter from Rita Cookmeyer, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, to Golden Arrow Paging, Inc., c/o Foster Charitable Foundation, Inc., Attn: David L. Greenwald, (``Letter''), 22 FCC Rcd 14069 (WTB 2007). See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). See 31 U.S.C. � 3701(b)(1). See also Letter, 22 FCC Rcd at 14073; see 47 C.F.R. � 1.2104(g)(2). We will apply $1,620.00 of the $1,770.00 assessed initial default payment toward the final default payment owed for these fifteen licenses. The balance of $150.00 will remain on deposit with the Commission until the final default payment for the remaining seven licenses
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  • the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. See Letter from Margaret Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, and Peter H. Doyle, Chief, Audio Division, Media Bureau, 23 FCC Rcd 1745 (2008) (``Letter Order''). 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 31 U.S.C. � 3701(b)(1). 47 C.F.R. � 1.2104(g)(2). See also Letter Order, 23 FCC Rcd at 1745. See Auction of FM Broadcast Construction Permits Closes: Winning Bidders Announced for Auction 79, Public Notice, 24 FCC Rcd 11903 (2009)(``Auction 79 Closing Public Notice''); Auction of FM Broadcast Construction Permits Closes: Winning Bidders Announced for Auction 91, Public Notice, DA 11-891 (
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  • to VentureTel 700, Inc., Attn: Charles M. Austin, 23 FCC Rcd 14,092 (WTB/ASAD/MD 2008) (``VentureTel Letter''). See VentureTel Letter, 23 FCC Rcd at 14,094; see also 47 C.F.R. � 1.2104(g)(2). See ``Auction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92,'' Public Notice, 26 FCC Rcd 10,494 (WTB 2011). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. � 1.2104(g)(2)(i). 47 C.F.R � 1.2104(g)(2) (2007); see Auction of 700 MHz Band Licenses Scheduled for January 24, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 73 and 76, Public Notice, 22 FCC Rcd 18141,18,220-221 (2007) (``Auction 73 Procedures Public Notice''). Id. See In the Matter of Entertainment Unlimited, Inc., Request
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-458A1_Rcd.pdf
  • Wireless Telecommunications Bureau, to VentureTel 700, Inc., Attn: Charles M. Austin, 23FCC Rcd 14,092 (WTB/ASAD/MD 2008) ("VentureTel Letter"). 2SeeVentureTel Letter, 23 FCC Rcd at 14,094; see also 47 C.F.R. � 1.2104(g)(2). 3See"Auction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92," Public Notice, 26 FCC Rcd 10,494 (WTB 2011). 447 C.F.R. � 1.2104(g)(2). 547 C.F.R. �� 1.2104(g)(2), 1.2109(b). 2910 VentureTel 700, Inc. DA 12-458 March 23, 2012 defaulted bid.6The second component of the default payment is an additional payment, which, pursuant to the rule in effect at the time of Auction 73, is equal to fifteen percent (15%) of the defaulter's bid, or the subsequent winning bid, whichever is less.7In the event that the subsequent winning bid is
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  • Auction 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by January 30, 2012. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the January 30, 2012, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by February 13, 2012, provided that it also pays a late fee equal to five percent of the
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  • 14165 (2004). Accordingly, in this order we refer to the service by its current name of BRS. Tel-Com Wireless defaulted on Hickory, North Carolina (BTA) B189 authorization in Auction 6. See In the Matter of Tel-Com Wireless Cable TV Corporation, BTA No. B189 Multipoint Distribution Service, File No. BMDS960510HAS, Order, 12 FCC Rcd 6747 (1997). See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). See 31 U.S.C. � 3701(b)(1). See also Order, 12 FCC Rcd at 6749; see 47 C.F.R. � 1.2104(g)(2). See 47 C.F.R. � 27.5(i)(2). See Auction of Broadband Radio Service Licenses Closes; Winning Bidders Announced for Auction 86, Public Notice, 24 FCC Rcd 13572 (2009). 47 C.F.R � 1.2104(g)(2). 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R � 1.2104(g)(2)(i). 47 C.F.R �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-520A1_Rcd.pdf
  • Proposed Rulemaking,19 FCC Rcd 14165 (2004). Accordingly, in this order we refer to the service by its current name of BRS. 2Tel-ComWireless defaulted on Hickory, North Carolina (BTA) B189 authorization in Auction 6. SeeIn the Matter of Tel-ComWireless Cable TV Corporation, BTA No. B189 Multipoint Distribution Service, File No. BMDS960510HAS, Order, 12 FCC Rcd 6747 (1997). 3See47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 4See31 U.S.C. � 3701(b)(1). 5See also Order, 12 FCC Rcd at 6749; see47 C.F.R.� 1.2104(g)(2). 3187 Tel-Com Wireless Cable Television DA 12-520 April 3, 2012 in a subsequent auction of BRS licenses(Auction 86),6and because it received a winning bid,7the Commission is now able to calculate Tel-Com Wireless' final default payment obligation with respect to the license.8 Under the Commission's rules,
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  • $71,000.00. Although Trident Global timely submitted a long-form application for the license, it failed to remit its required down payment due by November 23, 2009. Subsequently, Trident Global also failed to submit the final payment of $524,000.00 due by December 8, 2009. Thus, Trident Global became subject to the default provisions of section 1.2104(g) of the Commission's rules. Further, section 1.2109(c) of the Commission's rules provides that a winning bidder that ``fails to remit the balance of its winning bid in a timely manner . . . will be deemed to have defaulted [and] its application will be dismissed . . . .'' Under the Commission's rules, at the close of the auction, a winning bidder assumes a binding obligation to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-521A1_Rcd.pdf
  • 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 its down payment requirement and notified Trident Global that the additional amount due to meet its down payment
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  • out in the ``Final Balance Due By May 15, 2012 or (Refund)'' column of Attachment B. Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on May 15, 2012 (or by 6:00 p.m. ET on May 30, 2012, along with the five percent late fee required by section 1.2109(a) of the Commission's rules). Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long-form applications (FCC Form 301). Specifically, construction permits will be granted only after the full and timely payment of winning
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  • set out in the "Final Balance Due By May 15, 2012 or (Refund)" column of Attachment B.5 Each winning bidder must pay the full amount of the Final Balance Due shown in Attachment B by 6:00 p.m. ET on May 15, 2012(or by 6:00 p.m. ET on May 30, 2012, along with the five percent late fee required by section 1.2109(a) of the Commission's rules).6Full and timely payment of winning bids and any applicable late fees must be made in accordance with section 1.2109(a) of the Commission's rules and must occur before action will be taken upon the winning bidder's long-form applications (FCC Form 301).7Specifically, construction permits will be granted onlyafter the full and timely payment of winning bids and any
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  • and Second Further Notice of Proposed Rule Making, FCC 97-413, 13 FCC Rcd 374, 467-68 para. 163 (1997). 47 C.F.R. �� 1.21001(b)(3), 1.21002. 47 C.F.R. � 1.21001(b)(4). 47 C.F.R. �� 1.21001(b)(5), 1.21002. Nevada Wireless Order, 13 FCC Rcd at 11978 para. 13. Competitive Bidding Memorandum Opinion and Order, 9 FCC Rcd at 7689 para. 12. See, e.g., 47 C.F.R. � 1.2109(d). 47 C.F.R. � 1.21002(c); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17553-55 paras. 13-17. 47 C.F.R. � 1.21002(c). 47 C.F.R. � 1.65; see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17550-51 para. 9. See Part 1 Seventh Report and Order, 16 FCC Rcd at 17550-51 para. 9. Procedural Amendments to Commission
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  • Bands (Auction 87).1 After a preliminary review of the FCC long-form applications (FCC Form 601), the applications listed in Attachment A to this Public Notice were accepted for filing.2 Upon further review, we find that the applications listed in Attachment A are complete and conform to the Commission's rules.3 Furthermore, the Commission has received full payment, as required by section 1.2109(a) of its rules,4 for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act, 47 U.S.C. � 309(a), and section 0.331 of the Commission's rules, 47 C.F.R. � 0.331, because it will serve the public interest,
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  • initiating the wire transfer (but on the same business day). For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See Kankakee Valley Broadcasting 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,
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  • 2011, to submit the payment plus a late fee equal to five percent (5%) of the amount due. Talkline failed to submit the final payment by the initial due date (September 29, 2011) or within the ten-day late payment period (October 14, 2011). Thus, Talkline became subject to the default provisions of section 1.2104(g) of the Commission's rules. Further, section 1.2109(c) of the Commission's rules provides that a winning bidder that ``fails to remit the balance of its winning bid in a timely manner . . . will be deemed to have defaulted [and] its application will be dismissed . . . .'' Under the Commission's rules, at the close of the auction, a winning bidder assumes a binding obligation to
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  • of 20 percent (20%) of Ozark's net winning bids on licenses BEA093, BEA094, and BEA098, totaling $481.00. See id. at 8429; 47 C.F.R. � 1.2104(g)(2) (2002). See Auction of Lower and Upper Paging Bands Licenses Closes; Winning Bidders Announced for Auction 87, Public Notice, 25 FCC Rcd 18,164, 18,487 (WTB 2010). 47 C.F.R. � 1.2104(g)(2). Id. 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. � 1.2104(g)(2)(i). 47 C.F.R � 1.2104(g)(2) (2001). Id. Ozark paid an upfront payment of $3,000.00 to participate in Auction 40. See Auction 40 Closing Public Notice, 16 FCC Rcd at 21,842. In June of 2002, Ozark paid an additional $4,200.00 towards its outstanding balance for its net high bids, resulting in a total deposit of $7,200.00. See Ozark
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  • is prepared to grant the four (4) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by September 6, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by September 20, 2001), provided that it also pays a late fee equal to five percent
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  • Basic Trading Area (BTA) authorizations for Multipoint Distribution Service (MDS) which the Bureau was prepared to issue. This public notice identifies additional BTA authorizations which are ready to be issued and provides details regarding final payments. The applicants identified in the attached list must submit the balance due on the specified BTA authorization(s) by March 28, 2002. Pursuant to Section 1.2109(a) of the Commission's rules, the final payment must be received by the Commission within ten business days of the date of this Public Notice.1 The BTA authorization(s) will be issued to the applicants approximately ten business days following notification of receipt of full 1 47 C.F.R. � 1.2109(a). We note that 47 C.F.R. � 21.958 requires an MDS winning bidder
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  • announced that it was prepared to grant applications for licenses to certain winning bidders in the Upper and Lower Paging Bands Auction (Auction No. 40), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s). The payment deadline was June 10, 2002. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for the licenses listed in Attachment A. Accordingly, by this Public Notice, we announce the grant of the Upper and Lower Paging Bands licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.
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  • 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 with Appendix
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  • 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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  • of Section 1.2104(g)(2) relating to down payment and full payment defaulters are also applicable to installment payment defaulters. 39. Discussion. We clarify that licensees defaulting on installment payments ("installment payment defaulters") are not subject to Section 1.2104(g)(2). The automatic default provisions of Section 1.2110(f)(4) (redesignated herein as 1.2110(g)(4)) are adequate to discourage untimely installment payments. We note that while Section 1.2109(c) identifies types of defaulters that are subject to Section 1.2104(g)(2), the rule does not reference installment payment defaulters. Instead, installment payment defaults are covered by Section 1.2110(g)(4), as designated herein, which does not incorporate Section 1.2104(g)(2). As we noted in the Part 1 Third Report and Order, the risk of losing a license should provide most licensees with a strong
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  • (filed June 9, 2000) (``Pekec/Rothkopf Comments''); Joint Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (``SBC/BellSouth Joint Comments'') and Attachment of Prof. Ronald M. Harstad (``Harstad Attachment'') (filed June 9, 2000); Comments of Verizon Wireless (filed June 9, 2000); and Joint Reply Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (filed June 16, 2000). See 47 C.F.R. � 1.2109(b). The Commission may also offer the license to the other highest bidders. Id. Auction No. 31 Package Bidding Comment Public Notice at 12. Id. Id. In an auction with package bidding, bidders seeking inconsistent sets of packages may be competing against each other. Whether the licenses are sold as one type of package or another depends on which set yields
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  • (filed June 9, 2000) (``Pekec/Rothkopf Comments''); Joint Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (``SBC/BellSouth Joint Comments'') and Attachment of Prof. Ronald M. Harstad (``Harstad Attachment'') (filed June 9, 2000); Comments of Verizon Wireless (filed June 9, 2000); and Joint Reply Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (filed June 16, 2000). See 47 C.F.R. � 1.2109(b). The Commission may also offer the license to the other highest bidders. Id. Auction No. 31 Package Bidding Comment Public Notice at 12. Id. Id. In an auction with package bidding, bidders seeking inconsistent sets of packages may be competing against each other. Whether the licenses are sold as one type of package or another depends on which set yields
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  • radio spectrum. See ``Murdoch Sees Satellites as Way to Keep News Corp. Current,'' New York Times C1, C7 (June 16, 2000). See SBT Comments at 18. See ``700 MHz Guard Band Auction Raises $519,892,575.00,'' News Release (Sept. 21, 2000). Additional information on the results of this auction may be found on the Commission's Auctions Web page: . See 47 C.F.R. �1.2109(e). See Cinergy Comments at 25; ComEd Comments at 26; Entergy Comments at 24; SCANA Comments at 26-27; SBT Comments at 19; Ameren Comments at 25; Boeing Reply Comments at 3; Blooston II Reply Comments at 11. See generally AWWA Comments at 9; PIRSC Comments at 18. See 700 MHz Second Report and Order, 15 FCC Rcd at 5319-21 �� 42-47.
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  • radio spectrum. See ``Murdoch Sees Satellites as Way to Keep News Corp. Current,'' New York Times C1, C7 (June 16, 2000). See SBT Comments at 18. See ``700 MHz Guard Band Auction Raises $519,892,575.00,'' News Release (Sept. 21, 2000). Additional information on the results of this auction may be found on the Commission's Auctions Web page: . See 47 C.F.R. �1.2109(e). See Cinergy Comments at 25; ComEd Comments at 26; Entergy Comments at 24; SCANA Comments at 26-27; SBT Comments at 19; Ameren Comments at 25; Boeing Reply Comments at 3; Blooston II Reply Comments at 11. See generally AWWA Comments at 9; PIRSC Comments at 18. See 700 MHz Second Report and Order, 15 FCC Rcd at 5319-21 �� 42-47.
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  • 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 (Channels 60
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1_Erratum.doc
  • 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 through 69),
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  • Liberty for its legitimate and prudent expenses, and BFBFM and Liberty's general partner would enter into a consulting agreement. The agreement, however, is contingent on BFBFM being designated the winning bidder based on its bid of $643,500 in Round 12 and on Liberty receiving a full refund of its down payment and not incurring any penalty under 47 C.F.R. � 1.2109(c) for not paying its high bid of $2,336,000. The settlement agreement is opposed by the Enforcement Bureau and by unsuccessful bidders Orion and Willsyr, who ranked third and fourth, respectively, in the auction. Consolidated replies have been filed by Liberty and by BFBFM, and Liberty has filed a separate reply to the Enforcement Bureau's opposition. II. DISCUSSION 9. For the
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  • making final payments on the two C block licenses for which EU was the winning bidder was June 25, 1999. The total amount owed for these licenses was $2,613,750. EU missed the final payment deadline and, instead, made full payment on these licenses, along with a five percent late fee of $104,550, on July 9, 1999, as permitted by section 1.2109(a) of our rules. On August 6, 1999, EU filed a request for refund of the $104,550 late fee. In its request, EU argued that the Commission was responsible for EU's failure to meet the final payment deadline. EU claimed that the Commission's refund of the excess upfront payment amount of $1,777,250 to Mr. Kumra, the ``Payer'' listed on FCC Form
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  • bidder in Auction No. 35 of spectrum associated with licenses that had previously been issued to NextWave or Urban Comm shall have an opportunity for a period of 45 days from the release of this Order and attached procedures to elect to obtain relief with respect to that spectrum. IT IS FURTHER ORDERED that 47 C.F.R �� 1.934, 1.2107, and 1.2109 of the Commission's rules are waived to the extent necessary to permit those bidders that elect to withdraw their pending long-form applications to do so without penalty and receive a refund of any remaining down payments made in Auction No. 35, provided such bidders comply strictly with the procedures established for implementation of this order, subject to approval by the
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  • payment of the balance of its winning bid (``Payment Public Notice''). In the Payment Public Notice, the Bureau set March 26, 2001 as the date on which final payment was due, further setting April 9, 2001 as the deadline by which final payment could be made along with a 5% late penalty (``late payment deadline''), as expressly provided in Section 1.2109(a) of the Commission's Rules. 5. ALI failed to make its final payment by the March 26, 2001 deadline. On March 28, 2001, Unity filed a Notice of Appeal with the United States Court of Appeals for the District of Columbia Circuit, appealing Abundant Life as well as a 1995 Commission order granting ALI relief from a prior failure to pay
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  • Winstar upon Winstar's timely payment of the balance of its winning bid (``Payment Public Notice''). In the Payment Public Notice, the Bureau set July 18, 2001 as the date on which final payment was due, and set August 1, 2001 as the deadline on which final payment could be made with a 5% late penalty, as expressly provided in Section 1.2109(a) of the Commission's rules. 7. The Payment Public Notice indicated that, pursuant to Section 1.2109(a), if a winning bidder failed to pay the balance of its winning bid by the late payment deadline of August 1, 2001, it would be considered in default of its license and subject to the applicable default payment. Winstar's winning bid for the Virginia Beach
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  • while MBN's Application for Review was pending, the Commission released its decision in Abundant Life, Inc. In Abundant Life III, we ordered the Bureau to place winning auction bidders on ``ready to grant'' public notices ``promptly after dismissing or denying petitions to deny.'' ``Ready to grant'' public notices set forth deadlines for the winning bidders' final auction payments under Sections 1.2109, 73.5003, and 73.5006(d) of our Rules. Accordingly, the Bureau released a Public Notice stating that Delta's application, and those of two other winning bidders, were ready for grant upon timely payment of the balance of their winning bids placed in Auction No. 25. Delta's final payment was due by March 21, 2002, with late payment (payment of the balance plus
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  • at any location change prior to the auction, the applicable minimum opening bid will change proportionately. Bidders must have sufficient eligibility to place a bid on the particular license. See Section I.B. (``Upfront Payments and Initial Maximum Eligibility''), supra. See Section II.E. ``Information Regarding Bid Withdrawal and Bid Removal,'' infra. See Section I.C. ``Activity Rules,'' supra. 47 C.F.R. �� 1.2104(g), 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Comments and reply comments in response to this Public Notice may not be filed using the Commission's Electronic Comment Filing System, which is used for the Commission's docketed rule making proceedings. 47 C.F.R. �� 1.1200(a), 1.1206. 47 C.F.R. � 1.1206(b). Id. News Media
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  • areas: (1) license default; (2) definition of consortium; (3) women- and minority-owned businesses; (4) clarification of the attribution rule; (5) ownership disclosure requirements; and (6) short-form disclosure requirements for small or very small business consortiums. Also, technical edits are made to Commission rules that refer to service-specific competitive bidding rules that have been removed, revised, or modified. License default. Section 1.2109, among other things, provides the conditions upon which a winning bidder will be deemed to have defaulted. Specifically, subsection 1.2109(b) states, in pertinent part, that ``[i]f a winning bidder withdraws its bid . . . the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the default payment specified in section
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  • the merits of the Section 307(b) determination. Implementation of Section 309(j) of the Communications Act-Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Services Licenses, 12 FCC Rcd 22363, 22391 (1997). Broadcast First Report and Order, 13 FCC Rcd at 15979. The ``statutory objective'' referenced in the quoted passage is that found in 47 U.S.C. � 307(j)(3)(A). 47 C.F.R. �� 1.2109(c) (winning auction bidder who is found unqualified or who defaults on auction payments is liable for default penalties set forth in Section 1.2104(g)(2)), 1.2104(g)(2) (defaulting or disqualified bidder must pay difference between its winning bid and subsequent high bid for permit or license, plus three percent of its winning bid amount or the subsequent winning bid amount, whichever is less),
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  • . [However,] both the language of the [Part 1 Third Report and] Order and the new rules appended thereto indicate that the Commission does not intend to apply this rule to defaults on installment payments. NextWave respectfully requests that the Commission clarify on reconsideration that this is the correct reading of its action. MetroPCS additionally contends that Sections 1.2107(b) and 1.2109(c) are inconsistent with the Commission's determination that the differential-plus-three-percent rule does not apply to installment payment defaults. MetroPCS focuses on the following portion of Section 1.2107(b): Down payments will be held by the Commission until the high bidder has been awarded the license and has paid the remaining balance due on the license or authorization, in which case it [sic]
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  • 5. Amend � 73.3571 by revising paragraph (h)(4)(ii) to read as follows: � 73.3571 Processing AM broadcast station applications * * * * * (h)(4) * * * * * * * * (ii) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to �1.2109(a). Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of ��73.5006 and 73.3584. Construction permits will be granted by the Commission only after full and timely payment
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  • for non-payment has been resolved and is no longer before us. In the same order, after declaring Winstar in default, the Commission offered the Virginia Beach construction permit to Copeland, at his last bid amount of $7,956,000 (minus his 35% new entrant bidding credit pursuant to 47 C.F.R. � 73.5007) pursuant to the post-auction default procedure set forth in Section 1.2109 of the Commission's rules. In his Petition for Reconsideration, Copeland once again seeks relief based on contentions that neither Winstar nor Soldinger was eligible to bid and neither should have been permitted to bid in Auction No. 25. Copeland's view is that he was the only eligible bidder for the new Virginia Beach station, and therefore he should not have
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  • Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995) (``Anti-Collusion Public Notice''). Nevada Wireless MO&O, 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 7684, 7689
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  • on portions of corresponding reconfigured licenses, such as when a withdrawn bid on a license in an auction must be compared to bids on corresponding reconfigured licenses in a later auction; Standardize auction payment rules by conforming rules applicable to broadcast construction permits won at auction, sections 73.3571, 73.3573, 73.5003, 73.5006, and 74.1233, to the final payment procedures in section 1.2109(a); and Enhance the availability of the consortium exception to the designated entity and entrepreneur aggregation rule, section 1.2110(b)(3)(i), by providing further clarity as to its implementation. In particular, we provide that (a) each member or group of members of a winning consortium seeking separate licenses shall file a separate long-form application for its respective license(s) and, in the case of
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  • short-form-form application that does not contain all of the certifications required is unacceptable for filing and cannot be corrected subsequent to the applicable filing deadline. 47 C.F.R. � 1.2105(b)(1). 47 C.F.R. � 1.2105(a)(2)(v) and (vi). Auction No. 66 Procedures Public Notice at �� 15-23 and �� 140-159. Auction No. 66 Procedures Public Notice at � 158. See 47 C.F.R. � 1.2109(d); Auction No. 66 Procedures Public Notice at � 20. See, generally, Designated Entity Second Report and Order. Designated Entity Second Report and Order at � 52. Designated Entity Second Report and Order, 71 Fed. Reg. 26,245, May 4, 2006. Designated Entity Second Report an Order at � 103. 47 C.F.R. � 1.2105(a)(2)(iv). In the Designated Entity Second Report and Order,
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  • immediate denial of the long-form application filed by the winning bidder for the D Block license. Remedies shall not, however, include ordering private third-party arbitration. In the event that the long-form application filed by the winning bidder for the D Block license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in � 1.2104(g), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • immediate denial of the long-form application filed by the winning bidder for the D Block license. Remedies shall not, however, include ordering private third-party arbitration. In the event that the long-form application filed by the winning bidder for the D Block license is denied, the winning bidder for the D Block license will be deemed to have defaulted under Section 1.2109(c) of the Commission's rules, it will be liable for the default payment set forth in � 1.2104(g), and the full Commission, at its discretion, shall decide whether to offer a new license for the spectrum to existing or new applicants, offer a new license to the other highest bidders (in descending order) at their final bids, or choose any other
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  • we should consider an exception to the impermissible material relationship rule? Default Payment Background. The Commission's competitive bidding rules provide that if a winning bidder defaults for any reason, the bidder is liable for a default payment. In the Second Report and Order, the Commission provided that the D Block winning bidder would be deemed to have defaulted under Section 1.2109(c) of the Commission's rules and would be liable for the default payments set forth in Section 1.2104(g) if it failed to comply with the procedures established for negotiation or dispute resolution in the NSA, including a failure to comply with a Commission or Bureau decision in binding adjudication, as well as under other circumstances, e.g., if it failed to pay
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  • Rcd at 15951. Id. at 15953. Id. at 15979. The ``statutory objective'' is found in 47 U.S.C. � 309(j)(3)(A). SRC Application for Review at 9. See 47 U.S. C. �� 309(j)(1) and (j)(5). The statute accords the Commission discretion to make the determination as to basic qualifications to hold a license either before, or after, the auction. 47 C.F.R. � 1.2109(c) (winning auction bidder who is found unqualified or who defaults on auction payments is liable for default penalties set forth in Section 1.2104(g)(2)); see also Broadcast First Report and Order, supra n. 15, 13 FCC Rcd at 15979. See 47 C.F.R. � 73.5006 (establishing procedures for filing petitions to deny against long-form applications). KM filed its long-form Elk Grove application
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  • We also provided that if the D Block winning bidder failed to comply with the procedures we established for negotiation or dispute resolution, failed to receive final Commission approval of an NSA, or failed to execute an approved NSA, it would be deemed to have defaulted on its license and would be subject to the default payments required by Section 1.2109 of our rules. We also established a number of measures to safeguard the interests of public safety on an ongoing basis after the NSA is executed. These measures included: (1) requirements related to the organization and structure of the 700 MHz Public/Private Partnership, intended to protect the D Block license and network assets from being drawn into a bankruptcy proceeding;
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  • 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 time
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  • 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 period while the General Auction Rules have a three-year disclosure period in Section
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  • 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, Notice of Proposed Rulemaking and Order, 11 FCC Rcd 4930,
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Federal Communications Commission FCC 98-25 C-33 statement of the reason(s) for dismissing or denying the petition and disposing of all substantive issues raised therein. .......................#. New Section 1.945 is added to read as follows: Sec. 1.945.............License grants. (a) License Grants - Auctionable license applications. Procedures for grant of licenses awarded through competitive bidding are set forth in sections 1.2108 and 1.2109 of this part. (b) License Grants - Non-auctionable license applications. No application subject to the provisions of this section for an authorization not assigned by competitive bidding procedures, as originally filed or substantially amended, will be granted by the Commission prior to the 31st day following the issuance of a Public Notice of the acceptance for filing of such application
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  • the licenses. See id. 56 Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, WT Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 97-413,released Dec. 31, 1997, paras. 151-154, adopting 47 C.F.R. � 1.2109(c) (Part 1 Third Report and Order). 57 Webcel Petition at 15. 58 Second Report and Order, 12 FCC Rcd at 12685-86 (paras. 338-339). PAGE 17 33. If no such application or certification is tendered within 90 days, then we may consider the short form certification and long form divestiture statement to be material, bad faith misrepresentations and will invoke the
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  • 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 through 69),
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • After the termination of the licensing pleading cycle (see 47 U.S.C. 309(d)), the Commission will issue a public notice announcing that it is prepared to conditionally award 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. �� 1.2109 (as amended by the Third Order on Reconsideration), 1.2107(b) and 101.1105(b). The license will be subsequently issued only after final payment. 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 be accepted. All payments must be accompanied by
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
  • 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, 2000, the
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  • rounding procedure for auctions: results above $10,000 are rounded to the nearest $1,000; results below $10,000 but above $1,000 are rounded to the nearest $100; and results below $1,000 are rounded to the nearest $10. See Section IV.B.7. ``Bid Removal and Bid Withdrawal,'' below. See note 23 (concerning rounding), above. See Section IV.B.2. ``Activity Rule,'' above. 47 C.F.R. �� 1.2104(g), 1.2109. See Part 1 Third Report and Order, 13 FCC Rcd at 458-60 � 148-50. After stating a few paragraphs later that allowing bid withdrawals facilitates efficient aggregation of licenses or construction permits and the pursuit of backup strategies as information becomes available during the course of an auction, the Commission immediately again noted that in some instances bidders may seek
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  • Auction 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by September 29, 2011. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the September 29, 2011, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by October 14, 2011, provided that it also pays a late fee equal to five percent of the
• http://transition.fcc.gov/fcc-bin/audio/DA-11-209A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-209A1.pdf
  • 4983 (MB 2010) (``NPRM''). Id. at 4984 � 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. � 309(j)(3)(A), (D). See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at �� 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for Waiver and
• http://wireless.fcc.gov/auctions/00a/releases/da000899.doc http://wireless.fcc.gov/auctions/00a/releases/da000899.pdf http://wireless.fcc.gov/auctions/00a/releases/da000899.txt
  • Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Order on Reconsideration, WT Docket No. 98-169, FCC 99-372 (released Nov. 30, 1999) (``218-219 MHz Order on Reconsideration''). See generally Id. 218-219 MHz Order at � 53. Id. Id. Id. Id. at � 44. 218-219 MHz Order at � 53. 47 C.F.R. � 1.2109 (``new money'' payments are subject to the same late payment rules as balance payments for new licenses). See Supra note 6. Implementation Procedures for the Report and Order and Memorandum Opinion and Order Addressing the 218-219 MHz Services (Formerly Known as Interactive Video and Data Services (IVDS)), DA 00-900, (rel. April 20, 2000) (``Implementation Procedures Public Notice''). Note: unless an
• http://wireless.fcc.gov/auctions/00a/releases/da000900.doc http://wireless.fcc.gov/auctions/00a/releases/da000900.pdf http://wireless.fcc.gov/auctions/00a/releases/da000900.txt
  • of the Commission. The Commission does not send out, or publish a notice when a license cancels automatically. 47 C.F.R. � 1.5. 218-219 MHz Order at � 44. Resumption of payments begins at the end of the third month after the Election Date. 47 C.F.R. �� 1.2110(f)(4)(i-iii). 47 C.F.R. �� 1.2110(f)(4)(iv). 218-219 MHz Order at � 53. 47 C.F.R. � 1.2109(a). A ``new money'' payment is the balance payment due at the grant of the license under the new terms and is subject to the payment rules for the granting of new licenses. As such, Licensees may pay the ``new money'' payment up to ten (10) days late, subject to a 5% late fee. ``New money'' payments are not installment payments
• http://wireless.fcc.gov/auctions/00a/releases/da010583.doc http://wireless.fcc.gov/auctions/00a/releases/da010583.pdf http://wireless.fcc.gov/auctions/00a/releases/da010583.txt
  • Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT No. 97-82, FCC No. 00-274 (rel. August 14, 2000) (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. � 1.2110(g)(4)(iv). 218-219 MHz Order � 53. 47 C.F.R. � 1.2109(a); see Implementation PN, 15 FCC Rcd. 7329 n. 19 47 C.F.R. � 1.2109(a). � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i 0i 0i
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • twenty percent down payment, equals three percent of the purchase price. This percentage is equivalent to the three percent default penalty. If the prepayment credit does not equal the outstanding principal amount, the 176 licensee must submit additional funds on or before the Resumption Date in order to retain the license, subject Federal Communications Commission FCC 99-239 47 C.F.R. � 1.2109(a). 177 As explained in note 155, "Election Date" means the last day of the third month following the month on which 178 this Report and Order appears in the Federal Register. The Bureau will provide more information concerning filing procedures in a subsequent public notice. ITV Comments at 6. 179 47 C.F.R. � 95.816(d). 180 This financing option was spread
• http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
  • 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 procedures specified by Public Notice. (3) Down payments. See � 1.2107(b) of this chapter. (4) Full payment. See � 1.2109(a) of this chapter. (5) Default or disqualification. See ��1.2104(g)(2) of this chapter. (d) Designated entities. Designated entities are small businesses and very small businesses, as defined in 95.816(d)(4) of this section, and businesses owned by members of minority groups and/or women, as defined in � 1.2110(b) of this chapter. (1) Bidding credits. (i) A winning bidder that qualifies as a
• http://wireless.fcc.gov/auctions/02/releases/fcc97390.pdf
  • Ten percent of SII's net bid (winning bid less bidding credit) was $28,125. SII had paid an upfront payment of 8 $2500 to participate in the IVDS auction, which was still on deposit. Thus, SII was required to submit $25,625 to bring its deposit with the Commission up to ten percent of its winning bid. See 47 C.F.R. �� 95.816(c)(5), 1.2109(a) and 1.2110(e)(4). 9 Styles Interactive, Inc., Request for Waiver of Deadline to Make Down Payment (filed April 14, 1995) 10 ("Waiver Request"). 2 II. BACKGROUND 2. SII was the successful bidder for one IVDS license -- for Channel 283B in Panama City, Florida -- in the IVDS auction held on July 28 and 29, 1994. SII's net winning bid was
• http://wireless.fcc.gov/auctions/02/releases/smo96330.pdf http://wireless.fcc.gov/auctions/02/releases/smo96330.txt http://wireless.fcc.gov/auctions/02/releases/smo96330.wp
  • a long-form application (FCC Form 600) within ten (10) business days after being notified that it is the winning bidder for a license. See �� 1.2107(c) and (d) of this Chapter. 38 * * * * * (4) Down payments. See � 1.2107(b) of this Chapter. * * * * * (6) Withdrawal, default or disqualification. See �� 1.2104(g) and 1.2109 of this Chapter. * * * * * (d) * * * (1) Bidding credits. A winning bidder that qualifies as a business owned by women and/or minorities may use a bidding credit of twenty five (25) percent to lower the cost of its winning bid. (2) Installment payments. Each licensee that qualifies as a small business may pay the
• http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
  • would not necessarily be rationally related to the harm caused by withdrawal, default or disqualification. See Second Report and Order at � 197. 33 76. This logic applies to broadband PCS auctions, so for these auctions we will employ the bid withdrawal, default and disqualification penalties adopted in the Second Report and Order, which are reflected in Sections 1.2104(g) and 1.2109 of the Commission's Rules. Any bidder who withdraws a high bid during an auction before the Commission declares bidding closed will be required to reimburse the Commission in the amount of the difference between its high bid and the amount of the winning bid the next time the license is offered by the Commission, if this subsequent winning bid is
• http://wireless.fcc.gov/auctions/05/releases/d96-1877.pdf http://wireless.fcc.gov/auctions/05/releases/d96-1877.txt http://wireless.fcc.gov/auctions/05/releases/d96-1877.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. �� 24.704, 24.708. See also 47 C.F.R �� 1.2104, 1.2109. 1 "Entrepreneurs' C Block Auction Closes," Public Notice, DA 96-716 (rel. May 8, 1996). 2 DA 96-1877 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of ) ) ) National Telecom PCS, Inc., ) BTA Nos. B114, B476, and ) B492, Frequency Block C ) ORDER Adopted: November 8, 1996 Released: November 12, 1996 By The Chief,
• http://wireless.fcc.gov/auctions/05/releases/da011324.doc http://wireless.fcc.gov/auctions/05/releases/da011324.pdf http://wireless.fcc.gov/auctions/05/releases/da011324.txt
  • of delinquent debts, and a penalty charge in the amount permitted by law. The penalty charge for delinquent debt payments permitted by 31 U.S.C. � 3717 currently is 6 percent a year for the failure to pay any part of the debt more than 90 days past due. ORDERING CLAUSES It is ORDERED that pursuant to Section 24.704, 24.708, 1.2104, 1.2109 of the Commission's rules, CHPCS is assessed a final default payment in the amount of $202,954,905.00 for license B347, $5,167,530.00 for license B124, $3,378,709.55 for license B144, $7,410,075.00 for license B222, $1,195,376.57 for license B322, $4,408,583.89 for license B362, $2,160,928.82 for license B420, and $5,239,711.18 for license B486 as computed in Attachment A. It is FURTHER ORDERED that CHPCS's initial
• http://wireless.fcc.gov/auctions/05/releases/da012404.pdf http://wireless.fcc.gov/auctions/05/releases/da012404.txt
  • 2001; Ten-Day Petition to Deny Period," Public Notice, 16 FCC Rcd 2339 (rel. Jan. 29, 2001); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd 16266 (2000) ("C/F Block Sixth Report and Order"). 19 47 C.F.R. �� 1.2109(b), 24.704, 1.2104(g)(2) (1996). 20 47 C.F.R. � 24.704 (1996). 21 Id. 22 Note that licenses B172, B188, and B224 were reconfigured in Auction No. 35 into three 10 MHz licenses. C/F Block Sixth Report and Order, 15 FCC Rcd 16266 (2000). 23 The first component of the default payment is the difference between the original net winning bid and the
• http://wireless.fcc.gov/auctions/05/releases/da960873.pdf http://wireless.fcc.gov/auctions/05/releases/da960873.txt http://wireless.fcc.gov/auctions/05/releases/da960873.wp
  • withdrawal payment obligations for its withdrawn bids on Licenses B-114 and B-476.37 14. Given NatTel's decision to file a last-minute waiver of its bid withdrawal requirement, the appropriate response would have been to make the required payment and simultaneously file its Request. This course of action would have preserved NatTel's position as the "winning bidder" on License B-492. Under Section 1.2109(b) of the Commission's Rules, a winning bidder 47 C.F.R. � 1.2109(b). 47 C.F.R �� 1.2104(g)(2), 1.2109(c), 24.704(b)(2) and 24.708(b). 47 C.F.R �� 1.2104(g)(2), 1.2109(c), 24.704(b)(2) and 24.708(b). 7 who fails to remit the required down payment within five business days after the Commission has declared competitive bidding closed shall be deemed to be in default. Because NatTel failed to 38
• http://wireless.fcc.gov/auctions/05/releases/da961768.pdf http://wireless.fcc.gov/auctions/05/releases/da961768.txt http://wireless.fcc.gov/auctions/05/releases/da961768.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. �� 24.704, 24.708. See also 47 C.F.R �� 1.2104, 1.2109. 1 1 DA 96-1768 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of )) ) BDPCS, Inc., BTA Nos. B008, ) B036, B055, B089, B110, B133, ) B149, B261, B298, B331, B347, ) B358, B391, B395, B407, B413, ) and B447, Frequency Block C ) ORDER Adopted: October 25, 1996 Released: October 28, 1996 By The Chief,
• http://wireless.fcc.gov/auctions/05/releases/da982270.pdf http://wireless.fcc.gov/auctions/05/releases/da982270.txt http://wireless.fcc.gov/auctions/05/releases/da982270.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See infra Appendix for a list of the CHPCS long-form applications being dismissed. 1 47 C.F.R. � 24.711(a)(2). See also 47 C.F.R. �24.708(b), which states that a bidder that defaults on a payment 2 due will be subject to the payments specified in Section 1.2109 of the Commission's rules. PBB124C (El Centro, CA), PBB144C (Flagstaff, AZ), PBB222C (Kahului, HI), PBB322C (Nogales, AZ), 3 PBB362C (Prescott, AZ), PBB420C (Sierra Vista, AZ), and PBB486C (Yuma, AZ). See Public Notice, Entrepreneurs' C Block Auction Closes, DA No. 96-716 (May 8, 1996). 4 This amount consists of $299,000.00 in upfront money received on December 1, 1995 and $1,206,812.50 received
• http://wireless.fcc.gov/auctions/05/releases/da990226.pdf http://wireless.fcc.gov/auctions/05/releases/da990226.txt http://wireless.fcc.gov/auctions/05/releases/da990226.wp
  • B347 Frequency Block C, Order, 11 FCC Rcd 22,430 (1996) ("CHPCS Payment 4 Order I"). Letter from Wireless Telecommunications Bureau, Federal Communications Commission, to Mr. Kenneth 5 Hobbs, CHPCS, DA 97-260 (February 4, 1997). See Wireless Telecommunications Bureau Dismisses C.H. PCS, Inc. Applications for Auction Event No. 5, 6 Public Notice, DA 98-2270 (rel. November 6, 1998). 47 C.F.R. � 1.2109(c). 7 See 47 C.F.R. �� 24.704, 1.2104(g). 8 Id. 9 Id. 10 2 due to CHPCS's failure to pay the down payment for license B347 on time, the Wireless Telecommunications Bureau dismissed CHPCS's long form application for this license. In an 3 Order released on November 4, 1996, the Bureau assessed CHPCS a default payment with respect to the default
• http://wireless.fcc.gov/auctions/05/releases/da991166.pdf http://wireless.fcc.gov/auctions/05/releases/da991166.txt http://wireless.fcc.gov/auctions/05/releases/da991166.wp
  • CHPCS was the high bidder for one broadband PCS C block license in Auction Event No. 10, which closed on July 16, 1996. CHPCS failed to make an initial down payment on this Federal Communications Commission DA 99-1166 C.H. PCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules (filed 3 July 24, 1996). 47 C.F.R. � 1.2109(b) (1995). Currently, � 1.2109(b) allows a winning bidder ten business days after the 4 Commission has declared competitive bidding closed to remit the required down payment. 47 C.F.R. � 1.2109(b). See also 47 C.F.R. � 1.2104 (g), which states that a bidder that defaults on a payment due will be subject to default payments. In re C.H. PCS, Inc., Request
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  • as amended ("Communications Act"); 3) the Commission has acted in an arbitrary and capricious manner in its failure to provide a rationale for reauctioning; and 4) the Commission's refusal to grant the licenses to Mountain Solutions as the second highest bidder is an unconstitutional taking of property without just compensation. There were no responsive pleadings filed thereto. 47 C.F.R. � 1.2109(b). The number of days prescribed by Section 1.2109(b) was changed to ten business days in 8 February 1997. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Memorandum Opinion and Order and Notice of Proposed Rule Making, FCC 97-60, 62 Fed.Reg. 13540, at 13542 (rel. February 28, 1997). See Implementation of Section
• http://wireless.fcc.gov/auctions/05/releases/fc970342.pdf http://wireless.fcc.gov/auctions/05/releases/fc970342.txt http://wireless.fcc.gov/auctions/05/releases/fc970342.wp
  • that some C block spectrum will be transferred to competitors through reauction or private sale. Our actions here facilitate this process, by reducing the amount of spectrum that would otherwise be marketed in a piecemeal fashion. Moreover, as noted Federal Communications Commission FCC 97-342 BIA Capital, ex parte letter, August 4, 1997 at 1. 96 See 47 C.F.R. �� 24.708(b), 1.2109(c), 1.2104(g)(2). 97 See, e.g., R&S ex parte letter, August 11, 1997 at 1; MCI ex parte letter, August 14, 1997 at 2; Urban Comm ex 98 parte letter, August 21, 1997; GWI ex parte letter, August 4, 1997; NextWave ex parte letter, July 29, 1997; El Dorado ex parte letter, August 13, 1997 at 2-3. 24 above, other parties will
• http://wireless.fcc.gov/auctions/05/releases/fc980176.pdf http://wireless.fcc.gov/auctions/05/releases/fc980176.txt http://wireless.fcc.gov/auctions/05/releases/fc980176.wp
  • 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 they are otherwise qualified. 19. In its comments,
• http://wireless.fcc.gov/auctions/05/releases/fc980220.pdf http://wireless.fcc.gov/auctions/05/releases/fc980220.txt http://wireless.fcc.gov/auctions/05/releases/fc980220.wp
  • the waiver. Mountain Solutions argues that the public interest is not served if 32 a rule is enforced when simultaneously pending before the Commission is a Notice of Proposed Rule Making that would change that rule. Mountain Solutions believes that the Commission has 33 Federal Communications Commission FCC 98-220 ______________________________________________________________________________ 21, � 61. The Commission thereafter adopted this rule, amending 1.2109(a) of its rules to permit winning bidders that are required to make final payment on their licenses within a certain period of time as announced by Public Notice to submit their payment ten business days after the payment deadline, provided that they also pay a late fee equal to five percent of the amount due. See Amendment of Part 1
• http://wireless.fcc.gov/auctions/05/releases/pn_96872.pdf http://wireless.fcc.gov/auctions/05/releases/pn_96872.txt http://wireless.fcc.gov/auctions/05/releases/pn_96872.wp
  • Public Notice, Entrepreneurs' Block Auction Closes, DA 96- 716, released May 8, 1996.) These licenses have been deemed to be in default by the Bureau. The Commission's rules provide that if a winning bidder fails to remit the required down payment the Commission may either reauction the license or offer it to other highest bidders. ( See 47 C.F.R. � 1.2109(b).) In this situation, it has been decided that a reauction will rapidly and efficiently assign the licenses. On May 15, 1996, BDPCS, Inc. and National Telecom PCS, Inc. (NatTel) failed to make the required down payment on the licenses for which they were the high bidders in the recently completed Entrepreneurs' Block Auction. BDPCS failed to make the required down
• http://wireless.fcc.gov/auctions/06/releases/ro950230.pdf http://wireless.fcc.gov/auctions/06/releases/ro950230.txt http://wireless.fcc.gov/auctions/06/releases/ro950230.wp
  • required down payment within the prescribed time, fails to submit a long-form application or statement of intention, fails to make full payment, or is otherwise disqualified) will be subject to an additional payment of three percent of the subsequent winning bid or three percent of the amount of the defaulting bid, whichever is less. See 47 C.F.R. �� 1.2104(g) and 1.2109; Second Report and Order at 2373-2374. The additional three percent payment is designed to encourage bidders who wish to withdraw their bids to do so before bidding ceases. We will hold deposits made by defaulting or disqualified auction winners until full payment of these amounts. In rare cases in which it would be inequitable to retain a down payment, we
• http://wireless.fcc.gov/auctions/07/releases/da020062.pdf http://wireless.fcc.gov/auctions/07/releases/da020062.txt
  • 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 Respective
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  • hold licenses, or default on payment of a balance due. Although we concluded that payment of all amounts that a bidder has on deposit may be too severe in many cases, we devised alternative disincentives for withdrawal, default, or disqualification. In the 202 Second R&O and Second Further Notice, we tentatively concluded that these procedures, found in Sections 1.2104(g) and 1.2109 of the Commission's Rules, would be appropriate for the 900 MHz SMR auction as well. Accordingly, we proposed that any bidder that withdraws a high 203 bid during an auction before the Commission declares bidding closed will be required to reimburse the Commission in the amount of the difference between its high bid and the amount of the winning bid
• http://wireless.fcc.gov/auctions/10/releases/da961273.pdf http://wireless.fcc.gov/auctions/10/releases/da961273.txt http://wireless.fcc.gov/auctions/10/releases/da961273.wp
  • waiver here, since it would undermine the purpose of our bid withdrawal rules. 6. Accordingly, IT IS ORDERED that pursuant to Section 24.819 of the Commission's Rules, C.H. PCS Inc.'s Emergency Petition for Waiver IS DENIED. This action is taken under delegated authority pursuant to Section 0.331 of the Commission's Rules. 7. IT IS FURTHER ORDERED that pursuant to Sections 1.2109 and 24.708 of the Commission's Rules, the long-form application (FCC Form 600) submitted by C.H. PCS, Inc. IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Chief, Auctions Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/10/releases/da961825.pdf http://wireless.fcc.gov/auctions/10/releases/da961825.txt http://wireless.fcc.gov/auctions/10/releases/da961825.wp
  • D. Cary Mitchell, Counsel to C.H. PCS, Inc. (August 26, 1996). See "Wireless Telecommunications Bureau Announces Reauction of Broadband PCS C Block License for the 6 Phoenix, Arizona BTA," Public Notice, DA 96-1826 (rel. November 4, 1996) Section 24.708(b) states that a bidder who defaults on a required payment will be subject to the payment set 7 forth under Section 1.2109. Section 1.2109(b) provides that "[i]f a license winner withdraws its bid after the Commission has declared competitive bidding closed or fails to remit the required down payment within five (5) business days after the Commission has declared competitive bidding closed, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the
• http://wireless.fcc.gov/auctions/10/releases/da961826.pdf http://wireless.fcc.gov/auctions/10/releases/da961826.txt http://wireless.fcc.gov/auctions/10/releases/da961826.wp
  • Frequency Block C, Order, DA 96-1825 (rel. November 4, 1996). The Commission's rules provide that if a winning bidder fails to remit the required down payment following the auction for the license(s) which it wins, the license may be either reauctioned to existing or new applicants, or offered to the other highest bidders (in descending order). See 47 C.F.R. � 1.2109. Specific information regarding this auction will be announced in a future public notice. 2 Additionally, pursuant to its authority under 47 C.F.R. � 1.2109, the Bureau today dismisses CHPCS's FCC Form 600 application, application number 00559CWL96, which was filed on July 31, 1996. Id. For additional information, please contact Josh Roland, Auctions Division or Irene Longin, Commercial Wireless Division, Wireless
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  • as amended ("Communications Act"); 3) the Commission has acted in an arbitrary and capricious manner in its failure to provide a rationale for reauctioning; and 4) the Commission's refusal to grant the licenses to Mountain Solutions as the second highest bidder is an unconstitutional taking of property without just compensation. There were no responsive pleadings filed thereto. 47 C.F.R. � 1.2109(b). The number of days prescribed by Section 1.2109(b) was changed to ten business days in 8 February 1997. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Memorandum Opinion and Order and Notice of Proposed Rule Making, FCC 97-60, 62 Fed.Reg. 13540, at 13542 (rel. February 28, 1997). See Implementation of Section
• http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
  • that some C block spectrum will be transferred to competitors through reauction or private sale. Our actions here facilitate this process, by reducing the amount of spectrum that would otherwise be marketed in a piecemeal fashion. Moreover, as noted Federal Communications Commission FCC 97-342 BIA Capital, ex parte letter, August 4, 1997 at 1. 96 See 47 C.F.R. �� 24.708(b), 1.2109(c), 1.2104(g)(2). 97 See, e.g., R&S ex parte letter, August 11, 1997 at 1; MCI ex parte letter, August 14, 1997 at 2; Urban Comm ex 98 parte letter, August 21, 1997; GWI ex parte letter, August 4, 1997; NextWave ex parte letter, July 29, 1997; El Dorado ex parte letter, August 13, 1997 at 2-3. 24 above, other parties will
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  • 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 they are otherwise qualified. 19. In its comments,
• http://wireless.fcc.gov/auctions/10/releases/fc980220.pdf http://wireless.fcc.gov/auctions/10/releases/fc980220.txt http://wireless.fcc.gov/auctions/10/releases/fc980220.wp
  • the waiver. Mountain Solutions argues that the public interest is not served if 32 a rule is enforced when simultaneously pending before the Commission is a Notice of Proposed Rule Making that would change that rule. Mountain Solutions believes that the Commission has 33 Federal Communications Commission FCC 98-220 ______________________________________________________________________________ 21, � 61. The Commission thereafter adopted this rule, amending 1.2109(a) of its rules to permit winning bidders that are required to make final payment on their licenses within a certain period of time as announced by Public Notice to submit their payment ten business days after the payment deadline, provided that they also pay a late fee equal to five percent of the amount due. See Amendment of Part 1
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • application, fails to make full payment, or is otherwise disqualified) will be subject to the penalties described in 47 C.F.R. � 24.704(a)(2). In such event the FCC may in its sole discretion re-auction the license to existing or new applicants, or offer it to the other highest bidders (in descending order) 49 at their final bids. See 47 C.F.R. �� 1.2109(b) and (c), and 24.704(a)(2). In addition, if a default or disqualification involves gross misconduct, misrepresentation or bad faith by an applicant, the FCC 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. See
• http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
  • long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the penalties described in 47 C.F.R. � 24.704(a)(2). In such event the FCC may in its sole discretion re-auction 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(b) and (c), and 24.704(a)(2). In addition, if a default or disqualification involves gross misconduct, misrepresentation or bad faith by an applicant, the FCC 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. See
• http://wireless.fcc.gov/auctions/11/releases/da961235.pdf http://wireless.fcc.gov/auctions/11/releases/da961235.txt http://wireless.fcc.gov/auctions/11/releases/da961235.wp
  • 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 Rcd 6760
• http://wireless.fcc.gov/auctions/11/releases/da990520.pdf
  • on the F block license. EU, Inc. further states that it does not contest the inclusion in Auction No. 22 of the E block license for market B458E. EU, Inc. acknowledges that while it made a 20 percent down payment on that license it failed to pay the required 80 percent balance due on the license. See 47 C.F.R. � 1.2109(c), � 24.704, and � 1.2104(g)(2). 12 47 C.F.R. � 24.704. 13 Id. 14 47 C.F.R � 1.2106. See also Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, 15 to Kenneth Hobbs, C.H. PCS, Inc., DA 97-260 (rel. February 4, 1997) and "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, DA 96-481,
• http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
  • that some C block spectrum will be transferred to competitors through reauction or private sale. Our actions here facilitate this process, by reducing the amount of spectrum that would otherwise be marketed in a piecemeal fashion. Moreover, as noted Federal Communications Commission FCC 97-342 BIA Capital, ex parte letter, August 4, 1997 at 1. 96 See 47 C.F.R. �� 24.708(b), 1.2109(c), 1.2104(g)(2). 97 See, e.g., R&S ex parte letter, August 11, 1997 at 1; MCI ex parte letter, August 14, 1997 at 2; Urban Comm ex 98 parte letter, August 21, 1997; GWI ex parte letter, August 4, 1997; NextWave ex parte letter, July 29, 1997; El Dorado ex parte letter, August 13, 1997 at 2-3. 24 above, other parties will
• http://wireless.fcc.gov/auctions/12/releases/d96-1850.pdf http://wireless.fcc.gov/auctions/12/releases/d96-1850.txt http://wireless.fcc.gov/auctions/12/releases/d96-1850.wp
  • Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the penalties described in 47 C.F.R. � 1.2104(g) and 1.2109. In such event the FCC may in its sole discretion re- auction the license to existing or new applicants, or offer it to the other highest bidders (in descending order). In addition, if a default or disqualification involves gross misconduct, misrepresentation or bad faith by an applicant, the FCC may declare the applicant and its principals ineligible to bid in
• http://wireless.fcc.gov/auctions/12/releases/da962162.pdf http://wireless.fcc.gov/auctions/12/releases/da962162.txt http://wireless.fcc.gov/auctions/12/releases/da962162.wp
  • 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 software for
• http://wireless.fcc.gov/auctions/12/releases/f96-361.pdf http://wireless.fcc.gov/auctions/12/releases/f96-361.txt http://wireless.fcc.gov/auctions/12/releases/f96-361.wp
  • based upon the premise that the appropriate bid withdrawal payment is one that takes into consideration the round and stage in which a mistaken bid is withdrawn. In general, this approach is designed to eliminate the strategic benefit of purposely submitting mistaken bids. Petitions for reconsideration with respect to this Order are currently pending. See 47 C.F.R. �� 1.2104(g) and 1.2109. 84 17 parties to bidding consortia on or before the date of the auction. Other applicants will not be 80 permitted to make any major modifications to their applications, including ownership changes or changes in the identification of parties to bidding consortia. We believe this distinction is warranted because applicants who filed applications previously submitted these forms any time on
• http://wireless.fcc.gov/auctions/14/releases/da970386.pdf http://wireless.fcc.gov/auctions/14/releases/da970386.txt http://wireless.fcc.gov/auctions/14/releases/da970386.wp
  • 202-418-1995. E. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in Sections 1.2104(g) and 1.2109 of the Commission's Rules. In the event that the amount of those payments cannot be determined (i.e. until the license has been reauctioned), the FCC can require a "deposit" of at least three (3) percent of the defaulted bid amount. See In Re C. H. PCS, Inc., BTA No. B347 Frequency Block C, Order, DA 96-1825 20 (released November 4,
• http://wireless.fcc.gov/auctions/14/releases/da970636.pdf http://wireless.fcc.gov/auctions/14/releases/da970636.txt http://wireless.fcc.gov/auctions/14/releases/da970636.wp
  • 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 Call
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • 202-418-1995. E. Default and Disqualification Any high bidder that defaults or is disqualified after the close of the auction (i.e., fails to remit the required down payment within the prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in Sections 1.2104(g) and 1.2109 of the Commission's Rules. In the event that the amount of those payments cannot be determined (i.e. until the license has been reauctioned), the FCC can require a "deposit" of at least three (3) percent of the defaulted bid amount. See In Re C. H. PCS, Inc., BTA No. B347 Frequency Block C, Order, DA 96-1825 (released November 4, 1996).
• http://wireless.fcc.gov/auctions/15/releases/da970594.pdf http://wireless.fcc.gov/auctions/15/releases/da970594.txt http://wireless.fcc.gov/auctions/15/releases/da970594.wp
  • are prohibited from communicating with each other regarding bids, bidding strategies, or settlements. In addition, applicants are reminded that they are subject to the antitrust laws, which are designed to prevent anti-competitive behavior in the marketplace such as bid rigging, price fixing and splitting markets. Any potential antitrust violations will also be enforced. See 47 C.F.R. �� 25.404, 25.405 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).1 Mock auction: Likewise, all qualified bidders are eligible and encouraged to participate in a mock electronic auction on Monday, March 31, 1997 at 3:00 p.m. ET. Specific instructions for the mock
• http://wireless.fcc.gov/auctions/15/releases/fc970070.pdf http://wireless.fcc.gov/auctions/15/releases/fc970070.txt http://wireless.fcc.gov/auctions/15/releases/fc970070.wp
  • and Order, the Commission determined that bid withdrawal, default and disqualification provisions were needed to discourage insincere bidding. The Commission 295 observed that insincere bidding, whether frivolous or strategic, distorts the price information generated by the auction process and reduces its efficiency. Accordingly, we adopt the bid 296 withdrawal, default and disqualification provisions as set forth in Sections 1.2104(g) and 1.2109 of the Commission's rules. Pursuant to these rules, any bidder who withdraws a high bid during an auction before we declare bidding closed will be required to reimburse the Commission in the amount of the difference between its high bid and the amount of the winning bid the next time the license is offered by the Commission, if this subsequent
• http://wireless.fcc.gov/auctions/16/releases/da001522.doc http://wireless.fcc.gov/auctions/16/releases/da001522.pdf http://wireless.fcc.gov/auctions/16/releases/da001522.txt
  • applicant's winning bid by September 25, 1998). Communications Pacific also withdrew a high bid for the 800 MHz SMR license in EA 173B and was assessed an initial withdrawal deposit in the amount of $14,586.00. See Auction No. 16 Closing PN, Attachment B (the Auction No. 16 License Number and Block Designator was YCE173B, see n.11, infra). 47 C.F.R. � 1.2109. 47 C.F.R. � 1.2109(c); National Telecom PCS, Inc., Memorandum Opinion and Order, 12 FCC Rcd. 10163, 10171-72 (� 15) (1997); 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, 434 (1997). 47 C.F.R. � 1.2104(g). The gross
• http://wireless.fcc.gov/auctions/16/releases/da020493.pdf http://wireless.fcc.gov/auctions/16/releases/da020493.txt
  • $28,938.00 from the $110,266.00 CommPac had on deposit with the Commission leaving a balance of $81,358 on deposit with the Commission.23 The initial withdrawal and default payment and remaining funds on deposit with the Commission will be applied towards the total amount due leaving a balance due of $626,964.00 ($737,260.00 - $28,938.00 - $81,358.00 = $626,964.00). 15 47 C.F.R. �� 1.2109(b), 1.2104(g)(2) (1996). 16 47 C.F.R. � 1.2104(g)(2). 17 Id. 18 Id. 19 Id. 20 Auction No. 34 Closing PN, Attachment E: Multi-Auction Withdrawal Payment Report. 21 Id., Attachment D: Default Payment Report. 22 Attachment A to this Order, Auction Report; see also Auction No. 34 Closing PN. 23 Initial Default Payment Order, 15 FCC Rcd. at 11,776 � 6. Communications
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  • reasons why the license should not be granted. If there are none, the Commission will issue a public notice announcing that it is prepared to grant the license, conditioned on an applicant's timely payment of the remaining balance(s) of its winning bids within ten business days of the issuance of the Commission's public notice. See 47 C.F.R. �� 1.2108(d)(1) and 1.2109(a). Bidder default. If a winning bidder fails to submit the remaining balance by the payment deadline, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be subject to the default payment specified in 47 C.F.R. � 90.905(c). See also Public Notice, "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules," DA 96-481, 6
• http://wireless.fcc.gov/auctions/16/releases/da981794.pdf http://wireless.fcc.gov/auctions/16/releases/da981794.txt http://wireless.fcc.gov/auctions/16/releases/da981794.wp
  • assessment equal to three (3) percent of the subsequent winning bid. If the subsequent winning bid exceeds the defaulting bidder's bid amount, the 3 percent payment will be calculated based on the defaulting bidder's bid amount. These amounts will be deducted from any upfront payment or down payments that the defaulting bidder has deposited with the Commission. 47 C.F.R. �� 1.2109 1 DA 98-1794 September 4, 1998 Mr. Jack Bond Mountain SMR Group, L.L.C. 920 S.W. Stephenson Court Portland, Oregon 97219-7642 Re: Erratum to February 26, 1998 Letter to Mr. Jack Bond from Kathleen O'Brien Ham Dear Mr. Bond: This letter is in reference to an Order, released February 26, 1998, in which Mountain SMR Group, L.L.C. ("Mountain SMR") was assessed
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  • Sworn Statement of Mildred Berenice Martinez Estevez at 2. 4 Waiver Request at 3. 5 47 C.F.R. � 90.905. Under 47 C.F.R. � 90.907, winning bidders must make full payment of the balance of their 6 winning bids ten business days after issuance of the Public Notice announcing that the Commission is prepared to award the license. 47 C.F.R. � 1.2109(a). 7 47 C.F.R. � 1.3. At the time of High Tech's waiver request, an applicant seeking a waiver of section 90.905 was 8 required under 47 C.F.R. � 90.151 to show that unique circumstances were involved and that there was no reasonable alternative solution within the existing rules. Arctic Slope Telephone Association Cooperative, Inc., Order, 13 FCC Rcd. 24217, 24219
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  • vary the number of waivers available to each bidder. (f) Bid withdrawal, default and disqualification payments. The Commission will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due Attachment D A-20 after an auction terminates, or who are disqualified. Payments will be calculated as set forth in Secs. 1.2104(g) and 1.2109 of this chapter. When the amount of such a payment cannot be determined, a deposit of up to 20 percent of the amount bid on the license will be required. (g) Tie bids. Where a tie bid occurs, the high bidder will be determined by the order in which the bids were received by the Commission. Sec. 101.1104 Bidding application
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  • Once a round closes, a bidder may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function. A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 101.1103(f), 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in Bidding, Part 4.B(4), supra. The FCC will limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of
• http://wireless.fcc.gov/auctions/17/releases/da980572.pdf http://wireless.fcc.gov/auctions/17/releases/da980572.txt http://wireless.fcc.gov/auctions/17/releases/da980572.wp
  • After the termination of the licensing pleading cycle (see 47 U.S.C. 309(d)), the Commission will issue a public notice announcing that it is prepared to conditionally award 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. �� 1.2109 (as amended by the Third Order on Reconsideration), 1.2107(b) and 101.1105(b). The license will be subsequently issued only after final payment. 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 be accepted. All payments must be accompanied by
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  • of the material to include a legend on reproductions (as specified in the license agreement) indicating Rand McNally ownership. Interested applicants are advised that licenses B038-B, B144-B, B254-B, B371-B, B372-B, and B392-B are the 5 subject of a pending waiver request filed by New Wave Networks, L.L.C. (See New Wave Networks, L.L.C, Request for Waiver of Rule Sections 101.1105(b) and 1.2109(a)-(c), filed August 13, 1998; Supplement filed September 2, 1998; Second Supplement filed September 9, 1998.) Licenses B185-B, B270-A, and B270-B are the subject of a pending Petition for Reconsideration filed by Pinpoint Communications, Inc. (See Pinpoint Communications, Application for Local Multipoint Distribution Service Licenses to Serve BTA 185, Hastings, Nebraska and BTA 270, McCook, Nebraska, Petition for Reconsideration, filed October
• http://wireless.fcc.gov/auctions/17/releases/da990690.pdf
  • Notice, 5 DA 98-1401 (rel. July 16, 1998) ("Announcement Public Notice"). Id. Specifically, the Bureau explained that these grants "are conditioned upon the full and timely payment of 6 the remaining balance of the applicant's winning bid(s) within ten (10) business days of the date of this Public Notice (i.e., by July 30, 1998)." See attachment. 7 47 C.F.R. �� 1.2109(a) and (c) and 101.1105(b). Final Payment for LMDS Licenses, filed by John A. 8 Prendergast (counsel for New Wave) on August 13, 1998. Supplement to Request for Waiver and/or Extension of Deadline, filed by John A. Prendergast and D. Cary 9 Mitchell on September 2, 1998; Second Supplement to Request for Waiver and Request for Confidentiality, filed by John A.
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  • to James F. Ireland, Esq., Cole Raywid & 13 Braverman, L.L.P., dated Oct. 14, 1998. Letter from Theresa A. Zeterberg, Cole Raywid & Braverman, to Amy Zoslov, Chief, Auctions Division, 14 WTB, dated Oct. 23, 1998. Local Multipoint Distribution Service Auction Closes, DA 99-927, Public Notice, at Attachments A & D (1999) 15 (Auction No. 23 PN). 47 C.F.R. � 1.2109(c); National Telecom PCS, Inc., Memorandum Opinion and Order, 12 FCC Rcd 10163, 16 10171-72 (1997); 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, 434 (1997). 47 C.F.R. � 1.2104(g). 17 47 C.F.R. � 1.2104(g)(1). 18 See
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  • a high bid, are found not to be qualified to hold licenses, or default on payment of a balance due. In the Third NPRM, we 504 proposed to use the bid withdrawal, default and disqualification rules set forth in Sections Federal Communications Commission FCC 97-82 Third NPRM, 11 Rcd at 114-15 (paras. 170, 171). 505 See 47 CFR �� 1.2104(g), 1.2109. We recently addressed the issue of how our bid withdrawal provisions apply 506 to bids that are mistakenly placed and withdrawn in a decision involving the 900 MHz SMR and broadband PCS C block auctions. See Atlanta Trunking Associates, Inc. and MAP Wireless L.L.C. Request To Waive Bid Withdrawal Payment Provisions, FCC 96-203, Order (released May 3, 1996) (summarized in
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_b.pdf
  • Once a round closes, a bidder may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function. A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 101.1103(f), 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in Bidding, Part 4.B(5), supra. The FCC will limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • business days of the announcement of the high bidders. If, pursuant to Section 309(d) of the Communications Act, we dismiss or deny any and all petitions Federal Communications Commission FCC 97-82 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382 (paras. 197-205). 504 Third NPRM, 11 Rcd at 114-15 (paras. 170, 171). 505 See 47 CFR �� 1.2104(g), 1.2109. We recently addressed the issue of how our bid withdrawal provisions apply 506 to bids that are mistakenly placed and withdrawn in a decision involving the 900 MHz SMR and broadband PCS C block auctions. See Atlanta Trunking Associates, Inc. and MAP Wireless L.L.C. Request To Waive Bid Withdrawal Payment Provisions, FCC 96-203, Order (released May 3, 1996) (summarized in
• http://wireless.fcc.gov/auctions/18/releases/220_b.pdf
  • a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 90.1007, 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.(4). Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • credit. Based on our past auction experience, we believe that the level of these bidding credits will provide adequate opportunities for small businesses of varying sizes to participate in the 220 MHz Service auction. Federal Communications Commission FCC 98-93 47 C.F.R. � 90.1015. 304 See Part 1 Third Report and Order, 13 FCC Rcd at 428-30 (paras. 93-96) (amending Section 1.2109(a) of the 305 Commission's Rules, 47 C.F.R. 1.2109(a)). PAGE 72 161. Next, we will amend Section 90.1015 of the Commission's Rules to permit auction 304 winners to make their final payments within ten (10) business days after the applicable deadline, provided that they also pay a late fee of 5 percent of the amount due, without being considered in default.
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  • bidding and not to a particular license. Activity waivers are principally a mechanism for auction participants to avoid the loss of auction eligibility in the event that exigent circumstances prevent them from placing a bid in a particular round. The FCC auction system assumes that bidders with insufficient activity would prefer to use an See 47 C.F.R. �� 90.1007; 1.2104(g); 1.2109. 13 220 MHz Third Report and Order, 12 FCC Rcd at 11057, � 263. 14 8 activity rule waiver (if available) rather than lose bidding eligibility. Therefore, the system will automatically apply a waiver (known as an "automatic waiver") at the end of any bidding period where a bidder's activity level is below the minimum required unless: (1) there are
• http://wireless.fcc.gov/auctions/18/releases/da981010.pdf http://wireless.fcc.gov/auctions/18/releases/da981010.txt http://wireless.fcc.gov/auctions/18/releases/da981010.wp
  • a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 90.1007, 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.2.c.(4). We agree with AMTA that the Commission has not mandated the use of bid withdrawals to two rounds of the auction, but instead delegated to us the discretion to decide whether this change was warranted.
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  • 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 Rcd 6760
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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. �� 1.2109, 1.2107(b) and 90.1015. Licenses will be subsequently granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Copies of
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  • case, the bidder's eligibility is permanently reduced to bring the bidder into compliance with the activity rules as described above. Once eligibility has been reduced, a bidder will not be permitted to regain its lost bidding eligibility. A bidder may proactively use an activity rule waiver as a means to keep the auction open without See 47 C.F.R. �� 1.2104(g); 1.2109. 13 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 14 7 placing a bid. If a bidder submits a proactive waiver (using the proactive waiver function in the bidding software) during a bidding period in which no bids are submitted, the auction will remain open and the bidder's eligibility will be preserved. An automatic waiver
• http://wireless.fcc.gov/auctions/18/releases/da982397.pdf http://wireless.fcc.gov/auctions/18/releases/da982397.txt http://wireless.fcc.gov/auctions/18/releases/da982397.wp
  • days after the release of the Public Notice announcing that it is the winning bidder. 47 C.F.R. �� 1.2107(c), 90.1013. The Phase II 220 MHz Public Notice was released on October 23, 1998. Accordingly, the long-form filing deadline for the Phase II 220 MHz auction was November 6, 1998. Rush Application. 8 47 C.F.R. � 1.2107(c). 9 47 C.F.R. � 1.2109(c). 10 47 C.F.R. � 1.2104(g)(1)-(2). 11 In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation 12 of Spectrum Below 5 GHz Transferred from Federal Government Use, Third Report and Order and Second Notice of Proposed Rule Making, 13 FCC Rcd. 374, 434, � 102 (1997) (Competitive Bidding Third Report and Order). 2
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  • to each bidder. � 90.1007 Withdrawal, default and disqualification payments. The Commission will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due after an auction terminates, or who are disqualified. When the Commission conducts a simultaneous multiple round auction, payments will be calculated as set forth in �� 1.2104(g) and 1.2109 of this chapter. When the amount of such a payment cannot be determined, a deposit of up to 20 percent of the amount bid on the license will be required. � 90.1009 Bidding application (FCC Form 175 and 175-S Short-form). Each applicant to participate in competitive bidding for 220 MHz geographic area licenses must submit an application (FCC Forms 175
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • payment issues and means other than bidding credits and installment payments by which the Commission might facilitate the participation of small Federal Communications Commission FCC 98-93 302 Id. at 400 (para. 40). 303 Id. at 401 (para. 43). 304 47 C.F.R. � 90.1015. 305 See Part 1 Third Report and Order, 13 FCC Rcd at 428-30 (paras. 93-96) (amending Section 1.2109(a) of the Commission's Rules, 47 C.F.R. 1.2109(a)). PAGE 69 businesses in our spectrum auction program. Consistent with this conclusion, we announced that the 302 Commission would shortly suspend the use of installment payment financing for the 220 MHz Service auction.303 158. In light of our experience with installment payment plans in previous auctions as outlined in the Part 1 Third
• http://wireless.fcc.gov/auctions/19/releases/fc950319.pdf http://wireless.fcc.gov/auctions/19/releases/fc950319.txt http://wireless.fcc.gov/auctions/19/releases/fc950319.wp
  • modified by the Competitive Bidding Reconsideration Order, the Commission established general procedural, payment, and penalty rules for auctions, but also stated that such rules may be modified on a service-specific See Competitive Bidding Reconsideration Order, 9 FCC Rcd at 7249-50, paras. 23-26. 121 47 C.F.R Part 1, Subpart Q. 122 Id. at 2381-82, paras. 190-192. 123 See 47 C.F.R. � 1.2109. 124 31 basis. As discussed below, we will generally follow the procedural, payment, and penalty rules 121 established in Subpart Q of Part 1 of the Commission's Rules. 122 a. Upfront Payments 77. As in the case of other auctionable services, we will require participants in the 4660- 4685 MHz auction to tender to the Commission, in advance of the
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  • 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 1.2110(b) and
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  • Regarding Bid Withdrawal and Bid Removal For the VHF public coast station auction, we propose the following bid removal and bid withdrawal procedures. Before the close of a bidding period, a bidder has the option of removing any bids placed in that round. By using the remove bid function in the software, a bidder may See 47 C.F.R. �� 1.2104(g); 1.2109. 13 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 14 47 C.F.R. � 1.2104(e). 15 9 effectively "unsubmit" any bid placed within that round. A bidder removing a bid placed in the same round is not subject to withdrawal payments. Once a round closes, a bidder may no longer remove a bid. However, in the
• http://wireless.fcc.gov/auctions/20/releases/da981796.pdf http://wireless.fcc.gov/auctions/20/releases/da981796.txt http://wireless.fcc.gov/auctions/20/releases/da981796.wp
  • remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g) and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.(4). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an
• http://wireless.fcc.gov/auctions/20/releases/da982248.pdf http://wireless.fcc.gov/auctions/20/releases/da982248.txt http://wireless.fcc.gov/auctions/20/releases/da982248.wp
  • 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 accuracy and
• http://wireless.fcc.gov/auctions/20/releases/da982542.pdf http://wireless.fcc.gov/auctions/20/releases/da982542.txt http://wireless.fcc.gov/auctions/20/releases/da982542.wp
  • 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. �� 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center
• http://wireless.fcc.gov/auctions/20/releases/da990962.pdf http://wireless.fcc.gov/auctions/20/releases/da990962.txt http://wireless.fcc.gov/auctions/20/releases/da990962.wp
  • between the amount bid and the amount of the winning bid the next time the license is offered by the Commission, plus three percent of the subsequent winning bid (except that if the subsequent winning bid exceeds the defaulting bidder's bid amount, the three percent payment will be calculated based on the defaulting bidder's bid amount). 47 C.F.R. �� 1.2104(g), 1.2109(c). See Havens Opposition at 2, 8. 19 See generally, e.g., Shareholders of Pulitzer Publishing Co., Memorandum Opinion and Order, 13 FCC Rcd 20 22876, 22895 (MMB 1998); K.O. Communications, Inc., Memorandum Opinion and Order, 13 FCC Rcd 12765, 12780 (WTB 1998) (citing Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030, 3030 (1996)). Jack Bond, 13
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  • Public Notice also stated that if Metro-Trak failed to pay its remaining balance by June 12, 2000, it would be allowed to make payment within ten days after the payment deadline (i.e. June 26, 2000), provided that it also pays a late fee equal to five percent of the amount due. Moreover, the Public Notice stated that, pursuant to section 1.2109(a), if Metro-Trak failed to pay the balance of its winning bids by the late payment deadline of June 26, 2000, it would be considered in default on its licenses and subject to the applicable default payments. Metro-Trak did not submit full and timely payment of the remaining balance and, thereby, defaulted on its obligation under the Commission's rules. III. Discussion
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  • any winning bidder listed in the public notice who failed to pay its remaining balance by June 22, 1999, would be allowed to make payment within ten days after the payment deadline (i.e. July 6, 1999), provided that it also pays a late fee equal to five percent of the amount due. Moreover, the Bureau stated that, pursuant to section 1.2109(a), 47 C.F.R. � 1.2109(a), any winning bidder listed in the Public Notice who failed to pay the balance of its winning bids by the late payment deadline of July 6, 1999, would be considered in default on its licenses and subject to the applicable default payments. 4. The Bureau subsequently issued an Erratum on June 16, 1999, which rescinded its
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  • in which no bids are submitted, the auction will remain open and the bidder's eligibility will be preserved. An automatic waiver invoked in a round in which there are no new valid bids will not keep the auction open. We propose that each bidder in the LMS auction be provided with five activity rule waivers See 47 C.F.R. �� 1.2104(g); 1.2109. 13 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 14 9 that may be used in any round during the course of the auction as set forth above. We seek comment on this proposal. f. Information Regarding Bid Withdrawal and Bid Removal For the LMS auction, we propose the following bid removal and bid withdrawal
• http://wireless.fcc.gov/auctions/21/releases/da981879.pdf http://wireless.fcc.gov/auctions/21/releases/da981879.txt http://wireless.fcc.gov/auctions/21/releases/da981879.wp
  • remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g) and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.(4). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an
• http://wireless.fcc.gov/auctions/21/releases/da990249.pdf http://wireless.fcc.gov/auctions/21/releases/da990249.txt http://wireless.fcc.gov/auctions/21/releases/da990249.wp
  • 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, applicants that
• http://wireless.fcc.gov/auctions/21/releases/da990405.pdf http://wireless.fcc.gov/auctions/21/releases/da990405.txt http://wireless.fcc.gov/auctions/21/releases/da990405.wp
  • 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. �� 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form Copies of the
• http://wireless.fcc.gov/auctions/21/releases/da991731.pdf http://wireless.fcc.gov/auctions/21/releases/da991731.txt http://wireless.fcc.gov/auctions/21/releases/da991731.wp
  • 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. DeSilva: In this letter, we set forth the initial default payment obligations and procedures for Progeny LMS, LLC ("Progeny") resulting from its default relating to licenses for which it was the winning bidder in the Location and
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_d.pdf
  • remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," page 75 in thisTab. Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_e.pdf
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidders (in descending order) at their final bids. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
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  • CA and Bakersfield, CA Basic Trading Areas (``BTAs''). The total amount owed for these two licenses was $2,613,750, and the deadline for making final payments was June 25, 1999. EU missed the final payment deadline and, instead, made full payment on the licenses, along with a five percent late fee of $104,550, on July 9, 1999, as permitted by Section 1.2109(a) of our rules. EU subsequently filed a request for refund of the $104,550 late fee (``Refund Request''). In its request, EU argued that the Commission was responsible for EU's failure to meet the final payment deadline. After the close of Auction No. 22, the Commission deducted the down payments due for the Visalia-Porterville-Hanford and Bakersfield licenses, leaving an excess upfront
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See infra Appendix for a list of the CHPCS long-form applications being dismissed. 1 47 C.F.R. � 24.711(a)(2). See also 47 C.F.R. �24.708(b), which states that a bidder that defaults on a payment 2 due will be subject to the payments specified in Section 1.2109 of the Commission's rules. PBB124C (El Centro, CA), PBB144C (Flagstaff, AZ), PBB222C (Kahului, HI), PBB322C (Nogales, AZ), 3 PBB362C (Prescott, AZ), PBB420C (Sierra Vista, AZ), and PBB486C (Yuma, AZ). See Public Notice, Entrepreneurs' C Block Auction Closes, DA No. 96-716 (May 8, 1996). 4 This amount consists of $299,000.00 in upfront money received on December 1, 1995 and $1,206,812.50 received
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  • open. We propose that each bidder in Auction No. 22 be provided with five activity rule waivers that may be used in any round during the course of the auction as set forth above. We seek comment on this proposal. C Block Fourth Report and Order at para. 41; see 47 C.F.R. � 1.2104(g). 31 See 47 C.F.R. �� 1.2104(g), 1.2109. 32 Part 1 Third Report and Order, 13 FCC Rcd at 460 para. 150. 33 10 e. Information Regarding Bid Withdrawal and Bid Removal In the C Block Fourth Report and Order, the Commission directed the Bureau, in conducting the upcoming C block auction, to follow the Part 1 rule on bid withdrawal, Section 1.2104(g), to the extent applicable. Accordingly,
• http://wireless.fcc.gov/auctions/22/releases/da982604.pdf http://wireless.fcc.gov/auctions/22/releases/da982604.txt http://wireless.fcc.gov/auctions/22/releases/da982604.wp
  • remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g) and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.(4). The Bureau will limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of
• http://wireless.fcc.gov/auctions/22/releases/da990375.pdf http://wireless.fcc.gov/auctions/22/releases/da990375.txt http://wireless.fcc.gov/auctions/22/releases/da990375.wp
  • 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 in their
• http://wireless.fcc.gov/auctions/22/releases/da990528.pdf
  • after the auction pending a determination that the high bidder is qualified to serve as a licensee. In the event a high bidder defaults, or is otherwise found not qualified to be a licensee, it is still obligated for the full amount it bid on each license as indicated in the closing Public Notice and under the terms of Sections 1.2109 and 1.2104.9 Below is a summary of the high bidders' continuing payment obligations and application procedures following the auction. A. Down Payments and Withdrawn Bid Payments Within ten (10) business days after being notified that it is a high bidder, each high bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money
• http://wireless.fcc.gov/auctions/22/releases/da990757.pdf http://wireless.fcc.gov/auctions/22/releases/da990757.wp
  • 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. �� 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
• http://wireless.fcc.gov/auctions/22/releases/da991821.pdf
  • any winning bid on the licenses, there is no nexus between the alleged harm to the petitioner and the qualifications of ABC Wireless.13 Thus, according to ABC Wireless, Mountain Solutions's alleged injury is merely a result of the application of the Commission's default payment rules and occurred when Mountain Solutions defaulted on the licenses.14 5. We agree. Pursuant to section 1.2109 of the Commission's rules, Mountain Solutions was in default after it failed to make its second down payment. As a result, it is subject to the Commission's default payment provisions in section 1.2104(g)(2). The payment for which Mountain Solutions is liable is a result of its default, not of any action taken by ABC Wireless or a grant of licenses
• http://wireless.fcc.gov/auctions/22/releases/da991822.pdf
  • Notice). 16 In keeping with our decision to grant the licenses conditioned on the outcome of pending proceedings, we are today issuing a Public Notice announcing that we are prepared to grant the above-captioned license applications, except that of OPCS Three, L.L.C., following the applicants' full and timely payment of the remaining balance of their winning bids, pursuant to section 1.2109(a) of the Commission's rules. 47 C.F.R. 1.2109(a). With respect to Chariton Valley Communication Corporation, Inc. and OPCS Three, L.L.C., today we are issuing an order conditionally granting its request for waiver of 47 C.F.R. 20.6. Federal Communications Commission DA 99-1822 4 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47
• http://wireless.fcc.gov/auctions/22/releases/da991823.pdf
  • all of the licenses will be conditioned on the outcome of the Commission's re-evaluation of section 20.6, we are today issuing a Public Notice announcing that we are prepared to grant the above-captioned license applications, except that of OPCS Three, following the full and timely payment of the remaining balance of the winning bids for the licenses, pursuant to section 1.2109(a) of the Commission's rules. 47 C.F.R. 1.2109(a). Federal Communications Commission DA 99-1823 3 TLA Spectrum, L.L.C., Midwest Wireless Communications, L.L.C., Chariton Valley Communication Corporation, Inc., and OPCS Three, L.L.C. for waiver of section 20.6 of the Commission's rules, 47 C.F.R. 20.6, to allow Petitioners to hold more than 45 MHz of spectrum within the same geographic area ARE GRANTED, subject
• http://wireless.fcc.gov/auctions/22/releases/da991824.pdf
  • Feb. 24, 1999) at 4-5. 24 In keeping with our decision to grant the licenses conditioned on the outcome of pending proceedings, we are today issuing a Public Notice announcing that we are prepared to grant the above-captioned license applications following ABC Wireless's and ComScape's full and timely payment of the remaining balance of their winning bids, pursuant to section 1.2109(a) of the Commission's rules. 47 C.F.R. 1.2109(a). Federal Communications Commission DA 99-1824 4 FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da991825.pdf
  • March 23, 1999, at 105. 12 In keeping with our decision to grant licenses conditioned on the outcome of pending proceedings, we are today issuing a Public Notice announcing that we are prepared to grant the license applications listed in the Appendix following the applicants' full and timely payment of the remaining balance of their winning bids, pursuant to section 1.2109(a) of the Commission's rules. 47 C.F.R. 1.2109(a). Federal Communications Commission DA 99-1825 3 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 0.331 of the Commission's rules, 47 C.F.R. 0.331, the Informal Objection filed by U.S. Airwaves, Inc., on June 25, 1999, IS HEREBY DISMISSED as
• http://wireless.fcc.gov/auctions/22/releases/da991826.pdf
  • Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 27 In keeping with our decision to grant licenses conditioned on the outcome of pending proceedings, we are today issuing a Public Notice announcing that we are prepared to grant the above-captioned license applications following the applicants' full and timely payment of the remaining balance of their winning bids, pursuant to section 1.2109(a) of the Commission's rules. 47 C.F.R. 1.2109(a).
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  • 1999, Mr. Kumra directed the Commission to refund back to his account the excess payments from Auction No. 22. Accordingly, on Federal Communications Commission DA 99-2602 "Wireless Telecommunications Bureau Announces It Is Prepared to Grant 161 C, E & F Block Broadband 5 PCS Licenses," Public Notice, DA 99-1156 (rel. June 11, 1999). Id. 6 Id.; see 47 C.F.R. � 1.2109(a). 7 "Wireless Telecommunications Bureau Grants Entertainment Unlimited Two C Block Broadband PCS 8 Licenses," Public Notice, DA 99-2107 (rel. October 7, 1999). EU Refund Request at 1. 9 Id. at 3-4. 10 Id. at 4. 11 Id. at 2, 4. 12 2 May 28, 1999, the Commission wire transferred to Mr. Kumra the excess upfront payment amount of $1,777,250. 3.
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  • making final payments on the two C block licenses for which EU was the winning bidder was June 25, 1999. The total amount owed for these licenses was $2,613,750. EU missed the final payment deadline and, instead, made full payment on these licenses, along with a five percent late fee of $104,550, on July 9, 1999, as permitted by section 1.2109(a) of our rules. On August 6, 1999, EU filed a request for refund of the $104,550 late fee. In its request, EU argued that the Commission was responsible for EU's failure to meet the final payment deadline. EU claimed that the Commission's refund of the excess upfront payment amount of $1,777,250 to Mr. Kumra, the ``Payer'' listed on FCC Form
• http://wireless.fcc.gov/auctions/22/releases/fc980176.pdf http://wireless.fcc.gov/auctions/22/releases/fc980176.txt http://wireless.fcc.gov/auctions/22/releases/fc980176.wp
  • 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 they are otherwise qualified. 19. In its comments,
• http://wireless.fcc.gov/auctions/22/releases/pcsbipd.pdf
  • in the next round, a bidder may withdraw any number of its standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," in this Tab. Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either
• http://wireless.fcc.gov/auctions/22/releases/pcsbipe.pdf
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidders (in descending order) at their final bids. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • 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 they are otherwise qualified. 19. In its comments,
• http://wireless.fcc.gov/auctions/23/releases/da000556.doc http://wireless.fcc.gov/auctions/23/releases/da000556.pdf http://wireless.fcc.gov/auctions/23/releases/da000556.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit d d d d B B d d d d Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 Adopted: March 10, 2000 Released: March 17, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This
• http://wireless.fcc.gov/auctions/23/releases/da982266.pdf http://wireless.fcc.gov/auctions/23/releases/da982266.txt http://wireless.fcc.gov/auctions/23/releases/da982266.wp
  • of the material to include a legend on reproductions (as specified in the license agreement) indicating Rand McNally ownership. Interested applicants are advised that licenses B038-B, B144-B, B254-B, B371-B, B372-B, and B392-B are the 5 subject of a pending waiver request filed by New Wave Networks, L.L.C. (See New Wave Networks, L.L.C, Request for Waiver of Rule Sections 101.1105(b) and 1.2109(a)-(c), filed August 13, 1998; Supplement filed September 2, 1998; Second Supplement filed September 9, 1998.) Licenses B185-B, B270-A, and B270-B are the subject of a pending Petition for Reconsideration filed by Pinpoint Communications, Inc. (See Pinpoint Communications, Application for Local Multipoint Distribution Service Licenses to Serve BTA 185, Hastings, Nebraska and BTA 270, McCook, Nebraska, Petition for Reconsideration, filed October
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  • See Attachment A, where the licenses in question are identified (note that Baker Creek defaulted only on selected licenses, and not its entire license inventory). Licenses B038-B, B144-B, B254-B, B371-B, B372-B, and B392-B are the subject of a pending waiver request filed by New Wave Networks, L.L.C. (See New Wave Networks, L.L.C, Request for Waiver of Rule Sections 101.1105(b) and 1.2109(a)-(c), filed August 13, 1998; Supplement filed September 2, 1998; Second Supplement filed September 9, 1998; Third Supplement filed December 9, 1998.) Licenses B185-B, B270-A, and B270-B are the subject of a pending Petition for Reconsideration filed by Pinpoint Communications, Inc. (See Pinpoint Communications, Application for Local Multipoint Distribution Service Licenses to Serve BTA 185, Hastings, Nebraska and BTA 270, McCook,
• http://wireless.fcc.gov/auctions/23/releases/da990639.doc http://wireless.fcc.gov/auctions/23/releases/da990639.pdf http://wireless.fcc.gov/auctions/23/releases/da990639.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"). 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 V t
• http://wireless.fcc.gov/auctions/23/releases/da990690.pdf
  • Notice, 5 DA 98-1401 (rel. July 16, 1998) ("Announcement Public Notice"). Id. Specifically, the Bureau explained that these grants "are conditioned upon the full and timely payment of 6 the remaining balance of the applicant's winning bid(s) within ten (10) business days of the date of this Public Notice (i.e., by July 30, 1998)." See attachment. 7 47 C.F.R. �� 1.2109(a) and (c) and 101.1105(b). Final Payment for LMDS Licenses, filed by John A. 8 Prendergast (counsel for New Wave) on August 13, 1998. Supplement to Request for Waiver and/or Extension of Deadline, filed by John A. Prendergast and D. Cary 9 Mitchell on September 2, 1998; Second Supplement to Request for Waiver and Request for Confidentiality, filed by John A.
• http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
  • Final payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).2
• http://wireless.fcc.gov/auctions/23/releases/da991726.pdf http://wireless.fcc.gov/auctions/23/releases/da991726.txt http://wireless.fcc.gov/auctions/23/releases/da991726.wp
  • Connectivity was the high bidder on the following licenses: B390A (Saginaw, MI), B039B (Benton Harbor, 5 MI), B169B (Grand Rapids, MI), B209B (Jackson, MI), B241B (Lansing, MI), B307B (Mt. Pleasant), and B310B (Muskegon, MI). See Default Withholding, attached hereto as Attachment A. See 47 C.F.R. � 101.1105(b). 6 See LMDS Closing Public Notice, Attachment B. 7 See 47 C.F.R. � 1.2109(b): "If a winning bidder. . . fails to remit the required down payment within ten (10) 8 business days after the Commission has declared competitive bidding closed, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the default payment specified in Section 1.2104(g)(2)." 47 C.F.R. � 1.925. This rule replaces
• http://wireless.fcc.gov/auctions/24/releases/da982386.pdf http://wireless.fcc.gov/auctions/24/releases/da982386.txt http://wireless.fcc.gov/auctions/24/releases/da982386.wp
  • case, the bidder's eligibility is permanently reduced to bring the bidder into compliance with the activity rules as described above. Once eligibility has been reduced, a bidder will not be permitted to regain its lost bidding eligibility. A bidder may proactively use an activity rule waiver as a means to keep the auction open without See 47 C.F.R. �� 1.2104(g); 1.2109. 13 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 14 7 placing a bid. If a bidder submits a proactive waiver (using the proactive waiver function in the bidding software) during a bidding period in which no bids are submitted, the auction will remain open and the bidder's eligibility will be preserved. An automatic waiver
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  • remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g) and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," Part 4.B.(4). In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an
• http://wireless.fcc.gov/auctions/24/releases/da990904.doc http://wireless.fcc.gov/auctions/24/releases/da990904.pdf http://wireless.fcc.gov/auctions/24/releases/da990904.txt
  • 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 t �
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  • Final payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • the application. (3) substantial and material issues of fact require a hearing, it will conduct a hearing. The Commission may permit all or part of the evidence to be submitted in written form and may permit employees other than administrative law judges to preside at the taking of written evidence. Such hearing will be conducted on an expedited basis. � 1.2109 License grant, denial, default, and disqualification. (a) Unless otherwise specified by public notice, auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following the release of a public notice establishing the payment deadline. If a winning bidder fails to pay the balance of its winning bids in a
• http://wireless.fcc.gov/auctions/25/releases/da000548.doc http://wireless.fcc.gov/auctions/25/releases/da000548.pdf http://wireless.fcc.gov/auctions/25/releases/da000548.txt
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 24, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 7, 2000), provided that it also pays a late fee equal to
• 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
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by April 20, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by May 4, 2000), provided that it also pays a late fee equal to
• 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
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 1, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 15, 2000), provided that it also pays a late fee equal to
• 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
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 26, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 9, 2001), provided that it also pays a late fee equal to
• 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
  • Report and Order, supra, Liberty must submit a lump sum final payment within ten business days of the date of this Public Notice (i.e., by June 15, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 25, 2001), provided that it also pays a late fee equal to
• 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
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by July 3, 2001). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 18, 2001), provided that it also pays a late fee equal to
• http://wireless.fcc.gov/auctions/25/releases/da990940.pdf http://wireless.fcc.gov/auctions/25/releases/da990940.txt http://wireless.fcc.gov/auctions/25/releases/da990940.wp
  • case, the bidder's eligibility is permanently reduced to bring the bidder into compliance with the activity rules as described above. Once eligibility has been reduced, a bidder will not be permitted to regain its lost bidding eligibility. A bidder may proactively use an activity rule waiver as a means to keep the auction open without See 47 C.F.R. �� 1.2104(g); 1.2109. 17 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 18 8 placing a bid. If a bidder submits a proactive waiver (using the proactive waiver function in the bidding software) during a bidding period in which no bids are submitted, the auction will remain open and the bidder's eligibility will be preserved. An automatic waiver
• http://wireless.fcc.gov/auctions/25/releases/da991800.pdf
  • 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 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). 5 * * * * CONTACT INFORMATION For questions about payment or instructions for wiring upfront payments, contact Gail
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  • (see 47 C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits of the winning bidders whose applications are uncontested. Within ten business days after the date of that public notice, uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. ��1.2109 and 73.5003(c). Broadcast construction permits will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal
• http://wireless.fcc.gov/auctions/25/releases/ea011347.doc http://wireless.fcc.gov/auctions/25/releases/ea011347.pdf http://wireless.fcc.gov/auctions/25/releases/ea011347.txt
  • calculation and submission of final payment, the FCC Form 159 and refunds, contact Gail Glasser or Tim Dates, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-1995. For questions regarding legal matters and licensing issues, contact Michael Wagner or Jean Ann McGovern, Mass Media Bureau, Audio Services Division at 418-2700. See 47 C.F.R. �� 73.5003(c), 1.2109(a). The June 5, 2001, Public Notice inadvertently reported that the lump sum final payment was due June 15, 2001. The June 5, 2001, Public Notice inadvertently reported that the late payment deadline was June 25, 2001. ^ _ e � � � � � � � ] ^ � � � � � � � � � � � �
• 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
  • bidders will be dismissed following the grant of the winning bidder's construction permit. If, however, the winning bidder fails to remit the required payments, is found unqualified to be a licensee, or is otherwise disqualified, we will exercise our discretion to offer the construction permit to the other highest bidders in Federal Communications Commission FCC 98-194 See 47 C.F.R. � 1.2109 (giving Commission discretion to either reauction licenses to existing or new applicants or to offer 80 licenses to other highest bidders in descending order at their final bids, in the event of default by, or disqualification of, the winning bidder). If the winning bidder is (or a series of winning bidders are) disqualified and only one applicant remains, that applicant
• 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
  • Nor does Federal Communications Commission FCC 99-74 See Alegria I, Inc. 5 FCC Rcd 7309, 7311 (1990), aff'd, 947 F.2d 986 (D.C. Cir. 1991), citing Crosthwait v. FCC, 19 584 F.2d 550, 555 (D.C. Cir. 1978) (an applicant has no vested interest in the disqualification of a competing applicant). Pursuant to our general Part 1 auction rules, 47 C.F.R. �� 1.2109(c) and 1.2104(g)(2), and as we explained in the 20 First Report and Order, 13 FCC Rcd at 15956, if the high bidder is disqualified or defaults for any reason, the license would be offered to the second highest bidder (in this case the sole competing applicant) at its final bid. The defaulting high bidder would also be liable for the
• 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
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ���
• 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
  • payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
• http://wireless.fcc.gov/auctions/26/releases/da012480.pdf http://wireless.fcc.gov/auctions/26/releases/da012480.txt
  • on the long-form application submitted by Supra, coupled with a change of name, ownership, and control.10 Accordingly, Trompex effected a major amendment to its application, which is prohibited under section 1.2105(b)(2) and (c)(2) of the Commission's rules.11 As a result of the unauthorized major amendment to its short- form application, Trompex is disqualified to apply for the licenses. 5. Section 1.2109(c) of the Commission's rules provide that a "winning bidder who is found unqualified to be a licensee or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted," and will be liable for certain default payment obligations.12 As a result, Trompex now is subject to the default payment provisions specified
• http://wireless.fcc.gov/auctions/26/releases/da991103.doc http://wireless.fcc.gov/auctions/26/releases/da991103.pdf http://wireless.fcc.gov/auctions/26/releases/da991103.txt
  • be provided assurance that each bidder is a bona fide applicant and that each bid is sincere. The size of the upfront payment will thus directly relate to the size and capabilities of the licensed facilities, the cost to construct a system, the value of the licensed spectrum and the potential amounts bidders will bid.'') See 47 C.F.R. �� 1.2104(g); 1.2109. See Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. See Reconsideration Order, FCC 99-98, � 84; Second Report and Order, 12 FCC Rcd at 2785, � 103. See also 47 C.F.R. � 1.2104(e) (The Bureau has discretion "to establish stopping rules before or during multiple round auctions in order to terminate the auction within a
• 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
  • therefore limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals will still be subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• 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
  • in bidding and require bidders to determine the viability of their business plans for each license area in advance. However, Ameritel states that 341 without the ability to correct obvious typographical bidding errors, bidders are potentially liable for huge withdrawal or default payments as the result of minor keying mistakes.342 Federal Communications Commission FCC 97-59 47 C.F.R. �� 1.2104(g) and 1.2109. 343 Competitive Bidding Third Report and Order, 9 FCC Rcd at 2962, �� 51-52. 344 We also recently addressed the issue of how our bid withdrawal payment provisions apply to bids that are 345 mistakenly placed and withdrawn in a decision involving the 900 MHz SMR and the broadband PCS C block auctions. See Atlanta Trunking Associates, Inc. and MAP
• http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
  • use of their existing infrastructure in the provision of some services, and that such economies of scale give rural telcos an advantage in bidding for licenses.395 Federal Communications Commission FCC 99-98 See 47 C.F.R. � 22.215. 396 See Part 1 Third Report and Order and Second Further Notice, 13 FCC Rcd at 428-30, �� 93-96 (amending 397 47 C.F.R. � 1.2109(a)). Id. at 429-30, � 95. 398 See 47 C.F.R. � 1.2104(g)(2). 399 See id. � 22.201. 400 See id. � 1.2112. 401 62 115. The paging rules provide that winning bidders have ten (10) business days to make timely payment following notification that their authorizations are ready to be awarded. We will permit auction 396 winners to make their final
• http://wireless.fcc.gov/auctions/26/releases/pagebp_d.pdf
  • remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. The procedure for withdrawing a bid and receiving a withdrawal confirmation is essentially the same as the bidding procedure described in "High Bids," in this Tab. Bidders are limited to placing withdrawals in two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • each bidder. � 22.207 Withdrawal, default, and disqualification payments. The FCC will impose payments on bidders who withdraw high bids during the course of an auction, who default on payments due after an auction terminates, or who are disqualified. When the FCC conducts a simultaneous 16 multiple round auction, payments will be calculated as set forth in �� 1.2104(g) and 1.2109 of this chapter. When the amount of such a payment cannot be determined, a deposit of up to 20 percent of the amount bid on the license will be required. � 22.211 Submission of upfront payments and down payments. (a) The FCC will require applicants to submit an upfront payment prior to the start of a paging auction. The amount
• 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
  • C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permit to the winning bidder, if the application is uncontested. Within ten business days after the date of that public notice, the uncontested winning bidder will be required to make full payment of the balance of their winning bid. See 47 C.F.R. ��1.2109 and 73.5003(c). A broadcast construction permit will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No
• 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
  • 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 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). 8 U � 7 8 V W � ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @& @& ���0 l l k��
• 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
  • (see 47 C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits of the winning bidders whose applications are uncontested. Within ten business days after the date of that public notice, uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. ��1.2109 and 73.5003(c). Broadcast construction permits will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal
• http://wireless.fcc.gov/auctions/28/releases/da992594.doc http://wireless.fcc.gov/auctions/28/releases/da992594.pdf http://wireless.fcc.gov/auctions/28/releases/da992594.txt
  • reductions in eligibility, information regarding bid withdrawal and bid removal, stopping rules, and information relating to auction delay, suspension or cancellation. Id. � 125. See Part 1 Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd at 5697-98, � 16 (1997); see also Broadcast First Report and Order, �� 129-134. See 47 C.F.R. � 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e) and 73.5001(b) . See 47 C.F.R. � 1.2104(i). � � �L� ��� L ��� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_��
• 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
  • longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. ��1.2104(g) and 1.2109. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction permits in combination, we conclude that, for Auction No. 28, adoption of a limit
• 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
  • bidders will be dismissed following the grant of the winning bidder's construction permit. If, however, the winning bidder fails to remit the required payments, is found unqualified to be a licensee, or is otherwise disqualified, we will exercise our discretion to offer the construction permit to the other highest bidders in Federal Communications Commission FCC 98-194 See 47 C.F.R. � 1.2109 (giving Commission discretion to either reauction licenses to existing or new applicants or to offer 80 licenses to other highest bidders in descending order at their final bids, in the event of default by, or disqualification of, the winning bidder). If the winning bidder is (or a series of winning bidders are) disqualified and only one applicant remains, that applicant
• 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
  • Nor does Federal Communications Commission FCC 99-74 See Alegria I, Inc. 5 FCC Rcd 7309, 7311 (1990), aff'd, 947 F.2d 986 (D.C. Cir. 1991), citing Crosthwait v. FCC, 19 584 F.2d 550, 555 (D.C. Cir. 1978) (an applicant has no vested interest in the disqualification of a competing applicant). Pursuant to our general Part 1 auction rules, 47 C.F.R. �� 1.2109(c) and 1.2104(g)(2), and as we explained in the 20 First Report and Order, 13 FCC Rcd at 15956, if the high bidder is disqualified or defaults for any reason, the license would be offered to the second highest bidder (in this case the sole competing applicant) at its final bid. The defaulting high bidder would also be liable for the
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o�
• 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
  • payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
• http://wireless.fcc.gov/auctions/30/releases/da992624.doc http://wireless.fcc.gov/auctions/30/releases/da992624.pdf http://wireless.fcc.gov/auctions/30/releases/da992624.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). See 47 C.F.R. � 1.2104(i). See Letter attached hereto as Attachment B from William T. Hatch, Acting Associate Administrator, Office of Spectrum Management, National Telecommunications and Information Administration, to Dale N. Hatfield, Chief, Office of Engineering and Technology, Federal Communications Commission, re: Memorandum
• 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
  • release of the Public Notice announcing the close of bidding. All auction winners generally will b e required to make full payment of the balance of their winning bids within ten (10) business days following Public Notice that the Commission is prepared to award the license. 135. We note that we have proposed to adopt a late fee in Section 1.2109(a) in our Part 1 proceeding, to permit auction winners to make their final payments 10 business days after the payment deadline, provided that they also pay a late fee equal to five percent of the amount due. While we do not adopt the proposed late 242 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2373. 243 47 C.F.R.
• http://wireless.fcc.gov/auctions/31/releases/da000043.doc http://wireless.fcc.gov/auctions/31/releases/da000043.pdf http://wireless.fcc.gov/auctions/31/releases/da000043.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(g). We adopted a similar rule for the General Wireless Communications Service. See Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Second Report and Order, 11 FCC Rcd 624, 652-53, �� 71-73 (1995). 47 C.F.R. � 1.2104(e).
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://wireless.fcc.gov/auctions/31/releases/da001075.doc http://wireless.fcc.gov/auctions/31/releases/da001075.pdf http://wireless.fcc.gov/auctions/31/releases/da001075.txt
  • Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). Auction No. 31 Procedures Public Notice, 15 FCC Rcd at 2947. See 47 C.F.R. � 1.2104(i). See 47 C.F.R. � 1.2109(b), (c). Although our presumption is in favor of holding a new auction when a bidder defaults, we also have the option, in our discretion, to offer the license(s) to the other highest bidders (in descending order) at their final bids. See 47 C.F.R. � 1.2014(g)(2). Following this four-step approach may result in retaining both parts of an ``or'' bid. Such
• http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
  • the lesser of the subsequent winning bid and the defaulted bid.162 In contrast, the default rule for use with package bidding in the Upper 700 MHz bands 159 See Section IV.B.3, above. 160 47 C.F.R. � 27.501. With the exception of calculating default payments, the Commission's standard Part 1 rules governing defaults will apply in Auction No. 31, e.g., section 1.2109, which gives the Commission discretion to either reauction a license or offer it to other highest bidders. See 47 C.F.R. �27.501(a) (except as otherwise provided, Part 1 rules apply to defaults); 47 C.F.R. � 1.2109(b). 161 47 C.F.R. � 27.501(b). 162 47 C.F.R. � 1.2104(g)(2). - 45 - sets the additional payment at twenty-five percent (25%) of the lesser of
• http://wireless.fcc.gov/auctions/31/releases/fc000330.doc http://wireless.fcc.gov/auctions/31/releases/fc000330.pdf http://wireless.fcc.gov/auctions/31/releases/fc000330.txt
  • (filed June 9, 2000) (``Pekec/Rothkopf Comments''); Joint Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (``SBC/BellSouth Joint Comments'') and Attachment of Prof. Ronald M. Harstad (``Harstad Attachment'') (filed June 9, 2000); Comments of Verizon Wireless (filed June 9, 2000); and Joint Reply Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (filed June 16, 2000). See 47 C.F.R. � 1.2109(b). The Commission may also offer the license to the other highest bidders. Id. Auction No. 31 Package Bidding Comment Public Notice at 12. Id. Id. In an auction with package bidding, bidders seeking inconsistent sets of packages may be competing against each other. Whether the licenses are sold as one type of package or another depends on which set yields
• 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
  • Nor does Federal Communications Commission FCC 99-74 See Alegria I, Inc. 5 FCC Rcd 7309, 7311 (1990), aff'd, 947 F.2d 986 (D.C. Cir. 1991), citing Crosthwait v. FCC, 19 584 F.2d 550, 555 (D.C. Cir. 1978) (an applicant has no vested interest in the disqualification of a competing applicant). Pursuant to our general Part 1 auction rules, 47 C.F.R. �� 1.2109(c) and 1.2104(g)(2), and as we explained in the 20 First Report and Order, 13 FCC Rcd at 15956, if the high bidder is disqualified or defaults for any reason, the license would be offered to the second highest bidder (in this case the sole competing applicant) at its final bid. The defaulting high bidder would also be liable for the
• http://wireless.fcc.gov/auctions/33/releases/da000559.doc http://wireless.fcc.gov/auctions/33/releases/da000559.pdf http://wireless.fcc.gov/auctions/33/releases/da000559.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov w��� x��� ���� ���� ���� ���� ���� (c)��� ���� ���� ���� D��� E��� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� 6 6 ���� ���� "��� ����
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
• http://wireless.fcc.gov/auctions/33/releases/da001948.doc http://wireless.fcc.gov/auctions/33/releases/da001948.pdf http://wireless.fcc.gov/auctions/33/releases/da001948.txt
  • 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). a $ B � � � � � R� � �0� �`� �� �0� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z}
• 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
  • Payments. 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. ��1.2109 and 1.2107(b). 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
• http://wireless.fcc.gov/auctions/33/releases/da010437.doc http://wireless.fcc.gov/auctions/33/releases/da010437.pdf http://wireless.fcc.gov/auctions/33/releases/da010437.txt
  • Content-Transfer-Encoding: 8bit X X X X X X DA 01-437 February 16, 2001 John E. Mason Member Harbor Wireless, LLC 2420 Sand Hill Road Suite 101 Menlo Park, California 94025 Carl W. Northrop Daniel R. Ball Paul, Hastings, Janofsky & Walker, LLP 1299 Pennsylvania Avenue, NW 10 Floor Washington, DC 20004 Re: Harbor Wireless LLC Request for Waiver of Section 1.2109(b) of the Commission's Rules (Auction No. 33) Dear Messrs. Mason, Northrop, and Ball: This letter responds to the Request for Waiver and Supplement To Request for Waiver filed by Harbor Wireless, LLC (``Harbor''). Harbor seeks a waiver of Section 1.2109(b) of the Commission's rules, which permits the Commission to offer a license to the next highest bidders (in descending order)
• 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
  • 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 through 69),
• http://wireless.fcc.gov/auctions/34/releases/da000667.doc http://wireless.fcc.gov/auctions/34/releases/da000667.pdf http://wireless.fcc.gov/auctions/34/releases/da000667.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). # $ ... � � � � � � � � � � � � f f f f f f f f f f f f f f f f f f f f f f f f f f f f
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
• 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
  • payments. 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. ��1.2109 and 1.2107(b). 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
• http://wireless.fcc.gov/auctions/35/releases/da000504.doc http://wireless.fcc.gov/auctions/35/releases/da000504.pdf http://wireless.fcc.gov/auctions/35/releases/da000504.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov ^ _ ' x��� y��� ���� ���� 4��� 5��� m��� n��� ���� ���� ���� ��� ��� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ���� ^ _
• http://wireless.fcc.gov/auctions/35/releases/da002038.doc http://wireless.fcc.gov/auctions/35/releases/da002038.pdf http://wireless.fcc.gov/auctions/35/releases/da002038.txt
  • nearest hundred; results above $10,000 are rounded to the nearest thousand. Multiple increment bids are not rounded according to the previously stated rounding rule; they are received, displayed, and stored by the Automated Auction System as non-rounded dollar amounts resulting from the following formula: Amount Bid = High Bid + (Bid Multiplier * Bid Increment). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov ! 0 � � � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� �������� ��[���PNG �!�R>^��S�S߿�"K�k������er4
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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 (`Auctions') Are
• 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
  • 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`� �����PNG >
• http://wireless.fcc.gov/auctions/35/releases/fc020099.pdf http://wireless.fcc.gov/auctions/35/releases/fc020099.txt
  • payment.45 In adopting its rules, the Commission has made clear that it has the discretion to retain on deposit up to twenty percent of the winning bid amount.46 Our default payment rules are intended to maintain the integrity of the auction 36 Id. at 5-6. 37 Id. at 5 (citing 47 U.S.C. � 309(j)(8)(C); 47 C.F.R. �� 1.2107(b)-(c), 1.2108(b)-(c), and 1.2109(a)). 38 Id. at 3-4, 6-7. 39 Id. at 3-4. 40 Id. at 4. 41 Id. at 7. 42 Id. 43 47 C.F.R. � 1.2107(b). 44 Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, Third Report
• http://wireless.fcc.gov/auctions/36/releases/da000668.doc http://wireless.fcc.gov/auctions/36/releases/da000668.pdf http://wireless.fcc.gov/auctions/36/releases/da000668.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). Q R � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z}
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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 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 � ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5
• 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
  • 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) and 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 will
• http://wireless.fcc.gov/auctions/37/releases/da002171.doc http://wireless.fcc.gov/auctions/37/releases/da002171.pdf http://wireless.fcc.gov/auctions/37/releases/da002171.txt
  • Other Procedural Issues, Auction No. 25, DA 99-1346, Public Notice, 14 FCC Rcd 10632 (1999); Supplemental Closed Broadcast Auction - Notice and Filing Requirements for Auction of Certain AM, FM, LPTV and TV Broadcast Construction Permits - Minimum Opening Bids and Other Procedural Issues, Auction No. 28, DA 99-2958, Public Notice (rel. December 23, 1999). See 47 C.F.R. � 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov � � ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � ��������
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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 or construction permits held by the applicant.
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • bid withdrawals on a single construction permit, within the same or subsequent auctions(s), the payment for each bid withdrawal will be calculated based on the sequence of bid withdrawals and 63 The Bureau retains the discretion to lower the minimum acceptable bid on such construction permits in the next round or in later rounds. 64 See 47 C.F.R. �� 1.2104(g), 1.2109. 30 the amounts withdrawn. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or any of the intervening subsequent withdrawn bids, in either the same or subsequent auctions(s), equals or exceeds that withdrawn bid. Thus, a bidder that withdraws a bid will not be responsible for any withdrawal payments if there is a
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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 Parte Purposes,''
• 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
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� ��
• 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
  • 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 be
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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 E. Hoffmann,
• 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
  • 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 be
• http://wireless.fcc.gov/auctions/39/releases/da011871.doc http://wireless.fcc.gov/auctions/39/releases/da011871.pdf http://wireless.fcc.gov/auctions/39/releases/da011871.txt
  • 6 p.m. ET. Closed all government holidays. All calls to the FCC Technical Support Hotline are This Public Notice addresses only VPC applications. Location and Monitoring Service applications filed with respect to Auction No. 39 will be addressed separately. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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: http://www.fcc.gov ftp.fcc.gov News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � F
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://wireless.fcc.gov/auctions/40/releases/da012262.pdf http://wireless.fcc.gov/auctions/40/releases/da012262.txt
  • 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 Block Broadband
• http://wireless.fcc.gov/auctions/40/releases/da012418.pdf http://wireless.fcc.gov/auctions/40/releases/da012418.txt
  • 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 no effect
• http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
  • 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 will
• 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
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• 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
  • 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 Communications Services
• 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
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�%
• http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
  • 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 will
• http://wireless.fcc.gov/auctions/42/releases/da012349.pdf http://wireless.fcc.gov/auctions/42/releases/da012349.txt
  • 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 to June
• http://wireless.fcc.gov/auctions/42/releases/da012507.pdf http://wireless.fcc.gov/auctions/42/releases/da012507.txt
  • 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 Communication Service,
• http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
  • 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.3 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).4 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 will be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).5 If applicable, a partially completed copy of the FCC Form 159
• 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
  • 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, Notice of Proposed Rulemaking and Order, 11 FCC Rcd 4930,
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
  • bidders most efficiently to allocate their resources as well as to evaluate their bidding strategies and business plans during an auction while, at the same time, maintaining the integrity of the 86 The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. 87 See 47 C.F.R. �� 1.2104(g), 1.2109. 35 auction process. The Bureau retains the discretion to scrutinize multiple bid withdrawals on a single license for evidence of anti-competitive strategic behavior and take appropriate action when deemed necessary. In the Part 1 Fifth Report and Order, the Commission modified Section 1.2104(g)(1) of the rules regarding assessments of interim bid withdrawal payments.88 As amended, Section 1.2104(g)(1) provides that in
• http://wireless.fcc.gov/auctions/43/releases/da012902.pdf http://wireless.fcc.gov/auctions/43/releases/da012902.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). 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 participating in
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • 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 will
• http://wireless.fcc.gov/auctions/44/releases/da020200.pdf http://wireless.fcc.gov/auctions/44/releases/da020200.txt
  • of an auction. The Commission noted, however, that, in some instances, bidders may seek to withdraw bids for improper reasons. The Bureau, therefore, has discretion, in managing the auction, to limit the number of withdrawals to prevent any bidding abuses. The Commission 19 See Section II(D) "Information Regarding Bid Withdrawal and Bid Removal," infra. 20 See 47 C.F.R. �� 1.2104(g), 1.2109. 10 stated that the Bureau should assertively exercise its discretion, consider limiting the number of rounds in which bidders may withdraw bids, and prevent bidders from bidding on a particular market if the Bureau finds that a bidder is abusing the Commission's bid withdrawal procedures.21 Applying this reasoning, we propose to limit each bidder in Auction No. 44 to withdrawing
• http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
  • for Auction No. 44 will be available before and during the auction. Thus, bidders will know in advance of this auction the identities of the bidders against which they are bidding. 143 The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. 144 See 47 C.F.R. �� 1.2104(g), 1.2109. 145 See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15; 47 C.F.R. � 1.2104(g)(1). 146 See Part 1 Fifth Report and Order, 15 FCC Rcd at 15302, � 15. 39 8. Auction Announcements The FCC will use auction announcements to announce items such as schedule changes and stage transitions. All FCC auction announcements will be
• http://wireless.fcc.gov/auctions/44/releases/da021346.pdf http://wireless.fcc.gov/auctions/44/releases/da021346.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, 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) 414-1255 (TTY).
• http://wireless.fcc.gov/auctions/45/releases/da020265.pdf http://wireless.fcc.gov/auctions/45/releases/da020265.txt
  • all licenses after the first round in which no new acceptable bids, proactive waivers, or withdrawals are received. Thus, unless circumstances dictate otherwise, bidding will remain open on all licenses until bidding stops on every license. However, the Bureau proposes to retain the discretion to exercise any of the following options during Auction No. 45: 19 47 C.F.R. �� 1.2104(g), 1.2109. 20 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 21 47 C.F.R. � 1.2104(e). 9 1. Utilize a modified version of the simultaneous stopping rule. The modified stopping rule would close the auction for all licenses after the first round in which no bidder submits a proactive waiver, withdrawal, or a new bid on any
• http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
  • of the auction process. The Bureau retains the discretion to scrutinize multiple bid withdrawals on a single license for evidence of anti-competitive strategic behavior and take appropriate action when deemed necessary. 76 The Bureau retains the discretion to lower the minimum acceptable bid on such licenses in the next round or in later rounds. 77 See 47 C.F.R. �� 1.2104(g), 1.2109. 28 In the Part 1 Fifth Report and Order, the Commission modified Section 1.2104(g)(1) of the rules regarding assessments of interim bid withdrawal payments.78 As amended, Section 1.2104(g)(1) provides that in instances in which bids have been withdrawn on a license that is not won in the same auction, the Commission will assess an interim withdrawal payment equal to 3
• http://wireless.fcc.gov/auctions/45/releases/da020965.pdf http://wireless.fcc.gov/auctions/45/releases/da020965.txt
  • 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, subject to
• http://wireless.fcc.gov/auctions/45/releases/da021147.pdf http://wireless.fcc.gov/auctions/45/releases/da021147.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, 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. $12,000.00 12,000
• http://wireless.fcc.gov/auctions/45/releases/da021221.pdf http://wireless.fcc.gov/auctions/45/releases/da021221.txt
  • to deny Paris' waiver request, reject Paris' application, and find Paris not qualified to bid with respect to any license in Auction No. 45 based on that determination. If the Bureau ultimately denies Paris' waiver request, Paris would be 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). For additional information regarding this Public Notice, please contact Denise Coca, Legal Branch, Auctions Industry and Analysis Division, at (202) 418-0660, or Barbara Sibert, Auctions Operations Branch, Auctions Industry and Analysis Division, at (717) 338-2888. For technical matters regarding on- line access to FCC Form 175, contact FCC Technical Support at
• http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
  • 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.3 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).4 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 will be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).5 If applicable, a partially completed copy of the FCC Form 159
• http://wireless.fcc.gov/auctions/46/releases/da021257.pdf http://wireless.fcc.gov/auctions/46/releases/da021257.txt
  • bidding closes simultaneously on all licenses. Bidding will close simultaneously on all licenses after the first round in which no new acceptable bids, proactive waivers, or withdrawals are received. Thus, unless circumstances dictate otherwise, bidding will remain open on all licenses until bidding stops on every license. 23 See Section I.C. "Activity Rules," supra. 24 See 47 C.F.R. �� 1.2104(g), 1.2109. 25 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 26 See 47 C.F.R. � 1.2104(e). 11 However, the Bureau proposes to retain the discretion to exercise any of the following options during Auction No. 46: 1. Utilize a modified version of the simultaneous stopping rule. The modified stopping rule would close the auction for all
• http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
  • bid. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R. � 1.2109(d). F. Refund of Remaining Upfront Payment Balance All applicants that submitted upfront payments but were not winning bidders for the license in Auction No. 46 may be entitled to a refund of their remaining upfront payment balance after the conclusion of the auction. All refunds will be returned to the payer of record, as identified on the FCC Form 159,
• http://wireless.fcc.gov/auctions/61/comments/HavTvlAclThlfiled.pdf
  • FCC had a clear obligation under its rule Section 1.106(j)5 and under the related Section 405 of the Communications Act, to decide upon this PSI Petition within 90 days, which was January 12, 2005. No party petitioned to deny the Forms 601 of ACL and TCL, and these entities made "full and timely payment of winning bids" per rule Sec. 1.2109, which states that ". . . Licenses will be awarded upon the full and timely payment of winning bids and any applicable late fees." However, the subject licenses were not, after such full and timely payment, awarded. The reason, as noted to Commenters by Bureau staff (Mr. Scott Stone and Mr. Howard Davenport), that it has not decided upon the
• 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
  • 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 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). � ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @& @& ���0 $ l l
• 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
  • 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 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). � � � � � � � � � � � � � � � ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @&
• 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
  • of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) it will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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 or construction permits held by the applicant.
• 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
  • � 73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permit to the winning bidder, if the application is uncontested. Within ten business days after the date of that public notice, the uncontested winning bidder will be required to make full payment of the balance of its winning bid. See 47 C.F.R. ��1.2109 and 73.5003(c). A broadcast construction permit will be granted by the Commission following the receipt of full payment. 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 be accepted. All payments must be accompanied by a completed FCC
• http://wireless.fcc.gov/auctions/82/releases/da012605.pdf http://wireless.fcc.gov/auctions/82/releases/da012605.txt
  • simultaneous stopping rule means that all construction permits remains open until the first round in which no new acceptable bids, proactive waivers, or withdrawals are received. After the first such round, bidding closes simultaneously on all construction permits. Thus, unless circumstances dictate otherwise, bidding would remain open until bidding stops on all construction permits. 13 See 47 C.F.R. �� 1.2104(g), 1.2109. 14 Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 15 See 47 C.F.R. � 1.2104(e). 9 However, the Bureaus propose to retain the discretion to exercise any of the following options during Auction No. 82: 1. Utilize a modified version of the simultaneous stopping rule. The modified stopping rule would close the auction for all
• http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
  • 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 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.16 Auction Discount Voucher: On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable Auction Discount Voucher ("ADV") in the amount of
• http://wireless.fcc.gov/auctions/82/releases/da020355.pdf http://wireless.fcc.gov/auctions/82/releases/da020355.txt
  • 73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits to the winning bidders, if the application is uncontested.2 Within ten business days after the date of that public notice, the uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. �� 1.2109 and 73.5003(c). Broadcast construction permits 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
• http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.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). 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 ID: 0821455127
• 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
  • 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 Public
• http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.wp
  • 154(i) and 309(d), and section 24.830(a)(3) of the Commission's rules, 47 C.F.R. � 24.830(a)(3), the Petition to Deny filed on March 21, 1997, by Mercury PCS II, LLC, IS DENIED. 10. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 309(d), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(d), and 309(j), and sections 1.2109, 24.708, and 24.716 of the Commission's rules, 47 C.F.R. �� 1.2109, 24.708, and 24.716, the applications of High Plains Wireless, L.P. set forth in the Appendix are GRANTED conditioned on High Plains Wireless, L.P.'s compliance with the payment provisions set forth in the Public Notice dated April 28, 1997 granting the broadband PCS D, E, and F block licenses. Grant
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf
  • its role as a "lender." The Commission decided not to offer an installment payment program to bidders in two upcoming auctions, 800 MHz SMR and LMDS. The 49 Commission is also reviewing whether to proceed with installment payments in other planned auctions. Default and Bankruptcy Issues FCC REPORT TO CONGRESS ON SPECTRUM AUCTIONS PAGE 30 See, e.g., 47 C.F.R. � 1.2109(c) and � 1.2110(e)(4)(iii). 50 See, e.g., Letters from the FCC Commissioners (1) to the Honorable Orrin G. Hatch and the Honorable Patrick 51 J. Leahy; and (2) to the Honorable Henry J. Hyde and the Honorable John Coners, Jr., both dated September 17, 1997; Letter from FCC Chairman Reed E. Hundt to the Honorable Pete Domenici and the Honorable John
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=23&page=O
  • TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 23 [43]FCC Site Map Auction 23 Local Multipoint Distribution Service (LMDS) Re-Auction Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Orders 3/17/2000 ORDER (DA 00-556) In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c),1.2104(g) and 101.1105(b) of the Commission?s Rules Regarding BTA117, BTA122, BTA203,BTA215, BTA218, BTA287, BTA317, BTA328,BTA330, BTA335, BTA375 and BTA416 This Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc. [47]pdf - [48]text - [49]Word Attachment A: [50]xls Attachment B: [51]text - [52]Word 8/27/1999 ORDER (DA
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=25&page=O
  • of Winstar Broadcasting Corp. for a Construction Permit for a New Television Station on Channel 21, Virginia Beach, Virginia This Order denies a Petition for Reconsideration filed by Robert Copeland seeking reconsideration of the Commission's decision to offer Copeland, as the next highest bidder, a construction permit at his final bid, and denies Copeland's request for a waiver of Section 1.2109(c) of the Commission's rules. [47]pdf - [48]Word 8/7/2000 MEMORANDUM OPINION AND ORDER (DA 00-1537) Application of Ramona Lee Hayes-Bell for A New FM Construction Permit on Channel 236A at Pahrump, Nevada This Memorandum Opinion and Order addresses a petition for reconsideration filed on November 22, 1999 by Pahrump Valley Broadcasters, Inc. Petitioner seeks reconsideration of a decision by the WTB
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=3&page=P
  • Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules This Public Notice provides guidance regarding the Commission's anti-collusion rules, is meant to serve as a guideline for all auctions. [50]text 2/3/1995 PUBLIC NOTICE (REPORT CN-95-7) Personal Communications Service Information Narrowband - Regional This Public Notice grants five applications, on the condition that the remaining balance is paid in accordance with Section 1.2109 of the Commission's rules [51]text 1/20/1995 REPORT (CN-95-3 ) Personal Communications Service Information Narrowband - Regional The WTB granted ten applications today, on the condition that the remaining balance is paid by the due date. [52]text 11/29/1994 PUBLIC NOTICE (PNWL 94-31) FCC Announces the Receipt Of Down Payments From the High Bidders In the Auction Of 30 Regional Narrowband PCS
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=33&page=L
  • Spectrum, LLC based on the closing of Auction No. 38. [53]pdf - [54]text - [55]Word 6/1/2001 LETTER (DA 01-1338) Letter addressed to Alfred R. Ittner Motorola Spectrum, Inc. This letter assesses withdrawal payment(s) from Motorola based on the closing of Auction No. 38. [56]pdf - [57]text - [58]Word 2/16/2001 LETTER (DA 01-437) Harbor Wireless LLC Request for Waiver of Section 1.2109(b) of the Commission's Rules (Auction No. 33) This letter denies Harbor's Request for Waiver and Supplement to Request for Wavier. [59]pdf - [60]text - [61]Word Go to an Auction: [33: Upper 700 MHz Guard......][62] Go . Release Types [63]Public Notices [64]Orders Letters [65]News Releases [66]Return to Top Arrow Return To Top [67]FCC Home [68]Search [69]RSS [70]Updates [71]E-Filing [72]Initiatives [73]Consumers [74]Find
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=34&page=O
  • ORDER ON RECONSIDERATION (DA 10-1125) Silver Palm Communications, Inc. Request is Denied for reconsideration of Division-level Order declining to grant Silver Palm a waiver of the final payment deadline for licenses it won in Auction 34. [47]pdf - [48]Word 2/16/2007 ORDER (DA 07-735) In the Matter of Silver Palm Communications, Inc. The WTB denied a request for waiver of Section 1.2109 of the Commission's rules filed by Silver Palm Communications, Inc., the winner of ten 800 MHz Specialized Mobile Radio licenses in Auction No. 34. [49]pdf - [50]Word 8/9/2002 LETTER (DA 02-1993) Mr. Charles M. Austin, Preferred Acquisitions, Inc. This letter provides Preferred Acquisitions with notice of its debt to the United States due to its withdrawal of high bids in
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=35&page=O
  • [58]text - [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
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=37&page=L
  • Default Payment Obligation for Auction No. 37 Provided notice of the interim default payment obligation for College Creek Broadcasting, Inc. with respect to its default arising out of a Commission auction of FM broadcast construction permits. [50]pdf - [51]Word 6/18/2007 LETTER (DA 07-2664) Letter to Mr. Marcus D. Jones, President, Owensville Communications, LLC; Response to Request for Waiver of Section 1.2109(a) of the Commission's Rules This letter denies the request of Owensville Communications, LLC for waiver of Section 1.2109(a) of the Commission's rules (Auction No. 37). [52]pdf - [53]Word 4/16/2007 LETTER (DA 07-1731) Final Default Payment for Auction No. 37, In Vibration, Inc [54]pdf - [55]Word 4/16/2007 LETTER (DA 07-1735) Final Default Payment for Auction No. 37, Spearman Properties, LLC [56]pdf
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=37&page=O
  • requests seeking relief from bid withdrawal payment obligations incurred under Section 1.2104(g) of the Commission's rules as a result of withdrawing provisionally winning bids in Auction No. 37. [54]pdf - [55]Word 10/22/2007 ORDER (DA 07-4367) Advance Acquisition, Inc., Request for Waiver of Bid Withdrawal Payment [56]pdf - [57]Word 2/27/2007 MEMORANDUM OPINION AND ORDER (DA 07-880) Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section 1.2109(b) of the Commission's Rules In this order the Auctions and Spectrum Access Division denies waiver requests of three unsuccessful bidders, Glory Communications, Inc., Jeremy Itz and 2510 Licenses, LLC, for award of FM station construction permits of Auction Nos. 37 & 62. [58]pdf - [59]Word 2/7/2007 MEMORANDUM OPINION
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=39&page=O
  • tribal land bidding credit requirements for Auction 39 LMS licenses, or, in the alternative, extend the deadline to submit the tribal land bidding credit certifications. [47]pdf - [48]Word 3/1/2007 ORDER (DA 07-939) In the Matter of PCS Partners, L.P., Petition for Waiver and Request for Refund This Order denies the request of PCS Partners, L.P. for a waiver of Section 1.2109(a) of the Commission's rules, which required it to pay the outstanding balance of its winning bids for 32 licenses won in Auction No. 39. [49]pdf - [50]Word 10/11/2002 ORDER (DA 02-2631) Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum This Order denied both the petition for reconsideration and the request for stay. [51]pdf - [52]text
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=44&page=L
  • Milkyway Broadband, LLC This letter assesses the final bid withdrawal payment for Auction No. 44. [53]pdf - [54]Word 9/5/2003 LETTER (DA 03-2801) Letter to Mr. Vincent D. McBride, Managing Partner This letter refunds McBride Spectrum $3,043 withheld in connection with licenses in Auction No. 44. [55]pdf - [56]Word 5/16/2003 LETTER (DA 03-1719) Banks Broadcasting, Inc. Request for Waiver of Section 1.2109(b) of the Commission's Rules This letter denies the Request for Waiver filed by Banks Broadcasting Inc. [57]pdf - [58]Word 8/26/2002 LETTER (DA 02-2089) Letter to Mr. A. Richard Burke, Executive Manager, Special Wireless Projects, Office of the Chief Technology Officer, Government of the District of Columbia This letter denies the request filed by the Office of the Chief Technology Officer
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=44&page=O
  • [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 44 [43]FCC Site Map Auction 44 Lower 700 MHz Band Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Orders 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1285) WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules The WTB, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's rules [47]pdf - [48]Word 11/3/2003 SECOND ORDER ON RECONSIDERATION OF THE THIRD REPORT AND ORDER (FCC 03-236) Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=49&page=L
  • for Auction No. 49, McBride Spectrum Partners II, LLC [53]pdf - [54]Word 10/31/2006 LETTER (DA 06-2177) Final Bid Withdrawal Payment for Auction No. 49, Viacel Corporation [55]pdf - [56]Word 6/12/2003 LETTER (DA 03-1944) Patrick Shannon, Esq./Lynch 3G Communications Corporation This letter granted Lynch's waiver request. [57]pdf - [58]Word 5/16/2003 LETTER (DA 03-1719) Banks Broadcasting, Inc. Request for Waiver of Section 1.2109(b) of the Commission's Rules This letter denies the Request for Waiver filed by Banks Broadcasting Inc. [59]pdf - [60]Word Go to an Auction: [49: Lower 700 MHz Band.......][61] Go . Release Types [62]Public Notices [63]Orders Letters [64]Return to Top Arrow Return To Top [65]FCC Home [66]Search [67]RSS [68]Updates [69]E-Filing [70]Initiatives [71]Consumers [72]Find People General Auctions Information [73]Licensing, Technical Support and
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=6&page=O
  • Montana Basic Trading Area, MDB064, Order, adopted September 11, 2006 This Order grant Big Sky Wireless Partnership a nunc pro tunc waiver of Section 1.2110(g)(4)(iv) of the Commission's rules with respect to automatic cancellation of a BRS license for the Butte, Montana BTA. [73]pdf - [74]Word 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1285) WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules The WTB, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's rules [75]pdf - [76]Word 2/3/2006 ORDER (DA 06-279) In the Matter of Leaco Rural Telephone Cooperative, Inc. Request for Waiver and Reinstatement of Broadband Radio Service Authorization for the Hobbs, New Mexico Basic Trading Area,
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=62&page=O
  • Matter of Lotus Communications Corporation; The Wireless Telecommunications Bureau dismissed a Petition for Reconsideration filed by Lotus Communications Corporation concerning an apparent violation of the Commission's competitive bidding anti-collusion rule [50]pdf - [51]Word 5/7/2007 MEMORANDUM OPINION AND ORDER (DA 07-2016) Kankakee Valley Broadcasting Co., Inc. [52]pdf - [53]Word 2/27/2007 MEMORANDUM OPINION AND ORDER (DA 07-880) Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section 1.2109(b) of the Commission's Rules In this order the Auctions and Spectrum Access Division denies waiver requests of three unsuccessful bidders, Glory Communications, Inc., Jeremy Itz and 2510 Licenses, LLC, for award of FM station construction permits of Auction Nos. 37 & 62. [54]pdf - [55]Word 1/23/2006 ORDER (DA
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=73&page=L
  • 08-95) Bernard E. Klein Re: Sonar Radio Corporation Application to Participate in Auction 73 - Request For Waiver of Upfront Payment Deadline Denied Sonar Radio Corporation's request for waiver of the upfront payment deadline for Auction 73. [99]pdf - [100]Word 1/7/2008 LETTER (DA 08-40) Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the default payment rule. [101]pdf - [102]Word 12/26/2007 LETTER (DA 07-5100) Frontier Wireless LLC Application to Participate in Auction No. 73, Request for Waiver [103]pdf - [104]Word Go to an Auction: [73: 700 MHz Band.............][105] Go . Release Types [106]Public Notices
• http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2006
  • experiments examining the performance properties of the Commission's simultaneous multiple round spectrum license auction formats with and without combinatorial bidding. The economic experiments were conducted pursuant to the experimental design study on which we sought comment in May 2005 [161]pdf - [162]Word Report: [163]pdf Data: [164]zip 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1285) WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules The WTB, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's rules [165]pdf - [166]Word 4/25/2006 REPORT AND ORDER (FCC 06-52) Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Second Report and Order and Second Further Notice
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1995&m=2
  • of the Commissions Rules to Adopt Regulations for Automatic Vehicle Monitoring Systems This Order establishes rules governing the licensing of the Location and Monitoring Service (LMS). [45]pdf 2/3/1995 PUBLIC NOTICE (REPORT CN-95-7) Auction [46]3 Personal Communications Service Information Narrowband - Regional This Public Notice grants five applications, on the condition that the remaining balance is paid in accordance with Section 1.2109 of the Commission's rules [47]text Go to an Auction: [Select an Auction............][48] Go . Available Months [49]January February [50]March [51]April [52]May [53]June [54]July [55]August [56]September [57]October [58]November [59]December [60]Return to Top Arrow Return To Top [61]FCC Home [62]Search [63]RSS [64]Updates [65]E-Filing [66]Initiatives [67]Consumers [68]Find People General Auctions Information [69]Licensing, Technical Support and Website Issues [70]Auctions Contact Information - [71]Forgot Your
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2000&m=3
  • in the 929/931 MHZ Paging Auction (Auction No. 26) This Order denies an Emergency Petition for Reconsideration filed by Cook Telecom, Inc. seeking recession of a rule waiver granted to Pass Word, Inc. on February 15, 2000. [84]pdf - [85]text - [86]Word 3/17/2000 ORDER (DA 00-556) Auction [87]23 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c),1.2104(g) and 101.1105(b) of the Commission?s Rules Regarding BTA117, BTA122, BTA203,BTA215, BTA218, BTA287, BTA317, BTA328,BTA330, BTA335, BTA375 and BTA416 This Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc. [88]pdf - [89]text - [90]Word Attachment A: [91]xls Attachment B: [92]text - [93]Word 3/17/2000 PUBLIC NOTICE
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2001&m=2
  • associated bidding units for the 352 FM broadcast construction permits being offered in Auction No. 37. (Note: this attachment has been updated to reflect the change.) [74]pdf - [75]text - [76]Word [77]See PN DA 01-479 for removal of one FM broadcast Construction permit Attachment A: [78]xls 2/16/2001 LETTER (DA 01-437) Auction [79]33 Harbor Wireless LLC Request for Waiver of Section 1.2109(b) of the Commission's Rules (Auction No. 33) This letter denies Harbor's Request for Waiver and Supplement to Request for Wavier. [80]pdf - [81]text - [82]Word 2/16/2001 PUBLIC NOTICE (DA 01-447) Auction [83]37 Auction for FM Broadcast Construction Permits Scheduled for May 9, 2001, Pre-Auction Seminar Reminder (Wednesday, March 7, 2001) This notice announces the pre-auction seminar for the FM Broadcast
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2001&m=7
  • & Fees 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
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2003&m=5
  • Bands (Auction No. 48) and announces the winning bidders. [45]pdf - [46]Word Attachment A: [47]pdf Attachment B: [48]pdf Attachment C: [49]pdf Attachment D: [50]pdf Attachment E: [51]pdf Attachment F: [52]pdf - [53]Word Attachment G: [54]pdf - [55]Word Attachment H: [56]pdf - [57]Word Supplemental File: [58]pdf 5/16/2003 LETTER (DA 03-1719) Auction [59]44, [60]49 Banks Broadcasting, Inc. Request for Waiver of Section 1.2109(b) of the Commission's Rules This letter denies the Request for Waiver filed by Banks Broadcasting Inc. [61]pdf - [62]Word 5/13/2003 PUBLIC NOTICE (DA 03-1565) Auction [63]49 Auction of Licenses for Lower 700 MHz Band This notice identifies 56 applicants found to be qualified to bid in Auction No. 49. [64]pdf - [65]Word Attachment A: [66]pdf Attachment B: [67]pdf Attachment C:
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2005&m=1
  • of Winstar Broadcasting Corp. for a Construction Permit for a New Television Station on Channel 21, Virginia Beach, Virginia This Order denies a Petition for Reconsideration filed by Robert Copeland seeking reconsideration of the Commission's decision to offer Copeland, as the next highest bidder, a construction permit at his final bid, and denies Copeland's request for a waiver of Section 1.2109(c) of the Commission's rules. [45]pdf - [46]Word 1/26/2005 Public Notice (DA 05-171) Auction [47]60 Auction of Lower 700 MHz Band Licenses Scheduled for July 20, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Procedures for Auction No. 60 The WTB announces the auction of five licenses in the Lower 700 MHz band, block C (710-716/740-746) to
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2006&m=6
  • 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 2006 [43]FCC Site Map Auctions Releases for June 2006 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1285) Auction [44]44 WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules The WTB, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's rules [45]pdf - [46]Word 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1281) Auction [47]66 Re: Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures; WTB Clarifies, on its
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2007&m=2
  • II. [45]pdf - [46]Word 2/27/2007 SECOND ORDER ON RECONSIDERATION (DA 07-871) Auction [47]56 In the Matter of FlexCom Mobile, LLC This Order denies the August 19, 2002 Petition for Further Reconsideration ("Further Recon Petition"), filed on behalf of FlexCom Mobile, LLC ("FlexCom"). [48]pdf - [49]Word 2/27/2007 MEMORANDUM OPINION AND ORDER (DA 07-880) Auction [50]37, [51]62 Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for Discretionary Implementation of Section 1.2109(b) of the Commission's Rules In this order the Auctions and Spectrum Access Division denies waiver requests of three unsuccessful bidders, Glory Communications, Inc., Jeremy Itz and 2510 Licenses, LLC, for award of FM station construction permits of Auction Nos. 37 & 62. [52]pdf - [53]Word 2/26/2007 PUBLIC NOTICE
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2007&m=3
  • PCS Service The Commission dismisses in part and otherwise denies a Petition for Reconsideration filed by the law firm of Hill & Welch. [66]pdf - [67]Word 3/1/2007 ORDER (DA 07-939) Auction [68]39 In the Matter of PCS Partners, L.P., Petition for Waiver and Request for Refund This Order denies the request of PCS Partners, L.P. for a waiver of Section 1.2109(a) of the Commission's rules, which required it to pay the outstanding balance of its winning bids for 32 licenses won in Auction No. 39. [69]pdf - [70]Word Go to an Auction: [Select an Auction............][71] Go . Available Months [72]January [73]February March [74]April [75]May [76]June [77]July [78]August [79]September [80]October [81]November [82]December [83]Return to Top Arrow Return To Top [84]FCC Home [85]Search
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2007&m=6
  • Request that the Commission Disqualify a Bidder from Auction No. 72 This letter denies AMTS Consortium LLC's request to disqualify a bidder from the upcoming auction of 220 MHz Phase II licenses (Auction 72). [45]pdf - [46]Word 6/18/2007 LETTER (DA 07-2664) Auction [47]37 Letter to Mr. Marcus D. Jones, President, Owensville Communications, LLC; Response to Request for Waiver of Section 1.2109(a) of the Commission's Rules This letter denies the request of Owensville Communications, LLC for waiver of Section 1.2109(a) of the Commission's rules (Auction No. 37). [48]pdf - [49]Word 6/5/2007 LETTER (DA 07-2328) Auction [50]72 Request for Declaratory Ruling Concerning Implementation of Section 1.2105(b)(2) [51]pdf - [52]Word 6/5/2007 PUBLIC NOTICE (DA 07-2278) Auction [53]72 Auction of Phase II 220 MHz Service
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2008&m=1
  • Qualified to Participate in Auction 73 This Public Notice identifies 214 applicants found to be qualified to bid in the upcoming auction of 700 MHz Band licenses (Auction 73). [78]pdf - [79]Word Attachment A: [80]pdf Attachment B: [81]pdf 1/7/2008 LETTER (DA 08-40) Auction [82]73 Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the default payment rule. [83]pdf - [84]Word 1/2/2008 PUBLIC NOTICE (DA 08-13) Auction [85]73, [86]76 WTB Reminds 700 MHz Auction Applicants of Confidential Nature of Upfront Payment and Other Bidding-Related Information [87]pdf - [88]Word Go to an Auction: [Select an Auction............][89]
• http://wireless.fcc.gov/auctions/general/releases/DA-12-440.doc
  • 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See Letter from Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, and Roger S. Noel, Chief, Mobility Division, Wireless Telecommunications Bureau, to Spectrum Acquisitions, Inc., Attn: Alejandro J. Calderon, 23 FCC Rcd 14,088 (WTB/ASAD/MD 2008) (``SAI Letter''). See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). See 31 U.S.C. � 3701(b)(1). See SAI Letter, 23 FCC Rcd at 14,090; see also 47 C.F.R. � 1.2104(g)(2). See ``Auction of 700 MHz Band Licenses Closes, Winning Bidders Announced for Auction 92,'' Public Notice, DA 11-1269, rel. July 28, 2011 (WTB 2011). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 47 C.F.R. � 1.2104(g)(2)(i). 47 C.F.R � 1.2104(g)(2)(2007);
• http://wireless.fcc.gov/auctions/general/releases/DA-12-441.doc
  • and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See Letter from Rita Cookmeyer, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, to Golden Arrow Paging, Inc., c/o Foster Charitable Foundation, Inc., Attn: David L. Greenwald, (``Letter''), 22 FCC Rcd 14069 (WTB 2007). See 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). See 31 U.S.C. � 3701(b)(1). See also Letter, 22 FCC Rcd at 14073; see 47 C.F.R. � 1.2104(g)(2). We will apply $1,620.00 of the $1,770.00 assessed initial default payment toward the final default payment owed for these fifteen licenses. The balance of $150.00 will remain on deposit with the Commission until the final default payment for the remaining seven licenses
• http://wireless.fcc.gov/auctions/general/releases/DA-12-443.doc
  • the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations Center, Auctions Accounting Group, at (202) 418-0578. See Letter from Margaret Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, and Peter H. Doyle, Chief, Audio Division, Media Bureau, 23 FCC Rcd 1745 (2008) (``Letter Order''). 47 C.F.R. �� 1.2104(g)(2), 1.2109(b). 31 U.S.C. � 3701(b)(1). 47 C.F.R. � 1.2104(g)(2). See also Letter Order, 23 FCC Rcd at 1745. See Auction of FM Broadcast Construction Permits Closes: Winning Bidders Announced for Auction 79, Public Notice, 24 FCC Rcd 11903 (2009)(``Auction 79 Closing Public Notice''); Auction of FM Broadcast Construction Permits Closes: Winning Bidders Announced for Auction 91, Public Notice, DA 11-891 (
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 1.2104(g). 53 Part 1 Third Report and Order, 13 FCC Rcd at 427, � 90. 54 Id. 55 47 C.F.R. � 1.2107; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383, � 199; Part 1 Third Report and Order, 13 FCC Rcd at 420, � 77, 422, � 80. 56 47 C.F.R. � 1.2107(c). 57 47 C.F.R. � 1.2109(a); Part 1 Third Report and Order, 13 FCC Rcd at 428-29, �� 92, 95. 58 47 C.F.R. � 1.2110(g). In the Part 1 Third Report and Order, the Commission suspended the use of installment payments as a means of financing small businesses and other designated entities seeking to secure spectrum licenses. Part 1 Third Report and Order, 13 FCC Rcd
• 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
  • 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/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • of Section 1.2104(g)(2) relating to down payment and full payment defaulters are also applicable to installment payment defaulters. 39. Discussion. We clarify that licensees defaulting on installment payments ("installment payment defaulters") are not subject to Section 1.2104(g)(2). The automatic default provisions of Section 1.2110(f)(4) (redesignated herein as 1.2110(g)(4)) are adequate to discourage untimely installment payments. We note that while Section 1.2109(c) identifies types of defaulters that are subject to Section 1.2104(g)(2), the rule does not reference installment payment defaulters. Instead, installment payment defaults are covered by Section 1.2110(g)(4), as designated herein, which does not incorporate Section 1.2104(g)(2). As we noted in the Part 1 Third Report and Order, the risk of losing a license should provide most licensees with a strong
• http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
  • radio spectrum. See ``Murdoch Sees Satellites as Way to Keep News Corp. Current,'' New York Times C1, C7 (June 16, 2000). See SBT Comments at 18. See ``700 MHz Guard Band Auction Raises $519,892,575.00,'' News Release (Sept. 21, 2000). Additional information on the results of this auction may be found on the Commission's Auctions Web page: . See 47 C.F.R. �1.2109(e). See Cinergy Comments at 25; ComEd Comments at 26; Entergy Comments at 24; SCANA Comments at 26-27; SBT Comments at 19; Ameren Comments at 25; Boeing Reply Comments at 3; Blooston II Reply Comments at 11. See generally AWWA Comments at 9; PIRSC Comments at 18. See 700 MHz Second Report and Order, 15 FCC Rcd at 5319-21 �� 42-47.
• 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
  • to allow for "real time" bidding in simultaneous multiple round auctions. Whether to amend Section 1.2104 to specify that the Commission may establish minimum opening bids, rather than only suggested minimum opening bids. Whether to adopt for all auctionable services our broadband PCS rules governing bid withdrawal payments in the event of erroneous bids. Whether to retain or modify Section 1.2109(b), which concerns the Commission's options in the event a winning bidder defaults on its down payment. Whether to modify the anti-collusion rules set forth in Section 1.2105(c)(1) to permit an entity that has invested in an applicant that withdraws from an auction to invest in other applicants. Whether to permit all auction winners to begin construction of their systems, at
• 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
  • updated as necessary for subsequent auctions, instead of requiring resubmission of ownership information on each short-form and long-form application. Affirms our policy of refunding upfront payments before the end of the auction to bidders that lose eligibility to continue in the auction. Amends Section 1.2104(g) to apply uniform default rules to all auctionable services and all auction designs. Amends Sections 1.2109(a) and 1.2110(e) to permit auction winners who have submitted a timely down payment to submit their final payments on the licenses which they have won 10 business days after the applicable deadline, provided they also pay an appropriate late fee. Modifies our rules applicable to licensees currently paying for their licenses in installments to provide for one 90-day non-delinquency period
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • the application. (3) substantial and material issues of fact require a hearing, it will conduct a hearing. The Commission may permit all or part of the evidence to be submitted in written form and may permit employees other than administrative law judges to preside at the taking of written evidence. Such hearing will be conducted on an expedited basis. � 1.2109 License grant, denial, default, and disqualification. (a) Unless otherwise specified by public notice, auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following the release of a public notice establishing the payment deadline. If a winning bidder fails to pay the balance of its winning bids in a
• http://wireless.fcc.gov/index.htm?job=headlines&y=2006
  • Order in this Proceeding will be Implemented [582]pdf - [583]Word 6/16/2006 ERRATUM (DA 06-1280) Re: Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures; Erratum Corrects FCC 06-52, Second Report and Order [584]pdf - [585]Word [586]See FCC 06-52 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1285) WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules [587]pdf - [588]Word 6/15/2006 PUBLIC NOTICE (DA 06-1279) WTB Opens Filing Window for the Proposal to Develop and Manage the Clearinghouse that will Administer the Relocation Cost Sharing Plan for Licensees in the 2.1 GHz Bands [589]pdf - [590]Word 6/14/2006 PUBLIC NOTICE (DA 06-1245) America Movil, S.A.DE C.V., Verizon Communications, Inc., and Subsidiaries of Telecommunicaciones De
• http://wireless.fcc.gov/index.htm?job=headlines&y=2007
  • 6/25/2007 LETTER (DA 07-2791) Request for Waiver of the Analog Service Requirement [447]pdf - [448]Word 6/19/2007 LETTER (DA 07-2709) Response to AMTS Consortium, LLC, Concerning Request that the Commission Disqualify a Bidder from Auction No. 72 [449]pdf - [450]Word 6/18/2007 LETTER (DA 07-2664) Letter to Mr. Marcus D. Jones, President, Owensville Communications, LLC; Response to Request for Waiver of Section 1.2109(a) of the Commission's Rules [451]pdf - [452]Word 6/15/2007 NEWS RELEASE FCC Maintains February 18, 2008 Sunset of Cellular Licensee Analog Service Requirement [453]pdf - [454]Word 6/15/2007 MEMORANDUM OPINION AND ORDER (FCC 07-103) Sunset of the Cellular Radiotelephone Service Analog Service Requirement and Related Matters [455]pdf - [456]Word Statement of Commissioner Copps: [457]pdf - [458]Word Statement of Commissioner Adelstein: [459]pdf -
• http://wireless.fcc.gov/index.htm?job=headlines&y=2008
  • Distribution Service (LMDS) Seeking Waivers of Section 101.1011 of the Commission's Rules and Extensions of Time to Construction and Demonstrate Substantial Service [733]pdf - [734]Word Appendix A: [735]pdf - [736]Word Appendix B: [737]pdf - [738]xls Appendix C: [739]pdf - [740]xls 1/7/2008 LETTER (DA 08-40) Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules [741]pdf - [742]Word 1/2/2008 PUBLIC NOTICE (DA 08-13) WTB Reminds 700 MHz Auction Applicants of Confidential Nature of Upfront Payment and Other Bidding-Related Information [743]pdf - [744]Word [745]FCC Home [746]Search [747]RSS [748]Updates [749]E-Filing [750]Initiatives [751]Consumers [752]Find People [753]Licensing, Technical Support and Website Issues - [754]Forgot Your Password? - [755]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal
• http://wireless.fcc.gov/releases/da011302.doc http://wireless.fcc.gov/releases/da011302.pdf
  • to grant applications for eleven (11) licenses to winning bidders in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction 35), provided that each applicant made full and timely payment of the remaining balance of its winning bid. The final payment deadline was May 4, 2001. The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for ten (10) licenses. Additionally, NTCH, Inc. (``NTCH''), which was not listed among the applicants on the Prepared to Grant PN, paid the full remaining balance of its winning bids on May 7, 2001. Accordingly, by this Public Notice, we announce the grant of the seventeen (17) C and F Block Broadband PCS licenses listed in
• http://wireless.fcc.gov/releases/da012866.pdf
  • licenses, respectively, to winning bidders in the C and F Block Broadband Personal Communications Services (PCS) Auction (Auction No. 35), provided that each applicant made full and timely payment of the remaining balance of its winning bid(s).1 The final payment deadlines were November 28, 2001 and December 6, 2001.2 The Commission received full and timely payment, as required by Section 1.2109(a) of the Commission's rules, for twelve (12) licenses. Accordingly, by this Public Notice, we announce the grant of the twelve (12) C and F Block Broadband PCS licenses listed in Attachment A. We grant these licenses pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(a), and Section 0.331 of the Commission's Rules, 47
• http://wireless.fcc.gov/releases/da02508.pdf http://wireless.fcc.gov/releases/da02508.txt
  • is prepared to grant the fifteen (15) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 18, 2002). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by April 1, 2002), provided that it also pays a late fee equal to five percent
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=23
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=23T his feed provides releases, keys dates and auction results for Auction 23. en-usTue, 06 Dec 2005 09:57:08 EST http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=23 http://wireless.fcc.gov/auctions/default.htm?job=release&id=84&y=2006Tu e, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=90&y=200 6Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=94&y=200 6Tue, 31 Oct 2006 05:00:00 GMTThis Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc.http://wireless.fcc.gov/auctions/default.htm?job=release&id=153&y=2 000Fri, 17 Mar 2000 05:00:00 GMTThis Order denies Grand Connectivity's waiver request, assesses an initial default payment, and returns the remaining portion of Grand Connectivity's upfront payment.http://wireless.fcc.gov/auctions/default.htm?job=release&id=87& y=1999Fri, 27 Aug 1999 04:00:00 GMTThis Order denies five petitions for reconsideration of an earlier Order denying ten requests
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=25
  • feed provides releases, keys dates and auction results for Auction 25. en-usTue, 06 Dec 2005 09:57:22 EST http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=25 This Order denies a Petition for Reconsideration filed by Robert Copeland seeking reconsideration of the Commission's decision to offer Copeland, as the next highest bidder, a construction permit at his final bid, and denies Copeland's request for a waiver of Section 1.2109(c) of the Commission's rules. http://wireless.fcc.gov/auctions/default.htm?job=release&id=14&y=2005Th u, 27 Jan 05 09:57:23 ESTThis letter denies the Petition for Reconsideration and Waiver filed by Delta.http://wireless.fcc.gov/auctions/default.htm?job=release&id=89&y= 2002Tue, 27 Aug 02 09:57:23 ESTThis Public Notice announces that the Commission is prepared to grant the construction permit application after final payment is made.http://wireless.fcc.gov/auctions/default.htm?job=release&id=103&y= 2001Tue, 19 Jun 01 09:57:24 ESTThis Public Notice corrects the June 5, 2001
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=3
  • the revised Part 1 rules governing grace periods and installment payments.http://wireless.fcc.gov/auctions/default.htm?job=release&id=8& y=1998Fri, 18 Sep 1998 04:00:00 GMTThis Public Notice provides guidance regarding the Commission's anti-collusion rules, is meant to serve as a guideline for all auctions.http://wireless.fcc.gov/auctions/default.htm?job=release&id=53 &y=1995Thu, 26 Oct 1995 04:00:00 GMTThis Public Notice grants five applications, on the condition that the remaining balance is paid in accordance with Section 1.2109 of the Commission's ruleshttp://wireless.fcc.gov/auctions/default.htm?job=release&id=62&y=1 995Fri, 03 Feb 1995 05:00:00 GMTThe FCC grants ten of the thirty regional narrowband licenses offered during the auction held October 26 through November 8, 1994.http://wireless.fcc.gov/auctions/default.htm?job=release&id=44&y=1 995Mon, 23 Jan 1995 05:00:00 GMTThe Wireless Telecommunications Bureau granted ten applications today, on the condition that the remaining balance is paid by the due date.http://wireless.fcc.gov/auctions/default.htm?job=release&id=45&y=1 995Fri, 20 Jan 1995
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=34
  • results for Auction 34. en-usWed, 23 Jun 2010 04:00:00 GMT http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=34 ORDER ON RECONSIDERATION. Silver Palm Communications, Inc. request is Denied for reconsideration of Division-level Order declining to grant Silver Palm a waiver of the final payment deadline for licenses it won in Auction 34.http://wireless.fcc.gov/auctions/default.htm?job=release&id=173&y=20 10Wed, 23 Jun 2010 04:00:00 GMTThe WTB denied a request for waiver of Section 1.2109 of the Commission's rules filed by Silver Palm Communications, Inc., the winner of ten 800 MHz Specialized Mobile Radio licenses in Auction No. 34.http://wireless.fcc.gov/auctions/default.htm?job=release&id=32&y=200 7Fri, 16 Feb 2007 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=80&y=200 6Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2019&y=2 006Tue, 31 Oct 2006 05:00:00 GMTThis letter assesses the final bid withdrawal payment for Auction No. 34.http://wireless.fcc.gov/auctions/default.htm?job=release&id=98&y=200 4Mon, 29 Nov 2004 05:00:00 GMTThis letter
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=35
  • would otherwise 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
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=37
  • No. 37.http://wireless.fcc.gov/auctions/default.htm?job=release&id=135&y=20 08Wed, 02 Jul 2008 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=3596&y=2 007Mon, 22 Oct 2007 04:00:00 GMTProvided notice of the interim default payment obligation for College Creek Broadcasting, Inc. with respect to its default arising out of a Commission auction of FM broadcast construction permits.http://wireless.fcc.gov/auctions/default.htm?job=release&id=89& y=2007Fri, 03 Aug 2007 04:00:00 GMTThis letter denies the request of Owensville Communications, LLC for waiver of Section 1.2109(a) of the Commission's rules (Auction No. 37).http://wireless.fcc.gov/auctions/default.htm?job=release&id=73&y=20 07Mon, 18 Jun 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=51&y=200 7Mon, 16 Apr 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=52&y=200 7Mon, 16 Apr 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=53&y=200 7Mon, 16 Apr 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=56&y=200 7Mon, 16 Apr 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=58&y=200 7Mon, 16 Apr 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=59&y=200 7Mon, 16 Apr 2007 04:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=60&y=200 7Mon, 16 Apr 2007 04:00:00 GMTIn this order the Auctions and
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=39
  • 05:00:00 GMT http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=39 Denied a request that the Commission consider that Telesaurus has fulfilled the tribal land bidding credit requirements for Auction 39 LMS licenses, or, in the alternative, extend the deadline to submit the tribal land bidding credit certifications.http://wireless.fcc.gov/auctions/default.htm?job=release &id=39&y=2010Wed, 03 Feb 2010 05:00:00 GMTThis Order denies the request of PCS Partners, L.P. for a waiver of Section 1.2109(a) of the Commission's rules, which required it to pay the outstanding balance of its winning bids for 32 licenses won in Auction No. 39.http://wireless.fcc.gov/auctions/default.htm?job=release&id=41&y=200 7Thu, 01 Mar 2007 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2012&y=2 006Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=2013&y=2 006Tue, 31 Oct 2006 05:00:00 GMTThis Order denied both the petition for reconsideration and the request for stay.http://wireless.fcc.gov/auctions/default.htm?job=release&id=61&y=2 002Fri, 11 Oct 2002 04:00:00 GMTThis
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=44
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=44T his feed provides releases, keys dates and auction results for Auction 44. en-usTue, 06 Dec 2005 09:59:55 EST http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=44 http://wireless.fcc.gov/auctions/default.htm?job=release&id=78&y=2006Tu e, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=87&y=200 6Tue, 31 Oct 2006 05:00:00 GMTThe Wireless Telecommunications Bureau, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's ruleshttp://wireless.fcc.gov/auctions/default.htm?job=release&id=49&y=2 006Fri, 16 Jun 2006 04:00:00 GMTThis letter assesses the final bid withdrawal payment for Auction No. 44.http://wireless.fcc.gov/auctions/default.htm?job=release&id=104&y=20 04Mon, 13 Dec 2004 05:00:00 GMTCarriage of the transmissions of digital television broadcast stations; review of the Commission's rules and policies affecting the conversion to digital television.http://wireless.fcc.gov/auctions/default.htm?job=release&id= 11&y=2003Mon, 03 Nov 2003 05:00:00 GMTThis letter refunds McBride Spectrum $3,043 withheld
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=6
  • 2006Mon, 11 Sep 2006 04:00:00 GMTThis Order grant Big Sky Wireless Partnership a nunc pro tunc waiver of Section 1.2110(g)(4)(iv) of the Commission's rules with respect to automatic cancellation of a BRS license for the Butte, Montana BTA.http://wireless.fcc.gov/auctions/default.htm?job=release&id=68&y=20 06Mon, 11 Sep 2006 04:00:00 GMTThe WTB, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's rules http://wireless.fcc.gov/auctions/default.htm?job=release&id=69&y=2006Fr i, 16 Jun 2006 04:00:00 GMTThis Order grants Leaco Rural Telephone Cooperative, Inc. a nunc pro tunc waiver of section 1.2110(g)(4)(iv) of the Commission's rules with respect to automatic cancellation of a Broadband Radio Service license.http://wireless.fcc.gov/auctions/default.htm?job=release&id=11& y=2006Fri, 03 Feb 2006 05:00:00 GMTThis order denies the request of Inforum Communications, Inc. seeking reconsideration and waiver of
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2006
  • Order in this Proceeding will be Implemented [582]pdf - [583]Word 6/16/2006 ERRATUM (DA 06-1280) Re: Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures; Erratum Corrects FCC 06-52, Second Report and Order [584]pdf - [585]Word [586]See FCC 06-52 6/16/2006 MEMORANDUM OPINION AND ORDER (DA 06-1285) WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules [587]pdf - [588]Word 6/15/2006 PUBLIC NOTICE (DA 06-1279) WTB Opens Filing Window for the Proposal to Develop and Manage the Clearinghouse that will Administer the Relocation Cost Sharing Plan for Licensees in the 2.1 GHz Bands [589]pdf - [590]Word 6/14/2006 PUBLIC NOTICE (DA 06-1245) America Movil, S.A.DE C.V., Verizon Communications, Inc., and Subsidiaries of Telecommunicaciones De
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2007
  • 6/25/2007 LETTER (DA 07-2791) Request for Waiver of the Analog Service Requirement [447]pdf - [448]Word 6/19/2007 LETTER (DA 07-2709) Response to AMTS Consortium, LLC, Concerning Request that the Commission Disqualify a Bidder from Auction No. 72 [449]pdf - [450]Word 6/18/2007 LETTER (DA 07-2664) Letter to Mr. Marcus D. Jones, President, Owensville Communications, LLC; Response to Request for Waiver of Section 1.2109(a) of the Commission's Rules [451]pdf - [452]Word 6/15/2007 NEWS RELEASE FCC Maintains February 18, 2008 Sunset of Cellular Licensee Analog Service Requirement [453]pdf - [454]Word 6/15/2007 MEMORANDUM OPINION AND ORDER (FCC 07-103) Sunset of the Cellular Radiotelephone Service Analog Service Requirement and Related Matters [455]pdf - [456]Word Statement of Commissioner Copps: [457]pdf - [458]Word Statement of Commissioner Adelstein: [459]pdf -
• http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2008
  • Distribution Service (LMDS) Seeking Waivers of Section 101.1011 of the Commission's Rules and Extensions of Time to Construction and Demonstrate Substantial Service [733]pdf - [734]Word Appendix A: [735]pdf - [736]Word Appendix B: [737]pdf - [738]xls Appendix C: [739]pdf - [740]xls 1/7/2008 LETTER (DA 08-40) Walter Iwachiw Re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules [741]pdf - [742]Word 1/2/2008 PUBLIC NOTICE (DA 08-13) WTB Reminds 700 MHz Auction Applicants of Confidential Nature of Upfront Payment and Other Bidding-Related Information [743]pdf - [744]Word [745]FCC Home [746]Search [747]RSS [748]Updates [749]E-Filing [750]Initiatives [751]Consumers [752]Find People [753]Licensing, Technical Support and Website Issues - [754]Forgot Your Password? - [755]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2003&m=5&t=Order
  • [70]pdf - [71]word - [72]txt 05/21/2003 WTB Orders (DA 03-1752) Letter Addressed to: Gerald S. Rourke, Esquire Denied Tel-Com's Waiver Requests on licenses granted in Auction No. 6 DA-03-1752A1: [73]pdf - [74]word - [75]txt 05/16/2003 WTB Orders (DA 03-1719) Letter to Gregory M. Schmidt and Jonathan D. Blake (Banks Broadcasting, Inc.) Denied Banks Broadcasting, Inc.'s Request for Waiver of Section 1.2109(b) of the Commission's rules DA-03-1719A1: [76]pdf - [77]word - [78]txt 05/14/2003 WTB Orders (DA 03-1650) Amendment of Part 90 of the Commission's Rules and Policies for Applications and Licensing of Low Power Operations in the Private Land Mobile Radio 450-470 MHz Band This Erratum corrects errors in the Report and Order that the Commission adopted in the above-captio... DOC-234367A1: [79]pdf
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2006&m=6&t=Order
  • WTB Orders (DA 06-1281) Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures Clarified, on its own motion, how certain application and reporting requirements adopted by the Comm... DA-06-1281A1: [64]pdf - [65]word - [66]txt 06/16/2006 WTB Orders (DA 06-1285) WSS, LLC request for waiver Granted WSS, LLC's request for waiver of Section 1.2109 payment requirement DA-06-1285A1: [67]pdf - [68]word - [69]txt 06/12/2006 WTB Orders (DA 06-1261) 800 MHz SMR Station WPLM218 Denied the Petition DA-06-1261A1: [70]pdf - [71]word - [72]txt 06/09/2006 WTB Orders (DA 06-1246) Applications for the Assignment of Licenses from Denali PCS, L.L.C. to Alaska DigiTel, L.L.C. and the Transfer of Control of Interests in Alaska DigiTel, L.L.C. to General Communication,
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2007&m=2&t=Order
  • Privileges Amateur Radio Service Station KI6ASC Modified the amateur service operator license for Amateur Radio Station KI6ASC by replacing General ... DA-07-866A1: [67]pdf - [68]word - [69]txt 02/27/2007 WTB Orders (DA 07-871) FlexCom Mobile, LLC Denied the Further Recon Petition. 2nd Order on Reconsideration DA-07-871A1: [70]pdf - [71]word - [72]txt 02/27/2007 WTB Orders (DA 07-880) Request for Waiver of Section 1.2109(b) of the Commission's Rules and Request for discretionary Implementation of Section 1.2109(b) of the Commission's Rules Denied the Requests DA-07-880A1: [73]pdf - [74]word - [75]txt 02/26/2007 WTB Orders (DA 07-846) CABLE & COMMUNICATIONS CORPORATION Approved settlement agreeement. Granted C&CC's application to modify the license for Station WPSD97... DA-07-846A1: [76]pdf - [77]word - [78]txt 02/26/2007 WTB Orders (DA 07-847) Cam Jo,
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2007&m=6&t=Order
  • [67]word - [68]txt 06/19/2007 WTB Orders (DA 07-2709) AMTS CONSORTIUM LLC Denied the request to disqualify an Auction 72 bidder from participating in the Auction DA-07-2709A1: [69]pdf - [70]word - [71]txt 06/18/2007 WTB Orders (DA 07-2664) Mr. Marcus D. Jones, President, Owensville Communications, LLC, Re: FM Broadcast Auction No. 37 - Request of Owensville Communications, LLC for Waiver of Section 1.2109(a) of the Commission's Rules Denied the waiver request DA-07-2664A1: [72]pdf - [73]word - [74]txt 06/15/2007 WTB Orders (FCC 07-103) Sunset of the Cellular Radiotelephone Service Analog Service Requirement and Related Matters Denied the Petition for Rulemaking filed by the Alarm Industry Communications Committee (AICC) and... FCC-07-103A1: [75]pdf - [76]word - [77]txt FCC-07-103A2: [78]pdf - [79]word - [80]txt FCC-07-103A3: [81]pdf -
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2008&m=1&t=Order
  • DA-08-89A1: [103]pdf - [104]word - [105]txt 01/14/2008 WTB Orders (DA 08-90) JACK IN THE BOX, INC. AND TACO BELL OF AMERICA, INC Modified the authorizations of Industrial/Business Pool Stations WPTC451, WPVM527, WPVS418, Bakersfi... DA-08-90A1: [106]pdf - [107]word - [108]txt 01/07/2008 WTB Orders (DA 08-40) Walter Iwachiw re: World Network International Services, Inc. -- Request for Waiver of Sections 1.2106 and 1.2109(c) of the Commission's Rules Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the def... DA-08-40A1: [109]pdf - [110]word - [111]txt WTB Orders, January - 2008 has 21 Records. Return to Top Arrow [112]Return to Top Last reviewed/updated on 07/16/2012 Wireless Index Categories [113]Jan-2008 News Releases [114]Jan-2008 Notices *** Jan-2008 Orders [115]Jan-2008 Public Notices
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000325.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000325.txt
  • 301; 47 C.F.R. � 24.803. Auction No. 5 closed May 6, 1996. SouthEast was the winning bidder for licenses B052C (Bowling Green, Kentucky), B273C (Madisonville, Kentucky), B338C (Owensboro, Kentucky), B339C (Paducah, Kentucky), B423C (Somerset, Kentucky), and B474C (Williamson, West Virginia-Pikeville, Kentucky). See Public Notice, DA 96-716 (Wireless Telecom. Bur. rel. May 8, 1996). See 47 C.F.R. � 1.2110(f) (4)(ii)-(iv); � 1.2109(c); see also Public Notice, DA 98-1897, 13 FCC Rcd 18213 (Wireless Telecom. Bur. 1998). SouthEast Telephone, Inc. v. FCC, Case No. 98-1491 (D.C. Cir. Oct. 28, 1998). SouthEast Telephone, Inc. v. United States, Civ. Action No. 98-465 (E.D. Ky. filed Oct. 29, 1998). Id. Requests for Extension of the Commission's Initial Non-Delinquency Period for C and F Block Installment Payments,
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da000763.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by April 20, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by May 4, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001084.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 1, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by June 15, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001595.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by August 1, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by August 15, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da001871.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by August 30, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by September 14, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002109.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by September 29, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by October 13, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da002345.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by November 2, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by November 17, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Federal Communications Commission FCC 98-25 C-33 statement of the reason(s) for dismissing or denying the petition and disposing of all substantive issues raised therein. .......................#. New Section 1.945 is added to read as follows: Sec. 1.945.............License grants. (a) License Grants - Auctionable license applications. Procedures for grant of licenses awarded through competitive bidding are set forth in sections 1.2108 and 1.2109 of this part. (b) License Grants - Non-auctionable license applications. No application subject to the provisions of this section for an authorization not assigned by competitive bidding procedures, as originally filed or substantially amended, will be granted by the Commission prior to the 31st day following the issuance of a Public Notice of the acceptance for filing of such application
• http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.wp
  • prospective service offerings. C. Surrender Licenses for Reauction (Amnesty) 46. Background. In response to our Installment Public Notice seeking comment on broadband PCS installment payment issues, a number of commenters express support for an option that would permit C block licensees to surrender their licenses to the Commission for Federal Communications Commission FCC 97-342 97 See 47 C.F.R. �� 24.708(b), 1.2109(c), 1.2104(g)(2). 98 See, e.g., R&S ex parte letter, August 11, 1997 at 1; MCI ex parte letter, August 14, 1997 at 2; Urban Comm ex parte letter, August 21, 1997; GWI ex parte letter, August 4, 1997; NextWave ex parte letter, July 29, 1997; El Dorado ex parte letter, August 13, 1997 at 2-3. 99 Horizon Comments at 13-15. 100
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • the licenses. See id. 56 Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, WT Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rulemaking, FCC 97-413,released Dec. 31, 1997, paras. 151-154, adopting 47 C.F.R. � 1.2109(c) (Part 1 Third Report and Order). 57 Webcel Petition at 15. 58 Second Report and Order, 12 FCC Rcd at 12685-86 (paras. 338-339). PAGE 17 33. If no such application or certification is tendered within 90 days, then we may consider the short form certification and long form divestiture statement to be material, bad faith misrepresentations and will invoke the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000122.doc
  • Request for Rule Waiver for 218-219 MHz Service License in Tallahassee, Florida (MSA #168A) ) ) ) ) ) ) ) File No. 840247 ORDER Adopted: January 21, 2000 Released: January 25, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On December 31, 1996, Bernard Pasquet (Pasquet) requested a waiver of Section 1.2109(c) of the Commission's Rules regarding a 218-219 MHz Service license in Tallahassee, Florida, for which he was the high bidder. For the reasons that follow, we deny Pasquet's waiver request. II. BACKGROUND 2. In the Competitive Bidding Second Report and Order, the Commission determined that 218-219 MHz Service licenses should be awarded through competitive bidding. On July 28 and 29,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000556.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit N � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules Regarding BTA117, BTA122, BTA203, BTA215, BTA218, BTA287, BTA317, BTA328, BTA330, BTA335, BTA375 and BTA416 ) ) ) ) ) ) ) ) ) FCC File No. 0000013644 Adopted: March 10, 2000 Released: March 17, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INTRODUCTION AND BACKGROUND This
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001522.doc
  • applicant's winning bid by September 25, 1998). Communications Pacific also withdrew a high bid for the 800 MHz SMR license in EA 173B and was assessed an initial withdrawal deposit in the amount of $14,586.00. See Auction No. 16 Closing PN, Attachment B (the Auction No. 16 License Number and Block Designator was YCE173B, see n.11, infra). 47 C.F.R. � 1.2109. 47 C.F.R. � 1.2109(c); National Telecom PCS, Inc., Memorandum Opinion and Order, 12 FCC Rcd. 10163, 10171-72 (� 15) (1997); 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, 434 (1997). 47 C.F.R. � 1.2104(g). The gross
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001715.doc
  • Public Notice also stated that if Metro-Trak failed to pay its remaining balance by June 12, 2000, it would be allowed to make payment within ten days after the payment deadline (i.e. June 26, 2000), provided that it also pays a late fee equal to five percent of the amount due. Moreover, the Public Notice stated that, pursuant to section 1.2109(a), if Metro-Trak failed to pay the balance of its winning bids by the late payment deadline of June 26, 2000, it would be considered in default on its licenses and subject to the applicable default payments. Metro-Trak did not submit full and timely payment of the remaining balance and, thereby, defaulted on its obligation under the Commission's rules. III. Discussion
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001716.doc
  • any winning bidder listed in the public notice who failed to pay its remaining balance by June 22, 1999, would be allowed to make payment within ten days after the payment deadline (i.e. July 6, 1999), provided that it also pays a late fee equal to five percent of the amount due. Moreover, the Bureau stated that, pursuant to section 1.2109(a), 47 C.F.R. � 1.2109(a), any winning bidder listed in the Public Notice who failed to pay the balance of its winning bids by the late payment deadline of July 6, 1999, would be considered in default on its licenses and subject to the applicable default payments. 4. The Bureau subsequently issued an Erratum on June 16, 1999, which rescinded its
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • 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 through 69),
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00189.doc
  • 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
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • of Section 1.2104(g)(2) relating to down payment and full payment defaulters are also applicable to installment payment defaulters. 39. Discussion. We clarify that licensees defaulting on installment payments ("installment payment defaulters") are not subject to Section 1.2104(g)(2). The automatic default provisions of Section 1.2110(f)(4) (redesignated herein as 1.2110(g)(4)) are adequate to discourage untimely installment payments. We note that while Section 1.2109(c) identifies types of defaulters that are subject to Section 1.2104(g)(2), the rule does not reference installment payment defaulters. Instead, installment payment defaults are covered by Section 1.2110(g)(4), as designated herein, which does not incorporate Section 1.2104(g)(2). As we noted in the Part 1 Third Report and Order, the risk of losing a license should provide most licensees with a strong
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00330.doc
  • (filed June 9, 2000) (``Pekec/Rothkopf Comments''); Joint Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (``SBC/BellSouth Joint Comments'') and Attachment of Prof. Ronald M. Harstad (``Harstad Attachment'') (filed June 9, 2000); Comments of Verizon Wireless (filed June 9, 2000); and Joint Reply Comments of SBC Wireless, Inc. and BellSouth Cellular Corp. (filed June 16, 2000). See 47 C.F.R. � 1.2109(b). The Commission may also offer the license to the other highest bidders. Id. Auction No. 31 Package Bidding Comment Public Notice at 12. Id. Id. In an auction with package bidding, bidders seeking inconsistent sets of packages may be competing against each other. Whether the licenses are sold as one type of package or another depends on which set yields
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • 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, Notice of Proposed Rulemaking and Order, 11 FCC Rcd 4930,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970883.html http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970883.txt
  • will also be assessed. See 47 C.F.R. 1.2110(e)(2), 1.2104(g). D and E Block Licenses Grant of each D and E block license identified in this Public Notice is expressly conditioned on payment of the remaining balance of the applicant's winning bid within 10 business days of the date of this Public Notice (i.e., by May 12, 1997). See 47 C.F.R. 1.2109(a), 24.708(a).[5]^(1) F Block Licenses Final Down Payment. All F block applicants identified in this Public Notice have qualified to pay for their licenses by means of a 20 percent down payment (10 percent of which was paid at the close of the auction) and installment payments. See 47 C.F.R. 24.716(a)(2). Grant of each F block license is expressly conditioned on
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • After the termination of the licensing pleading cycle (see 47 U.S.C. 309(d)), the Commission will issue a public notice announcing that it is prepared to conditionally award 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. �� 1.2109 (as amended by the Third Order on Reconsideration), 1.2107(b) and 101.1105(b). The license will be subsequently issued only after final payment. 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 be accepted. All payments must be accompanied by
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
  • 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. �� 1.2109, 1.2107(b) and 90.1015. Licenses will be subsequently granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Copies of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990375.pdf
  • 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 in their
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990528.pdf
  • after the auction pending a determination that the high bidder is qualified to serve as a licensee. In the event a high bidder defaults, or is otherwise found not qualified to be a licensee, it is still obligated for the full amount it bid on each license as indicated in the closing Public Notice and under the terms of Sections 1.2109 and 1.2104.9 Below is a summary of the high bidders' continuing payment obligations and application procedures following the auction. A. Down Payments and Withdrawn Bid Payments Within ten (10) business days after being notified that it is a high bidder, each high bidder must submit sufficient funds (in addition to its upfront payment) to bring its total amount of money
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990904.pdf
  • 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 of this
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991591.pdf
  • therefore limit the number of rounds in which bidders may place withdrawals to two rounds. These rounds will be at the bidder's discretion and there will be no limit on the number of bids that may be withdrawn in either of these rounds. Withdrawals will still be subject to the bid withdrawal payments specified in 47 C.F.R. �� 1.2104(g), and 1.2109. Bidders should note that abuse of the Commission's bid withdrawal procedures could result in the denial of the ability to bid on a market. If a high bid is withdrawn, the license will be offered in the next round at the second highest bid price, which may be less than, or equal to, in the case of tie bids, the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991800.pdf
  • 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 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). 5 * * * * CONTACT INFORMATION For questions about payment or instructions for wiring upfront payments, contact Gail
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991843.doc
  • applications listed in Attachment A of this Public Notice following the full and timely payment of the remaining balance of the applicant's winning bid(s). Final payment from each applicant listed in Attachment A must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by September 23, 1999). See 47 C.F.R. �� 1.2109(a), 90.1015(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by this deadline, it may make a late payment within ten (10) business days after the payment deadline (i.e., by October 7, 1999), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992153.doc
  • (see 47 C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits of the winning bidders whose applications are uncontested. Within ten business days after the date of that public notice, uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. ��1.2109 and 73.5003(c). Broadcast construction permits will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992154.doc
  • C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permit to the winning bidder, if the application is uncontested. Within ten business days after the date of that public notice, the uncontested winning bidder will be required to make full payment of the balance of their winning bid. See 47 C.F.R. ��1.2109 and 73.5003(c). A broadcast construction permit will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992165.doc
  • to grant the two Phase II 220 MHz licenses to the applicants listed in Attachment B following the full and timely payment of the remaining balance of the applicants' winning bids. Final payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by October 27, 1999). See 47 C.F.R. �� 1.2109(a), 90.1015(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by this deadline, it may make a late payment within ten (10) business days after the payment deadline (i.e., by November 10, 1999), provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992624.doc
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). See 47 C.F.R. � 1.2104(i). See Letter attached hereto as Attachment B from William T. Hatch, Acting Associate Administrator, Office of Spectrum Management, National Telecommunications and Information Administration, to Dale N. Hatfield, Chief, Office of Engineering and Technology, Federal Communications Commission, re: Memorandum
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the "withdraw bid" function (assuming that the bidder has not exhausted its withdrawal allowance). A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payments specified in 47 C.F.R. ��1.2104(g) and 1.2109. In previous auctions, we have detected bidder conduct that, arguably, may have constituted strategic bidding through the use of bid withdrawals. While we continue to recognize the important role that bid withdrawals play in an auction, i.e., reducing risk associated with efforts to secure various construction permits in combination, we conclude that, for Auction No. 28, adoption of a limit
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000043.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000043.txt
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(g). We adopted a similar rule for the General Wireless Communications Service. See Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, ET Docket No. 94-32, Second Report and Order, 11 FCC Rcd 624, 652-53, �� 71-73 (1995). 47 C.F.R. � 1.2104(e).
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000112.doc
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000173.doc
  • 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 h h
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000292.doc
  • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000405.doc
  • 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 as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @& ���0 l l
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000466.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000466.txt
  • March 21, 2000). If the applicants fail to pay the remaining down payment by the March 21, 2000 deadline, the applicants will be allowed to make payment within ten (10) business days (i.e. April 4, 2000) after the payment deadline provided that it also pays a late fee equal to five percent of the amount due. See 47 C.F.R. � 1.2109(a). In addition to the payment, the applicants must also inform the Commission if they wish to participate in the Commission's installment payment plan. If the applicants elect to participate in the installment payment plan and timely notifies the Commission, a Note, Security Agreement, and financing statements (i.e., the UCC-1 Forms) and other related documentation commemorating the installment payment obligations, and
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000504.doc
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov d e      ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2��
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000508.doc
  • payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000548.doc
  • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by March 24, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by April 7, 2000), provided that it also pays a late fee equal to
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000559.doc
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov (c) �      ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� ��������
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000594.doc
  • 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 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). D ���0 ��W��PNG �h�]�0��l�ء �+�"��...e�ȕl� @& ���0 l l
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000615.doc
  • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000667.doc
  • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). I J | } � ` � � G H J } � ` � " � � � � =� � � � � Ffc �� -4/�м@in�F�١���|-�9�%���h�' ��$�Ii=;`Gv\ " �
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000668.doc
    • 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). - = > Q R a m { � = > Q R ` a l m tm � � � � <� � � � � � � � � � � � � � � H* kd" ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O �
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000690.doc
    • (see 47 C.F.R. �73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permits of the winning bidders whose applications are uncontested. Within ten business days after the date of that public notice, uncontested winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. ��1.2109 and 73.5003(c). Broadcast construction permits will be granted by the Commission following the receipt of full payment. The previously filed long-form applications of the unsuccessful competing bidders will be dismissed following the grant of the winning bidder's construction permit. Method of payment. All payments must be in U.S. dollars and made in the form of a wire transfer. No personal
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000836.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000836.txt
    • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000863.doc
    • 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 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). � hw hw hw hw hw hw hw hw hw hw hw hw hw hw hw � � hw hw
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000899.doc
    • Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Order on Reconsideration, WT Docket No. 98-169, FCC 99-372 (released Nov. 30, 1999) (``218-219 MHz Order on Reconsideration''). See generally Id. 218-219 MHz Order at � 53. Id. Id. Id. Id. at � 44. 218-219 MHz Order at � 53. 47 C.F.R. � 1.2109 (``new money'' payments are subject to the same late payment rules as balance payments for new licenses). See Supra note 6. Implementation Procedures for the Report and Order and Memorandum Opinion and Order Addressing the 218-219 MHz Services (Formerly Known as Interactive Video and Data Services (IVDS)), DA 00-900, (rel. April 20, 2000) (``Implementation Procedures Public Notice''). Note: unless an
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000900.doc
    • of the Commission. The Commission does not send out, or publish a notice when a license cancels automatically. 47 C.F.R. � 1.5. 218-219 MHz Order at � 44. Resumption of payments begins at the end of the third month after the Election Date. 47 C.F.R. �� 1.2110(f)(4)(i-iii). 47 C.F.R. �� 1.2110(f)(4)(iv). 218-219 MHz Order at � 53. 47 C.F.R. � 1.2109(a). A ``new money'' payment is the balance payment due at the grant of the license under the new terms and is subject to the payment rules for the granting of new licenses. As such, Licensees may pay the ``new money'' payment up to ten (10) days late, subject to a 5% late fee. ``New money'' payments are not installment payments
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000989.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000989.txt
    • that it is prepared to grant the applications listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bids. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by May 18, 2000). See 47 C.F.R. �� 1.2109(a), 90.1015(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline (i.e., by June 2, 2000), provided that it also pays a late fee equal to five percent
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001004.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001004.txt
    • grant the applications for these 901 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by May 19, 2000). See 47 C.F.R. �� 22.215(a), 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by June 5, 2000), provided that it also pays a late fee equal to five percent of the
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001035.doc
    • payments. 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. ��1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. 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 be accepted. All payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159).
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001055.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001055.txt
    • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001075.doc
    • Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). Auction No. 31 Procedures Public Notice, 15 FCC Rcd at 2947. See 47 C.F.R. � 1.2104(i). See 47 C.F.R. � 1.2109(b), (c). Although our presumption is in favor of holding a new auction when a bidder defaults, we also have the option, in our discretion, to offer the license(s) to the other highest bidders (in descending order) at their final bids. See 47 C.F.R. � 1.2014(g)(2). Following this four-step approach may result in retaining both parts of an ``or'' bid. Such
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
    • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001226.doc
    • of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) it will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the construction permit or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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 or construction permits held by the applicant.
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001244.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001244.txt
    • grant the applications for these 331 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by June 21, 2000). See 47 C.F.R. �� 22.215(a), 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by July 6, 2000), provided that it also pays a late fee equal to five percent of the
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001308.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001308.txt
    • winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice (i.e., by June 29, 2000). Note that the Commission's Part 1 competitive bidding rules provide for an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Section 1.2109(a) of the Commission's Rules provides that if a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline specified by the Commission, it may make a late payment within ten business days after the payment deadline (i.e. by July 14, 2000), provided that it also pays a late fee equal to
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
    • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001545.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001545.txt
    • Hotline are recorded. On June 28, 2000, six long-form applications for authority to operate in the 39 GHz band were accepted for filing. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report Number: 570 (Jun. 28, 2000). 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). TRW proposes to offer a non-terrestrial service, i.e., fixed satellite, with its licenses and has submitted a waiver request to obtain approval for such operation. Comments on the waiver request may be submitted within ten days of the release date of this public notice. Reply comments may be submitted within fifteen days of the release of this public notice. The
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001593.doc
    • � 73.5006), the Commission will issue a public notice announcing that it is prepared to award the construction permit to the winning bidder, if the application is uncontested. Within ten business days after the date of that public notice, the uncontested winning bidder will be required to make full payment of the balance of its winning bid. See 47 C.F.R. ��1.2109 and 73.5003(c). A broadcast construction permit will be granted by the Commission following the receipt of full payment. 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 be accepted. All payments must be accompanied by a completed FCC
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001800.doc
    • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c)
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001854.txt
    • is ten business days after the date of this public notice. Final disposition of the fourteen remaining applications will be noted in future public notices and/or orders. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a), applicants who fail to meet the initial ten business day deadline are given an additional ten business days in which to pay, provided they also pay a late fee equal to five percent of the amount due. Applicants listed in the Attachment who do not submit the required payment by the late payment deadline of September 14, 2000, will be
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001948.doc
    • 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R � 1.65. See 47 C.F.R. � 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. � 27.604. Id. See C.F.R. � 1.2104(g)(1). See C.F.R. � 1.2104(g)(2); see also � 1.2109(c). See 47 C.F.R. � 1.2112(b). $ $ $ � ' ... � � � �� �� ��PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O � ��$��>��� -�m�``�Q(q P� ���e D �_�� p�/]b|?�O� V��Jõ tXT���e� 2)�V``� (c)}�l�tmE...bϡ gs�>o���(R)"q�Q ܆���D N ��- >��r�Kp��-~i�f�M�� z} ���� tm��(c)��cv `��� 0i
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002037.doc
    • payments. 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. ��1.2109 and 1.2107(b). 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
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002038.doc
    • nearest hundred; results above $10,000 are rounded to the nearest thousand. Multiple increment bids are not rounded according to the previously stated rounding rule; they are received, displayed, and stored by the Automated Auction System as non-rounded dollar amounts resulting from the following formula: Amount Bid = High Bid + (Bid Multiplier * Bid Increment). See 47 C.F.R. �� 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov kd      ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �������� ��[���PNG �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c�
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002108.doc
    • 0000132638 BEA046 Hickory-Morganton, NC-TN J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN K We note that on July 31, 2000, CT Communications, Inc. filed a request to waive the Commission requirement that long-form applications be signed when electronically filed. 47 C.F.R. �� 1.746, 1.934. 47 C.F.R. � 1.2108(b). 47 C.F.R. � 1.2108(c). Id. 47 C.F.R. � 1.51(c). 47 C.F.R. � 1.2109(a). 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 } ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ kdJ \ \ \ \ \ \ \ \ \ \ \ \ \ \
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002154.doc
    • Payments. 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. ��1.2109 and 1.2107(b). 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
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002171.doc
    • Other Procedural Issues, Auction No. 25, DA 99-1346, Public Notice, 14 FCC Rcd 10632 (1999); Supplemental Closed Broadcast Auction - Notice and Filing Requirements for Auction of Certain AM, FM, LPTV and TV Broadcast Construction Permits - Minimum Opening Bids and Other Procedural Issues, Auction No. 28, DA 99-2958, Public Notice (rel. December 23, 1999). See 47 C.F.R. � 1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, � 150. 47 C.F.R. � 1.2104(e). News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov $ a b c d " � � ���������ùݲݦ��ݦ�ݦݦݦݹ��ßݦ������ݲ�������ݎ��� �      ��ġX��V�Q&��PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' ��
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002242.doc
    • timely payment of the remaining balance of the applicant's winning bids by October 17, 2000, which is ten business days after the date of this public notice. Note that the Commission's Part 1 competitive bidding rules also provide an additional ten business day grace period for applicants who fail to meet the initial ten business day payment deadline. Under Section 1.2109(a), applicants who fail to meet the initial ten business day deadline are given an additional ten business days in which to pay, provided they also pay a late fee equal to five percent of the amount due. Applicants listed in the Attachment who do not submit the required payment by the late payment deadline of October 31, 2000, will be
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
    • prescribed period of time, fails to submit a timely long-form application, fails to make full payment, or is otherwise disqualified) will be subject to the payments described in 47 C.F.R. � 1.2104(g)(2). In such event the Commission may re-auction the license or offer it to the next highest bidder (in descending order) at their final bid. See 47 C.F.R. � 1.2109(b) and (c). In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, 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. See 47 C.F.R.
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002260.doc
    • 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>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�%
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002337.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002337.txt
    • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
    • 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, 2000, the
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002745.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002745.txt
    • to grant the applications for the 70 licenses listed in Attachment A of this Public Notice upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days of the date of this Public Notice (i.e., by December 20, 2000). See 47 C.F.R. � 1.2109(a). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by January 5, 2000), provided that it also pays a late fee equal to five percent of the
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002862.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002862.txt
    • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to whom the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010099.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010099.txt
    • cause. After the pleading cycle, the Wireless Telecommunications Bureau will release a public notice listing the applicants to which the Commission is prepared to award licenses. All winning bidders will be required to pay the balance of their winning bids in a lump sum payment within ten (10) business days following the release of that public notice. See 47 C.F.R.� 1.2109(a). Licenses will be awarded upon the full and timely payment of the winning bids and any applicable late fees. Any amendments to FCC Form 601 applications must be filed electronically. For technical assistance in using ULS for viewing applications or making amendments to applications, contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd030516.html
    • be modified to specify expanded operations in the 1618.85-1621.35 MHz frequency band until June 12, 2003 under the conditions specified. Action by: Deputy Chief, Satellite Division, International Bureau. Adopted: 05/16/2003 by ORDER. (DA No. 03-1722). IB [120]DA-03-1722A1.doc [121]DA-03-1722A1.pdf [122]DA-03-1722A1.txt LETTER TO GREGORY M. SCHMIDT AND JONATHAN D. BLAKE (BANKS BROADCASTING, INC.). Denied Banks Broadcasting, Inc.'s Request for Waiver of Section 1.2109(b) of the Commission's rules by LETTER. (DA No. 03-1719). WTB [123]DA-03-1719A1.doc [124]DA-03-1719A1.pdf [125]DA-03-1719A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED MAY 15, 2003, DID NOT APPEAR IN DIGEST NO. 93: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC COMMISSIONER MICHAEL J. COPPS REACTS TO REFUSAL TO ALLOW PUBLIC AIRING OF PENDING MEDIA CONCENTRATION RULES. News Release. News Media Contact: Jordan Goldstein 202-418-2000 CMMR
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060619.html
    • Request for Review filed by Hickory City seeking review of a decision by USAC denying Hickory City discounted services under the schools and libraries universal service support mechanism (E-rate program). Action by: Chief, Wireline Competition Bureau. Adopted: 06/16/2006 by ORDER. (DA No. 06-1287). WCB [16]DA-06-1287A1.doc [17]DA-06-1287A1.pdf [18]DA-06-1287A1.txt WSS, LLC REQUEST FOR WAIVER. Granted WSS, LLC's request for waiver of Section 1.2109 payment requirement. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau. Adopted: 06/16/2006 by MO&O. (DA No. 06-1285). WTB [19]DA-06-1285A1.doc [20]DA-06-1285A1.pdf [21]DA-06-1285A1.txt IMPLEMENTATION OF THE COMMERCIAL SPECTRUM ENHANCEMENT ACT AND MODERNIZATION OF THE COMMISSION'S COMPETITIVE BIDDING RULES AND PROCEDURES. Clarified, on its own motion, how certain application and reporting requirements adopted by the Commission in the Second Report
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070208.html
    • PAYMENT RULES. Denied the Petition for Reconsideration filed on behalf of GLH Communications, Inc., seeking reconsideration of a decision of the former Auctions and Industry Analysis Division that denied GLH's request for waiver. Action by: Chief, Wireless Telecommunications Bureau. Adopted: 02/07/2007 by Order on Reconsideration. (DA No. 07-594). WTB [67]DA-07-594A1.doc [68]DA-07-594A1.pdf [69]DA-07-594A1.txt RADIO LAYNE, LLC, REQUEST FOR WAIVER OF SECTION 1.2109 OF THE COMMISSION'S RULES. Granted the partial waiver of Section 1.2109 of the Commission's rules to Radio Layne, LLC, the winning bidder for FM broadcast construction permit FM003A (King Salmon, AK) in Auction No. 37. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau. Adopted: 02/07/2007 by MO&O. (DA No. 07-596). WTB [70]DA-07-596A1.doc [71]DA-07-596A1.pdf [72]DA-07-596A1.txt SPECTRUM RESOURCES, INC.,
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070228.html
    • DIGEST NO. 38: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 02/27/2007. PETITION OF CORE COMMUNICATIONS, INC. FOR FORBEARANCE UNDER 47 U.S.C. SECTION 160(C) FROM APPLICATION FO THE ISP REMAND ORDER. (DA No. 07-878). (Dkt No 03-171) NOTICE OF PROCEEDING TERMINATION. WCB. Contact: Victoria Goldberg at (202) 418-7353 [156]DA-07-878A1.doc [157]DA-07-878A1.pdf [158]DA-07-878A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- REQUEST FOR WAIVER OF SECTION 1.2109(B) OF THE COMMISSION'S RULES AND REQUEST FOR DISCRETIONARY IMPLEMENTATION OF SECTION 1.2109(B) OF THE COMMISSION'S RULES. Denied the Requests. Action by: Chief, Auctions and Specturm Access Division, Wireless Telecommunications Bureau. Adopted: 02/27/2007 by MO&O. (DA No. 07-880). WTB [159]DA-07-880A1.doc [160]DA-07-880A1.pdf [161]DA-07-880A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270943A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270943A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270943A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270918A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270918A1.txt 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270916A1.pdf 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270916A1.txt 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270865A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270865A1.txt
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070619.html
    • Stay by Texas RSA 15B2 Limited Partnership d/b/a Five Star Wireless, with conditions. (Dkt No. 94-102). Action by: Chief, Public Safety and Homeland Security Bureau. Adopted: 06/18/2007 by ORDER. (DA No. 07-2682). PSHSB [35]DA-07-2682A1.doc [36]DA-07-2682A1.pdf [37]DA-07-2682A1.txt MR. MARCUS D. JONES, PRESIDENT, OWENSVILLE COMMUNICATIONS, LLC, RE: FM BROADCAST AUCTION NO. 37 - REQUEST OF OWENSVILLE COMMUNICATIONS, LLC FOR WAIVER OF SECTION 1.2109(A) OF THE COMMISSION'S RULES. Denied the waiver request. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 07-2664). WTB [38]DA-07-2664A1.doc [39]DA-07-2664A1.pdf [40]DA-07-2664A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-114A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-114A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-114A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274248A2.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274248A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274247A2.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274247A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2628A1.doc 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2628A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2628A1.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.doc 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2659A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.doc 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2658A1.pdf 16.
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080108.html
    • which the petitions requesting forbearance filed by AT&T Inc. and BellSouth Telecommunications, Inc., shall be deemed granted in the absence of a Commission decision. (Dkt No. 07-21). Action by: Chief, Wireline Competition Bureau. Adopted: 01/07/2008 by ORDER. (DA No. 08-37). WCB [11]DA-08-37A1.doc [12]DA-08-37A1.pdf [13]DA-08-37A1.txt WALTER IWACHIW RE: WORLD NETWORK INTERNATIONAL SERVICES, INC. -- REQUEST FOR WAIVER OF SECTIONS 1.2106 AND 1.2109(C) OF THE COMMISSION'S RULES. Denied the Petition. Denied the request for a waiver of the upfront payment requirement and the default payment rule. Action by: Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau by LETTER. (DA No. 08-40). WTB [14]DA-08-40A1.doc [15]DA-08-40A1.pdf [16]DA-08-40A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279323A2.txt 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279323A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279322A2.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279322A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-43A1.doc 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-43A1.pdf 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-43A1.txt 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-42A1.doc
  • http://www.fcc.gov/fcc-bin/audio/DA-06-321A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-321A1.pdf
    • 37 Qualified Bidders Public Notice''). See Auction 37 Qualified Bidders Public Notice, 19 FCC Rcd at 19377 (``In such cases, the Commission will make appropriate adjustments in the new entrant bidding credit prior to the computation of down and final payment amounts due from any affected winning bidders.'') See Delta Radio, Inc., 18 FCC Rcd 16889 (2003); 47 C.F.R. � 1.2109(c). L.T. Simes II and Raymond Simes February 9, 2006 - Federal Communications Commission Washington, D.C. 20554 February 9, 2006 � � h:] h:] h:] � $ ��"���& h�\�� �!��`�;GqԷ�l {�� �(��� �}X�� �Ig �� �\��H���r� �c5k8� /�� �#��@ �z ���(_�|1�H-�u|�H� |(c)�G��ݝǹ��� ��� ߺyh�)��7 �V��� � x9_3��0�H�r��i� ����� c�tm }}��_H�3����&�R�k�...�/�|�1�m ��� `��ޭ��&���``� �� �Q(�V!o� F�p�o"�M�o``B � �Z|�[T�;���2���9@-�...��� �W@��+�3η��"�9-�� �j��o��/R w tm��{Շ"~�@���(���}���p��N�3����
  • http://www.fcc.gov/fcc-bin/audio/DA-07-2065A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2065A1.pdf
    • No. 37 winning bidder listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by May 31, 2007. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the May 31, 2007 deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by June 14, 2007, provided that it also pays a late fee equal to five percent of the
  • http://www.fcc.gov/fcc-bin/audio/DA-07-3517A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3517A1.pdf
    • high bid for FM broadcast construction permit FM269 (Murdo, SD) in Auction No. 37. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, College Creek Broadcasting, Inc.'s funds on deposit will be applied to satisfy the interim default payment obligation. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form application of College Creek Broadcasting, Inc., File Number BNPH-20041230ACQ, is DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), College Creek Broadcasting, Inc. will be subject to a final default payment for its defaulted high bid for FM
  • http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1581A1.pdf
    • of the service involved. In addition, we do not accept the Joint Parties' claim that the Commission could have avoided selling the permits in question for substantially less than their withdrawn bids if it had awarded the permits to the next highest bidders in Auction No. 37. According to the Joint Parties, the Commission could have done this under Section 1.2109(b) of its rules. The Joint Parties acknowledge that Section 1.2109(b) applies to winning bidders that withdraw bids after the close of an auction or fail to remit their required down payments on time, but they assert that this ``does not seem to preclude the FCC from awarding a permit to the next highest bidder when a high bid is withdrawn
  • http://www.fcc.gov/fcc-bin/audio/DA-08-1915A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1915A1.pdf
    • defaulted high bid for FM broadcast construction permit FM226 in Auction 37. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Walton Stations - New Mexico, Inc.'s funds on deposit will be applied to satisfy the interim default payment obligation. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form application of Walton Stations - New Mexico, Inc., File Number BNPH-20041221ABA, is DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Walton Stations - New Mexico, Inc. will be subject to a final default payment for the defaulted
  • http://www.fcc.gov/fcc-bin/audio/DA-08-323A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-323A1.pdf
    • $7,254.00 for the defaulted high bid for FM broadcast construction permit FM411-C2 in Auction 62. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Eric P. Reier's funds on deposit will be applied to satisfy the interim default payment obligation. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form application of Eric P. Reier, File Number BNPH-20060309ACE, is DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Eric P. Reier will be subject to a final default payment for the defaulted high bid for FM broadcast construction
  • http://www.fcc.gov/fcc-bin/audio/DA-08-324A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-324A1.pdf
    • and $877.50 for the defaulted high bid for FM broadcast construction permit FM407-C2 in Auction 62. IT IS FURTHER ORDERED that, pursuant to Sections 1.2104 and 1.2106 of the Commission's Rules, 47 C.F.R. �� 1.2104 and 1.2106, Mary Vargas' funds on deposit will be applied to satisfy the interim default payment obligations. IT IS FURTHER ORDERED that, pursuant to Section 1.2109 of the Commission's Rules, 47 C.F.R. 1.2109, the Form 301 long-form applications of Mary Vargas, File Numbers BNPH-20060310ADR and BNPH-2006310ADS, are DISMISSED with prejudice. IT IS FURTHER ORDERED that, pursuant to Section 1.2104(g) of the Commission's Rules, 47 C.F.R. � 1.2104(g), Mary Vargas will be subject to final default payments for the defaulted high bids for FM broadcast construction permits
  • http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
    • 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 and Order,
  • http://www.fcc.gov/fcc-bin/audio/DA-11-1873A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1873A1.pdf
    • particular construction permit or license). Id. Petition at 3. See Mr. Lee G. Petro, Letter, 25 FCC Rcd 9046, 9048 (WTB 2010) (denying a waiver request in light of the public interest in predictable and consistent application of the Commission's auction rules and procedures). Winstar Broadcasting Corp., Order on Reconsideration, 20 FCC Rcd 2043, 2053-54 (2005). See 47 C.F.R. �� 1.2109(a), 73.5003. See also Auction 37 Procedures Public Notice, 19 FCC Rcd at 10605. Moreover, as discussed in note 10, supra, this argument is moot, as the Simes have already paid the bidding credit amount in one lump sum. Federal Communications Commission Washington, D.C. 20554 November 10, 2011 � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_�
  • http://www.fcc.gov/fcc-bin/audio/DA-11-209A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-209A1.pdf
    • 4983 (MB 2010) (``NPRM''). Id. at 4984 � 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. � 309(j)(3)(A), (D). See 47 C.F.R. �� 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at �� 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for Waiver and
  • http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-148A1.pdf
    • 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
  • http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-374A1.pdf
    • 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 is found
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    • Auction 62 winning bidders listed in Attachment A must be received by the Commission within ten business days of the date of this Public Notice, i.e., by January 30, 2012. The Part 1 competitive bidding rules provide for an additional ten-business-day grace period for applicants that fail to submit final payments by the January 30, 2012, deadline. Pursuant to Section 1.2109(a) of the Commission's rules, a winning bidder that fails to pay the balance of its winning bid(s) in a lump sum by the deadline specified by the Commission may make a late payment within ten business days after the payment deadline, i.e., by February 13, 2012, provided that it also pays a late fee equal to five percent of the
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    • initiating the wire transfer (but on the same business day). For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See Kankakee Valley Broadcasting 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,
  • http://www.fcc.gov/fcc-bin/audio/FCC-03-201A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-201A1.pdf
    • while MBN's Application for Review was pending, the Commission released its decision in Abundant Life, Inc. In Abundant Life III, we ordered the Bureau to place winning auction bidders on ``ready to grant'' public notices ``promptly after dismissing or denying petitions to deny.'' ``Ready to grant'' public notices set forth deadlines for the winning bidders' final auction payments under Sections 1.2109, 73.5003, and 73.5006(d) of our Rules. Accordingly, the Bureau released a Public Notice stating that Delta's application, and those of two other winning bidders, were ready for grant upon timely payment of the balance of their winning bids placed in Auction No. 25. Delta's final payment was due by March 21, 2002, with late payment (payment of the balance plus
  • http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-227A1.pdf
    • Rcd at 15951. Id. at 15953. Id. at 15979. The ``statutory objective'' is found in 47 U.S.C. � 309(j)(3)(A). SRC Application for Review at 9. See 47 U.S. C. �� 309(j)(1) and (j)(5). The statute accords the Commission discretion to make the determination as to basic qualifications to hold a license either before, or after, the auction. 47 C.F.R. � 1.2109(c) (winning auction bidder who is found unqualified or who defaults on auction payments is liable for default penalties set forth in Section 1.2104(g)(2)); see also Broadcast First Report and Order, supra n. 15, 13 FCC Rcd at 15979. See 47 C.F.R. � 73.5006 (establishing procedures for filing petitions to deny against long-form applications). KM filed its long-form Elk Grove application
  • http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
    • 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 time
  • http://www.fcc.gov/ogc/documents/opinions/1999/99-5063.html
    • incentives for potential bidders to make certain of their qualifications and financial capabilities before the auction so as to avoid delays in the deployment of new services to the public that would result from litigation, disqualification and re-auction." Id. 197. Generally, bidders were required to obtain purely private financing and to pay up front for their licenses.[8]^(8) See 47 C.F.R. 1.2109(a); Second Order 194. But "designated entities," such as NextWave -- "designated" because they were less financially powerful than non-"designated" bidders and therefore presumably unable to pay up front -- were allowed to pay in installments. See 47 C.F.R. 24.711(b); Second Order 194. It was important for the functioning of the auction of licenses to "designated entities" that the FCC's default
  • http://www.fcc.gov/ogc/documents/opinions/1999/mountain.html
    • 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 payments
  • http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
    • December 1998 that raised the issue of avoidance; for example, NextWave filed its chapter 11 petition and instituted its adversary proceeding against the FCC on June 8, 1998. See In re NextWave, 200 F.3d at 48. [73]^34 This regulation governing the auction of the electromagnetic spectrum comports with the FCC's general competitive bidding procedures contained in 47 C.F.R. 1.2104(g) & 1.2109(c) (1995). [74]^35 The FCC's treatment of a defaulting entity further supports this conclusion. See In re BDPCS, Inc., 11 F.C.C.R. 14,399, 1996 WL 625565 (Oct. 25, 1996). BDPCS was a high bidder for seventeen C-block licenses, but "fail[ed] to remit the required down payment on the licenses for which it was the successful high bidder." Id. 1. On May 30,
  • http://www.fcc.gov/ogc/documents/opinions/2003/01-1435.pdf
    • redress that injury. Fur- ther, contrary to 21st Century's position, its standing cannot be based on the fact that it remains subject to the Commis- sion's debt collection procedures and higher bidding require- ments in future auctions. First, regarding debt collection, because 21st Century defaulted in making timely payments for its licenses, it is required, under 47 C.F.R. �� 1.2104(g)(2), 1.2109, to pay the difference between the amount of its outstanding debt and the reauction price of its licenses, as well as a penalty of three percent of the reauction price. See also Mountain Solutions, Ltd. v. FCC, 197 F.3d 512, 522�23 (D.C. Cir. 1999). However, 21st Century would remain sub- ject to such debt collection even if it prevailed on
  • http://www.fcc.gov/ogc/documents/opinions/2003/01-1435b.pdf
    • redress that injury. Fur- ther, contrary to 21st Century's position, its standing cannot be based on the fact that it remains subject to the Commis- sion's debt collection procedures and higher bidding require- ments in future auctions. First, regarding debt collection, because 21st Century defaulted in making timely payments for its licenses, it is required, under 47 C.F.R. �� 1.2104(g)(2), 1.2109, to pay the difference between the amount of its outstanding debt and the reauction price of its licenses, as well as a penalty of three percent of the reauction price. See also Mountain Solutions, Ltd. v. FCC, 197 F.3d 512, 522�23 (D.C. Cir. 1999). However, 21st Century would remain sub- ject to such debt collection even if it prevailed on
  • http://www.fcc.gov/ogc/documents/opinions/2004/03-1295-111004.pdf
    • 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 � 1.2109(a). After ten days, the high bidder is considered in default, subject to an additional penalty charge, and the FCC may offer the permit to the next highest bidder or hold