**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

**FEDERAL COMMUNICATIONS COMMISSION**

**445 12th STREET, S.W.**

# WASHINGTON, D.C. 20554

News Media Information: (202) 418-0500

Fax-On-Demand: (202) 418-2830

Internet: http://www.fcc.gov

ftp.fcc.gov

### DA 00-1035

May 10, 2000

**39 GHz BAND**

#### AUCTION CLOSES

## Winning Bidders of 2,173 Licenses Announced

Down Payments Due May 24, 2000

FCC Forms 601 and 602 Due May 24, 2000

*Ten-Day Petition to Deny Period*

**Report No. AUC-30-E (Auction No. 30)**

On May 8, 2000, the Federal Communications Commission completed the
auction of 2,450 licenses for fixed point-to-point microwave services in
the 38.6 to 40.0 GHz ("39 GHz") band, raising (in net high bids) a total
of \$410,649,085 for the U.S. Treasury. 29 winning bidders won a total
of 2,173 licenses in this auction.

This public notice provides detailed information concerning winning
bidders, down payments, bid withdrawal payments and/or deposits, FCC
Forms 601 and 602 filing requirements, requests for rule waivers, and
licensing matters. Key information appears in the following attachments:

**Attachment A:** "Round Results, High Bids" lists winning bidders and
both the gross and net high winning bid amounts.

**Attachment B:** "Bidder Payment/Refund Report" lists down payments and
any withdrawn bid payments owed by winning bidders.

**Attachment C:** "Withdrawal/Payment Report" lists withdrawn bid
payments owed by all bidders.

**Attachment D:** "Instructions for Completing FCC Form 601" provides
detailed information about how a winning bidder should complete the
required FCC Form 601 for 39 GHz Band license applications.

**Attachment E:** "Instructions for Using ULS to Register TIN and Call
Signs With FCC and File FCC Form 601 Electronically."

**Attachment F:** "Accessing the FCC Network using Windows 95/98 for
Universal Licensing System filing."

A copy of this public notice will be sent via overnight mail to each
winning bidder.

**Down payments.** The Commission\'s rules require that within ten
business days after the release of this public notice, in this case **by
6:00 p.m. ET on May 24, 2000**, winning bidders in Auction No. 30 must
have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough
funds to cover all required: (1) down payments on winning bids, and (2)
payments for withdrawn bids, if applicable. If a bidder\'s upfront
payment is not sufficient to meet both of these requirements, the bidder
must deposit additional funds. *See* 47 C.F.R. §§ 1.2107(b),
1.2104(g).[^1]

The amount now due from each bidder, if any, is set out in the last
column of **Attachment B**. *Note that a payment and FCC Form 159 are
necessary only if a bidder\'s upfront payment **does not** cover the
required total of down payments and withdrawn bid payments (as reflected
in Attachment B).* Each bidder\'s down payment must be a total of twenty
(20) percent of its net winning bid(s) plus any withdrawal payments.

**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] If applicable, a partially completed copy of the FCC Form 159
will be sent along with this public notice to facilitate submission of
the correct down payment. Questions regarding FCC Form 159 should be
addressed to Tim Dates or Gail Glasser at 202-418-1995. **Please note,
however, that winning bidders are ultimately responsible for insuring
the verification and submission of the correct down payment from their
bank to Mellon bank.**

**Wire transfer payments** must be **received** by Mellon Bank by **6:00
p.m. ET, on May 24, 2000.** Bidders should coordinate with their bankers
ahead of time regarding their wire transfers, and allow sufficient time
for the wire transfer to be **initiated and completed prior to the
deadline**. To submit funds by wire transfer, bidders will need the
following information:

ABA Routing Number: 043000261

Receiving Bank: Mellon Pittsburgh

BNF: 911-6106

> OBI Field: (Skip one space between each information item) "AUCTIONPAY"

TAXPAYER IDENTIFICATION NO. (same as FCC Form 159, Block 30)

PAYMENT TYPE CODE (enter \"A30D\")

FCC CODE 1 (same as FCC Form 159, Block 23A: \"30\")

PAYOR NAME (same as FCC Form 159, Block 2)

LOCKBOX NO.: 358850

Bidders must fax a completed FCC Form 159 to Mellon Bank at 412-209-6045
or 412-236-5702 at least one hour before placing the order for the wire
transfer (but on the same business day).

Proper completion of the **FCC Form 159** is critical to ensuring
correct credit of bidder deposits. **Bidders must use the same Taxpayer
Identification Number used on their FCC Form 175.**[^3] Questions
concerning the calculation and submission of down payments should be
directed to Gail Glasser at 202-418-1995.

**Withdrawal, default and disqualification payments.** The Commission
imposes payments on bidders that withdraw high bids during the course of
an auction, default on payments due after an auction closes, or those
that are disqualified. *See* 47 C.F.R. §§ 1.2104(g), 1.2109.

*1. Bid Withdrawal Payments.* A bidder (Bidder X) that withdraws a high
bid during the course of an auction is subject to a bid withdrawal
payment equal to the difference between the amount withdrawn and the
amount of the subsequent winning bid. If a high bid is withdrawn on a
license that remains unsold at the close of the auction, Bidder X will
be required to make an interim payment equal to three (3) percent of the
net amount of the withdrawn bid. [^4] This payment amount is deducted
from any upfront payments or down payments that Bidder X has deposited
with the Commission. If, in a subsequent auction, that license receives
a valid bid in an amount equal to or greater than the withdrawn bid
amount, then no final bid withdrawal payment will be assessed, and
Bidder X may request a refund of the interim three (3) percent payment.
If, in a subsequent auction, the winning bid amount for that license is
less than Bidder X's withdrawn bid amount, then Bidder X will be
required to make a final bid withdrawal payment equal to either the
difference between Bidder X's net withdrawn bid and the subsequent net
winning bid, or the difference between Bidder X's gross withdrawn bid
and the subsequent gross winning bid, whichever is less. The three (3)
percent interim payment will be applied toward the withdrawal payment.

**Attachment C** identifies bidders that owe withdrawal payments to the
Commission as a result of bid withdrawals made in Auction No. 30.

*2. Bid Default/Disqualification Payments.* If a high bidder defaults or
is disqualified after the close of the auction, the defaulting bidder
will be subject to the same bid withdrawal payment obligations as
described above, plus an additional payment equal to three (3) percent
of the subsequent winning bid or three (3) percent of the defaulted bid,
whichever is less. Where a bidding credit applies to the winning bid in
either the original or the subsequent auction, the calculation of the
three percent payment is based on the smaller of the two gross bids or
smaller of the two net bids, whichever basis (gross or net) was used to
figure the first component. Thus, if the difference between the gross
bids is less than the difference between the net bids, the three percent
payment will be computed on the lower of the gross bids. If the
difference between the net bids is less than or equal to the difference
between the gross bids, the three percent payment will be computed on
the lower of the net bids. However, if the differences between both the
gross bids and the net bids are less than or equal to zero, the three
percent payment will be computed on the lower of the net bids.

If a winning bidder fails to remit the required down payment within ten
(10) business days after the Commission has released this Public Notice,
in this case May 24, 2000, the bidder will be deemed to have defaulted,
its application will be dismissed, and it will be liable for a default
payment as described above. In such event, the Commission, at its
discretion, may either auction the spectrum 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).

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 provided that it also pays a late fee equal to five (5)
percent of the amount due. When a winning bidder fails to pay the
balance of its winning bid plus late fee by the late payment deadline,
it is considered to be in default on its license(s) and subject to the
applicable default payments. Licenses will be awarded upon the full and
timely payment of winning bids and any applicable late fees. *See* 47
C.F.R. §1.2109(a). A winning bidder that is found unqualified to be a
licensee, fails to remit the balance of its winning bid in a timely
manner, 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 the payment set forth in Section 1.2104(g)(2). In such event,
the Commission may either auction the spectrum to existing or new
applicants or offer it to the other highest bidders (in descending
order) at their final bids. *See* 47 C.F.R. § 1.2109(c).

Finally, bidders that are found to have violated the antitrust laws or
the Commission\'s rules in connection with their participation in the
competitive bidding process may be subject, in addition to any other
applicable sanctions, to forfeiture of their upfront payment, down
payment, or full bid amount, and may be prohibited from participating in
future auctions. *See* 47 C.F.R.

§ 1.2109(d).

**Refund of excess upfront payments (for winning bidders).** Upfront
monies on deposit that are in excess of the required down payment,
withdrawal and/or default payment amounts will be refunded to the payor
of record promptly upon receipt of the necessary wire transfer
instructions. Winning bidders must fax the necessary wire transfer
instructions to Gail Glasser at 202-418-2843. Any questions concerning
refunds should be referred to Gail Glasser or Tim Dates at 202-418-1995.

**Refund of upfront payments (for non-winning bidders).** Non-winning
bidders must fax the necessary wire transfer instructions to Gail
Glasser or Tim Dates at 202-418-2843. Any questions concerning refunds
for non-winning bidders should be referred to Gail Glasser or Tim Dates
at 202-418-1995.

**FCC FORM 601**

By **6:00 p.m. ET on May 24, 2000**, winning bidders must submit a
completed long-form license application(s) covering each license for
which they were the winning high bidder. **Attachment D** sets out
instructions for completing the FCC Form 601. Applications **must** be
filed electronically. Detailed instructions for filing the Form 601
electronically are set out in **Attachment E**.

**Failure to timely file FCC Form 601 will result in default. Late-filed
applications will not be accepted without a showing of good cause.**[^5]

**FCC FORM 602**

Pursuant to Section 1.919 of the Commission's rules, an applicant for a
license in an auctionable service must have on file with the Commission
a current FCC Form 602 regarding ownership information of the applicant.
*See* 47 C.F.R. § 1.919. Therefore, unless the applicant already has a
current FCC Form 602 on file with the Commission, as of May 24,
2000**,** the applicant must submit one at the time the FCC Form 601 is
filed. Any late- filed FCC Form 602 must contain a request for waiver of
the filing requirement in 47 C.F.R. § 1.919.

FCC Form 602 must be filed **manually** (not electronically), and may be
obtained from the Internet at http://www.fcc.gov/formpage.html or by
calling the FCC's Form Distribution Center at 1-800-418-FORM (3676). For
more detailed information on FCC Form 602, *see* "Wireless
Telecommunications Bureau Answers Frequently Asked Questions Concerning
Reporting of Ownership Information on FCC Form 602," *Public Notice*, DA
99-1001 (rel. May 25, 1999).

> Applicants that do not have a current FCC Form 602 on file should send
> the form to:

Federal Communications Commission

1270 Fairfield Road

Gettysburg, PA 17325-7245

Filing FCC Form 602 is a [separate]{.underline} requirement from, and in
addition to, the ownership reporting requirements associated with filing
FCC Form 601, Exhibit A, as set forth in Attachment D. However, to avoid
duplication, applicants may provide certain information required in
Exhibit A by attaching a copy of their FCC Form 602 (in Adobe PDF
Format) to their FCC Form 601 submission. Applicants are reminded,
however, that an original FCC Form 602 still must be filed manually in
Gettysburg, PA. For further information, see Instructions in Attachment
D.

**Applications for multiple licenses.** Applicants may submit
[one]{.underline} FCC Form 601 Main Form, Schedule B, and Form 602 for
multiple licenses if **all** filing information (name and address
information, all ownership and eligibility attachments, and waiver
requests) associated with the application is identical. Licensing
information such as market designator, channel block, and/or market name
may be different (i.e. TNBEA001C and TNBEA001N-- Bangor, ME; TNBEA022J
-- Fayetteville, NC).

Filers whose name and address, ownership, eligibility, and waiver
requests are identical for some licenses but different for other
licenses must submit a separate Form 601 and 602 for those licenses for
which filing information is unique. The streamlined filing procedure
described in the above paragraph may only be used for licenses that have
identical filing information.

> **Maintaining Accuracy of Information.** Applicants are no longer
> required to maintain

accuracy and completeness of information furnished on their FCC Form 175
and exhibits. After the auction closes, applicants are required to make
all changes in the ULS system (Forms 601/602).

**Application processing and license grant.** Pursuant to 47 C.F.R. §§
1.2108(b) and 101.1207, and the Balanced Budget Act of 1997, Pub. L.
105-33, 111 Stat. 251 (1997), interested parties will have **ten (10)
days** to file petitions to deny after the Commission releases a public
notice announcing the FCC Forms 601 and 602 are acceptable for filing.
An applicant may file an opposition to any petition to deny within
**five (5) days** after the time for filing petitions to deny has
expired. *See* 47 C.F.R. §1.2108(c). The petitioner may file a reply to
such opposition within **five (5) days** after the time for filing
oppositions has expired. *See* 47 C.F.R. §1.2108(c). If the Commission
determines an applicant is qualified and there is no substantial and
material issue of fact concerning that determination, the Commission
will issue a public notice announcing that it is prepared to grant the
application conditioned upon the full and timely payment of the
remaining balance of the applicant\'s winning bid. Once the Commission
has received full payment of the applicant\'s winning bid, it will issue
a public notice announcing grant of the license (or licenses) to the
applicant.

**Anti-collusion rules.** To ensure the competitiveness of the auction
process, the Commission's rules prohibit applicants for the same
geographic license area from communicating with each other during the
auction about bids, bidding strategies, or settlements. As explained
more fully in the Public Notice announcing Auction No. 30,[^6] this
prohibition began with the filing of short-form applications and ends on
the down payment due date.[^7] The prohibition ends on the down payment
due date whether or not a high bidder must supplement its upfront
payment to cover its down payment. Applicants certified their compliance
with Section 1.2105(c) when their FCC Form 175 short-form applications
were signed.

\* \* \* \* \*

**For further information, contact:**

News Media: Meribeth McCarrick at 202-418-0654

Technical Support Hotline: Technical Support Personnel

at 202-414-1250 (V)

or 202-414-1255 (text telephone (TTY))

Office of the Managing Director Gail Glasser or Tim Dates

Auctions Accounting Group at 202-418-1995

(Payment, FCC Form 159 and refund

questions)

Wireless Telecommunications Bureau, Keith Fickner at 202-418-7308

Public Safety and Private Wireless Division

(FCC Form 601and 602 questions)

Wireless Telecommunications Bureau, Bob Reagle, Auctions Analyst,

Auctions and Industry Analysis Division or Lisa Stover, Project Manager
at

(Auction-related questions) 717-338-2888, or Kenneth Burnley, Auctions
Attorney, at 202-418-0660

**- FCC -**

[^1]: In the event a bidder has withdrawn a bid(s) and is subject to a
    bid withdrawal payment(s), the bidder\'s upfront payment will be
    first applied to satisfy the withdrawal payment(s) before being
    applied toward its down payment.

[^2]: ^2^ Copies of the FCC Form 159 may be obtained by calling the
    Commission\'s Forms Distribution Center at 1-800-418-3676 (outside
    Washington, D.C.) or 202-418-3676 (in the Washington area). Copies
    of the FCC Form 159 can also be obtained via the Internet
    (http://www.fcc.gov/formpage.html) or by Fax-On-Demand
    (202-418-2830).

[^3]: If, subsequent to final submission of its FCC Form 175, a bidder
    has provided the Commission with a written correction of its
    Taxpayer Identification Number, the bidder should use the corrected
    number.

[^4]: ^?^ *See* Implementation of Section 309(j) of the Communications
    Act -- Competitive Bidding, PP Docket No. 93-253, *Fifth Report and
    Order*, 9 FCC Rcd 5532, 5563 n.51 (1994); *see also* "Phase II 220
    MHz Service Auction Closes, Winning Bidders in the Auction of 908
    Phase II 220 MHz Service Licenses," *Public Notice*, 14 FCC Rcd 605
    (1999).

[^5]: 47 C.F.R. § 1.2107(c).

[^6]: ^?^ "Auction of Licenses for Fixed Point-to-Point Microwave
    Services in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and
    Filing Requirements for 2,450 Licenses in the 39 GHz Band Auction
    Scheduled for April 12, 2000; Minimum Opening Bids and Other
    Procedural Issues," *Public Notice*, DA 00-112 (rel. January 21,
    2000).

[^7]: ^?^ *See id*. at 7.