October 31, 2006

DA 06-2141

**[Via Certified Mail, Return Receipt Requested]{.underline}**

Mr. Cregg B. Baumbaugh, Director

Eclipse Communications Corporation

2001 NW Sammamish Road, Suite 100

Issaquah, WA 98027

**Re: Final Bid Withdrawal Payment For Auction No. 17**

Dear Mr. Baumbaugh:

Eclipse Communications Corporation ("Eclipse"), a participant in Auction
No. 17, withdrew its high bid on two licenses, BTA105A and BTA486A, in
that auction. Auction No. 23, the subsequent auction for the licenses on
which Eclipse withdrew its high bid, has closed. As shown on Attachment
A, in accordance with the Federal Communications Commission's
("Commission's") rules, we are now able to calculate Eclipse's final bid
withdrawal payment obligations.

Under the Commission's rules, a bidder 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the difference between the amount of the withdrawn bid and the amount of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 If a high bid is withdrawn on a license that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, the withdrawing bidder will
be required to make an interim payment equal to three percent (3%) of
the net amount of the withdrawn bid.[^1] This payment amount is deducted
from any upfront payments or down payments deposited for this bidder's
account with the Commission.[^2] If, in a subsequent auction, that
license receives a winning bid in an amount equal to or greater than the
withdrawn bid amount, then no final bid withdrawal payment will be
assessed, and, upon appropriate request, the Commission will refund the
interim three percent (3%) payment.[^3] If in a subsequent auction, the
winning bid for that license is less than the bidder's withdrawn amount,
then the bidder will be required to make a final bid withdrawal payment
equal to either the difference between the bidder's net withdrawn bid
and the subsequent net winning bid, or the difference between the
bidder's gross withdrawn bid and the subsequent gross winning bid,
whichever is less.[^4]

As shown in Attachment A, in accordance with Section 1.2104(g)(1), after
applying any interim bid withdrawal payments or amounts on deposit with
the Commission, Eclipse has a refund due of \$15,799.00.

**Ordering Clauses**

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of
the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(i), 309, and
Section 1.2104(g) of the Commission's rules, 47 C.F.R. § 1.2104(g),
Eclipse Communications Corporation is ASSESSED final bid withdrawal
payments as computed in Attachment A.

IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. §§ 1.2104 and 1.2106,
Eclipse Communications Corporation's interim bid withdrawal payments or
funds on deposit will be applied towards the sum of the final bid
withdrawal payment.

IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the
Commission's rules, the Commission is prepared to refund to the payor(s)
of record, the remaining funds withheld in connection with Eclipse
Communications Corporation's withdrawals referenced above. To obtain a
refund, the payor(s) of record[^5] must submit a request(s) in
accordance with the instructions set forth in Attachment B.

IT IS FURTHER ORDERED that this letter shall be sent to the applicant
and its representatives by certified mail. 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

##  

## ATTACHMENT A

**Multi-Auction**

**Bid Withdrawal Payment/Refund Report**

+-------+--------+--------+--------+---------+-------+--------+-------+
| *     | *      | **Wit  | **     | **Re-au | **3%  | *      | **Ref |
| *Lice | *Withd | hdrawn | Re-auc | ction** | De    | *Final | und** |
| nse** | rawn** | Net    | tion** |         | posit | Bid    |       |
|       |        | Bid    |        | **Net   | Wit   | With   | **    |
| **Num | *      | Auc    | *      | Bid     | hheld | drawal | Due** |
| ber** | *Gross | tion** | *Gross | Au      | from  | Pay    |       |
|       | Bid    |        | Bid    | ction** | Auct  | ment** |       |
|       | Auc    | **\#   | Auc    |         | ion** |        |       |
|       | tion** | 17**   | tion** | **\#    |       |        |       |
|       |        |        |        | 23**    | **\#  |        |       |
|       | **\#   |        | **\#   |         | 17**  |        |       |
|       | 17**   |        | 23**   |         |       |        |       |
+-------+--------+--------+--------+---------+-------+--------+-------+
| BT    | \$419, | \$419, | \$     | \$1,039 | \     | \$0.00 | \     |
| A105A | 650.00 | 650.00 | 1,386, | ,500.00 | $12,5 |        | $12,5 |
|       |        |        | 000.00 |         | 89.00 |        | 89.00 |
+-------+--------+--------+--------+---------+-------+--------+-------+
| BT    | \$107, | \$107, | \$451, | \$248   | \$3,2 | \$0.00 | \$3,2 |
| A486A | 000.00 | 000.00 | 000.00 | ,050.00 | 10.00 |        | 10.00 |
+-------+--------+--------+--------+---------+-------+--------+-------+

  ------------------------------------------ ----------------------------
  **Total Refund**                           **\$15,799.00**

  ------------------------------------------ ----------------------------

## 

## 

## 

## 

**[ATTACHMENT B]{.underline}**

The Commission will make refunds upon compliance with the following
procedures:

-   For each payor of record, submit an Automated Clearing House
    Vendor/Miscellaneous Payment Enrollment Form ("ACH form") (see
    sample attached).[^6] You may obtain additional copies of this form
    at http://www.fms.treas.gov/pdf/3881.pdf.

> The ACH form may be either faxed or mailed to the Commission. The fax
> number is: (202) 418-2843. The mailing address is: Federal
> Communications Commission, Office of the Managing Director, Attention:
> Auctions Accounting Group, Room 1-C864, 445 12^th^ St. SW, Washington,
> D.C. 20554. If you have any questions concerning the completion of
> this form, please contact Gail Glasser at (202) 418-0578.

-   Submit a letter (along with the ACH form) signed by the payor of
    record, requesting a refund. The Commission will calculate the
    amount of the applicable refund.

Refunds will be processed within approximately two weeks of the
Commission's receipt of the ACH form and accompanying letter from the
payor of record.

\- FCC-

[^1]: ^?^ 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 at n. 51 (1994); C.H. PCS, Inc., 11 FCC
    Rcd 14495 (1996) (requiring a three percent deposit).

[^2]: ^?^ 47 C.F.R. § 1.2106(d) and (e).

[^3]: ^?^ 47 C.F.R. § 1.2104(g)(1).

[^4]: ^?^ 47 C.F.R. § 1.2104(g)(1).

[^5]: *See* 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 entities or individuals other
    than the payor of record).

[^6]: 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.