**DA 07-123**

**January 23, 2007**

**AUCTION OF 1.4 GHz BAND LICENSES**

**Nine Bidders Qualified to Participate in Auction No. 69**

**Report No. AUC-07-69-D (Auction No. 69)**

In this Public Notice*,* the Wireless Telecommunications Bureau ("WTB")
identifies nine applicants found to be qualified to bid in the upcoming
auction of 1.4 GHz band licenses (Auction No. 69).[^1] Bidding in
Auction No. 69 is scheduled to begin on Wednesday, February 7, 2007. In
addition, this Public Notice contains bidding instructions and other
important information regarding Auction No. 69.

In Auction No. 69, information on bidder interests and identities will
be publicly available from this point forward throughout the remainder
of the auction process. The Commission determined in the *Auction No. 69
Procedures Public Notice* that it would use an estimate of the level of
competition in the auction to determine the information disclosure
procedures that would apply to Auction No. 69.[^2] In particular, the
Commission concluded that if this measure of likely competition, or
eligibility ratio, is equal to or greater than three, the likely level
of competition should be sufficient to make anti-competitive outcomes
difficult to sustain and therefore the benefits of publicly revealing
information on bidder interests and bidder identities likely would
outweigh the potential harms. Because the eligibility ratio for Auction
No. 69 is equal to at least three, this auction will be conducted with
the disclosure of information on bidder interests and identities from
this point forward, e.g*.,* revealing bidder license selection before
the auction, as well as all bids and bidder identities at the end of
each round during the auction.[^3]

**Attachment A** lists the name of each of the nine qualified bidders,
their upfront payments and maximum eligibility in bidding units.

**Attachment B** lists the licenses selected on each qualified bidder's
short-form application (FCC Form 175).

**Attachment C** lists each applicant that submitted a short-form
application, but did not qualify to bid in this auction. These
applicants are reminded that they remain subject to the Commission's
rules prohibiting collusion in Commission auctions.[^4]

Designation of an applicant as qualified to bid in the auction indicates
that the applicant has provided the certifications and information
concerning its qualifications for participation in the auction as
required by the Commission's competitive bidding rules. 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 requested bidding
credit.[^5] 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.[^6]

In order to participate effectively in the auction, qualified bidders
should again familiarize themselves with the auction rules, procedures,
and other information described in the *Auction No. 69 Procedures Public
Notice* and subsequent public notices.[^7] These public notices and
other documents related to Auction No. 69 are available on the
Commission's auctions website at <http://wireless.fcc.gov/auctions/>.
The following information provides additional guidance.

**Registration*.*** Qualified bidders have been automatically registered
for the auction. Registration materials will be sent to the bidder's
contact person at the contact address identified in the bidder's
short-form application. Upon receipt, each bidder should be in
possession of the following:

-   At least two RSA SecurID^®^ tokens

-   Integrated Spectrum Auction System (ISAS) Bidder's Guide

-   FCC Auction Bidder Line phone number

Qualified bidders are solely responsible for ensuring the security of
their computer systems and their registration materials and for ensuring
that only authorized bidders place bids on their behalf. The Commission
assumes no responsibility or liability for these matters.

WARNING: Any unauthorized entity accessing or tampering with an FCC or
other government computer will be prosecuted to the full extent of the
law.

Any qualified bidder listed in Attachment A of this public notice that
has not received the registration mailing **by 12:00 p.m. Eastern Time
(ET) on Thursday, February 1, 2007**, must contact the Auctions Hotline
directly at (717) 338-2868. Qualified bidders that do not receive this
registration mailing will not be able to submit bids. Receipt of the
registration mailing is critical to participating in both the mock
auction and the actual auction, and it is the responsibility of each
qualified bidder to ensure that all registration information has been
received.

**Registration Material Replacement.** In the event that a bidder's
SecurID^®^ tokens are lost or damaged, only a person who has been
designated as an authorized bidder, the contact person, or the
certifying official on the applicant's short-form application may
request replacement registration material. Qualified bidders requiring
replacement of these items must call Technical Support at (877)
480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY).

**Bidding.** When two or more short-form applications are accepted for
filing for the same license in Auction No. 69, mutual exclusivity exists
for auction purposes.[^8] Once mutual exclusivity exists for auction
purposes, even if only one applicant for a particular license becomes a
qualified bidder, that applicant is required to submit a bid in order to
obtain the license.[^9]

The Commission will conduct this auction over the Internet, and
telephonic bidding will be available as well. The Integrated Spectrum
Auction System ("ISAS" or "FCC Auction System") can be accessed at
[http://auctions.fcc.gov](http://auctions.fcc.gov/) or
[http://auctions2.fcc.gov](http://auctions2.fcc.gov/). Bidders are
reminded that Apple^®^ Mac OS^®^ is not currently supported.

Qualified bidders are permitted to bid telephonically or electronically.
In either case, each authorized bidder must have his or her own
SecurID^®^ token. Applicants with only one authorized bidder will be
issued two SecurID^®^ tokens, while applicants with two or three
authorized bidders will be issued three tokens. For security purposes,
the SecurID^®^ tokens and the instructions for using them are only
mailed to the contact person at the contact address listed on the
applicant's short-form application. Please note that each SecurID^®^
token is tailored to a specific auction. SecurID^®^ tokens issued for
other auctions or obtained from a source other than the FCC will not
work for Auction No. 69.

In their registration materials, all qualified bidders will be supplied
with a telephone number for the Auction Bidder Line. Bidders choosing to
bid telephonically are required to use this telephone number to place
bids. Bidders choosing to bid electronically may use this telephone
number as an alternate method of bidding. Telephonic bidders are
reminded to allow sufficient time to bid by placing their calls well in
advance of the close of a round.[^10]

Please note that the SecurID^®^ tokens can be recycled, and we strongly
encourage bidders to return the tokens to the FCC once the auction
closes. We will provide pre-addressed envelopes that bidders may use to
return the tokens.

**Bidding Contingency Plan.** Bidders should develop comprehensive
contingency plans that can be quickly implemented if bidders experience
difficulty participating in the auction. While the FCC will correct any
problems within Commission‑controlled facilities, bidders are solely
responsible for anticipating and overcoming problems such as bidder
computer or other technical failures, loss of or problems with data
connections, telephone service interruptions, adverse local weather
conditions, unavailability of authorized bidders, or the loss or breach
of confidential security codes. As referenced above, the Auction Bidder
Line telephone number will be supplied with the registration material.

**Minimum Opening Bid Amounts.** There will be a minimum opening bid
amount for each license in Auction No. 69, calculated in accordance with
the factors previously announced.[^11] The minimum opening bid amount is
subject to reduction at the discretion of the Bureau. The Bureau will
not entertain requests to lower minimum opening bid amounts. The Bureau
will exercise this discretion, if at all, independent of any
communications from bidders.

**Announcements.** The Commission will post pertinent auction
information as announcements in the FCC Auction System. Bidders should
routinely check for announcements each time they enter the FCC Auction
System and should read this information carefully.

**Bidding Schedule.** On Wednesday, February 7, 2007, there will be four
rounds of bidding as follows:

Bidding Round 10:00 a.m. - 11:00 a.m. ET

Bidding Round 12:00 p.m. - 1:00 p.m. ET

Bidding Round 2:00 p.m. - 3:00 p.m. ET

Bidding Round 4:00 p.m. - 5:00 p.m. ET

The bidding schedule for Thursday, February 8, 2007, and continuing
until further notice, will be:

Bidding Round 10:00 a.m. - 10:30 a.m. ET

Bidding Round 11:15 a.m. - 11:45 a.m. ET

Bidding Round 12:30 p.m. - 1:00 p.m. ET

Bidding Round 2:00 p.m. - 2:30 p.m. ET

Bidding Round 3:15 p.m. - 3:45 p.m. ET

Bidding Round 4:30 p.m. - 5:00 p.m. ET

The Bureau will set the pace of the auction based upon monitoring of the
bidding and assessment of the auction's progress. All subsequent
schedule changes will be made by announcement via the FCC Auction System
during the course of the auction.

The Bureau announces that bidding for Auction No. 69 will be temporarily
suspended for the February 19, 2007, holiday. Bidding will resume on
Tuesday, February 20, 2007.

**Round Results.** Round results will be available approximately 10
minutes after the close of each round.

As stated above, Auction No. 69 will be conducted using the procedures
that disclose the information on bidder interests, bids and bidder
identities that typically has been revealed prior to and during past FCC
auctions.[^12] Accordingly, round results will include all bid
information for a round, including bidder identities.

When a bidder is logged in to the FCC Auction System, it will have a
selection of "My Bid Reports" available to it on the FCC Auction
System's bidding page. Information in "My Bid Reports" allows only the
respective bidder to view all of its actions in the current and previous
rounds of the auction.

Detailed instructions for reviewing and downloading round results are
provided in the Integrated Spectrum Auction System (ISAS) Bidder's
Guide. The bidder's guide is included with qualified bidders'
registration materials and is available in electronic form through the
"HELP" link in the FCC Auction System.

**Watchlists.** The FCC Auction System sets up for each qualified bidder
a default watchlist, called All Licenses, that contains every license
selected on the bidder's short-form application. Qualified bidders may
create additional watchlists containing licenses of their own choosing,
and licenses may appear in multiple watchlists. Bidders may access the
FCC Auction System and begin creating their watchlists upon receipt of
their SecurID^®^ tokens. Instructions for creating watchlists will be
provided in the Integrated Spectrum Auction System (ISAS) Bidder's
Guide. Please note that watchlists created in the mock auction will not
display in Auction No. 69.

**Bidder Questions during the Auction.** FCC auction staff and technical
support staff will be available during the auction to answer questions
from authorized bidders. When appropriate, a bidder should identify
itself as a bidder with a time-sensitive auction question when calling.
Help can be obtained through the following options:

+-----------------------------------+-----------------------------------+
| FCC Auction Bidder Line           | Use Auction Bidder Line telephone |
|                                   | number supplied in registration   |
| (telephonic bidding, auction      | mailing                           |
| conduct questions)                |                                   |
+-----------------------------------+-----------------------------------+
| FCC Technical Support             | \(877\) 480-3201, option nine;    |
|                                   | (202) 414-1250; or (202) 414-1255 |
| (all technical questions,         | (TTY)                             |
| software and hardware)            |                                   |
+-----------------------------------+-----------------------------------+
| FCC Auctions and Spectrum Access  | \(202\) 418-0660                  |
| Division (legal questions only)   |                                   |
+-----------------------------------+-----------------------------------+

The FCC Auction System includes a function for bidders to submit
suggestions to the FCC, but this is **not** an appropriate mechanism for
asking time-sensitive questions that may need an immediate response,
such as questions about auction procedures or other issues. Such
questions should be directed to one of the telephone numbers listed
above.

**Amendments to FCC Form 175.** Applicants are responsible for
maintaining the accuracy and completeness of information furnished in
their short-form applications, including their attachments.[^13]
Applicants should amend their short-form applications as promptly as
possible, but no later than ten business days from the occurrence of a
reportable change. Changes that cause a loss of or reduction in
eligibility for a bidding credit must be reported immediately.
Applicants must modify their short-form application electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction69@fcc.gov>. Questions about
changes should be directed to Howard Davenport at (202) 418-0660.

As described in the Commission's rules, applicants may make only minor
corrections to their short-form applications (e.g., changing an
authorized bidder or facsimile number).[^14] Major modifications
(e.g*.*, license selection changes, newly claimed or increased bidding
credit, or changing control of the applicant) will not be accepted.[^15]
Bidders are reminded that any change affecting eligibility for a bidding
credit, insofar as it results in the diminishment or loss of a bidding
credit claimed on the short-form application, must be clearly stated in
the bidder's amendment and in the summary letter referenced above. In
such cases, the Commission will make appropriate adjustments in the
bidding credit prior to the computation of any down and final payment
amounts due.

**Due Diligence.** Potential bidders are reminded that they are solely
responsible for investigating and evaluating all technical and
marketplace factors that may have a bearing on the value of the 1.4 GHz
Band facilities being offered in this auction. The Commission makes no
representations or warranties about the use of this spectrum for
particular services. Potential bidders are strongly encouraged to
conduct their own research prior to the beginning of competitive bidding
in Auction No. 69, in order to determine the existence of pending
administrative or judicial proceedings, pleadings, applications, or
authorizations that might affect their decisions regarding participation
in the auction. Bidders are also responsible for reviewing all pending
rulemaking petitions and open proceedings, as well as reconsideration
petitions or waiver requests, that might affect the license on which
they plan to bid. Additionally, potential bidders should perform
technical analyses sufficient to assure themselves that, should they
prevail in competitive bidding for a given license, they will be able to
build and operate facilities that will comply fully with the
Commission's technical and legal requirements. Participants in Auction
No. 69 are strongly encouraged to continue such research during the
auction.

Each potential bidder is solely responsible for identifying associated
risks and for investigating and evaluating the degree to which such
matters may affect the bidder's ability to bid on, otherwise acquire, or
make use of licenses available in Auction No. 69. For further details
regarding due diligence, qualified bidders should refer to the *Auction
No. 69 Procedures Public Notice* under Section I.B.4.[^16]

Potential applicants are advised that there are several government
operations that will continue to operate in these bands.

*[The 1390-1392 MHz Band]{.underline}.* Radio astronomy observations may
be assigned in the 1350-1400 MHz band on an unprotected basis at the 16
radio astronomy observatories identified in the table of Footnote
US311.[^17] In the 1390-1400 MHz band, government operations authorized
as of March 22, 1995, at the 17 sites identified in the table of
Footnote US351 will continue to operate on a fully protected basis until
January 1, 2009.[^18] All other government operations, except for
medical telemetry (1395-1400 MHz), will operate on a non-interference
basis to authorized non-Government operations and shall not hinder
implementation of any non-Government operations.[^19]

*[The 1392-1395 MHz and 1432-1435 MHz Bands]{.underline}.* Radio
astronomy observations may be assigned in the 1350-1400 MHz band on an
unprotected basis at the 16 radio astronomy observatories identified in
the table of Footnote US311. In the 1390-1400 MHz band, government
operations authorized as of March 22, 1995, at the 17 sites identified
in the table of Footnote US351 will continue to operate on a fully
protected basis until January 1, 2009.[^20] All other government
operations, except for medical telemetry (1395-1400 MHz), will operate
on a non-interference basis to authorized non-Government operations and
shall not hinder implementation of any non-Government operations.[^21]
In the 1432-1435 MHz band, government stations in the fixed and mobile
services may operate indefinitely on a primary basis at the 23 sites
listed in the table of Footnote US361.[^22] All other Government
stations in the fixed and mobile services shall operate on a primary
basis until re-accommodated in accordance with the National Defense
Authorization Act of 1999.[^23]

1.4 GHz Band licensees must comply with the pertinent rule sections set
forth in 47 C.F.R. Part 27. Also, potential bidders should be aware that
as part of the 2007 World Radio Communications Conference, WRC-07, NTIA
has proposed more stringent out-of-band emission limits than presently
specified in Section 27.53(i) of the Commission's rules in the bands
1350-1400 MHz and 1427-1452.[^24] The potential for stricter emission
limits could impact the operations in these bands.

**Mock Auction.** On Monday, February 5, 2007, the Bureau will conduct a
mock auction, which will allow qualified bidders to familiarize
themselves with the FCC Auction System. Only qualified bidders will be
permitted to participate in the mock auction. The Bureau will conduct
this auction over the Internet, and telephonic bidding will also be
available.

Qualified bidders can access the mock auction at
[http://auctions.fcc.gov](http://auctions.fcc.gov/) or
[http://auctions2.fcc.gov](http://auctions2.fcc.gov/). Bidders choosing
to bid electronically are advised to review the Integrated Spectrum
Auction System (ISAS) Bidder's Guide provided in the registration
material. Qualified bidders that wish to place bids telephonically
should use the telephone number supplied in the Auction No. 69
registration materials.

[]{.mark}

The mock auction will include only 14 of the 64 licenses: MEA001 --
MEA010 and EAG001-A, EAG001-B, EAG002-A, and EAG002-B, and will follow
the rules governing the actual auction. The mock auction will be
identified as Mock Auction No. 74. The FCC Auction System will assume
that each bidder applied for all 14 licenses. The FCC Auction System
will also assume that each bidder submitted an upfront payment
sufficient to give the bidder initial (maximum) eligibility (as measured
in bidding units) to bid on all 14 of those licenses. The mock auction
will simulate the start of the auction, and each bidder will be required
to be active on 80 percent of its current bidding eligibility. If a
bidder does not meet this requirement, it will have a waiver
automatically applied (if the bidder has any waivers available), or its
current eligibility will be permanently reduced (if the bidder has no
waivers remaining), possibly eliminating the bidder from further bidding
in the auction.

The mock auction bidding schedule for Monday, February 5, 2007, will be:

Round 1 10:00 a.m. - 11:00 a.m. ET

Round 2 12:00 p.m. - 1:00 p.m. ET

Round 3 2:30 p.m. - 3:00 p.m. ET

Round 4 3:30 p.m. - 4:00 p.m. ET

Round 5 4:15 p.m. - 4:30 p.m. ET

**Prohibition of Collusion.** Applicants are reminded that Section
1.2105(c) of the Commission's rules prohibits applicants for any of the
same geographic license areas from communicating with each other about
bids or bidding strategies unless they have identified each other on
their short-form applications as parties with which they have entered
into agreements under Section 1.2105(a)(2)(viii).[^25] The "geographic
license area" is the market designation of the particular service.[^26]
For the 1.4 GHz band licenses, the market designation is the particular
license (e.g., Market Number EAG001, Northeast, Channel Block A). In
Auction No. 69, the rule applies to applicants applying for any of the
same EAG or MEA licenses. The rule also applies to applicants applying
for licenses in overlapping EAGs and MEAs. Therefore, applicants that
have applied to bid for the same EAG or MEA license or for licenses in
overlapping EAGs and MEAs have been precluded from engaging in
prohibited communications after the short-form application (FCC Form
175) deadline. In addition, even if auction applicants are each eligible
to bid on only one common license, they may not discuss with each other
their bids or bidding strategies relating to any license on which either
is eligible to bid. For Auction No. 69, this prohibition became
effective at the short-form application filing deadline on Monday,
December 11, 2006, and will end on the post-auction down payment
deadline, which will be announced in a future public notice.[^27] **This
prohibition applies to all applicants regardless of whether such
applicants became qualified bidders or actually bid.**[^28] The
prohibition continues for all applicants until the down payment deadline
regardless of whether an applicant became a winning bidder and needs to
make an additional payment by the down payment deadline.

For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
"applicant" to include all officers and directors of the entity
submitting a short-form application to participate in the auction, all
controlling interests of that entity, as well as all holders of
partnership and other ownership interests and any stock interest
amounting to 10 percent or more of the entity, or outstanding stock, or
outstanding voting stock of the entity submitting a short-form
application.[^29] If parties had agreed in principle on all material
terms of a bidding agreement(s), those parties must have been identified
on the short-form application under Section 1.2105(c), even if the
agreement had not been reduced to writing. If parties had not agreed in
principle by the filing deadline, an applicant should not have included
the names of those parties on its application and must not have
continued negotiations or communications prohibited by the
anti-collusion rule.[^30]

Applicants for licenses for any of the same EAGs or MEAs or overlapping
EAGs and MEAs must not communicate directly or indirectly about bids or
bidding strategy.[^31] Applicants competing for licenses for any of the
same EAG or MEA licenses are encouraged not to use the same individual
as an authorized bidder.[^32] A violation of the anti-collusion rule
could occur if an individual acts as the authorized bidder for two or
more competing applicants and conveys information concerning the
substance of bids or bidding strategies between the bidders he or she is
authorized to represent in the auction. A violation could similarly
occur if the authorized bidders are different individuals employed by
the same organization (e.g., law firm or consulting firm). In such a
case, at a minimum, applicants should take precautionary steps to
prevent communication between authorized bidders.[^33] However, the
Bureau cautions that merely filing a certifying statement as part of the
short-form application will not outweigh specific evidence that
collusive behavior has occurred, nor will it preclude the initiation of
an investigation when warranted.[^34]

In addition, Section 1.65 of the Commission's rules requires an
applicant to maintain the accuracy and completeness of information
furnished in its pending application and to notify the Commission within
30 days of any substantial change that may be of decisional significance
to that application.[^35] Thus, Section 1.65 requires auction applicants
that engage in a communication of bids or bidding strategies that
results in a bidding agreement, arrangement, or understanding not
already identified on their short-form applications to promptly disclose
any such agreement, arrangement or understanding to the Commission by
amending their pending applications. In addition, Section 1.2105(c)(6)
requires all auction applicants to report any prohibited discussion or
disclosure regarding bids or bidding strategy to the Commission in
writing immediately, but in no case later than five business days after
the communication occurs, even if the communication does not result in
an agreement or understanding regarding bids or bidding strategy that
must be reported under Section 1.65.[^36]

Applicants that are winning bidders will be required to disclose in
their long-form applications the specific terms, conditions, and parties
involved in all bidding consortia, joint ventures, partnerships, or
other agreements or arrangements relating to the competitive bidding
process into which they have entered with any other party or
parties.[^37] Any applicant found to have violated the anti-collusion
rule may be subject to sanctions.[^38] In addition, applicants are
reminded that they are subject to the antitrust laws, which are designed
to prevent anti-competitive behavior in the marketplace. If an applicant
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.[^39]

**Submission of Auction-Related Filings.** As noted above, applicants
seeking to amend their short-form applications during the auction must
make modifications to their short-form applications electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction69@fcc.gov>.

Parties wishing to submit requests, complaints, or other information
concerning Auction No. 69 also should send a copy by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction69@fcc.gov>, in addition to
following other procedures prescribed by the Commission's rules. The
Commission occasionally receives complaints regarding certain bidders
and requests to suspend bidding during an auction. While the Commission
reserves the right to take appropriate action during an auction to
preserve the integrity of the auction process, it is generally our
practice to address any such allegations only after the winning bidders
have submitted their long-form applications, when there is greater
opportunity for investigation of such allegations, if warranted. The
Commission will not investigate any complaints or allegations that are
not accompanied by full contact information, including name, address,
and telephone number, for the complaining party or parties.

Finally, parties wishing to make suggestions concerning Auction No. 69
or future auctions are encouraged to present such ideas using the
suggestion feature of the FCC Auction System. (As mentioned above, this
feature is not an appropriate mechanism for posing time-sensitive
questions that need an immediate response.) Commission staff considers
all suggestions, but may not always provide an individualized response.

**Long-Form Applications.** Within ten days after release of the auction
closing notice, each winning bidder must electronically submit a
properly completed long-form application (FCC Form 601), for each
license that it won in Auction No. 69.[^40] Applicants that claim
eligibility to receive a small business or very small business bidding
credit should be aware that, following the auction, they will be subject
to more extensive reporting requirements contained in the Commission's
Part 1 ownership disclosure rule.[^41] In addition, applicants with
foreign ownership interests will be required to comply with 47 U.S.C. §
310(b) at the long-form application stage. Further filing instructions
will be provided to auction winners at the close of the auction.[^42]

For additional information regarding this public notice, please contact:

Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau:

For bidding and software questions: Roy Knowles at (717) 338-2868

For bidding, auction procedures, and general filing questions: Barbara
Sibert at (717) 338-2868

For legal questions: Howard Davenport at (202) 418-0660

Mobility Division, Wireless Telecommunications Bureau:

For legal and service rule questions: Erin McGrath, Michael Connelly
(legal) or Keith Harper (technical) at (202) 418-0620

For technical questions about software or hardware, please contact FCC
Technical Support at (877) 480-3201, option nine; (202) 414-1250; or
(202) 414-1255 (TTY).

**[- FCC
-]{.smallcaps}**![](media/image1.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^1]: *See* "Auction of 1.4 GHz Band Licenses Scheduled for February 7,
    2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront
    Payments and Other Procedures for Auction No. 69," *Public Notice,*
    21 FCC Rcd 12393 (2006) ("*Auction No. 69 Procedures Public
    Notice*").

[^2]: *Auction No. 69 Procedures Public Notice,* 21 FCC Rcd at 12425.
    The eligibility ratio is defined as the total number of bidding
    units of eligibility purchased by bidders through their upfront
    payments divided by the total number of bidding units for the
    licenses in the auction. *Id.* at 12396*.*

[^3]: *See id.,* 21 FCC Rcd at 12425-26. The eligibility ratio for
    Auction No. 69 equals 4.17.

[^4]: *See* 47 C.F.R. § 1.2105(c); *Auction No. 69 Procedures Public
    Notice*, 21 FCC Rcd 12399-403 ¶¶ 15-23.

[^5]: *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).

[^6]: 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 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.

[^7]: *See Auction No. 69 Procedures Public Notice*; *see also* Auction
    of 1.4 GHz Band Licenses, Status of Short-Form Applications to
    Participate in Auction No. 69, *Public Notice*, DA 07-2 (rel. Jan.
    4, 2007).

[^8]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, PP Docket No. 93-253, *Second Report and
    Order*, 9 FCC Rcd 2348, 2376 ¶ 165 (1994).

[^9]: Any applicant that submits a short-form application that is
    accepted for filing but fails to timely submit an upfront payment
    will retain its place in the mutually exclusive ("MX") group but,
    having purchased no bidding eligibility, will not be eligible to
    bid.

[^10]: The length of a call to place a telephonic bid may vary; please
    allow a minimum of 10 minutes.

[^11]: *Auction No. 69 Procedures Public Notice*, 21 FCC Rcd 12432-33 ¶¶
    152-57. Attachment A of the *Auction No. 69 Procedures Public
    Notice* sets forth the minimum opening bid amounts for each license
    offered in Auction No. 69.

[^12]: *See Auction No. 69 Procedures Public Notice*, 21 FCC Rcd at
    12425-26.

[^13]: *See* 47 C.F.R. § 1.65.

[^14]: *See* 47 C.F.R. § 1.2105(b).

[^15]: *Id*.

[^16]: *Auction No. 69 Procedures Public Notice*, 21 FCC Rcd 12405-06 ¶¶
    31-40.

[^17]: 47 C.F.R. § 2.106 n. US311.

[^18]: 47 C.F.R. § 2.106 n. US351.

[^19]: *See id.*

[^20]: 47 C.F.R. § 2.106 n. US351.

[^21]: *See id.*

[^22]: 47 C.F.R. § 2.106 n. US361.

[^23]: *See id.*

[^24]: *See* "FCC Seeks Comment on Recommendations Approved by the
    Advisory Committee for the 2007 World Radiocommunication
    Conference," *Public Notice*, 21 FCC Rcd 4859 (2006).

[^25]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). *See also*
    *Auction No. 69 Procedures Public Notice*, 21 FCC Rcd 12399-403 ¶¶
    15-23, for a discussion of the anti-collusion rules for Auction No.
    69. *See* Amendment of Part 1 of the Commission's Rules --
    Competitive Bidding Procedures, WT Docket No. 97-82, *Seventh Report
    and Order*, 16 FCC Rcd 17546 (2001) ("*Part 1* *Seventh Report and
    Order*"); *see also id*., *Order on Reconsideration of the Third
    Report and Order, Fifth Report and Order, and Fourth Further Notice
    of Proposed Rule Making*, 15 FCC Rcd 15293, 15297-98 ¶¶ 7-8 (2000).

[^26]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549 n.12.

[^27]: 47 C.F.R. § 1.2105(c)(1).

[^28]: *See, e.g.*, Star Wireless, LLC, *Forfeiture Order*, 19 FCC Rcd
    18626 (EB 2004) (imposing forfeiture in the amount of \$100,000 for
    violation of the anti-collusion rule, even though an applicant never
    made an upfront payment for the auction and was not listed as a
    qualified bidder); Northeast Communications of Wisconsin, LLC,
    *Forfeiture Order*, 19 FCC Rcd 18635 (EB 2004) (imposing forfeiture
    in the amount of \$100,000 for violation of the anti-collusion rule,
    even though the applicant never made an upfront payment for the
    auction and was not listed as a qualified bidder); Letter to Robert
    Pettit, Esq., from Margaret W. Wiener, 16 FCC Rcd 10080 (WTB Auc.
    Div. 2000) (declining to exempt an applicant's controlling interest
    from coverage by the anti-collusion rule, even though the applicant
    never made an upfront payment for the auction and was not listed as
    a qualified bidder).

[^29]: 47 C.F.R. § 1.2105(c)(7)(i).

[^30]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645
    (1995).

[^31]: *See Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶
    6.

[^32]: *See Auction No. 69 Procedures Public Notice*, 21 FCC Rcd 12400 ¶
    17.

[^33]: *See* Application of Nevada Wireless for a License to Provide 800
    MHz Specialized Mobile Radio Service in the Farmington, NM-CO
    Economic Area (EA-155) Frequency Band A, *Memorandum Opinion and
    Order,* 13 FCC Rcd 11973, 11977 ¶ 11 (1998).

[^34]: *Id*., 13 FCC Rcd at 11978 ¶ 13.

[^35]: 47 C.F.R. § 1.65.

[^36]: 47 C.F.R. §§ 1.65, 1.2105(c)(6); *see also Part 1* *Seventh
    Report and Order*, 16 FCC Rcd at 17555 ¶ 17.

[^37]: *See* 47 C.F.R. § 1.2107(d).

[^38]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^39]: *See* 47 C.F.R. § 1.2109(d).

[^40]: *See* 47 C.F.R. §§ 1.2107.

[^41]: *See* 47 C.F.R. § 1.2112(b).

[^42]: *See* 47 C.F.R. §§ 1.2107, 1.2109(a).