DA 02-3560

December 20, 2002

LOWER AND UPPER PAGING BANDS AUCTION

SCHEDULED FOR MAY 13, 2003

**Notice and Filing Requirements, Minimum Opening Bids,**

**Upfront Payments and Other Auction Procedures**

Report No. AUC-02-48-B (Auction No. 48)

I. General Information [1](#general-information)

A. Introduction [1](#introduction)

1\. Background of Proceeding [1](#background-of-proceeding)

2\. Licenses to Be Auctioned [2](#licenses-to-be-auctioned)

B. Rules and Disclaimers [5](#rules-and-disclaimers)

1\. Relevant Authority [5](#relevant-authority)

2\. Prohibition of Collusion [6](#prohibition-of-collusion)

3\. Incumbent Licensees [8](#incumbent-licensees)

4\. Due Diligence [8](#due-diligence)

5\. Bidder Alerts [10](#bidder-alerts)

6\. National Environmental Policy Act ("NEPA") Requirements
[11](#national-environmental-policy-act-nepa-requirements)

C. Auction Specifics [11](#auction-specifics)

1\. Auction Date [11](#auction-date)

2\. Auction Title [12](#auction-title)

3\. Bidding Methodology [12](#bidding-methodology)

4\. Pre-Auction Dates and Deadlines
[12](#pre-auction-dates-and-deadlines)

5\. Requirements For Participation [12](#requirements-for-participation)

6\. General Contact Information [13](#general-contact-information)

II\. SHORT-FORM (FCC FORM 175) APPLICATION REQUIREMENTS
[14](#short-form-fcc-form-175-application-requirements)

A. License Selection 12

B. Ownership Disclosure Requirements (FCC Form 175 Exhibit A)
[14](#ownership-disclosure-requirements-fcc-form-175-exhibit-a)

C. Consortia And Joint Bidding Arrangements (FCC Form 175 Exhibit B)
[14](#consortia-and-joint-bidding-arrangements-fcc-form-175-exhibit-b)

D. Eligibility [15](#eligibility)

1\. Small Business Bidding Credit Eligibility (FCC Form 175 Exhibit C)
[15](#small-business-bidding-credit-eligibility-fcc-form-175-exhibit-c)

2\. Tribal Land Bidding Credit [16](#tribal-land-bidding-credit)

3\. Applicability of Part 1 Attribution Rules
[16](#applicability-of-part-1-attribution-rules)

4\. Supporting Documentation [17](#supporting-documentation)

E. Provisions Regarding Defaulters and Former Defaulters (FCC Form 175
Exhibit D)
[18](#provisions-regarding-defaulters-and-former-defaulters-fcc-form-175-exhibit-d)

F. Installment Payments [18](#installment-payments)

G. Other Information (FCC Form 175 Exhibits E and F)
[18](#other-information-fcc-form-175-exhibits-e-and-f)

H. Minor Modifications to Short-Form Applications (FCC Form 175)
[19](#minor-modifications-to-short-form-applications-fcc-form-175)

I. Maintaining Current Information in Short-Form Applications (FCC Form
175)
[19](#maintaining-current-information-in-short-form-applications-fcc-form-175)

III\. PRE-AUCTION PROCEDURES [19](#pre-auction-procedures)

A. Auction Seminar [19](#auction-seminar)

B. Short-Form Application (FCC Form 175) --- Due March 21, 2003
[20](#short-form-application-fcc-form-175-due-march-21-2003)

1\. Electronic Filing [20](#electronic-filing)

2\. Completion of the FCC Form 175 [20](#completion-of-the-fcc-form-175)

3\. Electronic Review of FCC Form 175
[20](#electronic-review-of-fcc-form-175)

C. Application Processing and Minor Corrections
[21](#application-processing-and-minor-corrections)

D. Upfront Payments --- Due April 14, 2003
[21](#upfront-payments-due-april-14-2003)

1\. Making Auction Payments by Wire Transfer
[22](#making-auction-payments-by-wire-transfer)

2\. FCC Form 159 [22](#fcc-form-159)

3\. Amount of Upfront Payment [22](#amount-of-upfront-payment)

4\. Applicant's Wire Transfer Information for Purposes of Refunds of
Upfront Payments
[24](#applicants-wire-transfer-information-for-purposes-of-refunds-of-upfront-payments)

E. Auction Registration [24](#auction-registration)

F. Electronic Bidding [25](#electronic-bidding)

G. Mock Auction [25](#mock-auction)

IV\. AUCTION EVENT [25](#auction-event)

A. Auction Structure [26](#auction-structure)

1\. Simultaneous Multiple Round Auction
[26](#simultaneous-multiple-round-auction)

2\. Maximum Eligibility and Activity Rules
[26](#maximum-eligibility-and-activity-rules)

3\. Auction Stages [27](#auction-stages)

4\. Stage Transitions [28](#stage-transitions)

5\. Activity Rule Waivers and Reducing Eligibility
[28](#activity-rule-waivers-and-reducing-eligibility)

6\. Auction Stopping Rules [29](#auction-stopping-rules)

7\. Auction Delay, Suspension, or Cancellation
[30](#auction-delay-suspension-or-cancellation)

B. Bidding Procedures [30](#bidding-procedures)

1\. Round Structure [30](#round-structure)

2\. Reserve Price or Minimum Opening Bid
[31](#reserve-price-or-minimum-opening-bid)

3\. Minimum Acceptable Bids and Bid Increments
[32](#minimum-acceptable-bids-and-bid-increments)

4\. High Bids [34](#high-bids)

5\. Bidding [34](#bidding)

6\. Bid Removal and Bid Withdrawal [37](#bid-removal-and-bid-withdrawal)

7\. Round Results [38](#__RefHeading___Toc511011621)

8\. Auction Announcements [39](#auction-announcements)

9\. Maintaining the Accuracy of FCC Form 175 Information
[39](#maintaining-the-accuracy-of-fcc-form-175-information)

V. POST-AUCTION PROCEDURES [39](#post-auction-procedures)

A. Down Payments and Withdrawn Bid Payments
[39](#down-payments-and-withdrawn-bid-payments)

B. Auction Discount Voucher 35

C. Long-Form Application [40](#long-form-application)

D. Tribal Land Bidding Credit [40](#tribal-land-bidding-credit-1)

E. Default and Disqualification [41](#__RefHeading___Toc511011628)

F. Refund of Remaining Upfront Payment Balance
[41](#refund-of-remaining-upfront-payment-balance)

VI\. Attachment A- Licenses to be Auctioned A-1

VII\. Attachment B- FCC Auction Seminar Registration Form B-1

VIII\. Attachment C- Electronic Filing and Review of the FCC Form 175
C-[1](#attachment-c)

IX\. Attachment D- Guidelines for Completion of FCC Form 175 and
Exhibits D-[1](#attachment-d)

X. Attachment E- Auction-Specific Instructions for FCC Remittance Advice
(FCC Form 159-February 2000 Edition) E-[1](#attachment-e)

XI\. Attachment F- Summary Listing of Documents from the Commission and
the Wireless Telecommunications Bureau Addressing Application of the
Anti-Collusion Rules F-[1](#attachment-f)

XII\. Attachment G- Due Diligence List of Pending Paging Services
Matters G-1

# General Information

## Introduction

By this public notice, the Wireless Telecommunications Bureau ("Bureau")
announces the procedures and minimum opening bids for the upcoming
auction of licenses for the lower and upper paging bands (Auction No.
48) scheduled for May 13, 2003. In accordance with the Balanced Budget
Act of 1997,[^1] the Bureau released a public notice on November 7, 2002
seeking comment on reserve prices or minimum opening bids and the
procedures to be used in Auction No. 48.[^2] The Bureau received two
comments[^3] and no reply comments in response to the *Auction No. 48
Comment Public Notice*.

### Background of Proceeding

In the *Paging Second Report and Order*, the Commission adopted rules
governing geographic licensing for exclusive channels in the 35 MHz, 43
MHz, 152 and 158 MHz, 454 MHz and 459 MHz, 929 MHz, and 931 MHz bands
allocated for paging, and competitive bidding procedures for granting
mutually exclusive applications for non-nationwide geographic area
licenses in those bands.[^4] In order to facilitate geographic
licensing, the Commission dismissed all pending mutually exclusive
paging applications and all non-mutually exclusive paging applications
filed after July 31, 1996.[^5] In part, the Commission developed a
standard methodology for providing protection to incumbent licensees
from co-channel interference for the 929-930 MHz and 931-932 MHz paging
bands to supplement the existing formulas for determining interference
contours on other paging bands.[^6]

### Licenses to Be Auctioned

The licenses available in Auction No. 48 include 8,874 lower paging
bands (35 MHz, 43 MHz, 152 and 158 MHz, 454 MHz and 459 MHz, 929 MHz,
931 MHz bands) licenses, as well as 1,328 upper paging bands (929-931
MHz) licenses that remained unsold from a previous auction or were
defaulted on by a winning bidder in a previous auction. The lower bands
licenses will be offered in each of the 175 geographic areas known as
Economic Areas (EAs) and the upper bands licenses will be offered in all
but three of the 51 geographic areas known as Major Economic Areas
(MEAs). These EAs and MEAs both encompass the United States, Guam and
Northern Mariana Islands, Puerto Rico and the United States Virgin
Islands, and American Samoa. The tables below contain the
block/frequency cross-reference list for the paging bands. Due to the
large volume of licenses in Auction No. 48, the complete list of
licenses available for this auction will be provided in electronic
format only, available as "Attachment A" to this Public Notice at
http://wireless.fcc.gov/auctions/48/.

35 MHz Lower Band Paging \-- 20 kHz per Block, Unpaired Channels

+------+---------+------+---------+------+--------+-------+---------+
| *    | *       | *    | *       | *    | **     | **Bl  | *       |
| *Blo | *Center | *Blo | *Center | *Blo | Center | ock** | *Center |
| ck** | Freq    | ck** | Freq    | ck** | Frequ  |       | Freq    |
|      | uency** |      | uency** |      | ency** |       | uency** |
|      |         |      |         |      |        |       |         |
|      | **      |      | **      |      | **(    |       | **      |
|      | (MHz)** |      | (MHz)** |      | MHz)** |       | (MHz)** |
+------+---------+------+---------+------+--------+-------+---------+
| CA   | 35.20   | CE   | 35.30   | CI   | 35.46  | CM    | 35.58   |
+------+---------+------+---------+------+--------+-------+---------+
| CB   | 35.22   | CF   | 35.34   | CJ   | 35.50  | CN    | 35.60   |
+------+---------+------+---------+------+--------+-------+---------+
| CC   | 35.24   | CG   | 35.38   | CK   | 35.54  | CO    | 35.62   |
+------+---------+------+---------+------+--------+-------+---------+
| CD   | 35.26   | CH   | 35.42   | CL   | 35.56  | CP    | 35.66   |
+------+---------+------+---------+------+--------+-------+---------+

Each frequency listed in this chart is the center frequency of the
channel to be auctioned in each block.

43 MHz Lower Band Paging \-- 20 kHz per Block, Unpaired Channels

+------+---------+------+---------+------+--------+-------+---------+
| *    | *       | *    | *       | *    | **     | **Bl  | *       |
| *Blo | *Center | *Blo | *Center | *Blo | Center | ock** | *Center |
| ck** | Freq    | ck** | Freq    | ck** | Frequ  |       | Freq    |
|      | uency** |      | uency** |      | ency** |       | uency** |
|      |         |      |         |      |        |       |         |
|      | **      |      | **      |      | **(    |       | **      |
|      | (MHz)** |      | (MHz)** |      | MHz)** |       | (MHz)** |
+------+---------+------+---------+------+--------+-------+---------+
| DA   | 43.20   | DE   | 43.30   | DI   | 43.46  | DM    | 43.58   |
+------+---------+------+---------+------+--------+-------+---------+
| DB   | 43.22   | DF   | 43.34   | DJ   | 43.50  | DN    | 43.60   |
+------+---------+------+---------+------+--------+-------+---------+
| DC   | 43.24   | DG   | 43.38   | DK   | 43.54  | DO    | 43.62   |
+------+---------+------+---------+------+--------+-------+---------+
| DD   | 43.26   | DH   | 43.42   | DL   | 43.56  | DP    | 43.66   |
+------+---------+------+---------+------+--------+-------+---------+

Each frequency listed in this chart is the center frequency of the
channel to be auctioned in each block.

152 and 158 MHz Lower Bands Paging \-- 20 kHz per Block, Unpaired
Channels

  ----------- --------------------------- ----------- ----------------------------
  **Block**   **Center Frequency (MHz)**  **Block**   **Center Frequency (MHz)**

  EA          152.24                      EC          158.10

  EB          152.84                      ED          158.70
  ----------- --------------------------- ----------- ----------------------------

Each frequency listed in this chart is the center frequency of the
channel to be auctioned in each block

152 and 158 MHz Lower Bands Paging \-- 40 kHz per Block, Paired 20 kHz
Channels

  ----------- --------------------------- ----------- ----------------------------
  **Block**   **Center Frequencies        **Block**   **Center Frequencies (MHz)**
              (MHz)**                                 

  FA          152.03 / 158.49             FJ          152.57 / 157.83

  FB          152.06 / 158.52             FK          152.60 / 157.86

  FC          152.09 / 158.55             FL          152.63 / 157.89

  FD          152.12 / 158.58             FM          152.66 / 157.92

  FE          152.15 / 158.61             FN          152.69 / 157.95

  FF          152.18 / 158.64             FO          152.72 / 157.98

  FG          152.21 / 158.67             FP          152.75 / 158.01

  FH          152.51 / 157.77             FQ          152.78 / 158.04

  FI          152.54 / 157.80             FR          152.81 / 158.07
  ----------- --------------------------- ----------- ----------------------------

Each frequency listed in this chart is the center frequency of the
channels to be auctioned in each block.

454 MHz and 459 MHz Lower Bands Paging \-- 40 kHz per Block, Paired 20
kHz Channels

  ----------- --------------------------- ----------- ----------------------------
  **Block**   **Center Frequencies        **Block**   **Center Frequencies (MHz)**
              (MHz)**                                 

  GA          454.025 / 459.025           GN          454.350 / 459.350

  GB          454.050 / 459.050           GO          454.375 / 459.375

  GC          454.075 / 459.075           GP          454.400 / 459.400

  GD          454.100 / 459.100           GQ          454.425 / 459.425

  GE          454.125 / 459.125           GR          454.450 / 459.450

  GF          454.150 / 459.150           GS          454.475 / 459.475

  GG          454.175 / 459.175           GT          454.500 / 459.500

  GH          454.200 / 459.200           GU          454.525 / 459.525

  GI          454.225 / 459.225           GV          454.550 / 459.550

  GJ          454.250 / 459.250           GW          454.575 / 459.575

  GK          454.275 / 459.275           GX          454.600 / 459.600

  GL          454.300 / 459.300           GY          454.625 / 459.625

  GM          454.325 / 459.325           GZ          454.650 / 459.650
  ----------- --------------------------- ----------- ----------------------------

Each frequency listed in this chart is the center frequency of the
channels to be auctioned in each block.

929 MHz Upper Band Paging \-- 20 kHz per Block, Unpaired Channels

  ----------- --------------------------- ----------- ----------------------------
  **Block**   **Center Frequency (MHz)**  **Block**   **Center Frequency (MHz)**

  A           929.0125                    G           929.4625

  B           929.1125                    H           929.6375

  C           929.2375                    I           929.6875

  D           929.3125                    J           929.7875

  E           929.3875                    K           929.9125

  F           929.4375                    L           929.9625
  ----------- --------------------------- ----------- ----------------------------

Each frequency listed in this chart is the center frequency of the
channel to be auctioned in each block.

931 MHz Upper Band Paging \-- 20 kHz per Block, Unpaired Channels

  ----------- ----------- ----------- ----------- ----------- -----------
  **Block**   **Center    **Block**   **Center    **Block**   **Center
              Frequency               Frequency               Frequency
              (MHz)**                 (MHz)**                 (MHz)**

  AA          931.0125    AN          931.3375    BA          931.6625

  AB          931.0375    AO          931.3625    BB          931.6875

  AC          931.0625    AP          931.3875    BC          931.7125

  AD          931.0875    AQ          931.4125    BD          931.7375

  AE          931.1125    AR          931.4375    BE          931.7625

  AF          931.1375    AS          931.4625    BF          931.7875

  AG          931.1625    AT          931.4875    BG          931.8125

  AH          931.1875    AU          931.5125    BH          931.8375

  AI          931.2125    AV          931.5375    BI          931.8625

  AJ          931.2375    AW          931.5625    BJ          931.9625

  AK          931.2625    AX          931.5875    BK          931.9875

  AL          931.2875    AY          931.6125                

  AM          931.3125    AZ          931.6375                
  ----------- ----------- ----------- ----------- ----------- -----------

Each frequency listed in this chart is the center frequency of the
channel to be auctioned in each block.

Note: In Auction No. 48, for each block listed in the above tables,
licenses are not available in every market. The complete list of
licenses available for Auction No. 48 will be provided in electronic
format only, available as "Attachment A" to this Public Notice at
<http://wireless.fcc.gov/auctions/48/>. The format of the above
frequency tables has been modified from the tables presented in the
Auction No. 48 Comment Public Notice, however, the spectrum represented
by the tables is the same.

## Rules and Disclaimers

### Relevant Authority

Prospective bidders must familiarize themselves thoroughly with the
Commission's rules relating to the paging services, contained in Title
47, Part 22 and Part 90 of the Code of Federal Regulations, and those
relating to application and auction procedures, contained in Title 47,
Part 1 of the Code of Federal Regulations. Prospective bidders must also
be thoroughly familiar with the procedures, terms and conditions
(collectively, "Terms") contained in this Public Notice; the *Auction
No. 48 Comment Public Notice*; the *Part 1 Fifth Report and Order*[^7]
(as well as prior and subsequent Commission proceedings regarding
competitive bidding procedures); the *Paging Notice;*[^8] the *Paging
First Report and Order;*[^9] the *First Paging Reconsideration
Order;*[^10] the *Paging Second Report and Order*; the *Second Paging
Reconsideration Order*; the *Paging Third Report and Order*; and the
*Third Paging Reconsideration Order.*[^11]

The terms contained in the Commission's rules, relevant orders, and
public notices are not negotiable. The Commission may amend or
supplement the information contained in our public notices at any time,
and will issue public notices to convey any new or supplemental
information to bidders. It is the responsibility of all prospective
bidders to remain current with all Commission rules and with all public
notices pertaining to this auction. Copies of most Commission documents,
including public notices, can be retrieved from the FCC Auctions
Internet site at [http://wireless.fcc.gov/auctions]{.underline}.
Additionally, documents are available for public inspection and copying
during regular business hours at the FCC Reference Information Center,
Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC, 20554 or
may be purchased from the Commission's duplicating contractor, Qualex
International, Portals II, 445 12th Street, SW, Room CY-B402,
Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, or
via e-mail qualexint@aol.com. When ordering documents from Qualex,
please provide the appropriate FCC number (for example, FCC 99-98 for
the *Paging Third Report and Order*).

### Prohibition of Collusion

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.[^12] This prohibition begins at the
short-form application filing deadline and ends at the down payment
deadline after the auction. Bidders competing for licenses in the same
geographic license areas are encouraged not to use the same individual
as an authorized bidder. 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 certify on their applications that
precautionary steps have been taken to prevent communication between
authorized bidders and that applicants and their bidding agents will
comply with the anti‑collusion rule.[^13]

However, the Bureau cautions that merely 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 warranted.[^14] The Commission's anti-collusion
rules allow applicants to form certain agreements during the auction,
provided the applicants have not applied for licenses covering the same
geographic areas. Note that in Auction No. 48, applicants for licenses
in overlapping EAs and MEAs will not be able to take advantage of these
rule provisions, even though the licenses are not completely
co-extensive. For example, assume that one applicant applies for several
lower paging bands licenses, *i.e.*, licenses covering EAs, in its
Auction No. 48 FCC Form 175 and that a second applicant applies for
licenses in the upper paging bands, *i.e.*, licenses covering MEAs, in
its Auction No. 48 FCC Form 175. If the first applicant selects licenses
for EAs that are within MEAs covered by licenses selected by the second
applicant, the two parties will have applied for licenses covering the
same geographic areas. Consequently, unlike applicants who have applied
for licenses that do not cover the same geographic areas, these two
applicants will not be permitted to form a consortium or bid jointly for
licenses after they file FCC Form 175.[^15] However, all applicants may
enter into bidding agreements *before* filing FCC Form 175, as long as
they disclose the existence of the agreement(s) in their FCC Form
175.[^16] If parties agree in principle on all material terms prior to
the short-form filing deadline, those parties must be identified on the
short-form application pursuant to Section 1.2105(c), even if the
agreement has not been reduced to writing. If the parties have not
agreed in principle by the filing deadline, an applicant would not
include the names of those parties on its application, and may not
continue negotiations with other applicants for licenses covering the
same geographic areas.[^17] By signing their FCC Form 175 short-form
applications, applicants are certifying their compliance with Section
1.2105(c).

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.[^18] Thus, Sections 1.65 and 1.2105 require an
auction applicant to notify the Commission of any violation of the
anti-collusion rules upon learning of such violation. Bidders therefore
are required to make such notification to the Commission immediately
upon discovery.[^19]

A summary listing of documents from the Commission and the Bureau
addressing the application of the anti-collusion rules may be found in
Attachment F.

### Incumbent Licensees

Incumbent (non-geographic) paging licensees operating under their
existing authorizations are entitled to full protection from co-channel
interference.[^20] Geographic area licensees are likewise afforded
co-channel interference protection from incumbent licensees.[^21]
Adjacent geographic area licensees are obligated to resolve possible
interference concerns of adjacent geographic area licensees by
negotiating a mutually acceptable agreement with the neighboring
geographic licensee. Incumbency issues are further discussed below.

### Due Diligence 

Potential bidders are reminded that there are a number of incumbent
licensees already licensed and operating on frequencies that will be
subject to the upcoming auction. Geographic area licensees in accordance
with the Commission's Rules must protect such incumbents from harmful
interference. *See* 47 C.F.R. § 22.503(i). These limitations may
restrict the ability of such geographic area licensees to use certain
portions of the electromagnetic spectrum or provide service to certain
areas in their geographic license areas.

In addition, potential bidders seeking licenses for geographic areas
adjacent to the Canadian and Mexican border should be aware that the use
of some or all of the channels they acquire in the auction could be
restricted as a result of current or future agreements with Canada or
Mexico. Licensees on the lower paging channels must submit a Form 601 to
obtain authorization to operate stations north of Line A or east of Line
C because these channels are subject to the *Above 30 Megacycles per
Second Agreement* with Industry Canada.[^22] Although the upper paging
channels do not require coordination with Canada, the *U.S.-Canada
Interim Coordination Considerations for the Band 929-932 MHz, as
amended*, assigns specific 929 and 931 MHz frequencies to the United
States for licensing along certain longitudes above Line A, and assigns
other specific 929 and 931 MHz frequencies to Canada for licensing along
certain longitudes along the U.S.-Canada border. In addition, the 929
and 931 MHz frequencies assigned to Canada are unavailable for use by
U.S. licensees above Line A as set out in the agreement.[^23] Also,
licensees in some EAs and MEAs may be required to protect quiet
zones.[^24]

Potential bidders should also be aware that certain applications
(including those for modification), petitions for rulemaking, requests
for special temporary authority ("STA"), waiver requests, petitions to
deny, petitions for reconsideration, and applications for review may be
pending before the Commission and relate to particular applicants or
incumbent licensees. In addition, certain judicial proceedings that may
relate to particular applicants or incumbent licensees, on the licenses
available in Auction No. 48 may be commenced, or may be pending, or may
be subject to further review. We note that resolution of these matters
could have an impact on the availability of spectrum in Auction No. 48.
Some of these matters (whether before the Commission or the Courts) may
not be resolved by the time of the auction.

**Potential bidders are solely responsible for identifying associated
risks, and investigating and evaluating the degree to which such matters
may affect their ability to bid on, otherwise acquire, or make use of
licenses available in Auction No. 48.**

To aid potential bidders, Attachment G to this public notice lists
paging matters pending before the Commission that relate to licenses or
applications in the bands being auctioned. The Commission makes no
representations or guarantees that the listed matters are the only
pending matters that could affect spectrum availability in these bands.

Copies of pleadings from pending cases relating to paging matters
identified in Attachment G are available for public inspection and
copying during normal reference room hours at: Office of Public Affairs
(OPA), Reference Operations Division, 445 12th Street, SW, Room CY-C314,
Washington, D.C. 20554.

In addition, potential bidders may research the Bureau's licensing
database on the Internet in order to determine which frequencies are
already licensed to incumbent licensees. The Commission makes no
representations or guarantees regarding the accuracy or completeness of
information in its databases or any third party databases, including,
for example, court docketing systems. Furthermore, the Commission makes
no representations or guarantees regarding the accuracy or completeness
of information that has been provided by incumbent licensees and
incorporated into the database. **Potential bidders are strongly
encouraged to physically inspect any sites located in, or near, the EA
or MEA for which they plan to bid.**

Licensing records for paging are contained in the Bureau's Universal
Licensing System (ULS) and may be researched on the Internet at
[http://wireless.fcc.gov/uls](http://www.fcc.gov/wtb/uls). Potential
bidders may query the database online and download a copy of their
search results if desired. Detailed instructions on using License Search
(including frequency searches and the GeoSearch capability) and
downloading query results are available online by selecting the "?"
button at the upper right-hand corner of the License Search screen.

Potential bidders should direct questions regarding the search
capabilities to the FCC Technical Support hotline at (202) 414-1250
(voice) or (202) 414-1255 (TTY), or via e-mail at <ulscomm@fcc.gov>. The
hotline is available to assist with questions Monday through Friday,
from 8:00 AM to 6:00 PM ET. In order to provide better service to the
public, *all calls to the hotline are recorded.*

### Bidder Alerts 

All applicants must certify on their FCC Form 175 applications under
penalty of perjury that they are legally, technically, financially and
otherwise qualified to hold a license, and not in default on any payment
for Commission licenses (including down payments) or delinquent on any
non-tax debt owed to any Federal agency.[^25] 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.

The FCC makes no representations or warranties about the use of this
spectrum for particular services. Applicants should be aware that an FCC
auction represents an opportunity to become an FCC licensee in this
service, subject to certain conditions and regulations. An FCC auction
does not constitute an endorsement by the FCC of any particular
services, technologies or products, nor does a FCC license constitute a
guarantee of business success. Applicants and interested parties should
perform their own due diligence before proceeding, as they would with
any new business venture.

As is the case with many business investment opportunities, some
unscrupulous entrepreneurs may attempt to use Auction No. 48 to deceive
and defraud unsuspecting investors. Common warning signals of fraud
include the following:

-   The first contact is a "cold call" from a telemarketer, or is made
    in response to an inquiry prompted by a radio or television
    infomercial.

-   The offering materials used to invest in the venture appear to be
    targeted at IRA funds, for example, by including all documents and
    papers needed for the transfer of funds maintained in IRA accounts.

-   The amount of investment is less than \$25,000.

-   The sales representative makes verbal representations that: (a) the
    Internal Revenue Service ("IRS"), Federal Trade Commission ("FTC"),
    Securities and Exchange Commission ("SEC"), FCC, or other government
    agency has approved the investment; (b) the investment is not
    subject to state or federal securities laws; or (c) the investment
    will yield unrealistically high short-term profits. In addition, the
    offering materials often include copies of actual FCC releases, or
    quotes from FCC personnel, giving the appearance of FCC knowledge or
    approval of the solicitation.

Information about deceptive telemarketing investment schemes is
available from the FTC at (202) 326-2222 and from the SEC at (202)
942-7040. Complaints about specific deceptive telemarketing investment
schemes should be directed to the FTC, the SEC, or the National Fraud
Information Center at (800) 876-7060. Consumers who have concerns about
specific proposals regarding Auction No. 48 may also call the FCC
Consumer Center at (888) CALL-FCC ((888) 225-5322).

### National Environmental Policy Act ("NEPA") Requirements

Licensees must comply with the Commission's rules regarding the National
Environmental Policy Act (NEPA).[^26] The construction of a wireless
antenna facility is a federal action and the licensee must comply with
the Commission's NEPA rules for each such facility.[^27] The
Commission's NEPA rules require, among other things, that the licensee
consult with expert agencies having NEPA responsibilities, including the
U.S. Fish and Wildlife Service, the State Historic Preservation Office,
the Army Corp of Engineers and the Federal Emergency Management Agency
(through the local authority with jurisdiction over floodplains). The
licensee must prepare environmental assessments for facilities that may
have a significant impact in or on wilderness areas, wildlife preserves,
threatened or endangered species or designated critical habitats,
historical or archaeological sites, Indian religious sites, floodplains,
and surface features. The licensee must also prepare environmental
assessments for facilities that include high intensity white lights in
residential neighborhoods or excessive radio frequency emission.

## Auction Specifics

### Auction Date

The auction will begin on Tuesday, May 13, 2003. The initial schedule
for bidding will be announced by public notice at least one week before
the start of the auction. Unless otherwise announced, bidding on all
licenses will be conducted on each business day until bidding has
stopped on all licenses.

### Auction Title

Auction No. 48 -- Lower and Upper Paging

### Bidding Methodology

The bidding methodology for Auction No. 48 will be simultaneous multiple
round bidding. The Commission will conduct this auction over the
Internet. Telephonic bidding will also be available. As a contingency,
the FCC Wide Area Network will be available as well. Qualified bidders
are permitted to bid telephonically or electronically.

### Pre-Auction Dates and Deadlines

Auction Seminar March 6, 2003

Short-Form Application (FCC FORM 175) March 21, 2003; 6:00 p.m. ET

Upfront Payments (via wire transfer) April 14, 2003; 6:00 p.m. ET

Mock Auction May 8, 2003

Auction Begins May 13, 2003

### Requirements For Participation

Those wishing to participate in the auction must:

-   Submit a short-form application (FCC Form 175) electronically by
    6:00 p.m. ET, March 21, 2003.

-   Submit a sufficient upfront payment and an FCC Remittance Advice
    Form (FCC Form 159) by 6:00 p.m. ET, April 14, 2003.

-   Comply with all provisions outlined in this public notice.

### General Contact Information

+-----------------------------------+-----------------------------------+
| GENERAL AUCTION INFORMATION       | FCC Auctions Hotline              |
+-----------------------------------+-----------------------------------+
| General Auction Questions         | \(888\) 225-5322, Press Option #2 |
+-----------------------------------+-----------------------------------+
| Seminar Registration              | or direct (717) 338-2888          |
+-----------------------------------+-----------------------------------+
|                                   | Hours of service: 8 a.m. -- 5:30  |
|                                   | p.m. ET                           |
+-----------------------------------+-----------------------------------+
| AUCTION LEGAL INFORMATION         | Auctions and Industry Analysis    |
|                                   | Division                          |
+-----------------------------------+-----------------------------------+
| Auction Rules, Policies,          | Legal Branch (202) 418-0660       |
| Regulations                       |                                   |
+-----------------------------------+-----------------------------------+
| LICENSING INFORMATION             | Commercial Wireless Division      |
+-----------------------------------+-----------------------------------+
| Rules, Policies, Regulations      | \(202\) 418-0620                  |
|                                   |                                   |
| Licensing Issues                  |                                   |
|                                   |                                   |
| Due Diligence                     |                                   |
|                                   |                                   |
| Incumbency Issues                 |                                   |
+-----------------------------------+-----------------------------------+
| TECHNICAL SUPPORT                 | FCC Auctions Technical Support    |
|                                   | Hotline                           |
+-----------------------------------+-----------------------------------+
| Electronic Filing                 | \(202\) 414-1250 (Voice),         |
+-----------------------------------+-----------------------------------+
| Automated Auction System          | \(202\) 414-1255 (TTY)            |
|                                   |                                   |
|                                   | Hours of service: Monday through  |
|                                   | Friday 8 a.m. to 6:00 p.m. ET     |
+-----------------------------------+-----------------------------------+
| PAYMENT INFORMATION               | FCC Auctions Accounting Branch    |
+-----------------------------------+-----------------------------------+
| Wire Transfers                    | \(202\) 418-0578 or (202)         |
|                                   | 418-0496                          |
+-----------------------------------+-----------------------------------+
| Refunds                           | \(202\) 418-2843 (Fax)            |
+-----------------------------------+-----------------------------------+
| TELEPHONIC BIDDING                | Will be furnished only to         |
|                                   | qualified bidders                 |
+-----------------------------------+-----------------------------------+
| FCC COPY CONTRACTOR               | Qualex International              |
+-----------------------------------+-----------------------------------+
| Additional Copies of              | Portals II, 445 12^th^ Street,    |
|                                   | SW, Room CY-B402                  |
+-----------------------------------+-----------------------------------+
| Commission Documents              | Washington, DC 20554              |
|                                   |                                   |
|                                   | \(202\) 863-2893                  |
|                                   |                                   |
|                                   | \(202\) 863-2898 (Fax)            |
|                                   |                                   |
|                                   | qualexint@aol.com (E-mail)        |
+-----------------------------------+-----------------------------------+
| PRESS INFORMATION                 | Lauren Kravetz (202) 418-7944     |
+-----------------------------------+-----------------------------------+
| FCC FORMS                         | \(800\) 418-3676 (outside         |
|                                   | Washington, DC)                   |
|                                   |                                   |
|                                   | \(202\) 418-3676 (in the          |
|                                   | Washington Area)                  |
|                                   |                                   |
|                                   | <                                 |
|                                   | http://www.fcc.gov/formpage>.html |
+-----------------------------------+-----------------------------------+
| FCC INTERNET SITES                | [http://                          |
|                                   | www.fcc.gov](http://www.fcc.gov/) |
|                                   |                                   |
|                                   | [                                 |
|                                   | http://wireless.fcc.gov/auctions] |
|                                   | (http://www.fcc.gov/wtb/auctions) |
|                                   |                                   |
|                                   | [http://wireless.fcc.gov/uls]     |
|                                   | (http://www.fcc.gov/wtb/auctions) |
+-----------------------------------+-----------------------------------+

# SHORT-FORM (FCC FORM 175) APPLICATION REQUIREMENTS

Guidelines for completion of the short-form (FCC Form 175) are set forth
in Attachment D to this public notice. The short-form application seeks
the applicant's name and address, legal classification, status, small
business bidding credit eligibility, identification of the license(s)
sought, the authorized bidders and contact persons. Applicants must
certify on their FCC Form 175 applications under penalty of perjury that
they are legally, technically, financially and otherwise qualified to
hold a license and, as discussed below in Section II.E (Provisions
Regarding Defaulters and Former Defaulters), that they are not in
default on any payment for Commission licenses (including down payments)
or delinquent on any non-tax debt owed to any Federal agency.

##  License Selection

In Auction No. 48, Form 175 will include a mechanism that allows an
applicant to filter the 10,202 licenses by paging service, frequency
band, market area, and/or channel block/license suffix to create
customized lists of licenses. The applicant will make selections for one
or more of the filter criteria and the system will produce a list of
licenses satisfying the specified criteria. The applicant may apply for
all the licenses in the customized list by using the "Select All"
option; select individual licenses separately from the list; or create a
second customized list without selecting any of the licenses from the
first list. Applicants also will be able to select licenses from one
customized list and then create a second customized list to select
additional licenses.

## Ownership Disclosure Requirements (FCC Form 175 Exhibit A)

All applicants must comply with the uniform Part 1 ownership disclosure
standards and provide information required by Sections 1.2105 and 1.2112
of the Commission's rules. Specifically, in completing FCC Form 175,
applicants will be required to file an "Exhibit A" providing a full and
complete statement of the ownership of the bidding entity. The ownership
disclosure standards for the short-form are set forth in Section 1.2112
of the Commission's rules.[^28]

## Consortia And Joint Bidding Arrangements (FCC Form 175 Exhibit B)

Applicants will be required to identify on their short-form applications
any parties with whom they have entered into any consortium
arrangements, joint ventures, partnerships or other agreements or
understandings which relate in any way to the licenses being auctioned,
including any agreements relating to post-auction market structure.[^29]
Applicants will also be required to certify on their short-form
applications that they have not entered into any explicit or implicit
agreements, arrangements or understandings of any kind with any parties,
other than those identified, regarding the amount of their bids, bidding
strategies, or the particular licenses on which they will or will not
bid.[^30] As discussed above, if an applicant has had discussions, but
has not reached a joint bidding agreement by the short-form deadline, it
would not include the names of parties to the discussions on its
applications and may not continue discussions with applicants after the
deadline.[^31] Where applicants have entered into consortia or joint
bidding arrangements, applicants must submit an "Exhibit B" to the FCC
Form 175.

A party holding a non-controlling, attributable interest in one
applicant will be permitted to acquire an ownership interest in, form a
consortium with, or enter into a joint bidding arrangement with other
competing applicants provided that (i) the attributable interest holder
certifies that it has not and will not communicate with any party
concerning the bids or bidding strategies of more than one of the
applicants in which it holds an attributable interest, or with which it
has formed a consortium or entered into a joint bidding arrangement; and
(ii) the arrangements do not result in a change in control of any of the
applicants.[^32] While the anti-collusion rules do not prohibit
non-auction related business negotiations among auction applicants,
bidders are reminded that certain discussions or exchanges could touch
upon impermissible subject matters because they may convey pricing
information and bidding strategies.

## Eligibility

### Small Business Bidding Credit Eligibility (FCC Form 175 Exhibit C)

In the *Paging Second Report and Order*, the Commission adopted small
business bidding credits to promote and facilitate the participation of
small businesses in competitive bidding for licenses in the paging
service.[^33] In the *Second Paging Reconsideration Order*, the
Commission subsequently increased the size of the bidding credits.[^34]

Bidding credits are available to small businesses, or consortia thereof,
(as defined in 47 C.F.R §§ 1.2110(c) and 22.217(a)). A bidding credit
represents the amount by which a bidder's winning bids are
discounted.[^35] The size of the bidding credit depends on the average
of the aggregated annual gross revenues for each of the preceding three
years of the bidder, its affiliates, its controlling interests, and the
affiliates of its controlling interests:

-   A bidder with attributed average annual gross revenues of not more
    than \$15 million for the preceding three years receives a 25
    percent discount on its winning bids for paging licenses;[^36]

```{=html}
<!-- -->
```
-   A bidder with attributed average annual gross revenues of not more
    than \$3 million for the preceding three years receives a 35 percent
    discount on its winning bids for paging licenses.[^37]

Bidding credits are not cumulative; a qualifying applicant receives
either the 25 percent or the 35 percent bidding credit on its winning
bids, but not both.

### Tribal Land Bidding Credit

To encourage the growth of wireless services in federally recognized
tribal lands the Commission has implemented a tribal land bidding
credit. *See* Part V.D. of this Public Notice.

### Applicability of Part 1 Attribution Rules

***Controlling interest standard.*** On August 14, 2000, the Commission
released the *Part 1 Fifth Report and Order*, in which the Commission,
*inter alia*, adopted a "controlling interest" standard for attributing
to auction applicants the gross revenues of their investors and
affiliates in determining small business eligibility for future
auctions.[^38] The Commission observed that the rule modifications
adopted in the various Part 1 orders would result in discrepancies
and/or redundancies between certain of the new Part 1 rules and existing
service-specific rules, and the Commission delegated to the Bureau the
authority to make conforming edits to the Code of Federal Regulations
(CFR) consistent with the rules adopted in the Part 1 proceeding.[^39]
Part 1 rules that superseded inconsistent service-specific rules will
control in Auction No. 48.[^40] *Accordingly, the "controlling interest"
standard as set forth in the Part 1 rules will be in effect for Auction
No. 48.*

***Control.*** The term "control" includes both *de facto* and *de jure*
control of the applicant. Typically, *ownership of at least 50.1 percent
of an entity's voting stock evidences de jure control*. *De facto*
control is determined on a case-by-case basis.[^41] The following are
some common indicia of *de facto* control:

-   the entity constitutes or appoints more than 50 percent of the board
    of directors or management committee;

-   the entity has authority to appoint, promote, demote, and fire
    senior executives that control the day-to-day activities of the
    licensee; or

-   the entity plays an integral role in management decisions.

***Attribution for small business eligibility.*** In determining which
entities qualify as small businesses, the Commission will consider the
gross revenues of the applicant, its affiliates, its controlling
interests, and the affiliates of its controlling interests. The
Commission does not impose specific equity requirements on controlling
interest holders. Once the principals or entities with a controlling
interest are determined, only the revenues of those principals or
entities, the affiliates of those principals or entities, the applicant
and its affiliates, will be counted in determining small business
eligibility.

A consortium of small businesses is a "conglomerate organization formed
as a joint venture between or among mutually independent business
firms," each of which *individually* must satisfy the definition of
small business in Sections 1.2110(f) and 22.223(b). Thus, each
consortium member must disclose its gross revenues along with those of
its affiliates, its controlling interests, and the affiliates of its
controlling interests. We note that although the gross revenues of the
consortium members will not be aggregated for purposes of determining
eligibility for small business credits, this information must be
provided to ensure that each individual consortium member qualifies for
any bidding credit awarded to the consortium.

### Supporting Documentation

Applicants should note that they will be required to file supporting
documentation to their FCC Form 175 short-form applications to establish
that they satisfy the eligibility requirements to qualify as small
businesses (or consortia of small businesses) for this auction.[^42]

Applicants should further note that submission of an FCC Form 175
application constitutes a representation by the certifying official that
he or she is an authorized representative of the applicant, has read the
form's instructions and certifications, and that the contents of the
application and its attachments are true and correct. Submission of a
false certification to the Commission may result in penalties, including
monetary forfeitures, license forfeitures, ineligibility to participate
in future auctions, and/or criminal prosecution.

***Small business eligibility (Exhibit C).*** Entities applying to bid
as small businesses (or consortia of small businesses) will be required
to disclose on Exhibit C to their FCC Form 175 short-form applications,
*separately and in the aggregate*, the gross revenues for the preceding
three years of each of the following: (1) the applicant, (2) its
affiliates, (3) its controlling interests, and (4) the affiliates of its
controlling interests. **Certification that the average annual gross
revenues for the preceding three years do not exceed the applicable
limit is not sufficient. A statement of the total gross revenues for the
preceding three years is also insufficient. The applicant must provide
separately for itself, its affiliates, its controlling interests, and
the affiliates of its controlling interests, a schedule of gross
revenues for *each* of the preceding three years, as well as a statement
of total average gross revenues for the three-year period.** If the
applicant is applying as a consortium of small businesses, this
information must be provided for each consortium member.

## Provisions Regarding Defaulters and Former Defaulters (FCC Form 175 Exhibit D)

Each applicant must certify on its FCC Form 175 application that it is
not in default on any Commission licenses and that it is not delinquent
on any non-tax debt owed to any Federal agency.[^43] In addition, each
applicant must attach to its FCC Form 175 application a statement made
under penalty of perjury indicating whether or not the applicant, its
affiliates, its controlling interests, or the affiliates of its
controlling interest have ever been in default on any Commission
licenses or have ever been delinquent on any non-tax debt owed to any
Federal agency. The applicant must provide such information for itself,
its affiliates, its controlling interests, and the affiliates of its
controlling interests, as defined by Section 1.2110 of the Commission's
rules (as amended in the *Part 1 Fifth Report and Order)*.[^44]
**Applicants must include this statement as Exhibit D of the FCC Form
175.** Prospective bidders are reminded that the statement must be made
under penalty of perjury and, further, 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.

"Former defaulters" --- *i.e.*, applicants, including their attributable
interest holders, that in the past have defaulted on any Commission
licenses or been delinquent on any non-tax debt owed to any Federal
agency, but that have since remedied all such defaults and cured all of
their outstanding non-tax delinquencies --- are eligible to bid in
Auction No. 48, provided that they are otherwise qualified. However, as
discussed *infra* in Section III.D.3, former defaulters are required to
pay upfront payments that are fifty percent more than the normal upfront
payment amounts.[^45]

## Installment Payments

Installment payment plans will not be available in Auction No. 48.

## Other Information (FCC Form 175 Exhibits E and F)

Applicants owned by minorities or women, as defined in 47 C.F.R. §
1.2110(c)(2), may attach an exhibit (Exhibit E) regarding this status.
This applicant status information is collected for statistical purposes
only and assists the Commission in monitoring the participation of
"designated entities" in its auctions. Applicants wishing to submit
additional information may do so on Exhibit F (Miscellaneous
Information) to the FCC Form 175.

## Minor Modifications to Short-Form Applications (FCC Form 175)

After the short-form filing deadline (March 21, 2003), applicants may
make only minor changes to their FCC Form 175 applications. Applicants
will not be permitted to make major modifications to their applications
(*e.g*., change their license selections or proposed service areas,
change the certifying official, change control of the applicant or
change bidding credits). *See* 47 C.F.R. § 1.2105. Permissible minor
changes include, for example, deletion and addition of authorized
bidders (to a maximum of three) and revision of exhibits. Applicants
must make these modifications to their FCC Form 175 electronically and
should submit a letter, briefly summarizing the changes, by electronic
mail to the attention of Margaret Wiener, Chief, Auctions and Industry
Analysis Division, at the following address: <auction48@fcc.gov>. The
electronic mail summarizing the changes should include a subject or
caption referring to Auction No. 48. The Bureau requests that parties
format any attachments to electronic mail as Adobe^®^ Acrobat^®^ (pdf)
or Microsoft^®^ Word documents.

**A separate copy of the letter should be faxed to the attention of
Kathryn Garland at (717) 338-2850.** Questions about other changes
should be directed to Rosemary Cabral of the Auctions and Industry
Analysis Division at (202) 418-0660.

## Maintaining Current Information in Short-Form Applications (FCC Form 175)

Applicants have an obligation under 47 C.F.R. §1.65, to maintain the
completeness and accuracy of information in their short-form
applications. Amendments reporting substantial changes of possible
decisional significance in information contained in FCC Form 175
applications, as defined by 47 C.F.R. § 1.2105(b)(2), will not be
accepted and may in some instances result in the dismissal of the FCC
Form 175 application.

# PRE-AUCTION PROCEDURES

## Auction Seminar

On Thursday, March 6, 2003, the FCC will sponsor a free seminar for
Auction No. 48 at the Federal Communications Commission, located at 445
12^th^ Street, SW, Washington, DC. The seminar will provide attendees
with information about pre-auction procedures, conduct of the auction,
the FCC Automated Auction System, and the paging and auction rules. The
seminar will also provide an opportunity for prospective bidders to ask
questions of FCC staff.

To register, complete the registration form found in Attachment B and
submit it by Tuesday, March 4, 2003. Registrations are accepted on a
first-come, first-served basis.

## Short-Form Application (FCC Form 175) --- Due March 21, 2003

In order to be eligible to bid in this auction, applicants must first
submit a FCC Form 175 application. This application must be submitted
electronically and received at the Commission no later than 6:00 p.m. ET
on March 21, 2003. Late applications will not be accepted.

There is no application fee required when filing an FCC Form 175.
However, to be eligible to bid, an applicant must submit an upfront
payment. *See* Part III.D, *below*.

### Electronic Filing

Applicants must file their FCC Form 175 applications
electronically.[^46] Applications may generally be filed at any time
beginning at noon ET on March 6, 2003, until 6:00 p.m. ET on March 21,
2003. Applicants are strongly encouraged to file early and are
responsible for allowing adequate time for filing their applications.
Applicants may update or amend their electronic applications multiple
times until the filing deadline on March 21, 2003.

Applicants must press the "SUBMIT Application" button on the
"Submission" page of the electronic form to successfully submit their
FCC Form 175s. Any form that is not submitted will not be reviewed by
the FCC. Information about accessing the FCC Form 175 is included in
Attachment C. Technical support is available at (202) 414-1250 (voice)
or (202) 414-1255 (text telephone (TTY)); hours of service Monday
through Friday, from 8:00 AM to 6:00 PM ET. In order to provide better
service to the public, *all calls to the hotline are recorded.*

Applicants can also contact Technical Support via e-mail. To obtain the
address, click the **Support** tab on the Form 175 Homepage.

### Completion of the FCC Form 175

Applicants should carefully review 47 C.F.R. § 1.2105, and must complete
all items on the FCC Form 175. Instructions for completing the FCC Form
175 are in Attachment D of this public notice. Applicants are encouraged
to begin preparing the required attachments for FCC Form 175 prior to
submitting the form. Attachments C and D to this public notice provide
information on the required attachments and appropriate formats.

### Electronic Review of FCC Form 175

The FCC Form 175 electronic review system may be used to locate and
print applicants' FCC Form 175 information. Applicants may also view
other applicants' completed FCC Form 175s after the filing deadline has
passed and the FCC has issued a public notice explaining the status of
the applications. NOTE: Applicants should not include sensitive
information (*i.e.*, TIN/EIN) on any exhibits to their FCC Form 175
applications. There is no fee for accessing this system. *See*
Attachment C for details on accessing the review system.

## Application Processing and Minor Corrections

After the deadline for filing the FCC Form 175 applications has passed,
the FCC will process all timely- submitted applications to determine
which are acceptable for filing, and subsequently will issue a public
notice identifying: (1) those applications accepted for filing; (2)
those applications rejected; and (3) those applications which have minor
defects that may be corrected, and the deadline for filing such
corrected applications.

As described more fully in the Commission's rules, after the March 21,
2003, short-form filing deadline, applicants may make only minor
corrections to their FCC Form 175 applications. Applicants will not be
permitted to make major modifications to their applications (*e.g.*,
change their license selections, change the certifying official, change
control of the applicant, or change bidding credit eligibility).[^47]

## Upfront Payments --- Due April 14, 2003

In order to be eligible to bid in the auction, applicants must submit an
upfront payment accompanied by a FCC Remittance Advice Form (FCC Form
159). After completing the FCC Form 175, filers will have access to an
electronic version of the FCC Form 159 that can be printed and faxed to
Mellon Bank in Pittsburgh, PA. All upfront payments must be received at
Mellon Bank by 6:00 p.m. ET on April 14, 2003.

Please note that:

-   All payments must be made in U.S. dollars.

-   All payments must be made by wire transfer.

-   Upfront payments for Auction No. 48 go to a lockbox number different
    from the lockboxes used in previous FCC auctions, and different from
    the lockbox number to be used for post-auction payments.

-   Failure to deliver the upfront payment by the April 14, 2003,
    deadline will result in dismissal of the application and
    disqualification from participation in the auction.

### Making Auction Payments by Wire Transfer

**Wire transfer payments must be received by 6:00 p.m. ET on April 14,
2003.** To avoid untimely payments, applicants should discuss
arrangements (including bank closing schedules) with their banker
several days before they plan to make the wire transfer, and allow
sufficient time for the transfer to be initiated and completed before
the deadline. Applicants will need the following information:

> ABA Routing Number: 043000261

> Receiving Bank: Mellon Pittsburgh
>
> BENEFICIARY: FCC/Account \# 910-1182
>
> OBI Field: (Skip one space between each information item)

> "AUCTIONPAY"

> FCC REGISTRATION NUMBER (FRN): (same as FCC Form 159, block 11 and/or
> 21)
>
> PAYMENT TYPE CODE (same as FCC Form 159, block 24A: A48U)
>
> FCC CODE 1 (same as FCC Form 159, block 28A: "48")
>
> PAYER NAME (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358415

**NOTE:** The BNF and Lockbox number are specific to the upfront
payments for this auction; do not use BNF or Lockbox numbers from
previous auctions.

Applicants must fax a completed FCC Form 159 (Revised 2/00) to Mellon
Bank at (412) 209-6045 **at least one hour before** placing the order
for the wire transfer (but on the same business day). On the cover sheet
of the fax, write "Wire Transfer --- Auction Payment for Auction Event
No. 48." **Bidders should confirm receipt of their upfront payment at
Mellon Bank by contacting their sending financial institution.**

### FCC Form 159

A completed FCC Remittance Advice Form (FCC Form 159, Revised 2/00) must
be faxed to Mellon Bank in order to accompany each upfront payment.
Proper completion of FCC Form 159 (Revised 2/00) is critical to ensuring
correct credit of upfront payments. Detailed instructions for completion
of FCC Form 159 are included in Attachment E to this public notice. An
electronic version of the FCC Form 159 is available after filing the FCC
Form 175. The FCC Form 159 can be completed electronically, but must be
filed with Mellon Bank via facsimile.

### Amount of Upfront Payment

In the *Part 1 Order* the Commission delegated to the Bureau the
authority and discretion to determine appropriate upfront payment(s) for
each auction.[^48] In addition, in the *Part 1 Fifth Report and Order*,
the Commission ordered that "former defaulters," *i.e.*, applicants that
have ever been in default on any Commission license or have ever been
delinquent on any non-tax debt owed to any Federal agency, be required
to pay upfront payments fifty percent greater than non-"former
defaulters."[^49] For purposes of this calculation, the "applicant"
includes the applicant itself, its affiliates, its controlling
interests, and affiliates of its controlling interests, as defined by
Section 1.2110 of the Commission's rules (as amended in the *Part 1
Fifth Report and Order*).[^50]

In the *Auction No. 48 Comment Public Notice*, we proposed that the
amount of the upfront payment would determine the number of bidding
units on which a bidder may place bids.[^51] In order to bid on a
license, otherwise qualified bidders that applied for that license on
Form 175 must have an eligibility level that meets or exceeds the number
of bidding units assigned to that license. At a minimum, therefore, an
applicant's total upfront payment must be enough to establish
eligibility to bid on at least one of the licenses applied for on Form
175, or else the applicant will not be eligible to participate in the
auction. An applicant does not have to make an upfront payment to cover
all licenses for which the applicant has applied on Form 175, but rather
to cover the maximum number of bidding units that are associated with
licenses on which the bidder wishes to place bids and hold high bids at
any given time.

In the *Auction No. 48 Comment Public Notice*, the Bureau proposed
setting upfront payments for each license equal to the license's minimum
opening bid. The Bureau further proposed setting the bidding units for
each license equal to the license's upfront payment on a bidding unit
for dollar basis.[^52] The bidding unit level for each license will
remain constant throughout the auction. We received no comments on this
issue. The Bureau adopts its proposed upfront payments. The specific
upfront payments and bidding units for each license are set forth in the
list of licenses available for Auction No. 48 ("Attachment A"),
available with this public notice at
http://wireless.fcc.gov/auctions/48/.

In calculating its upfront payment amount, an applicant should determine
the [maximum]{.underline} number of bidding units on which it may wish
to be active (bidding units associated with licenses on which the bidder
has the standing high bid from the previous round and licenses on which
the bidder places a bid in the current round) in any single round, and
submit an upfront payment covering that number of bidding units. In
order to make this calculation, an applicant should add together the
upfront payments for all licenses on which it seeks to bid in any given
round. **Bidders should check their calculations carefully, as there is
no provision for increasing a bidder's maximum eligibility after the
upfront payment deadline.**

> Former defaulters should calculate their upfront payment for all
> licenses by multiplying the number of bidding units they wish to
> purchase by 1.5. In order to calculate the number of bidding units to
> assign to former defaulters, the Commission will divide the upfront
> payment received by 1.5 and round the result up to the nearest bidding
> unit.
>
> NOTE: An applicant may, on its FCC Form 175, apply for every
> applicable license being offered, but its actual bidding in any round
> will be limited by the bidding units reflected in its upfront payment.

### Applicant's Wire Transfer Information for Purposes of Refunds of Upfront Payments

The Commission will use wire transfers for all Auction No. 48 refunds.
To ensure that refunds of upfront payments are processed in an
expeditious manner, the Commission is requesting that all pertinent
information as listed below be supplied to the FCC. Applicants can
provide the information electronically during the initial short-form
filing window after the form has been submitted. Wire Transfer
Instructions can also be manually faxed to the FCC, Financial Operations
Center, Auctions Accounting Group, ATTN: Tim Dates or Gail Glasser, at
(202) 418-2843 by April 14, 2003. All refunds will be returned to the
payer of record as identified on the FCC Form 159 unless the payer
submits written authorization instructing otherwise. For additional
information, please call Gail Glasser at (202) 418-0578 or Tim Dates at
(202) 418-0496.

> Name of Bank
>
> ABA Number
>
> Contact and Phone Number
>
> Account Number to Credit
>
> Name of Account Holder
>
> FCC Registration Number (FRN)
>
> Taxpayer Identification Number (see below)
>
> Correspondent Bank (if applicable)
>
> ABA Number
>
> Account Number

(Applicants should also note that implementation of the Debt Collection
Improvement Act of 1996 requires the FCC to obtain a Taxpayer
Identification Number (TIN) before it can disburse refunds.) Eligibility
for refunds is discussed in Part V.F., *below*.

## Auction Registration

Approximately ten days before the auction, the FCC will issue a public
notice announcing all qualified bidders for the auction. Qualified
bidders are those applicants whose FCC Form 175 applications have been
accepted for filing and have timely submitted upfront payments
sufficient to make them eligible to bid on at least one of the licenses
for which they applied.

All qualified bidders are automatically registered for the auction.
Registration materials will be distributed prior to the auction by two
separate overnight mailings, one containing the confidential bidder
identification number (BIN) required to place bids and the other
containing the SecurID cards. **These mailings will be sent only to the
contact person at the contact address listed in the FCC Form 175.**

Applicants that do not receive both registration mailings will not be
able to submit bids. Therefore, any qualified applicant that has not
received both mailings by noon on Tuesday, May 6, 2003, should contact
the Auctions Hotline at (717) 338-2888. Receipt of both registration
mailings is critical to participating in the auction and each applicant
is responsible for ensuring it has received all of the registration
material.

Qualified bidders should note that lost bidder identification numbers or
SecurID cards can be replaced only by appearing [in person]{.underline}
at the FCC Auction Headquarters located at 445 12^th^ St., SW,
Washington, DC 20554. Only an authorized representative or certifying
official, as designated on an applicant's FCC Form 175, may appear in
person with two forms of identification (one of which must be a photo
identification) in order to receive replacement codes. Qualified bidders
requiring replacements must call technical support prior to arriving at
the FCC.

## Electronic Bidding 

The Commission will conduct this auction over the Internet. Telephonic
bidding will also be available. As a contingency, the FCC Wide Area
Network will be available as well. Qualified bidders are permitted to
bid electronically or telephonically, *i.e.*, over the Internet or the
FCC's Wide Area Network. In either case, **each authorized bidder** must
have its own Remote Security Access SecurID card, which the FCC will
provide at no charge. Each applicant with less than three authorized
bidders will be issued two SecurID cards, while applicants with three
authorized bidders will be issued three cards. For security purposes,
the SecurID cards and the FCC Automated Auction System user manual are
only mailed to the contact person at the contact address listed on the
FCC Form 175. Please note that each SecurID card is tailored to a
specific auction, therefore, SecurID cards issued for other auctions or
obtained from a source other than the FCC will not work for Auction No.
48. The telephonic bidding phone number will be supplied in the first
overnight mailing, which also includes the confidential bidder
identification number. Each applicant should indicate its bidding
preference---electronic or telephonic--- on the FCC Form 175.

Please note that the SecurID cards can be recycled, and we encourage
bidders to return the cards to the FCC. We will provide pre-addressed
envelopes that bidders may use to return the cards once the auction is
over.

## Mock Auction

All qualified bidders will be eligible to participate in a mock auction
on Thursday, May 8, 2003. The mock auction will enable applicants to
become familiar with the FCC Automated Auction System prior to the
auction. Participation by all bidders is strongly recommended. Details
will be announced by public notice.

# AUCTION EVENT

The first round of bidding for Auction No. 48 will begin on Tuesday, May
13, 2003. The initial bidding schedule will be announced in a public
notice listing the qualified bidders, which is released approximately 10
days before the start of the auction.

## Auction Structure

### Simultaneous Multiple Round Auction

In the *Auction No. 48 Comment Public Notice*, we proposed to award all
licenses in Auction No. 48 in a simultaneous multiple round
auction.[^53] We received no comments on this issue. We conclude that it
is operationally feasible and appropriate to auction the paging licenses
through a simultaneous multiple round auction. Unless otherwise
announced, bids will be accepted on all licenses in each round of the
auction. This approach, we believe, allows bidders to take advantage of
any synergies that exist among licenses and is administratively
efficient.

### Maximum Eligibility and Activity Rules

In the *Auction No. 48 Comment Public Notice*, we proposed that the
amount of the upfront payment submitted by a bidder would determine the
initial maximum eligibility (as measured in bidding units) for each
bidder.[^54] We received no comments on this issue.

For Auction No. 48 we adopt this proposal. The amount of the upfront
payment submitted by a bidder determines the number of bidding units on
which a bidder may place bids. Note again that each license is assigned
a specific number of bidding units equal to the upfront payment, listed
in the license inventory available for Auction No. 48 ("Attachment A"),
available with this public notice at
http://wireless.fcc.gov/auctions/48/, on a bidding unit per dollar
basis. The total upfront payment defines the maximum number of bidding
units on which the applicant will be permitted to bid and hold high bids
during any given round. As there is no provision for increasing a
bidder's eligibility after the upfront payment deadline, prospective
bidders are cautioned to calculate their upfront payments carefully. The
total upfront payment does not affect the total dollar amount a bidder
may bid on any given license.

In order to ensure that the auction closes within a reasonable period of
time, an activity rule requires bidders to bid actively throughout the
auction, rather than wait until the end before participating. Bidders
are required to be active on a specific percentage of their current
eligibility during each round of the auction.

A bidder's activity level in a round is the sum of the bidding units
associated with licenses on which the bidder is active. A bidder is
considered active on a license in the current round if it is either the
high bidder at the end of the previous bidding round and does not
withdraw the high bid in the current round, or if it submits a bid in
the current round (*see* "Bid Increments and Minimum Acceptable Bids" in
Part IV.B.(3), *below*). The minimum required activity is expressed as a
percentage of the bidder's current bidding eligibility, and increases by
stage as the auction progresses. Because these procedures have proven
successful in maintaining the pace of previous auctions (as set forth
under "Auction Stages" in Part IV.A.3 and "Stage Transitions" in Part
IV.A.4, *below*), we adopt them for Auction No. 48.

### Auction Stages

In the *Auction No. 48 Comment Public Notice*, we proposed to conduct
the auction in three stages and employ an activity rule. We further
proposed that, in each round of Stage One, a bidder desiring to maintain
its current eligibility would be required to be active on licenses
encompassing at least 80 percent of its current bidding
eligibility.[^55] In each round of Stage Two, a bidder desiring to
maintain its current eligibility would be required to be active on at
least 90 percent of its current bidding eligibility. Finally, we
proposed that a bidder in Stage Three, in order to maintain its current
eligibility, would be required to be active on 98 percent of its current
eligibility. We received no comments on this proposal.

We will adopt our proposals for the activity rules. Below are the
activity levels for each stage of the auction. The FCC reserves the
discretion to further alter the activity percentages before and/or
during the auction.

**Stage One:** During the first stage of the auction, a bidder desiring
to maintain its current eligibility will be required to be active on
licenses that represent at least 80 percent of its current bidding
eligibility in each bidding round. Failure to maintain the required
activity level will result in a reduction in the bidder's bidding
eligibility in the next round of bidding (unless an activity rule waiver
is used). During Stage One, reduced eligibility for the next round will
be calculated by multiplying the bidder's current activity (the sum of
bidding units of the bidder's standing high bids and bids during the
current round) by five-fourths (5/4).

**Stage Two:** During the second stage of the auction, a bidder desiring
to maintain its current eligibility is required to be active on 90
percent of its current bidding eligibility. Failure to maintain the
required activity level will result in a reduction in the bidder's
bidding eligibility in the next round of bidding (unless an activity
rule waiver is used). During Stage Two, reduced eligibility for the next
round will be calculated by multiplying the bidder's current activity
(the sum of bidding units of the bidder's standing high bids and bids
during the current round) by ten-ninths (10/9).

**Stage Three:** During the third stage of the auction, a bidder
desiring to maintain its current eligibility is required to be active on
98 percent of its current bidding eligibility. Failure to maintain the
required activity level will result in a reduction in the bidder's
bidding eligibility in the next round of bidding (unless an activity
rule waiver is used). In this stage, reduced eligibility for the next
round will be calculated by multiplying the bidder's current activity
(the sum of bidding units of the bidder's standing high bids and bids
during the current round) by fifty-fortyninths (50/49).

CAUTION: Since activity requirements increase in each auction stage,
bidders must carefully check their current activity during the bidding
period of the first round following a stage transition. This is
especially critical for bidders that have standing high bids and do not
plan to submit new bids. In past auctions, some bidders have
inadvertently lost bidding eligibility or used an activity rule waiver
because they did not re-verify their activity level at stage
transitions. Bidders may check their activity against the required
activity level by using the bidding system's bidding module.

Because the foregoing procedures have proven successful in maintaining
proper pace in previous auctions, we adopt them for Auction No. 48.

### Stage Transitions

In the *Auction No. 48 Comment Public Notice*, we proposed that the
auction would generally advance to the next stage (*i.e.*, from Stage
One to Stage Two, and from Stage Two to Stage Three) when the auction
activity level, as measured by the percentage of bidding units receiving
new high bids, is below 20 percent for three consecutive rounds of
bidding in each Stage. We further proposed that the Bureau would retain
the discretion to change stages unilaterally by announcement during the
auction. This determination, we proposed, would be based on a variety of
measures of bidder activity, including, but not limited to, the auction
activity level, the percentages of licenses (as measured in bidding
units) on which there are new bids, the number of new bids, and the
percentage increase in revenue.[^56] We received no comments on this
subject.

We adopt our proposal. Thus, the auction will start in Stage One and
will advance to the next stage (*i.e.*, from Stage One to Stage Two, and
from Stage Two to Stage Three) when, in each of three consecutive rounds
of bidding, the high bid has increased on 20 percent or less of the
licenses being auctioned (as measured in bidding units). In addition,
the Bureau will retain the discretion to regulate the pace of the
auction by announcement. This determination will be based on a variety
of measures of bidding activity, including, but not limited to, the
auction activity level, the percentages of licenses (as measured in
bidding units) on which there are new bids,[^57] the number of new bids,
and the percentage increase in revenue. We believe that these stage
transition rules, having proven successful in prior auctions, are
appropriate for use in Auction No. 48.

### Activity Rule Waivers and Reducing Eligibility

In the *Auction No. 48 Comment Public Notice*, we proposed that each
bidder in the auction would be provided five activity rule waivers.
Bidders may use an activity rule waiver in any round during the course
of the auction.[^58] We received no comments on this subject.

Based upon our experience in previous auctions, **we adopt our proposal
that each bidder be provided five activity rule waivers that may be used
in any round during the course of the auction**. Use of an activity rule
waiver preserves the bidder's current bidding eligibility despite the
bidder's activity in the current round being below the required level.
An activity rule waiver applies to an entire round of bidding and not to
a particular license. We are satisfied that our practice of providing
five waivers over the course of the auction provides a sufficient number
of waivers and flexibility to the bidders, while safeguarding the
integrity of the auction.

The Automated Auction System assumes that bidders with insufficient
activity would prefer to use an 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 round where a bidder's activity level is below the minimum
required unless: (1) there are no activity rule waivers available; or
(2) the bidder overrides the automatic application of a waiver by
reducing eligibility, thereby meeting the required activity level. If a
bidder has no waivers remaining and does not satisfy the required
activity level, the current eligibility will be permanently reduced,
possibly eliminating the bidder from the auction.

A bidder with insufficient activity that wants to reduce its bidding
eligibility rather than use an activity rule waiver must affirmatively
override the automatic waiver mechanism during the round by using the
"reduce eligibility" function in the bidding system. In this case, the
bidder's eligibility is permanently reduced to bring the bidder into
compliance with the activity rules as described in "Auction Stages"
(*see* Part IV.A.3 discussion *above*). Once eligibility has been
reduced, a bidder will not be permitted to regain its lost bidding
eligibility.

Finally, a bidder may proactively use an activity rule waiver as a means
to keep the auction open without placing a bid. If a bidder submits a
proactive waiver (using the proactive waiver function in the Automated
Auction System) during a round in which no bids are submitted, the
auction will remain open and the bidder's eligibility will be preserved.
However, an automatic waiver triggered during a round in which there are
no new bids or withdrawals will not keep the auction open. **Note: Once
a proactive waiver is placed during a round, that waiver cannot be
unsubmitted.**

### Auction Stopping Rules

For Auction No. 48, the Bureau proposed to employ a simultaneous
stopping rule approach.[^59] The Bureau also sought comment on a
modified version of the stopping rule. The modified version of the
stopping rule would close the auction for all licenses after the first
round in which no bidder submits a proactive waiver, a withdrawal, or a
new bid on any license on which it is not the standing high bidder.
Thus, absent any other bidding activity, a bidder placing a new bid on a
license for which it is the standing high bidder would not keep the
auction open under this modified stopping rule.

The Bureau further proposed retaining the discretion to keep the auction
open even if no new acceptable bids or proactive waivers are submitted
and no previous high bids are withdrawn in a round. In this event, the
effect will be the same as if a bidder had submitted a proactive waiver.
Thus, the activity rule will apply as usual, and a bidder with
insufficient activity will either use an activity rule waiver (if it has
any left) or lose bidding eligibility.

In addition, we proposed that the Bureau reserve the right to declare
that the auction will end after a designated number of additional rounds
("special stopping rule"). If the Bureau invokes this special stopping
rule, it will accept bids in the final round(s) only for licenses on
which the high bid increased in at least one of the preceding specified
number of rounds. We proposed to exercise this option only in
circumstances such as where the auction is proceeding very slowly, where
there is minimal overall bidding activity or where it appears likely
that the auction will not close within a reasonable period of time.[^60]
Before exercising this option, the Bureau is likely to attempt to
increase the pace of the auction by, for example, moving the auction
into the next stage (where bidders will be required to maintain a higher
level of bidding activity), increasing the number of rounds per day
and/or adjusting the minimum acceptable bids and bid increments for the
licenses.

We received no comments concerning the auction stopping rules;
therefore, we adopt the above proposals. Auction No. 48 will begin under
the simultaneous stopping rule, and the Bureau will retain the
discretion to invoke the other versions of the stopping rule. We believe
that these stopping rules are most appropriate for Auction No. 48,
because our experience in prior auctions demonstrates that the auction
stopping rules balance the interests of administrative efficiency and
maximum bidder participation.

### Auction Delay, Suspension, or Cancellation

In the *Auction No. 48 Comment Public Notice*, we proposed that, by
public notice or by announcement during the auction, the Bureau may
delay, suspend, or cancel the auction in the event of natural disaster,
technical obstacle, evidence of an auction security breach, unlawful
bidding activity, administrative or weather necessity, or for any other
reason that affects the fair conduct of competitive bidding.[^61]

Because this approach has proven effective in resolving exigent
circumstances in previous auctions, we adopt our proposed auction
cancellation rules. By public notice or by announcement during the
auction, the Bureau may delay, suspend, or cancel the auction in the
event of natural disaster, technical obstacle, evidence of an auction
security breach, unlawful bidding activity, administrative or weather
necessity, or for any other reason that affects the fair and competitive
conduct of competitive bidding. In such cases, the Bureau, in its sole
discretion, may elect to resume the auction starting from the beginning
of the current round, resume the auction starting from some previous
round, or cancel the auction in its entirety. Network interruption may
cause the Bureau to delay or suspend the auction. We emphasize that
exercise of this authority is solely within the discretion of the
Bureau, and its use is not intended to be a substitute for situations in
which bidders may wish to apply their activity rule waivers.

## Bidding Procedures

### Round Structure

The initial bidding schedule will be announced in the public notice
listing the qualified bidders, which is released approximately 10 days
before the start of the auction. Each bidding round is followed by the
release of the round results. Multiple bidding rounds may be conducted
in a given day. Details regarding round results formats and locations
will also be included in the qualified bidders public notice.

The FCC has discretion to change the bidding schedule in order to foster
an auction pace that reasonably balances speed with the bidders' need to
study round results and adjust their bidding strategies. The Bureau may
increase or decrease the amount of time for the bidding rounds and
review periods, or the number of rounds per day, depending upon the
bidding activity level and other factors.

### Reserve Price or Minimum Opening Bid 

*Background*. The Balanced Budget Act calls upon the Commission to
prescribe methods by which a reasonable reserve price will be required
or a minimum opening bid established when FCC licenses are subject to
auction (*i.e.*, because they are mutually exclusive), unless the
Commission determines that a reserve price or minimum opening bid is not
in the public interest.[^62] Consistent with this mandate, the
Commission directed the Bureau to seek comment on the use of a minimum
opening bid and/or reserve price prior to the start of each
auction.[^63] Among other factors, the Bureau should consider the amount
of spectrum being auctioned, levels of incumbency, the availability of
technology to provide service, the size of the geographic service areas,
the extent of interference with other spectrum bands, and any other
relevant factors that could have an impact on the spectrum being
auctioned.[^64] The Commission concluded that the Bureau should have the
discretion to employ either or both of these mechanisms for future
auctions.[^65]

In the *Auction No. 48 Comment Public Notice*, the Bureau proposed to
establish minimum opening bids for Auction No. 48 and to retain
discretion to lower the minimum opening bids.[^66] Specifically, for
Auction No. 48, the Bureau proposed the following formula for minimum
opening bids:

-   For a license being auctioned by MEA, the minimum opening bid will
    be 20% of the average gross high bid received in Auction No. 40 in
    the same MEA and the same band.

-   For a license being auctioned by EA, the minimum opening bid will be
    20% of the average gross high bid received in Auction No. 40 in the
    same EA and the same band.

The Bureau will set a "floor" for minimum opening bids at \$500 for
licenses in both the upper paging bands (929-931 MHz) and the lower
paging bands (35 MHz, 43 MHz, 152 and 158 MHz, 454 MHz and 459 MHz, 929
MHz, 931 MHz).

In the alternative, the Bureau sought comment on whether, consistent
with the Balanced Budget Act, the public interest would be served by
having no minimum opening bid or reserve price.[^67] We received one
comment regarding this issue, suggesting that there be no minimum bid on
all licenses that remain unsold from a previous auction.[^68]

After reviewing the comment, the Bureau has concluded that it should
adopt its original proposal and the minimum opening bids listed in the
*Auction No. 48 Comment Paging Notice*. The Bureau believes that the use
of minimum opening bids is in the public interest because parties unable
or unwilling to make proposed minimum opening bids most likely will be
unable or unwilling to use the licenses to provide service to the
public. We conclude that the proposed absolute minimum opening bid of
\$500 will not impede any party willing and able to use the license to
provide paging service. Under the Commission's current rules, the filing
fee for a new paging service license or to make major modifications to
an existing paging service license is \$325.[^69] This fee is waived for
applicants that obtained licenses through the auction process.[^70]
Finally, small businesses qualifying for a thirty-five percent (35%)
bidding credit and winning a lower paging bands license for the minimum
opening bid of \$500 will have to pay \$325 for the license. Thus, even
absent an auction, service providers would have to meet costs comparable
to the proposed absolute minimum opening bids in order to obtain a
license.

We will adopt minimum opening bids for Auction No. 48, that are
reducible at the discretion of the Bureau. We emphasize, however, that
such discretion will be exercised, if at all, sparingly and early in the
auction, *i.e.*, before bidders lose all waivers and begin to lose
substantial eligibility. During the course of the auction, the Bureau
will not entertain requests to reduce the minimum opening bid on
specific licenses.

The specific minimum opening bid for each license available in Auction
No. 48 is set forth in the list of licenses provided in electronic
format as "Attachment A" to this Public Notice at
<http://wireless.fcc.gov/auctions/48/>.

### Minimum Acceptable Bids and Bid Increments 

In the *Auction No. 48 Comment Public Notice*, we proposed to set the
minimum acceptable bid as the minimum opening bid or the standing high
bid plus the defined increment. Eligible bidders will be able to place
bids on a given license in any of nine different amounts. Until a bid
has been placed on a license, the minimum acceptable bid for that
license will be equal to its minimum opening bid. In the rounds after a
bid is placed on a license, the minimum acceptable bid for that license
will be equal to the standing high bid plus the defined increment. With
respect to calculating the defined increment, we proposed basing the
defined increment on a percentage of the standing high bid or, if no
standing high bid had been placed, on a percentage of the minimum
opening bid. We proposed that at the outset of the auction, we would use
twenty percent of the standing high bid or minimum opening bid to
calculate the increment. We further proposed to retain the discretion to
change the percentage used to calculate the defined increment if
circumstances so dictate and to set a floor for the increment used to
calculate the minimum acceptable bid at an absolute dollar amount.[^71]
Finally, we proposed that the Bureau have discretion to use a smaller
percentage to calculate the increment used in setting acceptable bids
higher than the minimum acceptable bid. In all other respects, such as
rounding, the smaller defined increment would be calculated in the same
manner as the defined increment used to set the minimum acceptable
bid.[^72]

For Auction No. 48, we proposed to use a fixed 20 percent bid increment.
This means that the minimum acceptable bid for a license will be
approximately 20 percent greater than the previous standing high bid
received on the license. The minimum acceptable bid amount will be
calculated by multiplying the standing high bid times one plus the fixed
percentage --- *i.e.*, minimum acceptable bid amount = (standing high
bid) \* (1.20){rounded}. We will round the result using our standard
rounding procedure for minimum acceptable bid calculations: 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.

At the start of the auction and until a bid has been placed on a
license, the minimum acceptable bid for that license will be equal to
its minimum opening bid. Corresponding additional bid amounts will be
calculated using bid increments defined as the difference between the
minimum opening bid times one plus the percentage increment, rounded as
described above, and the minimum opening bid --- *i.e.*, bid increment =
(minimum opening bid)(1 + percentage increment){rounded} - (minimum
opening bid). At the start of the auction and until a bid has been
placed on a license, the nine acceptable bid amounts for each license
consist of the minimum opening bid and additional amounts are calculated
using multiple bid increments (*i.e.*, the second bid amount equals the
minimum opening bid plus the bid increment, the third bid amount equals
the minimum opening bid plus two times the bid increment, etc.).

[Example bid amount calculation for licenses at the start of the auction
and without standing high bids:]{.underline}

1^st^ bid amount = minimum opening bid

2^nd^ bid amount = minimum opening bid + (bid increment)

3^rd^ bid amount = minimum opening bid + 2(bid increment)

...

9^th^ bid amount = minimum opening bid + 8(bid increment)

Once there is a standing high bid on the license, the Automated Auction
System will calculate a minimum acceptable bid for that license for the
following round, as described below. The difference between the minimum
acceptable bid and the standing high bid for each license will define
the **bid increment**---i.e., bid increment = (minimum acceptable bid)
-- (standing high bid). The nine acceptable bid amounts for each license
consist of the minimum acceptable bid (the standing high bid plus one
bid increment) and additional amounts calculated using multiple bid
increments (*i.e.*, the second bid amount equals the standing high bid
plus two times the bid increment, the third bid amount equals the
standing high bid plus three times the bid increment, etc.).

[Example bid amount calculation for a license with standing high
bids:]{.underline}

1^st^ bid amount (minimum acceptable bid) = standing high bid + bid
increment

2^nd^ bid amount = standing high bid +2(bid increment)

3^rd^ bid amount = standing high bid +3(bid increment)

...

9^th^ bid amount = standing high bid +9(bid increment)

The Bureau retains the discretion to change the minimum acceptable bids
and bid increments and the methodology for determining the minimum
acceptable bids and bid increments if it determines circumstances so
dictate. The Bureau will do so by announcement in the FCC Automated
Auction System. The Bureau may also use its discretion to adjust the
minimum bid increment without prior notice if circumstances warrant.

We will adopt our proposals contained in the *Auction No. 48 Comment
Public Notice.* In doing so, we will retain the discretion to set the
percentages being used. Advance notice of the Bureau's decision to
exercise its discretion with regard to acceptable bids in any manner
will be announced via the Automated Auction System.

### High Bids

At the end of each bidding round, the high bids will be determined based
on the highest gross bid amount of the bids received for each license.

In the *Auction No. 48 Comment Public Notice*, the Bureau proposed to
use a random number generator to select a high bid in the event of
identical high bids on a license in a given round (i.e., tied bids). A
random number will be assigned to each bid. The tied bid having the
highest random number will become the standing high bid. The remaining
bidders, as well as the high bidder, will be able to submit a higher bid
in a subsequent round. If no bidder submits a higher bid in a subsequent
round, the high bid from the previous round will win the license. If any
bids are received on the license in a subsequent round, the high bid
will once again be determined on the highest gross bid amount received
for the license. We received no comments on this issue. Therefore, we
adopt our proposal.

### Bidding

During a round, a bidder may submit bids for as many licenses as it
wishes (subject to its eligibility), withdraw high bids from previous
bidding rounds, remove bids placed in the same bidding round, or
permanently reduce eligibility. Bidders also have the option of making
multiple submissions and withdrawals in each round. If a bidder submits
multiple bids for a single license in the same round, the system takes
the last bid entered as that bidder's bid for the round. Bidders should
note that the bidding units associated with licenses for which the
bidder has removed or withdrawn its bid do not count towards the
bidder's activity at the close of the round.

Please note that all bidding will take place remotely either through the
Automated Auction System or by telephonic bidding. (Telephonic bid
assistants are required to use a script when entering bids placed by
telephone. Telephonic bidders are therefore reminded to allow sufficient
time to bid by placing their calls well in advance of the close of a
round. Normally, five to ten minutes are necessary to complete a bid
submission. Due to the large number of licenses in Auction No. 48,
bidders may require more time to submit their bids than in past
auctions.) There will be no on-site bidding during Auction No. 48.

A bidder's ability to bid on specific licenses in the first round of the
auction is determined by two factors: (1) the licenses applied for on
FCC Form 175 and (2) the upfront payment amount deposited. The bid
submission screens will allow bidders to submit bids on only those
licenses for which the bidder applied on its FCC Form 175.

In order to access the bidding functions of the Automated Auction
System, bidders must be logged in during the bidding round using the
bidder identification number provided in the registration materials, and
the generated SecurID code. Bidders are strongly encouraged to print bid
confirmations for each round [after]{.underline} they have completed all
of their activity for that round.

In each round, eligible bidders will be able to place bids on a given
license in any of nine different amounts.[^73] For each license, the
Automated Auction System interface will list the nine acceptable bid
amounts in a drop-down box. Bidders may use the drop-down box to select
from among the nine acceptable bid amounts. The Automated Auction System
also includes an import function that allows bidders to upload text
files containing their bid information.

Until a bid has been placed on a license, the minimum acceptable bid for
that license will be equal to its minimum opening bid. In the rounds
after an acceptable bid is placed on a license, the minimum acceptable
bid for that license will be equal to the standing high bid plus the
defined increment.

As detailed above, for each license in Auction No. 48, the defined
increment for the minimum acceptable bid is based on a percentage of the
standing high bid on the license or, if no bid has been placed on the
license, a percentage of the minimum opening bid for the license.
Presuming, for example, that the percentage being used is 20
percent---the initial value at the start of the auction---and the
standing high bid for a license is \$10,000, the minimum acceptable bid
will be \$12,000.

In addition, the Bureau proposed discretion to use a smaller defined
increment to calculate acceptable bids higher than the minimum
acceptable bid. The smaller defined increment would be calculated using
a smaller percentage than the percentage used to calculate the defined
increment that sets the minimum acceptable bid. For example, 20 percent
might be used to calculate the defined increment for the minimum
acceptable bid and 10 percent might be used to calculate the smaller
defined increment used to calculate higher acceptable bids. In all other
respects, the smaller defined increment would be calculated in exactly
the manner described above for the initial defined increment, including
rounding. In this case, for the example above in which the standing high
bid for a license is \$10,000 and the minimum acceptable bid is
\$12,000, the values for the minimum acceptable bid and higher amounts
will be calculated as follows:

Defined Increment = (Standing High Bid \* 1.2{rounded}) -- Standing High
Bid

= (\$10,000 \* 1.2{rounded}) -- \$10,000

= (\$12,000{rounded}) -- \$10,000

= \$12,000 -- \$10,000

= \$2,000

Smaller Defined Increment = (Standing High Bid \* 1.1{rounded}) --
Standing High Bid

= (\$10,000 \* 1.1{rounded}) -- \$10,000

= (\$11,000{rounded}) -- \$10,000

= \$11,000 -- \$10,000

= \$1,000

Minimum Acceptable Bid = Standing High Bid + Defined Increment

= \$10,000 + \$2,000

= \$12,000

One Increment Higher Than Minimum Acceptable Bid

= Minimum Acceptable Bid + (Smaller Defined Increment \* 1)

= \$12,000 + (\$1,000 \* 1)

= \$12,000 + \$1,000

= \$13,000

Two Increments Higher Than Minimum Acceptable Bid

= Minimum Acceptable Bid + (Smaller Defined Increment \* 2)

= \$12,000 + (\$1,000 \* 2)

= \$12,000 + \$2,000

= \$14,000

This procedure would enable bidders unwilling to raise the standing high
bid by twice the defined increment to place bids higher than the minimum
acceptable bid. Thus, in the above example, a bidder wanting to bid
above the minimum acceptable bid but unwilling to raise the standing
high bid of \$10,000 by twice the defined increment of \$2,000 (\$4,000
or 40 percent) would have the flexibility to bid \$13,000, raising the
standing high bid by \$3,000. In the case of a license for which the
standing high bid has been withdrawn,[^74] the minimum acceptable bid
will equal the second highest bid received for the license. The
additional bid amounts are calculated using the defined increment, as
stated above. The Bureau will adopt these proposals for Auction No. 48.

Finally, bidders are cautioned in selecting their bid amounts because,
as explained in the following section, bidders who withdraw a standing
high bid from a previous round, even if mistakenly or erroneously made,
are subject to bid withdrawal payments.

### Bid Removal and Bid Withdrawal

In the *Auction No. 48 Comment Public Notice*, we proposed bid removal
and bid withdrawal procedures.[^75] With respect to bid withdrawals, we
proposed limiting each bidder to withdrawals in no more than two rounds
during the course of the auction. The two rounds in which withdrawals
are utilized, we proposed, would be at the bidder's discretion. We
received no comments on this issue.

**Procedures.** Before the close of a bidding round, a bidder has the
option of removing any bids placed in that round. By using the "remove
bid" function in the bidding system, a bidder may effectively "unsubmit"
any bid placed within that round. A bidder removing a bid placed in the
same round is not subject to withdrawal payments. Removing a bid will
affect a bidder's activity for the round in which it is removed, *i.e.*,
a bid that is subsequently removed does not count toward the bidder's
activity requirement. This procedure, about which we received no
comments, will enhance bidder flexibility during the auction. Therefore,
we will adopt these procedures for Auction No. 48.

Once a round closes, a bidder may no longer remove a bid. However, in
later rounds, a bidder may withdraw standing high bids from previous
rounds using the withdraw bid function in the Automated Auction System
(assuming that the bidder has not exhausted its withdrawal allowance). A
high bidder that withdraws its standing high bid from a previous round
during the auction is subject to the bid withdrawal payments specified
in 47 C.F.R. § 1.2104(g). **Note: Once a withdrawal is placed during a
round, that withdrawal cannot be unsubmitted.**

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 licenses in combination, we conclude that, for
Auction No. 48, adoption of a limit on their use to two rounds per
bidder is the most appropriate outcome. By doing so we believe we strike
a reasonable compromise that will allow bidders to use withdrawals. Our
decision on this issue is based upon our experience in prior auctions,
particularly the PCS D, E and F block auctions, and 800 MHz SMR auction,
and is in no way a reflection of our view regarding the likelihood of
any speculation or "gaming" in this auction.

The Bureau will therefore limit the number of rounds in which each
bidder 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 during the
auction will still be subject to the bid withdrawal payments specified
in 47 C.F.R. § 1.2104(g). 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 minimum acceptable bid will equal the
second highest bid received for the license, which may be less than, or
equal to, in the case of tied bids, the amount of the withdrawn
bid.[^76] To set the additional bid amounts, the second highest bid also
will be used in place of the standing high bid in the formula used to
calculate bid increments. The Commission will serve as a "place holder"
high bidder on the license until a new bid is submitted on that license.

**Calculation.** Generally, the Commission imposes payments on bidders
that withdraw high bids during the course of an auction.[^77] If a
bidder withdraws its bid and there is no higher bid in the same or
subsequent auction(s), the bidder that withdrew its bid is responsible
for the difference between its withdrawn bid and the net high bid in the
same or subsequent auction(s). In the case of multiple bid withdrawals
on a single license, within the same or subsequent auctions(s), the
payment for each bid withdrawal will be calculated based on the sequence
of bid withdrawals and 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 subsequent higher bid in the same or subsequent
auction(s). This policy allows 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 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.[^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 percent of the amount of the withdrawn
bids. The 3 percent interim payment will be applied toward any final bid
withdrawal payment that will be assessed after subsequent auction of the
license. Assessing an interim bid withdrawal payment ensures that the
Commission receives a minimal withdrawal payment pending assessment of
any final withdrawal payment. The *Part 1 Fifth Report and Order*
provides specific examples showing application of the bid withdrawal
payment rule[]{#__RefHeading___Toc511011621 .anchor}[^79]

### Round Results

In the *Auction No. 48 Comment Public Notice*, we proposed disclosing
all information relating to the bids during Auction No. 48 after each
round of bidding closes, including all bids and withdrawals placed in
each round, the identity of the bidder placing each bid or withdrawal,
and the net and gross amounts of each bid or withdrawal. Accordingly,
the Bureau will adopt the proposal in the *Auction No. 48 Comment Public
Notice*.

Bids placed during a round will not be published until the conclusion of
that bidding period. After a round closes, the Bureau will compile
reports of all bids placed, bids withdrawn, current high bids, new
minimum acceptable bids, and bidder eligibility status (bidding
eligibility and activity rule waivers), and post the reports for public
access. Reports reflecting bidders' identities and bidder identification
numbers for Auction No. 48 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.

### Auction Announcements

The FCC will use auction announcements to announce items such as
schedule changes and stage transitions. All FCC auction announcements
will be available by clicking a link on the Automated Auction System.

### Maintaining the Accuracy of FCC Form 175 Information

As noted in Part II.H., after the short-form filing deadline, applicants
may make only minor changes to their FCC Form 175 applications. For
example, permissible minor changes include deletion and addition of
authorized bidders (to a maximum of three) and certain revision of
exhibits. Applicants must make these modifications to their FCC Form 175
electronically and submit a letter, briefly summarizing the changes, by
electronic mail to the attention of Margaret Wiener, Chief, Auctions and
Industry Analysis Division at the following address:
[auction48@fcc.gov](mailto:auction82@fcc.gov). The electronic mail
summarizing the changes should include a subject or caption referring to
Auction No. 48. The Bureau requests that parties format any attachments
to electronic mail as Adobe^®^ Acrobat^®^ (pdf) or Microsoft^®^ Word
documents.

**A separate copy of the letter should be faxed to the attention of
Kathryn Garland at (717) 338-2850.** Questions about other changes
should be directed to Rosemary Cabral of the Auctions and Industry
Analysis Division at (202) 418-0660.

# POST-AUCTION PROCEDURES

## Down Payments and Withdrawn Bid Payments

After bidding has ended, the Commission will issue a public notice
declaring the auction closed, identifying winning bidders, down payments
and any withdrawn bid payments due.

Within ten business days after release of the auction closing notice,
each winning bidder must submit sufficient funds (in addition to its
upfront payment) to bring its total amount of money on deposit with the
Government to 20 percent of its net winning bids (actual bids less any
applicable small business bidding credits). *See* 47 C.F.R. § 1.2107(b).
In addition, by the same deadline all bidders must pay any bid
withdrawal payments due under 47 C.F.R. § 1.2104(g), as discussed in
"Bid Removal and Bid Withdrawal," Part IV.B.6. (Upfront payments are
applied first to satisfy any withdrawn bid liability, before being
applied toward down payments.)

## Auction Discount Voucher 

On June 8, 2000, the Commission awarded Qualcomm, Inc. a transferable
Auction Discount Voucher ("ADV") in the amount of \$125,273,878.00.[^80]
This ADV may be used by Qualcomm or its transferee, in whole or in part,
to adjust a winning bid in any spectrum auction prior to June 8, 2003,
subject to terms and conditions set forth in the Commission's
Order.[^81] Qualcomm transferred \$10,848,000.00 of the ADV to a winning
bidder in FCC Auction No. 35 and the transferee used its portion of the
ADV to pay a portion of one of its winning bids in Auction No. 35.[^82]
The remaining portion of Qualcomm's ADV could be used to adjust winning
bids in another FCC auction, including Auction No. 48.

## Long-Form Application

Within ten business days after release of the auction closing notice,
winning bidders must electronically submit a properly completed
long-form application (FCC Form 601) and required exhibits for each
license won through Auction No. 48. Winning bidders that are small
businesses must include an exhibit demonstrating their eligibility for
small business bidding credits. *See* 47 C.F.R. §§ 1.2112(b),
24.709(c)(2)(i). Further filing instructions will be provided to auction
winners at the close of the auction.

## Tribal Land Bidding Credit

A winning bidder that intends to use its license(s) to deploy facilities
and provide services to federally-recognized tribal lands that are
unserved by any telecommunications carrier or that have a telephone
service penetration rate equal to or below 70 percent is eligible to
receive a tribal land bidding credit as set forth in 47 C.F.R. §§ 1.2107
and 1.2110(f). A tribal land bidding credit is in addition to, and
separate from, any other bidding credit for which a winning bidder may
qualify.

Unlike other bidding credits that are requested prior to the auction, a
winning bidder applies for the tribal land bidding credit *after*
winning the auction when it files its long-form application (FCC Form
601). When filing the long-form application, the winning bidder will be
required to advise the Commission whether it intends to seek a tribal
land bidding credit, for each market won in the auction, by checking the
designated box(es). After stating its intent to seek a tribal land
bidding credit, the applicant will have 90 days from the close of the
long-form filing window to amend its application to select the specific
tribal lands to be served and provide the required tribal government
certifications. Licensees receiving a tribal land bidding credit are
subject to performance criteria as set forth in 47 C.F.R. § 1.2110(f).

For additional information on the tribal land bidding credit, including
how the amount of the credit is calculated, applicants should review the
Commission's rule making proceeding regarding tribal land bidding
credits and related public notices.[^83] Relevant documents can be
viewed on the Commission's web site by going to
[http://wireless.fcc.gov/auctions](http://www.fcc.gov/wtb/auctions) and
clicking on the *Tribal Land Credits*
link.[]{#__RefHeading___Toc511011628 .anchor}

## Default and Disqualification

Any winning 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 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 its final bid.[^84] 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.[^85]

## Refund of Remaining Upfront Payment Balance

All applicants that submitted upfront payments but were not winning
bidders for a license in Auction No. 48 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 bid withdrawal payments have
been paid. All refunds will be returned to the payer of record, as
identified on the FCC 159, unless the payer submits written
authorization instructing otherwise.

Bidders that drop out of the auction completely may be eligible for a
refund of their upfront payments before the close of the auction.
Qualified bidders that have exhausted all of their activity rule
waivers, have no remaining bidding eligibility, and have not withdrawn a
high bid during the auction must submit a written refund request. If you
have completed the refund instructions electronically, then only a
written request for the refund is necessary. If not, the request must
also include wire transfer instructions, Taxpayer Identification Number
(TIN) and FCC Registration Number (FRN). Send refund request to:

Federal Communications Commission

Financial Operations Center

Auctions Accounting Group

Gail Glasser or Tim Dates

445 12th Street, SW, Room 1-C863

Washington, DC 20554

Bidders are encouraged to file their refund information electronically
using the refund information portion of the FCC Form 175, but bidders
can also fax their information to the Auctions Accounting Group at (202)
418-2843. Once the information has been approved, a refund will be sent
to the party identified in the refund information.

> NOTE: Refund processing generally takes up to two weeks to complete.
> Bidders with questions about refunds should contact Tim Dates at (202)
> 418-0496 or Gail Glasser at (202) 418-0578.

**Media Contact:** Lauren Kravetz at (202) 418-7944

**Auctions and Industry Analysis Division:** Rosemary Cabral, Legal
Branch, at (202) 418-0660; Roy Knowles or Barbara Sibert , Auctions
Operations Branch, at (717) 338-2888

**Commercial Wireless Division:** Amal Abdallah, Policy and Rules
Branch, at (202) 418-7307; Bettye Woodward or Dwain Livingston,
Licensing and Technical Analysis Branch, at (202) 418--0620

-   **FCC -**

-   

# Attachment A -- (License summary\*) 

+----------------------+----------+----------+-----------+-----------+
| **License Band**     | **Totals |          |           |           |
|                      | By       |          |           |           |
|                      | F        |          |           |           |
|                      | requency |          |           |           |
|                      | Band**   |          |           |           |
+----------------------+----------+----------+-----------+-----------+
|                      | **Total  | **Total  | **Total   | **Total   |
|                      | Number** | B        | Upfront** | of        |
|                      |          | idding** |           | Minimum** |
|                      | **of     |          | **        |           |
|                      | Li       | *        | Payment** | **Opening |
|                      | censes** | *Units** |           | Bids**    |
+----------------------+----------+----------+-----------+-----------+
|                      |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| **Lower Bands**      |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| 35 MHz               | 2,093    | 1        | \$        | \$        |
|                      |          | ,046,700 | 1,046,700 | 1,046,700 |
+----------------------+----------+----------+-----------+-----------+
| 43 MHz               | 2,767    | 1        | \$        | \$        |
|                      |          | ,383,500 | 1,383,500 | 1,383,500 |
+----------------------+----------+----------+-----------+-----------+
| 152 and 158 MHz      | 1,712    | 863,170  | \$863,170 | \$863,170 |
| Paired               |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| 152 and 158 MHz      | 363      | 182,650  | \$182,650 | \$182,650 |
| Unpaired             |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| 454 and 459 MHz      | 1,939    | 982,360  | \$982,360 | \$982,360 |
| Paired               |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| Total Lower Bands    | 8,874    | 4        | \$        | \$        |
|                      |          | ,458,380 | 4,458,380 | 4,458,380 |
+----------------------+----------+----------+-----------+-----------+
|                      |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| **Upper Bands**      |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| 929 MHz              | 283      | 141,500  | \$141,500 | \$141,500 |
+----------------------+----------+----------+-----------+-----------+
| 931 MHz              | 1,045    | 528,150  | \$528,150 | \$528,150 |
+----------------------+----------+----------+-----------+-----------+
| Total Upper Bands    | 1,328    | 669,650  | \$669,650 | \$669,650 |
+----------------------+----------+----------+-----------+-----------+
|                      |          |          |           |           |
+----------------------+----------+----------+-----------+-----------+
| **Total Lower and    | 10,202   | 5        | \$        | \$        |
| Upper Paging Bands** |          | ,128,030 | 5,128,030 | 5,128,030 |
+----------------------+----------+----------+-----------+-----------+

\*Due to the large volume of licenses in Auction No. 48, the complete
list of licenses available for this auction will be provided in
electronic format only, available as "Attachment A" to this Public
Notice at http://wireless.fcc.gov/auctions/48/.

# Attachment B 

FCC AUCTION SEMINAR REGISTRATION FORM

Auction No. 48

The FCC will sponsor a one-day seminar for Auction No. 48 applicants.
The seminar is free of charge and will provide information about
pre-auction procedures, service and auction rules, conduct of the
auction, and the Automated Auction System.

A maximum of two representatives from each company may attend on a
reservation basis, first-come first-served until room capacity is
filled. Additional seating may be available on a stand-by basis the day
of the seminar. The seminar will be held:

Thursday, March 6, 2003

Federal Communications Commission

445 12th Street SW

Washington, DC 20554

Registration 9:30 a.m. -- 10:00 a.m.

Seminar 10:00 a.m. - 2 p.m.

If hotel accommodations are needed

Please contact 1-888-225-5322 (option #2) for a list of hotels in the
area

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

To register, complete the form below and

return no later than

Tuesday, March 4, 2003, by fax to:

FCC Auction 48

Auctions Operations Branch

[1270 Fairfield Road]{.underline}

[Gettysburg, PA 17325-7245]{.underline}

FAX: 717-338-2850

Phone: 717-338-2888

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

I/We will attend the Auction No. 48 Seminar, scheduled for Thursday,
March 6, 2003.

Name of attendee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of attendee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Company name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Fax:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# Attachment C 

ELECTRONIC FILING AND REVIEW

OF THE FCC FORM 175

Applicants must submit their FCC Form 175 applications electronically.
The FCC recommends submitting your Form 175 via the Internet. As a
contingency, you can submit via the FCC Wide-Area Network. FCC Form 175
applications must be submitted and confirmed by **6:00 p.m. ET on
Friday, March 21, 2003.** Late applications or unconfirmed submissions
of electronic data will not be accepted.

Applicants must click the **SUBMIT Application** button on the
*Submission* page to successfully submit their FCC Form 175. The
electronic filing process consists of an initial filing period and a
resubmission period to make minor corrections. During each filing
period, submitted applications may be updated and amended multiple times
until the filing deadline.

## Software Requirements

Applicants will need to meet the following minimum software
requirements:

-   Web Browser, either of the following:

```{=html}
<!-- -->
```
-   Microsoft® Internet Explorer 4.0 or higher (recommended). Your
    browser must have either Microsoft VM or Java Plug-In Version 1.3.1
    installed.

-   Netscape® Communicator™ 4.0 or higher, with Java Plug-In Version
    1.3.1.

> Java Plug-In Version 1.3.1 is available for downloading at
> [http://java.sun.com/getjava/download.html](http://java.sun.com/products/plugin/).

-   PDF Viewer: Adobe Acrobat Reader 5.0 or higher (available at
    ***http://www.adobe.com***)

-   If you wish to use the download feature on the Search Results page,
    you will need a .tar file extraction utility, e.g., Winzip
    (available at ***http://www.winzip.com***) or Pkzip for Windows
    (available at ***http://www.pkware.com/shareware***).

## Submitting FCC Form 175 Applications

You can submit FCC Form 175 applications electronically via the
Internet. Start your web browser and point it to either
***https://auctions.fcc.gov/*** (primary location) or
***https://auctions2.fcc.gov/*** (secondary location). On the FCC
Auctions page, click **Form 175 Application & Search** to obtain the
Form 175 Homepage.

**Note:** As a contingency, you may submit FCC Form 175 application
amendments via the FCC Wide Area Network, using Dial-Up Networking. To
access the Wide Area Network, configure your dial-up network to dial
either ***202-408-7835*** or ***717-338-0735***. These phone numbers are
located in the Washington, DC, and Gettysburg, PA, metropolitan areas,
respectively. Thus, they may be long-distance calls, depending on where
you reside.

### Logging On

The Form 175 Homepage has a Form 175 Logon area at the top right. This
area provides fields that let you identify yourself to the system. In
these fields, type your assigned FRN (*without* the hyphens) and the
password you created in CORES, respectively, then click the **Logon**
button.

Once you have logged on with your FRN, you can click the **New Form**
link to obtain the *Profile* page for the auction.

### Uploading Attachments

When uploading attachments from the Form 175 *Attachments* page, you may
use a variety of file formats\--including Word 2000 or earlier,
WordPerfect 6.*x* or earlier, Adobe PDF, and ASCII text\--and you should
verify that the files contain all exhibit information. Also note the
following about files to be uploaded:

-   Files may be no larger than 1.5 Mb.

-   Graphics files (e.g., .*bmp, .tiff, .jpg*) and spreadsheets (e.g.,
    Excel, Lotus) are not supported.

-   Word processing files that are uploaded may not contain graphic
    images.

-   You may include hyphens (-) and underscore (\_) symbols in the name
    of a file to be uploaded, but do not use other punctuation marks or
    blank spaces. The FCC system will not be able to convert that file.

-   The path to a file (i.e., the file name and its directory) must not
    exceed 60 characters.

-   Do not upload a password-protected file. The FCC system will not be
    able to open it or convert it.

-   Do not include your TIN in any attachment to be uploaded. Contents
    of attachments become public once the Status PN is released.

The system converts each uploaded attachment to PDF format. (The
conversion process

generally completes within 30 minutes.) Until the system has converted
your file to PDF format, the description field shows *Not converted*.

Repeat this procedure for each additional attachment you want to add.
When you have finished adding attachments, click the **Continue to
CERTIFICATION** button to obtain the *Certification* page.

#### Unreadable Attachment Files

If you are unable to read an attachment file after it has been
converted, please do the following:

1\. Re-upload the attachment.

2\. If the file still has not been converted properly, then simplify the
formatting of the file.

For example, if you are using a Table structure in a WordPerfect
document, remove the Table structure and leave the contents of the
table, then re-upload the attachment.

After you have successfully re-uploaded an attachment, please delete the
old, unreadable attachment files using their **Delete** links.

### Completing the Submission Procedure

Applicants must press the **SUBMIT Application** button on the
*Submission* page to successfully submit their FCC Form 175. Pressing
**SUBMIT Application** produces a *Submission Confirmation* page showing
the assigned FCC Account Number. During each filing period, submitted
applications may be updated and amended multiple times until the filing
deadline.

## Reviewing FCC Form 175 Applications

Once the FCC has completed the 175 Review process, you can view FCC Form
175 applications electronically by searching for them in the FCC
database. Start your web browser and point it to either
***https://auctions.fcc.gov/*** (primary location) or
***https://auctions2.fcc.gov/*** (secondary location). Click the **Form
175 Application & Search** link, then click the **SEARCH** link at the
top of the page. When the *Form 175 Search* page appears, select the
search criteria you want and then click the **Submit** button.

## Help

For technical assistance with using FCC software, contact the FCC
Technical Support Hotline at (202) 414‑1250 (V) or (202) 414-1255 (TTY).
The FCC Technical Support Hotline is generally available Monday through
Friday from 8 a.m. to 6 p.m. ET. *All calls to the FCC Technical Support
Hotline are recorded.*

You can also contact Technical Support via e-mail. To obtain the
address, click the **Support** tab on the Form 175 Homepage.

# Attachment D

GUIDELINES FOR COMPLETION OF FCC FORM 175 AND EXHIBITS

## FCC Form 175

Because of the significance of the FCC Form 175 application to the
auction, bidders should especially note the following:

**Company:** Name given is used as your bidder name in the auction.

**Address:** Applicants must provide a street address (not a Post Office
box number) for the applicant, suitable for mail or private parcel
delivery.

**Legal Classification:** Applicants must indicate their legal
classification. The FCC Form 175 requires the applicant to classify
itself as an individual, joint venture, partnership, trust, corporation,
consortium, association, limited liability corporation (LLC) or
government entity.

**Applicant Status:** Applicants are also requested to indicate their
status as a rural telephone company, minority- and/or women-owned
business, so that the FCC can monitor its performance in promoting
economic opportunities for these designated entities.

**Contact person/address:** If the Commission wishes to communicate with
the applicant by telephone or fax, those communications will be directed
to the contact person identified on the FCC Form 175. Space is provided
for an address, telephone number, fax number, and e-mail address. All
written communication and registration information will be directed to
the applicant's contact person at the address specified on the FCC Form
175. Applicants must provide a street address; **no P.O. Box addresses
may be used.**

**Authorized Bidders:** Applicants must list the name(s) of the
person(s) (no more than three) authorized to represent them at the
auction. Only those individuals listed on the FCC Form 175 will be
authorized to place or withdraw bids for the applicant during the
auction.

**Bidding Credit Eligibility:** Applicants that qualify for a small
business bidding credit must select the applicable bidding credit (25
percent or 35 percent) in the bidding credit eligibility item on the
Form 175. Applicants are advised that this is the sole opportunity
applicants have to elect small business status and bidding credit level
(if applicable). There is no opportunity to change the election once the
short-form filing deadline passes on March 21, 2003.

Telephonic or Electronic Bidding Options: Bidders may participate in the
auction either electronically or telephonically, and must specify their
preference. To participate in the auction, every authorized bidder must
have a SecurID card, which the FCC will provide free of charge.

**License Selection:** Applicants should select all licenses on which
they want to be eligible to bid in the auction. Be advised that there is
no opportunity to change this list once the short-form filing deadline
passes on March 21, 2003. It is critically important that you confirm
the licenses that you have selected because the auction system will not
accept a bid on licenses for which an applicant has not applied on its
FCC Form 175.

The online Form 175 application provides filters that enable you to
generate a list of licenses having a specific service, market, or
channel block. Once you obtain this customized list, you can use it to
select the licenses you are interested in.

## Exhibits and Attachments

In addition to the FCC Form 175 itself, applicants must submit
additional information required by the FCC's rules. If attachments are
not uploaded, the FCC Form 175 submission process cannot be completed.
Although the FCC does not require a particular format for this
information, it has developed the following guidelines that will
facilitate the processing of short-form applications. The FCC encourages
applicants to submit this information using the following format.

If you find that an attachment has not converted properly to Adobe PDF
format, take the following steps:

*1) Simplify the formatting of the file. For example, if using a Table
structure in a WordPerfect document, remove the Table structure leaving
the contents of the table, re‑save the document.*

*2) Re‑upload the attachment.*

*3) When the re-uploaded attachment has successfully converted, delete
the failed attachment.*

**NOTE: Applicants should not include sensitive information (i.e.,
TIN/EIN) on any exhibits to their FCC Form 175s.**

**Exhibit A \-- Applicant Identity and Ownership Information**: 47
C.F.R. § 1.2105(a)(2)(ii) requires each applicant to fully disclose the
real party or parties-in-interest in an exhibit to its FCC Form 175
application. Each member of an applicant applying to bid as a small
business consortium must provide this information. The following
information is required:

### General Information

  -----------------------------------------------------------------------
  ***Applicant Status*** ***Required Information***
  ---------------------- ------------------------------------------------
  General Partnership    Name, citizenship, and address of all partners,
                         and the share or interest participation of each
                         partner

  Limited Partnership    Name, citizenship, and address of each limited
                         partner whose interest in the applicant is equal
                         to or greater than 10 percent (as calculated
                         according to the percentage of equity paid in
                         and the percentage of distribution of profits
                         and losses)

  Corporation            Corporate name and address; and name, title, and
                         citizenship of a responsible officer or director

  Limited Liability      Corporate name and address; name, address, and
  Corporation            citizenship of all members whose interest in the
                         applicant is equal to or greater than 10 percent
                         (as calculated according to the percentage of
                         equity paid in and the percentage of
                         distribution of profits and losses)

  Trust                  Name, citizenship, and address of trustee

  None of the above      Name, citizenship, title or other relation to
                         the applicant, and address of a principal or
                         other responsible person
  -----------------------------------------------------------------------

### Ownership Information

+----------------------+-----------------------------------------------+
| ***Applicant         | ***Required Information***                    |
| Status***            |                                               |
+======================+===============================================+
| All applicants       | Name, citizenship, and address of all         |
|                      | controlling interests of the applicant as     |
|                      | discussed in Section 1.2110 of the            |
|                      | Commission's rules.                           |
+----------------------+-----------------------------------------------+
| All applicants       | Name, citizenship, and address of all parties |
|                      | holding 10 percent or more of each class of   |
|                      | stock, warrants, options or debt securities   |
|                      | and the amount and percentage held.           |
+----------------------+-----------------------------------------------+
| All applicants       | Name of all parties holding a 10 percent or   |
|                      | greater interest in the applicant and the     |
|                      | specific amount held.                         |
+----------------------+-----------------------------------------------+
| All applicants       | List of all parties holding indirect          |
|                      | ownership interests in the applicant that     |
|                      | equals 10 percent or more, as determined by   |
|                      | successive multiplication of the ownership    |
|                      | percentages in each link of the vertical      |
|                      | ownership chain, except that if the ownership |
|                      | percentage for any link in the chain exceeds  |
|                      | 50 percent or represents actual control, it   |
|                      | shall be reported as if it were a 100 percent |
|                      | interest.                                     |
+----------------------+-----------------------------------------------+
|                      | *Example.* Company A owns 10% of Company B,   |
|                      | which owns 60% of Company C, which owns 25%   |
|                      | of the applicant. Company B's interest in the |
|                      | applicant would be 25% (the same as Company   |
|                      | C's interest since Company B's interest in    |
|                      | Company C exceeds 50%), and Company A's       |
|                      | interest in the applicant would be 2.5% (0.1  |
|                      | \* 0.25). Under the 10% attribution           |
|                      | benchmark, Company B's interest in the        |
|                      | applicant must be reported on the applicant's |
|                      | FCC Form 175 Exhibit A, while Company A's     |
|                      | interest in the applicant need not be         |
|                      | reported. However, if Company A owned 40% of  |
|                      | Company B in the above example, then Company  |
|                      | A's interest in the applicant would be 10%    |
|                      | (0.4 \* 0.25), and the applicant would need   |
|                      | to report it on the applicant's FCC Form 175  |
|                      | Exhibit A                                     |
+----------------------+-----------------------------------------------+
| All applicants       | List of any FCC-licensed entity or applicant  |
|                      | for an FCC license, in which                  |
+----------------------+-----------------------------------------------+
|                      | > a\. the applicant;                          |
+----------------------+-----------------------------------------------+
|                      | > b\. any party with a 10 percent or greater  |
|                      | > interest in the applicant; or               |
+----------------------+-----------------------------------------------+
|                      | > c\. a controlling interest (as discussed in |
|                      | > Section 1.2110 of the Commission's rules)   |
|                      |                                               |
|                      | owns a 10 percent or greater interest of the  |
|                      | applicant or 10 percent or more of any class  |
|                      | of stock, warrants, options or debt           |
|                      | securities of the applicant. (*See also* 47   |
|                      | C.F.R. § 1.2110) This list must include a     |
|                      | description of each such entities' principal  |
|                      | business and a description of each such       |
|                      | entities' relationship to the applicant.      |
+----------------------+-----------------------------------------------+
|                      | *Example of a.* The applicant owns 10 percent |
|                      | of Company A (an FCC licensed entity or an    |
|                      | applicant for an FCC license). The applicant  |
|                      | must list Company A on its FCC Form 175       |
|                      | Exhibit A and provide the required            |
|                      | information.                                  |
+----------------------+-----------------------------------------------+
|                      | *Example of b.* Company A owns 10 percent of  |
|                      | the applicant and 10 percent of Company B (an |
|                      | FCC licensed entity or an applicant for an    |
|                      | FCC license). The applicant must list both    |
|                      | Company A and Company B on its FCC Form 175   |
|                      | Exhibit A and provide the required            |
|                      | information.                                  |
+----------------------+-----------------------------------------------+
|                      | *Example of c.* Company A owns 55% of the     |
|                      | applicant and owns 10 percent of Company B    |
|                      | (an FCC licensed entity or an Applicant for   |
|                      | an FCC license). The applicant must list both |
|                      | Company A and Company B on its FCC Form 175   |
|                      | Exhibit A and provide the required            |
|                      | information.                                  |
+----------------------+-----------------------------------------------+

**Exhibit B -- Agreements with Other Parties/Joint Bidding
Arrangements:** Applicants must attach an exhibit identifying all
parties with which they have entered into any agreements, arrangements
or understandings which relate in any way to the licenses being
auctioned, including any relating to the post-auction market structure.
*See* 47 C.F.R. §1.2105(a)(2)(viii).

Be aware that pursuant to Certification (4) on the FCC Form 175, the
applicant certifies that it will not enter into any explicit or implicit
agreements or understandings of any kind with parties not identified in
the application regarding bid amounts, bidding strategies, or the
particular licenses on which the applicant will or will not bid. *See*
47 C.F.R. § 1.2105(a)(2)(ix). *To prevent collusion, the Commission\'s
Rules generally prohibit competing applicants from communicating
concerning bids, bidding strategies, or settlements during the period
between the initial short-form applications filing deadline and the
deadline for down payments on licenses won in the auction.* 47 C.F.R. §
1.2105(c).

**Exhibit C --Status as a Small Business**: Applicants claiming status
as a small business must attach an exhibit providing the following
information regarding this status.

+----------------------+--------------------+-------------------------+
| ***Entity***         | ***Required        |                         |
|                      | Information***     |                         |
+======================+====================+=========================+
| Applicant            | Average annual     |                         |
|                      | gross revenues for |                         |
|                      | the preceding      |                         |
|                      | three years set    |                         |
|                      | forth *both        |                         |
|                      | separately*        |                         |
|                      | (*e.g.*, for each  |                         |
|                      | of the preceding   |                         |
|                      | three years        |                         |
|                      | individually) *and |                         |
|                      | in the aggregate*  |                         |
|                      | (for all of the    |                         |
|                      | preceding three    |                         |
|                      | years combined).   |                         |
|                      | Certification that |                         |
|                      | the average of the |                         |
|                      | aggregated annual  |                         |
|                      | gross revenues for |                         |
|                      | the preceding      |                         |
|                      | three years do not |                         |
|                      | exceed the         |                         |
|                      | required limit, or |                         |
|                      | providing average  |                         |
|                      | gross revenues for |                         |
|                      | the 3-year period  |                         |
|                      | without providing  |                         |
|                      | the gross revenues |                         |
|                      | for each of the    |                         |
|                      | preceding three    |                         |
|                      | years, is          |                         |
|                      | insufficient.      |                         |
+----------------------+--------------------+-------------------------+
| Applicant's          | Same information   |                         |
| Affiliates           | required as        |                         |
|                      | discussed above    |                         |
| *See* 47 CFR §§      |                    |                         |
| 1.2110, 1.2112       |                    |                         |
+----------------------+--------------------+-------------------------+
| Applicant's          | Same information   |                         |
| Controlling          | required as        |                         |
| Interests *See* 47   | discussed above    |                         |
| CFR §§ 1.2110,       |                    |                         |
| 1.2112.              |                    |                         |
+----------------------+--------------------+-------------------------+
|                      | *Example.* The     |                         |
|                      | applicant had      |                         |
|                      | gross revenues of  |                         |
|                      | \$500,000 in 1999, |                         |
|                      | \$1,000,000 in     |                         |
|                      | 2000, and          |                         |
|                      | \$3,000,000 in     |                         |
|                      | 2001, with average |                         |
|                      | gross revenues for |                         |
|                      | that time period   |                         |
|                      | of \$1,500,000.    |                         |
|                      | The applicant owns |                         |
|                      | 60% of Company A,  |                         |
|                      | making Company A   |                         |
|                      | an affiliate of    |                         |
|                      | the applicant      |                         |
|                      | under Section      |                         |
|                      | 1                  |                         |
|                      | .2110(c)(5)(i)(B). |                         |
|                      | Company B owns 52% |                         |
|                      | of the applicant,  |                         |
|                      | making Company B a |                         |
|                      | controlling        |                         |
|                      | interest of the    |                         |
|                      | applicant, as      |                         |
|                      | defined in Part    |                         |
|                      | II.D.3 of this     |                         |
|                      | public notice.     |                         |
|                      | Company B owns     |                         |
|                      | 100% of Company C, |                         |
|                      | making Company C   |                         |
|                      | an affiliate of    |                         |
|                      | the applicant's    |                         |
|                      | controlling        |                         |
|                      | interest, under    |                         |
|                      | Section            |                         |
|                      | 1                  |                         |
|                      | .2110(c)(5)(i)(C). |                         |
|                      | The applicant's    |                         |
|                      | Exhibit C would    |                         |
|                      | look like this:    |                         |
+----------------------+--------------------+-------------------------+
|                      | Applicant Name     |                         |
+----------------------+--------------------+-------------------------+
|                      | 1999 gross         | \$ 500,000              |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2000 gross         | \$ 1,000,000            |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2001 gross         | \$ 3,000,000            |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | Average gross      | \$ 1,500,000            |
|                      | revenues for the   |                         |
|                      | preceding 3 years  |                         |
+----------------------+--------------------+-------------------------+
|                      | Company A (an      |                         |
|                      | affiliate of the   |                         |
|                      | applicant)         |                         |
+----------------------+--------------------+-------------------------+
|                      | 1999 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2000 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2001 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | Average gross      | \$ enter amount         |
|                      | revenues for the   |                         |
|                      | preceding 3 years  |                         |
+----------------------+--------------------+-------------------------+
|                      | Company B (a       |                         |
|                      | controlling        |                         |
|                      | interest in the    |                         |
|                      | applicant)         |                         |
+----------------------+--------------------+-------------------------+
|                      | 1999 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2000 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2001 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | Average gross      | \$ enter amount         |
|                      | revenues for the   |                         |
|                      | preceding 3 years  |                         |
+----------------------+--------------------+-------------------------+
|                      | Company C (an      |                         |
|                      | affiliate of the   |                         |
|                      | applicant's        |                         |
|                      | controlling        |                         |
|                      | interest)          |                         |
+----------------------+--------------------+-------------------------+
|                      | 1999 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2000 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | 2001 gross         | \$ enter amount         |
|                      | revenues           |                         |
+----------------------+--------------------+-------------------------+
|                      | Average gross      | \$ enter amount         |
|                      | revenues for the   |                         |
|                      | preceding 3 years  |                         |
+----------------------+--------------------+-------------------------+

**NOTE:** Each member of an applicant that is applying to bid as a
consortium of small businesses must

provide this information and qualify for the claimed status.

**Exhibit D -- Information Required of All Applicants Regarding Prior
Defaults and Prior Delinquencies:** Each applicant must include as
Exhibit D a statement made under penalty of perjury indicating whether
or not the applicant, its affiliates, its controlling interests, or the
affiliates of its controlling interest have ever been in default on any
Commission licenses or have ever been delinquent on any non-tax debt
owed to any Federal agency. The applicant must provide such information
for itself, its affiliates, its controlling interests, and the
affiliates of its controlling interests as defined by Section 1.2110 of
the Commission's rules (as amended in the *Part 1 Fifth Report and
Order*).

**Exhibit E \-- Information Requested of Designated Entities:**
Applicants owned by minorities or women, as defined in 47 C.F.R. §
1.2110(c), or that are rural telephone companies, may attach an exhibit
regarding this status. This information, in conjunction with the
information requested on the FCC Form 175, will assist the Commission in
monitoring the participation of these "designated entities" in its
auctions.

**Exhibit F \-- Miscellaneous Information**: Applicants wishing to
submit additional information should include it in Exhibit F.

**Waivers:** Applicants requesting waiver of any rules must submit a
statement of reasons sufficient to justify the waiver sought. *See* 47
C.F.R. §§ 1.3, 1.925.

**Certifications:** Applicants should carefully read the list of
certifications on the FCC Form 175. These certifications help to ensure
a fair and competitive auction and require, among other things,
disclosure to the Commission of certain information on applicant
ownership and agreements or arrangements concerning the auction.
Submission of an FCC Form 175 application constitutes a representation
by the certifying official that he or she is an authorized
representative of the applicant, has read the form's instructions and
certifications, and that the contents of the application and its
attachments are true and correct. Submission of a false certification to
the Commission may result in penalties, including monetary forfeitures,
license forfeitures, ineligibility to participate in future auctions,
and/or criminal prosecution.

**Completeness:** Applicants must submit all information required by the
FCC Form 175 and by applicable rules. Failure to submit required
information by the resubmission date will result in dismissal of the
application and inability to participate in the auction. *See* 47 C.F.R.
§ 1.2105(b).

**NOTE: Applicants must press the "SUBMIT Application" button on the
"Submission" page to successfully submit their FCC Form 175.**

**Continuing Accuracy:** Each applicant is responsible for the
continuing accuracy and completeness of information furnished in the FCC
Form 175 and its exhibits. *See* 47 C.F.R. § 1.65. It is the FCC's
position that during the conduct of an auction, thirty business days
from a reportable change is a reasonable period of time. Applicants are
reminded that they consent to be audited in the certification section of
the FCC Form 175 (see certification item number 6).

Applicants are reminded that all information required in connection with
applications to participate in spectrum auctions is necessary to
determine the applicants' qualifications, and as such will be available
for public inspection. Required proprietary information may be redacted,
or confidentiality may be requested, following the procedures set forth
in 47 C.F.R. § 0.459. Such requests must be submitted by electronic mail
to the attention of Margaret Wiener, Chief, Auctions and Industry
Analysis Division, at the following address:
[auction48@fcc.gov](mailto:auction44@fcc.gov), in which case the
applicant must indicate in Exhibit F that it has filed a confidentiality
request. Because the required information bears on applicants'
qualifications, the FCC envisions that confidentiality requests will not
be routinely granted.

The electronic mail summarizing the changes must include a subject or
caption referring to Auction No. 48. The Bureau requests that parties
format any attachments to electronic mail as Adobe^®^ Acrobat^®^ (pdf)
or Microsoft^®^ Word documents.

**A separate copy of the letter should be faxed to the attention of
Kathryn Garland at (717) 338-2850.**

# Attachment E

AUCTION-SPECIFIC INSTRUCTIONS FOR

FCC REMITTANCE ADVICE (FCC FORM 159-February 2000 edition)

## Upfront Payments

The following information supplements the standard instructions for FCC
Form 159 (Revised 2/00), and is provided to help ensure correct
completion of FCC Form 159 for upfront payments for Auction No. 48.
Applicants need to complete FCC Form 159 carefully, since:

-   **Mistakes may affect their bidding eligibility; and**

-   **Lack of consistency between information set forth in FCC Form 159
    (Revised 2/00), FCC Form 175, long-form application, and
    correspondence about an application may cause processing delays.**

Therefore appropriate cross-references between the FCC Form 159
Remittance Advice and the FCC

Form 175 Short Form Application are described below:

Block

Number Required Information

> 1 LOCKBOX \# - Enter "358415"
>
> 2 Payer Name - Enter the name of the person or company making the
> payment.
>
> If the applicant itself is the payer, this entry would be the same as
> FCC Form 175.

3.  Total Amount Paid - Enter the amount of the upfront payment
    associated with the

4.  FCC Form 159 (Revised 2/00).

    8.  Street Address, City, State, ZIP Code - Enter the street mailing
        address (not Post Office box number) where mail should be sent
        to the payer. If the applicant is the payer, these entries would
        be the same as FCC Form 175 from the Applicant Information
        section.

> 9 Daytime Telephone Number - Enter the telephone number of a person
> knowledgeable about this upfront payment.
>
> 10 Country Code - For addresses outside the United States, enter the
> appropriate postal country code (available from the Mailing
> Requirements Department of the U.S. Postal Service).

11. Payer FRN -- Enter the payer's ten-digit FCC Registration Number
    (FRN)

> registered in the Commission Registration System (CORES).

12. Payer TIN -- Enter the payer's nine-digit Taxpayer Identification
    Number (TIN).

> 24A Payment Type Code - Enter "A48U"
>
> 25A Quantity - Enter the number "1"
>
> 26A Fee Due - Amount of Upfront Payment
>
> 27A Total Fee - Will be the same amount as 26A.
>
> 28A FCC Code 1 - Enter the number "48" (indicating Auction No. 48).

NOTES:

-   Do not use Remittance Advice (Continuation Sheet), FCC Form 159-C,
    for upfront payments.

-   If applicant is different from the payer, complete blocks 13 through
    22 for the applicant, using the same information shown on FCC
    Form 175. Otherwise leave them blank.

-   Since credit card payments will not be accepted for this auction,
    leave Section E blank.

## Winning Bidder Requirements, Down Payments and Final Payments

Specific information regarding down payments and final payments will be
included in a post-auction public notice announcing the winning bidders.

# ATTACHMENT F

SUMMARY LISTING OF DOCUMENTS FROM THE COMMISSION

AND THE WIRELESS TELECOMMUNICATIONS BUREAU

ADDRESSING APPLICATION OF THE ANTI‑COLLUSION RULES

## Commission Decisions:

*Second Report and Order* in PP Docket No. 93‑253, FCC 94‑61, 9 FCC Rcd.
2348, 2386‑2388 (1994), paragraphs 221‑226.

*Fifth Report and Order in* PP Docket No. 93‑253, FCC 94‑178, 9 FCC Rcd.
5532, 5570‑5571 (1994), paragraphs 91‑92.

*Fourth Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC
94‑264, 9 FCC Rcd. 6858, 6866‑6869 (1994), paragraphs 47‑60.

*Second Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC
94‑215, 9 FCC Rcd. 7245, 7253‑7255 (1994), paragraphs 48‑55.

*Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC 94‑295, 9
FCC Rcd. 7684, 7687‑7689 (1994), paragraphs 8‑12.

In re Commercial Realty St. Pete, *Notice of Apparent Liability for
Forfeiture,* 10 FCC Rcd. 4277 (1995), In re Commercial Realty St. Pete,
*Memorandum Opinion and Order,* 11 FCC Rcd. 15,374 (1996).

In re Applications of Mercury PCS II, LLC, *Notice of Apparent Liability
for Forfeiture,* 12 FCC Rcd. 17,970 (1997) (petition for partial
reconsideration pending).

Amendment of Part 1of 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,
FCC 97‑413, *Third Report and Order and Second Further Notice of
Proposed Rule Making,* 13 FCC Rcd. 374, 463‑469 (1997), paragraphs
155-­166.

In re Application of US West Communications, Inc., *Notice of Apparent
Liability for Forfeiture,*13 FCC Rcd 8286 (1998); In the Matter of
Notice of Apparent Liability for Forfeiture of US West Communications,
Inc., *Order*, FCC 99-90 (May 7, 1999).

In re Application of Western PCS BTA I Corporation, *Notice of Apparent
Liability for Forfeiture, FCC* 98‑42 (March 16, 1998); In the Matter of
Notice of Apparent Liability for Forfeiture of Western PCS BTA 1
Corporation, *Memorandum Opinion and Orde*r, 14 FCC Rcd 21571, 21577-78,
¶ 20 (rel. Dec. 13, 1999).

In the Matter of Amendment of Part 1 of the Commission's
Rules---Competitive Bidding Procedures, *Seventh Report and Order*, 16
FCC Rcd 17546 (2001).

## Wireless Telecommunications Bureau Decisions:

Amendment of Parts 21 and 74 of the Commission's rules with Regard to
Filing Procedures in the Multipoint Distribution Service and in the
Instructional Television Fixed Service, *Order,* 11 FCC Rcd. 9655
(Wireless Tel. Bur. 1995).

In re Applications of GWI PCS, Inc. For Authority to Construct and
Operate Broadband PCS Systems Operating on Frequency Block C,
*Memorandum Opinion and Order,* 12 FCC Rcd. 6441 (Wireless Tel. Bur.
1997).

In re Applications of Mercury PCS II, LLC, For Facilities in the
Broadband Personal Communications Services in the D, E, and F Blocks,
*Memorandum Opinion and Order on Reconsideration,* 12 FCC Rcd. 18,093
(Wireless Tel. Bur. 1997).

In the Matter of Applications of High Plains Wireless, L.P., For
Authority to Construct and Operate Broadband PCS Systems on Frequency
Blocks D, E, and F, *Memorandum Opinion and Order,* 12 FCC Rcd. 19,627
(Wireless Tel. Bur. 1997).

In the Matter of Applications of Mercury PCS II, LLC, For Authority to
Construct and Operate Broadband PCS Systems on Frequency Blocks D, E,
and F, *Memorandum Opinion and Order,* 13 FCC Rcd. 5756 (Wireless Tel.
Bur. 1997).

### Public Notices:

Wireless Telecommunications Bureau Clarifies Spectrum Auction
Anti‑Collusion Rules, *Public Notice,* 11 FCC Rcd. 9645 (1995).

FCC Staff Clarifies Application of Anti‑Collusion Rule to Broadband PCS
'C' Block Reauction, *Public Notice,* 11 FCC Rcd. 7031 (1996).

Wireless Telecommunications Bureau Provides Guidance on the
Anti‑Collusion Rule for D, E and F Block Bidders, *Public* *Notice,* 11
FCC Rcd. 10,134 (1996).

Wireless Telecommunications Bureau Responds to Questions About the Local
Multipoint Distribution Service Auction, *Public Notice*, DA 98-37 (rel.
January 9, 1998).

### Letters from the Office of General Counsel and the Wireless Telecommunications Bureau:

*Letter to Gary M. Epstein and James H. Barker from William E. Kennard,
General Counsel, Federal Communications Commission* (released October
25, 1994).

*Letter to Alan F. Ciamporcero from William E Kennard, General Counsel,
Federal Communications Commission* (released October 25, 1996).

*Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 1, 1994).

*Letter to Leonard J. Kennedy from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 14, 1994).

*Letter to Jonathan D. Blake and Robert J. Rini from Kathleen O'Brien
Ham, Chief, Auctions Division, Wireless Telecommunications Bureau,* DA
95‑2404 (released November 28, 1995).

*Letter to Mark Grady from Kathleen O'Brien Ham, Chief, Auctions
Division, Wireless Telecommunications Bureau,* 11 FCC Rcd. 10,895
(1996).

*Letter to David L. Nace mojester8*

*from Kathleen O'Brien Ham, Chief, Auctions Division, Wireless
Telecommunications Bureau,* 11 FCC Rcd. 11,363 (1996).

*Letter to Elliott J. Greenwald from Christopher J. Wright, General
Counsel, Federal Communications Commission* (released April 6, 1998).

*Letter to Robert Pettit, Wiley, Rein & Fielding from Margaret W.
Wiener, Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau*, DA 00-2905 (released December 26, 2000).

### Civil Actions Initiated by U.S. Department of Justice:

*U.S. v. Omnipoint Corp.,* Proposed Final Judgements and Competitive
Impact Statements, Department of Justice, 63 FR 65,228 (November 25,
1998).

"Justice Department Sues Three Firms Over FCC Auction Practices," *Press
Release, U.S.* Department of Justice (November 10, 1998).

Complaint, *U.S.* *v. Omnipoint Corp.,* No. 1:98CV02750 (D.D.C. November
10, 1998).

Complaint, *U.S. v.* *Mercury PCS II, L.L C.,* No. 1:98CV02751 (D.D.C.
November 10, 1998).

Complaint, *U.S. v. 21st Century Bidding Corp., No.* 1:98CV02752 (D.D.C.
November 10, 1998).

## How to Obtain Copies of the Anti-Collusion Decisions:  {#how-to-obtain-copies-of-the-anti-collusion-decisions .unnumbered}

## Many of the documents listed in this attachment can be retrieved from the following Commission web site: [**http://wireless.fcc.gov/auctions/anticollusion**](http://wireless.fcc.gov/auctions/anticollusion).  {#many-of-the-documents-listed-in-this-attachment-can-be-retrieved-from-the-following-commission-web-site-httpwireless.fcc.govauctionsanticollusion. .unnumbered}

## The documents may be located by using our search engine (select the link "search"). Documents retrieved from the web site are available in various formats including Word, WordPerfect, Acrobat Reader, Excel, and ASCII Text. To review a document in its entirety, including footnotes, it is necessary to access the document in WordPerfect, MS Word, or Acrobat Reader.  {#the-documents-may-be-located-by-using-our-search-engine-select-the-link-search.-documents-retrieved-from-the-web-site-are-available-in-various-formats-including-word-wordperfect-acrobat-reader-excel-and-ascii-text.-to-review-a-document-in-its-entirety-including-footnotes-it-is-necessary-to-access-the-document-in-wordperfect-ms-word-or-acrobat-reader. .unnumbered}

## Additionally, all of the documents can be ordered in hard copy for a fee from the Commission's contractor, Qualex International at (202) 863-2893 {#additionally-all-of-the-documents-can-be-ordered-in-hard-copy-for-a-fee-from-the-commissions-contractor-qualex-international-at-202-863-2893 .unnumbered}

# attachment g 

## ![](media/image2.wmf){width="6.39375in" height="4.017361111111111in"}DUE DILIGENCE LIST: PENDING PAGING SERVICES MATTERS FILED BEFORE 12/19/02 {#due-diligence-list-pending-paging-services-matters-filed-before-121902 .unnumbered}

##  {#section .unnumbered}

[^1]: Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251, §
    3002(a) (1997) (codified at 47 U.S.C. § 309(j)(4)(F)) ("Balanced
    Budget Act"). The Commission's authority to establish a reserve
    price or minimum opening bid is set forth in 47 C.F.R. § 1.2104(c)
    and (d).

[^2]: *See* "Auction of Licenses for the Lower and Upper Paging Bands
    Scheduled for May 13, 2003; Comment Sought on Reserve Prices or
    Minimum Opening Bids and Other Auction Procedures," *Public Notice*,
    DA 02-1441 (rel. November 7, 2002) ("*Auction No. 48 Comment Public
    Notice*").

[^3]: *See* Comments of Pacific Radio Engineering, filed November 11,
    2002 ("Pacific Radio Comments"), and Comments of Josephson
    Engineering, filed December 4, 2002 ("Josephson Comments"). In its
    comments, Josephson Engineering ("Josephson") suggests that winning
    bidders of licenses in the 43 MHz band be provided with either
    bidding credits or the ability to defer payment of their bids.
    Alternatively, Josephson suggests that we waive the Commission's
    requirement that licensees operate under developmental authority for
    two years (*see* 47 C.F.R. §22.411), or allow both one-way and
    two-way operations on the 43 MHz channels. Because the rules
    pertaining to bidding credits and payment of bid amounts, and the
    Part 22 Paging service rules, have been adopted by the Commission in
    its Part 1 and Part 22 rulemaking proceedings respectively, and were
    not a matter upon which the Bureau sought comment, the Bureau will
    not address them in this Public Notice. *See supra*, notes 4 & 6.

[^4]: Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems, Implementation of
    Section 309(j) of the Communications Act --- Competitive Bidding, WT
    Docket No 96-18, PP Docket No. 93-253, *Second Report and Order and
    Further Notice of Proposed Rulemaking*, 12 FCC Rcd 2732, 2786 (1997)
    ("*Paging Second Report and Order*"); *see* Revision of Part 22 and
    Part 90 of the Commission's Rules to Facilitate Future Development
    of Paging Systems, Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding, WT Docket No. 96-18, PR
    Docket No. 93-253, *Memorandum Opinion and Order on Reconsideration
    and Third Report and Order,* 14 FCC Rcd 10030, ¶¶ 1-117, 171-79
    (1999) ("*Second Paging Reconsideration Order*"); Revision of Part
    22 and Part 90 of the Commission's Rules to Facilitate Future
    Development of Paging Systems, Implementation of Section 309(j) of
    the Communications Act -- Competitive Bidding, WT Docket No. 96-18,
    PR Docket No. 93-253, *Memorandum Opinion and Order on
    Reconsideration and Third Report and Order,* 14 FCC Rcd 10030, ¶¶
    1-6, 118-179 (1999) ("*Paging Third Report and Order*").

[^5]: *See, generally, Paging Second Report and Order*.

[^6]: *See, generally, Paging Second Report and Order, Second Paging
    Reconsideration Order, and Paging Third Report and Order*.

[^7]: Amendment of Part 1 of the Commission's Rules---Competitive
    Bidding Procedures, WT Docket No. 97-82, *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
    (2000) (modified by Erratum, DA 00-2475 (rel. Nov. 3, 2000)) ("*Part
    1 Fifth Report and Order*") (recons. pending). The Commission has
    further amended Section 1.2105 of the Competitive Bidding Rules. 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) ("*Part 1* *Seventh Report and
    Order*"). *See infra* note 21. On February 8, 2002, the Commission
    further amended Section 1.2110 of the Competitive Bidding Rules.
    Amendment of Part 1 of the Commission's Rules -- Competitive Bidding
    Procedures, *Eighth Report and Order*, 17 FCC Rcd. 2962 (rel.
    February 13, 2002).      

[^8]: Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems, Implementation of
    Section 309(j) of the Communications Act -- Competitive Bidding, WT
    Docket No. 96-18, PP Docket No. 93-253, *Notice of Proposed
    Rulemaking*, 11 FCC Rcd 3108 (1996) ("*Paging Notice*").

[^9]: Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems, Implementation of
    Section 309(j) of the Communications Act -- Competitive Bidding, WT
    Docket No. 96-18, PP Docket No. 93-253, *First Report and Order*, 11
    FCC Rcd 16570 (1996) ("*Paging First Report and Order*").

[^10]: Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems, Implementation of
    Section 309(j) of the Communications Act -- Competitive Bidding, WT
    Docket No. 96-18, PP Docket No. 93-253, *Order on Reconsideration of
    First Report and Order*, 11 FCC Rcd 7409 (1996) ("*First Paging
    Reconsideration Order*").

[^11]: Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems, Implementation of
    Section 309(j) of the Communications Act -- Competitive Bidding, WT
    Docket No. 96-18, PP Docket No. 93-253, *Memorandum Opinion and
    Order on Reconsideration*, FCC 01-66 (rel. February 27, 2001)
    ("*Third Paging Reconsideration Order*").

[^12]: *See* Amendment of Part 1 of the Commission's Rules ---
    Competitive Bidding Procedures, WT Docket No. 97-82, *Order on
    Reconsideration of the Third Report and Order, Fifth Report and
    Order, and Fourth Further Notice of Proposed Rule Making*, FCC
    00-274 (rel. August 14, 2000) ("*Part 1 Fifth Report and Order*").

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

[^14]: *See id*., at 11978.

[^15]: *See* C.F.R. § 1.2104 (c)(3) and (4).

[^16]: *See* 47 C.F.R. § 1.2105(c).

[^17]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd. 9645
    (1995).

[^18]: *See* 47 C.F.R. § 1.65.

[^19]: The Commission amended Section 1.2105 to require auction
    applicants to report prohibited communications in writing to the
    Commission immediately, but in no case later than five business days
    after the communication occurs. *Part 1* *Seventh Report and Order*,
    16 FCC Rcd at 17555, ¶ 17.

[^20]: *Paging Second Report and Order* at ¶ 58 and *Second Paging
    Reconsideration Order* at ¶ 42-44; 47 C.F.R. § 22.503(I).

[^21]: *Second Paging Reconsideration Order* at ¶ 45.

[^22]: Canada Telecommunication: Coordination and Use of Radio
    Frequencies Above 30 Megacycles per Second, October 24, 1962, as
    amended, June 24, 1965, U.S.-Canada.

[^23]: *See* February 27, 1997 "Protocol Concerning Use of the 929-930
    MHz and 931-932 MHz Bands for Paging Services along the Common
    Border" with Mexico for paging services using 929-932 MHz spectrum
    within 120 kilometers (75 miles) of the common border; *see* *also*
    47 C.F.R. § 22.531(e).

[^24]: *See* 47 C.F.R**.** §§ 1.923(g), 1.924**.**

[^25]: *See* 47 C.F.R. § 1.2105.

[^26]: *See* 47 C.F.R. Ch. 1, Subpart I.

[^27]: *See* 47 C.F.R. §§ 1.1305-1.1319.

[^28]: 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*.

[^29]: 47 C.F.R. §§ 1.2105(a)(2)(viii), (c)(1).

[^30]: 47 C.F.R*.* § 1.2105(a)(2)(ix).

[^31]: *See* Section I.B.2 "Prohibition of Collusion," *supra*.

[^32]: *See* 47 C.F.R. § 1.2105(c)(4)(i), (ii).

[^33]: *See Paging Second Report and Order* at ¶ 118.

[^34]: *See Second Paging Reconsideration Order* at ¶ 98; *see also* 47
    C.F.R. §§ 1.2110, 22.217 and 22.223.

[^35]: *See* 47 C.F.R. §§ 1.2110(f), 22.217 and 22.223.

[^36]: *See* 47 C.F.R. §§ 1.2110(f), 22.217(a) and 22.223(b)(1)(ii). In
    the service specific rule making governing paging service licenses
    for sale in Auction No. 48, the Commission declined to adopt bidding
    credits for entities with attributable average gross revenues of
    more than \$15 million. *See Third Paging Reconsideration Order* at
    ¶¶ 10-12; *cf*. 47 C.F.R. § 1.2110(f)(2)(iii) (applicable rule in
    absence of service specific rules).

[^37]: *See* 47 C.F.R. §§ 1.2110(f), 22.217(a) and 22.223(b)(1)(i).

[^38]: The eligibility for small business preferences will be determined
    based on the attribution rules in effect at the short-form
    application deadline. *See* *Part 1 Fifth Report and Order*, 15 FCC
    Rcd at 15327, ¶ 67.

[^39]: *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15330, ¶ 78.

[^40]: The Bureau recently made conforming edits to service-specific
    competitive bidding rules and portions of the Part 1 general
    competitive bidding rules. Amendment of Parts 1, 21, 22, 24, 25, 26,
    27, 73, 74, 80, 90, 95, 100, and 101 of the Commission Rules --
    Competitive Bidding, *Order*, 17 FCC Rcd 6534 (2002). These rule
    modifications became effective on August 8, 2002.

[^41]: For further guidance on the issue of *de facto* control, see the
    Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(5); *see
    also* Ellis Thompson Corp., *Summary Decision of Administrative Law
    Judge Joseph Chachkin*, 10 FCC Rcd. 12554, 12555-56 (1994), in which
    the Commission identified the following factors used to determine
    control of a business: (1) use of facilities and equipment; (2)
    control of day-to-day operations; (3) control of policy decisions;
    (4) personnel responsibilities; (5) control of financial
    obligations; and (6) receipt of monies and profits; Intermountain
    Microwave, 12 FCC 2d. 559 (1963), and Application of Baker Creek
    Communications, L.P., for Authority to Construct and Operate Local
    Multipoint Distribution Services in Multiple Basic Trading Areas,
    *Memorandum Opinion and Order*, 13 FCC Rcd. 18709 (1998).

[^42]: *See* 47 C.F.R. §§ 1.2105, 22.217, and 22.223.

[^43]: 47 C.F.R. § 1.2105(a)(2)(x).

[^44]: 47 C.F.R. § 1.2105(a)(2)(xi).

[^45]: 47 C.F.R. § 1.2106(a).

[^46]: *See* 47 C.F.R. § 1.2105(a).

[^47]: *See* 47 C.F.R. § 1.2105. *See also* Two Way Radio of Carolina,
    Inc., *Memorandum, Opinion and Order*, 14 FCC Rcd. 12035 (1999).

[^48]: Amendment of Part 1 of the Commission's rules --- Competitive
    Bidding Proceeding, WT Docket No. 97-82, *Order, Memorandum Opinion
    and Order and Notice of Proposed Rule Making*, 12 FCC Rcd. 5686,
    5697-5698, ¶ 16 (1997) ("*Part 1 Order"*).

[^49]: *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15316-17, ¶¶
    40-42; 47 C.F.R. § 1.2106(a); *see* 47 C.F.R. §§1.2105(a)(2)(xi)

[^50]: *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15316-17, ¶¶
    40-42.

[^51]: *See Auction No. 48 Comment Public Notice* at 5.

[^52]: *See Auction No. 48 Comment Public Notice* at 5.

[^53]: *Auction No. 48 Comment Public Notice* at 4.

[^54]: *Id*. at 5.

[^55]: *Id*. at 5.

[^56]: *Id*. at 5.

[^57]: When monitoring activity for determining when to change stages,
    we may consider the percentage of bidding units of the licenses
    receiving new high bids, excluding any FCC-held licenses.

[^58]: *Id*. at 7.

[^59]: *Id.* at 13.

[^60]: *Id.* at 14.

[^61]: *Id*. at 7.

[^62]: *See* Balanced Budget Act, section 3002(a), 47 U.S.C. §
    309(j)(4)(F).

[^63]: *See* *Part 1 Third Report and Order*, 13 FCC Rcd 374, 455-456 ¶
    141 (1997)*.*

[^64]: *Id*.

[^65]: *Id*.

[^66]: *Auction No. 48 Comment Public Notice* at 8-9.

[^67]: *Id*. at 9.

[^68]: *See* Pacific Radio Comments at 2.

[^69]: *See* 47 C.F.R. § 1.1102.

[^70]: *See* 47 C.F.R. § 1.1107(c).

[^71]: 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.

[^72]: *Auction No. 48 Comment Public Notice* at 10-11.

[^73]: Bidders must have sufficient eligibility to place a bid on the
    particular license. *See* Section III.D.3 "Amount of Upfront
    Payment," *infra*.

[^74]: *See* Section IV.B.6 "Bid Removal and Bid Withdrawal," *infra*.

[^75]: *Auction No. 48 Comment Public Notice* at 12-13.

[^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.

[^78]: *See* *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15302, ¶ 15;
    47 C.F.R. § 1.2104(g)(1).

[^79]: *See Part 1 Fifth Report and Order*, 15 FCC Rcd at 15302, ¶ 15.

[^80]: 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 4042 (2000).

[^81]: *Id. See also* Qualcomm, Inc. Petition for Waiver of Certain
    Terms and Conditions of its Auction Discount Voucher, *Order*, FCC
    02-321, WT Docket No. 02-234 (WTB, rel. Nov. 27, 2002).

[^82]: *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 Upon Full and Timely Payment, Auction Event No. 35,
    DA 01-2071, *Public Notice*, 16 FCC Rcd 16,025 (2001). All of the
    terms and conditions applicable to Qualcomm's use of the ADV shall
    apply to its use by a transferee, except that a transferee may not
    transfer the ADV to an entity other than back to Qualcomm. *See* 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 4042 (2000); *see also* Letter
    from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau,
    Federal Communications Commission, to Veronica M. Ahern, Attorney
    for Qualcomm Incorporated (December 22, 2000).

[^83]: *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
    Telecommunications Bureau Announces Availability of Bidding Credits
    For Providing Wireless Services To Qualifying Tribal Lands, *Public
    Notice*, 15 FCC Rcd 18351 (2000); Wireless Telecommunications Bureau
    Releases 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).

[^84]: *See* 47 C.F.R. § 1.2109(b) and (c).

[^85]: *See* 47 C.F.R. § 1.2109(d).