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

**FEDERAL COMMUNICATIONS COMMISSION** News Media Information: (202)
418-0500

**445 12th STREET, S.W.** Fax-On-Demand: (202) 418-2830

# WASHINGTON, D.C. 20554 Internet: [http://www.fcc.gov](http://www.fcc.gov/)

# ftp.fcc.gov

####### DA 00-1639

**July 24, 2000**

#### AUCTION OF LICENSES FOR

#### 800 MHz SPECIALIZED MOBILE RADIO (SMR) SERVICES 

#### IN THE GENERAL CATEGORY BAND (851-854 MHz)

####  AND UPPER BAND (861-865 MHz)

###### Status of FCC Form 175 Applications to Participate in the Auction

**Report No. AUC-34-E (Auction No. 34)**

The Federal Communications Commission (\"FCC\") has received 31 FCC Form
175 applications to participate in Auction No. 34 scheduled to begin on
Wednesday, August 16, 2000, for 1,053 licenses in the 800 MHz Band. The
applications have been reviewed for completeness and compliance with the
Commission\'s rules, and have been classified into the following
categories:

**ACCEPTED FOR
FILING\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.... 12
Applications**

**INCOMPLETE\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
19 Applications**

**Accepted:** Applications accepted for filing are listed in Attachment
A. **These applicants will become qualified bidders upon receipt of the
required upfront payment due by 6:00 p.m. ET on Monday, July 31,
2000.**[^1] With respect to the FCC Form 175 applications, these
applicants need take no further action except as may be necessary to
maintain the accuracy of their applications.[^2] Also, applicants are
advised that Attachment A includes FCC account numbers that were
automatically created by the FCC software system for each applicant, and
which are applicable for bidding only.

**Incomplete:** Applications found to be incomplete are listed
alphabetically in Attachment B. Applicants whose FCC Form 175
applications have been deemed incomplete will receive overnight
correspondence indicating what information is required to make the
applications acceptable for filing. **These applicants may become
qualified bidders only if they: (1) resubmit their applications by 6:00
p.m. ET on Monday, July 31, 2000, to correct the minor deficiencies
indicated; and (2) make the required upfront payments by 6:00 p.m. ET on
Monday, July 31, 2000.** Applicants must also maintain the accuracy of
their FCC Form 175 applications as required by the Commission's
rules.[^3] In addition, applicants are advised that Attachment B
includes FCC account numbers that were automatically created by the FCC
software system for each applicant. These account numbers are applicable
for bidding purposes only, should the applicant become eligible to
participate in Auction No. 34.

The filing window for resubmitting FCC Form 175 applications is now
open. Corrected applications must be filed no later than **6:00 p.m. ET
on Monday, July 31, 2000.** This will be the only opportunity to cure
FCC Form 175 defects; late resubmissions will not be accepted. In
addition, if an application remains incomplete or otherwise deficient
after the resubmission deadline has passed, the application will be
rejected.

### UPFRONT PAYMENT DEADLINE

Upfront payments and accompanying FCC Remittance Advice (FCC Form 159)
for Auction No. 34 are due at Mellon Bank, Pittsburgh, Pennsylvania,
**by 6:00 p.m. ET on Monday, July 31, 2000.** Payments must be made by
wire transfer and applicants must include their Taxpayer Identification
Numbers (TIN). No other payment method is acceptable for this
auction.[^4] **Applicants are reminded to use their TIN and not their
FCC Account Numbers on the FCC Remittance Advice (FCC Form 159).**

**Applicants that have filed applications deemed to be incomplete, as
noted in this public notice, must submit timely and sufficient upfront
payments before the Commission will review their resubmitted
applications.** If such an application remains incomplete following its
resubmission, the application will be dismissed. If the applicant has
provided its Taxpayer Identification Number (TIN) and wire transfer
instructions, the upfront payment will be refunded automatically.

### OTHER IMPORTANT INFORMATION

**Internet Access and Filing:** Effective Monday, July 17, 2000, the
Bureau permitted the filing of FCC Form 175 via the Internet. As a
result, two of the attachments previously provided in the *Auction No.
34 Announcing Public Notice* have been updated.[^5] Specifically, the
Bureau has amended Attachment C and Attachment H. The amended
attachments are included in this public notice as Attachment C and D.

**Qualified Bidders:** Approximately one week after upfront payments
have been received, resubmitted FCC Form 175 applications have been
processed and reviewed, and payments and applications have been
correlated, a public notice listing all applicants qualified to bid in
the auction will be released. The same public notice will also include
instructions on how to access the auction tracking tool software, a
bidding schedule for the Mock auction, and the bidding schedule for the
first day of the auction.

**Prohibition of Collusion:** Bidders are reminded that Section
1.2105(c) of the Commission\'s Rules prohibits applicants for the same
geographic license area from communicating with each other during the
auction about bids, bidding strategies, or settlements unless they have
identified each other as parties with whom they have entered into
agreements under Section 1.2105(a)(2)(viii). For Auction No. 34, this
prohibition became effective at the filing deadline of short-form
applications on Monday, July 17, 2000, and will end on the post-auction
down payment due date. The post-auction down payment due date will be
announced in a future public notice. If parties had agreed in principle
on all material terms, those parties must have been identified on the
short-form application under Section 1.2105(c), even if the agreement
had not been reduced to writing. If parties had not agreed in principle
by the filing deadline, an applicant should not have included the names
of those parties on its application, and must not have continued
negotiations with other applicants for licenses in the same geographic
area.[^6] For further details regarding the prohibition against
collusion refer to the *Auction No. 34 Announcing Public Notice.*

In addition, applicants are reminded that they are subject to the
antitrust laws, which are designed to prevent anti-competitive behavior
in the marketplace. Winning bidders will be required to disclose in
their long-form applications the specific terms, conditions and parties
involved in all bidding consortia, joint ventures, partnerships, and
other arrangements entered into relating to the competitive bidding
process. Bidders found to have violated the anti-collusion rule may be
subject to sanctions.[^7]

**Ex Parte Rule:** Applicants should also be aware that the Commission
has generally exempted auction proceedings from the strict requirements
of the *ex parte* rule found in Section 1.2108[^8] of the Commission's
rules.[^9]

**Mock Auction:** All applicants found to be qualified bidders are
eligible to participate in a mock electronic auction on **Monday, August
14, 2000**. In the *Qualified Bidders Public Notice*, the Bureau will
announce when software for the mock auction will be posted on the World
Wide Web.

**Remote Bidding Software:** Applicants are reminded that qualified
bidders are eligible to bid either electronically or telephonically. To
bid electronically, applicants should complete the software order form
included in the *Auction No. 34 Announcing Public Notice* or contact the
Auctions Hotline at (717) 338-2888. To ensure timely delivery of remote
bidding software before the auction begins, the Commission requests
receipt of software orders by **5:30 p.m. ET on** **Tuesday, August 1,
2000**. The minimum hardware and software specifications required for
the FCC remote bidding system are listed below:

-   CPU: Intel ® Pentium or above

-   RAM: 16 MB (more recommended if you have multiple applications open)

-   Hard Disk: 33 MB available disk space

-   1.44 MB Floppy Drive or CD-ROM Drive (to install the Remote Bidding
    System)

-   Modem: v.32bis 28.8 kbps Hayes© compatible modem (56.6 kbps
    recommended)

-   Monitor: VGA or above

-   Mouse or other pointing device

-   Microsoft® Windows™ 95™ or 98™

-   We recommend that you use Netscape® Communicator™ 4.73. However, you
    can also use Netscape Communicator 4.7 or 4.72.

> To download Netscape Communicator 4.73 free of charge, access the
> Netscape download site at http://home.netscape.com/download/

**Note:** The FCC Remote Bidding System has not been tested in a
Macintosh, OS/2, or Windows NT™ environment. Therefore, the FCC will not
support operating systems other than Microsoft Windows 95 or 98. This
includes any other emulated Windows environment.

**Long-Form Applications:** All applicants should be aware that at the
long-form application stage, they will be subject to the more extensive
reporting requirements contained in the Commission\'s Part 1 ownership
disclosure rule.[^10]

**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.
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.

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 may also call the FCC National Call Center at (888)
CALL-FCC ((888) 225-5322).

\* \* \* \* \*

For questions about payment or instructions for wiring upfront payments,
contact Gail Glasser or Michelle Bennett, Auctions Accounting Group, at
(202) 418-1995.

For specific questions about an applicant\'s incomplete status, the
applicant should contact the staff attorney identified in the
correspondence sent to the applicant by overnight mail.

For additional information, contact: M. Nicole Oden, Auctions Legal
Branch at (202) 418-0660 (regarding legal questions); Linda Sanderson,
Auctions Operations (regarding bidding and general filing status) or Bob
Reagle, Analyst, Auctions Operations (regarding bidding) at (717)
338-2888.

-   **FCC --**

[^1]: ^?^ See 47 C.F.R. § 1.2106.

[^2]: ^?^ See 47 C.F.R. § 1.65.

[^3]: Id.

[^4]: ^?^ Id.

[^5]: See \"Auction of Licenses for 800 MHz Specialized Mobile Radio
    (SMR) Service in the General Category Band (851-854 MHz) and Upper
    Band (861-865 MHz); Auction Notice and Filing Requirements for 1,053
    Licenses in the 800 MHz SMR Service for the General Category
    Auction; Auction Rescheduled from August 23, 2000 to August 16,
    2000; Minimum Opening Bids and Other Procedural Issues,\" Public
    Notice, DA 00-1100 (rel. May 18, 2000) ("Auction No. 34 Announcing
    Public Notice") for detailed remittance and upfront payment
    information. This and other documents are available on the FCC
    website at: **http://www.fcc.gov/wtb/auctions**.

[^6]: "Wireless Telecommunications Bureau Clarifies Spectrum Auction
    Anti-Collusion Rules," Public Notice, DA 95-2244 (rel. October 26,
    1995), 11 FCC Rcd 9645 (1995).

[^7]: See 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^8]: 47 C.F.R. §1.2108.

[^9]: See 47 C.F.R. §1.202(d) note (1); see also "Commission Announces
    that Mutually Exclusive 'Short-Form' Applications (Form 175) to
    Participate in Competitive Bidding Process ('Auctions') Are Treated
    as Exempt for Ex Parte Purposes," Public Notice, 9 FCC Rcd 6760
    (1994).

[^10]: ^?^ See 47 C.F.R. § 1.2112(b).