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

**Federal Communications Commission** **News Media Information: (202)
418-0500**

**445 12^th^ Street, S.W. Internet:
[http://www.fcc.gov](http://www.fcc.gov/)**

# Washington, D.C. 20554 TTY: 1-888-835-5322

#######  DA 05-1694

####### June 22, 2005

**AUCTION OF LOWER 700 MHz BAND LICENSES**

###### Status of FCC Form 175 Applications to Participate in Auction No. 60

**Report No. AUC-05-60-F (Auction No. 60)**

The Federal Communications Commission ("Commission") has received nine
short-form applications (FCC Form 175) to participate in the upcoming
auction of five licenses in the Lower 700 MHz band C block
(710-716/740-746 MHz) scheduled to begin on Wednesday, July 20, 2005
(Auction No. 60). The applications have been reviewed for completeness
and compliance with the Commission's rules, and have been classified
into the categories listed below.

**[Application Categories]{.underline}:**

**ACCEPTED FOR FILING 4 applications**

**INCOMPLETE 5 applications**

**Accepted:** Applications accepted for filing are listed alphabetically
in Attachment A. **These applicants will become qualified bidders upon
receipt of the required upfront payment due by 6:00 p.m. Eastern Time
(ET) on June 30, 2005.**[^1] With respect to the FCC Form 175
application, these applicants need take no further action except as may
be necessary to maintain the accuracy of their applications.[^2]
Attachment A also indicates the licenses selected by each such applicant
on its FCC Form 175 filing.

**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) make the required upfront payments
by 6:00 p.m. ET on Thursday, June 30, 2005; and (2) resubmit their
applications by 6:00 p.m. ET on Thursday, June 30, 2005, having
corrected the deficiencies indicated.** Applicants also must maintain
the accuracy of their FCC Form 175 applications as required by the
Commission's rules.[^3]

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 Thursday, June 30, 2005.** 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
dismissed.

### UPFRONT PAYMENT DEADLINE

Upfront payments and accompanying FCC Remittance Advice (FCC Form 159)
for Auction No. 60 are due in the proper account at Mellon Bank,
Pittsburgh, Pennsylvania, **no later than 6:00 p.m. ET on Thursday, June
30, 2005.** **In order to meet the Commission's upfront payment
deadline, an applicant's payment must be credited to the Commission's
account by the deadline.**[^4] Payments must be made by wire transfer in
accordance with the instructions provided in the *Auction No. 60
Procedures Public Notice*.[^5] No other payment method is acceptable for
this auction. Applicants are reminded to provide their FCC Registration
Number ("FRN") on the FCC Form 159. Applicants must fax a completed FCC
Form 159 (revised February 2003) 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).

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 submitted applications.
**If no upfront payment is made, or the application remains incomplete
following its resubmission, the application will be dismissed.** If the
applicant has provided its FRN [and]{.underline} wire transfer
instructions from the payor of record, any upfront payment made prior to
dismissal will be refunded in a timely manner upon request.

**Applicants are responsible for obtaining confirmation from their
financial institution that Mellon Bank has timely received their upfront
payment and deposited it in the proper account.** We remind applicants
that to avoid untimely upfront payments they should discuss arrangements
(including transfer times and bank closing schedules) with their
financial institution several days before making the wire transfer, and
allow sufficient time for the transfer to be initiated and completed
before the deadline. Detailed information regarding upfront payments
including additional requirements for "former defaulters" can be found
in the *Auction No. 60 Procedures Public Notice* under Section II.F and
Section III.E.[^6]

**Note:** Applicants are reminded to submit the same FRN with all future
payments.

### OTHER IMPORTANT INFORMATION

**Qualified Bidders:** Approximately two weeks after the upfront payment
deadline, following Commission review of resubmitted FCC Form 175
applications, and correlation of payments and applications, a public
notice listing all applicants qualified to bid in the auction will be
released (Qualified Bidders Public Notice). The same public notice will
also include instructions for participating in the mock auction and
bidding schedules for both the mock auction and the first day of the
auction.

**Due Diligence:** Potential bidders are reminded that they are solely
responsible for investigating and evaluating all technical and
marketplace factors that may have a bearing on the value of the licenses
being offered in this auction. The FCC makes no representations or
warranties about the use of this spectrum for particular services.
Potential bidders are strongly encouraged to conduct their own research
prior to Auction No. 60 in order to determine the existence of pending
proceedings that might affect their decisions regarding participation in
the auction. Participants in Auction No. 60 are strongly encouraged to
continue such research during the auction. For further details regarding
due diligence, please refer to the *Auction No. 60 Procedures Public
Notice* under Section I.B.4 and Auction No. 60 Due Diligence
Announcement for the Upcoming Auction of Licenses in the Lower 700 MHz
Band Scheduled for July 20, 2005, *Public Notice*, DA 05-1554 (June 3,
2005).

**Prohibition of Collusion:** Applicants are reminded that Sections
1.2105(c) of the Commission's rules prohibits applicants for any of the
same geographic license areas from communicating with each other during
the auction about bids, bidding strategies, or settlements unless they
have identified each other as parties with which they have entered into
agreements under Section 1.2105(a)(2)(viii).[^7] For Auction No. 60,
this prohibition became effective at the short-form application filing
deadline on Friday, June 3, 2005, and will end on the post-auction down
payment deadline, which will be announced in a future public notice.[^8]
**This prohibition applies to all applicants regardless of whether such
applicants become qualified bidders or actually bid.**[^9] For purposes
of this prohibition, Section 1.2105(c)(7)(i) defines applicant as
including all controlling interests in the entity submitting a
short-form application to participate in the auction, as well as all
holders of partnership and other ownership interests and any stock
interest amounting to 10 percent or more of the entity, or outstanding
stock, or outstanding voting stock of the entity submitting a short-form
application, and all officers and directors of that entity.[^10] If
parties had agreed in principle on all material terms of a bidding
agreement(s), those parties must have been identified on the short-form
application under Section 1.2105(c), even if the agreement had not been
reduced to writing. If parties had not agreed in principle by the filing
deadline, an applicant should not have included the names of those
parties on its application, and must not have continued
negotiations.[^11]

Bidders competing for licenses for any of the same designated markets
must not communicate indirectly about bids or bidding strategy.[^12]
Accordingly, such bidders 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. Also, if the authorized bidders
are different individuals employed by the same organization (e.g., law
firm or consulting firm), a violation could likewise occur. 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 Bureaus caution
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]

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.[^15] Thus, Section 1.65 requires auction applicants
that engage in communications of bids or bidding strategies that result
in a bidding agreement, arrangement, or understanding not already
identified on their short-form applications to promptly disclose any
such agreement, arrangement, or understanding to the Commission by
amending their pending applications. In addition, Section 1.2105(c)(6)
requires all auction applicants to report prohibited discussions or
disclosures regarding bids or bidding strategy to the Commission in
writing immediately, but in no case later than five business days after
the communication occurs, even if the communication does not result in
an agreement or understanding regarding bids or bidding strategy that
must be reported under Section 1.65.[^16]

Applicants that are winning bidders will be required to disclose in
their long-form applications the specific terms, conditions, and parties
involved in all bidding consortia, joint ventures, partnerships, and
other arrangements entered into relating to the competitive bidding
process.[^17] Any applicant found to have violated the anti-collusion
rule may be subject to sanctions.[^18] In addition, applicants are
reminded that they are subject to the antitrust laws, which are designed
to prevent anti-competitive behavior in the marketplace. If an applicant
is found to have violated the antitrust laws in connection with its
participation in the competitive bidding process, it may be subject to
forfeiture of its upfront payment, down payment, or full bid amount and
may be prohibited from participating in future auctions.[^19]

***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 1.1208 of the Commission's
rules.[^20]

**Mock Auction:** All applicants found to be qualified bidders will be
eligible to participate in a mock auction on Monday, July 18, 2005. We
encourage all qualified bidders to take advantage of this mock auction
to become familiar with the FCC's Integrated Spectrum Auction System
("FCC Auction System" or "ISAS").[^21] In the public notice announcing
the qualified bidders, the Bureau will announce the bidding schedule for
the mock auction and give details about participation. The mock auction
will be conducted over the Internet, and telephonic bidding will be
available as well.

**Electronic Bidding:** Applicants are reminded that qualified bidders
are eligible to bid either electronically or telephonically. Applicants
should specify their bidding preference on the FCC Form 175.

Bidders can access the FCC Auction System over the Internet. Access to
the system via the Internet requires, at a minimum, the following
software:

-   Web Browser, either of the following:

```{=html}
<!-- -->
```
-   Microsoft® Internet Explorer 6.0 or higher (recommended). Your
    browser must have either Microsoft VM or Java Plug-In Version
    1.4.1_02 installed.

-   Netscape® Communicator™ 6.0 or higher, with Java Plug-In Version
    1.4.1_02.

> **Other browsers are not supported.**
>
> Java Plug-In Version 1.4.1_02 is available for downloading at
> [***http://java.sun.com/products/archive/j2se/1.4.1_02/index.html***](http://java.sun.com/products/archive/j2se/1.4.1_02/index.html)
> (choose the JRE version).

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

**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.[^22]

**CONTACT INFORMATION**

For questions about payment or instructions for wiring upfront payments,
contact Gail Glasser, Auctions Accounting Group, at (202) 418-0578.

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

For technical assistance with using the FCC Auction System, contact the
FCC Technical Support Hotline at (877) 480-3201, option 9; (202)
414‑1250; or (202) 414-1255 (TTY). The FCC Technical Support Hotline is
generally available Monday through Friday from 8:00 a.m. to 6:00 p.m.
ET. All calls to the FCC Technical Support Hotline are recorded.

For further information concerning this proceeding, contact:

Auctions and Spectrum Access Division, WTB:

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

For bidding and auction procedures questions: Roy Knowles at (717)
338-2888

For bidding and general filing status questions: Lisa Stover at (717)
338-2888

Mobility Division, WTB:

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

**- FCC -**

[^1]: *See* 47 C.F.R. § 1.2106.

[^2]: *See* 47 C.F.R. § 1.65. *See also* "Auction of Lower 700 MHz Band
    Licenses Scheduled for July 20, 2005, Notice and Filing
    Requirements, Minimum Opening Bids, Upfront Payments and Other
    Auction Procedures," *Public Notice*, DA 05-737, at 4 (March 22,
    2005) ("*Auction No. 60 Procedures Public Notice"*).

[^3]: *See* 47 C.F.R. §§ 1.65 (an applicant shall maintain the accuracy
    and completeness of information furnished in its pending application
    and notify the Commission within 30 days of any substantial change
    that may be of decisional significance to that application),
    1.2105(c)(6) (any applicant that makes or receives a prohibited
    communication shall report such communication in writing to the
    Commission no later than five business days after the communication
    occurs).

[^4]: *See* Letter from Margaret W. Wiener, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, to Patrick
    Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18
    FCC Rcd 11552 (WTB-AIAD 2003).

[^5]: *See Auction No. 60 Procedures Public Notice* at 18-19.

[^6]: *Auction No. 60 Procedures Public Notice* at 15-16, 18-21.

[^7]: 47 C.F.R. §§ 1.2105(a)(2)(viii) 1.2105(c)(1). *See also* Amendment
    of Part 1 of the Commission's Rules --- Competitive Bidding
    Procedures, *Seventh Report and Order*, 16 FCC Rcd 17546 (2001)
    (*Part 1 Seventh Report and Order*); Amendment of Part 1 of the
    Commission's Rules --- Competitive Bidding Procedures, *Order on
    Reconsideration of the Third Report and Order*, *Fifth Report and
    Order*, *and Fourth Further Notice of Proposed Rule Making*, 15 FCC
    Rcd 15293, 15297-98 ¶¶ 7-8 (2000).

[^8]: 47 C.F.R. § 1.2105(c)(1).

[^9]: *See, e.g.,* Letter to Robert Pettit, Esquire, from Margaret W.
    Wiener, Chief, Auctions and Industry Analysis Division, Wireless
    Telecommunications Bureau, Federal Communications Commission, 16 FCC
    Rcd 10080 (WTB-AIAD 2000) (declining to except an applicant's
    controlling interest from coverage by the anti-collusion rule, even
    though the applicant never made an upfront payment for the auction
    and was not listed as a qualified bidder); Northeast Communications
    of Wisconsin, LLC, *Forfeiture Order*, 19 FCC Rcd 18635 (Enf. Bur.
    2004) (imposing forfeiture in the amount of \$100,000 for violation
    of the anti-collusion rule, even though the applicant never made an
    upfront payment for the auction and was not listed as a qualified
    bidder).

[^10]: 47 C.F.R. § 1.2105(c)(7)(i).

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

[^12]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶ 6.

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

[^14]: *Id*., 13 FCC Rcd at 11978 ¶ 13.

[^15]: 47 C.F.R. § 1.65.

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

[^17]: 47 C.F.R. § 1.2107(d).

[^18]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^19]: 47 C.F.R. § 1.2109(d).

[^20]: 47 C.F.R. § 1.1208. *See* "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).

[^21]: For additional information regarding the FCC's Integrated
    Spectrum Auction System, including sample screen shots, visit the
    "About ISAS" web page at
    [http://wireless.fcc.gov/auctions/about_isas](http://wireless.fcc.gov/auctions/default.htm?job=about_isas).

[^22]: *See* 47 C.F.R. § 1.2112(b)(2).