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

Scott P. Alderman

Western PCS BTA I Corporation

2001 NW Sammamish Road, No. 100

Issaquah, WA 98027

Doane F. Kiechel

Guman, Blask & Freedman

1400 Sixteenth Street, N.W.

Suite 500

Washington, D.C. 20036

**[Re: Final Bid Withdrawal Payment For Auction No. 11]{.underline}**

Dear Mssrs. Alderman and Baumbaugh:

Western PCS BTA I Corporation ("Western"), a participant in Auction No.
11,[^1] withdrew high bids on licenses BTA 166E, BTA 199E and BTA 301E
in that auction.[^2] Auction No. 22, the subsequent auction for the
licenses on which Western withdrew high bids in Auction No. 11, has
closed.[^3] Therefore, in accordance with the Commission's rules, we are
now able to calculate Western's final bid withdrawal payment obligations
for these bid withdrawals.

Under the Commission's rules, a bidder that withdraws a high bid during
the course of an auction is subject to a bid withdrawal payment equal to
the difference between the amount of the withdrawn bid and the amount of
the subsequent winning bid.[^4] If a high bid is withdrawn on a license
that remains unsold at the close of the auction, the withdrawing bidder
will be required to make an interim payment equal to three percent (3%)
of the net amount of the withdrawn bid.[^5] This payment amount is
deducted from any up-front payments or down payments deposited for this
bidder's account with the Commission.[^6] If, in a subsequent auction,
that license receives a winning bid in an amount equal to or greater
than the withdrawn bid amount, then no final bid withdrawal payment will
be assessed, and, upon appropriate request, the Commission will refund
the interim three percent (3%) payment.[^7] If in a subsequent auction,
the winning bid for that license is less than the bidder's withdrawn
amount, then the bidder will be required to make a final bid withdrawal
payment equal to either the difference between the bidder's net
withdrawn bid and the subsequent net winning bid, or the difference
between the bidder's gross withdrawn bid and the subsequent gross
winning bid, whichever is less.[^8]

With respect to Western's bid withdrawals during Auction No. 11 on
Licenses BTA 166E, BTA 199E, and BTA 301E, because these three licenses
were sold at Auction No. 22 the Commission is now able to assess the
full amount of the final bid withdrawal payment for each license. As
shown in Attachment A, in Auction No. 22 the winning bid of \$43,000 for
license BTA 166E was less than Western's withdrawn bid of \$374,381, the
winning bid of \$6,144 for license BTA 199E was less than Western's
withdrawn bid of \$60,500, and the winning bid of \$17,000 for license
BTA 301E was less than Western's withdrawn bid of \$96,000.[^9] In
accordance with Section 1.2104(g)(1) of the Commission's rules, Western
is assessed a final bid withdrawal payment of \$331,381 in connection
with license BTA 166E, a final bid withdrawal payment of \$54,356 in
connection with license BEA 199E, and a final bid withdrawal payment of
\$79,000 in connection with license BEA 301E.[^10] Because these three
licenses were unsold at the close of Auction No. 11, interim bid
withdrawal payments equal to three percent of the withdrawn bids were
deducted from any upfront payments or down payments deposited for
Western's account with the Commission. The cumulative sum of these
interim bid withdrawal payments is \$15,926. Therefore, in accordance
with Section 1.2104(g)(1) of the Commission's rules, after applying the
interim bid withdrawal payments totaling \$15,926 to its final bid
withdrawal payment obligation of \$464,737, Western owes an outstanding
balance of \$448,811 in connection with these three licenses, on which
Western withdrew high bids during Auction No. 11.

Western is in debt to the United States in the amount of \$448,811,
payable in full, immediately, and without further demand. As permitted
under 31 U.S.C. § 3717, the debt is subject to interest, penalties, and
administrative costs, and interest accrues from the date of this letter,
which is also its mailing date. Western, the debtor, may avoid payment
of the interest if it tenders to the Commission full payment within 30
days of the date of the letter. Moreover, the debt is subject to an
additional charge to cover the cost of processing and handling of
delinquent debts, and a penalty charge in the amount permitted by law.
The penalty charge for delinquent debt payments permitted by 31 U.S.C. §
3717 currently is 6 percent per year for the failure to pay any part of
the debt more than 90 days past due.

**Ordering Clauses**

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of
the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(i), 309, and
Section 1.2104(g) of the Commission's Rules, 47 C.F.R. § 1.2104(g),
Western PCS BTA I Corporation is ASSESSED a final bid withdrawal payment
of \$331,381 on license BTA 166E, a final bid withdrawal payment of
\$54,356 on license BTA 199E, and a final bid withdrawal payment of
\$79,000 on license BTA 301E as computed in Attachment A.

IT IS FURTHER ORDERED, that, pursuant to Sections 1.2104 and 1.2106 of
the Commission's Rules, 47 C.F.R. §§ 1.2104 and 1.2106, Western PCS BTA
I Corporation's interim bid withdrawal payments of \$15,926, will be
applied towards the sum of the final bid withdrawal payment, of
\$464,737, leaving Western PCS BTA I Corporation with a debt to the
Commission of \$448,811.

It is FURTHER ORDERED that Western PCS BTA I Corporation's debt of
\$448,811 be paid immediately, in accordance with the payment
instructions in Attachment B within 30 days of the date of this letter,
and if it is unpaid 30 days of the date of this letter, interest will
accrue from the date of this letter along with penalties and
administrative costs permitted by 31 U.S.C. § 3717.

It is FURTHER ORDERED that this letter shall be sent to the applicant
and its representatives by certified mail, return receipt requested.
This action is taken pursuant to authority delegated by Section 0.331 of
the Commission's rules, 47 C.F.R. § 0.331.

Sincerely,

Gary Michaels, Deputy Chief

> Auctions and Spectrum Access Division
>
> Wireless Telecommunications Bureau

cc: Andrew S. Miano

Guman, Blask & Freedman

1400 Sixteenth Street, N.W., Suite 500

Washington, D.C. 20036

## DA 04-585

## 

## ATTACHMENT A

Broadband PCS Service, Blocks D, E, and F

Spectrum License Auction

**Multi-Auction Bid Withdrawal Payment Report**

+------------+-----------------+-----------+---------------+----------+
| License    | AUCTION No. 11  | AUCTION   | Final Bid     | W        |
| Number     |                 | No. 22    | Withdrawal    | estern's |
|            | Western's       | High Bid  | Payment       | Interim  |
| Frequency  | Withdrawn Bid   |           |               | Wi       |
| block      |                 |           | (Difference   | thdrawal |
|            |                 |           | between       | Payment  |
|            |                 |           | Auction No.   | (3% of   |
|            |                 |           | 11 and        | w        |
|            |                 |           | Auction No.   | ithdrawn |
|            |                 |           | 22 Net Bids)  | net bid) |
+------------+-----------------+-----------+---------------+----------+
| BTA 166E   | \$374,381       | \$43,000  | \$331,381     | \$11,231 |
|            |                 |           |               |          |
| BTA 199E   | \$60,500        | \$6,144   | \$54,356      | \$1,815  |
|            |                 |           |               |          |
| BTA 301E   | \$96,000        | \$17,000  | \$79,000      | \$2,880  |
+------------+-----------------+-----------+---------------+----------+
| Total      |                 |           | \$464,737     | \$15,926 |
+------------+-----------------+-----------+---------------+----------+

  ---------------------------------------------- ------------------------
  Total Final Bid Withdrawal Payments            \$464,737

  Less Sum of Interim Withdrawal Payments        \$15,926

  **Total Amount Due**                           **\$448,811**
  ---------------------------------------------- ------------------------

##  

## DA 04-585

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

The following information is being provided to assist you in making your
payment.

**PAYMENT INSTRUCTIONS**

All payments must be made in U.S. currency in the form of a wire
transfer. No personal checks, cashier's checks or other forms of payment
will be accepted. Wire transfer payments must be received by Mellon Bank
by 6:00 PM Eastern Time, no later than thirty days from the date of the
ORDER; however, if the 30th day falls on a non-business day, e.g.,
Saturday, Sunday or holiday, it is due the next business day. Applicants
must allow sufficient time for the wire transfer to be initiated and for
the transmission to be completed prior to the deadline. To submit funds
by wire, applicants will need the following information to properly
effect the transmittal:

ABA Routing Number: 043000261

Receiving Bank: Mellon Pittsburgh

BNF: FCC/Account #911-6106

OBI Field: (Skip one space between each information item)

"AUCTIONPAY"

FCC REGISTRATION NO. (FRN) (same as FCC Form 159, Block 11 and/or 21)

PAYMENT TYPE CODE (enter "APEN") same as FCC Form 159, Block 24A FCC
CODE 1 (same as FCC Form 159, Block 28A: ("11")

PAYOR NAME (same as FCC Form 159, Block 2)

LOCKBOX No.: 358850

A completed FCC Remittance Advice Form (FCC Form 159, Version 2/00) must
accompany payments. On the same business day that the applicant submits
payment to Mellon Bank, the applicant must submit a completed FCC Form
159 via facsimile at (412) 209-6045, at least one-hour prior to placing
the order for the wire transfer. The specified debt is due and payable
to the United States immediately and without demand, and it is subject
to interest, penalties, and additional administrative costs. Interest
accrues from the date of the ORDER; however, to avoid the payment of
charges (i.e., interest, penalties, and administrative costs) and
enforced collection, full payment must be made and received within 30
days from the date of the ORDER. Debtor's failure to make complete
timely payment will result in assessment of such charges permitted by 31
U.S.C. § 3717.

For questions regarding the submission of payment, and the FCC Form 159,
contact Gail Glasser, Office of the Managing Director, Financial
Operations Center, Auctions Accounting Group, at (202) 418-0578.

[^1]: "D, E, and F Block Auction Closes," *Public Notice*, DA 97-81
    (rel. January 15, 1997) ("*Auction No. 11 Winning Bidders Public
    Notice*").

[^2]: Licenses BTA 166E, 199E, and 301E are in the Grand Forks, ND,
    Huron, SD, and Mitchell, SD markets, respectively. Additionally,
    Western withdrew net high bids on nine other licenses in Auction No.
    11 (BTAs 001E, 037E, 231D, 257D, 329D, 375E, 381E, 411E, 460D).
    Because those 9 other licenses were sold during Auction No. 11, the
    Commission assessed final bid withdrawal payments against Western at
    the conclusion of that auction and those final bid withdrawal
    payment amounts were deducted from Western's upfront payment.
    *Auction No. 11 Winning Bidders Public Notice*, attachment B.

[^3]: ^?^ C, D, E, and F Block Broadband PCS License Auction Closes,
    Report No. AUC-22-K (Auction No. 22), *Public Notice*, 14 FCC Rcd.
    6688 (1999) ("*Auction No. 22 Winning Bidders Public Notice*").

[^4]: ^?^ 47 C.F.R. §§ 1.2104(g)(1), 24.704(a)(1) (1997); *Auction No.
    11 Winning Bidders Public Notice*, at 3.

[^5]: *Auction No. 11 Winning Bidders PN*, DA 97-81, at 3 (citing
    Implementation of Section 309(j) of the Communications
    Act---Competitive Bidding, PP Docket No. 93-253, *Fifth Report and
    Order*, 9 FCC Rcd 5532, 5563 at n. 51 (1994); C.H. PCS, Inc.,
    *Order*, 11 FCC Rcd 22430 (1996) (requiring a three percent
    deposit).

[^6]: ^?^ 47 C.F.R. § 1.2106(d) and (e); *Auction No. 11 Winning Bidders
    Public Notice*, at 3.

[^7]: ^?^ 47 C.F.R. § 1.2104(g)(1); *Auction No. 11 Winning Bidders
    Public Notice*, at 3.

[^8]: ^?^ 47 C.F.R. § 1.2104(g)(1); *Auction No. 11 Winning Bidders
    Public Notice*, at 3.

[^9]: ^?^ See Attachment A to this letter, which calculates the final
    bid withdrawal payments; *Auction No. 22 Winning Bidders Public
    Notice*, 14 FCC Rcd 6688.

[^10]: ^?^ 47 C.F.R. § 1.2104(g)(1).