**DA 07-5030**

**December 18, 2007**

**AUCTION OF 700 MHz BAND LICENSES**

###### Upfront Payment Deadline Rescheduled for January 4, 2008;  {#upfront-payment-deadline-rescheduled-for-january-4-2008 .unnumbered}

**Mock Auction Rescheduled**

######  {#section .unnumbered}

###### Status of Short-Form Applications to Participate in Auction 73 {#status-of-short-form-applications-to-participate-in-auction-73 .unnumbered}

**Report No. AUC-07-73-E (Auction 73)**

1.  By this Public Notice, the Wireless Telecommunications Bureau
    ("Bureau") announces that the upfront payment deadline for the
    auction of 700 MHz Band licenses ("Auction 73") has been rescheduled
    to January 4, 2008, 6:00 p.m. Eastern Time (ET). In addition to the
    revised upfront payment deadline, the mock auction is rescheduled to
    January 22, 2008. The Auction 73 start date remains unchanged. The
    Bureau also announces the status of applications received for
    Auction 73. Finally, the Bureau provides other important information
    and reminders relating to Auction 73.

# REVISED SCHEDULE FOR AUCTION 73

2.  The Bureau announces that the upfront payment deadline for Auction
    73 has been extended to January 4, 2008, 6:00 p.m. ET.[^1] The
    originally-scheduled upfront payment deadline was December 28, 2007,
    6:00 p.m. ET. As a result of the extended upfront payment deadline,
    the mock auction has been rescheduled as well.[^2] The remaining
    pre-auction dates and deadlines for Auction 73 are now as follows.

> Auction 73 Upfront Payments January 4, 2008; 6:00 p.m. ET
>
> Deadline for Resubmission of Short-Form Applications January 4, 2008;
> prior to 6:00 p.m. ET
>
> Mock Auction January 22, 2008
>
> Auction 73 Start Date January 24, 2008 (unchanged)

3.  On November 19, 2007, Frontline Wireless, LLC ("Frontline")
    submitted a request to the Bureau seeking, among other things, a one
    week extension of the deadline for upfront payments for Auction
    73.[^3] In support of its request, Frontline mentions the potential
    difficulty that may be presented by an upfront payment deadline for
    this auction that falls during the holiday period.[^4] In light of
    this concern, the Bureau extends the upfront payment deadline for
    Auction 73 to January 4, 2008, 6:00 p.m. ET and reschedules the mock
    auction to January 22, 2008. The information provided in previous
    public notices regarding Auction 73 remains unchanged, with the
    exception of these two dates.[^5]

# STATUS OF APPLICATIONS

4.  The Bureau has received 266 short-form applications (FCC Forms 175)
    to participate in the upcoming auction of 700 MHz Band licenses
    (Auction 73), scheduled to begin on Thursday, January 24, 2008.[^6]
    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** **96 applications**

**INCOMPLETE** **170 applications**

5.  **Accepted**: Applications for Auction 73 accepted for filing are
    listed alphabetically in Attachment A.[^7] These applicants will
    become qualified bidders in Auction 73 upon receipt of the required
    upfront payment by 6:00 p.m. ET on Friday, January 4, 2008.[^8]
    These applicants need take no further action with respect to their
    applications, except as may be necessary pursuant to their
    obligations under Section 1.65 of the rules to maintain the accuracy
    and acceptability of their applications.[^9]

6.  **Incomplete:** Applications for Auction 73 found to be incomplete
    or deficient are listed alphabetically in Attachment B. Those
    applicants will receive overnight correspondence indicating what
    information is required to make their applications acceptable for
    filing. These applicants may become qualified bidders only if they
    complete the following actions: (1) make the required Auction 73
    upfront payments **by 6:00 p.m. ET on Friday, January 4, 2008**;
    and (2) resubmit their applications, having corrected the
    deficiencies indicated, **prior to 6:00 p.m. ET on Friday, January
    4, 2008**.[^10] Applicants also must maintain the accuracy of their
    short-form applications as required by Section 1.65 of the
    Commission's rules.[^11]

7.  The filing window for resubmitting Auction 73 short-form
    applications is now open. Corrected applications must be filed
    **prior to** **6:00 p.m. ET on Friday, January 4, 2008.** This will
    be the only opportunity to cure application defects; late
    resubmissions will not be accepted. If an application is incomplete
    or otherwise deficient after the resubmission deadline has passed,
    the application will not be accepted and the applicant will not be
    permitted to participate in Auction 73 bidding.[^12] In addition,
    any applicant that timely filed an Auction 76 short-form
    application[^13] will not be permitted to participate in Auction 76
    bidding if its Auction 73 application is incomplete or otherwise
    deficient after the resubmission deadline.

## AUCTION 73 UPFRONT PAYMENTS 

8.  Upfront payments and accompanying FCC Remittance Advice forms (FCC
    Form 159) for Auction 73 are due in the proper account at Mellon
    Bank, Pittsburgh, Pennsylvania, **by 6:00 p.m. ET on Friday, January
    4, 2008.**[^14] 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.[^15] **Payments must be made
    by wire transfer only in accordance with the instructions provided
    in the *Auction 73/76 Procedures Public Notice*.**[^16] **No other
    payment method is acceptable for this auction.**[^17] Applicants are
    reminded to provide their FCC Registration Number ("FRN") on the FCC
    Form 159. At least one hour before placing the order for the wire
    transfer (but on the same business day), applicants must send by
    facsimile a completed FCC Form 159 (revised February 2003) to Mellon
    Bank at (412) 209-6045.

9.  Applicants that have filed applications deemed to be incomplete or
    deficient, as noted in Attachment B to this public notice, must
    submit timely and sufficient upfront payments before the Commission
    will review their resubmitted applications. If no upfront payment is
    made, or the application is incomplete or deficient following its
    resubmission, the applicant will not be eligible to bid in either
    Auction 73 or 76.

10. 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. The Bureau
    reminds applicants that they should discuss arrangements (including
    transfer times and bank closing schedules) with their financial
    institution several days before making the wire transfer so as to
    avoid untimely upfront payments. Be sure to 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 73/76 Procedures Public Notice* under Section II.F. and
    Section III.D.[^18]

**Note:** Applicants are reminded to submit the same FRN with all future
payments for Auction 73.

## AUCTION 73 SHORT-FORM APPLICATION CHANGES AND RESUBMISSION

11. Applicants whose applications for Auction 73 have been identified as
    incomplete must address defects in their applications during the
    resubmission window (which is now open and closes at 6:00 p.m. ET on
    Friday, January 4, 2008).[^19] The Bureau is sending a letter to
    each applicant whose application has been deemed incomplete
    identifying any deficiencies found during the staff's initial review
    of the application. These deficiency letters are being sent via
    overnight delivery to the contact person listed on each incomplete
    application. During this resubmission window, all applicants for
    Auction 73 may make other minor changes as described below in more
    detail. We remind applicants that Section 1.65 of the Commission's
    rules requires an applicant to maintain the accuracy and
    completeness of information furnished in its pending Auction 73
    short-form application.[^20]

12. The electronic Form 175 will not permit an applicant to make certain
    modifications to its application (e.g., changes to applicant's name,
    legal classification, license selections or certifying official, or
    changes in its bidding credit).[^21] Administrative and minor
    changes can be made, including, for example, deletion and addition
    of authorized bidders (to a maximum of three), revision of addresses
    and telephone numbers of the applicants and their contact persons,
    and changes to responsible party. In addition, changes can be made
    to ownership and agreement information.[^22] We remind applicants
    that any application changes must comply with the Commission's
    rules, which prohibit, among other things*,* changes in ownership
    that would constitute an assignment or transfer of control, as well
    as changes in ownership or disclosure of agreements that would
    constitute violations of the anti-collusion rule.[^23] If any
    application is changed to effect a major amendment, such as a change
    in control, the applicant will be ineligible to bid in the
    auction(s).

13. We note that some applicants have submitted certain inconsistent
    information in their Auction 73 and Auction 76 short-form
    applications.[^24] Such applicants are encouraged to review their
    Auction 73 application and make any necessary revisions in that
    application to be certain that it is complete and correct.[^25]

# OTHER IMPORTANT INFORMATION

14. **Qualified Bidders:** Approximately two weeks after the upfront
    payment deadline, following Commission review of resubmitted
    short-form applications, and correlation of payments and
    applications, a public notice listing all applicants qualified to
    bid in Auction 73 will be released. The same public notice will also
    include bidding schedules for both the mock auction and the first
    day of bidding in Auction 73.

15. **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
    700 MHz Band licenses being offered in the 700 MHz Band auction(s).
    The Commission makes no representations or warranties about the use
    of this spectrum for particular services. Potential bidders are
    strongly encouraged to conduct their own research prior to the
    beginning of bidding in Auction 73 (and Auction 76, should that
    auction become necessary) in order to determine the existence of
    pending proceedings, pleadings, applications, or authorizations that
    might affect their decisions regarding participation in the auction.
    Participants in Auction 73 (and Auction 76, should that auction
    become necessary) are strongly encouraged to continue such research
    throughout the auction. In addition, potential bidders should
    perform technical analyses sufficient to assure themselves that,
    should they prevail in competitive bidding for a specific license,
    they will be able to build and operate facilities that will comply
    fully with the Commission\'s technical and legal requirements. For
    further details regarding due diligence, please refer to the
    *Auction 73/76 Procedures Public Notice* under Section I.B.3.[^26]

16. **Prohibition of Collusion and Maintenance of Anonymous Bidding:**
    Applicants are reminded that Section 1.2105(c) of the Commission's
    rules prohibits applicants for licenses in any of the same or
    overlapping geographic areas from communicating with each other
    about bids, bidding strategies, or settlements, which may include
    communications regarding the post-auction market structure, unless
    they have identified each other on their short-form applications as
    parties with which they have entered into agreements under Section
    1.2105(a)(2)(viii).[^27] The anti-collusion rule applies to any
    applicants that submitted short-form applications for Auctions 73 or
    76 and selected licenses in the same or overlapping CMAs, EAs, REAGs
    or the nationwide license in the D Block. For example, assume that
    one applicant applies for a REAG license and a second applicant
    applies for an EA license covering any area within that REAG. The
    two entities will have applied for licenses covering an overlapping
    geographic area and would be precluded from communicating with each
    other under the rule. The rule also applies where one applicant has
    selected a license in Auction 73 and another applicant selects a
    license in Auction 76 that covers any of the same geographic area.
    As a result, the rule precludes applicants that apply to bid for all
    of the licenses in any block or the nationwide license in the D
    Block from communicating with all other applicants. Thus, applicants
    that have applied for licenses covering the same or overlapping
    geographic areas (unless they have identified each other on their
    FCC Form 175 applications as parties with whom they have entered
    into agreements under Section 1.2105(a)(2)(viii)) must affirmatively
    avoid all communications with or disclosures to each other that
    affect or have the potential to affect bids or bidding strategy,
    which may include communications regarding the post-auction market
    structure.[^28]

17. For Auctions 73 and 76, this prohibition became effective at the
    short-form application filing deadline on December 3, 2007, and will
    extend until the post-auction down payment deadline for Auction 76,
    if that auction becomes necessary, which will occur after the close
    of bidding on licenses offered in Auction 76 and will be announced
    in a future public notice.[^29] **This prohibition applies to all
    applicants regardless of whether such applicants become qualified
    bidders or actually bid.**[^30] For purposes of this prohibition,
    Section 1.2105(c)(7)(i) defines "applicant" as including all
    officers and directors of the entity submitting a short-form
    application to participate in the auction, all controlling interests
    of that entity, as well as all holders of partnership and other
    ownership interests and any stock interest amounting to 10 percent
    or more of the entity, or outstanding stock, or outstanding voting
    stock of the entity submitting a short-form application.[^31] The
    Bureau notes that a violation of the anti-collusion rule could occur
    when an individual serves as an officer and/or director for two or
    more competing applicants.[^32] As described in the *Auction 73/76
    Procedures Public Notice*, due to the anonymous bidding procedures
    in this auction, each applicant is being informed by letter of the
    identity of all other applicants in either Auction 73 or Auction 76
    that have applied for licenses in any of the same geographic areas
    that it has selected in its short-form application.[^33] This letter
    will not specify the auction(s) in which the other identified
    applicants have applied to participate.

18. 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 short-form application filing deadline on
    December 3, 2007, an applicant should not have included the names of
    those parties on its application, and must not have continued
    negotiations.[^34]

19. Applicants that have selected licenses for any of the same or
    overlapping geographic license areas must not communicate directly
    or indirectly about bids or bidding strategy.[^35] The Bureau has
    encouraged applicants competing for licenses in any of the same or
    overlapping geographic license areas 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.[^36] Also, if the
    authorized bidders are different individuals employed by the same
    organization (*e.g*., law firm, engineering firm or consulting
    firm), a violation could likewise occur. In such a case, at a
    minimum, applicants should take precautionary steps to prevent
    communication between authorized bidders and to ensure that
    applicants and their bidding agents will comply with the
    anti‑collusion rule.[^37] However, the Bureau cautions that the mere
    existence of precautionary measures will not outweigh specific
    evidence that collusive behavior has occurred, nor will it preclude
    the initiation of an investigation when warranted.[^38]

20. *Anonymous Bidding.* In addition, applicants are reminded that under
    the anonymous bidding procedures in effect for Auctions 73 and 76,
    the Commission is withholding from public release until after the
    close of the auction(s) any information that may indicate specific
    applicants' interests in the auction --- including, among other
    things, license selections, upfront payments and eligibility
    information, and the identities of bidders making bids or taking
    other bidding-related actions. Accordingly, communication to other
    applicants or public disclosure of such non-public information would
    appear to violate the Commission's anonymous bidding procedures and
    the anti-collusion rule.[^39] This would include communication of
    any such non-public information by an applicant to the public,
    financial analysts, or the press, as well as any such communication
    by an applicant to another applicant for one or more licenses
    covering geographic areas also covered by the applicant's license
    selections on its short-form application.[^40] Examples of
    communications raising concern, given the anonymous bidding
    procedures in effect for Auctions 73 and 76, would include an
    applicant's statement to the press about its upfront payment or
    bidding eligibility, and an applicant's statement to the press that
    it is or is not interested in bidding in Auction 76.

21. *Disclosure Obligations & Possible Sanctions.* We note that Section
    1.65 requires auction applicants that engage in communications of
    bids or bidding strategies that may themselves be prohibited 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.[^41] 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.[^42]

22. Applicants that are winning bidders will be required to disclose in
    their long-form applications the specific terms, conditions, and
    parties involved in all bidding consortia, joint ventures,
    partnerships, or other agreements or arrangements entered into
    relating to the competitive bidding process.[^43] Any applicant
    found to have violated the anti-collusion rule may be subject to
    sanctions.[^44] 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.[^45]

23. **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.[^46]

24. **Mock Auction:** All applicants found to be qualified bidders will
    be eligible to participate in a mock auction on Tuesday, January
    22, 2008. No separate mock auction will be held for Auction 76.
    Applicants that are interested in participating in Auction 76 should
    plan to participate in this mock auction. The Bureau encourages all
    qualified bidders to take advantage of this opportunity to become
    familiar with the FCC's Integrated Spectrum Auction System ("ISAS"
    or "FCC Auction System"). In the public notice announcing the
    qualified bidders, the Bureau will announce the bidding schedule for
    the mock auction. The mock auction will be conducted over the
    Internet, and telephonic bidding will be available as well.

25. **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, if they have not already done so.

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

[]{.mark}

-   Web Browser, either of the following:

> Microsoft^®^ Internet Explorer 6.0 or higher (recommended). Your
> browser must have either Microsoft VM or Java Plug-In Version 1.5
> installed.
>
> Netscape^®^ Communicator™ 6.0 or higher, with Java Plug-In Version
> 1.5.
>
> To obtain Java Plug-In Version 1.5, point your browser at
> [http://java.sun.com/javase/downloads/index_jdk5.jsp]{.underline} and
> click the **Download** button for the *Java Runtime Environment (JRE)
> 5.0* option.

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

-   Minimum Screen Resolution: 1024 x 768

27. Currently, the Apple^®^ Mac OS^®^ is not supported.

28. **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 rules.[^47]

**CONTACT INFORMATION**

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

30. 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.

31. For technical assistance with accessing the FCC Auction System,
    contact the FCC Technical Support Hotline at (877) 480-3201, option
    nine; (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.

32. For further information concerning this auction proceeding, contact:

> Auctions and Spectrum Access Division, Wireless Telecommunications
> Bureau:
>
> For auction legal questions:
>
> Scott Mackoul, Stephen Johnson, or Howard Davenport at (202) 418-0660
>
> For auction procedure, bidding and general information questions:
>
> Jeff Crooks at (202) 418-2074 or Lisa Stover at (717) 338-2868
>
> Mobility Division, Wireless Telecommunications Bureau:
>
> For licensing legal and service rule questions:
>
> Erin McGrath (legal) or Keith Harper (technical) at (202) 418-0620

33. To request materials in accessible formats (Braille, large print,
    electronic files, audio format) for people with disabilities, send
    an e-mail to fcc504@fcc.gov or call the Consumer and Governmental
    Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY).

**- FCC -**

[^1]: *See* "Auction of 700 MHz Band Licenses Scheduled for January 24,
    2008; Notice and Filing Requirements, Minimum Opening Bids, and
    other Procedures for Auctions 73 and 76," *Public Notice*, 22 FCC
    Rcd 18,141, 18,159 ¶ 58 ("*Auction 73/76 Procedures Public
    Notice*").

[^2]: Before issuance of this public notice, the mock auction was
    scheduled for January 18, 2008.

[^3]: Request for One Week Extension of Short-Form Filing and Upfront
    Payment Deadlines, filed by Frontline Wireless, LLC, in AU Docket
    No. 07-157, on November 19, 2007 ("Frontline Request"). The
    Frontline Request also sought a one-week extension of the filing
    deadline for short-form applications. That portion of Frontline's
    request is moot.

[^4]: Frontline Request at 6.

[^5]: *See, e.g.*, *Auction 73/76* *Procedures Public Notice*, 22 FCC
    Rcd at 18,159 ¶ 58.

[^6]: *See Auction 73/76 Procedures* *Public Notice*.

[^7]: Designation of an application as accepted for filing indicates
    that the applicant has provided the certifications and information
    concerning its qualifications as required by our competitive bidding
    rules for participation in the auction. The Bureau notes that under
    the Commission's two-phased auction application process, a winning
    bidder must submit a long-form application after the close of the
    auction to demonstrate its qualifications to hold a Commission
    license and, if a bidding credit is requested, its eligibility for
    the bidding credit requested. *See* 47 C.F.R. § 1.2107 -- 1.2109;
    *see also* Amendment of Part 1 of the Commission's Rules --
    Competitive Bidding Procedures, *Second Report and Order*, 9 FCC Rcd
    2348, 2376-77 ¶¶ 163-168 (1994). Thus, a determination that a
    short-form application is complete and complies with the
    Commission's competitive bidding rules and policies is not
    determinative of an applicant's qualifications to hold a license or
    entitlement to a bidding credit. In the event that an applicant is
    found unqualified to be a Commission licensee or ineligible for
    claimed designated entity benefits, it will be liable for any
    obligations incurred as a result of its participation in the
    auction. *See generally* 47 C.F.R. § 1.2109.

[^8]: *See* 47 C.F.R. § 1.2106.

[^9]: *See* 47 C.F.R. § 1.65 (an applicant must 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); 47
    C.F.R. § 1.2105 (setting forth bidding application and certification
    procedures). *See also,* 47 C.F.R. § 1.2105 (c)(6) (any applicant
    that makes or receives a prohibited communication must report such
    communication in writing to the Commission no later than five
    business days after the communication occurs)).

[^10]: *See* 47 C.F.R. §§ 1.2105(b), 1.2106.

[^11]: *See* 47 C.F.R. § 1.65. *See also* 47 C.F.R. § 1.2105.

[^12]: Consistent with the Commission's determination in the *700 MHz
    Second Report and Order*, only those applicants found qualified to
    bid in Auction 73 will be eligible to participate in Auction 76.
    *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at 18,146 ¶
    8; *see also* Service Rules for the 698-746, 747-762 and 777-792 MHz
    Bands, WT Docket No. 06-150, Revision of the Commission's Rules to
    Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC
    Docket No. 94-102, Section 68.4(a) of the Commission's Rules
    Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-309,
    Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27, and
    90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, WT Docket 03-264, Former Nextel Communications, Inc.
    Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 06-169, Implementing a Nationwide,
    Broadband, Interoperable Public Safety Network in the 700 MHz Band,
    PS Docket No. 06-229, Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Communications Requirements Through the Year 2010, WT Docket
    No. 96-86, Declaratory Ruling on Reporting Requirement under
    Commission's Part 1 Anti-Collusion Rule, WT Docket No. 07-166,
    *Second Report and Order*, 22 FCC Rcd 15,289, 15,404-05 ¶ 316 (2007)
    ("*700 MHz Second Report and Order*"), recon. pending.

[^13]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at
    18,146, 18,159-61, 18,299 at ¶¶ 8, 58, 60, 65 & Attachment E
    (setting filing deadline for Auction 76 short-form applications at
    December 3, 2007, 6 p.m. ET). In addition, to be eligible to
    participate in Auction 76, an applicant must also have selected in
    its separate Auction 76 short-form application a license that is
    available in Auction 76. An applicant also must purchase sufficient
    bidding eligibility to bid on at least one of its selected licenses
    that is offered in Auction 76. *See Auction 73/76 Procedures Public
    Notice*, 22 FCC Rcd at 18,159-60 ¶ 60.

[^14]: As noted in the *Auction 73/76 Procedures Public Notice*, should
    Auction 76 become necessary, a deadline for submission of any
    additional upfront payment amounts will be announced following the
    end of bidding in Auction 73. *See Auction 73/76 Procedures Public
    Notice*, 22 FCC Rcd at 18,159-60 ¶ 60.

[^15]: *See* Letter from Margaret W. Wiener, Chief, Auctions and
    Industry Analysis Div., to Patrick Shannon, Esq., Counsel for Lynch
    3G Communications Corp., 18 FCC Rcd 11,552 (WTB 2003) (finding that
    an applicant had failed to timely submit its upfront payment when
    the payment was received by the Commission's bank before the
    applicable deadline, but not credited to the Commission's account
    until after the deadline due to an error of the applicant's bank).

[^16]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at
    18,173-78 ¶¶ 115-129. A wire transfer is a transaction that you
    initiate through your bank. It authorizes your bank to wire funds
    from your account to our lockbox bank, the Mellon Bank in
    Pittsburgh, Pennsylvania. Additional information on wire transfers
    is available on the Commission's web site at
    http://www.fcc.gov/fees/wiretran.html.

[^17]: The Commission will not accept checks, credit cards, or automated
    clearing house ("ACH") payments.

[^18]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at
    18,168-70, 18,173-78 ¶¶ 92-97, 115-129.

[^19]: 47 C.F.R. § 1.2105(b)(2).

[^20]: 47 C.F.R. § 1.65. *See also* 47 C.F.R. § 1.2105.

[^21]: 47 C.F.R. § 1.2105(b). The Commission's electronic Form 175 is
    designed to prevent inadvertent major changes by applicants.
    Therefore, applicants are not permitted to make changes to the
    following data fields at this time: applicant name, legal
    classification, certifier, bidding credit, and license selection.

[^22]: For more information on making administrative changes to an
    existing application, see "Updating Existing Applications." *See
    Auction 73/76 Procedures Public* Notice, 22 FCC Rcd at 18,297-98,
    18,305-06, Attachments D and E. During the resubmission phase,
    applicants will have electronic access to update the following
    application fields: jurisdiction of formation/country of
    citizenship, applicant address, responsible party information,
    responsible party address, contact information, contact address,
    authorized bidder information, bidding option, agreement
    information, and ownership information. During all phases of the
    application process, applicants have electronic access to make
    certain administrative changes including updates to: applicant
    address, responsible party address, contact information, contact
    address, and bidding option (telephonic or electronic).

[^23]: *See* 47 C.F.R. § 1.2105

[^24]: While Auction 76 short-form applications will not be viewable by
    the public until after the close of bidding in Auction 73, each
    applicant may review the information contained in its own Auction 76
    application by navigating through the Auction 76 application link on
    the *Create or Review Auction Applications* page.

[^25]: Applicants to participate in Auction 76 cannot make changes to
    their Auction 76 applications during the Auction 73 resubmission
    window, but this does not matter: if an applicant has filed an
    abbreviated short-form application to participate in Auction 76, all
    information in the applicant's Auction 73 application, except for
    license selections, will be carried over to, and will supersede the
    information contained in, the same field on the Auction 76 form.

[^26]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at
    18,155-57 ¶¶ 39-47.

[^27]: 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, WT Docket No. 97-82, *Seventh Report and Order*,
    16 FCC Rcd 17546 (2001) ("*Part 1 Seventh Report and Order*");
    *id.,* *Order on Reconsideration of the Third Report and Order*,
    *Fifth Report and Order*, *and Fourth Further Notice of Proposed
    Rule Making*, 15 FCC Rcd 15293, 15297-98 ¶¶ 7-8 (2000).

[^28]: For a more detailed discussion of anti-collusion considerations
    in the context of Auctions 73 and 76, see *Auction 73/76 Procedures
    Public Notice,* 22 FCC Rcd at 18,148-54 ¶¶ 15-34.

[^29]: 47 C.F.R. § 1.2105(c)(1).

[^30]: *See, e.g.,* Northeast Communications of Wisconsin, LLC,
    *Forfeiture Order*, 19 FCC Rcd 18635 (EB 2004) (imposing forfeiture
    in the amount of \$100,000 for violation of the anti-collusion rule,
    even though the applicant never made an upfront payment for the
    auction and was not listed as a qualified bidder); Letter to Robert
    Pettit, Esq., from Margaret W. Wiener, Chief, Auctions and Industry
    Analysis Div., 16 FCC Rcd 10080 (WTB 2000) (declining to exempt an
    applicant's controlling interest from coverage by the anti-collusion
    rule, even though the applicant never made an upfront payment for
    the auction and was not listed as a qualified bidder).

[^31]: 47 C.F.R. § 1.2105(c)(7)(i).

[^32]: *See* Letter to Colby M. May from Barbara A. Kreisman and
    Margaret W. Wiener, 20 FCC Rcd 14648 (MB/WTB 2005) (finding apparent
    violation of anti-collusion rule where applicants with mutually
    exclusive applications reported sharing same individual as an
    officer and director and reported no bidding agreement).

[^33]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at
    18,184-85 ¶ 155.

[^34]: *See* Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules, *Public Notice*, 11 FCC Rcd 9645 (WTB
    1995).

[^35]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶ 6.

[^36]: *See Auction 73/76 Procedures Public Notice* at 11-12 ¶ 24.

[^37]: *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).

[^38]: *Id*., 13 FCC Rcd at 11978 ¶ 13.

[^39]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd at
    18,149-55, 18,181-85 ¶¶ 15-34, 145-156*.*

[^40]: The Commission has long expressed the concern that applicants
    also should use caution in their dealings with other parties, such
    as members of the press, financial analysts, or others who might
    become a conduit for the communication of non-public information
    relating to auctions, such as bids and bidding strategies. *Cf.*
    Wireless Telecommunications Bureau Responds to Questions About the
    Local Multipoint Distribution Service Auction, *Public Notice*, 13
    FCC Rcd 341, 347-8 (1998) ("Public statements can give rise to
    collusion concerns. This has occurred in the antitrust context,
    where certain public statements can support other evidence which
    tends to indicate the existence of a conspiracy.").

[^41]: *See Part 1* *Seventh Report and Order*, 16 FCC Rcd at 17550-51 ¶
    9. 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 substantive change that may be of decisional significance to
    that application. 47 C.F.R. § 1.65.

[^42]: 47 C.F.R. § 1.2105(c)(6); *see also Part 1* *Seventh Report and
    Order*, 16 FCC Rcd at 17555 ¶ 17.

[^43]: *See* 47 C.F.R. § 1.2107(d).

[^44]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^45]: 47 C.F.R. § 1.2109(d).

[^46]: *See* 47 C.F.R. § 1.1208. *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). *See also* 47 C.F.R. § 1.1202(d)(1) Note 1.

[^47]: *See* 47 C.F.R. §§ 1.2107, 1.2112(b)(2).