**DA 07-1921**

**May 2, 2007**

**AUCTION OF BROADBAND PCS SPECTRUM LICENSES**

**23 Bidders Qualified to Participate in Auction No. 71;**

**Limited Information Disclosure Procedures to be Used**

**Report No. AUC-07-71-D (Auction No. 71)**

In this Public Notice*,* the Wireless Telecommunications Bureau ("WTB")
identifies 23 applicants found to be qualified to bid in the upcoming
auction of broadband Personal Communications Service ("PCS") licenses
(Auction No. 71).[^1] Bidding in Auction No. 71 is scheduled to begin on
Wednesday, May 16, 2007. In addition, this Public Notice contains
bidding instructions and other important information regarding Auction
No. 71.

Auction No. 71 will be conducted using procedures that will limit
disclosure of certain information on bidder interests and identities
prior to the close of bidding. Specifically, during Auction No. 71, the
Commission will disclose information on: (1) each bidder's eligibility
and upfront payment made prior to the start of the auction; and (2)
after every round, the gross amount of each bid placed in the round, the
number of bids placed in the round on each license, the minimum
acceptable bid for each license in the following round, and whether each
license has a provisionally winning bid. However, information on the
licenses selected by each applicant and on the identities of the bidders
placing bids on licenses will not be released by the Commission until
after the close of bidding.

After comment was sought on the possibility of using limited information
procedures in Auction No. 71 and no comment was received,[^2] the
*Auction No. 71 Procedures Public Notice* decided that the Bureau would
use limited information procedures if it appeared likely that the
competitiveness of the auction would be low and that limited information
procedures would be effective in making anti-competitive behavior less
likely to be successful. More specifically, the *Auction No. 71
Procedures Public Notice* concluded that, if the eligibility ratio were
less than three, certain information on bidder interests and bidder
identities prior to and during this auction would be withheld,[^3]
unless circumstances indicated that such limited information procedures
would not be effective.[^4] The eligibility ratio for Auction No. 71 is
1.98, and there are no circumstances indicating that limited information
disclosure procedures would not be an effective tool for deterring
anti-competitive behavior.[^5] Therefore, Auction No. 71 will be
conducted with limited disclosure of information on bidder interests and
identities before the close of bidding. After the close of Auction No.
71, the Commission will make publicly available complete reports for
each round of the auction that will include the previously undisclosed
information on bidder interests and identities.

**Attachment A** lists the name of each of the 23 qualified bidders,
maximum eligibility in bidding units, and each bidder's claimed bidding
credit revenue range and entrepreneur eligibility.[^6] Attachment A also
indicates whether a bidder has requested a waiver of Commission rules or
policies.

**Attachment B** lists each applicant that submitted a short-form
application, but did not qualify to bid in this auction. These
applicants are reminded that they remain subject to the Commission's
rules prohibiting collusion in Commission auctions.[^7]

Designation of an applicant as qualified to bid in the auction indicates
that the applicant has provided the certifications and information
concerning its qualifications for participation in the auction as
required by the Commission's competitive bidding rules. 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
entrepreneur eligibility or a bidding credit is requested, its
eligibility for the closed license(s) won and/or requested bidding
credit.[^8] 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.[^9]

In order to participate effectively in the auction, qualified bidders
should again familiarize themselves with the auction rules, procedures,
and other information described in the *Auction No. 71 Procedures Public
Notice* and subsequent public notices.[^10] These public notices and
other documents related to Auction No. 71 are available on the
Commission's auctions website at <http://wireless.fcc.gov/auctions/>.
The following information provides additional guidance.

**Registration*.*** Qualified bidders have been automatically registered
for the auction. Registration materials will be sent to the bidder's
contact person at the contact address identified in the bidder's
short-form application. Upon receipt, each bidder should be in
possession of the following:

-   At least two RSA SecurID^®^ tokens

-   Integrated Spectrum Auction System (ISAS) Bidder's Guide

-   FCC Auction Bidder Line phone number

Qualified bidders are solely responsible for ensuring the security of
their computer systems and their registration materials and for ensuring
that only authorized bidders place bids on their behalf. The Commission
assumes no responsibility or liability for these matters.

WARNING: Any unauthorized entity accessing or tampering with an FCC or
other government computer will be prosecuted to the full extent of the
law.

Any qualified bidder listed in Attachment A of this public notice that
has not received the registration mailing **by 12:00 p.m. Eastern Time
(ET) on Tuesday, May 8, 2007**, must contact the Auctions Hotline
directly at (717) 338-2868. Qualified bidders that do not receive this
registration mailing will not be able to submit bids. Receipt of the
registration mailing is critical to participating in both the mock
auction and the actual auction, and it is the responsibility of each
qualified bidder to ensure that all registration information has been
received.

**Registration Material Replacement.** In the event that a bidder's
SecurID^®^ tokens are lost or damaged, only a person who has been
designated as an authorized bidder, the contact person, or the
certifying official on the applicant's short-form application may
request replacement registration material. Qualified bidders requiring
replacement of these items must call Technical Support at (877)
480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY).

**Bidding.** The Commission will conduct this auction over the Internet,
and telephonic bidding will be available as well. The Integrated
Spectrum Auction System ("ISAS" or "FCC Auction System") can be accessed
at [http://auctions.fcc.gov](http://auctions.fcc.gov/) or
[http://auctions2.fcc.gov](http://auctions2.fcc.gov/). Bidders are
reminded that Apple^®^ Mac OS^®^ is not currently supported.

Qualified bidders are permitted to bid telephonically or electronically.
In either case, each authorized bidder must have his or her own
SecurID^®^ token. Applicants with only one authorized bidder will be
issued two SecurID^®^ tokens, while applicants with two or three
authorized bidders will be issued three tokens. For security purposes,
the SecurID^®^ tokens and the instructions for using them are only
mailed to the contact person at the contact address listed on the
applicant's short-form application. Please note that each SecurID^®^
token is tailored to a specific auction. SecurID^®^ tokens issued for
other auctions or obtained from a source other than the FCC will not
work for Auction No. 71.

In their registration materials, all qualified bidders will be supplied
with a telephone number for the Auction Bidder Line. Bidders choosing to
bid telephonically are required to use this telephone number to place
bids. Bidders choosing to bid electronically may use this telephone
number as an alternate method of bidding. Telephonic bidders are
reminded to allow sufficient time to bid by placing their calls well in
advance of the close of a round.[^11]

Please note that the SecurID^®^ tokens can be recycled, and we strongly
encourage bidders to return the tokens to the FCC once the auction
closes. We will provide pre-addressed envelopes that bidders may use to
return the tokens.

**Bidding Contingency Plan.** Bidders should develop comprehensive
contingency plans that can be quickly implemented if bidders experience
difficulty participating in the auction. While the FCC will correct any
problems within Commission‑controlled facilities, bidders are solely
responsible for anticipating and overcoming problems such as bidder
computer or other technical failures, loss of or problems with data
connections, telephone service interruptions, adverse local weather
conditions, unavailability of authorized bidders, or the loss or breach
of confidential security codes. As referenced above, the Auction Bidder
Line telephone number will be supplied with the registration material.

**Minimum Opening Bid Amounts.** There will be a minimum opening bid
amount for each license in Auction No. 71, calculated in accordance with
the factors previously announced.[^12] The minimum opening bid amount is
subject to reduction at the discretion of the Bureau. The Bureau will
not entertain requests to lower minimum opening bid amounts. The Bureau
will exercise this discretion, if at all, independent of any
communications from bidders.

**Announcements.** The Commission will post pertinent auction
information as announcements in the FCC Auction System. Bidders should
routinely check for announcements each time they enter the FCC Auction
System and should read this information carefully.

**Bidding Schedule.** On Wednesday, May 16, 2007, there will be four
rounds of bidding as follows:

Bidding Round 10:00 a.m. - 11:00 a.m. ET

Bidding Round 12:00 p.m. - 1:00 p.m. ET

Bidding Round 2:00 p.m. - 3:00 p.m. ET

Bidding Round 4:00 p.m. - 5:00 p.m. ET

The bidding schedule for Thursday, May 17, 2007, and continuing until
further notice, will be:

Bidding Round 10:00 a.m. - 10:30 a.m. ET

Bidding Round 11:15 a.m. - 11:45 a.m. ET

Bidding Round 12:30 p.m. - 1:00 p.m. ET

Bidding Round 2:00 p.m. - 2:30 p.m. ET

Bidding Round 3:15 p.m. - 3:45 p.m. ET

Bidding Round 4:30 p.m. - 5:00 p.m. ET

The Bureau will set the pace of the auction based upon monitoring of the
bidding and assessment of the auction's progress. All subsequent
schedule changes will be made by announcement via the FCC Auction System
during the course of the auction.

**Round Results.** Round results will be available approximately 10
minutes after the close of each round.

As stated above, Auction No. 71 will be conducted using procedures that
limit the disclosure of information on bidder interests and identities
before the close of bidding.[^13] Accordingly, round results will not
disclose the identities of bidders.

Two types of reports will be available to bidders: (1)
publicly-available information; and (2) bidder-specific information
available only to that bidder when logged in to the FCC Auction System.

The public information will be available on the FCC Auction System
results page and will include for each license the following
information, which will be current as of the conclusion of the most
recently completed round: its provisionally winning bid amount, the
minimum acceptable bid amount for the following round, the gross amounts
of all bids placed on the license during the round, and whether the
license has a provisionally winning bid or is FCC-held. This information
will also be available in downloadable files.

When a bidder is logged in to the FCC Auction System, it will have a
selection of "My Bid Reports" available to it on the FCC Auction
System's bidding page. Information in "My Bid Reports" allows only the
respective bidder to view all of its actions in the current and previous
rounds of the auction. Samples of the results page downloadable files
were made available for the pre-auction seminar held March 7, 2007.
These files are available on the web page for Auction No. 71,
[http://wireless.fcc.gov/auctions/71](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=71),
via the "Auction Seminar" link (scroll down to the bottom of the auction
seminar page).[^14]

Detailed instructions for reviewing and downloading round results are
provided in the Integrated Spectrum Auction System (ISAS) Bidder's
Guide. The bidder's guide is included with qualified bidders'
registration materials and is available in electronic form through the
"HELP" link in the FCC Auction System.

**Watchlists.** The FCC Auction System sets up for each qualified bidder
a default watchlist, called All Licenses, that contains every license
selected on the bidder's short-form application. Qualified bidders may
create additional watchlists containing licenses of their own choosing,
and licenses may appear in multiple watchlists. Bidders may access the
FCC Auction System and begin creating their watchlists upon receipt of
their SecurID^®^ tokens. Instructions for creating watchlists will be
provided in the Integrated Spectrum Auction System (ISAS) Bidder's
Guide. Please note that watchlists created in the mock auction will not
display in Auction No. 71.

**Bidder Questions during the Auction.** FCC auction staff and technical
support staff will be available during the auction to answer questions
from authorized bidders. When appropriate, a bidder should identify
itself as a bidder with a time-sensitive auction question when calling.
Help can be obtained through the following options:

+-----------------------------------+-----------------------------------+
| FCC Auction Bidder Line           | Use Auction Bidder Line telephone |
|                                   | number supplied in registration   |
| (telephonic bidding, auction      | mailing                           |
| conduct questions)                |                                   |
+-----------------------------------+-----------------------------------+
| FCC Technical Support             | \(877\) 480-3201, option nine;    |
|                                   | (202) 414-1250; or (202) 414-1255 |
| (all technical questions,         | (TTY)                             |
| software and hardware)            |                                   |
+-----------------------------------+-----------------------------------+
| FCC Auctions and Spectrum Access  | \(202\) 418-0660                  |
| Division (legal questions only)   |                                   |
+-----------------------------------+-----------------------------------+

The FCC Auction System includes a function for bidders to submit
suggestions to the FCC, but this is **not** an appropriate mechanism for
asking time-sensitive questions that may need an immediate response,
such as questions about auction procedures or other issues. Such
questions should be directed to one of the telephone numbers listed
above.

**Amendments to FCC Form 175.** Applicants are responsible for
maintaining the accuracy and completeness of information furnished in
their short-form applications, including their attachments.[^15]
Applicants should amend their short-form applications as promptly as
possible, but no later than ten business days from the occurrence of a
reportable change. Changes that cause a loss of or reduction in
eligibility for a bidding credit must be reported immediately.
Applicants must modify their short-form application electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction71@fcc.gov>. Questions about
changes should be directed to Stephen Johnson at (202) 418-0660.

As described in the Commission's rules, applicants may make only minor
corrections to their short-form applications (e.g., changing an
authorized bidder or facsimile number).[^16] Major modifications
(e.g*.*, license selection changes, newly claimed or increased bidding
credit, or changing control of the applicant) will not be accepted.[^17]
Bidders are reminded that any change affecting eligibility for a bidding
credit, insofar as it results in the diminishment or loss of a bidding
credit claimed on the short-form application, must be clearly stated in
the bidder's amendment and in the summary letter referenced above. In
such cases, the Commission will make appropriate adjustments in the
bidding credit prior to the computation of any down and final payment
amounts due.

**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
broadband PCS licenses being offered in this auction. 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 competitive bidding
in Auction No. 71, in order to determine the existence of pending
proceedings, pleadings, applications, or authorizations that might
affect their decisions regarding participation in the auction. In
addition, potential bidders should perform technical analyses sufficient
to assure themselves that, should they prevail in competitive bidding
for a given license, they will be able to build and operate facilities
that will comply fully with the Commission's technical and legal
requirements. Participants in Auction No. 71 are strongly encouraged to
continue such research during the auction.

Each potential bidder is solely responsible for identifying associated
risks and for investigating and evaluating the degree to which such
matters may affect the bidder's ability to bid on, otherwise acquire, or
make use of licenses available in Auction No. 71. For further details
regarding due diligence, qualified bidders should refer to the *Auction
No. 71 Procedures Public Notice* under Section I.B.4.[^18]

Potential bidders are reminded that while much of the private and common
carrier fixed microwave services ("FMS") operating in the 1850-1990 MHz
band (and other bands) have been relocated to available frequencies in
higher bands or to other media, some FMS licensees may still be
operating in the band.

**Mock Auction.** On Monday, May 14, 2007, the Bureau will conduct a
mock auction, which will allow qualified bidders to familiarize
themselves with the FCC Auction System. Only qualified bidders will be
permitted to participate in the mock auction. The Bureau will conduct
this auction over the Internet, and telephonic bidding will also be
available.

Qualified bidders can access the mock auction at
[http://auctions.fcc.gov](http://auctions.fcc.gov/) or
[http://auctions2.fcc.gov](http://auctions2.fcc.gov/). Bidders choosing
to bid electronically are advised to review the Integrated Spectrum
Auction System (ISAS) Bidder's Guide provided in the registration
material. Qualified bidders that wish to place bids telephonically
should use the telephone number supplied in the Auction No. 71
registration materials.

The mock auction will include only seven of the 38 licenses:
CW-BTA054-F, CW-BTA056-C5, CW-BTA082-C4 (closed), CW-BTA098-F,
CW-BTA127-C1, CW-BTA129-C3 (closed), and CW-BTA194-F, and will follow
the rules governing the actual auction. The mock auction will be
identified as Mock Auction No. 74. Bidders with entrepreneur status will
be permitted to place bids on any of the seven licenses,[^19] while
bidders without entrepreneur status will not be able to place bids on
those of the seven licenses that are available only to entrepreneurs in
closed bidding. The FCC Auction System will also assume that each bidder
submitted an upfront payment sufficient to give the bidder initial
(maximum) eligibility of 677,000 bidding units. The mock auction will
simulate the start of the auction, and each bidder will be required to
be active on 80 percent of its current bidding eligibility. If a bidder
does not meet this requirement, it will have a waiver automatically
applied (if the bidder has any waivers available), or its current
eligibility will be permanently reduced (if the bidder has no waivers
remaining), possibly eliminating the bidder from further bidding in the
auction.

The mock auction bidding schedule for Monday, May 14, 2007, will be:

Round 1 10:00 a.m. - 11:00 a.m. ET

Round 2 12:00 p.m. - 1:00 p.m. ET

Round 3 2:30 p.m. - 3:00 p.m. ET

Round 4 3:30 p.m. - 4:00 p.m. ET

Round 5 4:15 p.m. - 4:30 p.m. ET

**Prohibition of Collusion.** Applicants are reminded that Section
1.2105(c) of the Commission's rules prohibits applicants for any of the
same geographic license 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).[^20] In Auction No. 71, the rule applies to any
applicants for licenses in the same BTA or MTA. The rule also applies to
applicants for licenses in overlapping BTAs and MTAs. For example, one
applicant that applied to bid for an MTA license and a second applicant
that applied for a BTA license covering any area within that MTA will
have applied for a license covering the same geographic area and is
precluded from engaging in prohibited communications after the
short-form application (FCC Form 175) deadline. In addition, the rule
precludes applicants that applied to bid for all licenses from
communicating with all other applicants. Thus, applicants that have
applied for the same or overlapping markets (unless they have identified
each other on their short-form applications as parties with whom they
have entered into agreements under Section 1.2105(a)(2)(viii)), may not
discuss with each other their bids or bidding strategies relating to any
license on which either is eligible to bid. For Auction No. 71, this
prohibition became effective at the short-form application filing
deadline on Friday, March 16, 2007, and will end on the post-auction
down payment deadline, which will be announced in a future public
notice.[^21] **This prohibition applies to all applicants regardless of
whether such applicants became qualified bidders or actually bid.**[^22]
The prohibition continues for all applicants until the down payment
deadline regardless of whether an applicant became a winning bidder and
needs to make an additional payment by the down payment deadline.

For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
"applicant" to include 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.[^23] 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 or communications prohibited by the
anti-collusion rule.[^24]

Applicants competing for licenses for any of the same or overlapping
geographic license areas must not communicate directly or indirectly
about bids or bidding strategy.[^25] Applicants competing for licenses
in any of the same designated markets are encouraged not to use the same
individual as an authorized bidder.[^26] 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 take
precautionary steps to prevent communication between authorized
bidders.[^27] However, the Bureau cautions that merely filing a
certifying statement as part of the short-form application will not
outweigh specific evidence that collusive behavior has occurred, nor
will it preclude the initiation of an investigation when warranted.[^28]

We also expressly note for applicants that, in this limited information
disclosure auction, public disclosure of information relating to bidder
interests and bidder identities that is confidential in this auction at
the time of disclosure may violate the anti-collusion rule. Thus,
communication by an applicant to another applicant for one or more of
the same licenses of the applicant's license selections on its
short-form application, or of the fact that the applicant does or does
not hold provisionally winning bids on particular licenses, may well
violate the anti-collusion rule. Bidders 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 prohibited bidding information. For example, where
limited information disclosure procedures are in place, as in this
auction, a qualified bidder's statement to the press that it has lost
bidding eligibility and stopped bidding in the auction could give rise
to a finding of an anti-collusion rule violation.[^29]

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.[^30] Thus, Section 1.65 requires auction applicants
that engage in a communication of bids or bidding strategies that
results 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 any prohibited discussion or disclosure 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.[^31]

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 relating to the competitive bidding
process into which they have entered with any other party or
parties.[^32] Any applicant found to have violated the anti-collusion
rule may be subject to sanctions.[^33] 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.[^34]

**Submission of Auction-Related Filings.** As noted above, applicants
seeking to amend their short-form applications during the auction must
make modifications to their short-form applications electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction71@fcc.gov>.

Parties wishing to submit requests, complaints, or other information
concerning Auction No. 71 also should send a copy by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction71@fcc.gov>, in addition to
following other procedures prescribed by the Commission's rules. The
Commission occasionally receives complaints regarding certain bidders
and requests to suspend bidding during an auction. While the Commission
reserves the right to take appropriate action during an auction to
preserve the integrity of the auction process, it is generally our
practice to address any such allegations only after the winning bidders
have submitted their long-form applications, when there is greater
opportunity for investigation of such allegations, if warranted. The
Commission will not investigate any complaints or allegations that are
not accompanied by full contact information, including name, address,
and telephone number, for the complaining party or parties.

Finally, parties wishing to make suggestions concerning Auction No. 71
or future auctions are encouraged to present such ideas using the
suggestion feature of the FCC Auction System. (As mentioned above, this
feature is not an appropriate mechanism for posing time-sensitive
questions that need an immediate response.) Commission staff considers
all suggestions, but may not always provide an individualized response.

**Long-Form Applications.** Within ten days after release of the auction
closing notice, each winning bidder must electronically submit a
properly completed long-form application (FCC Form 601), for each
license that it won in Auction No. 71.[^35] Applicants that claim
entrepreneur eligibility or eligibility to receive a small business or
very small business bidding credit should be aware that, following the
auction, they will be subject to more extensive reporting requirements
contained in the Commission's Part 1 ownership disclosure rule.[^36] In
addition, applicants with foreign ownership interests will be required
to comply with 47 U.S.C. § 310(b) at the long-form application stage.
Further filing instructions will be provided to auction winners at the
close of the auction.[^37]

For additional information regarding this public notice, please contact:

Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau:

For auction procedure, bidding and general information questions:

Roy Knowles or Lisa Stover at (717) 338-2868

For auction legal questions:

Stephen Johnson at (202) 418-0660

Mobility Division, Wireless Telecommunications Bureau:

For legal and service rule questions:

Michael Connelly (legal) or Keith Harper (technical) at (202) 418-0620

For technical questions about software or hardware, please contact FCC
Technical Support at (877) 480-3201, option nine; (202) 414-1250; or
(202) 414-1255 (TTY).

**[- FCC
-]{.smallcaps}**![](media/image1.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^1]: "Auction of Broadband PCS Spectrum Licenses Scheduled for May 16,
    2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront
    Payments and Other Procedures for Auction No. 71," *Public Notice*,
    22 FCC Rcd 433 ("*Auction No. 71 Procedures Public Notice*").

[^2]: "Auction of Broadband PCS Spectrum Scheduled for May 16, 2007;
    Comment Sought on Competitive Bidding Procedures for Auction No.
    71," *Public Notice*, 21 FCC Rcd 13,392, 13,395 (citing "Auction of
    Advanced Wireless Services Licenses Scheduled for June 29, 2006,
    Notice and Filing Requirements, Minimum Opening Bids, Upfront
    Payments and Other Procedures for Auction No. 66," *Public Notice,*
    21 FCC Rcd 4562, 4565, 4600-06); *see also Auction No. 71 Procedures
    Public Notice*, 22 FCC Rcd at 463.

[^3]: *Auction No. 71 Procedures Public Notice*, 22 FCC Rcd at 463. The
    eligibility ratio is defined as the total number of bidding units of
    eligibility purchased by bidders through their upfront payments
    divided by the total number of bidding units for the licenses in the
    auction. *Id.* at 435-36*.*

[^4]: For example, if only two applicants become qualified to
    participate in the bidding for an auction, limited information
    procedures would be ineffective in preventing bidders from knowing
    the identity of the competing bidder and, therefore, limited
    information procedures would not serve to deter attempts at
    signaling and retaliatory bidding behavior.

[^5]: We note that there are 23 qualified bidders, so that the
    circumstances described in the above footnote are not applicable in
    Auction No. 71.

[^6]: One applicant, Highland Cellular Holdings, Inc. ("Highland
    Cellular"), qualified as a bidder in Auction No. 71, but is not
    eligible for the bidding credit originally requested in its
    short-form application. Specifically, during the resubmission period
    Highland Cellular amended its short-form application with updated
    financial information and requested the 15% bidding credit instead
    of the 25% bidding credit. Therefore, it is qualified to bid in the
    auction with a 15% bidding credit, consistent with the bidding
    credit revenue range shown in Attachment A.

[^7]: *See* 47 C.F.R. § 1.2105(c); *see also Auction No. 71 Procedures
    Public Notice*, 22 FCC Rcd at 439.

[^8]: *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).

[^9]: Requests concerning application qualifications and eligibility for
    a bidding credit are generally considered after the auction during
    the long-form application process. 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.

[^10]: *Auction No. 71 Procedures Public Notice*; *see also* "Auction of
    Broadband PCS Spectrum Licenses, Status of Short-Form Applications
    to Participate in Auction No. 71," *Public Notice*, DA 07-1603 (rel.
    April 9, 2007).

[^11]: The length of a call to place a telephonic bid may vary; please
    allow a minimum of 10 minutes.

[^12]: *Auction No. 71 Procedures Public Notice*, 22 FCC Rcd at 470.
    Attachment A of the *Auction No. 71 Procedures Public Notice* sets
    forth the minimum opening bid amounts for each license offered in
    Auction No. 71.

[^13]: *Auction No. 71 Procedures Public Notice*, 22 FCC Rcd at 463-66.

[^14]: Please note that the sample Round Results file was recently
    replaced to correct an error in the sample file that was previously
    available.

[^15]: *See* 47 C.F.R. § 1.65.

[^16]: *See* 47 C.F.R. § 1.2105(b).

[^17]: *Id*.

[^18]: *Auction No. 71 Procedures Public Notice*, 22 FCC Rcd at 442-44.

[^19]: Bidders must have sufficient bidding eligibility to place a bid
    on a given license.

[^20]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). *See also*
    *Auction No. 71 Procedures Public Notice*, 22 FCC Rcd at 439-42, for
    a discussion of the anti-collusion rules for Auction No. 71. *See*
    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*"); *see also
    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).

[^21]: 47 C.F.R. § 1.2105(c)(1).

[^22]: *See, e.g.*, Star Wireless, LLC, *Forfeiture Order*, 19 FCC Rcd
    18626 (EB 2004) (imposing forfeiture in the amount of \$100,000 for
    violation of the anti-collusion rule, even though an 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 (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, 16 FCC Rcd 10080 (WTB Auc.
    Div. 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).

[^23]: 47 C.F.R. § 1.2105(c)(7)(i).

[^24]: "Wireless Telecommunications Bureau Clarifies Spectrum Auction
    Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645 (1995).

[^25]: *See Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶
    6.

[^26]: *Auction No. 71 Procedures Public Notice*, 22 FCC Rcd at 440.

[^27]: *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).

[^28]: *Id*., 13 FCC Rcd at 11978 ¶ 13.

[^29]: *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.").

[^30]: 47 C.F.R. § 1.65.

[^31]: 47 C.F.R. §§ 1.65, 1.2105(c)(6); *see also Part 1* *Seventh
    Report and Order*, 16 FCC Rcd at 17555 ¶ 17.

[^32]: *See* 47 C.F.R. § 1.2107(d).

[^33]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^34]: *See* 47 C.F.R. § 1.2109(d).

[^35]: *See* 47 C.F.R. § 1.2107.

[^36]: *See* 47 C.F.R. § 1.2112(b).

[^37]: *See* 47 C.F.R. §§ 1.2107, 1.2109(a).