**DA 00-1449**

**June 29, 2000**

**[Due Diligence Announcement]{.smallcaps}**

**[For Upcoming 800 MHz Spectrum Auctions]{.smallcaps}**

\_\_\_\_\_\_

General Category Channels

Auction (No. 34) on August 16, 2000

Lower 80 Channels

Auction (No. 36) on November 1, 2000

\_\_\_\_\_\_

This Public Notice provides due diligence information, as of June 20,
2000, for potential bidders in the auctions for (1) the General Category
channels of the 800 MHz band (Auction No. 34),[^1] scheduled for August
16, 2000, and (2) the lower 80 channels of the 800 MHz band (Auction No.
36), scheduled for November 1, 2000.[^2]

Potential bidders are reminded that certain filings, including waiver
requests, petitions for reconsideration, and applications for review,
are pending before the Commission and relate to particular applicants or
incumbent 800 MHz licensees. Resolution of these matters could affect
the availability of spectrum for licensees in the 800 MHz bands. While
the Commission will continue to act on such pending matters, some of
these matters may not be resolved by the time of the 800 MHz auctions.

To aid potential bidders, attached to this public notice is a list of
matters that are known to be pending before the Commission, as of June
28, 2000, and which relate to the licenses or applications for 800 MHz
channels covered either by Auctions 34 or 36 (*see* Attachments A, B,
and C, respectively). The Commission makes no representations or
guarantees that the listed matters are the only pending matters that
could affect spectrum availability in the 800 MHz band in Auctions No.
34 and 36. Potential bidders are solely responsible for investigating
and evaluating the degree to which such pending matters may affect
spectrum availability in areas where they seek licenses.

Copies of the pleadings related to the matters listed in the attachments
to this public notice are available for public inspection and copying by
contacting either Esther Hayes or Louann Laughman by phone at (717)
338-2604, or by mail via Licensing and Technical Analysis Branch,
Commercial Wireless Division, Wireless Telecommunications Bureau,
Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA
17325. Copies of the pleadings may also be obtained from the
International Transcription Service, Inc. (ITS), 1231 20th Street, N.W.,
Washington, DC 20036. In addition, potential bidders may use the
Internet to research the Bureau\'s licensing databases in order to
determine which frequencies are already licensed to incumbent licensees.
Potential bidders may have to select other databases to perform research
because the 800 MHz incumbent licensing records have not yet been
converted to the Universal Licensing System (ULS). The licensing
database (not the pleadings) is available for on-line review.[^3]
Additionally, the Land Mobile database may also be queried online.[^4]

The Commission makes no representations or guarantees regarding the
accuracy or completeness of information that has been provided by
incumbent licensees and incorporated into the databases. Potential
bidders are strongly encouraged to physically inspect any sites located
in or near the geographic area for which they plan to bid.

**[Parties May Submit Additions or Corrections]{.underline}**

Parties may submit additions or corrections to the list, provided such
additions or corrections are filed with the Commission by July 15, 2000.
Such submissions should be limited to identifying pleadings or papers
previously filed with the Commission. No new pleadings or arguments on
the merits will be accepted except as explicitly provided by Commission
rules. Corrections and additions must be filed with the Office of the
Secretary, Federal Communications Commission, 445 12th Street, S.W.,
Washington, DC 20554. One copy of each submission should also be sent to
each of the following: (1) Terry Fishel, Commercial Wireless Division,
Wireless Telecommunications Bureau, Federal Communications Commission,
1270 Fairfield Road, Suite 16, Gettysburg, PA 17325; (2) Chris Gacek,
Policy and Rules Branch, Commercial Wireless Division, Wireless
Telecommunications Bureau, Room 4-A233, Federal Communications
Commission, 445 12th Street, S.W., Washington, DC 20554; and the (3)
International Transcription Service, Inc. (ITS), 1231 20th Street, N.W.,
Washington, DC 20036. Parties filing additions or corrections should
refer to this public notice by document number (*i.e*., DA 00-1449).
Parties are also reminded that contested proceedings are restricted
proceedings governed by the Commission\'s ex parte rules. *See
generally*, 47 C.F.R. §§ 1.1200-1.1216. In such proceedings, submissions
filed pursuant to this Public Notice must be served on all parties.

For further information, contact Esther Hayes or Louann Laughman by mail
via Licensing and Technical Analysis Branch, Commercial Wireless
Division, Wireless Telecommunications Bureau, Federal Communications
Commission, 1270 Fairfield Road, Gettysburg, PA 17325, or by phone at
(717) 338-2604.

**- FCC -**

[^1]: *Public* *Notice*, Auction of Licensees For 800 MHz Specialized
    Mobile Radio (SMR) Service in the General Category Band (851-854
    MHz) and Upper Band (861-865 MHz), DA 00-1100 (rel. May 18, 2000)
    (rescheduling auction from August 23^rd^ to August 16, 2000, and
    announcing procedures and minimum opening bids); *see* *also*,
    *Public Notice*, Auction of Licenses for 800 MHz Specialized Mobile
    Radio (SMR) Service General Category Frequencies in the 851-854 MHz
    Band Scheduled for August 23, 2000: Comment Sought on Reserve Prices
    or Minimum Opening Bids and Other Auction Procedures, DA 00-667
    (rel. March 23, 2000), 65 Fed. Reg. 17268 (March 31, 2000); *Public*
    *Notice*, Auction of Additional Licenses for 800 MHz Specialized
    Mobile Radio (SMR) Service to Be Included in Auction No. 34
    Scheduled for August 23, 2000: Comment Sought on Reserve Prices or
    Minimum Opening Bids and Other Auction Procedural Issues, DA 00-877
    (rel. April 18, 2000); *Public Notice*, Clarification of 800 MHz
    Specialized Mobile Radio (SMR) Service In the General Category Band
    (851-854 MHz), DA 00-1364 (rel. June 21, 2000)(listing General
    Category channels that will be available for use near the Canadian
    and Mexican borders).

[^2]: *Public Notice*, Auction of Licenses for 800 MHz Specialized
    Mobile Radio (SMR) Frequencies in the Lower 80 Channels Scheduled
    for September 13, 2000, DA 00-668 (rel. March 23, 2000), 65 Fed Reg.
    17272 (March 31, 2000); *see also*, *Public* *Notice*, Auction of
    Licenses for 800 MHz Specialized Mobile Radio (SMR) Service
    Frequencies in the Lower 80 Channels: Auction Notice and Filing
    Requirements for 2,800 Licenses in the 800 MHz SMR Service
    Frequencies Lower 80 Channels, DA 00-1388 (rel. June 23, 2000)
    (rescheduling auction from Sept. 23^rd^ to Nov. 1, 2000, and
    announcing procedures and minimum opening bids).

[^3]: *See*, http://www.fcc.gov/wtb/databases.html

[^4]: *See*, http://gullfoss.fcc.gov/cgi‑bin/wtb_pt_rad/ptradsrch.sh