**DA 00-112**

**January 21, 2000**

**AUCTION OF LICENSES FOR**

**FIXED POINT-TO-POINT MICROWAVE SERVICES**

**IN THE 38.6 to 40.0 GHz (39 GHz) BAND**

**Auction Notice and Filing Requirements**

**for 2,450 Licenses in the 39 GHz Band**

**Auction Scheduled for April 12, 2000**

**Minimum Opening Bids and Other Procedural Issues**

**Report No. AUC-99-30-B (Auction No. 30 )**

I. **GENERAL INFORMATION** [4](#general-information)

A. Introduction [4](#introduction)

1\. Background of Proceeding [4](#background-of-proceeding)

2\. Scheduling [5](#scheduling)

3\. Licenses to Be Auctioned [5](#licenses-to-be-auctioned)

B. Rules and Disclaimers [6](#rules-and-disclaimers)

1\. Relevant Authority [6](#relevant-authority)

2\. Prohibition of Collusion [7](#prohibition-of-collusion)

3\. Due Diligence [8](#due-diligence)

4\. Incumbent Licensees [9](#incumbent-licensees)

5\. Bidder Alerts [10](#bidder-alerts)

6\. National Environmental Policy Act (NEPA) Requirements
[10](#national-environmental-policy-act-nepa-requirements)

C. Auction Specifics [11](#auction-specifics)

1\. Auction Date [11](#auction-date)

2\. Auction Title [11](#auction-title)

3\. Bidding Methodology [11](#bidding-methodology)

4\. Pre-Auction Dates and Deadlines
[11](#pre-auction-dates-and-deadlines)

5\. List of Attachments to this Public Notice
[11](#list-of-attachments-to-this-public-notice)

6\. Participation [12](#participation)

7\. General Contact Information [12](#general-contact-information)

II\. **SHORT-FORM (FCC FORM 175) APPLICATION REQUIREMENTS**
[13](#short-form-fcc-form-175-application-requirements)

A. Ownership Disclosure Requirements (Form 175 Exhibit A)
[13](#ownership-disclosure-requirements-form-175-exhibit-a)

B. Consortia And Joint Bidding Arrangements (Form 175 Exhibit B)
[13](#consortia-and-joint-bidding-arrangements-form-175-exhibit-b)

C. Small Business Bidding Credits (Form 175 Exhibit C)
[14](#small-business-bidding-credits-form-175-exhibit-c)

1\. Eligibility [14](#eligibility)

2\. Application Showing [15](#application-showing)

3\. Bidding Credits [15](#bidding-credits)

D. Other Information (Form 175 Exhibits D and E)
[16](#other-information-form-175-exhibits-d-and-e)

E. Minor Modifications to Short-Form Applications (FCC Form 175)
[16](#minor-modifications-to-short-form-applications-fcc-form-175)

F. Maintaining Current Information in Short-Form Applications (FCC Form
175)
[16](#maintaining-current-information-in-short-form-applications-fcc-form-175)

III\. **PRE-AUCTION PROCEDURES** [17](#pre-auction-procedures)

A. Auction Seminar [17](#auction-seminar)

B. Short-Form Application (FCC Form 175) \-- Due March 13, 2000
[17](#short-form-application-fcc-form-175----due-march-13-2000)

1\. Electronic Filing [17](#electronic-filing)

2\. Completion of the FCC Form 175 [17](#completion-of-the-fcc-form-175)

3\. Electronic Review of FCC Form 175
[17](#electronic-review-of-fcc-form-175)

C. Application Processing and Minor Corrections
[18](#application-processing-and-minor-corrections)

D. Upfront Payments \-- Due March 27, 2000
[18](#upfront-payments----due-march-27-2000)

1\. Making Auction Payments by Wire Transfer
[18](#making-auction-payments-by-wire-transfer)

2\. FCC Form 159 [19](#fcc-form-159)

3\. Amount of Upfront Payment [19](#amount-of-upfront-payment)

4\. Applicant\'s Wire Transfer Information for Purposes of Refunds
[21](#applicants-wire-transfer-information-for-purposes-of-refunds)

E. Auction Registration [22](#auction-registration)

F. Remote Electronic Bidding Software
[22](#remote-electronic-bidding-software)

G. Mock Auction [23](#mock-auction)

IV\. **AUCTION EVENT** [23](#auction-event)

A. Auction Structure [23](#auction-structure)

1\. Simultaneous Multiple Round Auction
[23](#simultaneous-multiple-round-auction)

2\. Maximum Eligibility and Activity Rules
[23](#maximum-eligibility-and-activity-rules)

3\. Activity Rule Waivers and Reducing Eligibility
[24](#activity-rule-waivers-and-reducing-eligibility)

4\. Auction Stages [25](#auction-stages)

5\. Stage Transitions [26](#stage-transitions)

6\. Auction Stopping Rules [26](#auction-stopping-rules)

7\. Auction Delay, Suspension, or Cancellation
[28](#auction-delay-suspension-or-cancellation)

B. Bidding Procedures [28](#bidding-procedures)

1\. Round Structure [28](#round-structure)

2\. Reserve Price or Minimum Opening Bid
[28](#reserve-price-or-minimum-opening-bid)

3\. Bid Increments and Minimum Accepted Bids
[31](#bid-increments-and-minimum-accepted-bids)

4\. High Bids [32](#high-bids)

5\. Bidding [32](#bidding)

6\. Bid Removal and Bid Withdrawal [33](#bid-removal-and-bid-withdrawal)

7\. Round Results [34](#round-results)

8\. Auction Announcements [35](#auction-announcements)

9\. Maintaining the Accuracy of FCC Form 175 Information
[35](#maintaining-the-accuracy-of-fcc-form-175-information)

V. **POST-AUCTION PROCEDURES** [35](#post-auction-procedures)

A. Down Payments and Withdrawn Bid Payments
[35](#down-payments-and-withdrawn-bid-payments)

B. Long-Form Application [35](#long-form-application)

C. Default and Disqualification [35](#default-and-disqualification)

D. Refund of Remaining Upfront Payment Balance
[36](#refund-of-remaining-upfront-payment-balance)

VI\. **ATTACHMENT A**---Licenses to be Auctioned [37](#attachment-a)

VII\. **ATTACHMENT B**---Pending Cases in the 39 GHz Proceeding
[44](#attachment-b)

VIII\. **ATTACHMENT C**---Auction Seminar Registration Form
[49](#attachment-c)

IX\. **ATTACHMENT D**---Electronic Filing and Review of the FCC Form 175
[50](#attachment-d)

X. **ATTACHMENT E**---Completing FCC Forms 175 and 159
[52](#attachment-e)

XI\. **ATTACHMENT F**---Remote Bidding Software Order Form
[61](#attachment-f)

XII\. **ATTACHMENT G**---Exponential Smoothing Formula and Calculation
[62](#attachment-g)

XIII\. **ATTACHMENT H**---Accessing the FCC Network [64](#attachment-h)

XIV\. **ATTACHMENT I**---Monitoring FCC Auctions Online
[70](#attachment-i)

XV\. **ATTACHMENT J**---Summary of Documents Addressing the
Anti-Collusion Rules [77](#attachment-j)

# General Information

## Introduction

This Public Notice announces the procedures and minimum opening bids for
the upcoming auction of licenses for fixed point-to-point microwave
services in the 38.6 to 40.0 GHz band ("Auction No. 30"). On November
23, 1999, the Wireless Telecommunications Bureau (\"Bureau\") released a
Public Notice,[^1] seeking comment on the establishment of reserve
prices or minimum opening bids for Auction No. 30, in accordance with
the Balanced Budget Act of 1997.[^2] In addition, the Bureau sought
comment on a number of procedures to be used in Auction No. 30.[^3] The
Bureau received seven comments and four reply comments in response to
the *39 GHz Comment Public Notice*.[^4]

### Background of Proceeding

In March 1997, the Federal Communications Commission ("Commission")
released a *Memorandum Opinion and Order* that modified the interim
rules for fixed point-to-point microwave services in the 39 GHz
band.[^5] On November 3, 1997, the Commission released a *Report and
Order and Second Notice of Proposed Rule Making* that revised the
licensing and technical rules for the fixed point-to-point microwave
service in the 39 GHz band, and dismissed certain 39 GHz applications
and amendments thereto that had been held in abeyance.[^6] On July 29,
1999, the Commission released a *Second Memorandum Opinion and Order*
that addressed pleadings filed concerning these two Commission
orders.[^7] In the *Second Memorandum Opinion and Order*, the Commission
revisits the 39 GHz band service areas, channelization plan, performance
requirements, licensing rules and disposition of pending applications,
and affirms application of the standard method for calculating unjust
enrichment payments on a pro rata basis.

### Scheduling

Parties responding to the *39 GHz Comment Public Notice* raise several
reasons for delaying the auction. RTG and NCTA contend that Auction No.
30 is scheduled to begin too close in time to the anticipated start date
of the auction in the 746-764 MHz and 776-794 MHz bands (\"700 MHz
bands\"). They argue that companies interested in acquiring both 39 GHz
and 700 MHz band spectrum will be forced to prepare for two auctions
simultaneously, effectively prohibiting small and rural
telecommunications companies from participating in one of the
auctions.[^8] Commenters therefore contend that Auction No. 30 should be
postponed. We disagree. We believe that the proposed schedule provides
sufficient time for potential bidders interested in acquiring both 39
GHz and 700 MHz band spectrum to analyze availability and due diligence
issues.[^9] We therefore adopt, with a slight modification, our proposed
auction schedule. Specifically, we will move the auction start date from
April 11, 2000 to April 12, 2000.

### Licenses to Be Auctioned 

The licenses available in this auction consist of fourteen 100 megahertz
licenses (paired 50 megahertz channel blocks) in each of 172 Economic
Areas (EAs) and 3 EA-like areas, covering the United States, the
Northern Mariana Islands, Guam, American Samoa, the United States Virgin
Islands and Puerto Rico. These licenses are listed in this Public Notice
under Attachment A. The following table contains the Block/Frequency
Band Limits Cross-Reference List for the 39 GHz band:

> **39 GHz Channels**

  ---------- ----------- ----------------- ----------- ------------------
  License    Channel No. Frequency         Channel No. Frequency
  Suffix                                               

  A          1-A         38,600-38,650     1-B         39,300-39,350

  B          2-A         38,650-38,700     2-B         39,350-39,400

  C          3-A         38,700-38,750     3-B         39,400-39,450

  D          4-A         38,750-38,800     4-B         39,450-39,500

  E          5-A         38,800-38,850     5-B         39,500-39,550

  F          6-A         38,850-38,900     6-B         39,550-39,600

  G          7-A         38,900-38,950     7-B         39,600-39,650

  H          8-A         38,950-39,000     8-B         39,650-39,700

  I          9-A         39,000-39,050     9-B         39,700-39,750

  J          10-A        39,050-39,100     10-B        39,750-39,800

  K          11-A        39,100-39,150     11-B        39,800-39,850

  L          12-A        39,150-39,200     12-B        39,850-39,900

  M          13-A        39,200-39,250     13-B        39,900-39,950

  N          14-A        39,250-39,300     14-B        39,950-40,000
  ---------- ----------- ----------------- ----------- ------------------

##  {#section .unnumbered}

## Rules and Disclaimers

### Relevant Authority

Prospective bidders must familiarize themselves thoroughly with the
Commission\'s Rules relating to the 39 GHz band, contained in Title 47,
Part 101 of the Code of Federal Regulations, and those relating to
application and auction procedures, contained in Title 47, Part 1 of the
Code of Federal Regulations.

Prospective bidders must also be thoroughly familiar with the
procedures, terms and conditions (collectively, \"Terms\") contained in
the *Memorandum Opinion and Order* in ET Docket No. 95-183, 12 FCC Rcd
2910 (1997); the *Report and Order and Second Notice of Proposed Rule
Making* in ET Docket No. 95-183, 12 FCC Rcd 18600 (1997); the
*Memorandum Opinion and Order* in ET Docket No. 95-183, FCC 99-179 (rel.
July 29, 1999), 64 Fed. Reg. 59663 (November 3, 1999).

The terms contained in the Commission\'s Rules, relevant orders and
public notices are not negotiable. The Commission may amend or
supplement the information contained in our public notices at any time,
and will issue public notices to convey any new or supplemental
information to bidders. It is the responsibility of all prospective
bidders to remain current with all Commission Rules and with all public
notices pertaining to this auction. Copies of most Commission documents,
including public notices, can be retrieved from the FCC Internet node
via anonymous ftp \@ftp.fcc.gov or the FCC Auctions World Wide Web site
at [http://www.fcc.gov/wtb/auctions]{.underline}. Additionally,
documents may be obtained for a fee by calling the Commission\'s copy
contractor, International Transcription Service, Inc. (ITS), at (202)
314-3070. When ordering documents from ITS, please provide the
appropriate FCC number (for example, FCC 99-98 for the *Memorandum
Opinion and Order*).

### Prohibition of Collusion 

To ensure the competitiveness of the auction process, the Commission\'s
rules prohibit applicants for the same geographic license area from
communicating with each other during the auction about bids, bidding
strategies, or settlements.[^10] This prohibition begins with the filing
of short-form applications, and ends on the down payment due date.
Bidders competing for the same license(s) are encouraged not to use the
same individual as an authorized bidder. A violation of the
anti‑collusion rule could occur if an individual acts as the authorized
bidder for two or more competing applicants, and conveys information
concerning the substance of bids or bidding strategies between the
bidders he/she is authorized to represent in the auction. Also, if the
authorized bidders are different individuals employed by the same
organization (*e.g.*, law firm or consulting firm), a violation could
similarly occur. At a minimum, in such a case, applicants should certify
on their applications that precautionary steps have been taken to
prevent communication between authorized bidders and that applicants and
their bidding agents will comply with the anti‑collusion rule.[^11]

The Bureau, however, cautions that merely filing a certifying statement
as part of an application will not outweigh specific evidence that
collusive behavior has occurred nor will it preclude the initiation of
an investigation when warranted.[^12] In Auction No. 30, for example,
the rule would apply to any applicants bidding for the same EA.
Therefore, applicants that apply to bid for \"all markets\" would be
precluded from communicating with all other applicants after filing the
FCC Form 175. However, applicants may enter into bidding agreements
*before* filing their FCC Form 175 short-form applications, as long as
they disclose the existence of the agreement(s) in their Form 175
short-form applications.[^13] By signing their FCC Form 175 short form
applications, applicants are certifying their compliance with Section
1.2105(c). 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.[^14] Thus, Section 1.65 requires an auction
applicant to notify the Commission of any violation of the
anti-collusion rules upon learning of such violation. Bidders are
therefore required to make such notification to the Commission
immediately upon discovery.

### Due Diligence

Potential bidders should also be aware that certain applications
(including those for modification), waiver requests, petitions to deny,
petitions for reconsideration, and applications for review are pending
before the Commission that relate to particular applicants or incumbent
licensees. In addition, certain decisions reached in this proceeding are
subject to judicial appeal and may be the subject of additional
reconsideration or appeal. We note that resolution of these matters
could have an impact on the availability of spectrum for EA licensees in
the 39 GHz band. In addition, while the Commission will continue to act
on pending applications, requests and petitions, some of these matters
may not be resolved by the time of the auction.

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 EA licenses.

To aid potential bidders, Attachment B to this Public Notice lists
matters pending before the Commission that relate to licenses or
applications in the 39 GHz band. The Commission makes no representations
or guarantees that the listed matters are the only pending matters that
could affect spectrum availability in the 39 GHz band.

Copies of pleadings from pending cases relating to the 39 GHz band
identified in Attachment B are available for public inspection and
copying during normal reference room hours at: Office of Public Affairs
(OPA), Reference Operations Division, 445 Twelfth Street, S.W., Room
CY-C314, Washington, D.C. 20554.

In addition, potential bidders may research the Bureau's licensing
databases on the World Wide Web in order to determine which frequencies
are already licensed to incumbent licensees.

Licensing records for the 39 GHz band are contained in the Bureau's ULS
and may be researched on the Internet at
[http://www.fcc.gov/wtb/uls]{.underline} by selecting the "License
Search" button in the left frame. Potential bidders may query the
database online and download a copy of their search results if desired.
The Bureau recommends that potential bidders select the "Frequency"
option under License Search, specify the desired frequency, and use the
"GeoSearch" button at the bottom of the screen to limit their searches
to a particular geographic area. Detailed instructions on using License
Search (including frequency searches and the GeoSearch capability) and
downloading query results are available online by selecting the "?"
button at the bottom right-hand corner of the License Search screen.

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 database. Potential
bidders are strongly encouraged to physically inspect any sites located
in or near the geographic area for which they plan to bid.

We remind potential bidders that the National Telecommunications and
Information Administration (NTIA) has reviewed the *Memorandum Opinion
and Order* addressing the 39 GHz band and provides related
comments.[^15]

The Federal Communications Commission and the Department of Industry of
Canada have signed an interim arrangement ("Arrangement") regarding
sharing between broadband wireless systems in the 39 GHz band along the
U.S. and Canadian border. This Arrangement applies to both new
facilities and facilities in existence prior to the date of the
arrangement. The full text of the Arrangement has been placed on file at
the International Bureau Reference Room CY-A257, located on the Court
Yard level of 445 12^th^ Street, S.W. Copies are also available from the
International Transcription Service at (202) 857-3800 and can be
downloaded from the Commission's International Bureau Internet site at
[http://www.fcc.gov/ib/pnd/agree]{.underline}.

Potential bidders should also be aware that satellite power flux density
limits, which are currently applicable in the 39 GHz band, are subject
to change. The Commission is working with certain members of the
wireless and satellite communities to develop a proposal, to present at
the World Radiocommunication Conference in May of this year, that would
establish a harmonized global plan covering the 37.5-42.5 GHz band. The
Commission is seeking adoption of certain proposals that would reduce
the impact of satellite operations on terrestrial users of the 39 GHz
band. Although both terrestrial and satellite services currently have
access to the 39 GHz band, if current proposals are not adopted,
satellite operations could present interference concerns for terrestrial
services in this band. This matter was noted in the Commission\'s *Order
on Reconsideration*, adopted November 29, 1999.[^16]

Potential bidders should direct questions regarding the search
capabilities described above to the FCC Technical Support Hotline at
(202) 414-1250 (voice) or (202) 414-1255 (TTY), or via email at
ulscomm@fcc.gov. The hotline is available Monday through Friday, from
8:00 AM to 6:00 PM Eastern Time. In order to provide better service to
the public, *all calls to the hotline are recorded*.

### Incumbent Licensees

Potential bidders are reminded that there are incumbent licensees
operating on frequencies that are subject to the upcoming auction.
Incumbent licensees retain the exclusive right to use those channels
within their self-defined rectangular service areas. The holder of an EA
authorization thus will be required to implement its facilities to
protect incumbents from harmful interference. Specifically, an EA
authorization holder will be required to coordinate with the incumbent
licensees by using the interference protection criteria in Section
101.103 of the Commission's rules. However, operational agreements are
encouraged between the parties. Should an incumbent lose its license,
the incumbent's service area(s) will convey to the relevant EA
authorization holder and it will be then entitled to operate within the
forfeited rectangular service area(s) located within its EA, without
being subject to further competitive bidding.

### Bidder Alerts 

All applicants must certify on their FCC Form 175 applications under
penalty of perjury that they are legally, technically, financially and
otherwise qualified to hold a license, and not in default on any payment
for Commission licenses (including down payments) or delinquent on any
non-tax debt owed to any Federal agency. Prospective bidders are
reminded that submission of a false certification to the Commission is a
serious matter that may result in severe penalties, including monetary
forfeitures, license revocations, exclusion from participation in future
auctions, and/or criminal prosecution.

The FCC makes no representations or warranties about the use of this
spectrum for particular services. Applicants should be aware that an FCC
auction represents an opportunity to become an FCC licensee in this
service, subject to certain conditions and regulations. An FCC auction
does not constitute an endorsement by the FCC of any particular
services, technologies or products, nor does an FCC license constitute a
guarantee of business success. Applicants should perform their
individual due diligence before proceeding as they would with any new
business venture.

As is the case with many business investment opportunities, some
unscrupulous entrepreneurs may attempt to use Auction No. 30 to deceive
and defraud unsuspecting investors. Common warning signals of fraud
include the following:

-   The first contact is a \"cold call\" from a telemarketer, or is made
    in response to an inquiry prompted by a radio or television
    infomercial.

-   The offering materials used to invest in the venture appear to be
    targeted at IRA funds, for example by including all documents and
    papers needed for the transfer of funds maintained in IRA accounts.

-   The amount of the minimum investment is less than \$25,000.

-   The sales representative makes verbal representations that: (a) the
    Internal Revenue Service (\"IRS\"), Federal Trade Commission
    (\"FTC\"), Securities and Exchange Commission (\"SEC\"), FCC, or
    other government agency has approved the investment; (b) the
    investment is not subject to state or federal securities laws;
    or (c) the investment will yield unrealistically high short-term
    profits. In addition, the offering materials often include copies of
    actual FCC releases, or quotes from FCC personnel, giving the
    appearance of FCC knowledge or approval of the solicitation.

Information about deceptive telemarketing investment schemes is
available from the FTC at (202) 326-2222 and from the SEC at (202)
942-7040. Complaints about specific deceptive telemarketing investment
schemes should be directed to the FTC, the SEC, or the National Fraud
Information Center at (800) 876-7060. Consumers who have concerns about
specific 39 GHz proposals may also call the FCC National Call Center at
(888) CALL-FCC ((888) 225-5322).

### National Environmental Policy Act (NEPA) Requirements

The licensee must comply with the Commission\'s rules regarding the
National Environmental Policy Act (NEPA). The construction of a 39 GHz
facility is a federal action and the licensee must comply with the
Commission\'s NEPA rules for each such facility. *See* 47 C.F.R.
§§1.1305-1.1319. The Commission\'s NEPA rules require that, among other
things, the licensee consult with expert agencies having NEPA
responsibilities, including the U.S. Fish and Wildlife Service, the
State Historic Preservation Office, the Army Corp of Engineers and the
Federal Emergency Management Agency (through the local authority with
jurisdiction over floodplains). The licensee must prepare environmental
assessments for facilities that may have a significant impact in or on
wilderness areas, wildlife preserves, threatened or endangered species
or designated critical habitats, historical or archaeological sites,
Indian religious sites, floodplains, and surface features. The licensee
must also prepare environmental assessments for facilities that include
high intensity white lights in residential neighborhoods or excessive
radio frequency emission.

## Auction Specifics

### Auction Date 

The auction will begin on Wednesday, April 12, 2000. The initial
schedule for bidding will be announced by Public Notice at least one
week before the start of the auction. Unless otherwise announced,
bidding on all licenses will be conducted on each business day until
bidding has stopped on all licenses.

### Auction Title

Auction No. 30 --- 39 GHz Band

### Bidding Methodology 

The bidding methodology for Auction No. 30 will be simultaneous multiple
round bidding. Bidding will be permitted only from remote locations,
either electronically (by computer) or telephonically.

### Pre-Auction Dates and Deadlines

> Auction Seminar March 2, 2000
>
> Short-Form Application (FCC FORM 175) March 13, 2000; 5:30 p.m. ET
>
> Upfront Payments (via wire transfer) March 27, 2000; 6:00 p.m. ET
>
> Orders for Remote Bidding Software March 28, 2000; 5:30 p.m. ET
>
> Mock Auction April 7, 2000

### List of Attachments to this Public Notice

> Attachment A Summary of 39 GHz Licenses to be Auctioned, Upfront
> Payments, Minimum Opening Bids
>
> Attachment B Pending Cases in the 39 GHz Proceeding
>
> Attachment C Auction Seminar Registration Form
>
> Attachment D Electronic Filing and Review of FCC Form 175
>
> Attachment E Guidelines for Completing the FCC 175 and 159
>
> Attachment F FCC Remote Bidding Software Order Form
>
> Attachment G Exponential Smoothing Formula and Example
>
> Attachment H Accessing the FCC Network Using Windows 95/98
>
> Attachment I How to Monitor FCC Auctions Online
>
> Attachment J Summary Listing of Documents from the Commission and the
> Wireless Telecommunications Bureau Addressing Application of the
> Anti-Collusion Rules

### Participation 

Those wishing to participate in the auction must:

-   Submit a short form application (FCC Form 175) electronically by
    5:30 pm ET, March 13, 2000.

-   Submit a sufficient upfront payment and a FCC Remittance Advice Form
    (FCC Form 159) by 6:00 pm ET, March 27, 2000.

-   Comply with all provisions outlined in this Public Notice.

### General Contact Information

GENERAL AUCTION INFORMATION FCC Auctions Hotline

General Auction Questions (888) CALL-FCC \[888-225-5322\]

Seminar Registration or direct (717) 338-2888

Orders for Remote Bidding Software Hours of service: 8 a.m. -- 5:30 p.m.
ET

***AUCTION LEGAL INFORMATION*** Auctions and Industry Analysis Division

Auction Rules, Policies, Regulations Legal Branch (202) 418-0660

***LICENSING INFORMATION*** Public Safety and Private Wireless Division

Rules, Policies, Regulations (202) 418-0680

Licensing Issues

Due Diligence

Incumbency Issues

***TECHNICAL SUPPORT*** FCC Auctions Technical Support Hotline

Electronic Filing Assistance (202) 414-1250 (Voice),

Software Downloading (202) 414-1255 (TTY)

Hours of service: 8 a.m. -- 6:00 p.m. ET

***PAYMENT INFORMATION*** FCC Auctions Accounting Branch

Wire Transfers (202) 418-1995

Refunds (202) 418-2843 (Fax)

***TELEPHONIC BIDDING*** Will be furnished only to qualified bidders

***FCC COPY CONTRACTOR*** International Transcription Services, Inc.

Additional Copies of 445 12^th^ Street, SW Room CY-B400

Commission Documents Washington, DC 20554

\(202\) 314-3070

***PRESS INFORMATION*** Meribeth McCarrick (202) 418-0654

***FCC FORMS*** (800) 418-3676 (outside Washington, DC)

\(202\) 418-3676 (in the Washington Area)

<http://www.fcc.gov/formpage>

***FCC INTERNET SITES*** <http://www.fcc.gov/wtb/auctions>

[http://www.fcc.gov](http://www.fcc.gov/)

[ftp://ftp.fcc.gov](ftp://ftp.fcc.gov/)

# SHORT-FORM (FCC FORM 175) APPLICATION REQUIREMENTS

Guidelines for completion of the short-form (FCC Form 175) are set forth
on Attachment E to this Public Notice. The short-form application seeks
the applicant's name and address, legal classification, status, bidding
credit eligibility, identification of the license sought, the authorized
bidders and contact persons.

## Ownership Disclosure Requirements (Form 175 Exhibit A)

All applicants must comply with the uniform Part 1 ownership disclosure
standards and provide information required by Sections 1.2105 and 1.2112
of the Commission's rules. Specifically, in completing Form 175,
applicants will be required to file an Exhibit A providing a full and
complete statement of the ownership of the bidding entity.[^17] The
ownership disclosure standards for the short-form are set forth in
Section 1.2112 of the Commission's rules.

## Consortia And Joint Bidding Arrangements (Form 175 Exhibit B)

Applicants will be required to identify on their short-form applications
any parties with whom they have entered into any consortium
arrangements, joint ventures, partnerships or other agreements or
understandings which relate in any way to the licenses being auctioned,
including any agreements relating to post-auction market structure.
*See* 47 C.F.R. §§ 1.2105(a)(2)(viii); 1.2105(c)(1). Applicants will
also be required to certify on their short-form applications that they
have not entered into any explicit or implicit agreements, arrangements
or understandings of any kind with any parties, other than those
identified, regarding the amount of their bids, bidding strategies, or
the particular licenses on which they will or will not bid. *See* 47
C.F.R*.* § 1.2105(a)(2)(ix). In cases where applicants have entered into
consortia or joint bidding arrangements, applicants must submit an
Exhibit B to the FCC Form 175.

A party holding a non-controlling, attributable interest in one
applicant will be permitted to acquire an ownership interest, form a
consortium with, or enter into a joint bidding arrangement with other
applicants for licenses in the same EA provided that (i) the
attributable interest holder certify that it has not and will not
communicate with any party concerning the bids or bidding strategies of
more than one of the applicants in which it holds an attributable
interest, or with which it has formed a consortium or entered into a
joint bidding arrangement; and (ii) the arrangements do not result in a
change in control of any of the applicants.[^18] While the
anti-collusion rules do not prohibit non-auction related business
negotiations among auction applicants, bidders are reminded that certain
discussions or exchanges could broach on impermissible subject matters
because they may convey pricing information and bidding strategies.

## Small Business Bidding Credits (Form 175 Exhibit C)

In the *Report and Order and Second Notice of Proposed Rule Making*, the
Commission adopted small business provisions to promote and facilitate
the participation of small businesses in competitive bidding for
licenses in the 39 GHz band.[^19]

### Eligibility

Bidding credits are available to small businesses and very small
businesses as defined in 47 C.F.R Section 101.1209(b). For purposes of
determining which entities qualify as very small businesses or small
businesses, the Commission will consider the gross revenues of the
applicant, its controlling interests, and the affiliates of the
applicant and its controlling interests. The Commission does not impose
specific equity requirements on controlling interests. Once principals
or entities with a controlling interest are determined, only the
revenues of those principals or entities, the applicant and their
affiliates will be counted in determining small business eligibility.
The term \"control\" includes both *de facto* and *de jure* control of
the applicant. Typically, *ownership of at least 50.1 percent of an
entity's voting stock evidences de jure control*. *De facto* control is
determined on a case-by-case basis.[^20] The following are some common
indicia of control:

-   the entity constitutes or appoints more than 50 percent of the board
    of directors or management committee;

-   the entity has authority to appoint, promote, demote, and fire
    senior executives that control the day-to-day activities of the
    licensee; or

-   the entity plays an integral role in management decisions.

A consortium of small businesses, or very small businesses is a
conglomerate organization formed as a joint venture between or among
mutually independent business firms, each of which *individually*
satisfies the definition of small or very small business in Section
101.1209. Thus, each consortium member must disclose its gross revenues
along with those of its affiliates, controlling interests, and
controlling interests\' affiliates. We note that although the gross
revenues of the consortium members will not be aggregated for purposes
of determining eligibility for small or very small business credits,
this information must be provided to ensure that each individual
consortium member qualifies for any bidding credit awarded to the
consortium.

### Application Showing

Applicants should note that they will be required to file supporting
documentation as Exhibit C to their FCC Form 175 short form applications
to establish that they satisfy the eligibility requirements to qualify
as a small business or very small business (or consortia of small or
very small businesses) for this auction.[^21] Specifically, for Auction
No. 30, applicants applying to bid as small or very small businesses (or
consortia of small or very small businesses) will be required to
disclose on Exhibit C to their FCC Form 175 short-form applications,
*separately and in the aggregate*, the gross revenues for the preceding
three years of each of the following: (1) the applicant; (2) the
applicant\'s affiliates; (3) the applicant\'s controlling interests; and
(4) the affiliates of the applicant\'s controlling interests.
Certification that the average gross revenues for the preceding three
years do not exceed the applicable limit is not sufficient. A statement
of the total gross revenues for the preceding three years is also
insufficient. The applicant must provide separately for itself, its
affiliates, and its controlling interests, a schedule of gross revenues
for *each* of the preceding three years, as well as a statement of total
average gross revenues for the three-year period. If the applicant is
applying as a consortium of very small or small businesses, this
information must be provided for each consortium member.

### Bidding Credits

Applicants that qualify under the definitions of small business, and
very small business (or consortia of small or very small businesses) as
are set forth in 47 C.F.R. § 101.1209, are eligible for a bidding credit
that represents the amount by which a bidder\'s winning bids are
discounted.[^22] The size of a 39 GHz band bidding credit depends on the
average gross revenues for the preceding three years of the bidder and
its controlling interests and affiliates:

-   A bidder with average gross revenues of not more than \$40 million
    for the preceding three years receives a 25 percent discount on its
    winning bids for 39 GHz band licenses ("small business");[^23]

-   A bidder with average gross revenues of not more than \$15 million
    for the preceding three years receives a 35 percent discount on its
    winning bids for 39 GHz band licenses ("very small business").[^24]

Bidding credits are not cumulative: qualifying applicants receive either
the 25 percent or the 35 percent bidding credit, but not both.

39 GHz band bidders should note that unjust enrichment provisions apply
to winning bidders that use bidding credits and subsequently assign or
transfer control of their licenses to an entity not qualifying for the
same level of bidding credit.[^25] Finally, bidders should also note
that there are no installment payment plans in Auction No. 30.

## Other Information (Form 175 Exhibits D and E)

Applicants owned by minorities or women, as defined in 47 C.F.R. §
1.2110(b)(2), may attach an exhibit (Exhibit D) regarding this status.
This applicant status information is collected for statistical purposes
only and assists the Commission in monitoring the participation of
\"designated entities\" in its auctions. Applicants wishing to submit
additional information may do so in Exhibit E --- Miscellaneous
Information --- to the FCC Form 175.

## Minor Modifications to Short-Form Applications (FCC Form 175)

After the short-form filing deadline (March 13, 2000), applicants may
make only minor changes to their FCC Form 175 applications. Applicants
will not be permitted to make major modifications to their applications
(*e.g*., change their license selections or proposed service areas,
change the certifying official or change control of the applicant or
change bidding credits). *See* 47 C.F.R. § 1.2105. Permissible minor
changes include, for example, deletion and addition of authorized
bidders (to a maximum of three) and revision of exhibits. Applicants
should make these changes on-line, and submit a letter to Amy Zoslov,
Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12th
Street, SW, Suite 4-A760 Washington, DC 20554, briefly summarizing the
changes. Questions about other changes should be directed to Kenneth
Burnley of the Auctions and Industry Analysis Division at (202)
418-0660.

## Maintaining Current Information in Short-Form Applications (FCC Form 175)

Applicants have an obligation under 47 C.F.R. §1.65, to maintain the
completeness and accuracy of information in their short-form
applications. Amendments reporting substantial changes of possible
decisional significance in information contained in FCC Form175
applications, as defined by 47 C.F.R. § 1.2105(b)(2), will not be
accepted and may in some instances result in the dismissal of the FCC
Form 175 application. Applicants should also be aware that failure to
report ownership changes rendering them ineligible to participate in the
auction under Section 309(l)(2) and applicable Commission rules, even if
that failure is inadvertent, could result in serious financial penalties
if they participate in competitive bidding and win a license. These
include default payments and revocation of license(s). Section 1.65
amendments to pending long-form applications, however, should be filed
after the auction and only by the winning bidder. The time for the
filing of such amendments to the auction winners\' long form
applications will be announced by subsequent Public Notice.

# PRE-AUCTION PROCEDURES

## Auction Seminar

On March 2, 2000, the FCC will sponsor a free seminar for Auction No. 30
at the Federal Communications Commission, located at 445 12^th^ Street,
S.W. Washington, D.C. The seminar will provide attendees with
information about pre-auction procedures, conduct of the auction, FCC
remote bidding software, and the 39 GHz band service and auction rules.
The seminar will also provide an opportunity for prospective bidders to
ask questions of FCC staff.

To register, complete the registration form included with this Public
Notice and submit it by Tuesday, February 29, 2000. Registrations are
accepted on a first-come, first-served basis.

## Short-Form Application (FCC Form 175) \-- Due March 13, 2000

In order to be eligible to bid in this auction, applicants must first
submit an FCC Form 175 application. This application must be submitted
electronically and received at the Commission by 5:30 p.m. ET on March
13, 2000. Late applications will not be accepted.

There is no application fee required when filing an FCC Form 175.
However, to be eligible to bid, an applicant must submit an upfront
payment. *See* Part III.D, *infra*.

### Electronic Filing

Applicants must file their FCC Form 175 applications
electronically.[^26] Applications may generally be filed at any time
from March 2, 2000 until 5:30 p.m. ET on March 13, 2000. Applicants are
strongly encouraged to file early, and applicants are responsible for
allowing adequate time for filing their applications. Applicants may
update or amend their electronic applications multiple times until the
filing deadline on March 13, 2000.

Applicants must press the \"Submit Form 175\" button on the \"Submit\"
page of the electronic form to successfully submit their FCC Forms 175.
Any form that is not submitted will not be reviewed by the FCC.
Information about accessing the FCC Form 175 is included in Attachment
D. Technical support is available at (202) 414-1250 (voice) or (202)
414-1255 (text telephone (TTY)); the hours of service are 8 a.m. to 6
p.m. ET, Monday through Friday.

### Completion of the FCC Form 175

Applicants should carefully review 47 C.F.R. § 1.2105, and must complete
all items on the FCC Form 175. Instructions for completing the FCC Form
175 are in Attachment E of this Public Notice. Applicants are encouraged
to begin preparing the required attachments for FCC Form 175 prior to
submitting the form. Attachments D and E to this Public Notice provide
information on the required attachments and appropriate formats.

### Electronic Review of FCC Form 175

The FCC Form 175 review software may be used to review and print
applicants\' FCC Form 175 information. Applicants may also view other
applicants\' completed FCC Form 175s after the filing deadline has
passed and the FCC has issued a public notice explaining the status of
the applications. For this reason, it is important that applicants do
not include their Taxpayer Identification Numbers (TINs) on any Exhibits
to their FCC Form 175 applications**.** There is no fee for accessing
this system. *See* Attachment D for details.

## Application Processing and Minor Corrections

After the deadline for filing the FCC Form 175 applications has passed,
the FCC will process all timely submitted applications to determine
which are acceptable for filing, and subsequently will issue a public
notice identifying: (1) those applications accepted for filing
(including FCC account numbers and the licenses for which they applied);
(2) those applications rejected; and (3) those applications which have
minor defects that may be corrected, and the deadline for filing such
corrected applications.

As described more fully in the Commission\'s rules, after the March 13,
2000, short form filing deadline, applicants may make only minor
corrections to their FCC Form 175 applications. Applicants will not be
permitted to make major modifications to their applications (*e.g.*,
change their license selections, change the certifying official, change
control of the applicant, or change bidding credit eligibility).[^27]

## Upfront Payments \-- Due March 27, 2000 

In order to be eligible to bid in the auction, applicants must submit an
upfront payment accompanied by an FCC Remittance Advice Form (FCC Form
159). After completing the FCC Form 175, filers will have access to an
electronic version of the FCC Form 159. All upfront payments must be
received at Mellon Bank in Pittsburgh, PA, by 6:00 p.m. ET on March 27,
2000.

Please note that:

-   All payments must be made in U.S. dollars.

-   All payments must be made by wire transfer.

-   Upfront payments for Auction No. 30 go to a lockbox number different
    from the ones used in previous FCC auctions, and different from the
    lockbox number to be used for post-auction payments.

-   Failure to deliver the upfront payment by the March 27, 2000
    deadline will result in dismissal of the application and
    disqualification from participation in the auction.

### Making Auction Payments by Wire Transfer

Wire transfer payments must be received by 6:00 p.m. ET on March 27,
2000. To avoid untimely payments, applicants should discuss arrangements
(including bank closing schedules) with their banker several days before
they plan to make the wire transfer, and allow sufficient time for the
transfer to be initiated and completed before the deadline. Applicants
will need the following information:

ABA Routing Number: 043000261

> Receiving Bank: Mellon Pittsburgh
>
> BNF: FCC/AC 910-0180
>
> OBI Field: (Skip one space between each information item)

\"AUCTIONPAY\"

> TAXPAYER IDENTIFICATION NO.: (same as FCC Form 159, block 26)
>
> PAYMENT TYPE CODE (enter \"A30U\")
>
> FCC CODE 1 (same as FCC Form 159, block 23A: \"30\")
>
> PAYER NAME (same as FCC Form 159, block 2)

LOCKBOX NO. \# 358420

**NOTE:** The BNF and Lockbox number are specific to the upfront
payments for this auction; do not use BNF or Lockbox numbers from
previous auctions.

Applicants must fax a completed FCC Form 159 to Mellon Bank at (412)
236-5702 at least one hour before placing the order for the wire
transfer (but on the same business day). On the cover sheet of the fax,
write \"Wire Transfer - Auction Payment for Auction Event No. 30**.**\"
**Bidders should confirm receipt of their upfront payment at Mellon Bank
by contacting their sending financial institution.**

### FCC Form 159

A completed FCC Remittance Advice Form (FCC Form 159) must accompany
each upfront payment. Proper completion of FCC Form 159 is critical to
ensuring correct credit of upfront payments. Detailed instructions for
completion of FCC Form 159 are included in Attachment E to this Public
Notice. An electronic version of the FCC form 175 is available after
filing the FCC Form 175. The FCC Form 159 can be filled out
electronically, but must be filed with Mellon Bank via facsimile.

### Amount of Upfront Payment

In the *Part 1 Order, Memorandum Opinion and Order, and Notice of
Proposed Rule Making,* the Commission delegated to the Bureau the
authority and discretion to determine an appropriate upfront payment for
each license being auctioned.[^28] In the *39 GHz Comment Public
Notice*, the Bureau proposed upfront payments for Auction No. 30.[^29]
Specifically, the Bureau proposed calculating the upfront payment on a
license-by-license basis, using the following formula:

For licenses with populations of 1,000,000 or greater:

> License population \* \$0.04 (the result rounded to the nearest
> thousand).

For licenses with populations of less than 1,000,000:

License population \* \$0.02 (the result rounded to the nearest hundred
for levels below \$10,000 and to the nearest thousand for levels above
\$10,000) with a minimum of no less than \$2,500 per license.

Blooston argues that the proposed upfront payments are too high and
should be reduced. Blooston contends that because EAs are larger
geographic areas, prospective rural and small business applicants are
subject to increased upfront payments.[^30] Blooston further contends
that, even though 39 GHz EAs are more encumbered with existing licensees
and have less desirable propagation characteristics, the proposed
upfront payments for the licenses offered in Auction No. 30 will be
higher than the upfront payments in Auction No. 23 for Local Multipoint
Distribution Service (LMDS) licenses.[^31] Winstar disagrees. Winstar
contends that the proposed upfront payments are reasonable and will help
assure that individual participants have the financial wherewithal to
pay for winning bids in Auction No. 30.[^32] Winstar further asserts
that Blooston's proposed modification of the upfront payments is not
necessary because if a participant fails to win a license, or if the
winning bid is less than the upfront payment, the bidder will receive a
refund.[^33]

Upon re-examination of the proposed formula, we will modify it as
follows:

For licenses with populations less than or equal to 1,000,000 pops the
upfront calculation is:

> License population \* \$0.02 (the result rounded to the nearest
> hundred dollars for results of less than \$10,000 and rounded to the
> nearest thousand dollars for results greater than \$10,000.00) with a
> minimum of no less than \$2,500.00

For licenses with populations with greater than 1,000,000 pops, the
upfront calculation is:

**\$**0.02 per pop for each of the first million pops and \$0.04 per pop
for the remaining pops (the result rounded to the nearest thousand
dollars).

**Example: A license with a population of 1,026,459**

Step 1. Multiply the first million pops \* \$0.02 (\$0.02 \* 1,000,000 =
\$20,000.00)

> Step 2. Multiply remaining pops \* \$0.04 (\$0.04 \* 26,459 =
> \$1,058.36)
>
> Step 3. Sum of Step 1 and Step 2 = \$21,058.36
>
> Step 4. Apply the rounding rule; result is \$21,000.00

The revised formula significantly reduces the initial proposal for
upfront payments but retains the \$2,500 minimum level. The upfront
payment is a refundable deposit meant to help ensure sincere bidding and
to establish initial eligibility levels for use with the activity rules
discussed in Part IV.A.2. Incorporating incumbency calculations for each
of the 2,450 licenses in the auction would be an overly complex and
burdensome process that would not further the purpose of an upfront
payment, and as such, a general reduction in the formula is a more
appropriate action.

Please note that upfront payments are not attributed to specific
licenses, but instead will be translated to bidding units to define a
bidder\'s maximum bidding eligibility. For Auction No. 30, the amount of
the upfront payment will be translated into bidding units on a
one-to-one basis, *e.g.*, a \$25,000 upfront payment provides the bidder
with 25,000 bidding units. The total upfront payment defines the maximum
amount of bidding units on which the applicant will be permitted to bid
(including standing high bids) in any single round of bidding. Thus, an
applicant does not have to make an upfront payment to cover all licenses
for which the applicant has selected on FCC Form 175, but rather to
cover the maximum number of bidding units that are associated with
licenses on which the bidder wishes to place bids and hold high bids at
any given time.

In order to be able to place a bid on a license, in addition to having
specified that license on the FCC Form 175, a bidder must have an
eligibility level that meets or exceeds the number of bidding units
assigned to that license. At a minimum, an applicant\'s total upfront
payment must be enough to establish eligibility to bid on at least one
of the licenses applied for on the FCC Form 175, or else the applicant
will not be eligible to participate in the auction.

In calculating its upfront payment amount, an applicant should determine
the [maximum]{.underline} number of bidding units it may wish to bid on
in any single round, and submit an upfront payment covering that number
of bidding units. In order to make this calculation, an applicant should
add together the upfront payments for all licenses on which it seeks to
bid in any given round. Bidders should check their calculations
carefully as there is no provision for increasing a bidder\'s maximum
eligibility after the upfront payment deadline.

NOTE: An applicant may, on its FCC Form 175, apply for every license
being offered, but its actual bidding in any round will be limited by
the bidding units reflected in its upfront payment.

### Applicant\'s Wire Transfer Information for Purposes of Refunds

The Commission will use wire transfers for all Auction No. 30 refunds.
To ensure that refunds of upfront payments are processed in an
expeditious manner, the Commission is requesting that all pertinent
information as listed below be supplied to the FCC as a confidential
attachment to their short-form application. If you choose not to provide
this information as an attachment to the short-form application, you may
fax the Wire Transfer Instructions by March 27, 2000 to the FCC,
Financial Operations Center, Auctions Accounting Group, ATTN: Michelle
Bennett or Gail Glasser, at (202) 418-2843. Should the payer fail to
submit the requested information, the refund will be returned to the
original payer. For additional information, please call (202) 418-1995.

Name of Bank

ABA Number

> Contact and Phone Number

Account Number to Credit

Name of Account Holder

Correspondent Bank (if applicable)

ABA Number

Account Number

(Applicants should also note that implementation of the Debt Collection
Improvement Act of 1996 requires the FCC to obtain a Taxpayer
Identification Number (TIN) before it can disburse refunds.) Eligibility
for refunds is discussed in Part V.D., *infra*.

##  {#section-1 .unnumbered}

## Auction Registration

Approximately ten days before the auction, the FCC will issue a public
notice announcing all qualified bidders for the auction. Qualified
bidders are those applicants whose FCC Form 175 applications have been
accepted for filing and that have timely submitted upfront payments
sufficient to make them eligible to bid on at least one of the licenses
for which they applied.

All qualified bidders are automatically registered for the auction.
Registration materials will be distributed prior to the auction by two
separate overnight mailings, each containing part of the confidential
identification codes required to place bids. These mailings will be sent
only to the contact person at the contact address listed in the FCC Form
175.

Applicants that do not receive both registration mailings will not be
able to submit bids. Therefore, any qualified applicant that has not
received both mailings by noon on Friday, April 7, 2000, should contact
the Auctions Hotline at 1-888-225-5322 (option #2) or 717-338-2888.
Receipt of both registration mailings is critical to participating in
the auction and each applicant is responsible for ensuring it has
received all of the registration material.

Qualified bidders should note that lost login codes, passwords or bidder
identification numbers can be replaced only by appearing [in
person]{.underline} at the FCC Auction Headquarters located at 445
12^th^ St., Washington, D.C. 20554. Only an authorized representative or
certifying official, as designated on an applicant\'s FCC Form 175, may
appear in person with two forms of identification (one of which must be
a photo identification) in order to receive replacement codes. Qualified
bidders requiring replacement codes must call technical support prior to
arriving at the FCC to arrange preparation of new codes.

## Remote Electronic Bidding Software

Qualified bidders are allowed to bid electronically or telephonically.
Each bidder choosing to bid electronically must purchase remote
electronic bidding software for \$175.00 by Tuesday, March 28, 2000.
Auction software is tailored to a specific auction, so software from
prior auctions will not work for Auction No. 30. A software order form
is included in this Public Notice. If bidding telephonically, the
appropriate phone number will be supplied in the second Federal Express
mailing of confidential login codes. Qualified bidders that do not
purchase software may only bid by telephone.

## Mock Auction

All applicants whose FCC Form 175 has been accepted for filing will be
eligible to participate in a mock auction on April 7, 2000. The mock
auction will enable applicants to become familiar with the electronic
software prior to the auction. Free demonstration software will be
available for use in the mock auction. Participation by all bidders is
strongly recommended. Details will be announced by public notice.

# AUCTION EVENT

The first round of the auction will begin on April 12, 2000. The initial
round schedule will be announced in a public notice listing the
qualified bidders, to be released approximately 10 days before the start
of the auction.

## Auction Structure

###  Simultaneous Multiple Round Auction

In the *39 GHz Comment Public Notice*, we proposed to award the 2,450
licenses in the 39 GHz band in a single, simultaneous multiple round
auction.[^34] We received no comment on this issue. We conclude that it
is operationally feasible and appropriate to auction all 2,450 of the 39
GHz band licenses through a single, simultaneous multiple round auction.
Enhancements to the Commission's Automated Auction System software,
including license group viewing options and search and sort
capabilities, will allow bidders to easily view and access the licenses
in Auction No. 30. Unless otherwise announced, bids will be accepted on
all licenses in each round of the auction. This approach, we believe,
allows bidders to take advantage of any synergies that exist among
licenses and is most administratively efficient.

### Maximum Eligibility and Activity Rules

In the *39 GHz Comment Public Notice*, we proposed that the amount of
the upfront payment submitted by a bidder would determine the initial
maximum eligibility (as measured in bidding units) for each bidder.[^35]
We received no comments on this issue.

For Auction No. 30 we will adopt this proposal. The amount of the
upfront payment submitted by a bidder determines the initial maximum
eligibility (in bidding units) for each bidder. Note again that upfront
payments are not attributed to specific licenses, but instead will be
translated into bidding units to define a bidder\'s initial maximum
eligibility. The total upfront payment defines the maximum number of
bidding units on which the applicant will initially be permitted to bid.
The total upfront payment does not define the total dollars a bidder may
bid on any given license. As there is no provision for increasing a
bidder\'s maximum eligibility during the course of an auction (as
described under \"Auction Stages\" as set forth in Part IV.A.4,
prospective bidders are cautioned to calculate their upfront payments
carefully.

In order to ensure that the auction closes within a reasonable period of
time, an activity rule requires bidders to bid actively throughout the
auction, rather than wait until the end before participating. Bidders
are required to be active on a specific percentage of their maximum
eligibility during each round of the auction.

A bidder\'s activity level in a round is the sum of the bidding units
associated with licenses on which the bidder is active. A bidder is
considered active on a license in the current round if it is either the
high bidder at the end of the previous bidding round and does not
withdraw the high bid in the current round, or if it submits an
acceptable bid in the current round (*see* \"Minimum Accepted Bids\" in
Part IV.B.(3), *infra*). The minimum required activity level is
expressed as a percentage of the bidder\'s maximum bidding eligibility,
and increases by stage as the auction progresses. Because these
procedures have proven successful in maintaining the pace of previous
auctions as set forth under \"Auction Stages\" in Part IV.A.4 and
\"Stage Transitions\" in Part IV.A.5, *infra*, we adopt them for Auction
No. 30.

### Activity Rule Waivers and Reducing Eligibility

In the *39 GHz Comment Public Notice*, we proposed that each bidder in
the auction would be provided five activity rule waivers that may be
used in any round during the course of the auction.[^36] We received no
comment on this issue.

Based upon our experience in previous auctions, we adopt our proposal
that each bidder be provided five activity rule waivers that may be used
in any round during the course of the auction. Use of an activity rule
waiver preserves the bidder\'s current bidding eligibility despite the
bidder\'s activity in the current round being below the required minimum
level. An activity rule waiver applies to an entire round of bidding and
not to a particular license. We are satisfied that our practice of
providing five waivers over the course of the auction provides a
sufficient number of waivers and maximum flexibility to the bidders,
while safeguarding the integrity of the auction.

The FCC auction system assumes that bidders with insufficient activity
would prefer to use an activity rule waiver (if available) rather than
lose bidding eligibility. Therefore, the system will automatically apply
a waiver (known as an \"automatic waiver\") at the end of any round
where a bidder\'s activity level is below the minimum required unless:
(1) there are no activity rule waivers available; or (2) the bidder
overrides the automatic application of a waiver by reducing eligibility,
thereby meeting the minimum requirements.

A bidder with insufficient activity that wants to reduce its bidding
eligibility rather than use an activity rule waiver must affirmatively
override the automatic waiver mechanism during the round by using the
reduce eligibility function in the software. In this case, the bidder\'s
eligibility is permanently reduced to bring the bidder into compliance
with the activity rules as described in \"Auction Stages\" (*see* Part
IV.A.4 discussion below). Once eligibility has been reduced, a bidder
will not be permitted to regain its lost bidding eligibility.

Finally, a bidder may proactively use an activity rule waiver as a means
to keep the auction open without placing a bid. If a bidder submits a
proactive waiver (using the proactive waiver function in the bidding
software) during a round in which no bids are submitted, the auction
will remain open and the bidder\'s eligibility will be preserved. An
automatic waiver invoked in a round in which there are no new valid bids
or withdrawals will not keep the auction open.

### Auction Stages

In the *39 GHz Comment Public Notice*, we proposed to conduct the
auction in three stages and employ an activity rule. We further proposed
that, in each round of Stage One, a bidder desiring to maintain its
current eligibility would be required to be active on licenses
encompassing at least 80 percent of its current bidding eligibility.
[^37] In each round of Stage Two, a bidder desiring to maintain its
current eligibility would be required to be active on at least 90
percent of its current bidding eligibility. Finally, we proposed that a
bidder in Stage Three, in order to maintain eligibility, would be
required to be active on 98 percent of its current bidding eligibility.
We received no comment on these proposals.

We conclude that the auction will be composed of three stages, which are
each defined by an increasing activity rule. We will adopt our proposals
for the activity rules. Below are the activity levels for each stage of
the auction. The FCC reserves the discretion to further alter the
activity percentages before and/or during the auction.

**Stage One**: During the first stage of the auction, a bidder desiring
to maintain its current eligibility will be required to be active on
licenses that represent at least 80 percent of its current bidding
eligibility in each bidding round. Failure to maintain the required
activity level will result in a reduction in the bidder\'s bidding
eligibility in the next round of bidding (unless an activity rule waiver
is used). During Stage One, reduced eligibility for the next round will
be calculated by multiplying the sum of bidding units of the bidder's
standing high bids and valid bids during the current round by
five-fourths (5/4).

**Stage Two**: During the second stage of the auction, a bidder desiring
to maintain its current eligibility is required to be active on 90
percent of its current bidding eligibility. Failure to maintain the
required activity level will result in a reduction in the bidder\'s
bidding eligibility in the next round of bidding (unless an activity
rule waiver is used). During Stage Two, reduced eligibility for the next
round will be calculated by multiplying the sum of bidding units of the
bidder's standing high bids and valid bids during the current round by
ten-ninths (10/9).

**Stage Three**: During the third stage of the auction, a bidder
desiring to maintain its current eligibility is required to be active on
98 percent of its current bidding eligibility. Failure to maintain the
required activity level will result in a reduction in the bidder\'s
bidding eligibility in the next round of bidding (unless an activity
rule waiver is used). In this stage, reduced eligibility for the next
round will be calculated by multiplying the sum of bidding units of the
bidder's standing high bids and valid bids during the current round by
fifty-fortyninths (50/49).

**CAUTION:** Since activity requirements increase in each auction stage,
bidders must carefully check their current activity during the bidding
period of the first round following a stage transition. This is
especially critical for bidders that have standing high bids and do not
plan to submit new bids. In past auctions, some bidders have
inadvertently lost bidding eligibility or used an activity rule waiver
because they did not re-verify their activity status at stage
transitions. Bidders may check their activity against the required
minimum activity level by using the bidding software\'s bidding module.

Because the foregoing procedures have proven successful in maintaining
proper pace in previous auctions, we adopt them for Auction No. 30.

### Stage Transitions

In the *39 GHz Comment Public Notice*, we proposed that the auction
would generally advance to the next stage (*i.e.*, from Stage One to
Stage Two, and from Stage Two to Stage Three) when the auction activity
level, as measured by the percentage of bidding units receiving new high
bids, is below 10 percent for three consecutive rounds of bidding in
each Stage. However, we further proposed that the Bureau would retain
the discretion to change stages unilaterally by announcement during the
auction. This determination, we proposed, would be based on a variety of
measures of bidder activity, including, but not limited to, the auction
activity level, the percentages of licenses (as measured in bidding
units) on which there are new bids, the number of new bids, and the
percentage increase in revenue.[^38] We received no comments on this
subject.

We adopt our proposal. Thus, the auction will start in Stage One. Under
the FCC\'s general guidelines it will advance to the next stage (*i.e.*,
from Stage One to Stage Two, and from Stage Two to Stage Three) when, in
each of three consecutive rounds of bidding, the high bid has increased
on 10 percent or less of the licenses being auctioned (as measured in
bidding units). However, the Bureau will retain the discretion to
regulate the pace of the auction by announcement. This determination
will be based on a variety of measures of bidder activity, including,
but not limited to, the auction activity level, the percentages of
licenses (as measured in bidding units) on which there are new bids, the
number of new bids, and the percentage increase in revenue. We believe
that these stage transition rules, having proven successful in prior
auctions, are appropriate for use in Auction No. 30.

### Auction Stopping Rules

For Auction No. 30, the Bureau proposed to employ a simultaneous
stopping rule.[^39] The Bureau also sought comment on a modified version
of the simultaneous stopping rule. The modified version of the stopping
rule would close the auction for all licenses after the first round in
which no bidder submits a proactive waiver, a withdrawal, or a new bid
on any license on which it is not the standing high bidder. Thus, absent
any other bidding activity, a bidder placing a new bid on a license for
which it is the standing high bidder would not keep the auction open
under this modified stopping rule. The Bureau further sought comment on
whether this modified stopping rule should be used unilaterally or only
in stage three of the auction.

The Bureau further proposed retaining the discretion to keep an auction
open even if no new acceptable bids or proactive waivers are submitted
and no previous high bids are withdrawn. In addition, we proposed that
the Bureau reserve the right to declare that the auction will end after
a specified number of additional rounds (\"special stopping rule\"). If
the Bureau invokes this special stopping rule, it will accept bids in
the final round(s) only for licenses on which the high bid increased in
at least one of the preceding specified number of rounds. We proposed to
exercise this option only in circumstances such as where the auction is
proceeding very slowly, where there is minimal overall bidding activity
or where it appears likely that the auction will not close within a
reasonable period of time.[^40] We received no comment on these issues.

We adopt our proposals concerning the stopping rule. Adoption of these
rules, we believe, is most appropriate for Auction No. 30 because our
experience in prior auctions demonstrates that the simultaneous stopping
rule balanced the interests of administrative efficiency and maximum
bidder participation. The substitutability between and among licenses in
different geographic areas and the importance of preserving the ability
of bidders to pursue backup strategies support the use of a simultaneous
stopping rule. Further, the Commission also can regulate the pace of the
auction by conducting more bidding rounds per day, employing bid
increments that reflect activity levels on specific markets and
accelerating stage changes.

Thus, bidding will remain open on all licenses until bidding stops on
every license. The auction will close for all licenses when one round
passes during which no bidder submits a new acceptable bid on any
license, applies a proactive waiver, or withdraws a previous high bid.
After the first such round, bidding closes simultaneously on all
licenses. In addition, the Bureau retains the discretion to close the
auction for all licenses after the first round in which no bidder
submits a proactive waiver, a withdrawal, or a new bid on any license on
which it is not the standing high bidder. Thus, absent any other bidding
activity, a bidder placing a new bid on a license for which it is the
standing high bidder would not keep the auction open under this stopping
rule procedure. We will notify bidders in advance of implementing any
change to our simultaneous stopping rule.

The Bureau also retains the discretion to keep the auction open even if
no new acceptable bids or proactive waivers are submitted, and no
previous high bids are withdrawn in a round. In this event, the effect
will be the same as if a bidder had submitted a proactive waiver. Thus,
the activity rule will apply as usual, and a bidder with insufficient
activity will either lose bidding eligibility or use an activity rule
waiver (if it has any left).

Further, in its discretion, the Bureau reserves the right to invoke the
"special stopping rule." If the FCC invokes this special stopping rule,
it will accept bids in the final round(s) only for licenses on which the
high bid increased in at least one of the preceding specified number of
rounds. Before exercising this option, the FCC is likely to attempt to
increase the pace of the auction by, for example, moving the auction
into the next stage (where bidders would be required to maintain a
higher level of bidding activity), increasing the number of bidding
rounds per day, and/or adjusting the amount of the minimum bid
increments for the licenses.

### Auction Delay, Suspension, or Cancellation 

In the *39 GHz Comment Public Notice*, we proposed that, by public
notice or by announcement during the auction, the Bureau may delay,
suspend, or cancel the auction in the event of natural disaster,
technical obstacle, evidence of an auction security breach, unlawful
bidding activity, administrative or weather necessity, or for any other
reason that affects the fair and competitive conduct of competitive
bidding.[^41]

Because this approach has proven effective in resolving exigent
circumstances in previous auctions, we will adopt our proposed auction
cancellation rules. By public notice or by announcement during the
auction, the Bureau may delay, suspend or cancel the auction in the
event of natural disaster, technical obstacle, evidence of an auction
security breach, unlawful bidding activity, administrative or weather
necessity, or for any other reason that affects the fair and competitive
conduct of competitive bidding. In such cases, the Bureau, in its sole
discretion, may elect to: resume the auction starting from the beginning
of the current round; resume the auction starting from some previous
round; or cancel the auction in its entirety. Network interruption may
cause the Bureau to delay or suspend the auction. We emphasize that
exercise of this authority is solely within the discretion of the
Bureau, and its use is not intended to be a substitute for situations in
which bidders may wish to apply their activity rule waivers.

## Bidding Procedures

### Round Structure

The initial bidding schedule will be announced by public notice at least
one week before the start of the auction, and will be included in the
registration mailings. The round structure for each bidding round
contains a single bidding round followed by the release of the round
results. Multiple bidding rounds may be run in a given day. Details
regarding round results formats and locations will be included in a
*Qualified Bidder Public Notice*.[^42]

The FCC has discretion to change the bidding schedule in order to foster
an auction pace that reasonably balances speed with the bidders\' need
to study round results and adjust their bidding strategies. The FCC may
increase or decrease the amount of time for the bidding rounds and
review periods, or the number of rounds per day, depending upon the
bidding activity level and other factors.

### Reserve Price or Minimum Opening Bid

*Background*. The Balanced Budget Act of 1997 calls upon the Commission
to prescribe methods by which a reasonable reserve price will be
required or a minimum opening bid established when FCC licenses are
subject to auction (*i.e.*, because they are mutually exclusive), unless
the Commission determines that a reserve price or minimum opening bid is
not in the public interest.[^43] Consistent with this mandate, the
Commission directed the Bureau to seek comment on the use of a minimum
opening bid and/or reserve price prior to the start of each
auction.[^44] Among other factors, the Bureau must consider the amount
of spectrum being auctioned, levels of incumbency, the availability of
technology to provide service, the size of the geographic service areas,
the extent of interference with other spectrum bands, and any other
relevant factors that could have an impact on valuation of the spectrum
being auctioned.[^45] The Commission concluded that the Bureau should
have the discretion to employ either or both of these mechanisms for
future auctions.[^46]

In the *39 GHz Comment Public Notice*, the Bureau proposed to establish
minimum opening bids for Auction No. 30 and to retain discretion to
lower the minimum opening bids.[^47] Specifically, for Auction No. 30,
the Commission proposed the following license-by-license formulas for
calculating minimum opening bids, based on the population (\"pops\") of
the EA:

For licenses with populations of 1,000,000 or greater:

> License population \* \$0.08 (the result rounded to the nearest
> thousand).

For licenses with populations of less than 1,000,000:

> License population \* \$0.04 (the result rounded to the nearest
> hundred for results less than \$10,000 and to the nearest thousand for
> results greater than \$10,000) with a minimum of no less than \$2,500
> per license.

In the alternative, the Bureau sought comment on whether, consistent
with the Balanced Budget Act, the public interest would be served by
having no minimum opening bid or reserve price.[^48]

*Discussion***.** A majority of commenters contend that the proposed
minimum opening bids should be reduced to reflect the presence of a
significant number of incumbents.[^49] For example, the Joint Commentors
contend that the total gross population figures, the sole basis for
these proposals, drastically overstate the actual availability of
marketable spectrum to be licensed through competitive bidding.
Consequently, they assert, the proposed minimum opening bids far exceed
the actual market value in a vast number of areas proposed for licensing
at auction.[^50]

We will adopt minimum opening bids for the licenses in Auction No. 30,
which are reducible at the discretion of the Bureau. Congress has
enacted a presumption that unless the Commission determines otherwise,
minimum opening bids or reserve prices are in the public interest.[^51]
Based on our experience in using minimum opening bids in other auctions,
we believe that minimum opening bids speed the course of the auction and
ensure that valuable assets are not sold for nominal prices, without
unduly interfering with the efficient assignment of licenses.[^52]

The commenters' arguments regarding incumbency on the 39 GHz band have
convinced us that some proposed minimum opening bid values may not
adequately have taken into account the level of incumbency in the 39 GHz
band and thus the Bureau has established minimum opening bids that more
accurately reflect the level of incumbency. Accordingly, upon
re-examination of the proposed formula, we will modify it as follows:

For licenses with populations less than or equal to 1,000,000 pops the
minimum opening bid calculation is:

> License population \* \$0.02 (the result rounded to the nearest
> hundred dollars for results of less than \$10,000 and rounded to the
> nearest thousand dollars for results greater than \$10,000.00) with a
> minimum of no less than \$2,500.00

For licenses with populations with greater than 1,000,000 pops, the
minimum opening calculation is:

**\$**0.02 per pop for each of the first million pops and \$0.04 per pop
for the remaining pops (the result rounded to the nearest thousand
dollars). A sample calculation follows:

**Example: A license with a population of 1,026,459**

Step 1. Multiply the first million pops \* \$0.02 (\$0.02 \* 1,000,000 =
\$20,000.00)

> Step 2. Multiply remaining pops \* \$0.04 (\$0.04 \* 26,459 =
> \$1,058.36)
>
> Step 3. Sum of Step 1 and Step 2 = \$21,058.36
>
> Step 4. Apply the rounding rule; result is \$21,000.00

We conclude that the adopted formula presented here best meets the
objectives of our authority in establishing reasonable minimum opening
bids. We have noted in the past that the reserve price and minimum
opening bid provision is not a requirement to maximize auction revenue
but rather a protection against assigning licenses at unacceptably low
prices and that we must balance the revenue raising objective against
our other public interest objectives in setting the minimum bid
level.[^53] For the sake of auction integrity and fairness, minimum
opening bids must be set in a manner that is consistent across licenses.

As a final safeguard against unduly high pricing, minimum opening bids
are reducible at the discretion of the Bureau. This will allow the
Bureau flexibility to adjust the minimum opening bids if circumstances
warrant. We emphasize, however, that such discretion will be exercised,
if at all, sparingly and early in the auction, *i.e.*, before bidders
lose all waivers and begin to lose substantial eligibility. During the
course of the auction, the Bureau will not entertain any bidder requests
to reduce the minimum opening bid on specific licenses.

### Bid Increments and Minimum Accepted Bids

In the *39 GHz Comment Public Notice*, we proposed to use a smoothing
methodology to calculate minimum bid increments.[^54] We further
proposed to retain the discretion to change the minimum bid increment if
circumstances so dictate.[^55] We received no comment on this issue.

We will adopt our proposal for a smoothing formula. The smoothing
methodology is designed to vary the increment for a given license
between a maximum and minimum value based on the bidding activity on
that license. This methodology allows the increments to be tailored to
the activity level of a license, decreasing the time it takes for active
licenses to reach their final value. The formula used to calculate this
increment is included as Attachment G.

We adopt our proposal of initial values for the maximum of 0.2 or 20
percent of the license value, and a minimum of 0.1 or 10 percent of the
license value. The Bureau retains the discretion to change the minimum
bid increment if it determines that circumstances so dictate, such as
raising the minimum increment toward the end of the auction to enable
bids to reach their final values more quickly. The Bureau will do so by
announcement in the Automated Auction System. Under its discretion, the
Bureau may also implement an absolute dollar floor for the bid increment
to further facilitate a timely close of the auction. The Bureau may also
use its discretion to adjust the minimum bid increment without prior
notice if circumstances warrant. As an alternative approach, the Bureau
may, in its discretion, adjust the minimum bid increment gradually over
a number of rounds as opposed to single large changes in the minimum bid
increment (*e.g*., by raising the increment floor by one percent every
round over the course of ten rounds). The Bureau also retains the
discretion to use alternate methodologies, such as a flat percentage
increment for all licenses, for Auction No. 30 if circumstances warrant.

### High Bids

Each bid will be date- and time-stamped when it is entered into the FCC
computer system. In the event of tie bids, the Commission will identify
the high bidder on the basis of the order in which the Commission
receives bids. The bidding software allows bidders to make multiple
submissions in a round. As each bid is individually date- and
time-stamped according to when it was submitted, bids submitted by a
bidder earlier in a round will have an earlier date and time stamp than
bids submitted later in a round.

### Bidding

During a bidding round, a bidder may submit bids for as many licenses as
it wishes, subject to its eligibility, as well as withdraw high bids
from previous bidding rounds, remove bids placed in the same bidding
round, or permanently reduce eligibility. Bidders also have the option
of making multiple submissions and withdrawals in each bidding round. If
a bidder submits multiple bids for a single license in the same round,
the system takes the last bid entered as that bidder\'s bid for the
round, and the date- and time-stamp of that bid reflects the latest time
the bid was submitted.

Please note that all bidding will take place remotely either through the
automated bidding software or by telephonic bidding. (Telephonic bid
assistants are required to use a script when handling bids placed by
telephone. Telephonic bidders are therefore reminded to allow sufficient
time to bid, by placing their calls well in advance of the close of a
round, because four to five minutes are necessary to complete a bid
submission.) There will be no on-site bidding during Auction No. 30.

A bidder\'s ability to bid on specific licenses in the first round of
the auction is determined by two factors: (1) the licenses applied for
on FCC Form 175; and (2) the upfront payment amount deposited. The bid
submission screens will be tailored for each bidder to include only
those licenses for which the bidder applied on its FCC Form 175. A
bidder also has the option to further tailor its bid submission screens
to call up specified groups of licenses.

The bidding software requires each bidder to login to the FCC auction
system during the bidding round using the FCC account number, bidder
identification number, and the confidential security codes provided in
the registration materials. Bidders are strongly encouraged to download
and print bid confirmations [after]{.underline} they submit their bids.

The bid entry screen of the Automated Auction System software for
Auction No. 30 allows bidders to place multiple increment bids which
will let bidders increase high bids from one to nine bid increments. A
single bid increment is defined as the difference between the standing
high bid and the minimum acceptable bid for a license. The bidding
software will display the bid increment for each license.

To place a bid on a license, the bidder must increase the standing high
bid by one to nine times the bid increment. This is done by entering a
whole number between 1 and 9 in the bid increment multiplier (Bid Mult)
field in the software. This value will determine the amount of the bid
(Amount Bid) by multiplying the bid increment multiplier by the bid
increment and adding the result to the high bid amount according to the
following formula:

**Amount Bid = High Bid + (Bid Mult \* Bid Increment)**

Thus, bidders may place a bid that exceeds the standing high bid by
between one and nine times the bid increment. For example, to bid the
minimum acceptable bid, which is equal to one bid increment, a bidder
will enter \"1\" in the bid increment multiplier column and press
submit.

For any license on which the FCC is designated as the high bidder
(*i.e.*, a license that has not yet received a bid in the auction or
where the high bid was withdrawn and a new bid has not yet been placed),
bidders will be limited to bidding only the minimum acceptable bid. In
both of these cases no increment exists for the licenses, and bidders
should enter \"1\" in the Bid Mult field. Note that in this case, any
whole number between 1 and 9 entered in the multiplier column will
result in a bid value at the minimum acceptable bid amount. Finally,
bidders are cautioned in entering numbers in the Bid Mult field because,
as explained in the following section, a high bidder that withdraws its
standing high bid from a previous round, even if mistakenly or
erroneously made, is subject to bid withdrawal payments.

### Bid Removal and Bid Withdrawal

In the *39 GHz Comment Public Notice*, we proposed bid removal and bid
withdrawal rules.[^56] With respect to bid withdrawals, we proposed
limiting each bidder to withdrawals in no more than two rounds during
the course of the auction. The two rounds in which withdrawals are
utilized, we proposed, would be at the bidder\'s discretion. We received
no comment on this issue.

In previous auctions, we have detected bidder conduct that, arguably,
may have constituted strategic bidding through the use of bid
withdrawals. While we continue to recognize the important role that bid
withdrawals play in an auction, *i.e.*, reducing risk associated with
efforts to secure various geographic area licenses in combination, we
conclude that, for Auction No. 30, adoption of a limit on their use to
two rounds is the most appropriate outcome. By doing so we believe we
strike a reasonable compromise that will allow bidders to use
withdrawals. Our decision on this issue is based upon our experience in
prior auctions, particularly the PCS D, E and F block auctions, and 800
MHz SMR auction, and is in no way a reflection of our view regarding the
likelihood of any speculation or \"gaming\" in this auction.

The Bureau will therefore limit the number of rounds in which bidders
may place withdrawals to two rounds. These rounds will be at the
bidder\'s discretion and there will be no limit on the number of bids
that may be withdrawn in either of these rounds. Withdrawals during the
auction will still be subject to the bid withdrawal payments specified
in 47 C.F.R. § 1.2104(g). Bidders should note that abuse of the
Commission\'s bid withdrawal procedures could result in the denial of
the ability to bid on a market. If a high bid is withdrawn, the license
will be offered in the next round at the second highest bid price, which
may be less than, or equal to, in the case of tie bids, the amount of
the withdrawn bid, without any bid increment. The Commission will serve
as a \"place holder\" on the license until a new acceptable bid is
submitted on that license.

*Procedures***.** Before the close of a bidding round, a bidder has the
option of removing any bids placed in that round. By using the \"remove
bid\" function in the software, a bidder may effectively \"unsubmit\"
any bid placed within that round. A bidder removing a bid placed in the
same round is not subject to withdrawal payments. Removing a bid will
affect a bidder\'s activity for the round in which it is removed. This
procedure, about which we received no comments, will enhance bidder
flexibility during the auction. Therefore, we will adopt these
procedures for Auction No. 30.

Once a round closes, a bidder may no longer remove a bid. However, in
the next round, a bidder may withdraw standing high bids from previous
rounds using the \"withdraw bid\" function (assuming that the bidder has
not exhausted its withdrawal allowance). A high bidder that withdraws
its standing high bid from a previous round during the auction is
subject to the bid withdrawal payments specified in 47 C.F.R. §
1.2104(g). The procedure for withdrawing a bid and receiving a
withdrawal confirmation is essentially the same as the bidding procedure
described in \"High Bids,\" Part IV.B.4.

*Calculation*. Generally, the Commission imposes payments on bidders
that withdraw high bids during the course of an auction.[^57]
Specifically, a bidder ("Bidder X") 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 withdrawn and the amount of the subsequent
winning bid. If a high bid is withdrawn on a license that remains unsold
at the close of the auction, Bidder X will be required to make an
interim payment equal to three (3) percent of the net amount of the
withdrawn bid.[^58] This payment amount is deducted from any upfront
payments or down payments that Bidder X has deposited with the
Commission. If, in a subsequent auction, that license receives a valid
bid in an amount equal to or greater than the withdrawn bid amount, then
no final bid withdrawal payment will be assessed, and Bidder X may
request a refund of the interim three (3) percent payment. If, in a
subsequent auction, the selling price for that license is less than
Bidder X's withdrawn bid amount, then Bidder X will be required to make
a final bid withdrawal payment equal to either the difference between
Bidder X's net withdrawn bid and the subsequent net winning bid, or the
difference between Bidder X's gross withdrawn bid and the subsequent
gross winning bid, whichever is less.

###  Round Results

Bids placed during a round will not be published until the conclusion of
that bidding period. After a round closes, the Commission will compile
reports of all bids placed, bids withdrawn, current high bids, new
minimum accepted bids, and bidder eligibility status (bidding
eligibility and activity rule waivers), and post the reports for public
access.[^59] Reports reflecting bidders\' identities and bidder
identification numbers for Auction No. 30 will be available before and
during the auction. Thus, bidders will know in advance of this auction
the identities of the bidders against which they are bidding.

### Auction Announcements

The FCC will use auction announcements to announce items such as
schedule changes and stage transitions. All FCC auction announcements
will be available on the FCC remote electronic bidding system, as well
as the Internet.

### Maintaining the Accuracy of FCC Form 175 Information

As noted in Part II.E., after the short-form filing deadline, applicants
may make only minor changes to their FCC Form 175 applications. For
example, permissible minor changes include deletion and addition of
authorized bidders (to a maximum of three) and revision of exhibits.
Filers must make these changes on-line, and submit a letter to Amy
Zoslov, Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12^th^
Street, S.W., Washington, D.C. 20554 (and mail a separate copy to
Kenneth Burnley, Auctions and Industry Analysis Division), briefly
summarizing the changes. Questions about other changes should be
directed to Kenneth Burnley, Auctions and Industry Analysis Division at
(202) 418-0660.

# POST-AUCTION PROCEDURES

## Down Payments and Withdrawn Bid Payments

After bidding has ended, the Commission will issue a public notice
declaring the auction closed, identifying the winning bids and bidders
for each license, and listing withdrawn bid payments due.

Within ten business days after release of the auction closing notice,
each winning bidder must submit sufficient funds (in addition to its
upfront payment) to bring its total amount of money on deposit with the
Government to 20 percent of its net winning bids (actual bids less any
applicable bidding credits). *See* 47 C.F.R. § 1.2107(b). In addition,
by the same deadline all bidders must pay any withdrawn bid amounts due
under 47 C.F.R. § 1.2104(g), as discussed in \"Bid Removal and Bid
Withdrawal,\" Part IV.B.6. (Upfront payments are applied first to
satisfy any withdrawn bid liability, before being applied toward down
payments.)

## Long-Form Application 

Within ten business days after release of the auction closing notice,
winning bidders must electronically submit a properly completed
long-form application and required exhibits for each 39 GHz band license
won through the auction. Winning bidders that are small businesses or
very small businesses must include an exhibit demonstrating their
eligibility for bidding credits. *See* 47 C.F.R. § 1.2112(b). Further
filing instructions will be provided to auction winners at the close of
the auction.

## Default and Disqualification

Any high bidder that defaults or is disqualified after the close of the
auction (*i.e.*, fails to remit the required down payment within the
prescribed period of time, fails to submit a timely long-form
application, fails to make full payment, or is otherwise disqualified)
will be subject to the payments described in 47 C.F.R. § 1.2104(g)(2).
In such event the Commission may re-auction the license or offer it to
the next highest bidder (in descending order) at their final bid. *See*
47 C.F.R. § 1.2109(b) and (c). In addition, if a default or
disqualification involves gross misconduct, misrepresentation, or bad
faith by an applicant, the Commission may declare the applicant and its
principals ineligible to bid in future auctions, and may take any other
action that it deems necessary, including institution of proceedings to
revoke any existing licenses held by the applicant. *See* 47 C.F.R. §
1.2109(d).

## Refund of Remaining Upfront Payment Balance

All applicants that submitted upfront payments but were not winning
bidders for a 39 GHz license may be entitled to a refund of their
remaining upfront payment balance after the conclusion of the auction.
No refund will be made unless there are excess funds on deposit from
that applicant after any applicable bid withdrawal payments have been
paid.

Bidders that drop out of the auction completely may be eligible for a
refund of their upfront payments before the close of the auction.
However, bidders that reduce their eligibility and remain in the auction
are not eligible for partial refunds of upfront payments until the close
of the auction. Qualified bidders that have exhausted all of their
activity rule waivers, have no remaining bidding eligibility, and have
not withdrawn a high bid during the auction must submit a written refund
request which includes wire transfer instructions, a Taxpayer
Identification Number (\"TIN\"), and a copy of their bidding eligibility
screen print, to:

Federal Communications Commission

Financial Operations Center

Auctions Accounting Group

Shirley Hanberry

445 12th Street, S.W., Room 1-A824

Washington, D.C. 20554

Bidders are encouraged to file their refund information as a
confidential attachment to their short-form application when submitting
the FCC Form 175. Bidders can also fax their request to the Auctions
Accounting Group at (202) 418-2843. Once the request has been approved,
a refund will be sent to the address provided on the FCC Form 159.

> NOTE: Refund processing generally takes up to two weeks to complete.
> Bidders with questions about refunds should contact Michelle Bennett
> or Gail Glasser at (202) 418-1995.

**Media Contact:** Meribeth McCarrick at (202) 418-0654.

**Auctions and Industry Analysis Division:** Kenneth Burnley, Legal
Branch at (202) 418-0660; Lisa Stover or Bob Reagle, Auctions Operations
Branch at (717) 338-2888.

**Public Safety and Private Wireless Division:** Jennifer Burton, Policy
and Rules Branch, (202) 418--0680.

**- FCC -**

# ATTACHMENT A

Licenses to be Auctioned

  ------------ -------------------------------------------- ------------- ------------------ ----------- -------------- --------------
  **Market     **License Name**                             **License     **Population\***   **Bidding   **Upfront      **Minimum
  No.**                                                     Number**                         Units**     Payments (per  Opening Bids
                                                                                                         license)**     (per
                                                                                                                        license)**

  **BEA001**   Bangor, ME                                   TNBEA001A - N 533,135            11,000      \$11,000.00    \$11,000.00

  **BEA002**   Portland, ME                                 TNBEA002A - N 694,793            14,000      \$14,000.00    \$14,000.00

  **BEA003**   Boston-Worcester-Lawrence-Lowell-Brockton,   TNBEA003A - N 7,445,016          278,000     \$278,000.00   \$278,000.00
               MA-NH-RI-VT                                                                                              

  **BEA004**   Burlington, VT-NY                            TNBEA004A - N 568,377            11,000      \$11,000.00    \$11,000.00

  **BEA005**   Albany-Schenectady-Troy, NY                  TNBEA005A - N 1,147,154          26,000      \$26,000.00    \$26,000.00

  **BEA006**   Syracuse, NY-PA                              TNBEA006A - N 1,934,632          57,000      \$57,000.00    \$57,000.00

  **BEA007**   Rochester, NY-PA                             TNBEA007A - N 1,457,846          38,000      \$38,000.00    \$38,000.00

  **BEA008**   Buffalo-Niagara Falls, NY-PA                 TNBEA008A - N 1,529,735          41,000      \$41,000.00    \$41,000.00

  **BEA009**   State College, PA                            TNBEA009A - N 798,826            16,000      \$16,000.00    \$16,000.00

  **BEA010**   New York-North New Jersey-Long Island,       TNBEA010A - N 23,919,008         937,000     \$937,000.00   \$937,000.00
               NY-NJ-CT-PA-MA-VT                                                                                        

  **BEA011**   Harrisburg-Lebanon-Carlisle, PA              TNBEA011A - N 1,026,459          21,000      \$21,000.00    \$21,000.00

  **BEA012**   Philadelphia-Wilmington-Atlantic. City,      TNBEA012A - N 6,915,860          257,000     \$257,000.00   \$257,000.00
               PA-NJ-DE-MD                                                                                              

  **BEA013**   Washington-Baltimore, DC-MD-VA-WV-PA         TNBEA013A - N 7,454,633          278,000     \$278,000.00   \$278,000.00

  **BEA014**   Salisbury, MD-DE-VA                          TNBEA014A - N 290,800            5,800       \$5,800.00     \$5,800.00

  **BEA015**   Richmond-Petersburg, VA                      TNBEA015A - N 1,247,627          30,000      \$30,000.00    \$30,000.00

  **BEA016**   Staunton, VA-WV                              TNBEA016A - N 301,626            6,000       \$6,000.00     \$6,000.00

  **BEA017**   Roanoke, VA-NC-WV                            TNBEA017A - N 760,378            15,000      \$15,000.00    \$15,000.00

  **BEA018**   Greensboro-Winston-Salem-High Point, NC-VA   TNBEA018A - N 1,604,323          44,000      \$44,000.00    \$44,000.00

  **BEA019**   Raleigh-Durham-Chapel Hill, NC               TNBEA019A - N 1,412,330          36,000      \$36,000.00    \$36,000.00

  **BEA020**   Norfolk-Virginia Beach-Newport News, VA-NC   TNBEA020A - N 1,588,174          44,000      \$44,000.00    \$44,000.00

  **BEA021**   Greenville, NC                               TNBEA021A - N 743,407            15,000      \$15,000.00    \$15,000.00

  **BEA022**   Fayetteville, NC                             TNBEA022A - N 465,018            9,300       \$9,300.00     \$9,300.00

  **BEA023**   Charlotte-Gastonia-Rock Hill, NC-SC          TNBEA023A - N 1,626,519          45,000      \$45,000.00    \$45,000.00

  **BEA024**   Columbia, SC                                 TNBEA024A - N 815,834            16,000      \$16,000.00    \$16,000.00

  **BEA025**   Wilmington, NC-SC                            TNBEA025A - N 716,089            14,000      \$14,000.00    \$14,000.00

  **BEA026**   Charleston-North Charleston, SC              TNBEA026A - N 541,252            11,000      \$11,000.00    \$11,000.00

  **BEA027**   Augusta-Aiken, GA-SC                         TNBEA027A - N 536,809            11,000      \$11,000.00    \$11,000.00

  **BEA028**   Savannah, GA-SC                              TNBEA028A - N 550,623            11,000      \$11,000.00    \$11,000.00
  ------------ -------------------------------------------- ------------- ------------------ ----------- -------------- --------------

  ------------ ---------------------------------- ------------- ------------------ ----------- -------------- --------------
  **Market     **License Name**                   **License     **Population\***   **Bidding   **Upfront      **Minimum
  No.**                                           Number**                         Units**     Payments (per  Opening Bids
                                                                                               license)**     (per
                                                                                                              license)**

  **BEA029**   Jacksonville, FL-GA                TNBEA029A - N 1,557,922          42,000      \$42,000.00    \$42,000.00

  **BEA030**   Orlando, FL                        TNBEA030A - N 2,836,481          93,000      \$93,000.00    \$93,000.00

  **BEA031**   Miami-Fort Lauderdale, FL          TNBEA031A - N 4,538,394          162,000     \$162,000.00   \$162,000.00

  **BEA032**   Fort Myers-Cape Coral, FL          TNBEA032A - N 487,212            9,700       \$9,700.00     \$9,700.00

  **BEA033**   Sarasota-Bradenton, FL             TNBEA033A - N 624,323            12,000      \$12,000.00    \$12,000.00

  **BEA034**   Tampa-St. Petersburg-Clearwater,   TNBEA034A - N 2,067,959          63,000      \$63,000.00    \$63,000.00
               FL                                                                                             

  **BEA035**   Tallahassee, FL-GA                 TNBEA035A - N 610,116            12,000      \$12,000.00    \$12,000.00

  **BEA036**   Dothan, AL-FL-GA                   TNBEA036A - N 307,026            6,100       \$6,100.00     \$6,100.00

  **BEA037**   Albany, GA                         TNBEA037A - N 415,342            8,300       \$8,300.00     \$8,300.00

  **BEA038**   Macon, GA                          TNBEA038A - N 686,336            14,000      \$14,000.00    \$14,000.00

  **BEA039**   Columbus, GA-AL                    TNBEA039A - N 449,582            9,000       \$9,000.00     \$9,000.00

  **BEA040**   Atlanta, GA-AL-NC                  TNBEA040A - N 4,067,704          143,000     \$143,000.00   \$143,000.00

  **BEA041**   Greenville-Spartanburg-Anderson,   TNBEA041A - N 1,083,199          23,000      \$23,000.00    \$23,000.00
               SC-NC                                                                                          

  **BEA042**   Asheville, NC                      TNBEA042A - N 371,635            7,400       \$7,400.00     \$7,400.00

  **BEA043**   Chattanooga, TN-GA                 TNBEA043A - N 635,535            13,000      \$13,000.00    \$13,000.00

  **BEA044**   Knoxville, TN                      TNBEA044A - N 840,395            17,000      \$17,000.00    \$17,000.00

  **BEA045**   Johnson City-Kingsport-Bristol,    TNBEA045A - N 524,270            10,000      \$10,000.00    \$10,000.00
               TN-VA                                                                                          

  **BEA046**   Hickory-Morganton, NC-TN           TNBEA046A - N 445,736            8,900       \$8,900.00     \$8,900.00

  **BEA047**   Lexington, KY-TN-VA-WV             TNBEA047A - N 1,731,306          49,000      \$49,000.00    \$49,000.00

  **BEA048**   Charleston, WV-KY-OH               TNBEA048A - N 1,196,043          28,000      \$28,000.00    \$28,000.00

  **BEA049**   Cincinnati-Hamilton, OH-KY-IN      TNBEA049A - N 2,003,480          60,000      \$60,000.00    \$60,000.00

  **BEA050**   Dayton-Springfield, OH             TNBEA050A - N 1,125,936          25,000      \$25,000.00    \$25,000.00

  **BEA051**   Columbus, OH                       TNBEA051A - N 2,100,613          64,000      \$64,000.00    \$64,000.00

  **BEA052**   Wheeling, WV-OH                    TNBEA052A - N 346,375            6,900       \$6,900.00     \$6,900.00

  **BEA053**   Pittsburgh, PA-WV                  TNBEA053A - N 3,003,172          100,000     \$100,000.00   \$100,000.00

  **BEA054**   Erie, PA                           TNBEA054A - N 512,673            10,000      \$10,000.00    \$10,000.00

  **BEA055**   Cleveland-Akron, OH-PA             TNBEA055A - N 4,564,666          163,000     \$163,000.00   \$163,000.00

  **BEA056**   Toledo, OH                         TNBEA056A - N 1,278,722          31,000      \$31,000.00    \$31,000.00

  **BEA057**   Detroit-Ann Arbor-Flint, MI        TNBEA057A - N 6,626,919          245,000     \$245,000.00   \$245,000.00

  **BEA058**   Northern Michigan, MI              TNBEA058A - N 230,066            4,600       \$4,600.00     \$4,600.00

  **BEA059**   Green Bay, WI-MI                   TNBEA059A - N 624,600            12,000      \$12,000.00    \$12,000.00

  **BEA060**   Appleton-Oshkosh-Neenah, WI        TNBEA060A - N 380,610            7,600       \$7,600.00     \$7,600.00

  **BEA061**   Traverse City, MI                  TNBEA061A - N 238,720            4,800       \$4,800.00     \$4,800.00

  **BEA062**   Grand Rapids-Muskegon-Holland, MI  TNBEA062A - N 1,666,950          47,000      \$47,000.00    \$47,000.00

  **BEA063**   Milwaukee-Racine, WI               TNBEA063A - N 2,119,557          65,000      \$65,000.00    \$65,000.00

  **BEA064**   Chicago-Gary-Kenosha, IL-IN-WI     TNBEA064A - N 9,317,947          353,000     \$353,000.00   \$353,000.00

  **BEA065**   Elkhart-Goshen, IN-MI              TNBEA065A - N 864,201            17,000      \$17,000.00    \$17,000.00
  ------------ ---------------------------------- ------------- ------------------ ----------- -------------- --------------

  ------------ --------------------------------- ------------- ------------------ ----------- -------------- --------------
  **Market     **License Name**                  **License     **Population\***   **Bidding   **Upfront      **Minimum
  No.**                                          Number**                         Units**     Payments (per  Opening Bids
                                                                                              license)**     (per
                                                                                                             license)**

  **BEA066**   Fort Wayne, IN                    TNBEA066A - N 666,421            13,000      \$13,000.00    \$13,000.00

  **BEA067**   Indianapolis, IN-IL               TNBEA067A - N 2,753,182          90,000      \$90,000.00    \$90,000.00

  **BEA068**   Champaign-Urbana, IL              TNBEA068A - N 623,541            12,000      \$12,000.00    \$12,000.00

  **BEA069**   Evansville-Henderson, IN-KY-IL    TNBEA069A - N 825,644            17,000      \$17,000.00    \$17,000.00

  **BEA070**   Louisville, KY-IN                 TNBEA070A - N 1,291,188          32,000      \$32,000.00    \$32,000.00

  **BEA071**   Nashville, TN-KY                  TNBEA071A - N 2,002,283          60,000      \$60,000.00    \$60,000.00

  **BEA072**   Paducah, KY-IL                    TNBEA072A - N 211,179            4,200       \$4,200.00     \$4,200.00

  **BEA073**   Memphis, TN-AR-MS-KY              TNBEA073A - N 1,687,817          48,000      \$48,000.00    \$48,000.00

  **BEA074**   Huntsville, AL-TN                 TNBEA074A - N 885,020            18,000      \$18,000.00    \$18,000.00

  **BEA075**   Tupelo, MS-AL-TN                  TNBEA075A - N 577,246            12,000      \$12,000.00    \$12,000.00

  **BEA076**   Greenville, MS                    TNBEA076A - N 257,239            5,100       \$5,100.00     \$5,100.00

  **BEA077**   Jackson, MS-AL-LA                 TNBEA077A - N 1,328,647          33,000      \$33,000.00    \$33,000.00

  **BEA078**   Birmingham, AL                    TNBEA078A - N 1,450,463          38,000      \$38,000.00    \$38,000.00

  **BEA079**   Montgomery, AL                    TNBEA079A - N 440,228            8,800       \$8,800.00     \$8,800.00

  **BEA080**   Mobile, AL                        TNBEA080A - N 607,965            12,000      \$12,000.00    \$12,000.00

  **BEA081**   Pensacola, FL                     TNBEA081A - N 515,942            10,000      \$10,000.00    \$10,000.00

  **BEA082**   Biloxi-Gulfport-Pascagoula, MS    TNBEA082A - N 339,791            6,800       \$6,800.00     \$6,800.00

  **BEA083**   New Orleans, LA-MS                TNBEA083A - N 1,635,720          45,000      \$45,000.00    \$45,000.00

  **BEA084**   Baton Rouge, LA-MS                TNBEA084A - N 656,284            13,000      \$13,000.00    \$13,000.00

  **BEA085**   Lafayette, LA                     TNBEA085A - N 554,665            11,000      \$11,000.00    \$11,000.00

  **BEA086**   Lake Charles, LA                  TNBEA086A - N 523,289            10,000      \$10,000.00    \$10,000.00

  **BEA087**   Beaumont-Port Arthur, TX          TNBEA087A - N 422,543            8,500       \$8,500.00     \$8,500.00

  **BEA088**   Shreveport-Bossier City, LA-AR    TNBEA088A - N 555,385            11,000      \$11,000.00    \$11,000.00

  **BEA089**   Monroe, LA                        TNBEA089A - N 326,897            6,500       \$6,500.00     \$6,500.00

  **BEA090**   Little Rock-North Little Rock, AR TNBEA090A - N 1,447,083          38,000      \$38,000.00    \$38,000.00

  **BEA091**   Fort Smith, AR-OK                 TNBEA091A - N 286,113            5,700       \$5,700.00     \$5,700.00

  **BEA092**   Fayetteville-Springdale-Rogers,   TNBEA092A - N 285,955            5,700       \$5,700.00     \$5,700.00
               AR-MO-OK                                                                                      

  **BEA093**   Joplin, MO-KS-OK                  TNBEA093A - N 233,725            4,700       \$4,700.00     \$4,700.00

  **BEA094**   Springfield, MO                   TNBEA094A - N 712,422            14,000      \$14,000.00    \$14,000.00

  **BEA095**   Jonesboro, AR-MO                  TNBEA095A - N 290,104            5,800       \$5,800.00     \$5,800.00

  **BEA096**   St. Louis, MO-IL                  TNBEA096A - N 3,402,818          116,000     \$116,000.00   \$116,000.00

  **BEA097**   Springfield, IL-MO                TNBEA097A - N 499,681            10,000      \$10,000.00    \$10,000.00

  **BEA098**   Columbia, MO                      TNBEA098A - N 321,564            6,400       \$6,400.00     \$6,400.00

  **BEA099**   Kansas City, MO-KS                TNBEA099A - N 2,224,907          69,000      \$69,000.00    \$69,000.00

  **BEA100**   Des Moines, IA-IL-MO              TNBEA100A - N 1,604,609          44,000      \$44,000.00    \$44,000.00

  **BEA101**   Peoria-Pekin, IL                  TNBEA101A - N 523,719            10,000      \$10,000.00    \$10,000.00

  **BEA102**   Davenport-Moline-Rock Island,     TNBEA102A - N 548,257            11,000      \$11,000.00    \$11,000.00
               IA-IL                                                                                         

  **BEA103**   Cedar Rapids, IA                  TNBEA103A - N 341,001            6,800       \$6,800.00     \$6,800.00

  **BEA104**   Madison, WI-IA-IL                 TNBEA104A - N 837,209            17,000      \$17,000.00    \$17,000.00
  ------------ --------------------------------- ------------- ------------------ ----------- -------------- --------------

  ------------ ----------------------------- ------------- ------------------ ----------- -------------- --------------
  **Market     **License Name**              **License     **Population\***   **Bidding   **Upfront      **Minimum
  No.**                                      Number**                         Units**     Payments (per  Opening Bids
                                                                                          license)**     (per
                                                                                                         license)**

  **BEA105**   La Crosse, WI-MN              TNBEA105A - N 220,502            4,400       \$4,400.00     \$4,400.00

  **BEA106**   Rochester, MN-IA-WI           TNBEA106A - N 292,175            5,800       \$5,800.00     \$5,800.00

  **BEA107**   Minneapolis-St. Paul,         TNBEA107A - N 3,945,443          138,000     \$138,000.00   \$138,000.00
               MN-WI-IA                                                                                  

  **BEA108**   Wausau, WI                    TNBEA108A - N 451,533            9,000       \$9,000.00     \$9,000.00

  **BEA109**   Duluth-Superior, MN-WI        TNBEA109A - N 340,675            6,800       \$6,800.00     \$6,800.00

  **BEA110**   Grand Forks, ND-MN            TNBEA110A - N 240,827            4,800       \$4,800.00     \$4,800.00

  **BEA111**   Minot, ND                     TNBEA111A - N 116,054            2,500       \$2,500.00     \$2,500.00

  **BEA112**   Bismarck, ND-MT-SD            TNBEA112A - N 172,204            3,400       \$3,400.00     \$3,400.00

  **BEA113**   Fargo-Moorhead, ND-MN         TNBEA113A - N 347,670            7,000       \$7,000.00     \$7,000.00

  **BEA114**   Aberdeen, SD                  TNBEA114A - N 84,696             2,500       \$2,500.00     \$2,500.00

  **BEA115**   Rapid City, SD-MT-ND-NE       TNBEA115A - N 199,782            4,000       \$4,000.00     \$4,000.00

  **BEA116**   Sioux Falls, SD-IA-MN-NE      TNBEA116A - N 478,307            9,600       \$9,600.00     \$9,600.00

  **BEA117**   Sioux City, IA-NE-SD          TNBEA117A - N 239,518            4,800       \$4,800.00     \$4,800.00

  **BEA118**   Omaha, NE-IA-MO               TNBEA118A - N 958,815            19,000      \$19,000.00    \$19,000.00

  **BEA119**   Lincoln, NE                   TNBEA119A - N 341,684            6,800       \$6,800.00     \$6,800.00

  **BEA120**   Grand Island, NE              TNBEA120A - N 277,509            5,600       \$5,600.00     \$5,600.00

  **BEA121**   North Platte, NE-CO           TNBEA121A - N 60,432             2,500       \$2,500.00     \$2,500.00

  **BEA122**   Wichita, KS-OK                TNBEA122A - N 1,094,213          24,000      \$24,000.00    \$24,000.00

  **BEA123**   Topeka, KS                    TNBEA123A - N 444,800            8,900       \$8,900.00     \$8,900.00

  **BEA124**   Tulsa, OK-KS                  TNBEA124A - N 1,259,636          30,000      \$30,000.00    \$30,000.00

  **BEA125**   Oklahoma City, OK             TNBEA125A - N 1,550,725          42,000      \$42,000.00    \$42,000.00

  **BEA126**   Western Oklahoma, OK          TNBEA126A - N 144,847            2,900       \$2,900.00     \$2,900.00

  **BEA127**   Dallas-Fort Worth, TX-AR-OK   TNBEA127A - N 6,180,783          227,000     \$227,000.00   \$227,000.00

  **BEA128**   Abilene, TX                   TNBEA128A - N 213,430            4,300       \$4,300.00     \$4,300.00

  **BEA129**   San Angelo, TX                TNBEA129A - N 189,093            3,800       \$3,800.00     \$3,800.00

  **BEA130**   Austin-San Marcos, TX         TNBEA130A - N 922,307            18,000      \$18,000.00    \$18,000.00

  **BEA131**   Houston-Galveston-Brazoria,   TNBEA131A - N 4,567,679          163,000     \$163,000.00   \$163,000.00
               TX                                                                                        

  **BEA132**   Corpus Christi, TX            TNBEA132A - N 500,805            10,000      \$10,000.00    \$10,000.00

  **BEA133**   McAllen-Edinburg-Mission, TX  TNBEA133A - N 701,888            14,000      \$14,000.00    \$14,000.00

  **BEA134**   San Antonio, TX               TNBEA134A - N 1,741,991          50,000      \$50,000.00    \$50,000.00

  **BEA135**   Odessa-Midland, TX            TNBEA135A - N 382,517            7,700       \$7,700.00     \$7,700.00

  **BEA136**   Hobbs, NM-TX                  TNBEA136A - N 185,128            3,700       \$3,700.00     \$3,700.00

  **BEA137**   Lubbock, TX                   TNBEA137A - N 357,092            7,100       \$7,100.00     \$7,100.00

  **BEA138**   Amarillo, TX-NM               TNBEA138A - N 448,258            9,000       \$9,000.00     \$9,000.00

  **BEA139**   Santa Fe, NM                  TNBEA139A - N 208,689            4,200       \$4,200.00     \$4,200.00

  **BEA140**   Pueblo, CO-NM                 TNBEA140A - N 247,124            4,900       \$4,900.00     \$4,900.00

  **BEA141**   Denver-Boulder-Greeley,       TNBEA141A - N 3,031,140          101,000     \$101,000.00   \$101,000.00
               CO-KS-NE                                                                                  

  **BEA142**   Scottsbluff, NE-WY            TNBEA142A - N 91,975             2,500       \$2,500.00     \$2,500.00

  **BEA143**   Casper, WY-ID-UT              TNBEA143A - N 382,095            7,600       \$7,600.00     \$7,600.00

  **BEA144**   Billings, MT-WY               TNBEA144A - N 362,513            7,300       \$7,300.00     \$7,300.00

  **BEA145**   Great Falls, MT               TNBEA145A - N 163,284            3,300       \$3,300.00     \$3,300.00
  ------------ ----------------------------- ------------- ------------------ ----------- -------------- --------------

  ------------ --------------------------- ------------- ------------------- ----------------- ---------------------- ----------------------
  **Market     **License Name**            **License     **Population\***    **Bidding Units** **Upfront Payments     **Minimum Opening Bids
  No.**                                    Number**                                            (per license)**        (per license)**

  **BEA146**   Missoula, MT                TNBEA146A - N 333,984             6,700             \$6,700.00             \$6,700.00

  **BEA147**   Spokane, WA-ID              TNBEA147A - N 691,806             14,000            \$14,000.00            \$14,000.00

  **BEA148**   Idaho Falls, ID-WY          TNBEA148A - N 263,379             5,300             \$5,300.00             \$5,300.00

  **BEA149**   Twin Falls, ID              TNBEA149A - N 136,831             2,700             \$2,700.00             \$2,700.00

  **BEA150**   Boise City, ID-OR           TNBEA150A - N 408,246             8,200             \$8,200.00             \$8,200.00

  **BEA151**   Reno, NV-CA                 TNBEA151A - N 511,004             10,000            \$10,000.00            \$10,000.00

  **BEA152**   Salt Lake City-Ogden, UT-ID TNBEA152A - N 1,635,998           45,000            \$45,000.00            \$45,000.00

  **BEA153**   Las Vegas, NV-AZ-UT         TNBEA153A - N 943,702             19,000            \$19,000.00            \$19,000.00

  **BEA154**   Flagstaff, AZ-UT            TNBEA154A - N 299,753             6,000             \$6,000.00             \$6,000.00

  **BEA155**   Farmington, NM-CO           TNBEA155A - N 150,155             3,000             \$3,000.00             \$3,000.00

  **BEA156**   Albuquerque, NM-AZ          TNBEA156A - N 762,814             15,000            \$15,000.00            \$15,000.00

  **BEA157**   El Paso, TX-NM              TNBEA157A - N 807,501             16,000            \$16,000.00            \$16,000.00

  **BEA158**   Phoenix-Mesa, AZ-NM         TNBEA158A - N 2,365,002           75,000            \$75,000.00            \$75,000.00

  **BEA159**   Tucson, AZ                  TNBEA159A - N 794,180             16,000            \$16,000.00            \$16,000.00

  **BEA160**   Los                         TNBEA160A - N 15,891,818          616,000           \$616,000.00           \$616,000.00
               Angeles-Riverside-Orange                                                                               
               County, CA-AZ                                                                                          

  **BEA161**   San Diego, CA               TNBEA161A - N 2,498,016           80,000            \$80,000.00            \$80,000.00

  **BEA162**   Fresno, CA                  TNBEA162A - N 1,168,970           27,000            \$27,000.00            \$27,000.00

  **BEA163**   San Francisco-Oakland-San   TNBEA163A - N 8,033,134           301,000           \$301,000.00           \$301,000.00
               Jose, CA                                                                                               

  **BEA164**   Sacramento-Yolo, CA         TNBEA164A - N 1,935,487           57,000            \$57,000.00            \$57,000.00

  **BEA165**   Redding, CA-OR              TNBEA165A - N 307,572             6,200             \$6,200.00             \$6,200.00

  **BEA166**   Eugene-Springfield, OR-CA   TNBEA166A - N 689,659             14,000            \$14,000.00            \$14,000.00

  **BEA167**   Portland-Salem, OR-WA       TNBEA167A - N 2,310,060           72,000            \$72,000.00            \$72,000.00

  **BEA168**   Pendleton, OR-WA            TNBEA168A - N 176,129             3,500             \$3,500.00             \$3,500.00

  **BEA169**   Richland-Kennewick-Pasco,   TNBEA169A - N 545,747             11,000            \$11,000.00            \$11,000.00
               WA                                                                                                     

  **BEA170**   Seattle-Tacoma-Bremerton,   TNBEA170A - N 3,445,064           118,000           \$118,000.00           \$118,000.00
               WA                                                                                                     

  **BEA171**   Anchorage, AK               TNBEA171A - N 550,043             11,000            \$11,000.00            \$11,000.00

  **BEA172**   Honolulu, HI                TNBEA172A - N 1,108,229           24,000            \$24,000.00            \$24,000.00

  **BEA173**   Guam and Northern Mariana   TNBEA173A - N 176,497             3,500             \$3,500.00             \$3,500.00
               Islands                                                                                                

  **BEA174**   Puerto Rico and the U.S.    TNBEA174A - N 3,623,846           125,000           \$125,000.00           \$125,000.00
               Virgin Islands                                                                                         

  **BEA175**   American Samoa              TNBEA175A - N 46,773              2,500             \$2,500.00             \$2,500.00

               **Total for Single Block**  **175**       **252,556,989**     **7,839,700**     **\$7,839,700.00**     **\$7,839,700.00**

               **Total for All Blocks**    **2,450**     **3,535,797,846**   **109,755,800**   **\$109,755,800.00**   **\$109,755,800.00**
  ------------ --------------------------- ------------- ------------------- ----------------- ---------------------- ----------------------

*Notes:*

All population figures are from the April 1, 1990 U.S. Census, U.S.
Department of Commerce, Bureau of the Census.

# ATTACHMENT B

**Pending Applications as of January 12, 2000**

+---------------+----------+--------------+--------------------+------+
| Applicant     | **FCC    | **Party or   | Title of latest    | **Fi |
|               | File     | parties      | pleading filed     | ling |
|               | Number** | filing       |                    | date |
|               |          | against the  |                    | of   |
|               |          | referenced   |                    | la   |
|               |          | a            |                    | test |
|               |          | pplication** |                    | pl   |
|               |          |              |                    | eadi |
|               |          |              |                    | ng** |
+===============+==========+==============+====================+======+
| AA&T Wireless | 9600081  | Bay Area     | Request to         | 10/2 |
| Services      |          | Teleport,    | Reinstate          | 7/99 |
|               |          | Inc.         | Application nunc   |      |
|               |          |              | pro tunc and/or    |      |
|               |          |              | Stay of Processing |      |
|               |          |              | Action             |      |
+---------------+----------+--------------+--------------------+------+
| AT&T Wireless | 9507204  |              | Application for    | 7/1  |
| PCS, Inc      |          |              | New or Modified    | 2/95 |
|               |          |              | Microwave Radio    |      |
|               |          |              | Station License    |      |
+---------------+----------+--------------+--------------------+------+
| Altron        | 9509832  |              | Application for    | 9/   |
| Co            |          |              | New or Modified    | 7/95 |
| mmunications, |          |              | Microwave Radio    |      |
| LC            |          |              | Station License    |      |
+---------------+----------+--------------+--------------------+------+
| Bachow        | 9409306, |              | Application for    | 12/2 |
| Co            | 9409309  |              | Review             | 3/99 |
| mmunications, |          |              |                    |      |
| Inc           | 9409310, |              |                    |      |
|               | 9409312  |              |                    |      |
|               |          |              |                    |      |
|               | 9409313, |              |                    |      |
|               | 9409314  |              |                    |      |
|               |          |              |                    |      |
|               | 9409316, |              |                    |      |
|               | 9409322  |              |                    |      |
|               |          |              |                    |      |
|               | 9409323, |              |                    |      |
|               | 9409328  |              |                    |      |
|               |          |              |                    |      |
|               | 9409330, |              |                    |      |
|               | 9409411  |              |                    |      |
+---------------+----------+--------------+--------------------+------+
| Bachow        | 9409306  |              | Motion for         | 10/  |
| Co            |          |              | Geographic Partial | 7/99 |
| mmunications, |          |              | Grant              |      |
| Inc           |          |              |                    |      |
+---------------+----------+--------------+--------------------+------+
| Cambridge     | 9601236  | No Wire LLC  | Request for        | 9/3  |
| Partners,     |          |              | Reinstatement nunc | 0/99 |
| Inc.          |          | GHz          | pro tunc and/or    |      |
|               |          | Equipment    | Stay of Processing |      |
|               |          | Company,     | Action             |      |
|               |          | Inc.         |                    |      |
+---------------+----------+--------------+--------------------+------+
| Cambridge     | 9601372  | AT&T         | Request for        | 9/3  |
| Partners,     |          | Wireless     | Reinstatement nunc | 0/99 |
| Inc.          |          | PCS, Inc.    | pro tunc and/or    |      |
|               |          |              | Stay of Processing |      |
|               |          |              | Action             |      |
+---------------+----------+--------------+--------------------+------+
| Cambridge     | 9601375  |              | Application for    | 11/0 |
| Partners,     |          |              | New or Modified    | 8/95 |
| Inc.          |          |              | Microwave Radio    |      |
|               |          |              | Station License    |      |
+---------------+----------+--------------+--------------------+------+
| Columbia      | 9704031  |              | Petition for       | 3/1  |
| Millimeter    |          |              | Reconsideration    | 0/99 |
| C             | (        |              |                    |      |
| ommunications | formerly |              |                    |      |
|               | 9507742) |              |                    |      |
+---------------+----------+--------------+--------------------+------+
| Commco, LLC   | 9506938  |              | Application for    | 7/   |
|               |          |              | New or Modified    | 6/95 |
|               |          |              | Microwave Radio    |      |
|               |          |              | Station License    |      |
+---------------+----------+--------------+--------------------+------+
| Commco, LLC   | 9505522  |              | Application for    | 5/2  |
|               |          |              | New or Modified    | 6/95 |
|               |          |              | Microwave Radio    |      |
|               |          |              | Station License    |      |
+---------------+----------+--------------+--------------------+------+
| Commco, LLC   | 9600712, |              | Petition for       | 11/2 |
|               | 9600713  |              | Reconsideration of | 2/99 |
|               |          |              | Commco, LLC        |      |
|               | 9600719, |              |                    | 12/  |
|               | 9600720  |              | Opposition of      | 3/99 |
|               |          |              | Winstar Wireless   |      |
|               |          |              | Fiber Corp         | 12/1 |
|               |          |              |                    | 7/99 |
|               |          |              | Reply of Commco,   |      |
|               |          |              | LLC                |      |
+---------------+----------+--------------+--------------------+------+
| Commco, LLC   | 9409549, |              | Application for    | 12/2 |
|               | 9409629  |              | Review             | 7/99 |
|               |          |              |                    |      |
|               | 9505564, |              |                    |      |
|               | 9506549  |              |                    |      |
|               |          |              |                    |      |
|               | 9506550, |              |                    |      |
|               | 9506554  |              |                    |      |
|               |          |              |                    |      |
|               | 9506559, |              |                    |      |
|               | 9506573  |              |                    |      |
|               |          |              |                    |      |
|               | 9506577, |              |                    |      |
|               | 9506909  |              |                    |      |
|               |          |              |                    |      |
|               | 9506912, |              |                    |      |
|               | 9506928  |              |                    |      |
|               |          |              |                    |      |
|               | 9506929, |              |                    |      |
|               | 9506940  |              |                    |      |
|               |          |              |                    |      |
|               | 9506946, |              |                    |      |
|               | 9506949  |              |                    |      |
|               |          |              |                    |      |
|               | 9600759  |              |                    |      |
+---------------+----------+--------------+--------------------+------+
| DCT           | 9505299  |              | Application for    | 2/1  |
| Co            |          |              | Review             | 7/99 |
| mmunications, | 9504862  |              |                    |      |
|               |          |              |                    |      |
| Inc           |          |              |                    |      |
|               |          |              |                    |      |
| Winstar       |          |              |                    |      |
| Wireless, Inc |          |              |                    |      |
+---------------+----------+--------------+--------------------+------+

+---------------+-----------+-------------+-------------------+------+
| **Applicant** | **FCC     | **Party or  | Title of latest   | **Fi |
|               | File      | parties     | pleading filed    | ling |
|               | Number**  | filing      |                   | date |
|               |           | against the |                   | of   |
|               |           | referenced  |                   | la   |
|               |           | ap          |                   | test |
|               |           | plication** |                   | pl   |
|               |           |             |                   | eadi |
|               |           |             |                   | ng** |
+===============+===========+=============+===================+======+
| DCT           | 9506008   | Altron      | Petition for      | 7/2  |
| Co            |           | Comm        | Further           | 3/99 |
| mmunications, | 9502933   | unications, | Reconsideration   |      |
| Inc           |           | LC          |                   | 8/2  |
|               |           |             | Opposition to     | 6/99 |
| Altron        |           |             | Petition for      |      |
| Co            |           |             | Further           | 9/1  |
| mmunications, |           |             | Reconsideration   | 5/99 |
| LC            |           |             |                   |      |
|               |           |             | Contingent Reply  |      |
|               |           |             | to Opposition to  |      |
|               |           |             | Petition for      |      |
|               |           |             | Further           |      |
|               |           |             | Reconsideration   |      |
+---------------+-----------+-------------+-------------------+------+
| DCT           | 9405457   | Winstar     | Request for       | 3/1  |
| Co            |           | Milliwave/  | deletion of       | 0/99 |
| mmunications, |           | Wins        | channel &         |      |
| Inc           |           | tarWireless | superceded        |      |
|               |           |             | authorization     |      |
+---------------+-----------+-------------+-------------------+------+
| DCT           | 9510295,  | Milliwave,  | Petition for      | 5/2  |
| Co            | 9510294   | L.P.        | Reconsideration   | 8/99 |
| mmunications, |           |             |                   |      |
| Inc           | 9600073,  |             |                   |      |
|               | 9600054   |             |                   |      |
+---------------+-----------+-------------+-------------------+------+
| HiCap         | 9507969   |             | Request for Stay  | 9/3  |
| Networks,     |           |             | and/or            | 0/99 |
| Inc.          |           |             | Reconsideration   |      |
|               |           |             | of Processing     |      |
|               |           |             | Action / Tender   |      |
|               |           |             | of License        |      |
|               |           |             | Instrument        |      |
+---------------+-----------+-------------+-------------------+------+
| HiCap         | 9507932   |             | Request for       | 10/  |
| Networks,     |           |             | Reconsideration   | 1/99 |
| Inc.          |           |             | of Dismissal and  |      |
|               |           |             | Reinstatement     |      |
|               |           |             | Nunc Pro Tunc     |      |
|               |           |             | And/or Stay of    |      |
|               |           |             | Dismissal Action  |      |
+---------------+-----------+-------------+-------------------+------+
| HiCap         | 9600033   |             | Request to        | 10/  |
| Networks,     |           |             | Reinstate         | 1/99 |
| Inc.          |           |             | Application nunc  |      |
|               |           |             | pro tunc and/or   |      |
|               |           |             | Stay of           |      |
|               |           |             | Processing Action |      |
+---------------+-----------+-------------+-------------------+------+
| Linda Chester | 9510564   | GHz         | Request to        | 9/3  |
|               |           | Equipment   | Reinstate         | 0/99 |
|               |           | Co., Inc.   | Application nunc  |      |
|               |           |             | pro tunc or Stay  |      |
|               |           |             | dismissal         |      |
+---------------+-----------+-------------+-------------------+------+
| Linda Chester | 9510575   |             | Request for       | 9/1  |
|               |           |             | Reinstatement     | 3/99 |
|               |           |             | Nunc Pro Tunc     |      |
+---------------+-----------+-------------+-------------------+------+
| No Wire, LLC  | 9508157,  |             | Petition for      | 12/2 |
|               | 9508161   |             | Reconsideration   | 7/99 |
|               |           |             |                   |      |
|               | 9508162,  |             |                   |      |
|               | 9509287   |             |                   |      |
|               |           |             |                   |      |
|               | 9509297,  |             |                   |      |
|               | 9509303   |             |                   |      |
|               |           |             |                   |      |
|               | 9509320   |             |                   |      |
+---------------+-----------+-------------+-------------------+------+
| No Wire, LLC  | 9509297   | Winstar     | Petition for      | 12/2 |
|               |           | Wireless    | Reconsideration   | 7/99 |
|               |           | Fiber Corp  |                   |      |
+---------------+-----------+-------------+-------------------+------+
| No Wire, LLC  | 9508702,  |             | Consolidated      | 10/2 |
|               | 9509046   |             | Petition for      | 5/99 |
|               |           |             | reconsideration   |      |
|               | 9509019,  |             |                   |      |
|               | 9509301   |             |                   |      |
|               |           |             |                   |      |
|               | 9509309,  |             |                   |      |
|               | 9704317   |             |                   |      |
|               |           |             |                   |      |
|               | (p        |             |                   |      |
|               | reviously |             |                   |      |
|               | 9509048)  |             |                   |      |
+---------------+-----------+-------------+-------------------+------+
| No Wire, LLC  | 9509289   |             | Consolidated      | 10/  |
|               |           |             | Petition for      | 7/99 |
|               | 9509294   |             | Reconsideration   |      |
|               |           |             |                   |      |
|               | 9509048   |             |                   |      |
|               |           |             |                   |      |
|               | 9509304   |             |                   |      |
|               |           |             |                   |      |
|               | 9509305   |             |                   |      |
|               |           |             |                   |      |
|               | 9509279   |             |                   |      |
+---------------+-----------+-------------+-------------------+------+
| Paul R.       | 9600002   | AT&T        | Request for       | 10/  |
| Likins        |           | Wireless    | Reinstatement     | 1/99 |
|               |           | PCS, Inc.   | nunc pro tunc     |      |
|               |           |             | and/or Stay of    |      |
|               |           |             | Processing Action |      |
+---------------+-----------+-------------+-------------------+------+
| Paul R.       | 9600013   |             | Request to        | 10/  |
| Likins        |           |             | Reinstate         | 1/99 |
|               |           |             | Application nunc  |      |
|               |           |             | pro tunc and/or   |      |
|               |           |             | Stay of           |      |
|               |           |             | Processing Action |      |
+---------------+-----------+-------------+-------------------+------+

+---------------+-----------+-------------+--------------------+------+
| Applicant     | **FCC     | **Party or  | Title of latest    | **Fi |
|               | File      | parties     | pleading filed     | ling |
|               | Number**  | filing      |                    | date |
|               |           | against the |                    | of   |
|               |           | referenced  |                    | la   |
|               |           | ap          |                    | test |
|               |           | plication** |                    | pl   |
|               |           |             |                    | eadi |
|               |           |             |                    | ng** |
+===============+===========+=============+====================+======+
| Paul R.       | 9600014   | Bay Area    | Request to         | 11/2 |
| Likins        |           | Teleport,   | Reinstate          | 4/99 |
|               |           | Inc.        | Application nunc   |      |
|               |           |             | pro tunc and/or    |      |
|               |           |             | Stay of Processing |      |
|               |           |             | Action             |      |
+---------------+-----------+-------------+--------------------+------+
| PIW           | 9510391   | GEC         | Request for        | 10/  |
| Development   |           | Partners    | Reinstatement nunc | 1/99 |
| Corporation   |           | LLP         | pro tunc and/or    |      |
|               |           |             | Stay of Processing |      |
|               |           |             | Action             |      |
+---------------+-----------+-------------+--------------------+------+
| PIW           | 9510393   | Winstar     | Request for        | 10/  |
| Development   |           | Wireless,   | Reinstatement nunc | 1/99 |
| Corporation   |           | Inc.        | pro tunc and/or    |      |
|               |           |             | Stay of Processing |      |
|               |           |             | Action             |      |
+---------------+-----------+-------------+--------------------+------+
| Plaincom, Inc | 9507112,  |             | Application for    | 12/2 |
|               | 9507119   |             | Review             | 7/99 |
|               |           |             |                    |      |
|               | 9507120,  |             |                    |      |
|               | 9507123   |             |                    |      |
|               |           |             |                    |      |
|               | 9507128,  |             |                    |      |
|               | 9507130   |             |                    |      |
|               |           |             |                    |      |
|               | 9507132,  |             |                    |      |
|               | 9507134   |             |                    |      |
|               |           |             |                    |      |
|               | 9507148,  |             |                    |      |
|               | 9507149   |             |                    |      |
|               |           |             |                    |      |
|               | 9507153,  |             |                    |      |
|               | 9507165   |             |                    |      |
|               |           |             |                    |      |
|               | 9507177,  |             |                    |      |
|               | 9507517   |             |                    |      |
|               |           |             |                    |      |
|               | 9507539,  |             |                    |      |
|               | 9507541   |             |                    |      |
|               |           |             |                    |      |
|               | 9507551,  |             |                    |      |
|               | 9507552   |             |                    |      |
|               |           |             |                    |      |
|               | 9507556,  |             |                    |      |
|               | 9507562   |             |                    |      |
|               |           |             |                    |      |
|               | 9510170,  |             |                    |      |
|               | 9600275   |             |                    |      |
|               |           |             |                    |      |
|               | 9600276,  |             |                    |      |
|               | 9600277   |             |                    |      |
|               |           |             |                    |      |
|               | 9600278,  |             |                    |      |
|               | 9600279   |             |                    |      |
|               |           |             |                    |      |
|               | 9600281,  |             |                    |      |
|               | 9600350   |             |                    |      |
|               |           |             |                    |      |
|               | 9600351,  |             |                    |      |
|               | 9600353   |             |                    |      |
|               |           |             |                    |      |
|               | 9600354,  |             |                    |      |
|               | 9600355   |             |                    |      |
|               |           |             |                    |      |
|               | 9600356,  |             |                    |      |
|               | 9600357   |             |                    |      |
|               |           |             |                    |      |
|               | 9600359,  |             |                    |      |
|               | 9600360   |             |                    |      |
|               |           |             |                    |      |
|               | 9600482   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Plaincom, Inc | 9507123   |             | Application for    | 12/  |
|               |           |             | Review             | 2/99 |
+---------------+-----------+-------------+--------------------+------+
| Plaincom, Inc | 9507559   |             | Application for    | 10/2 |
|               |           |             | Review             | 9/99 |
+---------------+-----------+-------------+--------------------+------+
| Plaincom,     | 9600358   | Telecom     | Petition for       | 10/2 |
| Inc.          |           | One, Inc.   | Reconsideration    | 9/99 |
|               |           |             |                    |      |
|               |           | No Wire,    |                    |      |
|               |           | LLC         |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Sauro, Ronna  | 9509679   | Linda       | Petition to        | 9/1  |
|               |           | Chester     | Dismiss            | 6/99 |
+---------------+-----------+-------------+--------------------+------+
| Sintra        | 9507320   |             | Application for    | 7/1  |
| Capital       |           |             | New or Modified    | 4/95 |
| Corporation   |           |             | Microwave Radio    |      |
|               |           |             | Station License    |      |
+---------------+-----------+-------------+--------------------+------+
| Sintra        | 9508150   |             | Application for    | 6/0  |
| Capital       |           |             | Review             | 1/99 |
| Corporation   | 9508154   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Sintra        | 9510444   |             | Petition for       | 9/2  |
| Capital       |           |             | Partial            | 9/99 |
| Corporation   |           |             | Reconsideration    |      |
+---------------+-----------+-------------+--------------------+------+
| Sintra        | 9507361   |             | Application for    | 4/   |
| Capital       |           |             | Review             | 1/99 |
| Corporation   |           |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Sintra        | 9507387   |             | Petition for       | 10/1 |
| Capital       |           |             | reconsideration    | 5/99 |
| Corporation   |           |             |                    |      |
+---------------+-----------+-------------+--------------------+------+

+---------------+-----------+-------------+--------------------+------+
| Applicant     | **FCC     | **Party or  | Title of latest    | **Fi |
|               | File      | parties     | pleading filed     | ling |
|               | Number**  | filing      |                    | date |
|               |           | against the |                    | of   |
|               |           | referenced  |                    | la   |
|               |           | ap          |                    | test |
|               |           | plication** |                    | pl   |
|               |           |             |                    | eadi |
|               |           |             |                    | ng** |
+===============+===========+=============+====================+======+
| Sintra        | 9506532,  |             | Application for    | 12/2 |
| Capital       | 9506539   |             | Review             | 7/99 |
| Corporation   |           |             |                    |      |
|               | 9506541,  |             |                    |      |
|               | 9506543   |             |                    |      |
|               |           |             |                    |      |
|               | 9506561,  |             |                    |      |
|               | 9506562   |             |                    |      |
|               |           |             |                    |      |
|               | 9506569,  |             |                    |      |
|               | 9506572   |             |                    |      |
|               |           |             |                    |      |
|               | 9507313,  |             |                    |      |
|               | 9507314   |             |                    |      |
|               |           |             |                    |      |
|               | 9507355,  |             |                    |      |
|               | 9507357   |             |                    |      |
|               |           |             |                    |      |
|               | 9507360,  |             |                    |      |
|               | 9507366   |             |                    |      |
|               |           |             |                    |      |
|               | 9507383,  |             |                    |      |
|               | 9507385   |             |                    |      |
|               |           |             |                    |      |
|               | 9507386,  |             |                    |      |
|               | 9507390   |             |                    |      |
|               |           |             |                    |      |
|               | 9507506,  |             |                    |      |
|               | 9507508   |             |                    |      |
|               |           |             |                    |      |
|               | 9507511,  |             |                    |      |
|               | 9507512   |             |                    |      |
|               |           |             |                    |      |
|               | 9507514   |             |                    |      |
|               | ,9507534  |             |                    |      |
|               |           |             |                    |      |
|               | 9508142   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| SMC           | 9507909   |             | Application for    | 7/2  |
| Associates    |           |             | New or Modified    | 4/95 |
|               |           |             | Microwave Radio    |      |
|               |           |             | Station License    |      |
+---------------+-----------+-------------+--------------------+------+
| Southfield    | 9509275   |             | Request for Stay   | 9/3  |
| Co            |           |             | and/or             | 0/99 |
| mmunications, |           |             | Reconsideration of |      |
| LLC           |           |             | Processing Action  |      |
|               |           |             |                    |      |
|               |           |             | Tender of License  |      |
|               |           |             | Instrument         |      |
+---------------+-----------+-------------+--------------------+------+
| Sterman, Eric | 9600663,  | WinStar     | Petition for       | 10/1 |
|               | 9600664   | Wireless    | Reconsideration    | 4/99 |
|               |           | Fiber Corp  |                    |      |
|               | 960066    |             |                    |      |
|               | 9-9600690 |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Winstar       | WPOP58    |             | Request for        | 11/0 |
| Wireless      | 5-WPOP602 |             | License Correction | 8/99 |
| Fiber Corp    |           |             |                    |      |
|               | WPOV372,  |             |                    |      |
|               | WPOU595   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Winstar       | WPOP595   |             | Request for        | 9/2  |
| Wireless      | WPOP592   |             | License Correction | 0/99 |
| Fiber Corp    |           |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Winstar       | 9404172,  | Bachow      | Motion for         | 10/  |
| Wireless      | 9404190   | Comm        | Dismissal Nunc Pro | 5/99 |
| Fiber Corp    |           | unications, | Tunc or for        |      |
|               |           | Inc         | Declaratory Ruling |      |
+---------------+-----------+-------------+--------------------+------+
| Winstar       | 9404165,  | Plaincom,   | Application for    | 11/2 |
| Wireless      | 9404168   | Inc         | Review of          | 4/99 |
| Fiber Corp    |           |             | Plaincom, Inc and  |      |
|               | 9404170,  | Sterman,    | Eric Sterman       | 12/1 |
| Plaincom, Inc | 9404172   | Eric        |                    | 3/99 |
|               |           |             | Opposition of      |      |
|               | 9404175,  |             | Winstar Wireless   | 12/2 |
|               | 9404178   |             | Fiber Corp         | 7/99 |
|               |           |             |                    |      |
|               | 9404183,  |             | Reply of Plaincom, |      |
|               | 9404189   |             | Inc and Eric       |      |
|               |           |             | Sterman            |      |
|               | 9404190,  |             |                    |      |
|               | 9404192   |             |                    |      |
|               |           |             |                    |      |
|               | 9510171   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| Winstar       | 9404167,  |             | Application for    | 3/   |
| Wireless      | 9404169   |             | New or Modified    | 4/94 |
| Fiber Corp    |           |             | Microwave Radio    |      |
|               | 9404171,  |             | Station License    |      |
|               | 9404173   |             |                    |      |
|               |           |             |                    |      |
|               | 9404174,  |             |                    |      |
|               | 9404176   |             |                    |      |
|               |           |             |                    |      |
|               | 9404177,  |             |                    |      |
|               | 9404179   |             |                    |      |
|               |           |             |                    |      |
|               | 9404180,  |             |                    |      |
|               | 9404185   |             |                    |      |
|               |           |             |                    |      |
|               | 9404186,  |             |                    |      |
|               | 9404187   |             |                    |      |
|               |           |             |                    |      |
|               | 9404188,  |             |                    |      |
|               | 9404191   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+
| WinStar       | 9509407,  |             | Petition for       | 9/   |
| Wireless      | 9509415   |             | Reconsideration    | 9/99 |
| Fiber Corp    |           |             |                    |      |
|               | 9509416   |             |                    |      |
+---------------+-----------+-------------+--------------------+------+

  --------------------------------------------------------------------------------
  Applicant        **FCC File   **Party or      Title of latest       **Filing
                   Number**     parties filing  pleading filed        date of
                                against the                           latest
                                referenced                            pleading**
                                application**                         
  ---------------- ------------ --------------- --------------------- ------------
  Winstar          9504849                      Application for New   5/10/95
  Wireless, Inc                                 or Modified Microwave 
                                                Radio Station License 

  Winstar          9507948                      Application for New   7/24/95
  Milliwave                                     or Modified Microwave 
                                                Radio Station License 

  Wireless Telco   9510601      Commco, LLC     Request to Reinstate  10/1/99
                                                Application nunc pro  
                                                tunc and/or Stay of   
                                                Processing Action     

  Wireless Telco   9507962                      Request to Reinstate  9/30/99
                                                Application nunc pro  
                                                tunc and/or Stay of   
                                                Processing Action /   
                                                Tender of License     
                                                Instrument            

  Wireless Telco   9510603      Bay Area        Request for           10/27/99
                                Teleport, Inc.  Reinstatement nunc    
                                                pro tunc and/or Stay  
                                                of Processing Action  
  --------------------------------------------------------------------------------

# Attachment C

FCC AUCTION SEMINAR REGISTRATION FORM

Auction No. 30

The FCC will sponsor a one-day seminar for Auction No. 30 applicants.
The seminar is free of charge and will provide information about
pre-auction procedures, service and auction rules, conduct of the
auction, and the FCC remote bidding software.

A maximum of two representatives from each company may attend on a
reservation basis, first-come first-served until room capacity is
filled. Additional seating may be available on a stand-by basis the day
of the seminar. The seminar will be held:

**Thursday, March 2, 2000**

**Federal Communications Commission**

**445 12^th^ Street S.W.**

#### Washington, DC 20554 {#washington-dc-20554 .unnumbered}

**Registration 8:30 a.m. - 9:30 a.m.**

**Seminar 9:30 a.m. - 4 p.m.**

**If hotel accommodations are needed**

**Please contact 1-888-225-5322 (option #2) for a list of hotels in the
area**

**\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\***

**To register, complete the form below and**

**return no later than**

**Tuesday, February 29, 2000,** by mail or fax to:

FCC Auction 30

Auctions Operations Branch

1270 Fairfield Road

Gettysburg, PA 17325-7245

FAX: 717-338-2850

Phone: 717-338-2888

I/We will attend the Auction No. 30 Seminar, scheduled for **Thursday,
March 2, 2000.**

Name of attendee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of attendee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Company name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Fax:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# Attachment D

**ELECTRONIC FILING AND REVIEW**

**OF THE FCC FORM 175**

Applicants must submit their FCC Form 175 applications electronically
using the Commission\'s remote access system. This system will generally
be available 24 hours per day. FCC Form 175 applications must be
submitted and confirmed by **5:30 p.m. ET on Monday, March 13, 2000.**
Late applications or unconfirmed submissions of electronic data will not
be accepted.

Applicants must press the **175 Submit** button on the *Submit* page to
successfully submit their FCC Form 175. The electronic filing process
consists of an initial filing period and a resubmission period to make
minor corrections. During each filing period, submitted applications may
be updated and amended multiple times until the filing deadline.

Applicants will need to meet the following minimum hardware and software
requirements:

**Minimum Hardware Requirements**

-   CPU: Intel Pentium

-   RAM: 16 MB (more recommended if you have multiple applications open)

-   Modem: v.32bis 14.4kbps Hayes compatible modem or faster (recommend
    56.6 Kbps)

-   Monitor: VGA or above

-   Mouse or other pointing device

**Minimum Software Requirements**

-   Operating System: Microsoft Windows 95 or 98

-   PPP (Point-to-Point Protocol) Dialer: Use the Dial-Up Networking
    feature included with Windows 95/98

-   Web Browser: Netscape Communicator 4.7 is recommended. However, you
    can also use Netscape Communicator 4.5, 4.51, or 4.61 (Internet web
    browser software).

**Note:** To download Netscape Communicator 4.7 free of charge, access
the Netscape download site at ***http://home.netscape.com/download/***

-   PDF Viewer: Adobe Acrobat Reader 3.0 or higher (available at
    ***http://www.adobe.com***)

-   If you wish to use the download feature in the Form 175 Review, you
    will need a .tar file extraction utility, e.g., Winzip (available at
    ***http://www.winzip.com***) or Pkzip for Windows (available at
    ***http://www.pkware.com/download.html***).

**Submitting FCC Form 175 Applications**

To submit FCC Form 175 applications electronically, you must first
connect to the FCC Network via a toll-free phone number (877-844-2788)
using Dial-Up Networking. Dial-Up Networking establishes a
point‑to‑point connection from your PC to the FCC Network. *This
point‑to‑point connection is not routed through the Internet*.

> **Note:** For instructions on how to connect to the FCC Network using
> Dial-Up Networking, see the *Accessing the FCC Network Using Windows
> 95/98* attachment.

After you have connected to the FCC Network, start your Netscape Web
browser. In your browser's *Location* field, enter
***http://wtbwww34.fcc.gov*** and then click **175 Submit**.

When uploading attachments in FCC Form 175 Submission, applicants may
use a variety of file formats \-- including Word, WordPerfect, Adobe
PDF, Excel, Lotus, and ASCII text \-- and should verify that the files
contain all exhibit information. Graphics file uploads (e.g., *.bmp*,
*.tiff*, *.jpg*) are not supported, and graphics images should not be
imported into any word processing files that are uploaded.

After you upload an attachment, check to see if it converted properly by
selecting the PDF filename in the rightmost column. The conversion
process generally completes within thirty minutes. If you are unable to
read this file after it has been converted, please do the following:

1\. Re-upload the attachment.

2\. If the file still has not converted properly, then simplify the
formatting of the file.

For example, if you are using a Table structure in a WordPerfect
document, remove the Table structure and leave the contents of the
table, then re-upload the attachment.

After you have successfully re-uploaded an attachment, please delete the
old, unreadable attachment files.

Applicants must press the **Submit Form 175** button on the *Submit*
page to successfully submit their FCC Form 175. During each filing
period, submitted applications may be updated and amended multiple times
until the filing deadline.

When you have finished, exit your Web browser; then disconnect from the
FCC Network.

**Reviewing FCC Form 175 Applications**

Once the FCC has completed the 175 Review process, you can review FCC
Form 175 applications electronically via the Internet. Start your
Netscape Web browser. In your browser's *Location* field, enter
***http://wtbwww15.fcc.gov*** and then click **175 Review**.

**Help**

For technical assistance with installing or using FCC software, contact
the FCC Technical Support Hotline at (202) 414‑1250 (V) or (202)
414-1255 (TTY). The FCC Technical Support Hotline is generally available
Monday through Friday, from 8 a.m. to 6 p.m. ET. *All calls to the FCC
Technical Support Hotline are recorded.*

# ATTACHMENT E

**GUIDELINES FOR COMPLETION**

**OF FCC FORM 175 AND EXHIBITS**

**A. FCC Form 175**

Because of the significance of the FCC Form 175 application to the
auction, bidders should especially note the following:

**Applicant Name:** Name given is used as your bidder name in the
auction.

**Address:** Give a street address (not a Post Office box number) for
the applicant, suitable for mail or private parcel delivery.

**Applicant Classification:** Applicants must indicate their legal
classification. The FCC Form 175 requires the applicant to classify
itself as an individual, joint venture, partnership, trust, corporation,
consortium, association, limited liability company (LLC) or government
entity.

**Applicant Status:** Applicants are also requested to indicate their
status as a rural telephone company, minority-owned business and/or
women-owned business, so that the FCC can monitor its performance in
promoting economic opportunities for these designated entities.

**Bidding Credit Eligibility:** Be advised that this is the sole
opportunity applicants have to elect small business or very small
business status and bidding credit level (if applicable), and there is
no opportunity to change the election once the short-form filing
deadline passes.

-   Small business or very small business applicants should enter the
    applicable bidding credit from the drop down menu. Applicants should
    be aware that this is the sole opportunity that they will have to
    elect the appropriate bidding credit.

**License Selection:** Applicants should identify all licenses on which
they want to be eligible to bid in the auction. Be advised that there is
no opportunity to change this list once the short-form filing deadline
passes. The FCC auction system will not accept bids on licenses for
which an applicant has not applied on its FCC Form 175.

**Authorized Bidders:** Applicants must list the name(s) of the
person(s) (no more than three) authorized to represent them at the
auction. Only those individuals listed on the FCC Form 175 will be
authorized to place or withdraw bids for the applicant during the
auction. **Note: Applicants may only share a common authorized bidder(s)
if each applicant has selected separate markets. *See* 47 CFR §
1.2105(c)**.

**Certifications:** Applicants should carefully read the list of
certifications on the FCC Form 175. These certifications help to ensure
a fair and competitive auction and require, among other things,
disclosure to the Commission of certain information on applicant
ownership and agreements or arrangements concerning the auction.
Submission of an FCC Form 175 application constitutes a representation
by the certifying official that he or she is an authorized
representative of the applicant, has read the form\'s instructions and
certifications, and that the contents of the application and its
attachments are true and correct. Submission of a false certification to
the Commission may result in penalties, including monetary forfeitures,
license forfeitures, ineligibility to participate in future auctions,
and/or criminal prosecution.

**Contact person/address:** If the Commission wishes to communicate with
the applicant by telephone or fax, those communications will be directed
to the contact person identified on the FCC Form 175. Space is provided
for an address, telephone number, fax number, and e-mail address. All
written communication and registration information will be directed to
the applicant\'s contact person at the address specified on the FCC Form
175. Applicants must provide a street address; no P.O. Box addresses may
be used.

**Completeness:** Applicants must submit all information required by the
FCC Form 175 and by applicable rules. Failure to submit required
information by the resubmission date will result in dismissal of the
application and inability to participate in the auction. *See* 47 C.F.R.
§ 1.2105(b).

**NOTE: Applicants must press the \"Submit Form 175\" button on the
\"Submit\" page to successfully submit their FCC Form 175.**

**Continuing Accuracy:** Each applicant is responsible for the
continuing accuracy and completeness of information furnished in the FCC
Form 175 and its exhibits. *See* 47 C.F.R. § 1.65. It is the FCC\'s
position that during the conduct of an auction, thirty business days
from a reportable change is a reasonable period of time. Applicants are
reminded that they consent to be audited in the certification section of
the FCC Form 175 (see certification item number 6).

**B. Exhibits and Attachments**

In addition to the FCC Form 175 itself, applicants must submit
additional information required by the FCC\'s rules. Although the FCC
does not require a particular format for this information, it has
developed the following guidelines that will facilitate the processing
of

short-form applications. The FCC encourages applicants to submit this
information using the following format.

*If you find that an attachment has not converted properly to Adobe PDF
format, take the following steps:*

*1) Delete the failed attachment.*

*2) Simplify the formatting of the file. For example, if using a Table
structure in a WordPerfect document, remove the Table structure leaving
the contents of the table, re‑save the document.*

*3) Re‑upload the attachment.*

**NOTE: Applicants should not list their TIN numbers on any Exhibits to
their**

**FCC Form 175s.**

**Exhibit A \-- Applicant Identity and Ownership Information**: 47
C.F.R. § 1.2105(a)(2)(ii) requires each applicant to fully disclose the
real party or parties-in-interest in an exhibit to its FCC Form 175
application. Each member of an applicant applying to bid as a small or
very small business consortium must provide this information. The
following information is required:

**1. General Information**

***Applicant Status Required Information***

Corporation Corporate name and address; and name, title, and citizenship
of a responsible officer or director.

Limited Liability Name, address, and citizenship of all members.

General Partnership Name, citizenship, and address of all partners, and
the share or interest participation of each partner.

Limited Partnership Name, citizenship, and address of each limited
partner whose interest in the applicant is equal to or greater than 10
percent (as calculated according to the percentage of equity paid in and
the percentage of distribution of profits and losses).

Trust Name, citizenship, and address of trustee.

None of the above Name, citizenship, title or other relation to the
applicant, and address of a principal or other responsible person.

**2. Ownership Information**

***Applicant Status Required Information***

All applicants Name, citizenship, and address of all controlling
interests of the applicant as defined in Part II.C.1 of this

Public Notice.

All applicants Name, citizenship, and address of all parties holding 10
percent or more of each class of stock, warrants, options or debt
securities and the amount and percentage held.

All applicants Name of all parties holding a 10 percent or greater
interest in the applicant and the specific amount held.

All applicants List of any FCC-licensed entity or applicant for an FCC
license, in which

a\. the applicant;

b\. any party with a 10 percent or greater interest in the applicant; or

c\. a controlling interest (as discussed in Part II.C.1 of this Public
Notice) of the applicant owns a 10 percent or greater interest or 10
percent or more of any class of stock, warrants, options or debt
securities. (*See also* 47 C.F.R. §§ 101.1209 and 1.2110) This list must
include a description of each such entities\' principal business and a
description of each such entities\' relationship to the applicant.

*Example of a.* The applicant owns 10 percent of Company A (an
FCC-licensed entity or an applicant for an FCC license). The applicant
must list Company A on its Form 175

Exhibit A and provide the required information.

*Example of b.* Company A owns 10 percent of the applicant and 10
percent of Company B (an FCC-licensed entity or an

applicant for an FCC license). The applicant must list both Company A
and Company B on its Form 175 Exhibit A and provide the required
information.

*Example of c.* A owns 55% of the applicant and owns 10 percent of
Company B (an FCC-licensed entity or an

> Applicant for an FCC license). The applicant must list both A and
> Company B on its Form 175 Exhibit A and provide the required
> information.

All applicants List of all parties holding indirect ownership interests
in the applicant as determined by successive multiplication of the
ownership percentages in each link of the vertical ownership chain, that
equals 10 percent or more of the applicant, except that if the ownership
percentage for any link in the chain exceeds 50 percent or represents
actual control, it shall be reported as if it were a 100 percent
interest.

> *Example.* A owns 10% of Company B, which owns 60% of Company C, which
> owns 25% of the applicant.
>
> Company B\'s interest in the applicant would be 25% (the same as
> Company C\'s interest since Company B\'s interest in Company C exceeds
> 50%), and A\'s interest in the applicant would be 2.5% (0.1 \* 0.25).
> Under the 10% attribution benchmark, Company B\'s interest in the
> applicant must be reported on the applicant\'s FCC Form 175 Exhibit A,
> while A\'s interest in the applicant need not be reported. However, if
> A owned 40% of Company B in the above example, then A\'s interest in
> the applicant would be 10% (0.4 \* 0.25), and the applicant would need
> to report it on the applicant\'s FCC Form 175 Exhibit A.

**Exhibit B \-- Agreements with Other Parties/Joint Bidding
Arrangements:** Applicants must attach an exhibit identifying all
parties with which they have entered into any agreements, arrangements
or understandings which relate in any way to the licenses being
auctioned, including any relating to the post-auction market structure.
*See* 47 C.F.R. §1.2105(a)(2)(viii).

Be aware that pursuant to Certification (4) on the FCC Form 175, the
applicant certifies that it will not enter into any explicit or implicit
agreements or understandings of any kind with parties not identified in
the application regarding bid amounts, bidding strategies, or the
particular licenses the applicant will or will not bid. *See* 47
C.F.R..§ 1.2105(a)(2)(ix). *To prevent collusion, the Commission\'s
Rules generally prohibit communication among applicants for the same
license areas between the initial short-form applications filing
deadline and the down payment on licenses won, when such communications
concern bids, bidding strategies, or settlements.* 47 C.F.R. §
1.2105(c).

**Exhibit C \-- Status as a Small Business or Very Small Business**:
Applicants claiming status as a very small business or small business
must attach an exhibit providing the following information regarding
this status.

***Entity Required Information***

Applicant Average gross revenues for the preceding three years set forth
*both separately* (*e.g.*, for each of the three preceding three years
individually) *and in the aggregate* (for all of the preceding three
years combined). Certification that the average gross revenues for the
preceding three years do not exceed the required limit, or providing
average gross revenues for the 3-year period without providing the gross
revenues for each of the preceding three years, is insufficient.

Applicant\'s Affiliates

*see* 47 CFR § 101.1209 same information required as discussed above

Applicant\'s

Controlling Interests

*See* Part II.C.1, *supra*.

*See also Report and Order*

*and Second NPRM*

at ¶¶ 148-54. same information required as discussed above

> *Example.* The applicant had gross revenues of \$500,000 in 1997,
> \$1,000,000 in 1998, and \$3,000,000 in 1999, with average gross
> revenues for that time period of \$1,500,000.
>
> The applicant owns 60% of Company A, making Company A an affiliate of
> the applicant under Section 1.2110(b)(4)(i)(B), and Company B owns 52%
> of the applicant (making Company B a controlling interest of the
> applicant, as defined in Part II.C.1 of this Public Notice. The
> applicant\'s Exhibit C would look like this:

Applicant Name

1997 gross revenues \$ 500,000

1998 gross revenues \$ 1,000,000

1999 gross revenues \$ 3,000,000

Average gross revenues

for the preceding 3 years \$ 1,500,000

Company A (an affiliate of the applicant)

1997 gross revenues \$ enter amount

1998 gross revenues \$ enter amount

1999 gross revenues \$ enter amount

Average gross revenues

for the preceding 3 years \$ enter amount

Company B (a controlling interest in the applicant)

1997 gross revenues \$ enter amount

1998 gross revenues \$ enter amount

1999 gross revenues \$ enter amount

Average gross revenues

for the preceding 3 years \$ enter amount

**TOTAL: combined average gross revenues for the preceding three years
of the applicant, the applicant\'s affiliates and their controlling
interests**

**NOTE: Each member of an applicant that is applying to bid as a
consortium of small or very small businesses must provide this
information and qualify for the claimed status.**

**Exhibit D \-- Information Requested of Designated Entities:**
Applicants owned by minorities or women, as defined in 47 C.F.R. §
1.2110(b), or that are rural telephone companies, may attach an exhibit
regarding this status. This information, in conjunction with the
information requested in Block 10 of the FCC Form 175, will assist the
Commission in monitoring the participation of these \"designated
entities\" in its auctions.

**Exhibit E \-- Miscellaneous Information**: Applicants wishing to
submit additional information should include it in Exhibit E.

Applicants are reminded that all information required in connection with
applications to participate in spectrum auctions is necessary to
determine the applicants\' qualifications, and as such will be available
for public inspection. Required proprietary information may be redacted,
or confidentiality may be requested, following the procedures set forth
in 47 C.F.R. § 0.459. Such requests must be submitted in writing to Amy
Zoslov, Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12^th^
Street, S.W., Room 4-A760, Washington, D.C. 20554 (with a separate copy
mailed to Kenneth Burnley, Legal Branch, Auctions and Industry Analysis
Division), in which case the applicant must indicate in Exhibit E that
it has filed a confidentiality request. Because the required information
bears on applicants\' qualifications, the FCC envisions that
confidentiality requests will not be routinely granted.

**Waivers:** Applicants requesting waiver of any rules must submit a
statement of reasons sufficient to justify the waiver sought. *See* 47
C.F.R. § 1.3.

**AUCTION-SPECIFIC INSTRUCTIONS FOR**

**FCC REMITTANCE ADVICE (FCC FORM 159)**

**Upfront Payments**

The following information supplements the standard instructions for FCC
Form 159, and is provided to help ensure correct completion of FCC Form
159 for upfront payments for Auction No. 30. Applicants need to complete
FCC Form 159 carefully, since:

-   Mistakes may affect their bidding eligibility; and

-   Lack of consistency between information set forth in FCC Form 159,
    FCC Form 175, long-form application, and correspondence about an
    application may cause processing delays.

Therefore appropriate cross-references between the FCC Form 159
Remittance Advice

and the FCC Form 175 Short Form Application are described below:

Block

Number Required Information

> 1 LOCKBOX \# - Enter \"358420\"
>
> 2 Payer Name - Enter the name of the person or company making the
> payment.
>
> If the applicant itself is the payer, this entry would be the same as
> FCC Form 175.
>
> 3 Total Amount Paid - Enter the amount of the upfront payment
> associated with the FCC Form 159.
>
> 4-8 Street Address, City, State, ZIP Code - Enter the street mailing
> address (not Post Office box number) where mail should be sent to the
> payer. If the applicant is the payer, these entries would be the same
> as FCC Form 175, blocks 2 through 5.
>
> 9 Daytime Telephone Number - Enter the telephone number of a person
> knowledgeable about this upfront payment.
>
> 10 Country Code - For addresses outside the United States, enter the
> appropriate postal country code (available from the Mailing
> Requirements Department of the U.S. Postal Service).
>
> 20A Payment Type Code - Enter \"A30U\"
>
> 21A Quantity - Enter the number \"1\"
>
> 22A Amount Due - Enter the total upfront payment due.
>
> 23A FCC Code 1 - Enter the number \"30\" (indicating Auction No. 30).
>
> 26 Applicant TIN - Same as FCC Form 175, block 7.

NOTES:

-   Do not use Remittance Advice (Continuation Sheet), FCC Form 159-C,
    for upfront payments.

-   If applicant is different from the payer, complete blocks 11 through
    18 for the applicant, using the same information shown on FCC
    Form 175. Otherwise leave them blank.

-   Since credit card payments will not be accepted for this auction,
    leave this area blank.

**Winning Bidder Requirements, Down Payments and Final Payments**

Specific information regarding down payments and final payments will be
included in a post-auction Public Notice announcing the winning bidders.

# Attachment F

FCC BIDDING PREFERENCE/

REMOTE SOFTWARE ORDER FORM

Auction No. 30

***All qualified applicants who plan to participate in this auction
[must]{.underline} complete the form below.***

Each qualified applicant choosing to bid electronically must purchase
their own FCC Remote Bidding Software. Electronic bids will only be
accepted from those applicants purchasing the software, however, the
software may be copied by the applicant for use by its authorized
bidders at different locations.

The price of the FCC Remote Bidding Software is **\$175.00**, which
includes a user manual and shipping costs. (Since bidding software is
tailored to a specific auction, previous versions will not work for
Auction #30.) For security purposes, the software is only mailed to the
contact person at the contract address listed on the FCC Form 175.

Completed forms should be printed and either faxed or mailed to the
address below, ensuring receipt by no later than 5:30 p.m. ET on
**Tuesday, March 28, 2000.**

FCC BIDDING PREFERENCE (Auction No. 30)

[Auction Operations Branch]{.underline}

1270 Fairfield Rd.

Gettysburg, PA 17325-7245

FAX: 717-338-2850

Auction Applicant:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FCC Assigned Account No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Contact Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_

Contact
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact City: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Contact State: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact Zip: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Contact Fax: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Bidding Preference: \_\_\_\_ Electronic \_\_\_\_ Telephonic

If planning to bid electronically, please complete the following:

Type: \_\_\_\_3.5 Diskette \_\_\_\_ CD-Rom

Payment of \$175.00 US by: \_\_\_\_ Check (payable to FCC) \_\_\_\_
Mastercard \_\_\_\_ Visa

Credit card number
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Expiration
date \_\_\_\_\_\_\_\_\_\_\_\_

Name on card
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Authorized signature
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date \_\_\_\_\_\_\_\_\_\_\_

# ATTACHMENT G

**Bid Increments and Exponential Smoothing**

*Background*. The Auctions Automation System ("AAS") calculates the
minimum bid increment for each license with a standing high bid in each
round of the auction based on all bidding activity for the license. For
this auction, the Commission will use a standard exponential smoothing
methodology to calculate minimum bid increments.

The AAS' exponential smoothing formula calculates the bid increment
based on a weighted average of activity received for each license in all
previous rounds. This methodology allows the Commission to tailor each
license's bid increment based on its specific level of activity
throughout the auction and provides a fairer means to determine license
value.

*Calculation*. The calculation of the percentage bid increment increase
for each license for the current round is made at the end of the
previous round. The computation is based on an activity index, which is
calculated as the weighted average of the activity in that round and the
activity index from the prior round. The activity index at the start of
the auction (round 0) will be set at 0. The current activity index is
equal to a weighting factor times the number of new bids received on the
license in the most recent bidding round plus one minus the weighting
factor times the activity index from the prior round. The activity index
is then used to calculate a percentage increment by multiplying a
minimum percentage increment by one plus the activity index with that
result being subject to a maximum percentage increment. The Commission
will initially set the weighting factor at 0.5, the minimum percentage
increment at 0.1, and the maximum percentage increment at 0.2. (See
example below.)

***Equations***

A~i~ = (C \* B~i~) + ( (1-C) \* A~i-1~)

I~i+1~ = smaller of ( (1 + A~i~) \* N) and M

where,

A~i~ = activity index for the current round (round i)

C = activity weight factor

B~i~ = number of bids in the current round (round i)

A~i-1~ = activity index from previous round (round i-1), A~0~ is 0

I~i+1~ = percentage bid increment for the next round (round i+1)

N = minimum percentage increment or bid increment floor

M = maximum percentage increment or bid increment ceiling

Under the exponential smoothing methodology, once a bid has been
received on a license, the minimum acceptable bid for that license in
the following round will be the new high bid plus the dollar amount
associated with the percentage increment (variable I~i+1~ from above
times the high bid). This result will be rounded to the nearest thousand
if the minimum acceptable bid is over ten thousand dollars or to the
nearest hundred if it is under ten thousand dollars.

**Examples**

License 1

C=0.5, N = 0.1, M = 0.2

[Round 1 (2 new bids, high bid = \$1,000,000)]{.underline}

1\. Calculation of percentage increment for round 2 using exponential
smoothing:

A~1~ = (0.5 \* 2) + (0.5 \* 0) = 1

The smaller of I~2~ = (1 + 1) \* 0.1 = 0.2 or 0.2 (the maximum
percentage increment)

2\. Minimum bid increment for round 2 using the percentage increment
(I~2~ from above)

0.2 \* \$1,000,000 = \$200,000

3\. Minimum acceptable bid for round 2 = \$1,200,000

[Round 2 (3 new bids, high bid = \$2,000,000)]{.underline}

1\. Calculation of percentage increment for round 3 using exponential
smoothing:

A~2~ = (0.5 \* 3) + (0.5 \* 1) = 2

The smaller of I~3~ = (1 + 2) \* 0.1 = 0.3 or 0.2 (the maximum
percentage increment)

2\. Minimum bid increment for round 3 using the percentage increment
(I~3~ from above)

0.2 \* \$2,000,000 = \$400,000

3\. Minimum acceptable bid for round 3 = \$2,400,000

[Round 3 (1 new bid, high bid = \$2,400,000)]{.underline}

1\. Calculation of percentage increment for round 4 using exponential
smoothing:

A~3~ = (0.5 \* 1) + (0.5 \* 2) = 1.5

The smaller of I~4~ = (1 + 1.5) \* 0.1 = 0.25 or 0.2 (the maximum
percentage

increment)

2\. Minimum bid increment for round 4 using the percentage increment
(I~4~ from above)

0.2 \* \$2,400,000 = \$480,000

3\. Minimum acceptable bid for round 4 = \$2,880,000

# Attachment H

**ACCESSING THE FCC NETWORK USING**

**WINDOWS 95/98**

This attachment describes how to access the FCC Network from a system
that is running the Microsoft Windows 95 or Microsoft Windows 98
operating system. This involves configuring dial-up network access and
then performing the dial-up procedure. Dial-up access to the FCC Network
is required to submit FCC Form 175 applications electronically or use
the FCC Remote Access System.

> **Note:** Dial-up access to the FCC Network is ***not*** required to
> review FCC Form 175 applications. You can perform that function from
> the Internet, by entering location ***http://wtbwww15.fcc.gov/*** on
> your Netscape Web browser and clicking the **175 Review** button.

**[Conventions]{.underline}**

The instructions in this section use the following typographical
conventions:

**bold** Represents objects on the screen that you click with the mouse
pointer, including buttons, Internet links, icons, tabs, menu items
(e.g., **Cancel** button, **Auctions** link, **Save** option in the File
menu).

*italic* Represents field names or areas of a screen (e.g., *Applicant*
field, *Selected Licenses* area of a screen).

***bold italic*** Represents characters that you must type exactly as
they appear in the instructions. For example, if you are instructed to
type ***http://wtbwww26.fcc.gov***, you should type all of the
characters shown in bold italic exactly as they are printed.

[Small Caps]{.smallcaps} Represents keys on the keyboard (e.g., [Enter,
Ctrl, Esc]{.smallcaps}).

***Note:*** Throughout these instructions, "enter" means to type the
appropriate information and then press the [Enter]{.smallcaps} key.

**Configuring Dial-Up Networking**

1\. To start dial-up networking:

> a\. Click the Windows 95/98 **Start** button.
>
> b\. Click the **Programs** option to display the Programs menu.
>
> c\. Click the **Accessories** option to display the Accessories menu.
>
> d\. In Windows 95, click **Dial-Up Networking**.
>
> In Windows 98, click **Communications**, then **Dial-Up Networking** .
>
> If Dial-Up Networking is not an option on your Accessories menu, you
> should install it from your Windows 95/98 CD or diskettes.

2\. When the Dial-Up Networking window appears, double-click the **Make
New Connection** icon.

> The Make New Connection window appears.

3\. If you are connecting to submit FCC Form 175 applications, type
***FCC Auctions 877#*** in the field titled *Type a name for the
computer you are dialing.*

> If you are connecting to use the FCC Remote Access System, type ***FCC
> Auctions 900#*** in the field titled *Type a name for the computer you
> are dialing.*
>
> **Note**: If you connect to the FCC's 900# telephone service, there is
> a charge of \$2.30 per minute. The first minute of connection time to
> the 900 number service is at no charge.

4\. In Windows 95, click the down arrow at the right of the *Select a
modem* field and select your modem from the menu of available modems.

> In Windows 98, click the down arrow at the right of the *Select a
> device* field and select your modem from the menu of available
> devices.
>
> If your modem does not appear on this list, you must install your
> modem driver according to the modem manufacturer installation
> procedures, which are usually described in your modem's user manual.

5\. Click the **Next** button.

6\. If you are connecting to submit FCC Form 175 applications, type
***877*** and ***844-2788*** in the *Area Code* and *Telephone Number*
fields, respectively.

> If you are connecting to use the FCC Remote Access System, type
> ***900*** and ***555-5554*** in the *Area Code* and *Telephone Number*
> fields, respectively.

7\. Verify that the correct country is selected in the *Country code*
field.

> If necessary, click the down arrow at the right of the *Country code*
> field and select the appropriate country from the menu of available
> countries.

8\. Click the **Next** button.

9\. Click the **Finish** button.

> An icon labeled either *FCC Auctions 877#* or *FCC Auctions 900#*
> appears in the Dial-Up Networking window.

10\. Verify that properties are configured correctly before attempting a
dial-up session. Put the mouse pointer on the FCC Auctions icon that you
wish to configure and click the ***right*** mouse button to display a
menu. Click **Properties** from the menu.

11\. Click the **Configure** button. Click the **Options** tab at the
top of the Properties window.

12\. In the *Connection control* area of the Options tab, verify that
*neither* option is selected. If either option is selected, click the
check box at the left of the option to deselect it. Then click **OK**.

13\. In Windows 95, click the **Server Type\...** button.

> In Windows 98, click the **Server Types** tab at the top of the
> Properties window.

14\. In the *Advanced Options* area, verify that only *Enable software
compression* is selected. If it is not selected, click the check box at
the left of the option to select it. If either of the other options is
selected, click the check box to deselect it.

15\. In the *Allowed Network Protocols* area, verify that only *TCP/IP*
is selected.

> If it is not selected, click the check box at the left of the option
> to select it. If either of the other options is selected, click the
> check box to deselect it.

16\. Click the **TCP/IP Settings** button. On the TCP/IP Settings
window, select *Server assigned IP address* at the top and *Specify name
server addresses* in the area midway down the window.

17\. Type ***165.135.79.95*** as the Primary DNS.

Ensure that these two options are checked:

-   Use IP header compression

-   Use default gateway or remote network

18\. Click **OK** on the TCP/IP Settings window and the Server Type
window.

19\. a. Click the Windows 95/98 *Start* button, then click the
*Settings* option to display the Settings menu.

> b\. Click *Control Panel* and then double-click the *Network* icon.
>
> c\. Highlight the TCP/IP Protocol and click *Properties*. If there are
> multiple TCP/IP protocols, highlight TCP/IP \--\> Dial-Up Adapter and
> click *Properties*.
>
> In a Windows 98 environment, a confirmation dialog appears. Read the
> information on the dialog, then click the **OK** button.
>
> d\. Click the *DNS Configuration* tab.
>
> e\. Select *Enable DNS*. Type **bidder** in the *Host* box, type
> **fcc.gov** in the *Domain* box, then type **165.135.79.95** in the
> DNS Server Search Order box and click the *Add* button.
>
> f\. Click *OK* on the TCP/IP Properties windows, then click *OK* on
> the Network windows.

f.  If you are prompted to restart your computer, click *Yes* to
    restart, then begin the Dial-Up Procedure.

**Dial-Up Procedure**

1.  If the Dial-Up Networking window is not currently open, do the
    following:

> a\. Click the Windows 95/98 **Start** button.
>
> b\. Click the **Programs** option to display the Programs menu.
>
> c\. Click the **Accessories** option to display the Accessories menu.
>
> d\. In Windows 95, click **Dial-Up Networking**
>
> In Windows 98, click **Communications**, then **Dial-Up Networking**.
>
> The Dial-Up Networking window appears.

2\. In the Dial-Up Networking window, double-click the **FCC Auctions
877#** or **FCC Auctions 900#** icon.

> **Note**: If you connect to the FCC's 900 number telephone service,
> there is a charge of \$2.30 per minute. The first minute of connection
> time to the 900 number service is at no charge.

3\. Click the **Connect** button on the window. *Do not enter User name
and Password* .

> The Connection window appears, indicating the status of your
> connection as your modem dials into the system. This window must
> remain running during your dial-up session. You may minimize the
> window, if you wish.
>
> If your modem fails to establish a connection, please see the
> *Troubleshooting* section below.

4\. Once the connection is established, open your Web browser.

5\. In your browser's *Location* field, enter the appropriate Universal
Resource Locator (URL) as follows:

-   For FCC Form 175 Submit, enter ***http://wtbwww34.fcc.gov***
    (primary location) or ***http://wtbwww04.fcc.gov*** (secondary
    location)

-   For the FCC Remote Access System, enter
    ***http://wtbwww26.fcc.gov*** (primary location) or
    ***http://wtbwww03.fcc.gov*** (secondary location)

> If nothing appears in your Web browser, please see the
> *Troubleshooting* section below.

6\. When you have finished, exit the Web browser, then click the
**Disconnect** button on the Connection window to end your dial-up
session.

**Troubleshooting**

Following are problems you may encounter and possible solutions for
resolving or isolating them.

***Modem does not respond***

1\. Confirm that all physical connections for the modem are present.

2.  Confirm that the phone line is active by connecting it to a
    telephone and checking

for a dial-tone.

3\. If you are dialing the 900 number service, check for a 900 number
telephone block. If the volume settings are low, the modem may be
dialing but not connecting. Check for this by trying to connect to the
877 number, or by dialing the 900 number on that line using a telephone.

4\. Confirm that the correct modem driver is installed for your modem.

***Modem dials but does not connect***

1\. If you are dialing the 900 number service, check for a 900 number
telephone block. Check for this by dialing the 877 number to see if you
connect, or by dialing the 900 number on that line using a telephone.

2\. Confirm that the number the modem is dialing is correct.

3.  Confirm that the modem prefix, if any, is correct.

4.  Reconfigure Dial-Up Networking to use the backup 900 number, as
    described under "Accessing FCC Sites In Case of DNS Problems" in the
    section titled *How To Monitor the FCC Auctions On-Line*.

***Modem dials and connects, but nothing appears when you enter the
Location in the Web browser***

1.  Verify the Dial-Up Networking settings specified in the Configuring
    Dial-Up

*Networking* section.

2.  Confirm that your Web browser is not using proxies:

```{=html}
<!-- -->
```
a)  On your browser, click the *Preferences* option in the Edit menu.

b)  In the Category area at the left, double-click *Advanced*.

c)  Click the Advanced structure's *Proxies* option.

d)  Click the radio button labeled *Direct connection to the Internet*.

e)  Click the **OK** button at the bottom of the window.

***Receive an Internal Server error in the Web browser***

1.  Confirm that the *Location* is correct.

2.  Confirm that *Java* and *JavaScript* are enabled in your Web
    browser, and confirm that *Cookies* is set to Accept All.

**Help**

For technical assistance with installing or using FCC software, contact
the FCC Technical Support Hotline at (202) 414‑1250 (V) or (202)
414-1255 (TTY). The FCC Technical Support Hotline is generally available
Monday through Friday, from 8 a.m. to 6 p.m. ET. *All calls to the FCC
Technical Support Hotline are recorded.*

# Attachment I

**HOW TO MONITOR THE FCC AUCTIONS ON-LINE**

The auction announcements and round results for Auction 30 will be
accessible through the FCC Wide Area Network, the Internet, and the
FCC's Automated Round Results System. You can check on round results and
also read any material released by the Commission during the course of
the auction. In the sections that follow, Options 1 through 3 list the
information needed to track the auction from your computer, while Option
4 lists an alternative method.

**Option 1: Tracking the Auction via the FCC Wide Area Network**

The FCC has implemented a Remote Access System that allows users to dial
in directly to the FCC to view round results, auction announcements, and
messages, and to make suggestions to the FCC regarding the FCC auction
process.

The following minimum hardware and software is required to use the FCC
Remote Access System:

**Minimum Hardware Requirements**

-   CPU: Intel Pentium

```{=html}
<!-- -->
```
-   RAM: 16 MB (more recommended if you have multiple applications open)

-   Modem: v.32bis 14.4kbps Hayes compatible modem or faster (recommend
    56.6 Kbps)

-   Monitor: VGA or above

-   Mouse or other pointing device

**Minimum Software Requirements**

-   Operating System: Microsoft Windows 95/98

```{=html}
<!-- -->
```
-   Point-to-Point Protocol (PPP) Dialer: Use the Dial-Up Networking
    feature included with Windows 95/98

```{=html}
<!-- -->
```
-   Web Browser: Netscape® Communicator™ 4.7 is recommended. However,
    you can also use Netscape Communicator 4.5, 4.51, or 4.61 (Internet
    web browser software).

> Note: To download Netscape Communicator 4.7 free of charge, access the
> Netscape download site at ***http://home.netscape.com/download/***

**Connecting to the FCC Network**

To use the FCC Remote Access System, you must first connect to the FCC
Network using Dial-Up Networking.

Dial-Up Networking connects to a 900 number telephone service at a
charge of \$2.30 per minute. The first minute of connection time to the
900 number service is at no charge.

Dial-Up Networking establishes a point‑to‑point connection from your PC
to the FCC Network. *This point‑to‑point connection is not routed
through the Internet*.

For instructions regarding how to connect to the FCC Network using
Dial-Up Networking, see the *Accessing the FCC Network Using Windows
95/98* section.

***Note:*** Throughout these instructions, "enter" means to type the
appropriate information and then press the [Enter]{.smallcaps} key.

**Using the FCC Remote Access System**

After you have connected to the FCC Network, start your Netscape Web
browser. In your browser's *Location* field, enter the following
location:

***http://wtbwww26.fcc.gov*** and then click **Round Results Viewer**,
**Suggestion Box**,

or **Announcements**

> **Note:** If you cannot access the preceding site, and you suspect
> there is a problem with your Domain Name Server (DNS), refer to
> *Accessing FCC Sites In Case of DNS Problems* at the end of this
> document.

When you have finished, exit your Web browser, then disconnect from the
FCC Network.

For technical assistance with installing or using FCC software, contact
the FCC Technical Support Hotline at (202) 414‑1250 (V) or (202)
414-1255 (TTY). The FCC Technical Support Hotline is generally available
Monday through Friday, from 8 a.m. to 6 p.m. ET. *All calls to the FCC
Technical Support Hotline are recorded.*

**Option 2: Tracking the Auction via the Internet**

You may use your Web browser to download announcements and round results
from ***wtbwww13.fcc.gov*** -- or from either of two secondary
locations, ***wtbwww01.fcc.gov*** or ***www.fcc.gov/wtb/auctions/*** \--
as described in the following section.

**Downloading from *wtbwww13.fcc.gov ***or ***wtbwww01.fcc.gov***:

1.  Connect to your Internet service provider and start your Web
    browser.

```{=html}
<!-- -->
```
2.  In the *Location* field of the Web browser screen, enter one of the
    following locations: ***http://wtbwww13.fcc.gov*** or
    ***wtbwww01.fcc.gov***

> **Note:** If you cannot access either of the preceding sites, and you
> suspect there is a problem with your Domain Name Server (DNS), refer
> to *Accessing FCC Sites In Case of DNS Problems* at the end of this
> document.
>
> 3\. Click on **Auction 30***.*
>
> \- For auction announcements, click on **Announcements**.
>
> \- To download a bid import template file, click on **Announcements**,
> then select template.txt.

-   For auction round results, click on **Results** and then click on
    the subdirectory for the type of files you wish to use:

> **mdb** - Microsoft Access database files,
>
> **txt** - text files, and
>
> **dbf** - dBASE database files.

4\. Click on the file you wish to download.

**Downloading from *www.fcc.gov/wtb/auctions/***:

1\. Connect to your Internet service provider and start your Web
browser.

2.  In the *Location* field of the Web browser screen, enter the
    following location:

> ***http://www.fcc.gov/wtb/auctions/***

3.  Do the following:

```{=html}
<!-- -->
```
b.  In the *Auctions* section on the right, click **39 GHz #30** under
    *In Progress.*

c.  Then click on **Announcements, Programs, or Results**.

> \- For auction announcements, click on **Announcements**.
>
> \- To download a bid import template file, click on **Announcements**,
> then select template.txt.

-   For auction round results, click on **Results** and then click on
    the subdirectory for the type of files you wish to use:

> **mdb** - Microsoft Access database files,
>
> **txt** - text files, and
>
> **dbf** - dBASE database files.

4\. Then click on the file you wish to download.

**Archive Directories**

The FCC will establish archive directories for round results files on
the Internet. After every 50 rounds, files will be moved from the
*Results* MDB, TXT, or DBF directories to a respective archive
directory. The newest round results files will continue to be uploaded
to the *Results* directory.

For example, in round 102, DBF round results files would be located as
follows:

**On the primary location, *wtbwww13.fcc.gov*:**

Rounds 1-50
http://wtbwww13.fcc.gov/39_GHZ/Auction_30/Results/dbf/D001_050

Rounds 51-100 http://wtbwww13.fcc.gov/ 39_GHZ
/Auction_30/Results/dbf/D051_100

Rounds 101-102 http://wtbwww13.fcc.gov/ 39_GHZ /Auction_30/Results/dbf/

Rounds 1-50 http://wtbwww13.fcc.gov/ 39_GHZ
/Auction_30/Results/mdb/M001_050

Rounds 51-100 http://wtbwww13.fcc.gov/ 39_GHZ
/Auction_30/Results/mdb/M051_100

Rounds 101-102 http://wtbwww13.fcc.gov/ 39_GHZ /Auction_30/Results/mdb/

Rounds 1-50 http://wtbwww13.fcc.gov/ 39_GHZ
/Auction_30/Results/txt/T001_050

Rounds 51-100 http://wtbwww13.fcc.gov/ 39_GHZ
/Auction_30/Results/txt/T051_100

Rounds 101-102 http://wtbwww13.fcc.gov/ 39_GHZ /Auction_30/Results/txt/

**Note:** If you cannot access these files at the preceding primary
location, you can use your regular Internet Service Provider to access
the same files at either of the following secondary locations:
***wtbwww01.fcc.gov*** or ***www.fcc.gov/wtb/auctions/***.

**Announcement Files**

The announcement files will use the naming convention *aa_xxx.nnn,*
where *aa* is the auction number, *xxx* is the round number and *nnn* is
the announcement number. For example, 30_002.007 would represent an
announcement for Auction 30 that was posted during round two and was the
seventh announcement for the auction.

**Round Results Files**

For each round, dBase-compatible database files will be uploaded with
the following naming conventions (where *xxx* represents the round
number):

> 30\_*xxx*S.DBF contains all bids submitted in a particular round
>
> 30\_*xxx*W.DBF contains all bids withdrawn in a particular round
>
> 30\_*xxx*E.DBF contains the maximum eligibility and remaining number
> of waivers for each bidder
>
> 30\_*xxx*H.DBF contains the high bids in a particular round and the
> minimum accepted bids for the next round

For those who cannot use the dBase-compatible database files, we will
also upload the ASCII text (.TXT) version of these files with the same
filenames as above (e.g., 30\_ *xxx*S.TXT, 30\_*xxx*E.TXT).

In addition, if you wish to use Microsoft Access or are using the FCC
provided Auction Tracking Tool, we upload the MDB access version of the
round results files with the filenames as above as zipped files (e.g.,
30\_ *xxx*S.ZIP, 30\_*xxx*E.ZIP).

**Round Results File Formats**

The Round Results File Formats will be published in a future Public
Notice.

**Accessing FCC Sites In Case of DNS Problems**

When you enter a URL into your browser, the system must convert this
alphanumeric text (e.g., *www.fcc.gov/wtb/auctions/*) into its
associated numeric IP address (*192.104.54.3*, in this case). To make
this conversion, the system checks URL-to-IP-address "lookup" tables in
two different places.

First, it looks at the table contained in a file called **hosts** in the
c:\\windows directory on your computer's hard drive. If the URL is not
in that table, the system looks in the database on your Domain Name
Server (DNS). However, if your DNS is unavailable for some reason, the
system will not be able to find the IP address you requested.

The following procedure is intended to help ensure that you can access
auction results files on the FCC's Web and FTP sites if your designated
DNS has problems. Note the following:

-   The IP addresses shown in the following procedure are correct as of
    the date this document was created. They may have changed
    subsequently. In case of problems, please check with Tech Support
    at (202) 414-1250.

```{=html}
<!-- -->
```
-   Make entries in the **hosts** file *only* to work around DNS
    problems. We do not recommend leaving these entries in permanently;
    please remove them when your DNS problem has been resolved.

To add FCC-related URL entries to your computer's hosts file, do the
following:

1\. Using Windows Explorer, ensure that the hosts file exists in your
c:\\windows directory. If c:\\windows has no **hosts** file, use the
Windows *Rename* function to change the name of the **hosts.sam** file
to **hosts** (with no extension).

> To do this, use your *right-hand* mouse button to click the
> **hosts.sam** file, then click the Rename option in the menu that
> appears.

2\. Using a text editor of your choice, such as Wordpad or Notepad, open
the hosts file in your c:\\windows directory.

> This file will already contain the following entry:
>
> 127.0.0.1 localhost

3\. Using the same format (with at least one space between each number
and its corresponding URL), add the following entries to the bottom of
the file:

> 192.104.54.3 ftp.fcc.gov
>
> 192.104.54.3 www.fcc.gov
>
> 208.245.40.194 wtbftp02.fcc.gov
>
> 208.245.40.194 wtbwww13.fcc.gov

68. wtbftp01.fcc.gov

> 207.123.193.68 wtbwww01.fcc.gov

4\. Save the file and exit your text editor.

> Be sure that the file name has not changed to *hosts.txt* or
> *hosts.doc* or similar. It must remain just **hosts** (with no
> extension).

**Using the Backup 900 Number**

If you had problems connecting through the FCC's 900 number, to review
FCC Form 175 applications or to use the FCC Remote Access System, you
must reconfigure Dial-Up Networking to use the backup 900 number. Do the
following:

1.  Click the *FCC Auctions 900#* icon, to highlight it.

2.  Using your mouse's *right* mouse button, click this icon.

3.  Click the *Properties* option on the menu.

4.  In the *Telephone Number* field of the window that appears, type
    ***555-5335***.

5.  Click the **OK** button.

**Option 3: Tracking the Auction via the FCC's Automated Round Results
System**

Round results are also available from a touch-tone phone, using the
FCC\'s Automated Round Results System. To access this system, dial
800-432-2110 from outside the Washington DC area and 202-414-1260 from
within the Washington DC area. Once the system has been activated, you
will follow the voice prompts. You will need to

know the name of the license you want by market and frequency block,
such as

MEA001 A.

**Help**

For technical assistance with downloading files or installing and using
FCC software, contact the FCC Technical Support Hotline at (202)
414‑1250 (V) or (202) 414-1255 (TTY). The FCC Technical Support Hotline
is generally available Monday through Friday, from 8 a.m. to 6 p.m. ET.
*All calls to the FCC Technical Support Hotline are recorded.*

# Attachment J

**SUMMARY LISTING OF DOCUMENTS FROM THE COMMISSION**

**AND THE WIRELESS TELECOMMUNICATIONS BUREAU**

**ADDRESSING APPLICATION OF THE ANTI‑COLLUSION RULES**

> All of the following documents can be found at FCC web site:
> [http://www.fcc.gov/wtb/auctions/collusio/collusio.html]{.underline}
>
> **[Commission Decisions:]{.underline}**
>
> *Second Report and Order* in PP Docket No. 93‑253, FCC 94‑61, 9 FCC
> Rcd. 2348, 2386‑2388 (1994), paragraphs 221‑226.
>
> *Fifth Report and Order in* PP Docket No. 93‑253, FCC 94‑178, 9 FCC
> Rcd. 5532, 5570‑5571 (1994), paragraphs 91‑92.
>
> *Fourth Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC
> 94‑264, 9 FCC Rcd. 6858, 6866‑6869 (1994), paragraphs 47‑60.
>
> *Second Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC
> 94‑215, 9 FCC Rcd. 7245, 7253‑7255 (1994), paragraphs 48‑55.
>
> *Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC 94‑295, 9
> FCC Rcd. 7684, 7687‑7689 (1994), paragraphs 8‑12.
>
> In re Commercial Realty St. Pete, *Notice of Apparent Liability for
> Forfeiture,* 10 FCC Rcd. 4277 (1995), In re Commercial Realty St.
> Pete, *Memorandum Opinion and Order,* 11 FCC Rcd. 15374 (1996).
>
> In re Applications of Mercury PCS II, LLC, *Notice of Apparent
> Liability for Forfeiture,* 12 FCC Rcd. 17970 (1997) (petition for
> partial reconsideration pending).
>
> Amendment of Part 1of the Commission\'s Rules ‑‑ Competitive Bidding
> Procedures, Allocation of Spectrum Below 5 GHz Transferred from
> Federal Government Use, 4660‑4685 MHz, WT Docket No. 97‑82, ET Docket
> No. 94‑32, FCC 97‑413, *Third Report and Order and Second Further
> Notice of Proposed Rule Making,* 13 FCC Rcd. 374, 463‑469 (1997),
> paragraphs 155-­166.
>
> In re Application of US West Communications, Inc., *Notice of Apparent
> Liability for Forfeiture,* FCC 98‑41 (March 16, 1998).
>
> In re Application of Western PCS BTA I Corporation, *Notice of
> Apparent Liability for Forfeiture, FCC* 98‑42 (March 16, 1998).

**[Wireless Telecommunications Bureau Decisions:]{.underline}**

Amendment of Parts 21 and 74 of the Commission\'s Rules with Regard to
Filing Procedures in the Multipoint Distribution Service and in the
Instructional Television Fixed Service, *Order,* 11 FCC Rcd. 9655
(Wireless Tel. Bur. 1995).

In re Applications of GWI PCS, Inc. For Authority to Construct and
Operate Broadband PCS Systems Operating on Frequency Block C,
*Memorandum Opinion and Order,* 12 FCC Rcd. 6441 (Wireless Tel. Bur.
1997).

In re Applications of Mercury PCS II, LLC, For Facilities in the
Broadband Personal Communications Services in the D, E, and F Blocks,
*Memorandum Opinion and Order on Reconsideration,* 12 FCC Rcd. 18093
(Wireless Tel. Bur. 1997).

In the Matter of Applications of High Plains Wireless, L.P., For
Authority to Construct and Operate Broadband PCS Systems on Frequency
Blocks D, E, and F, *Memorandum Opinion and Order,* 12 FCC Rcd. 19627
(Wireless Tel. Bur. 1997).

In the Matter of Applications of Mercury PCS II, LLC, For Authority to
Construct and Operate Broadband PCS Systems on Frequency Blocks D, E,
and F, *Memorandum Opinion and Order,* 13 FCC Rcd. 5756 (Wireless Tel.
Bur. 1997).

**[Public Notices:]{.underline}**

\"Wireless Telecommunications Bureau Clarifies Spectrum Auction
Anti‑Collusion Rules,\" *Public Notice,* 11 FCC Rcd. 9645 (1995).

\"FCC Staff Clarifies Application of Anti‑Collusion Rule to Broadband
PCS \'C\' Block Reauction,\" *Public Notice,* 11 FCC Rcd. 7031 (1996).

\"Wireless Telecommunications Bureau Provides Guidance on the
Anti‑Collusion Rule for D, E and F Block Bidders,\" *Public* *Notice,*
11 FCC Rcd. 10134 (1996).

**[Letters from the Office of General Counsel and the Wireless
Telecommunications Bureau:]{.underline}**

*Letter to Gary M. Epstein and James H. Barker from William E. Kennard,
General Counsel, Federal Communications Commission* (released October
25, 1994).

*Letter to Alan F. Ciamporcero from William E Kennard, General Counsel,
Federal Communications Commission* (released October 25, 1996).

*Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 1, 1994).

*Letter to Leonard J. Kennedy from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 14, 1994).

*Letter to Jonathan D. Blake and Robert J. Rini from Kathleen O\'Brien
Ham, Chief, Auctions Division, Wireless Telecommunications Bureau,* DA
95‑2404 (released November 28, 1995).

*Letter to Mark Grady from Kathleen O\'Brien Ham, Chief, Auctions
Division, Wireless Telecommunications Bureau,* 11 FCC Rcd. 10895 (1996).

*Letter to David L. Nace from Kathleen O\'Brien Ham, Chief, Auctions
Division, Wireless Telecommunications Bureau,* 11 FCC Rcd. 11363 (1996).

*Letter to Elliott J. Greenwald from Christopher J. Wright, General
Counsel, Federal Communications Commission* (released April 6, 1998).

**[Civil Actions Initiated by U.S. Department of Justice:]{.underline}**

*U.S. v. Omnipoint Corp.,* Proposed Final Judgements and Competitive
Impact Statements, Department of Justice, 63 FR 65228 (November 25,
1998).

\"Justice Department Sues Three Firms Over FCC Auction Practices,\"
*Press Release, U.S.* Department of Justice (November 10, 1998).

Complaint, U.S. *v. Omnipoint Corp.,* No. 1:98CV02750 (D.D.C. November
10, 1998).

Complaint, U.S. v. *Mercury PCS II, L.L C.,* No. 1:98CV02751 (D.D.C.
November 10, 1998).

Complaint, *U.S. v. 21st Century Bidding Corp., No.* 1:98CV02752 (D.D.C.
November 10, 1998).

[Miscellaneous:]{.underline}

Many of these documents can be retrieved from the following Commission
web site:

<http://www.fcc.gov/wtb/auctions/collusio/collusio.html>

These documents may be located by using our search engine (select the
link \"search\"). All of these documents can be ordered in hard copy for
a fee from the Commission's contractor, International Transcription
Service, Inc. at (202) 314­-3070.

Documents retrieved from the FCC web site are available in various
formats. In order to review a document in its entirety, including
footnotes, it is necessary to access the document in WordPerfect, MS
Word, or Acrobat Reader.

[^1]: ^?^ *See* \"Auction of Licenses for Fixed Point-to-Point Microwave
    Services in the 38.6 to 40.0 GHz ("39 GHz) Band Scheduled for April
    11, 2000; Comment Sought on Reserve Prices or Minimum Opening Bids
    and Other Auction Procedures,\" *Public Notice*, DA 99-2624 (rel.
    November 23, 1999) (\"*39 GHz Comment Public Notice*\"), 64 Fed.
    Reg. 70708 (December 17, 1999).

[^2]: ^?^ Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33,
    111 Stat. 251 (1997) (\"Budget Act\"); 47 U.S.C. §309(j)(4)(F). The
    Commission\'s authority to establish a reserve price or minimum
    opening bid is set forth in 47 C.F.R. § 1.2104 (c) and (d).

[^3]: *See* *39 GHz Comment Public Notice* at 2-3.

[^4]: The Office of Advocacy, United States Small Business
    Administration (\"SBA\"); Rural Telecommunications Group (\"RTG\");
    National Telephone Cooperative Association (\"NTCA\"); Winstar
    Communications, Inc. (\"Winstar\"); Blooston, Mordkofsky, Jackson &
    Dickens (\"Blooston\"); Fixed Wireless Communications Coalition
    ("FWCC"); and Cambridge Partners, Inc., AA&T Wireless Services,
    Steven A. Birnbaum, Linda Chester, Hicap Networks, Inc., Paul R.
    Linkins, William R. Lonergan, PIW Development Corporation, Cornelius
    T. Ryan, SMC Associates, Southfield Communications LLC, Video
    Communications Corporation, Wireless Telco (filing jointly as the
    \"Joint Commentors\") filed comments on December 8, 1999. Reply
    comments were filed by Winstar, RTG, FWCC, and the Joint Commentors.

[^5]: Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz
    and 38.6-40.0 GHz Bands, ET Docket No. 95-183, *Memorandum Opinion
    and Order*, 12 FCC Rcd 2910 (1997), 62 Fed. Reg. 14015 (March 25,
    1997) ("*Memorandum Opinion and Order*").

[^6]: See Amendment of the Commission's Rules Regarding the 37.0-38.6
    GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, *Report and Order
    and Second Notice of Proposed Rule Making*, 12 FCC Rcd 18600 (1997),
    63 Fed. Reg. 6079 (February 6, 1998) ("*Report and Order and Second
    NPRM*").

[^7]: See Amendment of the Commission's Rules Regarding the 37.0-38.6
    GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, *Memorandum
    Opinion and Order*, FCC 99-179 (rel. July 29, 1999), 64 Fed. Reg.
    59663 (November 3, 1999) ("*Second Memorandum Opinion and Order*").

[^8]: ^?^ RTG Comments at 2-5, NTCA Comments at 2-3, RTG Reply Comments
    at 5; Joint Commentors Reply Comments at 3-4.

[^9]: ^?^ We note that since the filing dates for comments on the *39
    GHz Comment Public Notice*, the auction for licenses in the 747-762
    and 777-792 MHz bands has been scheduled for May 10, 2000. *See*
    \"Auction of Licenses in the 747-762 and 777-792 MHz Bands Scheduled
    for May 10, 2000; Comment Sought on Reserve Prices or Minimum
    Opening Bids and Other Auction Procedures,\" *Public Notice*, DA
    00-43 (rel. January 10, 2000).

[^10]: *See Report and Order and Second NPRM* at ¶ 144; *see also* 47
    C.F.R. § 1.2105(c).

[^11]: *See* In re 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) (\"*Nevada
    Wireless*\").

[^12]: *See Nevada Wireless*, 13 FCC Rcd at 11978.

[^13]: *See* 47 C.F.R. § 1.2105(c).

[^14]: *See* 47 C.F.R. § 1.65.

[^15]: ^?^ *See* Letter from William T. Hatch, Acting Associate
    Administrator, Office of Spectrum Management, National
    Telecommunications and Information Administration, to Dale N.
    Hatfield, Chief, Office of Engineering and Technology, Federal
    Communications Commission, re: Memorandum Opinion and Order \-\--
    Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and
    38.6-40.0 GHz Bands, ET Docket No. 95-183 \-\-- Competitive Bidding,
    37.0-38.6 GHz and 38.6-40.0 GHz Bands, PP Docket No. 93-253
    (September 23, 1999). Letter is attached to the *39 GHz Comment
    Public Notice* as Attachment B.

[^16]: ^?^ *See* Allocation and Designation of Spectrum for
    Fixed-Satellite Services in the 37.5-38.5 GHz, 40.5-41.5 GHz, and
    48.2-50.2 GHz Frequency Bands; Allocation of Spectrum to Upgrade
    Fixed and Mobile Allocations in the 40.5-42.5 GHz Frequency Band;
    Allocation of Spectrum in the 46.9-47.0 GHz Frequency Band for
    Wireless Services; and Allocation of Spectrum in the 37.0-38.0 GHz
    and 40.0-40.5 GHz Bands for Government Operations, IB Docket No.
    97-95, *Order on Reconsideration*, FCC 99-375 (rel. December 1,
    1999).

[^17]: ^?^ Section 1.2105, in turn, requires the disclosure on the
    short-form of applicant ownership information as set forth in
    Section 1.2112.

[^18]: ^?^ *See* 47 C.F.R. § 1.2105(c)(4)(i) & (ii).

[^19]: ^?^ *See* 47 C.F.R §§ 101.1208, 101.1209.

[^20]: ^?^ For further guidance on the issue of control, see the
    Commission\'s affiliation rule at 47 C.F.R. § 1.2110(b)(4). *See
    also* Ellis Thompson Corp., 76 Rad. Reg. 2d (P & F) 1125, 1127-28
    (1994), in which the Commission identified the following factors
    used to determine control of a business: (1) use of facilities and
    equipment; (2) control of day-to-day operations; (3) control of
    policy decisions; (4) personnel responsibilities; (5) control of
    financial obligations; and (6) receipt of monies and profits;
    Intermountain Microwave, 24 Rad. Reg. (P & F) 983 (1963), and
    Application of Baker Creek Communications, LP, For Authority to
    Construct and Operate Local Multipoint Distribution Services in
    Multiple Basic Trading Areas, *Memorandum Opinion and Order*, 13 FCC
    Rcd 18,709 (rel. September 23, 1998).

[^21]: *See* 47 C.F.R. §§ 101.1209 and 1.2105.

[^22]: *See* 47 C.F.R § 101.1208(a).

[^23]: *See* 47 C.F.R. § 101.1209(b)(1)(i).

[^24]: *See* 47 C.F.R. § 101.1209(b)(1)(ii).

[^25]: *See* 47 C.F.R. § 101.1208(b).

[^26]: All short-form applications must be filed electronically. *See*
    47 C.F.R. § 1.2105(a).

[^27]: *See* 47 C.F.R. § 1.2105. *See also* Two Way Radio of Carolina,
    Inc., *Memorandum, Opinion and Order*, FCC 99-189 (rel. July 22,
    1999).

[^28]: Amendment of Part 1 of the Commission\'s Rules \-- Competitive
    Bidding Proceeding, WT Docket No. 97-82, *Order, Memorandum Opinion
    and Order and Notice of Proposed Rule Making*, 12 FCC Rcd. 5686,
    5697-5698, ¶ 16 (1997).

[^29]: *See 39 GHz Comment Public Notice* at 3.

[^30]: Blooston Comments at 3-4.

[^31]: *Id*. at 4.

[^32]: ^?^ Winstar Reply Comments at 2.

[^33]: ^?^ *Id*.

[^34]: *39 GHz Comment Public Notice* at 1.

[^35]: *Id*. at 4.

[^36]: *Id*. at 9.

[^37]: *Id*. at 6.

[^38]: *Id*.

[^39]: *Id*. at 10.

[^40]: *Id*. at 11.

[^41]: *Id*.

[^42]: ^?^ *See*, *e.g.*, "Closed Broadcast Auction: 224 Qualified
    Bidders, *Public Notice*, DA 99-1912 (rel. September 17, 1999).

[^43]: Budget Act, *see supra* note 2.

[^44]: *See* Amendment of Part 1 of the Commission\'s Rules \--
    Competitive Bidding Procedures, WT Docket No. 97-82, *Third Report
    and Order and Second Further Notice of Proposed Rule Making*, 13 FCC
    Rcd. at 141, 455-456 (1998) (\"*Part 1 Third Report and Order*\").

[^45]: *Id*.

[^46]: *Id*.

[^47]: *39 GHz Comment Public Notice* at 4.

[^48]: *Id*. at 5.

[^49]: ^?^ Blooston Comments at 4-5; Fixed Wireless Coalition Comments
    at 1-2; Joint Commentors Comments at 2-3; Winstar Comments at 3-6;
    RTG Reply Comments at 1-2.

[^50]: ^?^ Joint Commentors Comments at 2-3.

[^51]: Section 3002(F) of the Budget Act directs the Commission to
    \"prescribe methods by which a reasonable reserve price will be
    required, or a minimum bid established, to obtain any license or
    permit being assigned pursuant to the competitive bidding, unless
    the Commission determines that such a reserve price or minimum bid
    is not in the public interest.\"

[^52]: 47 U.S.C. 309(j)(3)(C).

[^53]: *See* Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening
    Bids or Reserve Prices, DA 97‑2147, *Order*, 12 FCC Rcd 16354, 16358
    (1997).

[^54]: *39 GHz Comment Public Notice* at 7.

[^55]: ^?^ *Id*.

[^56]: *39 GHz Comment Public Notice* at 9.

[^57]: *See* 47 C.F.R. §§ 1.2104(g) and 1.2109.

[^58]: *See*, *e.g.*, "Phase II 220 MHz Service Auction Closes, Winning
    Bidders in the Auction of 908 Phase II 220 MHz," *Public Notice*, 14
    FCC Rcd 605 (1998).

[^59]: ^?^ *See* Attachment I.