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

Mr. David Boucher

30 Weed Road

Essex Junction, Vermont 05452

Kathleen Kaercher, Esq.

Brown and Schwaninger

1835 K Street, N.W.

Suite 650

Washington, D.C. 20006

**Re: Final Bid Withdrawal Payment For Auction No. 18**

Dear Mr. Boucher and Ms. Kaercher:

Intellicom Bidding Consortium ("Intellicom"), a participant in Auction
No. 18, withdrew a high bid on license BEA 056B, Toledo, Ohio in that
auction.[^1] Auction No. 24, the subsequent auction for the license on
which Intellicom withdrew a high bid in Auction No. 18, has closed.[^2]
Therefore, in accordance with the Commission's rules, we are now able to
calculate Intellicom's final bid withdrawal obligation.

Under the Commission's rules, a bidder that withdraws a high bid during
the course of an auction is subject to a bid withdrawal payment equal to
the difference between the amount of the withdrawn bid and the amount of
the subsequent winning bid.[^3] If a high bid is withdrawn on a license
that remains unsold at the close of the auction, the withdrawing bidder
will be required to make an interim payment equal to three percent (3%)
of the net amount of the withdrawn bid.[^4] This payment amount is
deducted

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withdrawn bid amount, then no final bid withdrawal payment will be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winning bid for that license is less than the bidder's withdrawn amount,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equal to either the difference between the bidder's net withdrawn bid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bidder's gross withdrawn bid and the subsequent gross winning bid,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

With respect to Intellicom's bid withdrawal in Auction No. 18, the
Commission has previously deducted an interim bid withdrawal payment of
\$49.00 from the funds on deposit with the Commission because license
BEA 056B remained unsold at the conclusion of the auction.[^8] As shown
in Attachment A, in Auction No. 24, the subsequent auction of license
BEA 056B, the net winning bid of \$1,495.00 for the license was less
than Intellicom's net withdrawn bid of \$1,625.00.[^9] In accordance
with Section 1.2104 of the Commission's rules,[^10] Intellicom owes a
final withdrawal payment of \$130.00 in connection with license BEA
056B. After applying the interim bid withdrawal payment of \$49.00,
Intellicom owes an outstanding balance of \$81.00.[^11]

Intellicom is in debt to the United States in the amount of \$81.00,
payable in full, immediately, and without further demand. As permitted
under 31 U.S.C. § 3717, the debt is subject to interest, penalties, and
administrative costs, and interest accrues from the date of this letter,
which is also its mailing date. Intellicom, the debtor, may avoid
payment of the interest if it tenders to the Commission full payment
within 30 days of the date of the letter. Moreover, the debt is subject
to an additional charge to cover the cost of processing and handling of
delinquent debts, and a penalty charge in the amount permitted by law.
The penalty charge for delinquent debt payments permitted by 31 U.S.C. §
3717 currently is 6 percent a year for the failure to pay any part of
the debt more than 90 days past due.

**Ordering Clauses**

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of
the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(i), 309, and
Section 1.2104 of the Commission's Rules, 47 C.F.R. § 1.2104(g),
Intellicom IS ASSESSED a final withdrawal payment of \$130.00, as a
result of Intellicom's withdrawal of its bid on license BEA 056B, as
computed in Attachment A.

IT IS FURTHER ORDERED, that, pursuant to 47 C.F.R. §§ 1.2104 and 1.2106,
Intellicom's interim bid withdrawal payment of \$49.00, will be applied
towards the sum of the final withdrawal payment for license BEA 056B,
leaving Intellicom with a debt to the Commission of \$81.00.

It is FURTHER ORDERED that Intellicom's debt of \$81.00 be paid
immediately, in accordance with the payment instructions in Attachment B
within 30 days of the date of this letter, and if it is unpaid 30 days
of the date of this letter, interest will accrue from the date of this
letter along with penalties and administrative costs permitted by 31
U.S.C. § 3717.

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

Sincerely,

Kelly Quinn, Deputy Chief

> Auctions and Industry Analysis Division
>
> Wireless Telecommunications Bureau

## DA 02-1761

## ATTACHMENT A

Phase II 220 MHz Service Spectrum License Auction

**Multi-Auction Bid Withdrawal Payment Report**

+-----+------+-------+------+------+------+------------+------+-----+
| L   | Ma   | AU    | AUC  | AUC  | AUC  | Final Bid  | Inte | To  |
| ice | rket | CTION | TION | TION | TION | Withdrawal | llic | tal |
| nse | Des  | 18,   | 18,  | 24,  | 24,  | Payment    | om's | Amo |
| Num | crip |       |      |      |      |            | Int  | unt |
| ber | tion | In    | Inte | Amer | Amer | (          | erim | Due |
|     |      | telli | llic | ican | ican | Difference | Wi   |     |
|     |      | com's | om's | Paci | Paci | between    | thdr |     |
|     |      | With  | W    | fic, | fic, | the        | awal |     |
|     |      | drawn | ithd | In   | In   | Auction 18 | Pay  |     |
|     |      |       | rawn | c.'s | c.'s | and        | ment |     |
|     |      | Gross | Net  | G    | Net  | Auction 24 | (3%  |     |
|     |      | Bid   | Bid  | ross | Win  | Net Bids)  | of   |     |
|     |      | A     | Am   | Bid  | ning |            | w    |     |
|     |      | mount | ount |      | Bid  |            | ithd |     |
|     |      |       |      | Am   | Am   |            | rawn |     |
|     |      |       |      | ount | ount |            | net  |     |
|     |      |       |      |      |      |            | bid) |     |
+-----+------+-------+------+------+------+------------+------+-----+
| B   | Tol  | \$2,5 | \$   | \$   | \$   | \$130.00   | \$4  | \   |
| EA0 | edo, | 00.00 | 1,62 | 2,30 | 1,49 |            | 9.00 | $81 |
| 56D | Ohio |       | 5.00 | 0.00 | 5.00 |            |      | .00 |
+-----+------+-------+------+------+------+------------+------+-----+

**DA 02-1761**

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

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

**PAYMENT INSTRUCTIONS**

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

ABA Routing Number: 043000261

Receiving Bank: Mellon Pittsburgh

BNF: FCC/Account #911-6106

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

"AUCTIONPAY"

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

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

FCC CODE 1 (same as FCC Form 159, Block 28A: ("18")

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

LOCKBOX No.: 358850

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

For questions regarding the submission of payment, and the FCC Form 159,
contact Gail Glasser or Tim Dates, Office of the Managing Director,
Financial Operations Center, Auctions Accounting Group, at (202)
418-0578 or (202) 418-0496.

[^1]: Phase II 220 MHz Service Auction Closes: Winning Bidders in the
    Auction of 908 Phase II 220 MHz Service Licenses, Report No. AU-18-F
    (Auction No. 18), *Public Notice*, 14 FCC Rcd 605, Attachment A
    (1998) ("*Auction No. 18 Winning Bidders Public Notice*") (with
    respect to Intellicom's bid withdrawals pertaining to Licenses BEA
    019A, Raleigh-Durham-Chapel Hill, N.C. and BEA 022C, Fayetteville,
    N.C., those licenses received subsequent winning bids during Auction
    No. 18 in amounts greater than the respective withdrawn bids. Thus,
    pursuant to 47 C.F.R. § 1.2104(g)(1) (1998), no interim withdrawal
    payments were assessed and no final bid withdrawal payments will be
    assessed with regard to these two licenses).

[^2]: Phase II 220 MHz Service Auction Closes: Winning Bidders in the
    Auction of 225 Licenses in the Phase II 220 MHz Service, Report No.
    AUC-24-E (Auction No. 24), *Public Notice*, 14 FCC Rcd 11218 (1999)
    ("*Auction No. 24 Winning Bidders Public Notice*").

[^3]: 47 C.F.R. § 1.2104(g)(1) (1998).

[^4]: ^?^ 47 C.F.R. § 1.2104(g)(1); *Auction No. 18 Winning Bidders
    Public Notice,* 14 FCC Rcd at 608 and Attachment C (identifies
    bidders that withdrew bids in Auction No. 18 and states the interim
    three percent bid withdrawal payment).

[^5]: *See* 47 C.F.R. § 1.2106(e) (1998); *Auction No. 18 Winning
    Bidders Public Notice,* 14 FCC Rcd at 608.

[^6]: ^?^ 47 C.F.R. § 1.2104(g)(1) (1998).

[^7]: ^?^ *Id.*

[^8]: ^?^ *See* *Auction No. 18 Winning Bidders Public Notice,* 14 FCC
    Rcd at Attachment C, 659. In Attachment C, the Commission set forth
    the amount of Intellicom's interim withdrawal payment, \$49.00, and
    explained that the interim bid withdrawal payment was based on three
    percent (3%) of the net withdrawn bid on license BEA 056B
    (\$1,625.00 x 3%=\$49).

[^9]: ^?^ *See* Attachment A to this letter (calculates the final bid
    withdrawal payment).

[^10]: ^?^ 47 C.F.R. § 1.2104(g)(1).

[^11]: ^?^ *Id*. To make the final bid withdrawal payment, Intellicom
    must submit payment in accordance with the instructions set forth in
    Attachment B.