**DA 00-1388**

**June 23, 2000**

**AUCTION OF LICENSES FOR**

800 MHz SPECIALIZED MOBILE RADIO (SMR)

**SERVICE FREQUENCIES IN THE**

**LOWER 80 CHANNELS**

**Auction Notice and Filing Requirements**

**for 2,800 Licenses in the 800 MHz SMR Service Frequencies**

**Lower 80 Channels**

**Auction Rescheduled from September 13, 2000 to November 1, 2000**

**Minimum Opening Bids and Other Procedural Issues**

**Report No. AUC-00-36-B (Auction No. 36)**

I. General Information [5](#general-information)

A. Introduction [5](#introduction)

1\. Background of Proceeding [5](#background-of-proceeding)

2\. Licenses to Be Auctioned [6](#licenses-to-be-auctioned)

B. Scheduling [8](#scheduling)

1\. Bifurcation [8](#bifurcation)

2\. Pacific Wireless' Petition for Reconsideration
[8](#pacific-wireless-petition-for-reconsideration)

C. Rules and Disclaimers [10](#c.-rules-and-disclaimers)

1\. Relevant Authority [10](#relevant-authority)

2\. Prohibition of Collusion [10](#prohibition-of-collusion)

3\. Due Diligence [11](#due-diligence)

4\. Incumbent Licensees [12](#incumbent-licensees)

5\. Bidder Alerts [13](#bidder-alerts)

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

D. Auction Specifics [14](#d.-auction-specifics)

1\. Auction Date [14](#auction-date)

2\. Auction Title [14](#auction-title)

3\. Bidding Methodology [15](#bidding-methodology)

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

5\. Requirements For Participation [15](#requirements-for-participation)

6\. General Contact Information [15](#general-contact-information)

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

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

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

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

1\. Eligibility [17](#eligibility)

2\. Application Showing [18](#application-showing)

3\. Bidding Credits [19](#bidding-credits)

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

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

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

III\. PRE-AUCTION PROCEDURES [20](#pre-auction-procedures)

A. Auction Seminar [20](#auction-seminar)

B. Short-Form Application (FCC Form 175) \-- Due September 29, 2000
[20](#short-form-application-fcc-form-175----due-september-29-2000)

1\. Electronic Filing [21](#electronic-filing)

2\. Completion of the FCC Form 175 [21](#completion-of-the-fcc-form-175)

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

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

D. Upfront Payments \-- Due October 16, 2000
[22](#upfront-payments----due-october-16-2000)

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

2\. FCC Form 159 [23](#fcc-form-159)

3\. Amount of Upfront Payment [23](#amount-of-upfront-payment)

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

E. Auction Registration [25](#auction-registration)

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

G. Mock Auction [26](#mock-auction)

IV\. AUCTION EVENT [26](#auction-event)

A. Auction Structure [26](#auction-structure)

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

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

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

4\. Auction Stages [28](#auction-stages)

5\. Stage Transitions [29](#stage-transitions)

6\. Auction Stopping Rules [30](#auction-stopping-rules)

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

B. Bidding Procedures [31](#bidding-procedures)

1\. Round Structure [31](#round-structure)

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

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

4\. High Bids [34](#high-bids)

5\. Bidding [35](#bidding)

6\. Bid Removal and Bid Withdrawal [36](#bid-removal-and-bid-withdrawal)

7\. Round Results [37](#round-results)

8\. Auction Announcements [38](#auction-announcements)

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

V. POST-AUCTION PROCEDURES [38](#post-auction-procedures)

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

B. Long-Form Application [38](#long-form-application)

C. Default and Disqualification [39](#default-and-disqualification)

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

VI\. ATTACHMENT A - Licenses to be Auctioned [41](#attachment-a)

VII\. ATTACHMENT B - Auction Seminar Registration Form
[47](#attachment-b)

VIII\. ATTACHMENT C - Electronic Filing and Review of the FCC Form 175
[48](#attachment-c)

IX\. ATTACHMENT D - Completing the FCC Form 175 [51](#attachment-d)

X. ATTACHMENT E - Completing the FCC Form 159 [58](#attachment-e)

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

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

XIII\. ATTACHMENT H - Accessing the FCC Network [63](#attachment-h)

XIV\. ATTACHMENT I - Summary of Documents Addressing the Anti-Collusin
Rules [70](#attachment-i)

# General Information

## Introduction

By this public notice the Wireless Telecommunications Bureau ("Bureau")
announces the procedures and minimum opening bids for the upcoming
auction of licenses for the 800 MHz Specialized Mobile Radio Service
Lower 80 Channels ("Auction No. 36"). On March 23, 2000, in accordance
with the Balanced Budget Act,[^1] the Bureau released a public notice
seeking comment on the establishment of reserve prices or minimum
opening bids and the procedures to be used in Auction No. 36.[^2] The
Bureau received four comments and three reply comments in response to
the *Auction No. 36 Comment Public Notice*.[^3]

The *Auction No. 36 Comment Public Notice* announced that Auction No. 36
would begin on September 13, 2000.[^4] In this public notice, the Bureau
announces that the beginning date of Auction No. 36 will be rescheduled
to November 1, 2000.

### Background of Proceeding

On December 15, 1995, the Federal Communications Commission ("FCC" or
"Commission") released a *First Report and Order, Eighth Report and
Order, and Second Further Notice of Proposed Rule Making* that
established geographic area licensing, auction and service rules for the
"upper 200" 800 MHz SMR channels and set forth proposals for new
licensing rules and auction procedures for the "lower 230" 800 MHz SMR
channels.[^5] On July 10, 1997, the Commission released a *Second Report
and Order* that resolved pending issues and established technical and
operational rules for the "lower 230" 800 MHz SMR channels.[^6] On
October 8, 1999, the Commission released a *Memorandum Opinion and
Order* on Reconsideration that completed the implementation of a new
licensing framework for the 800 MHz SMR service.[^7]

### Licenses to Be Auctioned 

The licenses available in this auction consist of sixteen non-contiguous
5 channel blocks (0.25 MHz) in each of 172 Economic Areas (EAs) and 3
EA-like areas, covering the United States, possessions or territories in
the Northern Mariana Islands and 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 800 SMR Lower
80 Channels:

**800 MHz SMR Lower 80 Channels**

**(856-860 MHz Band)**

+-------+----------+-------------+---+-------+----------+--------------+
| **Ch  | *        | **Base      |   | **Ch  | *        | **Base       |
| annel | *Channel | Station**   |   | annel | *Channel | Station**    |
| Bl    | No.**    |             |   | Bl    | No.**    |              |
| ock** |          | **Fr        |   | ock** |          | **F          |
|       |          | equencies** |   |       |          | requencies** |
|       |          |             |   |       |          |              |
|       |          | **(channel  |   |       |          | **(channel   |
|       |          | centers)**  |   |       |          | centers)**   |
+-------+----------+-------------+---+-------+----------+--------------+
| G     | 201,     | 8           |   | O     | 221,     | 856-860.5125 |
|       | 241,281, | 56-860.0125 |   |       | 261,301, |              |
|       |          |             |   |       |          |              |
|       | 321,361  |             |   |       | 341,381  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| H     | 202,     | 8           |   | P     | 222,     | 856-860.5375 |
|       | 242,282, | 56-860.0375 |   |       | 262,302, |              |
|       |          |             |   |       |          |              |
|       | 322,362  |             |   |       | 342,382  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| I     | 203,     | 8           |   | Q     | 223,     | 856-860.5625 |
|       | 243,283, | 56-860.0625 |   |       | 263,303, |              |
|       |          |             |   |       |          |              |
|       | 323,363  |             |   |       | 343,383  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| J     | 204,     | 8           |   | R     | 224,     | 856-860.5875 |
|       | 244,284, | 56-860.0875 |   |       | 264,304, |              |
|       |          |             |   |       |          |              |
|       | 324,364  |             |   |       | 344,384  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| K     | 205,     | 8           |   | S     | 225,     | 856-860.6125 |
|       | 245,285, | 56-860.1125 |   |       | 265,305, |              |
|       |          |             |   |       |          |              |
|       | 325,365  |             |   |       | 345,385  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| L     | 206,     | 8           |   | T     | 226,     | 856-860.6375 |
|       | 246,286, | 56-860.1375 |   |       | 266,306, |              |
|       |          |             |   |       |          |              |
|       | 326,366  |             |   |       | 346,386  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| M     | 207,     | 8           |   | U     | 227,     | 856-860.6625 |
|       | 247,287, | 56-860.1625 |   |       | 267,307, |              |
|       |          |             |   |       |          |              |
|       | 327,367  |             |   |       | 347,387  |              |
+-------+----------+-------------+---+-------+----------+--------------+
| N     | 208,     | 8           |   | V     | 228,     | 856-860.6875 |
|       | 248,288, | 56-860.1875 |   |       | 268,308, |              |
|       |          |             |   |       |          |              |
|       | 328,368  |             |   |       | 348,388  |              |
+-------+----------+-------------+---+-------+----------+--------------+

Note: The allocation of channels available in Spectrum Blocks G through
V are different in the U.S./Mexico and U.S./Canada border areas than
noted in the above table. The tables listed below indicate the channels
assignable in the border areas[^8]. Also note that the channels listed
for the U.S./Mexico border area are offset 12.5 kHz lower in frequency
than the same channel as specified in §90.613.

**UNITED STATES‑MEXICO BORDER AREA, SMR CATEGORIES**

EA-Based SMR Category (83 Channels)

  ---------------------- ------------------------------------------------
  **Spectrum Block**     **Offset Channel Nos.**

  G                      229-272-349

  H                      230-273-350

  I                      231-274-351

  J                      232-278-352

  K                      233-279-353

  L                      234-280-354

  M                      235-309-358

  N                      236-310-359

  O                      237-311-360

  P                      238-312-389

  Q                      239-313-390

  R                      240-314-391

  S                      269-318-392

  T                      270-319-393

  U                      271-320-394

  V                      228-268-308-348-388
  ---------------------- ------------------------------------------------

**UNITED STATES‑CANADA BORDER AREA, SMR CATEGORIES**

**\[Region 7 & 8\]**

SMR Category (172 Channels)

  ----------------------- -----------------------------------------------
  **Spectrum Block**      **Channel Nos.**

  G                       155-229-269-309-349

  H                       156-230-270-310-350

  I                       157-231-271-311-351

  J                       158-232-272-312-352

  K                       159-233-273-313-353

  L                       160-234-274-314-354

  M                       195-235-275-315-355

  N                       196-236-276-316-356

  O                       197-237-277-317-357

  P                       198-238-278-318-358

  Q                       199-239-279-319-359

  R                       200-240-280-320-360

  S                       225-265-305-345-385

  T                       226-266-306-346-386

  U                       227-267-307-347-387

  V                       228-268-308-348-388
  ----------------------- -----------------------------------------------

## Scheduling

### Bifurcation 

Several commenters state that there should be no overlap between
Auctions No. 34 and 36.[^9] These commenters note the expense, burden
and administrative difficulty of participating in overlapping auctions,
particularly for small businesses.[^10] Although we agree that it may be
burdensome for some bidders to participate in coinciding auctions, there
was no consensus among commenters on how to resolve this potential
problem. Southern recommends that we eliminate the bifurcation of
Auctions No. 34 and 36, and schedule a single auction to begin on August
23, 2000.[^11] Nextel supports Southern's position to eliminate the
bifurcation, provided the single auction commences no later than August
23, 2000.[^12] SBT also supports Southern's position, but proposes that
the single auction occur after the conclusion of the mandatory
relocation period, which is scheduled to begin December 4, 2000.[^13]
For reasons of administrative convenience, we choose to maintain the
bifurcated schedule for Auctions No. 34 and 36.

In addition, for reasons of administrative convenience and effective
auction management, we will change the date for Auction No. 36, moving
the date back to November 1, 2000. This change will not only provide for
more efficient management of the auction, it will provide additional
time between Auctions No. 34 and 36, permitting all interested parties,
including incumbents and small businesses, sufficient time in which to
evaluate the outcome of Auction No. 34 and prepare for Auction No.
36.[^14]

### Pacific Wireless' Petition for Reconsideration

Pacific Wireless seeks reconsideration of the Bureau's scheduling of
Auctions No. 34 and 36 prior to the conclusion of the mandatory
negotiation period for the relocation of incumbent licensees from the
upper 200 channels.[^15] The mandatory negotiation phase of the
relocation process is scheduled to conclude on December 4, 2000. SBT and
PCIA also support postponement of the auctions, however, they advocate
delay until the completion of the involuntary relocation phase that is
scheduled to commence on December 4, 2000.[^16] Pacific Wireless
contends that holding the auctions prior to December 4, 2000,
contravenes the Commission's prior decisions and is contrary to the
interests of incumbents.[^17] We disagree with this contention and deny
Pacific Wireless's Petition for Reconsideration. Citing the *800 MHz
Order on Reconsideration*, Pacific Wireless contends the Commission has
previously decided that the lower 230 channels would not be auctioned
until completion of the relocation of incumbents from the upper 200
channels.[^18] Pacific Wireless mischaracterizes the Commission's
decision. The statement upon which Pacific Wireless relies is located in
a "Background" portion of the *800 MHz Order on Reconsideration* and
does not constitute a decision by the Commission, but is merely a
summary of a Commission statement in the *800 MHz Second Report and
Order*.[^19] The *800 MHz Second Report and Order* states that the
licensing of the lower channels would not occur until "incumbents have
had the *opportunity* to relocate to the lower channels."[^20] As Nextel
and Southern correctly note, prior to Auction No. 36, incumbents on the
upper 200 channels will have had approximately 20 months to relocate
their systems.[^21] Although we recognize that upper channel incumbents
are currently in the second phase of the three-phase process the
Commission established, we believe that 20 months provides a reasonable
opportunity for incumbents to relocate.

Moreover, the Commission's statement in the *800 MHz Second Report and
Order* was not a decision regarding the timing of the auction of the
lower 230 channels. The Commission simply observed, as a practical
matter, that affording incumbents on the lower channels greater
flexibility in modifying their systems was appropriate because
geographic licensing would not begin on those channels until upper
channel incumbents had an opportunity to relocate to the lower
channels.[^22] Thus, there is no merit to Pacific Wireless's contention
that it relied, to its detriment, on a Commission decision or its
allegation that the Bureau is contravening such a decision. We agree
with those commenters who stated that going forward with Auctions No. 34
and 36 will facilitate the relocation process by providing EA licensees
with additional relocation spectrum and incumbents with a more certain
picture of their relocation options.[^23] Accordingly, we will not delay
the start of Auction No. 36 until the close of the mandatory negotiation
period for relocation of incumbent licensees on the upper 200 channels.

## C. Rules and Disclaimers {#c.-rules-and-disclaimers .unnumbered}

### 1. Relevant Authority {#relevant-authority .unnumbered}

Prospective bidders must familiarize themselves thoroughly with the
Commission\'s rules relating to the 800 MHz band, contained in Title 47,
Part 90 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
this public notice; the *Auction No. 36 Comment* *Public Notice*, 800
MHz *First Report and Order, 800 MHz* *Second Report and Order,* and the
*800 MHz Order on Reconsideration.*[^24]

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 99-270 for the *800 MHz Order*
*on Reconsideration*).

### 2. Prohibition of Collusion  {#prohibition-of-collusion .unnumbered}

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.[^25] This prohibition begins with the filing
of short-form applications and ends on the down payment due date.
Bidders competing for licenses in the same geographic license areas 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 authorized bidders 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. In such a case, at a minimum,
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.[^26]

However, the Bureau 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.[^27] In Auction No. 36, 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 short-form application. However, applicants may enter into
bidding agreements *before* filing their FCC Form 175, as long as they
disclose the existence of the agreement(s) in their Form 175.[^28] If
parties agree in principle on all material terms prior to the short-form
filing deadline, those parties must be identified on the short-form
application under Section 1.2105(c), even if the agreement has not been
reduced to writing. If the parties have not agreed in principle by the
filing deadline, an applicant would not include the names of those
parties on its application, and may not continue negotiations with other
applicants for the same geographic license areas.[^29] 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.[^30] Thus, Section
1.65 requires an auction applicant to notify the Commission of any
violation of the anti-collusion rules immediately upon learning of such
violation.

A summary listing of documents from the Commission and the Bureau
addressing the application of the anti-collusion rules is included in
Appendix I.

### 3. Due Diligence {#due-diligence .unnumbered}

Potential bidders should 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 the SMR proceeding are subject
to judicial appeal and may be the subject of additional reconsideration
or appeal.[^31] We note that resolution of these matters could have an
impact on the availability of spectrum for EA licensees in the 800 MHz
SMR lower bands. 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. Potential bidders are strongly encouraged to conduct
their own research prior to Auction No. 36 in order to determine the
existence of pending proceedings that might affect their decisions
regarding participation in this auction. Participants in Auction No. 36
are strongly encouraged to continue such research during the auction.

To aid potential bidders, the Commission will release a subsequent
public notice listing pending matters that relate to licenses or
applications that affect the 800 MHz SMR lower bands. The Commission
will make available for public inspection the pleadings and related
filings in those matters pending before the Commission.

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. Because some of our
incumbent 800 MHz licensing records have not yet been converted to the
Bureau's new Universal Licensing System (ULS), potential bidders may
have to select other databases to perform research for the frequency(s)
of interest. The research options below will allow potential bidders to
download licensing data, as well as to perform queries online.

800 MHz band Incumbent Licenses: Licensing records for the 800 MHz band
are contained in the Bureau's Land Mobile database and may be researched
on the internet at <http://www.fcc.gov/wtb> by selecting the "Databases"
link at the top of the page. Potential bidders may download a copy of
the licensing database by selecting "Download the Wireless Databases"
and choosing the appropriate files under "Land Mobile Database Files --
47 C.F.R. Part 90." Alternatively, potential bidders may query the
Bureau's licensing records online by selecting "Search the Wireless
Databases Online."

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

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 hours of service for the hotline are 7 a.m. to 10
p.m. EST, Monday through Friday, 8 a.m. to 7 p.m. EST, Saturday, and 12
p.m. to 6 p.m. EST, Sunday. In order to provide better service to the
public, *all calls to the hotline are recorded.*

### 4. Incumbent Licensees {#incumbent-licensees .unnumbered}

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 service areas. The holder of an EA
authorization thus will be required to implement its facilities to
protect incumbents from harmful interference. These limitations may
restrict the ability of such geographic area licenses to use certain
portions of the electromagnetic spectrum or provide service to certain
areas in their geographic license areas. Specifically, an EA
authorization holder will be required to coordinate with the incumbent
licensees by using the interference protection criteria referenced in
§90.683 and §90.693 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
authorized holder of the EA. The relevant authorized holder of the EA
will then be entitled to operate within the forfeited service area(s)
located within its EA, without being subject to further competitive
bidding.

### 5. Bidder Alerts  {#bidder-alerts .unnumbered}

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.[^32] 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 than 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. 36 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 800 MHz proposals may also call the FCC Consumer Center at
(888) CALL-FCC ((888) 225-5322).

### 6. National Environmental Policy Act (NEPA) Requirements {#national-environmental-policy-act-nepa-requirements .unnumbered}

Licensees must comply with the Commission\'s rules regarding the
National Environmental Policy Act (NEPA).[^33] The construction of an
800 MHz facility is a federal action and the licensee must comply with
the Commission\'s NEPA rules for each such facility.[^34] The
Commission\'s NEPA rules require, among other things, that 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.

## D. Auction Specifics {#d.-auction-specifics .unnumbered}

### 1. Auction Date  {#auction-date .unnumbered}

The auction will begin on Wednesday, November 1, 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.

###  {#section .unnumbered}

### 2. Auction Title {#auction-title .unnumbered}

Auction No. 36 -- 800 MHz SMR Lower 80 Channels

### 3. Bidding Methodology  {#bidding-methodology .unnumbered}

The bidding methodology for Auction No. 36 will be simultaneous multiple
round bidding. Bidding will be permitted only from remote locations,
either electronically (by computer) or telephonically.

### 4. Pre-Auction Dates and Deadlines {#pre-auction-dates-and-deadlines .unnumbered}

> Auction Seminar September 18, 2000
>
> Short-Form Application (FCC FORM 175) September 29, 2000; 6:00 p.m.
> EST
>
> Upfront Payments (via wire transfer) October 16, 2000; 6:00 p.m. EST
>
> Orders for Remote Bidding Software October 17, 2000; 5:30 p.m. EST
>
> Mock Auction October 30, 2000
>
> Auction Begins November 1, 2000

### 5. Requirements For Participation  {#requirements-for-participation .unnumbered}

Those wishing to participate in the auction must:

-   Submit a short form application (FCC Form 175) electronically by
    6:00 p.m. EST, September 29, 2000.

-   Submit a sufficient upfront payment and an FCC Remittance Advice
    Form (FCC Form 159) by 6:00 p.m. EST, October 16, 2000.

-   Comply with all provisions outlined in this public notice.

### 6. General Contact Information {#general-contact-information .unnumbered}

**GENERAL AUCTION INFORMATION** FCC Auctions Hotline

General Auction Questions (888) 225-5322, Press Option #2

Seminar Registration or direct (717) 338-2888

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

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

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

**LICENSING INFORMATION** Commercial Wireless Division

Rules, Policies, Regulations (202) 418-0620

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:

> 7 a.m. -- 10:00 p.m. EST, Monday -- Friday
>
> 8 a.m. -- 7:00 p.m. EST, Saturday
>
> 12:00 p.m. -- 6:00 p.m. EST, Sunday

**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 D to this public notice. The short-form application seeks
the applicant's name and address, legal classification, status, bidding
credit eligibility, identification of the authorization(s) 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.[^35] 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) and 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). As discussed above, if an applicant has had
discussions, but has not reached a joint bidding agreement by the
short-form deadline, it would not include the names of parties to the
discussions on its applications and may not continue discussions with
applicants for the same geographic license area(s) after the
deadline.[^36] 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 geographic license area 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.[^37] 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 *800 MHz Second Report and Order*, the Commission adopted small
business provisions to promote and facilitate the participation of small
businesses in competitive bidding for licenses in the 800 MHz SMR Lower
Bands.[^38]

### Eligibility

Bidding credits are available to small businesses and very small
businesses as defined in 47 C.F.R Section 90.912(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.[^39] 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
90.912. 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.[^40] Specifically, for Auction
No. 36, 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
set forth in 47 C.F.R. § 90.912, are eligible for a bidding credit that
represents the amount by which a bidder\'s winning bids are
discounted.[^41] The size of an 800 MHz lower 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 \$15 million
    for the preceding three years receives a 25 percent discount on its
    winning bids for 800 MHz lower band licenses ("small
    business");[^42]

-   A bidder with average gross revenues of not more than \$3 million
    for the preceding three years receives a 35 percent discount on its
    winning bids for 800 MHz lower band licenses ("very small
    business").[^43]

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

Bidders in Auction No. 36 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.[^44] Finally, bidders should also
note that there are no installment payment plans in Auction No. 36.

## 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 (September 29, 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
summarizing the changes to Amy Zoslov, Chief, Auctions and Industry
Analysis Division, Wireless Telecommunications Bureau, Federal
Communications Commission, 445 12th Street, SW, Room 4-A760, Washington,
DC 20554. A separate copy of the letter should be submitted to M. Nicole
Oden, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, Federal Communications commission, 445 12^th^
Street, SW, Room 4-A337, Washington, D.C. 20554. Questions about other
changes should be directed to M. Nicole Oden 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 Form 175
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.

# PRE-AUCTION PROCEDURES

## Auction Seminar

On Monday, September 18, 2000, the FCC will sponsor a free seminar for
Auction No. 36 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 800 MHz 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 attached hereto as
Attachment B and submit it by Friday, September 15, 2000. Registrations
are accepted on a first-come, first-served basis.

## Short-Form Application (FCC Form 175) \-- Due September 29, 2000

In order to be eligible to bid in this auction, applicants must first
submit a FCC Form 175 application. This application must be submitted
electronically and received at the Commission by 6:00 p.m. EST on
September 29, 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, *below*.

### Electronic Filing

Applicants must file their FCC Form 175 applications
electronically.[^45] Applications may generally be filed at any time
beginning at noon on September 18, 2000 until 6:00 p.m. EST on September
29, 2000. Applicants are strongly encouraged to file early, and 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 September 29, 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
C. Technical support is available at (202) 414-1250 (voice) or (202)
414-1255 (text telephone (TTY)); the hours of service are 7 a.m. to 10
p.m. EST, Monday through Friday, 8 a.m. to 7 p.m. EST, Saturday, and 12
p.m. to 6 p.m. EST, Sunday.

### 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 D of this public notice. Applicants are encouraged
to begin preparing the required attachments for FCC Form 175 prior to
submitting the form. Attachments C and D to this public notice provide
information on the required attachments and appropriate formats.

### Electronic Review of FCC Form 175

The FCC Form 175 electronic 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 C for details on accessing the review
system.

## 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 September
29, 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).[^46]

## Upfront Payments \-- Due October 16, 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 that can be printed and faxed to
Mellon Bank in Pittsburgh, PA. All upfront payments must be received at
Mellon Bank, by 6:00 p.m. EST on October 16, 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. 36 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 October 16, 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. EST on October 16,
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 910-1203
>
> OBI Field: (Skip one space between each information item)
>
> \"AUCTIONPAY\"
>
> TAXPAYER IDENTIFICATION NO.: (same as FCC Form 159, block 26)
>
> PAYMENT TYPE CODE (enter \"A36U\")
>
> FCC CODE 1 (same as FCC Form 159, block 23A: \"36\")
>
> PAYER NAME (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358425

**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)
209-6045 or (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. 36**.**\" **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 be faxed to
Mellon Bank in order to 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 159 is available after filing the FCC Form 175.
The FCC Form 159 can be completed 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.[^47] In the *Auction No. 36 Comment Public
Notice*, the Bureau proposed upfront payments for Auction No. 36.[^48]
Specifically, the Bureau proposed calculating the upfront payment on a
license-by-license basis, using the following formula:

> License population \*\$0.001 (the result rounded to the nearest
> hundred for levels below \$10,000.00 and to the nearest thousand for
> levels above \$10,000.00) with a minimum of no less than \$1,000.00
> per license.

In its comments, SBT claims that proposed calculation for the upfront
payments was arbitrary and did not account for incumbency. SBT
recommends that the Bureau reduce its upfront payment calculation to
ensure that no upfront payment will exceed \$2,500.00 per license.[^49]
In its reply comments, Nextel asserts that the calculation does account
for incumbency and is discounted when compared with the upper
bands.[^50] We note that the purpose of upfront payments is to ensure
that bidders are sincere participants, and setting upfront payments at a
reasonable level is a means to accomplish this goal. 2,464 of the
licenses available in Auction No. 36 require an upfront payment less
than or equal to the \$2,500.00 threshold proposed by SBT.

We are not convinced by SBT's arguments and adopt the proposed formula
to calculate upfront payment for each license:

License population \*\$0.001 (the result rounded to the nearest hundred
for levels below \$10,000.00 and to the nearest thousand for levels
above \$10,000.00) with a minimum of no less than \$1,000.00 per
license.

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. 36, 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. 36 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. Applicants can
provide the information electronically during the initial short form
filing window after the form has been submitted. Wire Transfer
Instructions can also be manually faxed to the FCC, Financial Operations
Center, Auctions Accounting Group, ATTN: Michelle Bennett or Gail
Glasser, at (202) 418-2843 by October 16, 2000. 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., *below*.

## 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 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, October 27, 2000, should
contact the Auctions Hotline at (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., S.W., 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.
If choosing to bid electronically, each bidder must purchase their own
copy of the remote electronic 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's remote bidding
software is \$175.00 and must be ordered by Tuesday, October 17, 2000.
For security purposes, the software is only mailed to the contact person
at the contact address listed on the FCC Form 175. Please note that
auction software is tailored to a specific auction, so software from
prior auctions will not work for Auction No. 36. If bidding
telephonically, the telephonic bidding phone number will be supplied in
the first Federal Express mailing of confidential login codes. Qualified
bidders that do not purchase the software may only bid telephonically.
To indicate your bidding preference, a FCC Bidding Preference/Remote
Software Order Form can be accessed when submitting the FCC Form 175.
Bidders should complete this form electronically, print it out, and fax
to (717) 338-2850. A manual copy of this form is also included as
Attachment F in this public notice.

## Mock Auction

All qualified bidders will be eligible to participate in a mock auction
on Monday, October 30, 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 bidding for Auction No. 36 will begin on Wednesday,
November 1, 2000. The initial bidding schedule will be announced in a
public notice listing the qualified bidders, which is released
approximately 10 days before the start of the auction.

## Auction Structure

### Simultaneous Multiple Round Auction

In the *Auction No. 36 Comment Public Notice*, we proposed to award the
2,800 licenses in the 800 MHz lower band in a single, simultaneous
multiple round auction.[^51] We received no comment on this issue. We
conclude that it is operationally feasible and appropriate to auction
the 800 MHz lower 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. 36. 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 *Auction No. 36 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.[^52] We received no comments on this issue.

For Auction No. 36 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 be permitted to bid. 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. The total upfront payment does not
define the total dollars a bidder may bid on any given license.

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),*below*). 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, *below*, we adopt them for Auction No. 36.

### Activity Rule Waivers and Reducing Eligibility

In the *Auction No. 36 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.[^53] 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 automated 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 *Auction No. 36 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.[^54] 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. 36.

### Stage Transitions

In the *Auction No. 36 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.[^55] 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, the auction will start in Stage One and
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. 36.

### Auction Stopping Rules

For Auction No. 36, the Bureau proposed to employ a simultaneous
stopping rule.[^56] Under this rule, 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.

The Bureau also proposed a modified version of the simultaneous stopping
rule. This modified version will 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 will 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 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).

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.[^57]
Before exercising this option, the Bureau is likely to attempt to
increase the pace of the auction by, for example, moving the auction
into the next stage where bidders will be required to maintain a higher
level of bidding activity), increasing the number of bidding rounds per
day.

No comments were received on any of these issues, therefore, we adopt
all of the above proposals concerning the auction stopping rules.
Auction No. 36 will begin under the simultaneous stopping rule, and the
Bureau will retain the discretion to invoke the other versions of the
stopping rule. Adoption of these rules, we believe, is most appropriate
for Auction No. 36 because our experience in prior auctions demonstrates
that the auction stopping rules balance 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 these stopping rules.

### Auction Delay, Suspension, or Cancellation 

In the *Auction No. 36 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.[^58]

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 in the public notice
listing the qualified bidders, which is released approximately 10 days
before the start of the auction. This public notice 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 conducted in a given day.
Details regarding round results formats and locations will be included
in a *Qualified Bidder Public Notice*.[^59]

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 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.[^60] 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.[^61] 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.[^62] The Commission concluded that the Bureau should
have the discretion to employ either or both of these mechanisms for
future auctions.[^63]

In the *Auction No. 36 Comment Public Notice*, the Bureau proposed to
establish minimum opening bids for Auction No. 36 and to retain
discretion to lower the minimum opening bids.[^64] Specifically, for
Auction No. 36, the Commission proposed the following license-by-license
formulas for calculating minimum opening bids, based on the population
(\"pops\") of the EA:

> License population \* \$0.001 (the result rounded to the nearest
> hundred for results less than \$10,000.00 and to the nearest thousand
> for results greater than \$10,000.00) with a minimum of no less than
> \$1,000.00 per license.

In the alternative, the Bureau sought comment on whether, consistent
with the BalancedBudget Act, the public interest would be served by
having no minimum opening bid or reserve price.[^65]

We will adopt minimum opening bids for the licenses in Auction No. 36,
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.[^66]

In its comments, SBT claims that the proposed calculation for the
minimum opening bids was arbitrary and did not account for incumbency.
SBT recommends that the Bureau reduce its MOBs to a level no greater
than \$1,000.00 per license.[^67] In its reply comments, Nextel asserts
that the MOB calculation does account for incumbency and is discounted
when compared with the upper bands.[^68] We further reiterate that the
Bureau must consider and apply factors that include incumbency and
spectrum amount when determining minimum opening bids.

We are not convinced by SBT's arguments and adopt the proposed formula
to calculate minimum opening bids for each license:

> License population \* \$0.001 (the result rounded to the nearest
> hundred for results less than \$10,000.00 and rounded to the nearest
> thousand for results greater than \$10,000.00) with a minimum of no
> less than \$1,000.00 per license.

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.[^69] 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 *Auction No. 36 Comment Public Notice*, we proposed to use a
smoothing methodology to calculate minimum bid increments.[^70] We
further proposed to retain the discretion to change the minimum bid
increment if circumstances so dictate.[^71] 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. 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. 36 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 entering 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. Normally four to five minutes are necessary to complete a bid
submission.) There will be no on-site bidding during Auction No. 36.

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. 36 allows bidders to place multiple increment bids.
Specifically, high bids may be increased 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 *Auction No. 36 Comment Public Notice*, we proposed bid removal
and bid withdrawal rules.[^72] 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. 36, 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 (Auction No. 16), 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; i.e. a
bid that is subsequently removed does not count toward the bidder's
activity requirement. This procedure, about which we received no
comments, will enhance bidder flexibility during the auction. Therefore,
we will adopt these procedures for Auction No. 36.

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.[^73]
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.[^74] 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 winning bid amount 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, less the three percent interim 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. Reports reflecting bidders\' identities and bidder
identification numbers for Auction No. 36 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 certain revision of
exhibits. Filers must make these changes on-line, and submit a letter
summarizing the changes 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

A separate copy of the letter should be mailed to M. Nicole Oden,
Auctions and Industry Analysis Division, Room 4-A337, Wireless
Telecommunications Bureau, Federal Communi-cations Commission, 445
12^th^ Street, S.W., Washington, D.C. 20554. Questions about other
changes should be directed to M. Nicole Oden, 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 public
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 public
notice, winning bidders must electronically submit a properly completed
long-form application and required exhibits for each 800 MHz 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 an 800 MHz 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.

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. If the
refund instructions were completed electronically, only a written
request for the refund is necessary. If not, the request must also
include wire transfer instructions and a Taxpayer Identification Number
(\"TIN"). Send refund request 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 electronically
using the refund information portion of the FCC Form 175, but bidders
can also fax their information to the Auctions Accounting Group at (202)
418-2843. Once the information has been approved, a refund will be sent
to the party identified in the refund information.

> 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:** M. Nicole Oden, Legal
Branch at (202) 418-0660; Kathy Garland or Bob Reagle, Auctions
Operations Branch at (717) 338-2888

**Commercial Wireless Division:** JoAnn Epps, Licensing and Technical
Analysis Branch at

\(202\) 418--1342

**- FCC -**

# ATTACHMENT A

**Licenses to be Auctioned**

  ---------------------------------------------------------------------------------------------------------------------------------------------------
  **Market     **License Name**                             **License   **Population for    **Bidding Units **Upfront Payment    **Minimum Opening
  No.**                                                     Number &    each Block**        for Each        for each Block**     Bid for each Block**
                                                            Suffix**                        Block**                              
  ------------ -------------------------------------------- ----------- ------------------- --------------- -------------------- --------------------
  **BEA001**   Bangor, ME                                   YCBEA001    533,135             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA002**   Portland, ME                                 YCBEA002    694,793             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA003**   Boston-Worcester-Lawrence-Lowell-Brockton,   YCBEA003    7,445,016           7,400           \$7,400.00           \$7,400.00
               MA-NH-RI-VT                                  (G - V)                                                              

  **BEA004**   Burlington, VT-NY                            YCBEA004    568,377             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA005**   Albany-Schenectady-Troy, NY                  YCBEA005    1,147,154           1,100           \$1,100.00           \$1,100.00
                                                            (G - V)                                                              

  **BEA006**   Syracuse, NY-PA                              YCBEA006    1,934,632           1,900           \$1,900.00           \$1,900.00
                                                            (G - V)                                                              

  **BEA007**   Rochester, NY-PA                             YCBEA007    1,457,846           1,500           \$1,500.00           \$1,500.00
                                                            (G - V)                                                              

  **BEA008**   Buffalo-Niagara Falls, NY-PA                 YCBEA008    1,529,735           1,500           \$1,500.00           \$1,500.00
                                                            (G - V)                                                              

  **BEA009**   State College, PA                            YCBEA009    798,826             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA010**   New York-North New Jersey-Long Island,       YCBEA010    23,919,008          24,000          \$24,000.00          \$24,000.00
               NY-NJ-CT-PA-MA-VT                            (G - V)                                                              

  **BEA011**   Harrisburg-Lebanon-Carlisle, PA              YCBEA011    1,026,459           1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA012**   Philadelphia-Wilmington-Atlantic. City,      YCBEA012    6,915,860           6,900           \$6,900.00           \$6,900.00
               PA-NJ-DE-MD                                  (G - V)                                                              

  **BEA013**   Washington-Baltimore, DC-MD-VA-WV-PA         YCBEA013    7,454,633           7,500           \$7,500.00           \$7,500.00
                                                            (G - V)                                                              

  **BEA014**   Salisbury, MD-DE-VA                          YCBEA014    290,800             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA015**   Richmond-Petersburg, VA                      YCBEA015    1,247,627           1,200           \$1,200.00           \$1,200.00
                                                            (G - V)                                                              

  **BEA016**   Staunton, VA-WV                              YCBEA016    301,626             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA017**   Roanoke, VA-NC-WV                            YCBEA017    760,378             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA018**   Greensboro-Winston-Salem-High Point, NC-VA   YCBEA018    1,604,323           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA019**   Raleigh-Durham-Chapel Hill, NC               YCBEA019    1,412,330           1,400           \$1,400.00           \$1,400.00
                                                            (G - V)                                                              

  **BEA020**   Norfolk-Virginia Beach-Newport News, VA-NC   YCBEA020    1,588,174           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA021**   Greenville, NC                               YCBEA021    743,407             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA022**   Fayetteville, NC                             YCBEA022    465,018             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA023**   Charlotte-Gastonia-Rock Hill, NC-SC          YCBEA023    1,626,519           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA024**   Columbia, SC                                 YCBEA024    815,834             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA025**   Wilmington, NC-SC                            YCBEA025    716,089             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA026**   Charleston-North Charleston, SC              YCBEA026    541,252             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA027**   Augusta-Aiken, GA-SC                         YCBEA027    536,809             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA028**   Savannah, GA-SC                              YCBEA028    550,623             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA029**   Jacksonville, FL-GA                          YCBEA029    1,557,922           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA030**   Orlando, FL                                  YCBEA030    2,836,481           2,800           \$2,800.00           \$2,800.00
                                                            (G - V)                                                              

  **BEA031**   Miami-Fort Lauderdale, FL                    YCBEA031    4,538,394           4,500           \$4,500.00           \$4,500.00
                                                            (G - V)                                                              

  **BEA032**   Fort Myers-Cape Coral, FL                    YCBEA032    487,212             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA033**   Sarasota-Bradenton, FL                       YCBEA033    624,323             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA034**   Tampa-St. Petersburg-Clearwater, FL          YCBEA034    2,067,959           2,100           \$2,100.00           \$2,100.00
                                                            (G - V)                                                              

  **BEA035**   Tallahassee, FL-GA                           YCBEA035    610,116             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA036**   Dothan, AL-FL-GA                             YCBEA036    307,026             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA037**   Albany, GA                                   YCBEA037    415,342             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA038**   Macon, GA                                    YCBEA038    686,336             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA039**   Columbus, GA-AL                              YCBEA039    449,582             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA040**   Atlanta, GA-AL-NC                            YCBEA040    4,067,704           4,100           \$4,100.00           \$4,100.00
                                                            (G - V)                                                              

  **BEA041**   Greenville-Spartanburg-Anderson, SC-NC       YCBEA041    1,083,199           1,100           \$1,100.00           \$1,100.00
                                                            (G - V)                                                              

  **BEA042**   Asheville, NC                                YCBEA042    371,635             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA043**   Chattanooga, TN-GA                           YCBEA043    635,535             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA044**   Knoxville, TN                                YCBEA044    840,395             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA045**   Johnson City-Kingsport-Bristol, TN-VA        YCBEA045    524,270             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA046**   Hickory-Morganton, NC-TN                     YCBEA046    445,736             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA047**   Lexington, KY-TN-VA-WV                       YCBEA047    1,731,306           1,700           \$1,700.00           \$1,700.00
                                                            (G - V)                                                              

  **BEA048**   Charleston, WV-KY-OH                         YCBEA048    1,196,043           1,200           \$1,200.00           \$1,200.00
                                                            (G - V)                                                              

  **BEA049**   Cincinnati-Hamilton, OH-KY-IN                YCBEA049    2,003,480           2,000           \$2,000.00           \$2,000.00
                                                            (G - V)                                                              

  **BEA050**   Dayton-Springfield, OH                       YCBEA050    1,125,936           1,100           \$1,100.00           \$1,100.00
                                                            (G - V)                                                              

  **BEA051**   Columbus, OH                                 YCBEA051    2,100,613           2,100           \$2,100.00           \$2,100.00
                                                            (G - V)                                                              

  **BEA052**   Wheeling, WV-OH                              YCBEA052    346,375             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA053**   Pittsburgh, PA-WV                            YCBEA053    3,003,172           3,000           \$3,000.00           \$3,000.00
                                                            (G - V)                                                              

  **BEA054**   Erie, PA                                     YCBEA054    512,673             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA055**   Cleveland-Akron, OH-PA                       YCBEA055    4,564,666           4,600           \$4,600.00           \$4,600.00
                                                            (G - V)                                                              

  **BEA056**   Toledo, OH                                   YCBEA056    1,278,722           1,300           \$1,300.00           \$1,300.00
                                                            (G - V)                                                              

  **BEA057**   Detroit-Ann Arbor-Flint, MI                  YCBEA057    6,626,919           6,600           \$6,600.00           \$6,600.00
                                                            (G - V)                                                              

  **BEA058**   Northern Michigan, MI                        YCBEA058    230,066             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA059**   Green Bay, WI-MI                             YCBEA059    624,600             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA060**   Appleton-Oshkosh-Neenah, WI                  YCBEA060    380,610             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA061**   Traverse City, MI                            YCBEA061    238,720             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA062**   Grand Rapids-Muskegon-Holland, MI            YCBEA062    1,666,950           1,700           \$1,700.00           \$1,700.00
                                                            (G - V)                                                              

  **BEA063**   Milwaukee-Racine, WI                         YCBEA063    2,119,557           2,100           \$2,100.00           \$2,100.00
                                                            (G - V)                                                              

  **BEA064**   Chicago-Gary-Kenosha, IL-IN-WI               YCBEA064    9,317,947           9,300           \$9,300.00           \$9,300.00
                                                            (G - V)                                                              

  **BEA065**   Elkhart-Goshen, IN-MI                        YCBEA065    864,201             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA066**   Fort Wayne, IN                               YCBEA066    666,421             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA067**   Indianapolis, IN-IL                          YCBEA067    2,753,182           2,800           \$2,800.00           \$2,800.00
                                                            (G - V)                                                              

  **BEA068**   Champaign-Urbana, IL                         YCBEA068    623,541             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA069**   Evansville-Henderson, IN-KY-IL               YCBEA069    825,644             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA070**   Louisville, KY-IN                            YCBEA070    1,291,188           1,300           \$1,300.00           \$1,300.00
                                                            (G - V)                                                              

  **BEA071**   Nashville, TN-KY                             YCBEA071    2,002,283           2,000           \$2,000.00           \$2,000.00
                                                            (G - V)                                                              

  **BEA072**   Paducah, KY-IL                               YCBEA072    211,179             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA073**   Memphis, TN-AR-MS-KY                         YCBEA073    1,687,817           1,700           \$1,700.00           \$1,700.00
                                                            (G - V)                                                              

  **BEA074**   Huntsville, AL-TN                            YCBEA074    885,020             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA075**   Tupelo, MS-AL-TN                             YCBEA075    577,246             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA076**   Greenville, MS                               YCBEA076    257,239             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA077**   Jackson, MS-AL-LA                            YCBEA077    1,328,647           1,300           \$1,300.00           \$1,300.00
                                                            (G - V)                                                              

  **BEA078**   Birmingham, AL                               YCBEA078    1,450,463           1,500           \$1,500.00           \$1,500.00
                                                            (G - V)                                                              

  **BEA079**   Montgomery, AL                               YCBEA079    440,228             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA080**   Mobile, AL                                   YCBEA080    607,965             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA081**   Pensacola, FL                                YCBEA081    515,942             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA082**   Biloxi-Gulfport-Pascagoula, MS               YCBEA082    339,791             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA083**   New Orleans, LA-MS                           YCBEA083    1,635,720           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA084**   Baton Rouge, LA-MS                           YCBEA084    656,284             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA085**   Lafayette, LA                                YCBEA085    554,665             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA086**   Lake Charles, LA                             YCBEA086    523,289             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA087**   Beaumont-Port Arthur, TX                     YCBEA087    422,543             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA088**   Shreveport-Bossier City, LA-AR               YCBEA088    555,385             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA089**   Monroe, LA                                   YCBEA089    326,897             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA090**   Little Rock-North Little Rock, AR            YCBEA090    1,447,083           1,400           \$1,400.00           \$1,400.00
                                                            (G - V)                                                              

  **BEA091**   Fort Smith, AR-OK                            YCBEA091    286,113             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA092**   Fayetteville-Springdale-Rogers, AR-MO-OK     YCBEA092    285,955             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA093**   Joplin, MO-KS-OK                             YCBEA093    233,725             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA094**   Springfield, MO                              YCBEA094    712,422             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA095**   Jonesboro, AR-MO                             YCBEA095    290,104             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA096**   St. Louis, MO-IL                             YCBEA096    3,402,818           3,400           \$3,400.00           \$3,400.00
                                                            (G - V)                                                              

  **BEA097**   Springfield, IL-MO                           YCBEA097    499,681             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA098**   Columbia, MO                                 YCBEA098    321,564             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA099**   Kansas City, MO-KS                           YCBEA099    2,224,907           2,200           \$2,200.00           \$2,200.00
                                                            (G - V)                                                              

  **BEA100**   Des Moines, IA-IL-MO                         YCBEA100    1,604,609           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA101**   Peoria-Pekin, IL                             YCBEA101    523,719             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA102**   Davenport-Moline-Rock Island, IA-IL          YCBEA102    548,257             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA103**   Cedar Rapids, IA                             YCBEA103    341,001             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA104**   Madison, WI-IA-IL                            YCBEA104    837,209             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA105**   La Crosse, WI-MN                             YCBEA105    220,502             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA106**   Rochester, MN-IA-WI                          YCBEA106    292,175             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA107**   Minneapolis-St. Paul, MN-WI-IA               YCBEA107    3,945,443           3,900           \$3,900.00           \$3,900.00
                                                            (G - V)                                                              

  **BEA108**   Wausau, WI                                   YCBEA108    451,533             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA109**   Duluth-Superior, MN-WI                       YCBEA109    340,675             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA110**   Grand Forks, ND-MN                           YCBEA110    240,827             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA111**   Minot, ND                                    YCBEA111    116,054             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA112**   Bismarck, ND-MT-SD                           YCBEA112    172,204             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA113**   Fargo-Moorhead, ND-MN                        YCBEA113    347,670             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA114**   Aberdeen, SD                                 YCBEA114    84,696              1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA115**   Rapid City, SD-MT-ND-NE                      YCBEA115    199,782             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA116**   Sioux Falls, SD-IA-MN-NE                     YCBEA116    478,307             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA117**   Sioux City, IA-NE-SD                         YCBEA117    239,518             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA118**   Omaha, NE-IA-MO                              YCBEA118    958,815             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA119**   Lincoln, NE                                  YCBEA119    341,684             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA120**   Grand Island, NE                             YCBEA120    277,509             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA121**   North Platte, NE-CO                          YCBEA121    60,432              1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA122**   Wichita, KS-OK                               YCBEA122    1,094,213           1,100           \$1,100.00           \$1,100.00
                                                            (G - V)                                                              

  **BEA123**   Topeka, KS                                   YCBEA123    444,800             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA124**   Tulsa, OK-KS                                 YCBEA124    1,259,636           1,300           \$1,300.00           \$1,300.00
                                                            (G - V)                                                              

  **BEA125**   Oklahoma City, OK                            YCBEA125    1,550,725           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA126**   Western Oklahoma, OK                         YCBEA126    144,847             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA127**   Dallas-Fort Worth, TX-AR-OK                  YCBEA127    6,180,783           6,200           \$6,200.00           \$6,200.00
                                                            (G - V)                                                              

  **BEA128**   Abilene, TX                                  YCBEA128    213,430             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA129**   San Angelo, TX                               YCBEA129    189,093             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA130**   Austin-San Marcos, TX                        YCBEA130    922,307             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA131**   Houston-Galveston-Brazoria, TX               YCBEA131    4,567,679           4,600           \$4,600.00           \$4,600.00
                                                            (G - V)                                                              

  **BEA132**   Corpus Christi, TX                           YCBEA132    500,805             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA133**   McAllen-Edinburg-Mission, TX                 YCBEA133    701,888             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA134**   San Antonio, TX                              YCBEA134    1,741,991           1,700           \$1,700.00           \$1,700.00
                                                            (G - V)                                                              

  **BEA135**   Odessa-Midland, TX                           YCBEA135    382,517             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA136**   Hobbs, NM-TX                                 YCBEA136    185,128             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA137**   Lubbock, TX                                  YCBEA137    357,092             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA138**   Amarillo, TX-NM                              YCBEA138    448,258             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA139**   Santa Fe, NM                                 YCBEA139    208,689             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA140**   Pueblo, CO-NM                                YCBEA140    247,124             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA141**   Denver-Boulder-Greeley, CO-KS-NE             YCBEA141    3,031,140           3,000           \$3,000.00           \$3,000.00
                                                            (G - V)                                                              

  **BEA142**   Scottsbluff, NE-WY                           YCBEA142    91,975              1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA143**   Casper, WY-ID-UT                             YCBEA143    382,095             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA144**   Billings, MT-WY                              YCBEA144    362,513             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA145**   Great Falls, MT                              YCBEA145    163,284             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA146**   Missoula, MT                                 YCBEA146    333,984             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA147**   Spokane, WA-ID                               YCBEA147    691,806             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA148**   Idaho Falls, ID-WY                           YCBEA148    263,379             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA149**   Twin Falls, ID                               YCBEA149    136,831             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA150**   Boise City, ID-OR                            YCBEA150    408,246             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA151**   Reno, NV-CA                                  YCBEA151    511,004             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA152**   Salt Lake City-Ogden, UT-ID                  YCBEA152    1,635,998           1,600           \$1,600.00           \$1,600.00
                                                            (G - V)                                                              

  **BEA153**   Las Vegas, NV-AZ-UT                          YCBEA153    943,702             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA154**   Flagstaff, AZ-UT                             YCBEA154    299,753             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA155**   Farmington, NM-CO                            YCBEA155    150,155             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA156**   Albuquerque, NM-AZ                           YCBEA156    762,814             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA157**   El Paso, TX-NM                               YCBEA157    807,501             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA158**   Phoenix-Mesa, AZ-NM                          YCBEA158    2,365,002           2,400           \$2,400.00           \$2,400.00
                                                            (G - V)                                                              

  **BEA159**   Tucson, AZ                                   YCBEA159    794,180             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA160**   Los Angeles-Riverside-Orange County, CA-AZ   YCBEA160    15,891,818          16,000          \$16,000.00          \$16,000.00
                                                            (G - V)                                                              

  **BEA161**   San Diego, CA                                YCBEA161    2,498,016           2,500           \$2,500.00           \$2,500.00
                                                            (G - V)                                                              

  **BEA162**   Fresno, CA                                   YCBEA162    1,168,970           1,200           \$1,200.00           \$1,200.00
                                                            (G - V)                                                              

  **BEA163**   San Francisco-Oakland-San Jose, CA           YCBEA163    8,033,134           8,000           \$8,000.00           \$8,000.00
                                                            (G - V)                                                              

  **BEA164**   Sacramento-Yolo, CA                          YCBEA164    1,935,487           1,900           \$1,900.00           \$1,900.00
                                                            (G - V)                                                              

  **BEA165**   Redding, CA-OR                               YCBEA165    307,572             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA166**   Eugene-Springfield, OR-CA                    YCBEA166    689,659             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA167**   Portland-Salem, OR-WA                        YCBEA167    2,310,060           2,300           \$2,300.00           \$2,300.00
                                                            (G - V)                                                              

  **BEA168**   Pendleton, OR-WA                             YCBEA168    176,129             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA169**   Richland-Kennewick-Pasco, WA                 YCBEA169    545,747             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA170**   Seattle-Tacoma-Bremerton, WA                 YCBEA170    3,445,064           3,400           \$3,400.00           \$3,400.00
                                                            (G - V)                                                              

  **BEA171**   Anchorage, AK                                YCBEA171    550,043             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA172**   Honolulu, HI                                 YCBEA172    1,108,229           1,100           \$1,100.00           \$1,100.00
                                                            (G - V)                                                              

  **BEA173**   Guam and Northern Mariana Islands            YCBEA173    176,497             1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

  **BEA174**   Puerto Rico and the U.S. Virgin Islands      YCBEA174    3,623,846           3,600           \$3,600.00           \$3,600.00
                                                            (G - V)                                                              

  **BEA175**   American Samoa                               YCBEA175    46,773              1,000           \$1,000.00           \$1,000.00
                                                            (G - V)                                                              

               **Totals**                                   **175**     **252,556,989**     **314,300**     **\$314,300.00**     **\$314,300.00**

               **License Totals**                           **2,800**   **4,040,911,824**   **5,028,800**   **\$5,028,800.00**   **\$5,028,800.00**
  ---------------------------------------------------------------------------------------------------------------------------------------------------

*Notes:*

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

# ATTACHMENT B

**FCC AUCTION SEMINAR REGISTRATION FORM**

**Auction No. 36**

The FCC will sponsor a one-day seminar for Auction No. 36 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:

Monday, September 18, 2000

Federal Communications Commission

445 12^th^ Street S.W.

Washington, DC 20554

**Registration 8:00 a.m. - 9:00 a.m.**

**Seminar 9:00 a.m. -- 3:00 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**

**12:00 noon, Friday, September 15, 2000,**

by mail or fax to:

FCC Auction 36

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. 36 Seminar, scheduled for **Monday,
September 18, 2000.**

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

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

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

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

# ATTACHMENT C

ELECTRONIC FILING AND REVIEW

OF THE FCC FORM 175

Applicants must submit their FCC Form 175 applications electronically,
using either the FCC Auctions System page on the Internet or the
Commission\'s remote access system. The remote access system will
generally be available 24 hours per day. FCC Form 175 applications must
be submitted and confirmed by **6:00 p.m. EST on Friday, September 29,
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.

## Minimum Hardware and Software Requirements

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: 28.8 Kbps 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 4.73 is recommended. However, you
    can also use Netscape Communicator 4.5, 4.51, 4.61, 4.7, or 4.72
    (Internet web browser software).

> **Note:** To download Netscape Communicator 4.73 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

You can submit 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
Submit**.

> **Note:** If you have problems with the Internet, you may submit FCC
> Form 175 applications via the FCC Wide-Area Network, using Dial-Up
> Networking. For details, refer to the *Accessing the FCC Network to
> File FCC Form 175* attachment.

When uploading attachments in FCC Form 175 Submission, applicants may
use a variety of file formats \-- including Word 97 or earlier,
WordPerfect 6.*x* or earlier, Adobe PDF, and ASCII text \-- and should
verify that the files contain all exhibit information. Graphics file
uploads (e.g., *.bmp*, *.tiff*, *.jpg*) and spreadsheets (e.g., Excel,
Lotus) are not supported, and graphics images should not be imported
into any word processing files that are uploaded. ***Do not upload a
password-protected file. The FCC system will not be able to open it or
convert it.***

After you upload an attachment and it has been converted, 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. Pressing **Submit Form
175** produces a confirmation message showing the assigned FCC Account
Number. During each filing period, submitted applications may be updated
and amended multiple times until the filing deadline.

## 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
from 7 a.m. to 10 p.m. EST, Monday through Friday, 8 a.m. to 7 p.m. EST,
Saturday, and 12 p.m. to 6 p.m. EST, Sunday. *All calls to the FCC
Technical Support Hotline are recorded.*

# ATTACHMENT D

**GUIDELINES FOR COMPLETION**

**OF FCC FORM 175 AND EXHIBITS**

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. It is critically important that you confirm the licenses that
you have selected because the FCC auction system will not accept bids on
licenses for which an applicant has not applied on its FCC Form 175.
**Note that there are multiple channel blocks offered in each geographic
area (\"Market\") and each of these licenses must be selected
individually (i.e., selecting channel block G in market BEA001 does not
make you eligible to bid on channel block H in market BEA001). Each row
in this license list represents a single license, shown as one market
and channel block**. Please confirm your license selection, by clicking
on the \"Confirm\" button.

**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, registration information and software mailings
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).

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) 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.*

*2) Re‑upload the attachment.*

*3) When the re-uploaded attachment has successfully converted, delete
the failed 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***

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) Corporation
Corporate name and address; and name, title, and citizenship of a
responsible officer or director Limited Liability Corporate name and
address; and name, address, and citizenship Corporation of all members
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. Company 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 Company 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.* Company 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 Company 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 Company
> A\'s interest in the applicant need not be reported. However, if
> Company A owned 40% of Company B in the above example, then Company
> 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 M. Nicole Oden, Legal Branch, Auctions and Industry Analysis
Division, Room 4-A337), 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.

# ATTACHMENT E

**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. 36. 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 \"358425\"
>
> 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 \"A36U\"
>
> 21A Quantity - Enter the number \"1\"
>
> 22A Amount Due - Enter the total upfront payment due.
>
> 23A FCC Code 1 - Enter the number \"36\" (indicating Auction No. 36).
>
> 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. 36**

***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 copy of the 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 #36.) 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. EST on
**Tuesday, October 17, 2000.**

FCC BIDDING PREFERENCE (Auction No. 36)

[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)

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

A1 = (0.5 \* 2) + (0.5 \* 0) = 1

The smaller of I2 = (1 + 1) \* 0.1 = 0.2 or 0.2 (the maximum percentage
increment)

2\. Minimum bid increment for round 2 using the percentage increment (I2
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)

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

A2 = (0.5 \* 3) + (0.5 \* 1) = 2

The smaller of I3 = (1 + 2) \* 0.1 = 0.3 or 0.2 (the maximum percentage
increment)

2\. Minimum bid increment for round 3 using the percentage increment (I3
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)

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

A3 = (0.5 \* 1) + (0.5 \* 2) = 1.5

The smaller of I4 = (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 (I4
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

TO FILE FCC FORM 175

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.

> **Note:** Dial-up access to the FCC Network is ***not*** required to
> submit or review FCC Form 175 applications. You can perform those
> functions from the Internet, by entering location
> ***http://wtbwww15.fcc.gov/*** on your Netscape Web browser and
> clicking the **175 Submit** or **175 Review** button, respectively.
> For more details, refer to the *Electronic Filing and Review of the
> FCC Form 175* attachment.

**[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://wtbwww15.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.

## Accessing the FCC Network to Submit FCC Form 175 Applications

The following section provides the instructions for configuring the
dial-up network access in preparation for submitting FCC Form 175
applications. The subsequent section gives the dial-up procedure.

### 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\. Type ***FCC Auctions 877#*** in the field titled *Type a name for
the computer you are dialing.*

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.  Type ***877*** and ***844-2788*** in the *Area Code* and *Telephone
    Number* fields, respectively.

> If you need to dial *9* or some other digit to get an outside line,
> include that digit in the *Area Code* field. For example, you might
> type ***9, 1 877*** in this field.

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 *FCC Auctions 877#* 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 icon 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]{.underline}* 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 addresses* at the top and select
*Specify name server addresses* midway down the window.

17\. Type ***165.135.79.95*** as the Primary DNS and
***165.135.241.149*** as the Secondary 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. Close the *Dial-Up Networking* window.

20\. 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 and then click the **Enable
> DNS** radio button at the top.

e.  Type ***bidder*** in the *Host* box, type ***fcc.gov*** in the
    *Domain* box, then type ***165.135.79.95*** and
    ***165.135.241.149*** in the first two DNS Server Search Order boxes
    and click the **Add** button.

> **Note:** You are limited to three DNS entries. If you already have
> three DNS entries, you must delete two of them before performing this
> step. To do this, click the first entry you want to delete and click
> the **Remove** button. Then click the second entry you want to delete
> and click the **Remove** button again.

f.  Click **OK** on the TCP/IP Properties windows, then click **OK** on
    the Network windows.

g.  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#** icon.

3\. Click the **Connect** button on the window. *[Do not enter User name
and Password]{.underline}*.

> 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.

## Submitting FCC Form 175 Applications

After you have connected to the FCC Network, start your Netscape Web
browser. In your browser's *Location* field, enter
***http://wtbwww15.fcc.gov*** (primary location) or
***http://wtbwww34.fcc.gov*** (secondary location) and then click **175
Submit**.

> **Note:** The *wtbwww34* location can only be accessed through dial-up
> networking; it cannot be accessed through the Internet.

When uploading attachments in FCC Form 175 Submission, applicants may
use a variety of file formats \-- including Word 97 or earlier,
WordPerfect 6.*x* or earlier, Adobe PDF, and ASCII text \-- and should
verify that the files contain all exhibit information. Graphics file
uploads (e.g., *.bmp*, *.tiff*, *.jpg*) and spreadsheets (e.g., Excel,
Lotus) are not supported, and graphics images should not be imported
into any word processing files that are uploaded. ***Do not upload a
password-protected file. The FCC system will not be able to open it or
convert it.***

After you upload an attachment and it has been converted, 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. Pressing **Submit Form
175** produces a confirmation message showing the assigned FCC Account
Number. 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 click the
**Disconnect** button on the Connection window to end your dial-up
session.

## Removing the Dial-Up Networking Service

Once you have finished using the dial-up networking service, you can
remove it from your computer, as follows:

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

2.  Click **Control Panel** and then double-click the **Network** icon.

3.  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.

4.  Click the **DNS Configuration** tab.

5.  Click the DNS Server Search Order box containing ***165.135.79.95***
    to select it, then click the **Remove** button.

6.  Similarly, click the DNS Server Search Order box containing
    ***165.135.241.149*** to select it, then click the **Remove**
    button.

7.  Click **OK** on the TCP/IP Properties windows, then click **OK** on
    the Network windows.

8.  If you are prompted to restart your computer, click **Yes** to
    restart.

9.  Remove the **FCC Auctions 877#** icon from your desktop. That is,
    click the icon with your *right* mouse button and then click the
    **Delete** option in the pull-down menu.

## 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.  Confirm that the correct modem driver is installed for your modem.

### Modem dials but does not connect

1.  Confirm that the number the modem is dialing is correct.

```{=html}
<!-- -->
```
2.  Confirm that the modem prefix, if any, is correct.

***Using a Backup Dial-In Number.*** If the number and prefix are
correct, the 877 number being dialed may be experiencing problems. In
this case, you can reconfigure the dial-up software using an alternate
dial-in number, which is also toll-free. To use the backup number,
perform the *Configuring Dial-Up Networking* procedure again, but this
time make the following changes:

-   In Step 3, type ***FCC Auctions 800#*** in the field titled *Type a
    name for the computer you are dialing.*

-   In Step 6, type ***800*** and ***378-7435*** in the *Area Code* and
    *Telephone Number* fields, respectively.

-   In Step 17, type ***165.135.241.149*** as the Primary DNS.

-   In Step 20e, type ***165.135.241.149*** in the DNS Server Search
    Order box.

### 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 set to ***http://wtbwww15.fcc.gov***
    or ***http://wtbwww34.fcc.gov***

2.  On your browser, click the **Preferences** option in the Edit menu.
    In the Category area at the left, double-click **Advanced**. In the
    area at the top, confirm that *Enable Java* and *Enable JavaScript*
    are selected. In the Cookies area, confirm that *Accept all cookies*
    is selected.

## 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
from 7 a.m. to 10 p.m. EST, Monday through Friday, 8 a.m. to 7 p.m. EST,
Saturday, and 12 p.m. to 6 p.m. EST, Sunday. *All calls to the FCC
Technical Support Hotline are recorded.*

# ATTACHMENT I

> **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]: Section 3002(a), Balanced Budget Act, Pub. L. 105-33, 111 Stat.
    251 (1997) ("Balanced 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).

[^2]: *See* "Auction of Licenses for 800 MHz Specialized Mobile Radio
    (SMR) Frequencies in the Lower 80 Channels Scheduled for September
    13, 2000; Comment Sought on Reserve Prices or Minimum Opening Bids
    and Other Auction Procedures," *Public Notice,* DA 00-668 (rel.
    March 23, 2000)*,* 65 Fed. Reg. 17272 (March 31, 2000) ("*Auction
    No. 36 Comment Public Notice")*.

[^3]: Comments were filed by Personal Communications Industry
    Association ("PCIA"), Southern LINC ("Southern"), Pacific Wireless
    Technologies, Inc. ("Pacific Wireless"), Nextel Communications, Inc.
    ("Nextel"). Reply comments were filed by Small Business in
    Telecommunications ("SBT"), Southern and Nextel.

[^4]: *Auction No. 36 Comment Public Notice* at 1.

[^5]: Amendment of Part 90 of the Commission's Rules to Facilitate
    Future Development of SMR Systems in the 800 MHz Frequency Band, PR
    Docket No. 93-144, *First Report and Order, Eighth Report and Order,
    and Second Further Notice of Proposed Rule Making, FCC 95-501,* 11
    FCC Rcd. 1463 (1995) (collectively, "*800 MHz First Report* *and
    Order*").

[^6]: Amendment of Part 90 of the Commission's Rules to Facilitate
    Future Development of SMR Systems in the 800 MHz Frequency Band, PR
    Docket No. 93-144, *Second Report and Order,* FCC 97-223, 12 FCC
    Rcd. 19079 (1997) ("800 MHz *Second Report and Order").*

[^7]: Amendment of Part 90 of the Commission's Rules to Facilitate
    Future Development of SMR Systems in the 800 MHz Frequency Band, PR
    Docket No. 93-144, *Memorandum Opinion and Order on
    Reconsideration,* FCC 99-270, 14 FCC Rcd. 17556 (1999) (*"800 MHz
    Order on Reconsideration")*.

[^8]: See 47 C.F.R. §90.619(a)(5) Table 4A, (b)(8) Table 12, (b)(9)
    Table 16, (b)(10) Table 20, and (b)(11) Table 24. See also Amendment
    of Part 90 of the Commission's Rules to Facilitate Future
    Development of SMR Systems in the 800 MHz Frequency Band, PR Docket
    #93-144, *Memorandum Opinion and Order on Reconsideration,* FCC
    99-270, 14 FCC Rcd. 17556 (1999) (*"800 MHz Order on
    Reconsideration")*.

[^9]: *See* Comments by Nextel and Southern; Reply Comments by Nextel,
    Southern and SBT.

[^10]: *Id*.

[^11]: Southern Comments at 3-4.

[^12]: Nextel Reply Comments at 7.

[^13]: SBT Reply Comments at 3.

[^14]: SBT has filed a motion requesting that the Commission "stay the
    effectiveness" of the *Auction No. 34 Comment Public Notice,* the
    effect of which would be to delay the auction. The Bureau will
    respond to this motion in a separate Order. *See* Emergency Motion
    for Stay, filed by SBT (April 24, 2000).

[^15]: Pacific Wireless Comments at 2.

[^16]: PCIA Comments at 2-4 and SBT Reply Comments at 2.

[^17]: Pacific Wireless Comments at 2-5.

[^18]: Pacific Wireless Comments at 2-5.

[^19]: *See 800 MHz Order on Reconsideration* at ¶ 29; *800 MHz Second
    Report and Order* at ¶¶66-67.

[^20]: *See 800 MHz Second Report and Order* at ¶ 66 (emphasis added).

[^21]: Nextel Reply Comments at 3 and Southern Reply Comments at 2.

[^22]: *See 800 MHz Second Report and Order* at ¶ 66.

[^23]: Nextel Reply Comments at 6-7. *See generally* Southern Reply
    Comments at 3.

[^24]: *See* Section A.I.1, above.

[^25]: *See 800 MHz Second Report and Order* at ¶ 118. S*ee also* 47
    C.F.R. § 1.2105(c).

[^26]: *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")*.

[^27]: *See Nevada Wireless,* 13 FCC Rcd. at 11978.

[^28]: *See* 47 C.F.R. § 1.2105(c).

[^29]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, DA 95-2244, 11 FCC
    Rcd. 9645 (1995) (rel. October 26, 1995).

[^30]: *See* 47 C.F.R. § 1.65.

[^31]: *See e.g.* Small Business in Telecommunications, Inc. v Federal
    Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29,
    1999).

[^32]: *See* 47 C.F.R. § 1.2105.

[^33]: *See* 47 C.F.R. Ch. 1, Subpart I.

[^34]: *See* 47 C.F.R. §§ 1.1305-1.1319.

[^35]: Section 1.2105, in turn, requires the disclosure on the
    short-form of applicant ownership information as set forth in
    Section1.2112.

[^36]: *See* Section 1.B.2, above.

[^37]: *See* 47 C.F.R. § 1.2105(c)(4)(i)&(ii).

[^38]: *See 800 MHz Second Report and Order* at ¶ 142. *See also* 47
    C.F.R. §§ 90.910 & 90.912.

[^39]: 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., 10 FCC Rcd. 12554, 12555-56 (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, 12 FCC 2d. 559 (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).

[^40]: *See* 47 C.F.R. §§ 90.913 and 1.2105.

[^41]: *See* 47 C.F.R. § 90.910(a).

[^42]: *See* *Id.*

[^43]: *See Id.*

[^44]: *See* 47 C.F.R. § 90.910(b).

[^45]: All short-form applications must be filed electronically. *See*
    47 C.F.R. § 1.2105(a).

[^46]: *See* 47 C.F.R. § 1.2105. *See also* Two Way Radio of Carolina,
    Inc., *Memorandum, Opinion and Order*, FCC 99-189, 14 FCC Rcd. 12035
    (rel. July 22, 1999).

[^47]: 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).

[^48]: *See Auction No. 36 Comment Public Notice* at 3-4.

[^49]: SBT Reply Comments at 4 (referring to argument raised in SBT
    Comments submitted in response to the *Auction No. 34 Comment Public
    Notice*, DA 00-667).

[^50]: 50 Nextel Reply Comments at 8-9.

[^51]: *Auction No. 36 Comment Public Notice* at 3.

[^52]: *Id*. at 4.

[^53]: *Id*. at 6.

[^54]: *Id*. at 5.

[^55]: *Id at 4*.

[^56]: *Id.* at 11.

[^57]: *Id.*

[^58]: *Id at 6*.

[^59]: *See*, *e.g.*, "Closed Broadcast Auction": 224 Qualified Bidders,
    *Public Notice*, DA 99-1912 (rel. September 17, 1999).

[^60]: *See* Balanced Budget Act, Section 3002(a), 47 U.S.C. §
    309(j)(4)(F).

[^61]: *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. 374,
    455-456 ¶ 141 (1997) *("Part 1 Third Report and Order").*

[^62]: *Id*

[^63]: *Id*

[^64]: *Auction No. 36 Comment Public Notice* at 7.

[^65]: *Id*. at 8.

[^66]: Section 309(j)(4)(F) of the Communications 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."

[^67]: SBT Comments at 3-6.

[^68]: Nextel Reply Comments at 8-9.

[^69]: *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).

[^70]: *Auction No. 36 Comment Public Notice* at 8.

[^71]: *Id*.

[^72]: *Auction No. 36 Comment Public Notice* at 10.

[^73]: *See* 47 C.F.R. §§ 1.2104(g) and 1.2109.

[^74]: *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).