# Before the

# Federal Communications Commission

# Washington, D.C. 20554

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| In the Matter of )               | * | WT Docket No. 99-168         |
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| Service Rules for the 746-764    | * |                              |
| and ) WT Docket No. 99-168       |   |                              |
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| 776-794 MHz Bands, and )         | * |                              |
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| Revisions to Part 27 of the )    | * |                              |
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ERRATUM

**Adopted: March 16, 2001 Released: March 27, 2001**

By the Commission: Commissioner Tristani dissenting and issuing a
separate statement.

This Erratum makes a minor correction to the text and final rules of the
*Second Memorandum Opinion and Order*, FCC 00-330, in the
above-captioned proceeding, which was released on September 14,
2000.[^1] Specifically, we clarify the method we will use to calculate
the additional 25 percent payment for which bidders in Auction No. 31
are liable if they default on their bids. A summary of the *700 MHz
Second Memorandum Opinion and Order*, including the final rules, was
published in the Federal Register, 66 Fed. Reg. 10374 (February 15,
2001). The *700 MHz Second Memorandum Opinion and Order* was published
in the FCC Record at 15 FCC Rcd 21070. Accordingly, the corrections set
forth herein will be published in the Federal Register, and this Erratum
will be published in the FCC Record.

1\. Paragraph 17 of the *700 MHz Second Memorandum Opinion and Order* is
revised to add a sentence at the end of the paragraph that reads as
follows:

> In determining whether the defaulted bid(s) or the subsequent winning
> bid(s) is the lesser amount, we will compare the defaulted and
> subsequent bid(s) according to the same rules we set forth in
> paragraph 15 for calculation of the deficiency portion of the default
> payment.

2\. Section 27.501 of the Commission's rules is revised by adding a
sentence between the fourth and fifth sentences of the note to Section
27.501 that reads as follows:

> In calculating the additional payment portion of the default payment,
> to determine whether the defaulted bid(s) or the subsequent winning
> bid(s) is the lesser amount, the defaulted and subsequent bid(s) will
> be compared according to the rules set forth in paragraphs (1) through
> (4) herein for calculation of the deficiency portion of the default
> payment.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**DISSENTING STATEMENT OF**

**COMMISSIONER GLORIA TRISTANI**

*Re: In the Matter of Service rules for the 746-764 and 776-794 MHz
Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket no.
99-168, Erratum (March 16, 2001)*

I respectfully dissent. While I believe the Commission should clarify
its rules to the extent possible, I do not support the underlying policy
decision for the reasons stated in my original dissent.[^2]

[^1]: In the Matter of Service Rules for the 746-764 and 776-794 MHz
    Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket
    No. 99-168, *Second Memorandum Opinion and Order*, FCC 00-330 (rel.
    September 14, 2000) ("*700 MHz Second Memorandum Opinion and
    Order*").

[^2]: *See* Separate Statement of Commissioner Gloria Tristani, In the
    Matter of Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules, WT Docket No.
    99-168, *Second Memorandum and Opinion and Order*, FCC 00-330 (rel.
    Sept. 14, 2000).