**DA 08-2325**

**October 24, 2008**

**Auction of LPTV and TV Translator Digital Companion Channels**

**27 Bidders Qualified to Participate in Auction 85**

**AU Docket No. 08-22**

Report No. AUC-08-85-H (Auction 85)

1.  In this Public Notice*,* the Wireless Telecommunications and Media
    Bureaus identify 27 applicants found to be qualified to bid in the
    upcoming auction of construction permits for Low Power Television
    (LPTV), including Class A Television (TV), and TV Translator digital
    companion channels (Auction 85). Bidding in Auction 85 is scheduled
    to begin on Wednesday, November 5, 2008.[^1] This Public Notice
    contains bidding instructions, auction procedures, and other
    important information regarding Auction 85. It also addresses the
    continuing obligations for all Auction 85 applicants, including
    those that have not qualified to participate.[^2]

# Qualified and Non-Qualified Bidders

## Qualified Bidders

2.  Attachment A to this Public Notice lists the name of each of the 27
    qualified bidders, each bidder's upfront payment amount, and its
    maximum eligibility in bidding units. Designation of an applicant as
    qualified to bid in the auction indicates that the applicant has
    provided the certifications and information concerning its
    qualifications for participation in the auction and timely submitted
    a sufficient upfront payment as required by the Commission's
    competitive bidding rules.[^3]

3.  In order to participate effectively in the auction, qualified
    bidders should again familiarize themselves with the auction rules,
    procedures, and other information described in the *Auction 85
    Procedures Public Notice* and subsequent public notices.[^4] These
    public notices and other documents related to Auction 85 are
    available on the Commission's auctions website at
    http://wireless.fcc.gov/auctions/. This Public Notice provides
    additional guidance.

4.  Attachment B to this Public Notice lists each qualified bidder and
    indicates the mutually-exclusive ("MX") groups for each qualified
    bidder. The new entrant bidding credit for qualified bidders for
    each MX group is indicated as 35 percent or 25 percent.

## Non-Qualified Bidders

5.  Attachment C to this Public Notice lists each applicant that
    submitted a short-form application, but did not qualify to bid in
    this auction. These applicants remain subject to the Commission's
    rules prohibiting collusion in Commission auctions.[^5]

# AUCTION INVENTORY

6.  Several applicants did not become qualified bidders. There are 35 MX
    groups for which at least one applicant became a qualified bidder.
    In 21 MX groups, there is only one qualified bidder. In those MX
    groups a permit will be awarded only if the qualified bidder has
    sufficient bidding eligibility and places a bid for the permit being
    offered.[^6] In eight MX groups, no applicant became a qualified
    bidder. No permits will be assigned based on the results of this
    auction for those eight MX groups. Attachment D to this Public
    Notice cross-references the MX groups in the auction inventory with
    the identities of the applicants for each and such applicants'
    status.[^7] The status of each applicant within each MX group is
    also indicated in Attachment D.

# registration and bidding access

## Registration Materials

7.  Qualified bidders have been automatically registered for the
    auction. Registration materials will be sent to the bidder's contact
    person at the contact address identified in the bidder's short-form
    application. Upon receipt, each bidder should be in possession of
    the following:

-   At least two RSA SecurID^®^ tokens

-   Integrated Spectrum Auction System (ISAS) Bidder's Guide

-   FCC Auction Bidder Line telephone number

8.  Qualified bidders are solely responsible for ensuring the security
    of their computer systems and their registration materials and for
    ensuring that only authorized bidders place bids on their behalf.
    The Commission assumes no responsibility or liability for these
    matters.

> WARNING: Any unauthorized entity accessing or tampering with an FCC or
> other government computer system will be prosecuted to the full extent
> of the law.

9.  Any qualified bidder listed in Attachment A of this Public Notice
    that has not received the registration mailing **by 12:00 noon
    Eastern Time (ET) on Thursday, October 30, 2008**, must contact the
    Auctions Hotline directly at (717) 338-2868. Qualified bidders must
    have these registration materials to submit bids. Receipt of the
    registration mailing is critical to participating in both the mock
    auction and the actual auction, and it is the responsibility of each
    qualified bidder to ensure that all registration information has
    been received.

## Registration Material Replacement

10. In the event that a bidder's SecurID^®^ tokens are lost or damaged,
    only a person who has been designated as an authorized bidder, the
    contact person, or the certifying official on the applicant's
    short-form application may request replacement registration
    material. Qualified bidders requiring replacement of these items
    must call Technical Support at (877) 480-3201, option nine; (202)
    414-1250; or (202) 414-1255 (TTY).

## Bidding Access

11. The Commission will conduct Auction 85 over the Internet. Qualified
    bidders can access the Integrated Spectrum Auction System ("ISAS" or
    "FCC Auction System") at http://auctions.fcc.gov or
    http://auctions2.fcc.gov. Bidders choosing to bid electronically
    should review the Integrated Spectrum Auction System (ISAS) Bidder's
    Guide provided in the registration materials. Bidders are reminded
    that Apple^®^ Mac OS^®^ is not currently supported.

12. In addition to bidding electronically over the Internet, qualified
    bidders will also have the option of bidding by telephone via the
    Auction Bidder Line. The Auction Bidder Line telephone number will
    be supplied in the registration materials sent to all qualified
    bidders. Bidders choosing to bid electronically may use the Auction
    Bidder Line as an alternate method of bidding. When submitting bids
    by telephone, bidders should allow sufficient time to bid by placing
    their calls well in advance of the close of a bidding round.[^8]

13. Each authorized bidder must have his or her own SecurID^®^ token,
    regardless of whether the bidder chooses to bid electronically or by
    telephone. Applicants with only one authorized bidder will be issued
    two SecurID^®^ tokens, while applicants with two or three authorized
    bidders will be issued three tokens. For security purposes, the
    SecurID^®^ tokens and the instructions for using them are mailed
    only to the contact person at the contact address listed on the
    applicant's short-form application. Please note that each SecurID^®^
    token is tailored to a specific auction. SecurID^®^ tokens issued
    for other auctions or obtained from a source other than the FCC will
    not work for Auction 85.

14. Please note that the SecurID^®^ tokens can be recycled, and we
    strongly encourage bidders to return the tokens to the FCC. We will
    provide pre-addressed envelopes that bidders may use to return the
    tokens once the auction is closed.

## Bidding Contingency Plan

15. Bidders should develop comprehensive contingency plans that can be
    quickly implemented if bidders experience difficulty participating
    in the auction. While the FCC will correct any problems within
    Commission‑controlled facilities, bidders are solely responsible for
    anticipating and overcoming problems such as bidder computer
    failures or other technical issues, loss of or problems with data
    connections, telephone service interruptions, adverse local weather
    conditions, unavailability of authorized bidders, or the loss or
    breach of confidential security codes. As referenced above, bidders
    will receive the Auction Bidder Line telephone number in their
    registration materials.

# MOCK AUCTION

16. The Bureaus strongly encourage all qualified bidders to participate
    in the mock auction that will be conducted Monday, November 3, 2008.
    The mock auction will allow qualified bidders to familiarize
    themselves with the FCC Auction System and to ask FCC auction staff
    and technical support staff questions about the system and about
    auction conduct. The Bureaus will conduct this auction over the
    Internet, and bidders will also have the option of bidding by
    telephone.

17. Qualified bidders can access the mock auction at
    http://auctions.fcc.gov or http://auctions2.fcc.gov. Bidders
    choosing to bid electronically should review the Integrated Spectrum
    Auction System (ISAS) Bidder's Guide provided in the registration
    materials. Qualified bidders that wish to place bids by telephone
    should use the Auction Bidder Line telephone number supplied in the
    Auction 85 registration materials.

18. The mock auction will include six sample construction permits.
    Bidders that are qualified to bid on one construction permit in
    Auction 85 will be able to bid on one of the sample construction
    permits in the mock auction. Bidders that are qualified to bid on
    two or more construction permits in Auction 85 will be able to bid
    on two of the sample construction permits in the mock auction. Each
    sample construction permit in the mock auction will have 500 bidding
    units, and each bidder in the mock auction will have 500 or 1,000
    bidding units of eligibility, based on whether they can bid on one
    or two of the sample construction permits. The mock auction will
    otherwise follow the rules governing Auction 85.

19. The mock auction, identified as Mock Auction 74, will simulate the
    auction, and each bidder will be required to be active on 100
    percent of its current bidding eligibility. If a bidder does not
    meet this requirement, an activity rule waiver will be automatically
    applied (if the bidder has any waivers available) or the bidder's
    current eligibility will be permanently reduced (if the bidder has
    no waivers remaining), possibly curtailing or eliminating the
    bidder's ability to place additional bids in the auction. Bidders
    should take advantage of the mock auction to practice taking actions
    they might wish to take during Auction 85. In particular, bidders
    that are qualified to bid on two or more construction permits in
    Auction 85 and are able to bid on two of the sample construction
    permits in the mock auction may wish to take advantage of the mock
    auction to practice reducing eligibility.

20. The mock auction bidding schedule for Monday, November 3, 2008, will
    be as follows:

Round 1 10:00 a.m. - 11:00 a.m. ET

Round 2 12:00 p.m. - 12:30 p.m. ET

Round 3 2:00 p.m. - 2:30 p.m. ET

Round 4 3:00 p.m. - 3:15 p.m. ET

# Auction information

## Auction Announcements

21. The Commission will post pertinent auction information as
    announcements in the FCC Auction System. Bidders should routinely
    check for announcements each time they enter the FCC Auction System
    and should read this information carefully.

## Bidding Schedule

22. On Wednesday, November 5, 2008, Auction 85 will begin with four
    rounds of bidding as follows:

Bidding Round 10:00 a.m. - 10:45 a.m. ET

Bidding Round 12:00 p.m. - 12:45 p.m. ET

Bidding Round 2:00 p.m. - 2:45 p.m. ET

Bidding Round 4:00 p.m. - 4:45 p.m. ET

The bidding schedule for Thursday, November 6, 2008, and continuing
until further notice, will be as follows:

Bidding Round 10:00 a.m. - 10:30 a.m. ET

Bidding Round 11:15 a.m. - 11:45 a.m. ET

Bidding Round 12:30 p.m. - 1:00 p.m. ET

Bidding Round 2:00 p.m. - 2:30 p.m. ET

Bidding Round 3:15 p.m. - 3:45 p.m. ET

Bidding Round 4:30 p.m. - 5:00 p.m. ET

23. The Bureaus will set the pace of the auction based upon monitoring
    of the bidding and assessment of the auction's progress. All
    subsequent schedule changes will be made by announcement via the FCC
    Auction System during the course of the auction.

## Bid Amounts

24. Each construction permit in Auction 85 will have a minimum opening
    bid amount, as previously announced.[^9] In addition to the minimum
    opening bid, Auction 85 will begin with eight additional bid amounts
    (for a total of nine bid amounts) per construction permit.[^10]
    Bidders are cautioned that they should enter their bid amounts
    carefully because bidders still assume a binding obligation to pay
    the full bid amount, even if mistakenly or erroneously made.[^11]
    Moreover, bid withdrawals are not permitted in Auction 85.

25. The Bureaus retain the discretion to change the minimum acceptable
    bid amounts, the additional bid amounts, the dollar cap on bid
    increments, the number of acceptable bid amounts, and the parameters
    of the formulas used to calculate bid amounts if it determines that
    circumstances so dictate.

## Round Results

26. Round results will be available approximately ten minutes after the
    close of each round.

27. Two types of reports will be available to bidders during the
    auction: (1) publicly available information, and (2) bidder-specific
    information available only to that bidder when logged in to the FCC
    Auction System. The public information will be available on the FCC
    Auction System results page and in downloadable files. When a bidder
    is logged in to the FCC Auction system, it will have a selection of
    "My Bid Reports" available to it on the FCC Auction System's bidding
    page. The "My Bid Reports" allow each bidder to view all of its own
    actions in the current and previous rounds of the auction.

28. Detailed instructions for reviewing and downloading round results
    are provided in the Integrated Spectrum Auction System (ISAS)
    Bidder's Guide. The bidder's guide is included with qualified
    bidders' registration materials and is available in electronic form
    through the "HELP" link in the FCC Auction System.

## Watchlists

29. The FCC Auction System sets up for each qualified bidder a default
    watchlist, called "All Licenses," which contains every construction
    permit designated on the bidder's short-form application. Qualified
    bidders may create additional watchlists containing construction
    permits of their own choosing, and construction permits may appear
    in multiple watchlists. Bidders may access the FCC Auction System
    and begin creating their watchlists upon receipt of their SecurID^®^
    tokens. Instructions for creating watchlists will be provided in the
    Integrated Spectrum Auction System (ISAS) Bidder's Guide. Please
    note that watchlists created in the mock auction will not display in
    Auction 85.

## Bidder Questions

30. FCC auction staff and technical support staff will be available
    during the auction. Only a person who has been designated as an
    authorized bidder, the contact person, or the certifying official on
    the applicant's short-form application should call on behalf of a
    bidder. When calling, the person should state that he or she is
    calling on behalf of a bidder with a time-sensitive auction
    question. To place bids by telephone or to ask questions during the
    auction, bidders should use the FCC Auction Bidder Line telephone
    number supplied in the registration materials. Otherwise, bidders
    should refer to the contact information provided in Section VII
    "Contact Information" below.

## Bidder Suggestions

31. The FCC Auction System includes a function for bidders to submit
    suggestions to the FCC, but this is not an appropriate mechanism for
    asking time-sensitive questions that may need an immediate response,
    such as questions about auction procedures or other issues. Those
    questions should be directed to the Auction Bidder Line or to the
    appropriate telephone number provided in Section VIII "Contact
    Information" below.

# MAINTAINING APPLICANT OBLIGATIONS

## Prohibition of Collusion

32. The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d)
    of the Commission's rules prohibit applicants from communicating
    with each other about bids, bidding strategies, or settlements,
    which may include communications regarding post-auction market
    structure, unless they have identified each other on their
    short-form applications as parties with which they have entered into
    agreements under Section 1.2105(a)(2)(viii).[^12] The anti-collusion
    rule applies to applicants in this auction with engineering
    proposals within the same mutually-exclusive (MX) group. An
    applicant is prohibited from communicating not only about its own
    bid or bidding strategy, but also from communicating about another
    applicant's bid or bidding strategy. Moreover, if two applicants are
    mutually-exclusive in an MX group, these two applicants must not
    communicate about a bid, bidding strategy, or settlement for any MX
    group.[^13]

33. The collusion prohibition is effective as of the short-form
    application filing deadline, which for Auction 85 was June 30, 2006
    at 6:00 p.m. ET, and extends until the post-auction down payment
    deadline, which will be announced in a public notice released
    shortly following close of bidding.[^14] **The prohibition applies
    to all applicants regardless of whether such applicants become
    qualified bidders or actually bid.**[^15] For further information on
    the collusion prohibition, applicants should refer to the *Auction
    85 Procedures Public Notice*.[^16]

## Disclosure Obligations and Possible Sanctions

34. Section 1.65 requires auction applicants that engage in
    communications of bids or bidding strategies that may themselves be
    prohibited, and that result in an agreement, arrangement, or
    understanding not already identified on their short-form
    applications, to promptly disclose any such agreement, arrangement,
    or understanding to the Commission by amending their pending
    applications.[^17] In addition, Section 1.2105(c)(6) requires all
    auction applicants to report prohibited discussions or disclosures
    regarding bids or bidding strategy to the Commission in writing
    immediately, but in no case later than five business days after the
    communication occurs, even if the communication does not result in
    an agreement or understanding regarding bids or bidding strategy
    that must be reported under Section 1.65.[^18] The Commission has
    clarified that each applicant's obligation to report any such
    communication continues beyond the five-day period after the
    communication is made, even if the report is not made within the
    five-day period.[^19]

35. Parties reporting communications must take care to ensure that any
    such reports of prohibited communications do not themselves give
    rise to a violation of the anti-collusion rule. For example, a
    party's report of a prohibited communication could violate the rule
    by communicating prohibited information to other applicants through
    the use of Commission filing procedures that would allow such
    materials to be made available for public inspection. A party
    seeking to report such prohibited communications should consider
    submitting its report with a request that the report or portions of
    the submission be withheld from public inspection.[^20] Such parties
    are also encouraged to consult with the Auctions and Spectrum Access
    Division staff if they have any questions about the procedures for
    submitting such reports.[^21] The *Auction 85 Procedures Public
    Notice* provides additional guidance on procedures for submitting
    application-related information.[^22]

36. Applicants that are winning bidders will be required to disclose in
    their long-form applications the specific terms, conditions, and
    parties involved in all bidding consortia, joint ventures,
    partnerships, or other agreements or arrangements entered into
    relating to the competitive bidding process.[^23] Any applicant
    found to have violated the anti-collusion rule may be subject to
    sanctions.[^24] In addition, we remind applicants that they are
    subject to the antitrust laws, which are designed to prevent
    anti-competitive behavior in the marketplace. If an applicant is
    found to have violated the antitrust laws in connection with its
    participation in the competitive bidding process, it may be subject
    to forfeiture of its upfront payment, down payment, or full bid
    amount, and may be prohibited from participating in future
    auctions.[^25]

## Submission of Auction-Related Filings

37. As noted above, applicants seeking to amend their short-form
    applications during the auction must make modifications to their
    short-form applications electronically and submit a letter, briefly
    summarizing the changes, by e-mail to the attention of Margaret
    Wiener, Chief, Auctions and Spectrum Access Division, at the
    following address: auction85@fcc.gov. The e-mail summarizing the
    changes must include a subject or caption referring to Auction 85
    and the name of the applicant.

38. Parties wishing to submit requests, complaints, or other information
    concerning Auction 85 should, in addition to following other
    procedures prescribed by the Commission's rules, send a copy by
    e‑mail to the attention of Margaret Wiener, Chief, Auctions and
    Spectrum Access Division, at the following address:
    auction85@fcc.gov. As noted in paragraph 35 (above), the submission
    of Auction 85-related information could contain information which,
    if made public, could give rise to a violation of the Commission's
    anti-collusion rule. We caution applicants to avoid any statements
    or disclosures that may violate the anti-collusion rule and urge
    applicants to consult with the Auctions and Spectrum Access Division
    staff if they have any questions about the procedures for any such
    submissions.[^26]

39. The Commission occasionally receives complaints regarding certain
    bidders and requests to suspend bidding during an auction. While the
    Commission reserves the right to take appropriate action during an
    auction to preserve the integrity of the auction process, it is
    generally our practice to address any such allegations only after
    the winning bidders have submitted their long-form applications,
    when there is greater opportunity for investigation of such
    allegations, if warranted. The Commission will not investigate any
    complaints or allegations that are not accompanied by full contact
    information, including name, address, and telephone number, for the
    complaining party or parties.

40. Finally, parties wishing to make suggestions concerning Auction 85
    or future auctions should present such ideas using the suggestion
    feature of the FCC Auction System. (As mentioned above, this feature
    is not an appropriate mechanism for asking time-sensitive questions
    that need an immediate response.) Commission staff considers all
    suggestions, but may not always provide an individualized response.

## Amendments to Short-Form Applications (FCC Form 175)

41. Applicants must maintain the accuracy and completeness of
    information furnished in their short-form applications, including
    their attachments.[^27] Applicants should amend their short-form
    applications as promptly as possible, but no later than ten business
    days from the occurrence of a reportable change. Applicants must
    modify their short-form application electronically and submit a
    letter briefly summarizing the changes by e-mail to the attention of
    Margaret Wiener, Chief, Auctions and Spectrum Access Division, at
    the following address: auction85@fcc.gov. Questions about changes
    should be directed to the Auctions and Spectrum Access Division
    at (202) 418-0660.

42. As described in the Commission's rules, applicants may make only
    minor corrections to their short-form applications (e.g., deletion
    and addition of authorized bidders or contact information).[^28]
    Major modifications (e.g*.*, construction permit selection changes,
    new entrant bidding credit, or changing control of the applicant)
    will not be accepted.[^29] Bidders must immediately report any
    change affecting their eligibility for a new entrant bidding credit.
    Bidders should clearly state the nature of the change in an
    amendment to their short-form application and in the summary letter
    referenced above. In cases of diminished bidding credit eligibility,
    the Commission will make appropriate adjustments in the bidding
    credit prior to the computation of any down and final payment
    amounts due.

## Due Diligence

43. We remind potential bidders that they are solely responsible for
    investigating and evaluating all technical and marketplace factors
    that may have a bearing on the value of the broadcast facilities
    being offered in Auction 85. The Commission makes no representations
    or warranties about the use of this spectrum for particular
    services. The inclusion of an engineering proposal in the Auction 85
    inventory does not mean that the proposal can be implemented. The
    Commission has reviewed engineering proposals only for the limited
    purpose of determining mutual exclusivity and has not made any
    determinations as to their grantability. We strongly encourage
    potential bidders to conduct their own research prior to the
    beginning of bidding in Auction 85 in order to determine the
    existence of pending proceedings, pleadings, applications, or
    authorizations that might affect their decisions regarding
    participation in the auction. Applicants are also reminded to review
    the due diligence section of the *Auction 85 Procedures Public
    Notice* for additional information on matters that could impact the
    permits being offered in Auction 85.[^30] Participants should
    continue research on any pending matters throughout the auction. In
    addition, potential bidders should perform technical analyses
    sufficient to assure themselves that, should they prevail in
    competitive bidding for a specific construction permit, they will be
    able to build and operate facilities that will comply fully with the
    Commission\'s technical and legal requirements.

# post-auction information

## Post-Auction Procedures

44. Shortly after bidding has ended, the Commission will issue a public
    notice declaring the auction closed, identifying the winning
    bidders, and establishing the deadlines for submitting down payments
    and final payments.[^31] Each winning bidder will have ten business
    days following that public notice to make down payments. Each
    winning bidder will also be required to submit any final payments
    within ten business days after the applicable deadline for
    submitting down payments.

45. Within thirty calender days after release of the auction closing
    public notice, winning bidders must electronically submit a properly
    completed long-form application (FCC Form 301-CA or FCC Form 346 ,
    as appropriate), including required exhibits, for each construction
    permit won through Auction No. 85.[^32] Winning bidders claiming new
    entrant status must include an exhibit demonstrating their
    eligibility for the bidding credit.[^33] Further filing instructions
    will be provided to auction winners at the close of the
    auction.[^34] Further instructions regarding these post-auction
    procedures are contained in the *Auction 85 Procedures Public
    Notice* and will be provided in the public notice announcing the
    winning bids.[^35]

# CONTACT INFORMATION

46. For further information concerning Auction 85, please contact:

+-----------------------------------+----------------------------------+
| **General Auction 85              | **FCC Auctions Hotline**         |
| Information**                     |                                  |
|                                   | \(888\) 225-5322, option two; or |
| > General Auction Questions       |                                  |
| >                                 | \(717\) 338-2868                 |
| > Auction Process and Procedures  |                                  |
|                                   | Hours of service: 8:00 a.m. --   |
|                                   | 5:30 p.m. ET,                    |
|                                   |                                  |
|                                   | Monday through Friday            |
|                                   |                                  |
|                                   | All calls to the FCC Auctions    |
|                                   | Hotline are recorded.            |
|                                   |                                  |
|                                   | **Auctions and Spectrum Access   |
|                                   | Division**                       |
|                                   |                                  |
|                                   | **(717) 338-2868 or (202)        |
|                                   | 418-0660**                       |
|                                   |                                  |
|                                   | Roy Knowles or Linda Sanderson   |
+-----------------------------------+----------------------------------+
| **FCC Auction System              | **FCC Technical Support          |
| Information**                     | Hotline**                        |
|                                   |                                  |
|                                   | \(877\) 480-3201, option nine;   |
|                                   | or                               |
|                                   |                                  |
|                                   | \(202\) 414‑1250 or (202)        |
|                                   | 414-1255 (TTY)                   |
|                                   |                                  |
|                                   | Hours of service: 8:00 a.m. --   |
|                                   | 6:00 p.m. ET,                    |
|                                   |                                  |
|                                   | Monday through Friday            |
|                                   |                                  |
|                                   | All calls to the FCC Technical   |
|                                   | Support Hotline are recorded.    |
+-----------------------------------+----------------------------------+
| **Auction 85 Legal Information**  | **Auctions and Spectrum Access   |
|                                   | Division**                       |
| > Auction Rules, Policies,        |                                  |
| > Regulations                     | **(202) 418-0660**               |
|                                   |                                  |
|                                   | Lynne Milne or Howard Davenport  |
+-----------------------------------+----------------------------------+
| **Auction Payments**              | **Auctions Accounting Group**    |
|                                   |                                  |
| > Instructions for Wiring Upfront | **(202) 418-0578**               |
| > Payments                        |                                  |
|                                   | Gail Glasser                     |
+-----------------------------------+----------------------------------+
| **Licensing Information**         | **Video Division (202)           |
|                                   | 418-1600**                       |
| > Service Rules, Policies,        |                                  |
| > Regulations                     | Shaun Maher or Hossein           |
| >                                 | Hashemzadeh                      |
| > Licensing Issues, Engineering   |                                  |
| > Issues                          |                                  |
| >                                 |                                  |
| > Due Diligence, Incumbency       |                                  |
| > Issues                          |                                  |
+-----------------------------------+----------------------------------+

47. To request materials in accessible formats (Braille, large print,
    electronic files, audio format) for people with disabilities, send
    an e-mail to fcc504@fcc.gov or call the Consumer and Governmental
    Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY).

**[- FCC
-]{.smallcaps}**![](media/image1.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^1]: *See* "Auction of LPTV and TV Translator Digital Companion
    Channels Scheduled for November 5, 2008; Notice and Filing
    Requirements, Minimum Opening Bids, Upfront Payments, and Other
    Procedures for Auction 85," *Public Notice*, DA 08-1944, 23 FCC Rcd
    14,530 (WTB/MB 2008) ("*Auction 85 Procedures Public Notice*").

[^2]: After the initial application filing deadline on June 30, 2006,
    three applicants reported name changes: WDLP Licensing, Inc.,
    changed its name to WSBS Licensing, Inc.; Gary M. Cocola Family
    Trust, Gary M. Cocola, Trustee became Cocola Broadcasting Companies,
    LLC; and Broadcasting Systems, Inc., is now Latin America
    Broadcasting of Texas, Inc. The current name for each applicant is
    reported in the applicant's short-form application and in
    attachments to this Public Notice.

[^3]: Under the Commission's two-phased auction application process, a
    winning bidder must submit a long-form application after the close
    of Auction 85 to demonstrate its qualifications to hold a Commission
    license and, if a bidding credit is requested, its eligibility for
    the requested bidding credit. Thus, a determination that a
    short-form application is complete and complies with the
    Commission's competitive bidding rules and policies is not
    determinative of an applicant's qualifications to hold a license or
    entitlement to a bidding credit. *See* 47 C.F.R. §§ 1.2107 --
    1.2109; *see also* Amendment of Part 1 of the Commission's Rules --
    Competitive Bidding Procedures, PP Docket No. 93-253, *Second Report
    and Order*, 9 FCC Rcd 2348, 2376-77 ¶¶ 163-168 (1994)("*Competitive
    Bidding* *Second Report and Order*"). Requests concerning applicant
    qualifications and eligibility for a bidding credit are generally
    considered after the auction during the long-form application
    process. In the event that an applicant is found unqualified to be a
    Commission licensee or ineligible for any claimed bidding credits,
    it will be liable for any obligations incurred as a result of its
    participation in the auction. *See generally* 47 C.F.R. § 1.2109.

[^4]: *Auction 85 Procedures Public Notice*, 23 FCC Rcd at 14,530; *see
    also* "Auction of LPTV and TV Translator Digital Companion Channels;
    Status of Short-Form Applications to Participate in Auction 85;
    Removal of MX Group from Auction Inventory," *Public Notice*, DA
    08-2150 (rel. September 30, 2008).

[^5]: *See* 47 C.F.R. § 1.2105(c); *see also Auction 85 Procedures
    Public Notice*, 23 FCC Rcd at 14,534-38 ¶¶ 8-18.

[^6]: *See Auction 85 Procedures Public Notice*, 23 FCC Rcd at 14,533 n.
    7.

[^7]: Some applicants may not have purchased sufficient bidding
    eligibility to bid on all of the permits for which they have
    applied. Under the simultaneous multiple round auction format being
    used in Auction 85, in order to bid on a particular construction
    permit, a qualified bidder must have a current eligibility level
    that meets or exceeds the number of bidding units assigned to one or
    more of the construction permits listed for which it has submitted
    an engineering proposal. *See Auction 85 Procedures Public Notice*,
    23 FCC Rcd at 14,545, 14,548-49 ¶¶ 55, 70-80.

[^8]: Because the length of a call to place bids may vary, bidders
    should allow a minimum of ten minutes.

[^9]: *Auction 85 Procedures Public Notice,* 23 FCC Rcd at 14,551 ¶¶
    89-90. Attachment A of the *Auction 85 Procedures Public Notice*
    sets forth the minimum opening bid amounts for each construction
    permit offered in Auction 85.

[^10]: *Auction 85 Procedures Public Notice*, 23 FCC Rcd at 14,551-52 ¶¶
    91-96.

[^11]: *See* 47 C.F.R. § 1.2104(g).

[^12]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(d).
    *See also* Amendment of Part 1 of the Commission's Rules --
    Competitive Bidding Procedures, WT Docket No. 97-82, *Seventh Report
    and Order*, 16 FCC Rcd 17,546 (2001) ("*Part 1 Seventh Report and
    Order*"); Amendment of Part 1 of the Commission's Rules --
    Competitive Bidding Procedures, WT Docket No. 97-82, *Order on
    Reconsideration of the Third Report and Order*, *Fifth Report and
    Order*, *and Fourth Further Notice of Proposed Rule Making*, 15 FCC
    Rcd 15,293, 15,297-98 ¶¶ 7-8 (2000).

[^13]: For a more detailed discussion of anti-collusion considerations
    in the context of Auction 85, *see* *Auction 85 Procedures Public
    Notice*, 23 FCC Rcd at 14,534-38 ¶¶ 8-18. *See also* "Wireless
    Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion
    Rules," *Public Notice*, 11 FCC Rcd 9645 (1995) (*"Anti-Collusion
    Public Notice"*).

[^14]: 47 C.F.R. § 1.2105(c)(1).

[^15]: For example, the Commission imposed a forfeiture in the amount of
    \$100,000 for violation of the anti-collusion rule, even though the
    applicant never made an upfront payment for the auction and was not
    listed as a qualified bidder. *See* Northeast Communications of
    Wisconsin, LLC, *Forfeiture Order*, 19 FCC Rcd 18,635 (2004). The
    Commission subsequently reduced the amount of the forfeiture to
    \$75,000 due to the parties' history of compliance with Commission
    rules. *See* Star Wireless, LLC and Northeast Communications of
    Wisconsin, Inc., *Order on Review*, 22 FCC Rcd 8943 (2007), review
    denied, *Star Wireless, LLC v. FCC*, 522 F.3d 469 (D.C. Cir. 2008)
    (anti-collusion rule applies to auction applicants regardless of
    whether they are qualified to bid). The United States District Court
    for the Eastern District of Wisconsin recently granted summary
    judgment in favor of the United States pursuant to an effort by the
    Department of Justice to enforce the forfeiture. *United States v.
    Northeast Communications of Wisconsin, LLC*, Decision and Order,
    Case No. 07-C-715 (June 25, 2008). *See also* Letter to Robert
    Pettit, Esq., from Margaret W. Wiener, Chief, Auctions and Industry
    Analysis Div., 16 FCC Rcd 10,080 (Auc. Div. 2000) (declining to
    exempt an applicant's controlling interest from coverage by the
    anti-collusion rule, even though the applicant never made an upfront
    payment for the auction and was not listed as a qualified bidder).

[^16]: *Auction 85 Procedures Public Notice*, 23 FCC Rcd at 14,534-38 ¶¶
    8-18.

[^17]: *See Part 1* *Seventh Report and Order*, 16 FCC Rcd at 17,550-51
    ¶ 9. 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 substantive change that may be of decisional significance to
    that application. 47 C.F.R. § 1.65.

[^18]: 47 C.F.R. § 1.2105(c)(6); *see also Part 1* *Seventh Report and
    Order*, 16 FCC Rcd at 17,555 ¶ 17.

[^19]: *See* Service Rules for the 698-746, 747-762 and 777-792 MHz
    Bands, WT Docket No. 06-150, *Second Report* *and Order*, FCC
    07-132, 22 FCC Rcd 15,289, 15,403-04 ¶¶ 285-86 (2007), recon.
    pending.

[^20]: *See* 47 C.F.R. § 0.459 (procedures for requesting that materials
    or information submitted to the Commission be withheld from public
    inspection). If an applicant requests confidential treatment of a
    document, the cover page of the filing must prominently display that
    the applicant is seeking confidential treatment for that document.
    For example, a filing might include a cover page stamped with
    "Request for Confidential Treatment Attached" or "Not for Public
    Inspection." Any such request must cover all of the material to
    which the request applies. *See* 47 C.F.R. § 0.459(a).

[^21]: *See* "Contact Info" below.

[^22]: *See* *Auction 85 Procedures Public Notice*, 23 FCC Rcd at 14,542
    ¶¶ 38-40.

[^23]: *See* 47 C.F.R. § 1.2107(d).

[^24]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^25]: *See* 47 C.F.R. § 1.2109(d).

[^26]: *See* "Contact Info" below.

[^27]: *See* 47 C.F.R. § 1.65.

[^28]: *See* 47 C.F.R. § 1.2105(b).

[^29]: *Id*.

[^30]: *A**uction 85 Procedures Public Notice*, 23 FCC Rcd at 14,538-40
    ¶¶ 19-25.

[^31]: For more detail, see *Auction 85 Procedures Public Notice*, 23
    FCC Rcd at 14,554-55 ¶¶ 111-20.

[^32]: *See* 47 C.F.R. §§ 1.2107 and 73.5005. *See also* *Broadcast
    First Report and Order*, 13 FCC Rcd at 15984-85 ¶¶ 163-64.

[^33]: *See* 47 C.F.R. §§ 1.2112(b), 73.5005, 73.5007 and 73.5008.

[^34]: *See* 47 C.F.R. §§ 1.2107, 1.2109(a), 73.3572, 73.5003, 73.5005,
    and 73.5006(d).

[^35]: *See* 47 C.F.R. §§ 1.2107, 1.2109(a).