**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

**FEDERAL COMMUNICATIONS COMMISSION** News Media Information: (202)
418-0500

**445 12th STREET, S.W.** Fax-On-Demand: (202) 418-2830

# WASHINGTON, D.C. 20554 Internet: [http://www.fcc.gov](http://www.fcc.gov/)

# ftp.fcc.gov

#######  DA 03-1090

####### April 7, 2003

#### AUCTION OF LICENSES FOR

**LOWER AND UPPER PAGING BANDS**

###### Status of FCC Form 175 Applications to Participate in the Auction

**Report No. AUC-03-48-C (Auction No. 48)**

The Federal Communications Commission ("Commission") has received 114
FCC Form 175 applications to participate in Auction No. 48 scheduled to
begin on Tuesday, May 13, 2003, for 10,202 licenses in the Lower and
Upper Paging bands. The applications have been reviewed for completeness
and compliance with the Commission's rules, and have been classified
into the categories listed below.

**[Application Categories:]{.underline}**

**ACCEPTED FOR
FILING\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.... 52
Applications**

**INCOMPLETE\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
62 Applications**

**Accepted:** Applications accepted for filing are listed alphabetically
in Attachment A. **These applicants will become qualified bidders upon
receipt of the required upfront payment due by 6:00 p.m. ET on Monday,
April 14, 2003.**[^1] With respect to the FCC Form 175 applications,
these applicants need take no further action except as may be necessary
to maintain the accuracy of their applications.[^2] Attachment A also
includes FCC account numbers that were automatically created by the FCC
software system for each applicant and indicates the number of licenses
selected by each applicant on its FCC Form 175 filing. In previous
auctions, Attachment A has listed the licenses selected in each accepted
application. However, due to the large volume of licenses in Auction No.
48, lists of the licenses selected in each accepted application will be
provided in electronic format only, available with this public notice at
http://wireless.fcc.gov/auctions/48/.

**Incomplete:** Applications found to be incomplete are listed
alphabetically in Attachment B. Applicants whose FCC Form 175
applications have been deemed incomplete will receive overnight
correspondence indicating what information is required to make the
applications acceptable for filing. **These applicants may become
qualified bidders only if they: (1) make the required upfront payments
by 6:00 p.m. ET on Monday, April 14, 2003; and (2) resubmit their
applications by 6:00 p.m. ET on Tuesday, April 15, 2003, to correct the
deficiencies indicated.** Applicants also must maintain the accuracy of
their FCC Form 175 applications as required by the Commission's
rules.[^3] Applicants are advised that Attachment B includes FCC account
numbers that were automatically created by the FCC software system for
each applicant.

The filing window for resubmitting FCC Form 175 applications is now
open. Corrected applications must be filed no later than **6:00 p.m. ET
on Tuesday, April 15, 2003.** This will be the only opportunity to cure
FCC Form 175 defects; late resubmissions will not be accepted. In
addition, if an application remains incomplete or otherwise deficient
after the resubmission deadline has passed, the application will be
dismissed.

### UPFRONT PAYMENT DEADLINE

Upfront payments and accompanying FCC Remittance Advice (FCC Form 159)
for Auction No. 48 are due at Mellon Bank, Pittsburgh, Pennsylvania,
**no later than 6:00 p.m. ET on Monday, April 14, 2003.** **Payments
must be made by wire transfer and applicants must include their FCC
Registration Number (FRN).** No other payment method is acceptable for
this auction. Applicants are reminded to use their FRN and Taxpayer
Identification Number (TIN), [not]{.underline} their FCC Account Numbers
on the FCC Form 159. Applicants must fax a completed FCC Form 159
(Revised February 2000) to Mellon Bank at (412) 209-6045 at least one
hour before placing the order for the wire transfer (but on the same
business day).

**Applicants that have filed applications deemed to be incomplete, as
noted in this public notice, must submit timely and sufficient upfront
payments by the April 14, 2003 deadline for such payments, which is
prior to the April 15, 2003 deadline for the resubmitted applications.**
If no upfront payment is made or the application remains incomplete
following its resubmission, the application will be dismissed. If the
applicant has provided its FRN, TIN [and]{.underline} wire transfer
instructions, any upfront payment made prior to dismissal will be
refunded automatically.

**We remind applicants that to avoid untimely upfront payments they
should discuss arrangements (including bank closing schedules) with
their banker several days before making the wire transfer, and allow
sufficient time for the transfer to be initiated and completed before
the deadline.** Detailed information regarding upfront payments
including additional requirements for "former defaulters" can be found
in the *Auction No. 48 Procedures Public Notice* under Section II.E and
Section III.D.[^4]

**Note: Applicants are reminded to submit the same FRN with all future
payments.**

### OTHER IMPORTANT INFORMATION

**Qualified Bidders:** Approximately two weeks after the upfront payment
deadline, following Commission review of resubmitted FCC Form 175
applications, and correlation of payments and applications, a public
notice listing all applicants qualified to bid in the auction will be
released. The same public notice will also include instructions for
participating in the mock auction and a bidding schedule for the mock
auction and the first day of the auction.

**Due Diligence:** Potential bidders are reminded that there are a
number of incumbent paging licensees already licensed and operating in
the lower and upper paging bands on frequencies that will be subject to
the upcoming auction. These incumbents may also have pending
applications to make changes in authorized facilities. Geographic area
licensees must protect such incumbents from harmful interference.[^5]
These limitations may restrict the ability of such geographic licensees
to use certain portions of the electromagnetic spectrum or provide
service to certain regions in their geographic license areas.

To aid potential bidders, Attachment G to the *Auction No. 48 Procedures
Public Notice* lists paging matters pending before the Commission in the
bands being auctioned. The Commission makes no representations or
guarantees that the matters listed in Attachment G are the only pending
matters that could affect spectrum availability in these services.

Potential bidders also should be aware that certain applications
(including those for modification), petitions for rulemaking, requests
for special temporary authority ("STA"), waiver requests, petitions to
deny, petitions for reconsideration, and applications for review may be
pending before the Commission and relate to particular applicants or
incumbent licensees. In addition, certain judicial proceedings that may
relate to particular applicants or incumbent licensees, or the licenses
available in Auction No. 48 may be commenced, or may be pending, or may
be subject to further review. We note that resolution of these matters
could have an impact on the availability of spectrum in Auction No. 48.
Some of these matters (whether before the Commission or the Courts) may
not be resolved by the time of the auction. Potential bidders are
strongly encouraged to conduct their own research prior to Auction No.
48 in order to determine the existence of pending proceedings that might
affect their decisions regarding participation in the auction.
Participants in Auction No. 48 are strongly encouraged to continue such
research during the auction. In addition, potential bidders seeking
licenses for geographic areas adjacent to the Canadian and Mexican
border should be aware that the use of some or all of the channels they
acquire in the auction could be restricted as a result of current or
future agreements with Canada or Mexico.[^6]

Potential bidders may obtain information about incumbent licensees
through the Commission's licensing database on the Internet at
<http://wireless.fcc.gov/uls>. The Commission makes no representations
or guarantees regarding the accuracy or completeness of information in
its data bases, including 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 EA, or MEA for which they
plan to bid.

[]{.mark}

**Potential bidders are solely responsible for identifying associated
risks and for investigating and evaluating the degree to which such
matters may affect their ability to bid on, otherwise acquire, or make
use of licenses available in Auction No. 48.**

**Prohibition of Collusion:** Bidders are reminded that Section
1.2105(c) of the Commission's rules prohibits applicants for licenses in
any of the same geographic license areas from communicating with each
other during the auction about bids, bidding strategies, or settlements
unless they have identified each other as parties with whom they have
entered into agreements under Section 1.2105(a)(2)(viii). The Bureau has
previously stated that auction applicants who have applied for licenses
in any of the same geographic areas, and who are also applicants for
licenses in the same or competing services must affirmatively avoid all
discussions with each other that affect, or in their reasonable
assessment have the potential to affect their bidding or bidding
strategy.[^7] For Auction No. 48, this prohibition became effective at
the short-form application filing deadline on Friday, March 21, 2003,
and will end on the post-auction down payment deadline, which will be
announced in a future public notice.[^8] If parties had agreed in
principle on all material terms, those parties must have been identified
on the short-form application under Section 1.2105(c), even if the
agreement had not been reduced to writing. If parties had not agreed in
principle by the filing deadline, an applicant should not have included
the names of those parties on its application, and must not have
continued negotiations with other applicants for licenses in the same
geographic areas.[^9]

The Bureau has encouraged bidders competing for licenses in the same
geographic license areas not to use the same individual as an authorized
bidder.[^10] A violation of the anti-collusion rule could occur if an
individual acts as the authorized bidder for two or more competing
applicants, and conveys information concerning the substance of bids or
bidding strategies between the bidders he or she is authorized to
represent in the auction. A violation could similarly occur if the
authorized bidders are different individuals employed by the same
organization (e.g., law firm or consulting firm). In such a case, at a
minimum, applicants should take precautionary steps to prevent
communication between authorized bidders.[^11]

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 importance
to that application.[^12] Thus, Section 1.65 requires an auction
applicant to notify the Commission of any violation of the
anti-collusion rules upon learning of such violation. Bidders therefore
are required to make such notification to the Commission immediately
upon discovery.[^13] For further details regarding the prohibition
against collusion refer to the *Auction No. 48 Procedures Public Notice*
under Section I.B.2.

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, and other arrangements
entered into relating to the competitive bidding process. Bidders found
to have violated the anti-collusion rule may be subject to
sanctions.[^14] In addition, applicants are reminded that they are
subject to the antitrust laws, which are designed to prevent
anti-competitive behavior in the marketplace. If a bidder 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.[^15]

**Auction Discount Voucher:** On June 8, 2000, the Commission awarded
Qualcomm, Inc. a transferable Auction Discount Voucher ("ADV") in the
amount of \$125,273,878.00.[^16] This ADV may be used by Qualcomm or its
transferee, in whole or in part, to adjust a winning bid in any spectrum
auction prior to June 8, 2003, subject to terms and conditions set forth
in the Commission's Order.[^17] Qualcomm transferred \$10,848,000.00 of
the ADV to a winning bidder in FCC Auction No. 35 and the transferee
used its portion of the ADV to adjust one of its winning bids in Auction
No. 35.[^18] The remaining portion of Qualcomm's ADV could be used to
adjust winning bids in another FCC auction, including Auction No. 48.

**Ex Parte Rule:** Applicants should also be aware that the Commission
has generally exempted auction proceedings from the strict requirements
of the *ex parte* rule found in Section 1.1208[^19] of the Commission's
rules.[^20]

**Mock Auction:** All applicants found to be qualified bidders will be
eligible to participate in a mock auction on Thursday, May 8, 2003. We
encourage all qualified bidders to take advantage of this mock auction
to become familiar with the FCC Automated Auction System. In the
*Qualified Bidders Public Notice*, the Bureau will announce the bidding
schedule for the mock auction and give details about participation. The
mock auction will be conducted over the Internet. Telephonic bidding
will also be available. As a contingency, the FCC Wide Area Network will
also be available, using Dial-Up Networking.

**Electronic Bidding:** Applicants are reminded that qualified bidders
are eligible to bid either electronically or telephonically. Applicants
should specify their bidding preference on the FCC Form 175.

Bidders can access the FCC Automated Auction System over the Internet.
As a contingency, bidders can also access the FCC Automated Auction
System over the FCC's Wide Area Network. Access to the system via the
Internet requires, at a minimum, the following hardware and software:

-   CPU: Pentium 133 or above

-   RAM: 32 MB (64 MB recommended)

-   Monitor: VGA or above

-   Mouse or other pointing device

-   Operating System: Microsoft® Windows™ 95™, 98™, 2000™, ME™, NT™

-   Web Browser, either of the following:

```{=html}
<!-- -->
```
-   Microsoft® Internet Explorer 4.0 or higher (recommended). If you
    have Internet Explorer 5.0 or higher, your browser must have either
    Microsoft VM or Java Plug-In Version 1.3.1 installed.

```{=html}
<!-- -->
```
-   Netscape® Communicator™ 4.0 or higher, with Java Plug-In Version
    1.3.1.

Java Plug-In Version 1.3.1 is available for downloading at
[http://java.sun.com/products/archive/.]{.underline}

In addition, users accessing the FCC Automated Auction System via the
FCC's Wide Area Network will need:

-   Modem: 28.8 Kbps Hayes© compatible modem or faster (56.6 Kbps
    recommended)

-   Point-to-Point Protocol (PPP) Dialer: Use the Dial-Up Networking
    feature included with the operating system

**Long-Form Applications:** All applicants should be aware that at the
long-form application stage, they will be subject to the more extensive
reporting requirements contained in the Commission's Part 1 ownership
disclosure rule.[^21]

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

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 proposals may also call the FCC Consumer Center at (888)
CALL-FCC ((888) 225-5322).

**CONTACT INFORMATION**

For questions about payment or instructions for wiring upfront payments,
contact Gail Glasser or Tim Dates, Auctions Accounting Group, at (202)
418-1995.

For specific questions about an applicant's incomplete status, the
applicant should contact the staff reviewer identified in the
correspondence sent to the applicant by overnight mail.

For technical assistance with using the FCC Automated Auction System,
contact the FCC Technical Support Hotline at (202) 414‑1250 (V) or (202)
414-1255 (TTY). The FCC Technical Support Hotline is generally available
Monday through Friday from 8:00 a.m. to 6:00 p.m. ET. *All calls to the
FCC Technical Support Hotline are recorded.*

For additional information, contact: Rosemary Cabral, Auctions Legal
Branch (regarding legal questions) at (202) 418-0660; Roy Knowles,
Analyst, Auctions Operations (regarding bidding and auction structure),
or Barbara Sibert, Auctions Operations (regarding bidding and general
filing status) at (717) 338-2888.

**- FCC -**

[^1]: *See* 47 C.F.R. § 1.2106.

[^2]: *See* 47 C.F.R. § 1.65. *See also* Auction of Licenses in the
    Lower and Upper Paging Bands Scheduled for May 13, 2003, Notice and
    Filing Requirements, Minimum Opening Bids, Upfront Payments and
    Other Auction Procedures, *Public Notice,* DA 02-3560, at 18, 21-24
    (rel. December 20, 2002), 68 Fed. Reg. 6151 ("*Auction No. 48
    Procedures Public Notice"*).

[^3]: *See Auction No. 48 Procedures Public Notice* at 19.

[^4]: *Id*. at 18, 22-24.

[^5]: *See* *Auction No. 48 Procedures Public Notice* at 8-10.

[^6]: For reference to relevant agreements, *see id.*, at 9, nn. 22-23.

[^7]: *See* Wireless Telecommunications Bureau Provides Guidance on the
    Anti-Collusion Rule for D, E, and F Block Bidders, *Pubic Notice*,
    DA 96-1460, 15 FCC Rcd 6196 (1996).

[^8]: 47 C.F.R. § 1.2105(c)(1).

[^9]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645
    (1995).

[^10]: *See Auction No. 48 Procedures Public Notice* at 7-8.

[^11]: *See* In re Application of Nevada Wireless for a License to
    Provide 800 MHz Specialized Mobile Radio

    Service in the Farmington, NM-CO Economic Area (EA-155) Frequency
    Band A, *Memorandum Opinion and*

    *Order,* 13 FCC Rcd. 11973, 11977 ¶ 11 (1998) ("*Nevada
    Wireless*"*)*.

[^12]: *See* 47 C.F.R. § 1.65.

[^13]: The Commission recently amended Section 1.2105 to require auction
    applicants to report prohibited communications in writing to the
    Commission immediately, but in no case later than five business days
    after the communication occurs. In the Matter of Amendment of Part 1
    of the Commission's Rules -- Competitive Bidding Procedures,
    *Seventh Report and Order*, 16 FCC Rcd 17546, 17555, ¶ 17 (2001).

[^14]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^15]: 47 C.F.R. §1.2109 (d).

[^16]: Qualcomm Incorporated Petition for Declaratory Ruling Giving
    Effect to the Mandate of the District of Columbia Circuit Court of
    Appeals, *Order*, 16 FCC Rcd 4042 (2000) ("*Qualcomm Order*").

[^17]: *Id. See also* Qualcomm, Inc. Petition for Waiver of Certain
    Terms and Conditions of its Auction Discount Voucher, *Order*, FCC
    02-321, 17 FCC Rcd. 24311 (WTB 2002).

[^18]: *See* Supplement to Public Notice Released August 22, 2001 By
    Wireless Telecommunications Bureau Announcing It Is Prepared to
    Grant Four C and F Block Broadband Personal Communications Services
    (PCS) Licenses Upon Full and Timely Payment, Auction Event No. 35,
    DA 01-2071, *Public Notice*, 16 FCC Rcd 16025 (2001). All of the
    terms and conditions applicable to Qualcomm's use of the ADV shall
    apply to its use by a transferee, except that a transferee may not
    transfer the ADV to an entity other than back to Qualcomm. *See*
    *Qualcomm Order*, 16 FCC Rcd 4042 (2000); *see also* Letter from
    Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, Federal
    Communications Commission, to Veronica M. Ahern, Attorney for
    Qualcomm Incorporated (December 22, 2000).

[^19]: 47 C.F.R. §1.1208.

[^20]: S*ee* "Commission Announces that Mutually Exclusive 'Short-Form'
    Applications (Form 175) to Participate in Competitive Bidding
    Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes,"
    *Public Notice*, 9 FCC Rcd 6760 (1994).

[^21]: *See* 47 C.F.R. § 1.2112(b)(2).