DA 08-926

April 25, 2008

**CLOSED AUCTION OF LICENSES FOR CELLULAR UNSERVED SERVICE AREAS**

**SCHEDULED FOR JUNE 17, 2008**

**Notice and Filing Requirements, Minimum Opening Bids, Upfront
Payments, and Other Procedures for Auction 77**

**AU Docket No. 08-32**

Report No. AUC-08-77-B (Auction 77)

Table of Contents

Heading Paragraph \#

I. General Information 1

A. Introduction 1

1\. Background of Proceeding 2

2\. Licenses to be Offered in Auction 77 3

B. Rules and Disclaimers 6

1\. Relevant Authority 6

2\. Prohibition of Collusion; Compliance with Antitrust Laws 8

a\. Entities Subject to Anti-Collusion Rule 9

b\. Prohibition Applies Until Down Payment Deadline 12

c\. Prohibited Communications 13

d\. Disclosure of Bidding Agreements and Arrangements 18

e\. Anti-Collusion Certification 19

f\. Antitrust Laws 20

g\. Duty to Report Prohibited Communications; Reporting Procedure 21

h\. Winning Bidders Must Disclose Terms of Agreements 25

i\. Additional Information Concerning Anti-Collusion Rule 26

3\. Protection of Quiet Zones 27

4\. Due Diligence 28

5\. Use of Integrated Spectrum Auction System 35

6\. Fraud Alert 36

7\. Environmental Review Requirements 38

C. Auction Specifics 39

1\. Auction 77 Start Date 39

2\. Auction Title 41

3\. Bidding Methodology 42

4\. Pre-Auction Dates and Deadlines 43

5\. Requirements for Participation in Auction 77 44

II\. short-form Application (FCC FORM 175) REQUIREMENTS 45

A. Preferences for Small Businesses and Others 49

1\. Size Standards for Bidding Credits 49

2\. Installment Payments 50

B. License Selection 51

C. Disclosure of Bidding Arrangements 53

D. Ownership Disclosure Requirements 56

E. Provisions Regarding Former and Current Defaulters 58

F. Other Information 64

G. Minor Modifications to Short-Form Applications (FCC Form 175) 65

H. Maintaining Current Information in Short-Form Applications (FCC Form
175) 70

III\. PRE-AUCTION PROCEDURES 73

A. Auction Seminar 73

B. Short-Form Applications (FCC Form 175) --- Due Prior to 6:00 p.m. ET
on May 16, 2008 74

C. Application Processing and Minor Corrections 77

D. Upfront Payments --- Due June 2, 2008 79

1\. Making Upfront Payments by Wire Transfer 80

2\. FCC Form 159 83

3\. Upfront Payments and Bidding Eligibility 84

4\. Applicant's Wire Transfer Information for Purposes of Refunds of
Upfront Payments 88

E. Auction Registration 89

F. Remote Electronic Bidding 93

G. Mock Auction 95

IV\. AUCTION 77 96

A. Auction 77 Structure 97

1\. Single-Round Sealed-Bid Auction 97

2\. Auction Delay, Suspension, or Cancellation 98

B. Bidding Procedures 100

1\. Round Structure 100

2\. Reserve Price or Minimum Bid 102

3\. Bid Amounts 104

4\. Bid Removal and Bid Withdrawal 106

5\. Auction Results 108

6\. Auction Announcements 112

V. POST-AUCTION PROCEDURES 113

A. Down Payments 113

B. Final Payments 115

C. Long-Form Application (FCC Form 601) 116

D. Ownership Disclosure Information Report (FCC Form 602) 117

E. Default and Disqualification 118

F. Refund of Remaining Upfront Payment Balance 122

VI\. Contact information 124

Attachment A: Auction 77 licenses to Be Auctioned

ATTACHMENT B: Auction 77 Short-Form Filing Instructions

ATTACHMENT C: Auction-Specific Instructions for FCC Remittance Advice
(FCC Form 159)

ATTACHMENT D: Summary Listing of Documents Addressing Application of the
Anti-Collusion Rule

# General Information

## Introduction

1.  By this Public Notice, we announce the procedures and minimum
    opening bid amounts for the upcoming closed auction of Cellular
    Radiotelephone Service licenses covering two different unserved
    areas ("Auction 77"). Auction 77 is scheduled to begin on June
    17, 2008. On March 21, 2008, in accordance with Section 309(j)(3) of
    the Communications Act of 1934, as amended,[^1] the Wireless
    Telecommunications Bureau ("Bureau") released a public notice
    seeking comment on competitive bidding procedures to be used in
    Auction 77.[^2] In the *Auction 77 Comment Public Notice*, the
    Bureau proposed to award the licenses using a single-round
    sealed-bid auction and sought comment on procedures for the conduct
    of Auction 77. The Bureau received one comment and no reply comments
    in response to the *Auction 77 Comment Public Notice*.[^3]

### Background of Proceeding

2.  The Federal Communications Commission has been awarding cellular
    licenses since 1982. Cellular radio service is a mobile
    radiotelephone service in which common carriers are authorized to
    offer and provide mobile telecommunications service for hire to the
    general public.[^4]

### Licenses to be Offered in Auction 77 

3.  The spectrum to be auctioned is the subject of two groups of pending
    mutually exclusive long-form applications (FCC Form 601s) for
    unserved area licenses in the Cellular Radiotelephone Service.
    Participation in Auction 77 will be limited to those applicants
    identified in Attachment A. Licenses will be auctioned for each
    mutually exclusive applicant group ("MX group") identified in
    Attachment A. The winning bidder in each group will be licensed to
    serve only the unserved area proposed in its long-form
    application(s) for that MX group.

4.  In MX Group FGN001, one of the applicants, E.N.M.R. Telephone
    Cooperative ("ENMR"), has filed two applications that propose
    different Cellular Geographic Service Areas ("CGSAs").[^5] ENMR was
    required by the Commission's rules to file two separate applications
    for these CGSAs.[^6] Because ENMR's applications are not mutually
    exclusive with each other, but each of these applications is
    mutually exclusive with the competing applicant in the MX group, if
    ENMR qualifies to bid in the auction, it will submit one bid for the
    opportunity to have both of its applications processed in the event
    that it is the winning bidder in MX Group FGN001.[^7]

5.  Consistent with the Commission's determination in the *Competitive
    Bidding Ninth Report and Order*, all pending mutually exclusive
    applications for unserved area licenses in the Cellular
    Radiotelephone Service must be resolved through a system of
    competitive bidding.[^8] When the short-form applications of two or
    more applicants within an MX group are accepted for filing, mutual
    exclusivity exists for auction purposes.[^9] Once mutual exclusivity
    exists for auction purposes, even if only one applicant within an MX
    group submits an upfront payment, that applicant is required to
    submit a bid in order to obtain the license.[^10] Any applicant that
    submits a short-form application but fails to timely submit an
    upfront payment will not be eligible to bid.

## Rules and Disclaimers 

### Relevant Authority 

6.  Prospective applicants must familiarize themselves thoroughly with
    the Commission's general competitive bidding rules set forth in
    Title 47, Part 1, of the Code of Federal Regulations, including
    recent amendments and clarifications;[^11] rules relating to the
    Cellular Radiotelephone Service contained in Title 47, Part 22, of
    the Code of Federal Regulations;[^12] and rules relating to
    applications, environment, practice and procedure contained in Title
    47, Part 1, of the Code of Federal Regulations.[^13] Prospective
    applicants must also be thoroughly familiar with the procedures,
    terms and conditions (collectively, "terms") contained in this
    Public Notice and the Commission's decisions in proceedings
    regarding competitive bidding procedures, application requirements,
    and obligations of Commission licensees.[^14]

7.  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 applicants. It is the responsibility of
    all applicants to remain current with all Commission rules and with
    all public notices pertaining to Auction 77. Copies of most
    auctions-related Commission documents, including public notices, can
    be retrieved from the FCC Auctions Internet site at
    [http://wireless.fcc.gov/auctions/](http://wireless.fcc.gov/auctions/default.htm?job=auctions_home).
    Additionally, documents are available for public inspection and
    copying between 8:00 a.m. and 4:30 p.m. Eastern Time (ET) Monday
    through Thursday and 8:00 a.m. to 11:30 a.m. ET Fridays at the FCC
    Reference Information Center, 445 12th Street, SW, Room CY-A257,
    Washington, DC 20554. Documents may also be purchased from the
    Commission's duplicating contractor, Best Copy and Printing, Inc.
    ("BCPI"), 445 12th Street, SW, Room CY-B402, Washington, DC 20554,
    800-378-3160 or at
    [http://www.bcpiweb.com](http://www.bcpiweb.com/).[^15]

### Prohibition of Collusion; Compliance with Antitrust Laws

8.  To ensure the competitiveness of the auction process, Section
    1.2105(c) of the Commission's rules prohibits auction applicants for
    licenses in any of the same geographic license areas from
    communicating with each other about bids, bidding strategies, or
    settlements unless such applicants have identified each other on
    their short-form applications (FCC Forms 175) as parties with whom
    they have entered into agreements pursuant to Section
    1.2105(a)(2)(viii).[^16]

#### Entities Subject to Anti-Collusion Rule

9.  The anti-collusion rule will apply to any applicants that submit
    short-form applications seeking to participate in Auction 77. Under
    the terms of the rule, applicants that have applied for licenses
    covering the same markets (unless they have identified each other on
    their FCC Form 175 applications as parties with whom they have
    entered into agreements under Section 1.2105(a)(2)(viii)) must
    affirmatively avoid all communications with or disclosures to each
    other that affect or have the potential to affect bids or bidding
    strategy, which may include communications regarding the
    post-auction market structure.[^17] **This prohibition applies to
    all applicants regardless of whether such applicants become
    qualified bidders or actually bid.**[^18]

10. For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
    "applicant" as including all officers and directors of the entity
    submitting a short-form application to participate in the auction,
    all controlling interests of that entity, as well as all holders of
    partnership and other ownership interests and any stock interest
    amounting to 10 percent or more of the entity, or outstanding stock,
    or outstanding voting stock of the entity submitting a short-form
    application.[^19]

11. Entities and parties subject to the anti-collusion rule should take
    special care in circumstances where their employees may receive
    information directly or indirectly from a competing applicant
    relating to any competing applicant's bids or bidding strategies. In
    situations where the anti-collusion rule views the same person as
    the applicant with respect to two different entities filing
    competing applications, under Bureau precedent the bids and bidding
    strategies of one applicant are necessarily conveyed to the other
    and, absent a disclosed bidding agreement, an apparent violation of
    the anti-collusion rule occurs.[^20] The Bureau has not addressed
    situations where employees who do not qualify as the applicant,
    (e.g., are not officers or directors) receive information regarding
    a competing applicant's bids or bidding strategies and whether that
    information might be deemed to necessarily convey to the applicant.
    We note that the exception to the anti-collusion rule providing that
    non-controlling interest holders may have interests in more than one
    competing bidder without violating the anti-collusion rule, provided
    specified conditions are met (including a certification that no
    prohibited communications have occurred or will occur), does not
    extend to controlling interest holders.[^21]

#### Prohibition Applies Until Down Payment Deadline

12. Section 1.2105(c)'s anti-collusion prohibition begins at the
    short-form application filing deadline and ends at the down payment
    deadline after the auction.[^22]

#### Prohibited Communications

13. Applicants for the upcoming Auction 77 and other parties that may be
    engaged in discussion with such applicants are cautioned of the need
    to comply with the Commission's anti-collusion rule, Section
    1.2105(c).[^23] The anti-collusion rule prohibits not only a
    communication about an applicant's own bids or bidding strategy, but
    also a communication of another applicant's bids or bidding
    strategy.[^24] While the anti-collusion rule provisions do not
    prohibit business negotiations among auction applicants, applicants
    must remain vigilant so as not to communicate directly or indirectly
    information that affects, or could affect, bids or bidding strategy,
    or the negotiation of settlement agreements.

14. The Commission remains vigilant about prohibited communications
    taking place in other situations. For example, the Commission has
    warned that prohibited "communications concerning bids and bidding
    strategies may include communications regarding capital calls or
    requests for additional funds in support of bids or bidding
    strategies to the extent such communications convey information
    concerning the bids and bidding strategies directly or
    indirectly."[^25]

15. Bidders should use caution in their dealings with other parties,
    such as members of the press, financial analysts, or others who
    might become a conduit for the communication of prohibited bidding
    information. Similarly, an applicant's public statement of intent
    not to participate in Auction 77 bidding could also violate the
    rule.

16. Applicants for licenses for any of the same geographic license areas
    must not communicate directly or indirectly about bids or bidding
    strategy.[^26] Accordingly, such applicants 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 such applicants. Also, if the authorized bidders are
    different individuals employed by the same organization (*e.g.,* law
    firm or engineering firm or consulting firm), a violation similarly
    could occur.[^27] 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.[^28] A violation of the anti-collusion rule
    could occur in other contexts, such as an individual serving as an
    officer for two or more applicants.[^29] Moreover, the Commission
    has found a violation of the anti-collusion rule where a bidder used
    the Commission's bidding system to disclose "its bidding strategy in
    a manner that explicitly invited other auction participants to
    cooperate and collaborate in specific markets,"[^30] and has placed
    auction participants on notice that the use of its bidding system
    "to disclose market information to competitors will not be tolerated
    and will subject bidders to sanctions."[^31]

17. In addition, when completing short-form applications, applicants
    should avoid any statements or disclosures that may violate the
    Commission's anti-collusion rule.

#### Disclosure of Bidding Agreements and Arrangements

18. The Commission's rules do not prohibit applicants from entering into
    otherwise lawful bidding agreements before filing their short-form
    applications, as long as they disclose the existence of the
    agreement(s) in their short-form application.[^32] If parties agree
    in principle on all material terms prior to the short-form filing
    deadline, each party to the agreement must identify the other party
    or parties to the agreement on its 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
    short-form filing deadline, they should not include the names of
    parties to discussions on their applications, and they may not
    continue negotiations, discussions or communications with any other
    applicants for licenses covering any of the same or overlapping
    geographic areas after the short-form filing deadline.[^33]

#### Anti-Collusion Certification

19. By electronically submitting a short-form application following the
    electronic filing procedures set forth in Attachment B to this
    Public Notice, each applicant certifies its compliance with Section
    1.2105(c). 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.[^34] The
    Commission has stated that it "intend\[s\] to scrutinize carefully
    any instances in which bidding patterns suggest that collusion may
    be occurring."[^35] Any applicant found to have violated the
    anti-collusion rule may be subject to sanctions.[^36]

#### Antitrust Laws

20. Applicants are also reminded that, regardless of compliance with the
    Commission's rules, they remain subject to the antitrust laws, which
    are designed to prevent anticompetitive behavior in the
    marketplace.[^37] Compliance with the disclosure requirements of the
    Commission's anti-collusion rule will not insulate a party from
    enforcement of the antitrust laws.[^38] For instance, a violation of
    the antitrust laws could arise out of actions taking place well
    before any party submits a short-form application.[^39] The
    Commission has cited a number of examples of potentially
    anticompetitive actions that would be prohibited under antitrust
    laws: for example, actual or potential competitors may not agree to
    divide territories horizontally in order to minimize competition,
    regardless of whether they split a market in which they both do
    business, or whether they merely reserve one market for one and
    another for the other.[^40] Similarly, the Bureau has long reminded
    potential applicants and others that "\[e\]ven where the applicant
    discloses parties with whom it has reached an agreement on the
    short-form application, thereby permitting discussions with those
    parties, the applicant is nevertheless subject to existing antitrust
    laws."[^41] To the extent the Commission becomes aware of specific
    allegations that suggest that violations of the federal antitrust
    laws may have occurred, the Commission may refer such allegations to
    the United States Department of Justice for investigation.[^42] If
    an applicant is found to have violated the antitrust laws or the
    Commission's rules 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, among other
    sanctions.[^43]

#### Duty to Report Prohibited Communications; Reporting Procedure

21. If an applicant makes or receives a communication that appears to
    violate the anti-collusion rule, it must report such communication
    in writing to the Commission immediately, and in no case later than
    five business days after the communication occurs.[^44] The
    Commission recently 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.[^45]

22. 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.[^46] Thus, Section 1.65 requires an auction
    applicant to notify the Commission of any substantial change to the
    information or certifications included in its pending short-form
    application. Applicants are therefore required by Section 1.65 to
    report to the Commission any communications they have made to or
    received from another applicant after the short-form filing deadline
    that affect or have the potential to affect bids or bidding strategy
    unless such communications are made to or received from parties to
    agreements identified under Section 1.2105(a)(2)(viii).

23. Parties reporting communications pursuant to Section 1.2105(a)(2)
    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.[^47] Such parties are also encouraged to
    coordinate with the Auctions and Spectrum Access Division staff if
    they have any questions about the procedures for submitting such
    reports.[^48] This Public Notice provides additional guidance on
    procedures for submitting application-related information
    below.[^49]

24. Applicants must be aware that failure to comply with the
    Commission's rules can result in enforcement action.

#### Winning Bidders Must Disclose Terms of Agreements

25. Applicants that are winning bidders will be required to disclose in
    their long-form applications the specific terms, conditions, and
    parties involved in any bidding consortia, joint ventures,
    partnerships, and other arrangements entered into relating to the
    competitive bidding process.[^50]

#### Additional Information Concerning Anti-Collusion Rule

26. A summary listing of documents issued by the Commission and the
    Bureau addressing the application of the anti-collusion rule may be
    found in Attachment D. These documents are available on the
    Commission's auction anti-collusion web page.[^51]

### Protection of Quiet Zones 

27. Cellular Radiotelephone Service licensees must protect the radio
    quiet zones set forth in the Commission's rules.[^52] Licensees are
    cautioned that they must receive the appropriate approvals directly
    from the relevant quiet zone entity prior to operating within the
    areas described in the Commission's rules.[^53]

### Due Diligence 

28. Potential bidders are reminded that they are solely responsible for
    investigating and evaluating all technical and marketplace factors
    that may have a bearing on the value of Cellular Radiotelephone
    Service licenses. **The FCC makes no representations or warranties
    about the use of this spectrum for particular services.**
    **Applicants should be aware that an FCC auction represents an
    opportunity to become an FCC licensee in the Cellular Radiotelephone
    Service subject to certain conditions and regulations.** **An FCC
    auction does not constitute an endorsement by the FCC of any
    particular service, technology, or product, 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.

29. Potential bidders are strongly encouraged to conduct their own
    research prior to the beginning of bidding in Auction 77 in order to
    determine the existence of any pending legislative, administrative
    or judicial proceedings that might affect their decision regarding
    participation in the auction. Participants in Auction 77 are
    strongly encouraged to continue such research 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 license, they will be able to
    build and operate facilities that will fully comply with the
    Commission\'s technical and legal requirements as well as other
    applicable Federal, state, and local laws.

30. Applicants should also be aware that certain pending and future
    proceedings, including rulemaking proceedings or petitions for
    rulemaking, applications (including those for modification),
    requests for special temporary authority, waiver requests, petitions
    to deny, petitions for reconsideration, informal oppositions, and
    applications for review, before the Commission may relate to
    particular applicants or incumbent licensees or the licenses
    available in Auction 77. Of course, pending and future judicial
    proceedings may relate to particular applicants or incumbent
    licensees, or the licenses available in Auction 77. Prospective
    bidders are responsible for assessing the likelihood of the various
    possible outcomes, and considering their potential impact on
    spectrum licenses available in Auction 77.

31. Applicants should perform due diligence to identify and consider all
    proceedings that may affect the spectrum licenses being auctioned
    and that could have an impact on the availability of spectrum for
    Auction 77. In addition, although the Commission may continue to act
    on various pending applications, informal objections, petitions, and
    other requests for Commission relief, some of these matters may not
    be resolved by the beginning of bidding in the auction.

32. Applicants 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 being offered.

33. The Commission makes no representations or guarantees regarding the
    accuracy or completeness of information in its databases or any
    third party databases, including, for example, court docketing
    systems. To the extent the Commission's databases may not include
    all information deemed necessary or desirable by an applicant,
    applicants may obtain or verify such information from independent
    sources or assume the risk of any incompleteness or inaccuracy in
    said databases. Furthermore, the Commission makes no representations
    or guarantees regarding the accuracy or completeness of information
    that has been provided by incumbent licensees and incorporated into
    its databases.

34. Potential applicants are strongly encouraged to physically inspect
    any prospective sites located in, or near, the geographic area for
    which they plan to bid, and also to familiarize themselves with the
    environmental review obligations described below in Section I.B.7.

### Use of Integrated Spectrum Auction System

35. The Commission will make available a browser-based bidding system to
    allow bidders to participate in Auction 77 over the Internet using
    the Commission's Integrated Spectrum Auction System ("ISAS" or "FCC
    Auction System"). The Commission makes no warranty whatsoever with
    respect to the FCC Auction System. In no event shall the Commission,
    or any of its officers, employees or agents, be liable for any
    damages whatsoever (including, but not limited to, loss of business
    profits, business interruption, loss of business information, or any
    other loss) arising out of or relating to the existence, furnishing,
    functioning or use of the FCC Auction System that is accessible to
    qualified bidders in connection with Auction 77. Moreover, no
    obligation or liability will arise out of the Commission's
    technical, programming or other advice or service provided in
    connection with the FCC Auction System.

### Fraud Alert

36. As is the case with many business investment opportunities, some
    unscrupulous entrepreneurs may attempt to use Auction 77 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 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.

37. Information about deceptive telemarketing investment schemes is
    available from the Commission as well as the FTC and SEC. Additional
    sources of information for potential bidders and investors may be
    obtained from: (i) the FCC by going to
    [http://wireless.fcc.gov/csinfo/#fraud](http://wireless.fcc.gov/index.htm?job=licensee_consumer_information#d36e37)
    or by telephone at (888) 225-5322 (FCC's Consumer Call Center); (ii)
    the FTC by going to
    <http://ftc.gov/bcp/edu/pubs/consumer/invest/inv03.shtm> or by
    telephone at (877) FTC-HELP ((877) 382-4357); and (iii) the SEC by
    going to

    <http://sec.gov/cgi-bin/txt-srch-sec?text=fraud&section=Investor+Information&x=8&y=5>
    or by telephone 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.

### Environmental Review Requirements

38. Licensees must comply with the Commission's rules regarding
    implementation of the National Environmental Policy Act and other
    federal environmental statutes.[^54] The construction of a wireless
    antenna facility is a federal action and the licensee must comply
    with the Commission's environmental rules for each such
    facility.[^55] The Commission's environmental rules require, among
    other things, that the licensee consult with expert agencies having
    environmental responsibilities, including the U.S. Fish and Wildlife
    Service, the State Historic Preservation Office, the Army Corps of
    Engineers and the Federal Emergency Management Agency (through the
    local authority with jurisdiction over floodplains). In assessing
    the effect of facilities construction on historic properties, the
    licensee must follow the provisions of the Nationwide Programmatic
    Agreement Regarding the Section 106 National Historic Preservation
    Act Review Process.[^56] 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 also must prepare environmental
    assessments for facilities that include high intensity white lights
    in residential neighborhoods or excessive radio frequency emission.

## Auction Specifics

### Auction 77 Start Date

39. Bidding in Auction 77 will be held on **Tuesday, June 17, 2008**.
    Unless otherwise announced, the licenses to provide cellular service
    in the two different unserved areas will be offered at the same
    time.

40. The start and finish time of bidding will be announced by public
    notice approximately ten days before the start of the auction.

### Auction Title

41. Auction 77 -- Closed Cellular Unserved

### Bidding Methodology 

42. The bidding methodology for Auction 77 will be single-round
    sealed-bid. The single-round sealed-bid format will consist of one
    bidding round followed by the release of auction results. In the
    event of tied bids in an MX group, the Commission will post an
    announcement in the FCC Auction System to announce an additional
    round of bidding for that MX group. The Commission will conduct
    Auction 77 over the Internet using the FCC Auction System, and
    telephonic bidding will be available as well. All telephone calls
    are recorded.

### Pre-Auction Dates and Deadlines

43. The following dates and deadlines apply:

Auction 77 Short-Form Application\
(FCC Form 175) Filing Window Opens May 14, 2008; 9:00 a.m. ET

Auction 77 Short-Form Application\
(FCC Form 175) Filing Window Deadline May 16, 2008; prior to 6:00 p.m.
ET

Auction 77 Upfront Payment Deadline (via wire transfer) June 2, 2008;
6:00 p.m. ET

Auction 77 Begins June 17, 2008

### Requirements for Participation in Auction 77

44. Those wishing to participate in Auction 77 must:

-   Submit a short-form application (FCC Form 175) electronically prior
    to 6:00 p.m. ET, May 16, 2008, following the electronic filing
    procedures set forth in Attachment B to this Public Notice.

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-   Submit a sufficient upfront payment and an FCC Remittance Advice
    Form (FCC Form 159) by 6:00 p.m. ET, June 2, 2008, following the
    procedures and instructions set forth in Attachment C to this Public
    Notice.

-   Comply with all provisions outlined in this Public Notice and
    applicable Commission rules.

# short-form Application (FCC FORM 175) REQUIREMENTS

45. An application to participate in an FCC auction, referred to as a
    short-form application or FCC Form 175, provides information used in
    determining whether the applicant is legally, technically, and
    financially qualified to participate in Commission auctions for
    licenses or permits.[^57] In this process, parties desiring to
    participate in the auction file streamlined, short-form applications
    (FCC Form 175) in which they certify under penalty of perjury as to
    their qualifications.[^58] Eligibility to participate in bidding is
    based on the applicants\' short-form applications and certifications
    as well as their upfront payments, as explained below.[^59]

46. Entities seeking licenses available in Auction 77 must file a
    short-form application electronically via the FCC Auction System
    prior to 6:00 p.m. ET on May 16, 2008, following the procedures
    prescribed in Attachment B to this Public Notice. Applicants filing
    a short-form application are subject to the Commission's
    anti-collusion rules beginning on the deadline for filing, as
    described above. Applicants bear full responsibility for submitting
    accurate, complete and timely short-form applications. All
    applicants must certify on their short-form applications under
    penalty of perjury that they are legally, technically, financially
    and otherwise qualified to hold a license.[^60] Applicants should
    read the instructions set forth in Attachment B to this Public
    Notice carefully and should consult the Commission's rules to ensure
    that, in addition to the materials described below, all the
    information that is required under the Commission's rules is
    included with their short-form applications.

47. An entity may not submit more than one short-form application for
    Auction 77. If a party submits multiple short-form applications for
    Auction 77, only one application will be accepted for filing.

48. Applicants also should note that submission of a short-form
    application (and any amendments thereto) constitutes a
    representation by the certifying official that he or she is an
    authorized representative of the applicant, that he or she has read
    the form's instructions and certifications, and that the contents of
    the application, its certifications, and any attachments are true
    and correct. Applicants are not permitted to make major
    modifications to their applications; such impermissible changes
    include a change of the certifying official to the application.[^61]
    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.

## Preferences for Small Businesses and Others 

### Size Standards for Bidding Credits 

49. Bidding credits for designated entities will not be available in
    Auction 77. While the Commission has taken steps to encourage the
    growth of wireless services in qualifying federally recognized
    tribal lands by adopting a bidding credit program, we note that
    there are no such lands within the geographic areas covered by the
    licenses offered in this auction.[^62] Thus, tribal lands bidding
    credits will not be available to winning bidders in Auction 77.

### Installment Payments

50. Installment payment plans will not be available in Auction 77.

## License Selection 

51. On its short-form application for Auction 77, an applicant must
    select the license for which it has filed a long-form application.
    Applicants will not be able to select the license for which they
    have not filed a long-form application.

52. Applicants will not be able to change their license selections after
    the short-form application filing deadline.[^63] Applicants
    interested in participating in Auction 77 must have selected
    license(s) available in the respective auction by the short-form
    application deadline. Applicants must confirm their license
    selections before the deadline for submitting FCC Form 175. The FCC
    Auction System will not accept bids from an applicant on individual
    licenses that the applicant has not selected on its FCC Form 175.

## Disclosure of Bidding Arrangements

53. Applicants will be required to identify in their short-form
    application for Auction 77 all parties with whom they have entered
    into any agreements, arrangements, or understandings of any kind
    relating to the licenses being auctioned in Auction 77, including
    any agreements relating to post-auction market structure.[^64]

54. Applicants also will be required to certify under penalty of perjury
    in their short-form applications that they have not entered and will
    not enter into any explicit or implicit agreements, arrangements or
    understandings of any kind with any parties, other than those
    identified in the application to participate in Auction 77 regarding
    the amount of their bids, bidding strategies, or the particular
    licenses on which they will or will not bid.[^65] If an applicant
    has had discussions, but has not reached an agreement by the
    short-form application filing deadline, it would not include the
    names of parties to the discussions on its application and may not
    continue such discussions with any applicants after the
    deadline.[^66]

55. After the filing of short-form applications, the Commission's rules
    do not prohibit a party holding a non-controlling, attributable
    interest in one applicant from acquiring an ownership interest in or
    entering into a joint bidding arrangement with other applicants,
    provided that: (i) the attributable interest holder certifies 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
    entered into a joint bidding arrangement; and (ii) the arrangements
    do not result in a change in control of any of the applicants.[^67]
    While the anti-collusion rules do not prohibit non-auction-related
    business negotiations among auction applicants, applicants are
    reminded that certain discussions or exchanges could touch upon
    impermissible subject matters because they may convey pricing
    information and bidding strategies.[^68] Further, as discussed
    above, compliance with the disclosure requirements of the
    Commission's anti-collusion rule will not insulate a party from
    enforcement of the antitrust laws.[^69]

## Ownership Disclosure Requirements 

56. 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.[^70] Specifically, in
    completing the short-form application for Auction 77, applicants
    will be required to fully disclose information on the real party or
    parties-in-interest and ownership structure of the applicant. The
    ownership disclosure standards for the short-form application are
    prescribed in Sections 1.2105 and 1.2112 of the Commission's
    rules.[^71] Each applicant is responsible for information submitted
    in its short-form application being complete and accurate.

57. An applicant's most current ownership information on file with the
    Commission, if in an electronic format compatible with the
    short-form application (FCC Form 175) (such as information submitted
    in an online FCC Form 602 or in an FCC Form 175 filed for a previous
    auction using ISAS) will automatically be entered into the
    applicant's short-form application. An applicant is responsible for
    ensuring that the information submitted in its short-form
    application for Auction 77 is complete and accurate. Accordingly,
    applicants should carefully review any information automatically
    entered to confirm that it is complete and accurate as of the
    deadline for filing the short-form application. Applicants can
    update any information that was entered automatically and needs to
    be changed directly in the short-form application.

## Provisions Regarding Former and Current Defaulters

58. Each applicant must state under penalty of perjury on its short-form
    application whether or not the applicant, its affiliates, its
    controlling interests, and the affiliates of its controlling
    interests, as defined by Section 1.2110,[^72] have ever been in
    default on any Commission licenses or have ever been delinquent on
    any non-tax debt owed to any Federal agency.[^73] In addition, each
    applicant must certify under penalty of perjury on its short-form
    application that, as of the short-form filing deadline, the
    applicant, its affiliates, its controlling interests, and the
    affiliates of its controlling interests, as defined by Section
    1.2110, are not in default on any payment for Commission licenses
    (including down payments) and that they are not delinquent on any
    non-tax debt owed to any Federal agency.[^74] Prospective applicants
    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. These
    statements and certifications are prerequisites to submitting an
    application in the FCC Auction System.

59. "Former defaulters" --- i.e., applicants, including any of their
    affiliates, any of their controlling interests, or any of the
    affiliates of their controlling interests, that in the past have
    defaulted on any Commission licenses or been delinquent on any
    non-tax debt owed to any Federal agency, but that have since
    remedied all such defaults and cured all of their outstanding
    non-tax delinquencies --- are eligible to bid in Auction 77,
    provided that they are otherwise qualified. However, as discussed in
    Section III.D.3. below, former defaulters are required to pay
    upfront payments that are fifty percent more than the normal upfront
    payment amounts.[^75]

60. "Current defaulters" --- i.e., applicants, including any of their
    affiliates, any of their controlling interests, or any of the
    affiliates of their controlling interests, that are in default on
    any payment for any Commission licenses (including down payments) or
    are delinquent on any non-tax debt owed to any Federal agency as of
    the filing deadline for short-form applications --- are not eligible
    to bid in Auction 77.[^76]

61. Applicants are encouraged to review the Bureau's previous guidance
    on default and delinquency disclosure requirements in the context of
    the short-form application process.[^77] For example, it has been
    determined that to the extent that Commission rules permit late
    payment of regulatory or application fees accompanied by late fees,
    such debts will become delinquent for purposes of Sections 1.2105(a)
    and 1.2106(a) only after the expiration of a final payment
    deadline.[^78] Therefore, with respect to regulatory or application
    fees, the provisions of Sections 1.2105(a) and 1.2106(a) regarding
    default and delinquency in connection with competitive bidding are
    limited to circumstances in which the relevant party has not
    complied with a final Commission payment deadline.[^79]

62. The Commission considers outstanding debts owed to the United States
    Government, in any amount, to be a serious matter. The Commission
    adopted rules, including a provision referred to as the \"red light
    rule,\" that implement the Commission\'s obligations under the Debt
    Collection Improvement Act of 1996, which governs the collection of
    claims owed to the United States.[^80] Under the red light rule, the
    Commission will not process applications and other requests for
    benefits filed by parties that have outstanding debts owed to the
    Commission. In the same rulemaking order, the Commission explicitly
    declared, however, that the Commission\'s competitive bidding rules
    \"are not affected\" by the red light rule.[^81] As a consequence,
    the Commission\'s adoption of the red light rule does not alter the
    applicability of any of the Commission\'s competitive bidding rules,
    including the provisions and certifications of Sections 1.2105 and
    1.2106, with regard to current and former defaults or delinquencies.
    Applicants are reminded, however, that the Commission's Red Light
    Display System, which provides information regarding debts owed to
    the Commission, may not be determinative of an auction applicant's
    ability to comply with the default and delinquency disclosure
    requirements of Section 1.2105.[^82] Thus, while the red light rule
    ultimately may prevent the processing of long-form applications by
    auction winners, an auction applicant's "red light" status is not
    necessarily determinative of its eligibility to participate in an
    auction or of its upfront payment obligation.

63. Prospective applicants should note that any long-form applications
    amended after the close of competitive bidding will be reviewed for
    compliance with the Commission's red light rule,[^83] and such
    review may result in the dismissal of a winning bidder\'s long-form
    application.[^84]

## Other Information 

64. Applicants owned by members of minority groups and/or women, as
    defined in Section 1.2110(c)(3),[^85] may identify themselves in
    filling out their short-form applications 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.[^86]

## Minor Modifications to Short-Form Applications (FCC Form 175)

65. Applicants are not permitted to make major modifications to their
    short-form applications (e.g., change their license selections,
    change control of the applicant, or change the certifying official)
    after the short-form application deadline.[^87] Thus, any change in
    control of an applicant, resulting from a merger for example, will
    be considered a major modification to the applicant's FCC Form 175,
    which will consequently be dismissed.[^88]

66. Applicants are, however, permitted to make only minor changes to
    their FCC Form 175 after the short-form application deadline.
    Permissible minor changes include, for example, deletion and
    addition of authorized bidders (to a maximum of three) and revision
    of addresses and telephone numbers of the applicants and their
    contact persons.

67. If an applicant wishes to make permissible minor changes to its
    short-form application, such changes should be made electronically
    to its Auction 77 short-form application using the FCC Auction
    System. Applicants are reminded to click on the **SUBMIT** button in
    the FCC Auction System for the changes to be submitted and
    considered by the Commission. After the revised application has been
    submitted, a confirmation page will be displayed that states the
    submission time and date, along with a unique file number.

68. In addition, during those periods outside of the initial and
    resubmission filing windows (i.e., when an applicant cannot
    electronically update its FCC Form 175), an applicant should submit
    a letter briefly summarizing the changes and subsequently update its
    short-form applications in ISAS as soon as possible. Note: After the
    filing window has closed, the auction system will not permit
    applicants to make certain changes, such as legal classification.
    Any letter describing changes to an applicant's short-form
    application should be submitted by electronic mail to the following
    address: <auction77@fcc.gov>. The electronic mail summarizing the
    changes must include a subject or caption referring to Auction 77
    and the name of the applicant (e.g., "RE: Changes to Auction 77
    Short-Form Application of ABC Corp."). The Bureau requests that
    parties format any attachments to electronic mail as Adobe^®^
    Acrobat^®^ (pdf) or Microsoft^®^ Word documents. Questions about
    short-form application (FCC Form 175) amendments should be directed
    to the Auctions and Spectrum Access Division at (202) 418-0660.

69. Applicants must not submit application-specific material through the
    Commission's Electronic Comment Filing System (ECFS). Further, as
    discussed above, parties submitting information related to their
    applications should use caution to ensure that information contained
    in their submissions do not contain confidential information or
    communicate information that would violate the Commission's
    anti-collusion rule.[^89]

## Maintaining Current Information in Short-Form Applications (FCC Form 175)

70. 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.[^90] If an amendment reporting substantial changes
    is a "major amendment" as defined by Section 1.2105, the major
    amendment will not be accepted and may result in the dismissal of
    the short-form application.[^91]

71. As noted in Section II.G., after the short-form filing deadline,
    applicants may make only minor changes to their short-form
    applications. Applicants must click on the **SUBMIT** button in the
    FCC Auction System for the changes to be submitted and considered by
    the Commission. In addition, applicants must submit a letter,
    briefly summarizing the changes, by electronic mail at the following
    address: <auction77@fcc.gov>. The electronic mail summarizing the
    changes must include a subject or caption referring to Auction 77
    and the name of the applicant. The Bureau requests that parties
    format any attachments to electronic mail as Adobe^®^ Acrobat^®^
    (pdf) or Microsoft^®^ Word documents.

72. Applicants must **not** submit application-specific material through
    ECFS.

# PRE-AUCTION PROCEDURES

## Auction Seminar 

73. An auction seminar will not be held for Auction 77. Applicants
    having questions about pre-auction procedures, conduct of the
    auction, the FCC Auction System, or the Cellular Radiotelephone
    Service and auction rules are encouraged to contact the appropriate
    staff listed in paragraph 124 of this Public Notice.

## Short-Form Applications (FCC Form 175) --- Due Prior to 6:00 p.m. ET on May 16, 2008

74. In order to be eligible to bid in Auction 77, applicants must first
    follow the procedures set forth in Attachment B to this Public
    Notice to submit an FCC Form 175 application electronically via the
    FCC Auction System.[^92] This application must be received at the
    Commission prior to 6:00 p.m. ET on May 16, 2008. **Late
    applications will not be accepted.** There is no application fee
    required when filing an FCC Form 175, but an applicant must submit
    an upfront payment to be eligible to bid.[^93]

75. Applications may generally be filed at any time beginning at 9:00
    a.m. ET on May 14, 2008, and the filing window will close prior to
    6:00 p.m. ET on May 16, 2008. Applicants are strongly encouraged to
    file early and are responsible for allowing adequate time for filing
    their applications. Applicants may update or amend their
    applications multiple times until the filing deadline on May 16,
    2008.

76. Applicants must always click on the SUBMIT button on the Certify &
    Submit screen of the electronic form to successfully submit or
    modify their FCC Form 175. Any form that is not submitted will not
    be reviewed by the FCC. Additional information about accessing,
    completing, and viewing the FCC Form 175 is included in
    Attachment B. FCC Auctions Technical Support is available at (877)
    480-3201, option nine; (202) 414-1250; or (202) 414-1255 (text
    telephone (TTY)); hours of service are Monday through Friday, from
    8:00 a.m. to 6:00 p.m. ET. In order to provide better service to the
    public, all calls to Technical Support are recorded.

## Application Processing and Minor Corrections

77. After the deadline for filing short-form applications, the
    Commission will process all timely submitted applications to
    determine which are complete, and subsequently will issue a public
    notice identifying (1) those applications that are complete; (2)
    those applications rejected; and (3) those applications that are
    incomplete because of minor defects that may be corrected, and the
    deadline for resubmitting corrected applications.

78. As described more fully in the Commission's rules, after the May 16,
    2008, short-form filing deadline, applicants may make only minor
    corrections to their applications. Applicants will not be permitted
    to make major modifications to their applications (*e.g.*, change
    their license selections, change control of the applicant, or change
    certifying official).[^94] FCC personnel will communicate regarding
    a short-form application only with an applicant's contact person or
    certifying official, as designated on the applicant's FCC Form 175,
    unless the applicant's certifying official or contact person
    notifies the Commission in writing that applicant's counsel or other
    representative is authorized to speak on its behalf.[^95]

## Upfront Payments --- Due June 2, 2008

79. In order to be eligible to bid in Auction 77, 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 sent by facsimile to Mellon Bank in Pittsburgh, PA.
    **All upfront payments for Auction 77 must be received in the proper
    account at Mellon Bank by 6:00 p.m. ET on June 2, 2008.**

### Making Upfront Payments by Wire Transfer 

80. Wire transfer payments for Auction 77 must be received by 6:00 p.m.
    ET on June 2, 2008.[^96] **[No other payment method is
    acceptable]{.underline}**.[^97] 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
>
> 500 Ross St.
>
> Pittsburgh, PA 15262
>
> BENEFICIARY: FCC/Account \# 910-0198
>
> Originating Bank Information (OBI Field): (Skip one space between each
> information item)
>
> "AUCTIONPAY"
>
> APPLICANT FCC REGISTRATION NUMBER (FRN): (same as FCC Form 159, block
> 21)
>
> PAYMENT TYPE CODE: (same as FCC Form 159, block 24A: "A77U")
>
> FCC CODE 1: (same as FCC Form 159, block 28A: "77")
>
> PAYER NAME: (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358410
>
> **NOTE:** The BNF and Lockbox number are specific to the upfront
> payments for Auction 77. Do not use BNF or Lockbox numbers from
> previous auctions.

81. At least one hour before placing the order for the wire transfer
    (but on the same business day), applicants must send by facsimile a
    completed FCC Form 159 (Revised 7/05) to Mellon Bank at (412)
    209-6045. On the cover sheet of the facsimile, write "Wire Transfer
    --- Auction Payment for Auction 77." In order to meet the
    Commission's upfront payment deadline, an applicant's payment must
    be credited to the Commission\'s account before the deadline.[^98]
    **Applicants are responsible for obtaining confirmation from their
    financial institution that Mellon Bank has timely received their
    upfront payment and deposited it in the proper account.**

82. Please note that:

-   All payments must be made in U.S. dollars.

-   All payments must be made by wire transfer.

-   Upfront payments for Auction 77 go to a lockbox number different
    from the lockboxes used in previous FCC auctions, and different from
    the lockbox number to be used for post-auction payments.

-   Failure to deliver the upfront payment as instructed by the June 2,
    2008, deadline will result in dismissal of the application and
    disqualification from participation in the auction.

### FCC Form 159

83. A completed FCC Remittance Advice Form (FCC Form 159, Revised 7/05)
    must be sent by facsimile to Mellon Bank to accompany each upfront
    payment. Proper completion of FCC Form 159 (Revised 7/05) is
    critical to ensuring correct crediting of upfront payments. Detailed
    instructions for completion of FCC Form 159 are included in
    Attachment C to this Public Notice. An electronic pre-filled version
    of the FCC Form 159 is available after submitting the FCC Form 175.
    Payors using a pre-filled FCC Form 159 are responsible for ensuring
    that all of the information on the form, including payment amounts,
    is accurate. The FCC Form 159 can be completed electronically, but
    must be filed with Mellon Bank via facsimile.

### Upfront Payments and Bidding Eligibility 

84. In the *Part 1 Order,* the Commission delegated to the Bureau the
    authority and discretion to determine appropriate upfront payment(s)
    for each auction.[^99] In addition, in the *Part 1* *Fifth Report
    and Order*, the Commission ordered that applicants that are former
    defaulters be required to pay upfront payments 50 percent greater
    than non-former defaulters.[^100] For purposes of this calculation,
    the "applicant" includes the applicant itself, its affiliates, its
    controlling interests, and affiliates of its controlling interests,
    as defined by Section 1.2110 of the Commission's rules.[^101]

85. Upfront payments help deter frivolous or insincere bidding. In
    addition, upfront payments provide the Commission with a source of
    funds in the event that the bidder incurs liability during the
    auction. Applicants must make the required upfront payment in order
    to be able to bid in Auction 77. [^102]

86. In the *Auction 77 Comment Public Notice*, the Bureau proposed to
    set the upfront payment at \$500 for each applicant. The Bureau did
    not receive any comments in response to the proposed upfront
    payments, or on its proposal that the upfront payment amount would
    determine a bidder's eligibility to participate in the auction.
    Therefore, we adopt the upfront payment for each applicant in
    Auction 77 as proposed and set forth in Attachment A of this Public
    Notice.

87. **"Former** **defaulters" must calculate their upfront payment by
    multiplying the upfront payment amount by 1.5**.[^103]

### Applicant's Wire Transfer Information for Purposes of Refunds of Upfront Payments

88. To ensure that refunds of upfront payments are processed in an
    expeditious manner, the Commission is requesting that all pertinent
    information listed below be supplied to the FCC. Applicants can
    provide the information electronically during the initial short-form
    application filing window after the form has been submitted.
    (Applicants are reminded that information submitted as part of an
    FCC Form 175 will be available to the public; for that reason, wire
    transfer information should **not** be included in an FCC Form 175.)
    Wire Transfer Instructions can also be manually sent by facsimile to
    the FCC, Financial Operations, Auctions Accounting Group, ATTN: Gail
    Glasser, at (202) 418-2843. Eligibility for refunds is discussed in
    Section V.F., below. All refunds will be returned to the payer of
    record as identified on the FCC Form 159 unless the payer submits
    written authorization instructing otherwise. For additional
    information, please call Gail Glasser at (202) 418-0578.

> Name of Bank
>
> ABA Number
>
> Address of Bank
>
> Contact and Phone Number
>
> Account Number to Credit
>
> Name of Account Holder
>
> FCC Registration Number (FRN)
>
> Correspondent Bank (if applicable)
>
> ABA Number
>
> Account Number

## Auction Registration

89. Approximately ten days before the auction, the FCC will issue a
    public notice announcing all qualified bidders for Auction 77.
    Qualified bidders are those applicants whose FCC Form 175
    applications have been accepted for filing, are complete and have
    timely submitted upfront payments sufficient to make them eligible
    to bid in Auction 77.

90. All qualified bidders are automatically registered for the auction.
    Registration materials will be distributed prior to the auction by
    overnight mail. The mailing will be sent only to the contact person
    at the contact address listed in the FCC Form 175 and will include
    the SecurID^®^ tokens that will be required to place bids, the
    Integrated Spectrum Auction System (ISAS) Bidder's Guide, and the
    Auction Bidder Line phone number.

91. Qualified bidders that do not receive this registration mailing will
    not be able to submit bids. Therefore, any qualified bidder that has
    not received this mailing by noon on Thursday, June 12, 2008, should
    call (717) 338-2868. Receipt of this registration mailing is
    critical to participating in the auction, and each applicant is
    responsible for ensuring it has received all of the registration
    material.

92. In the event that 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 replacements. Qualified bidders requiring
    the replacement of these items must call Technical Support at (877)
    480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY).

## Remote Electronic Bidding 

93. The Commission will conduct Auction 77 over the Internet, and
    telephonic bidding will be available as well. Only qualified bidders
    are permitted to bid. Each applicant should indicate its bidding
    preference -- electronic or telephonic -- on the FCC Form 175. In
    either case, each authorized bidder must have its own SecurID^®^
    token, which the FCC will provide at no charge. Each applicant with
    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, the
    telephonic bidding telephone number, and the Integrated Spectrum
    Auction System (ISAS) Bidder's Guide are only mailed to the contact
    person at the contact address listed on the FCC Form 175.** Please
    note that each SecurID^®^ token is tailored to a specific auction;
    therefore, SecurID^®^ tokens issued for other auctions or obtained
    from a source other than the FCC will not work for Auction 77.

94. Please note that the SecurID^®^ tokens can be recycled, and the
    Bureau encourages bidders to return the tokens to the FCC. The
    Bureau will provide pre-addressed envelopes that bidders may use to
    return the tokens once the auction is closed.

## Mock Auction 

95. A mock auction will not be held for Auction 77. Applicants having
    questions about conduct of the auction or use of the FCC Auction
    System are encouraged to contact the appropriate staff listed in
    paragraph 124 of this Public Notice.

# AUCTION 77

96. Auction 77 will be held on Tuesday, June 17, 2008. The start and
    finish time of the bidding round will be announced in a public
    notice listing the qualified bidders, which is to be released
    approximately 10 days before the start of the auction.

## Auction 77 Structure

### Single-Round Sealed-Bid Auction 

97. In the *Auction 77 Comment Public Notice*, the Bureau proposed to
    award the licenses included in Auction 77 using a single-round
    sealed-bid auction. Excomm supports the Bureau's proposal.[^104] We
    conclude that it is operationally feasible and appropriate to
    auction the cellular unserved service area licenses through a
    single-round sealed-bid auction.

###  Auction Delay, Suspension, or Cancellation

98. In the *Auction 77 Comment* *Public Notice*, the Bureau 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, administrative or weather
    necessity, evidence of an auction security breach or unlawful
    bidding activity, or for any other reason that affects the fair and
    efficient conduct of competitive bidding.[^105] The Bureau received
    no comment on this issue.

99. Because our approach to notification of delay during an auction has
    proven effective in resolving exigent circumstances in previous
    auctions, we adopt the Bureau's proposed rules regarding auction
    delay, suspension, or cancellation. 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, administrative or weather necessity, evidence of an
    auction security breach or unlawful bidding activity, or for any
    other reason that affects the fair and efficient 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.

## Bidding Procedures

### Round Structure

100. The Commission will conduct Auction 77 over the Internet, and
     telephonic bidding will be available as well. The toll-free
     telephone number for the Auction Bidder Line will be provided to
     qualified bidders. The start and finish time of the bidding round
     will be announced in the public notice listing qualified bidders,
     which is released approximately 10 days before the start of the
     auction.

101. The single-round sealed-bid format will consist of one bidding
     round followed by the release of auction results. In the event of
     tied bids in an MX group, the Commission will post an announcement
     in the FCC Auction System to announce an additional round of
     bidding for that MX group. Excomm supports this proposal.[^106]

### Reserve Price or Minimum Bid 

102. Section 309(j) of the Communications Act of 1934, as amended, calls
     upon the Commission to prescribe methods by which a reasonable
     reserve price will be required or a minimum opening bid established
     when applications for 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.[^107] 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.[^108] 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
     service areas, the extent of interference with other spectrum
     bands, and any other relevant factors that could have an impact on
     the spectrum being auctioned.[^109] The Commission concluded that
     the Bureau should have the discretion to employ either or both of
     these mechanisms for future auctions.[^110]

103. In the *Auction 77 Comment Public* Notice, the Bureau proposed to
     set the minimum bid at \$500 for each of the two cellular unserved
     areas in Auction 77. The Bureau received no comments concerning
     this proposal. Therefore, the minimum bid for each of the two
     cellular unserved areas is set at \$500 and is set forth in
     Attachment A of this Public Notice.

### Bid Amounts 

104. Bidders will be able to place a bid in any whole dollar amount
     equal to or greater than the minimum bid for the cellular unserved
     area for which they applied.

105. Bidders are also cautioned that they should type their bid amounts
     carefully because, even if mistakenly or erroneously made, bidders
     still assume a binding obligation to pay their full bid
     amount.[^111]

### Bid Removal and Bid Withdrawal 

106. *Bid Removal*. Before the close of a bidding round, a bidder has
     the option of removing any bids placed in that round. Once a round
     closes, a bidder may no longer remove a bid. By using the "remove
     bids" function in the FCC Auction System, a bidder may effectively
     "unsubmit" any bid placed within that round. This procedure will
     enhance bidder flexibility during the auction, and therefore the
     Bureau adopts these proposals for Auction 77.

107. *Bid Withdrawal.* With respect to bid withdrawals, we proposed not
     to allow any bid withdrawals (withdrawal of provisionally winning
     bids from previous rounds) in Auction 77. We received no comments
     on this issue. Therefore, the Bureau adopts its proposal.

### Auction Results 

108. At the end of the bidding round, the winning bid for each cellular
     unserved area will be determined based on the highest bid amount
     received for the area. Bids placed during a round will be made
     public at the conclusion of that round.[^112] Specifically, after a
     round closes, the Bureau will compile reports of all bids placed
     and which bidders made them, the random numbers assigned to each
     bid (for tie-breaking purposes), new minimum acceptable bid
     amounts, and will post the reports for public access.

109. In the event of identical high bid amounts being submitted in a
     cellular unserved area (i.e., tied bids), the Bureau proposed to
     allow an additional bidding round or rounds, if necessary, for
     bidders to submit higher bids for the cellular unserved area with
     tied bids. The minimum bid for the next round will be calculated by
     rounding the tied bid amount up to the next \$100.[^113] The
     license(s) will be awarded to the bidder submitting the highest bid
     in the additional round. If no bids are placed in the additional
     round, the license(s) will be awarded to the bidder that placed the
     tied bid that was assigned the higher random number (a random
     number having previously been assigned to each bid). If there is a
     tie for the winning bid in the additional round, the FCC may add
     another tie-breaking round or rounds, or stop the auction without
     awarding the license(s).

110. The Commission will announce the schedule for a subsequent round
     via an announcement in the FCC Auction System, concurrent with the
     release of round results. Excomm states that it has no objection to
     the proposal to conduct an additional round in the event of tied
     bids.[^114] The Bureau believes that this approach is efficient and
     therefore adopts its proposal.

111. Excomm requests that the Bureau confirm that the amount of all bids
     submitted during the auction will be publicly revealed after the
     close of bidding to promote transparency in the auction
     process.[^115] Consistent with past practice, the Bureau will
     announce the winning bid shortly after the close of the auction,
     and the amounts of all bids submitted during the auction will be
     made publicly available.

### Auction Announcements

112. The Commission will use auction announcements to announce items
     such as the schedule for a subsequent round in the event of tied
     bids on a license. All auction announcements will be available by
     clicking a link in the FCC Auction System.

# POST-AUCTION PROCEDURES

## Down Payments 

113. After bidding has ended in Auction 77, the Commission will issue a
     public notice declaring the auction closed and identifying winning
     bidders, down payments and final payments due.

114. Within ten business days after release of the auction closing
     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 Commission for licenses offered in Auction 77
     to 20 percent of the net amount of its winning bids.[^116]

## Final Payments

115. Each winning bidder will be required to submit the balance of the
     net amount of its winning bids within 10 business days after the
     applicable deadline for submitting down payments.[^117]

## Long-Form Application (FCC Form 601)

116. Within an MX group, the previously filed long-form application(s)
     (FCC Form 601) of the unsuccessful bidder will be dismissed
     following the grant of the winning bidder's license(s).

## Ownership Disclosure Information Report (FCC Form 602) 

117. Winning bidders must ensure that ownership information reported on
     FCC Form 602 is accurate and up to date. Further instructions will
     be provided to winning bidders at the close of the auction.

## Default and Disqualification 

118. Any winning 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 make full payment,
     or is otherwise disqualified) will be subject to the payments
     described in 47 C.F.R. § 1.2104(g)(2). The payments include both a
     deficiency payment, equal to the difference between the amount of
     the bidder's bid and the amount of the winning bid the next time a
     license covering substantially the same spectrum and geographic
     area is won in an auction, plus an additional payment equal to a
     percentage of the defaulter's bid or of the subsequent winning bid,
     whichever is less.

119. The percentage of the bid that a defaulting bidder must pay in
     addition to the deficiency will depend in part on the auction
     format ultimately chosen for a particular auction, if the license
     is subsequently reauctioned. In package auctions without package
     bidding, the amount can range from three percent up to a maximum of
     twenty percent, established in advance of the auction and based on
     the nature of the service and the inventory of the licenses being
     offered.[^118]

120. As previously noted by the Commission*,* defaults weaken the
     integrity of the auction process and impede the deployment of
     service to the public, and an additional default payment of more
     than three percent will be more effective in deterring defaults.
     Accordingly, in the *Auction 77 Comment* *Public Notice*, the
     Bureau proposed to set the additional default payment for the
     auction of the two cellular unserved areas licenses at twenty
     percent of the applicable bid. Since Auction 77 is being conducted
     strictly to resolve conflicts between entities in two cellular
     unserved areas that were unable to resolve their mutually exclusive
     applications, a default by the winning bidder would suggest that
     the bidder has not made a good-faith effort to abide by FCC license
     assignment procedures, thereby weakening the integrity of the
     auction process. We proposed to impose the maximum payment
     percentage to deter such behavior. The Bureau received no comments
     on this proposal. Therefore, we adopt our proposal.

121. Finally, the Bureau notes that in the event of a default, the
     Commission may re-auction the license or offer it to the next
     highest bidder (in descending order) at its final bid amount.[^119]
     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.[^120]

## Refund of Remaining Upfront Payment Balance 

122. All upfront payments submitted by applicants in Auction 77 may be
     available to be refunded after the conclusion of the auction;
     subject to any required payments (i.e. winning bid, deficiency,
     and/or default payments). All refunds will be returned to the payer
     of record, as identified on the FCC Form 159, unless the payer
     submits written authorization instructing otherwise.

123. Bidders are encouraged to file their refund information
     electronically using the **Refund Information** icon found on the
     *Auction Application Manager* page or through the **Wire Transfer
     for Refund Purposes** link available in various locations
     throughout the FCC Auction System. If an applicant has completed
     the refund instructions electronically, the refund will be sent
     automatically. If an applicant has not completed the refund
     instructions electronically, the applicant may send a written
     request for the refund, including wire transfer instructions and
     FCC Registration Number (FRN) by facsimile to the Auctions
     Accounting Group at (202) 418-2843 or by mail to:

Federal Communications Commission

Financial Operations

Auctions Accounting Group

Gail Glasser

445 12th Street, SW, Room 1-C864

Washington, DC 20554

> NOTE: Refund processing generally takes up to two weeks to complete.
> Bidders with questions about refunds should contact Gail Glasser at
> (202) 418-0578.

# Contact information

124. Contact Information Table:

+-----------------------------------+---+----------------------------------+---+
| **GENERAL AUCTION INFORMATION**   |   | FCC Auctions Hotline             |   |
+-----------------------------------+---+----------------------------------+---+
| General Auction Questions         |   | \(888\) 225-5322, option two;    |   |
+-----------------------------------+---+----------------------------------+---+
| Auction Process and Procedures    |   | or (717) 338-2868                |   |
|                                   |   |                                  |   |
|                                   |   | Hours of service: 8:00 a.m. --   |   |
|                                   |   | 5:30 p.m. ET,                    |   |
|                                   |   |                                  |   |
|                                   |   | Monday through Friday            |   |
+-----------------------------------+---+----------------------------------+---+
|                                   |   |                                  |   |
+-----------------------------------+---+----------------------------------+---+
| **AUCTION LEGAL INFORMATION**     |   | Auctions and Spectrum Access     |   |
|                                   |   | Division                         |   |
+-----------------------------------+---+----------------------------------+---+
| Auction Rules, Policies,          |   | Sayuri Rajapakse (202) 418-0660  |   |
| Regulations                       |   |                                  |   |
+-----------------------------------+---+----------------------------------+---+
| **LICENSING INFORMATION**         |   | Mobility Division (202) 418-0620 |   |
+-----------------------------------+---+----------------------------------+---+
| Service Rules, Policies,          |   | Erin McGrath (legal)             |   |
| Regulations                       |   |                                  |   |
|                                   |   | Gabriel Ubieta (engineering)     |   |
| Licensing Issues, Engineering     |   |                                  |   |
| Issues                            |   | Denise Walter (licensing)        |   |
|                                   |   |                                  |   |
| Due Diligence, Incumbency Issues  |   |                                  |   |
+-----------------------------------+---+----------------------------------+---+
| **TECHNICAL SUPPORT**             |   | FCC Auctions Technical Support   |   |
|                                   |   | Hotline                          |   |
+-----------------------------------+---+----------------------------------+---+
| Electronic Filing                 |   | \(877\) 480-3201, option nine;   |   |
|                                   |   | or (202) 414-1250                |   |
+-----------------------------------+---+----------------------------------+---+
| FCC Auction System                |   | \(202\) 414-1255 (TTY)           |   |
| (Hardware/Software Issues)        |   |                                  |   |
|                                   |   | Hours of service: 8:00 a.m. --   |   |
|                                   |   | 6:00 p.m. ET,                    |   |
|                                   |   |                                  |   |
|                                   |   | Monday through Friday            |   |
+-----------------------------------+---+----------------------------------+---+
| **PAYMENT INFORMATION**           |   | FCC Auctions Accounting Branch   |   |
+-----------------------------------+---+----------------------------------+---+
| Wire Transfers                    |   | Gail Glasser                     |   |
+-----------------------------------+---+----------------------------------+---+
| Refunds                           |   | \(202\) 418-0578                 |   |
|                                   |   |                                  |   |
|                                   |   | \(202\) 418-2843 (Fax)           |   |
+-----------------------------------+---+----------------------------------+---+
| **AUCTION BIDDER LINE**           |   | Will be furnished only to        |   |
|                                   |   | qualified bidders                |   |
+-----------------------------------+---+----------------------------------+---+
| **FCC COPY CONTRACTOR**           |   | Best Copy and Printing, Inc      |   |
+-----------------------------------+---+----------------------------------+---+
| Additional Copies of              |   | 445 12th Street, SW, Room        |   |
|                                   |   | CY-B402                          |   |
+-----------------------------------+---+----------------------------------+---+
| Commission Documents              |   | Washington, DC 20554             |   |
|                                   |   |                                  |   |
|                                   |   | \(800\) 378-3160                 |   |
|                                   |   |                                  |   |
|                                   |   | [http://www.bcpiw                |   |
|                                   |   | eb.com](http://www.bcpiweb.com/) |   |
+-----------------------------------+---+----------------------------------+---+
| **PRESS INFORMATION**             |   | Chelsea Fallon (202) 418-7991    |   |
+-----------------------------------+---+----------------------------------+---+
| **FCC FORMS**                     |   | \(800\) 418-3676 (outside        |   |
|                                   |   | Washington, DC)                  |   |
|                                   |   |                                  |   |
|                                   |   | \(202\) 418-3676 (in the         |   |
|                                   |   | Washington area)                 |   |
|                                   |   |                                  |   |
|                                   |   | <h                               |   |
|                                   |   | ttp://www.fcc.gov/formpage.html> |   |
+-----------------------------------+---+----------------------------------+---+
| **ACCESSIBLE FORMATS**            | C |                                  |   |
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+-----------------------------------+---+----------------------------------+---+
| Braille, large print, electronic  | \ |                                  |   |
| files, or                         | ( |                                  |   |
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|                                   | ) |                                  |   |
+-----------------------------------+---+----------------------------------+---+
| audio format for people with      | < |                                  |   |
| disabilities                      | f |                                  |   |
|                                   | c |                                  |   |
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|                                   | o |                                  |   |
|                                   | v |                                  |   |
|                                   | > |                                  |   |
+-----------------------------------+---+----------------------------------+---+
| **FCC INTERNET SITES**            | [ |                                  |   |
|                                   | h |                                  |   |
|                                   | t |                                  |   |
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+-----------------------------------+---+----------------------------------+---+

\-- FCC \--

# Attachment A {#attachment-a .unnumbered}

**Auction 77 -- Closed Auction of Licenses for Cellular Unserved Service
Areas**

**DA 08-926**

> This page was intentionally inserted as a placeholder for Attachment
> A, which is available as a separate file.

# ATTACHMENT B {#attachment-b .unnumbered}

**Auction 77 Short-Form Application Filing Instructions**

This attachment provides instructions for filing a short-form
application (FCC Form 175) to participate in Auction 77.

**[Application Preparation and Submission for Auction 77]{.underline}**

An applicant must submit its short-form application (FCC Form 175)
electronically, via the FCC Auction System. **Short-form applications
for Auction 77 must be submitted and confirmed prior to 6:00 p.m. ET on
Friday, May 16, 2008.** Late applications or unconfirmed submissions of
electronic data will not be accepted.

Applicants are reminded that all information required in connection with
applications to participate in spectrum license auctions is necessary to
determine each applicant's qualifications, and as such will be available
for public inspection. Accordingly, an applicant should not include any
unnecessary sensitive information, such as Taxpayer Identification
Numbers or Social Security Numbers, in its short-form application.
Applicants may request that information submitted not be made routinely
available for public inspection following the procedures set forth in
Section 0.459.[^121] Such requests must be included as an attachment to
FCC Form 175 and identify the information to which the request applies.
Because the required information bears on each applicant's
qualifications, confidentiality requests will not be routinely
granted.[^122]

Applicants may make multiple changes to their short-form applications
until the close of the filing window. However, applicants must press the
**SUBMIT** button in the FCC Auction System for the changes to be
submitted and considered by the Commission.

## Minimum Software Requirements

The following software, at a minimum, is required to use the FCC
Integrated Spectrum Auction System:

-   Web Browser, either of the following:

```{=html}
<!-- -->
```
-   Microsoft^®^ Internet Explorer 6.0 or higher (recommended). Your
    browser must have either Microsoft VM or Java Plug-In Version 1.5
    installed.

-   Mozilla^®^ Firefox^®^ 2.0 or higher, with Java Plug-In Version 1.5.

> To obtain Java Plug-In Version 1.5, point your browser at
> [[http://java.sun.com/javase/downloads/index_jdk5.jsp]{.underline}](http://java.sun.com/javase/downloads/index_jdk5.jsp)
> and click the Download button for the Java Runtime Environment (JRE)
> 5.0 option.

-   PDF Viewer: Adobe Acrobat Reader 5.0 or higher (available at
    [***http://www.adobe.com***](http://www.adobe.com/))

> Currently, the Apple^®^ Mac OS^®^ is not supported.

## Logging On

To submit an FCC Form 175 electronically via the Internet, an applicant
should start its web browser and point it to either
<http://auctions.fcc.gov/> (primary location) or
<http://auctions2.fcc.gov/> (secondary location). Once on the *FCC*
*Integrated Spectrum Auction System* page, the applicant may log on to
create a short-form application using its FCC Registration Number
("FRN") and password. To log in, the applicant must enter the FRN it
used to complete its FCC Form 601 for unserved area licenses in the
Cellular Radiotelephone Service.

## Application Filing Instructions

The FCC Form 175 requests information needed to determine whether an
applicant qualifies to participate in competitive bidding for Commission
licenses or construction permits.[^123] Pursuant to Section 1.2105(a),
FCC Form 175 must be submitted electronically. Applicants must submit
required information as entries in the data fields of the FCC Form 175
whenever a data field is available for that information. Attachments
should not be used to provide information that can be supplied within
the data fields of the FCC Form 175.

The screens comprising FCC Form 175 consist of five series, each
requesting five separate types of information: 1) *Applicant
Information*; 2) *License Selection*; 3) *Agreements*; 4) *Ownership*;
and 5) *Certify and Submit*. In addition, *Summary* screens, a sixth
series, appear prior to the *Certify and Submit* screens. The *Summary*
screens provide an overview of an applicant's FCC Form 175 that
facilitates reviewing and revising specific information, as well as an
automated check for certain inconsistencies and omissions in submitted
information.

To simplify filling out FCC Form 175, certain initial information
applicants provide is used to determine what additional information is
needed, and what subsequent screens will appear to collect that
information. For example, a corporate applicant, unlike an individual
applicant, must identify a corporate officer or director responsible for
the application (sometimes called a responsible party). If an applicant
identifies itself as an individual, no additional information is needed
regarding an additional responsible party, and screens requesting
responsible party information will not appear. However, if the applicant
identifies itself as a corporation, subsequent screens in the FCC Form
175 will ask for responsible party information.

Applicants should be able to fill out FCC Form 175 by following the
instructions below. Additional help in filling out FCC Form 175 can be
accessed from the electronic FCC Form 175 in two ways: 1) by clicking on
the **Help** link in the upper right of any screen, which will open
Auction Application Online Filing Help; or 2) by clicking on the text of
any **Common Question** link appearing on the right side of the screen.
The common questions displayed relate to the current screen and vary
from screen to screen. In the event the assistance provided by these
sources is insufficient, filers should use the contact information
provided in the *Procedures Public Notice* to obtain additional
assistance.

### Applicant Information

The *Applicant Information* screens are the first series of screens in
FCC Form 175. In the *Applicant Information* screens, the applicant will
provide basic information including

• the applicant's legal classification (e.g., individual, corporation,
rural telephone cooperative, etc.)

• optional information regarding the applicant's status as a minority-
or woman-owned business or a rural telephone company

• the applicant's name, which will be used as the bidder name during the
auction

• citizenship for individuals, or jurisdiction of formation for legal
entities

• for applicants classified as legal entities (e.g., corporations and
partnerships), the name of and information regarding the entity's
responsible individual

• the name, address, telephone and facsimile number of a contact person
who will communicate with the Commission regarding the applicant's FCC
Form 175[^124]

• the names of up to three persons authorized to bid for the applicant
in the auction

• the applicant's preference for electronic or telephonic bidding

Each screen will specify the information that the applicant must
provide. Please note the following with respect to particular
information requested:

-   Applicants must indicate their legal classification before
    continuing to subsequent screens, because the legal classification
    will determine which subsequent screens will appear.

-   P.O. Boxes may not be used for an applicant's address.

-   To simplify filling out the FCC Form 175, an applicant that has the
    same address as its contact person can click on the **COPY APPLICANT
    ADDRESS** button to automatically fill in the contact person's
    address. P.O. Boxes may not be used for a contact person's address.

-   Applicants must identify at least one authorized bidder. While
    applicants may change their authorized bidders at a later date, in
    Auction 77 only those bidders listed on the FCC Form 175 will be
    authorized to place bids for the applicant during the auction.

-   Any qualified bidder may bid either via the Internet or by telephone
    during the auction. Specifying a preference for electronic or
    telephonic bidding assists the Commission in determining the staff
    required for telephonic bidding.

### License Selection

The *License Selection* screens make up the second series of screens in
FCC Form 175. In the *License Selection* screens, the applicant will
identify the license offered in Auction 77 for which the applicant has
filed a long-form application. Until the applicant selects a license,
the applicant cannot submit the FCC Form 175. Applicants will not be
able to select the license for which they have not filed a long-form
application, and applicants will not be able to change their selection.

### Agreements

The *Agreements* screens are the third series of screens in FCC Form
175. In the *Agreements* screens, applicants will provide information
regarding auction-related agreements subject to disclosure under the
Commission's rules.[^125]

On the first screen, applicants must state whether the applicant has any
agreements that are subject to disclosure under the Commission's rules
by responding yes or no to a question asking whether the applicant has
entered into partnerships, joint ventures, consortia, or other
agreements or understandings of any kind relating to the licenses being
auctioned, including any such agreement relating to the post-auction
market structure. If an applicant answers "No," the applicant will
continue with the *Ownership* series of screens, described below. If the
applicant answers "Yes," the applicant will continue with additional
*Agreements* screens.

In the additional *Agreements* screens, applicants must provide an
identifying name for the agreement and must identify the parties, other
than the applicant, to the agreement. The agreement identifier can be a
brief description of the agreement or a simple reference name; however,
each agreement identifier must be unique. Neither the name of the
agreement or its description should indicate license selection.

The information required for the other parties to an agreement differs
if the party is an individual or entity. Applicants may provide FRNs for
the other parties to the agreement, if available. While providing the
FRN is optional, it helps prevent identification errors resulting from
parties having similar names or a single party using multiple names.

Up to three parties to the agreement (not including the applicant) can
be identified on a single screen. Additional parties can be added by
clicking the **ADD MORE PARTIES** button. In the event of an error, the
name of a party and its associated FRN can be deleted from the form by
clicking on the **RESET** button. After identifying all parties to a
particular agreement, click the **FINISH THIS AGREEMENT** button.

The next screen, the *View/Edit Agreements* screen, lists the agreements
and parties to each agreement that already have been entered. From this
screen, you have the following options:

-   Clicking the **Edit** icon or the **Agreements** link to return to
    the initial *Agreements* screen regarding whether or not the
    applicant has any agreements.

-   Modifying agreement identifiers by clicking on them.

-   Clicking the **Delete This Agreement** link to delete an agreement
    and associated parties.

-   Modifying information regarding a particular party to an agreement
    by clicking on the party's name.

-   Clicking the **Remove** icon next to information about a particular
    party to remove the corresponding party.

-   Clicking the **Add Party to This Agreement** link to add a new party
    to an agreement.

-   Clicking the **CREATE NEW AGREEMENT** button to add additional
    agreements.

When you have identified all agreements and the parties to each
agreement, click the **CONTINUE** button.

### Ownership

The *Ownership* screens are the fourth series of screens in the FCC Form
175. In the *Ownership* screens, applicants will provide information
regarding parties with ownership interests in the applicant that must be
disclosed pursuant to Commission rules.[^126] Commission rules also
require the disclosure and description of FCC-regulated businesses that
are owned by the applicant and parties with certain ownership interests
in the applicant.[^127]

#### Information Already on File with the Commission

Some applicants may have previously filed FCC Form 602 disclosing
ownership information in connection with wireless services. To simplify
filling out FCC Form 175, an applicant's most current FCC Form 602
ownership information on file with the Commission, if in an electronic
format compatible with FCC Form 175, automatically will be entered into
its FCC Form 175 for Auction 77. Applicants with ownership information
automatically entered into FCC Form 175 will proceed directly to the
*View/Edit Ownership* screen described below.

Each applicant is responsible for information submitted in its FCC Form
175 being complete and accurate. Applicants should carefully review any
information automatically entered to confirm that it is complete and
accurate as of the deadline for submitting their short-form applications
for Auction 77. Applicants can update the information directly in the
FCC Form 175. After the deadline for filing this FCC Form 175, ownership
information in a submitted FCC Form 175 will be considered to be the
applicant's most current ownership information on file with the
Commission.

#### Disclosable Interest Holders and FCC-Regulated Businesses 

• Sections 1.2105 and 1.2112(a) of the Commission's rules lists the
interest holders in the applicant that must be disclosed in FCC Form
175.[^128]

• Section 1.2112(a)(7) lists the FCC-regulated business entities, or
applicants for an FCC license, that must be disclosed in FCC Form
175.[^129]

The initial *Ownership* screen enables the applicant to add information
regarding either a disclosable interest holder or the FCC-regulated
businesses in which the applicant has an interest.  Each screen will
specify the information that the applicant must provide.  Please note
the following with respect to particular information requested:

-   **If an application includes one or more disclosable interest
    holders with an indirect ownership in the applicant,**[^130] **the
    application must include an attachment regarding the relationship
    between the indirect interest holder(s) and the applicant.** The
    attachment should provide an overview of the ownership chain that
    links the indirect owners to the applicant, e.g., indirect owner X
    owns 50% of holding company Y; indirect owner Z owns 50% of holding
    company Y; and holding company Y owns 100% of the applicant.[^131]
    One attachment connecting all indirect owners to the applicant is
    sufficient. Applicants should not provide separate attachments for
    each indirect owner. An overview of the ownership connections is
    sufficient. The attachment should not duplicate all the detailed
    information already provided in the data fields of the FCC Form 175.

-   The "Percent of Interest Held in Applicant" should reflect the
    disclosable interest holder's aggregate ownership interest in the
    applicant. In some cases, e.g., circumstances where there is joint
    ownership or indirect ownership resulting in different owners
    sharing the same ownership interests, the sum of all the percentages
    held by disclosable interest holders may exceed 100%.

-   FCC-regulated businesses in which the applicant has an interest can
    be entered from the initial *Add Ownership Disclosure Information*
    screen. FCC-regulated businesses in which a disclosable interest
    holder has an interest can be entered from the *Add FCC Regulated
    Business* screen in the series of screens for entering information
    about a disclosable interest holder.

-   When adding an FCC-regulated business, "Percent of Interest Held"
    refers to the percent of interest held by the applicant or
    disclosable interest holder, as applicable, in the FCC-regulated
    business.

-   To simplify filling out the FCC Form 175, applicants can click on
    the **Select Business(es) Already Submitted** link when entering an
    FCC-regulated business previously entered as an FCC-regulated
    business for the applicant or another disclosable interest holder.
    When doing so, be certain to enter the "Percent of Interest Held" in
    the FCC-regulated business by the current party, either the
    applicant or the disclosable interest holder, with respect to which
    the FCC-regulated business is being entered.

#### View/Edit Ownership Disclosure Information

The *View/Edit Ownership Disclosure Information* screen summarizes
ownership information already entered in the FCC Form 175, either
automatically from compatible ownership information on file with the
Commission or directly by the applicant, and provides links enabling
existing information to be revised and additional information to be
added.

Existing ownership information is divided into three groups:

-   Disclosable Interest Holders of this Applicant

-   FCC-Regulated Businesses of this Applicant

-   Affiliates of this Applicant

To view the detailed information submitted regarding the applicant, a
disclosable interest holder, FCC-regulated business, or an affiliate,
click on the relevant party's name. To delete existing information or
add a new entry in one of the categories, click on the relevant link.
This screen also provides a link enabling applicants to add an
FCC-regulated business directly to an existing disclosable interest
holder, without needing to reenter the disclosable interest holder's
information.

#### Bidding Credit Revenue Information

Bidding credits for designated entities are not available for cellular
unserved area licenses.[^132]

### Summary

The *Summary* screens are the fifth series of screens in FCC Form 175.
The *Summary* screens summarize information applicants have provided in
previous screens, offering an overview of an applicant's FCC Form 175 to
help locate specific information. The *Summary* screens will appear
prior to the *Certify and Submit* screens, in order to permit the
applicant to review all the information entered in previous screens and
to provide an opportunity to check for errors in the information
submitted.

The first *Summary* screen, the *Summary Overview* screen, lists the
first four series of screens in the application and provides a
**VIEW/EDIT** button to access each one.

-   Clicking **VIEW/EDIT** for Applicant Information produces a *Detail
    for Applicant Information* screen showing what you entered for each
    data entry field. To change any data item, click the **Edit** icon
    for the relevant data field

-   Clicking **VIEW/EDIT** for License Selection takes you to the
    *View/Edit License Selection* screen discussed above in the License
    Selection section.

-   Clicking **VIEW/EDIT** for Agreements takes you to the *Agreements*
    screen discussed above in the Agreements section.

-   Clicking **VIEW/EDIT** for Ownership takes you to the *View/Edit
    Ownership Disclosure Information* screen discussed above in the
    Ownership section.

Clicking on the **CHECK ERRORS** button initiates an automated check of
the application. If the automated check encounters any errors that must
be corrected before submitting the application, the error(s) will be
listed in an Error box at the top of the screen. To correct one of these
errors, click its corresponding **EDIT** button. In addition, if the
automated check encounters any apparent errors that might render the
application incomplete if the application is submitted with current
information, the apparent error will be listed in a Warning box. To
revise the information related to the apparent error, click its
corresponding **EDIT** button.

Each applicant is solely responsible for providing complete and accurate
information in its FCC Form 175. The automated check is provided to
assist applicants in completing FCC Form 175. However, the automated
check cannot be relied upon to determine whether the information
provided in the FCC Form 175 is complete or accurate. The automated
check may not catch all errors and applicants cannot rely on the
automated check to determine the completeness or the accuracy of
submitted information.

If the automated check does not encounter any errors, a box will appear
displaying the message "**No Errors found - You may continue to Certify
and Submit.**" Applicants may then click the **CONTINUE TO CERTIFY**
button.

### Attaching Additional Information

If an applicant needs to provide additional information not requested
directly in the screens comprising the FCC Form 175, that information
can be provided in an attachment. For example, applicants can describe
the relationship among indirect owners of the applicant.

The screen for adding an attachment to FCC Form 175 can be accessed by
clicking on the **Attachments** link in the upper right of any screen.
The *Add Attachment* screen requests information regarding the type of
attachment to be added, the name of the file to be attached, and a brief
description of the attachment.

> NOTE: If the attachment is a request for a waiver of any of the
> Commission's rules or procedures, the applicant must identify the
> "Type" of attachment as a "Waiver" to facilitate prompt processing.

Once the requested information is provided, applicants can add the
attachment to the application by clicking on the **ADD ATTACHMENT**
button. A list of any attachments already uploaded along with the
applicant's FCC Form 175 will appear at the bottom of the screen.

When uploading attachments, applicants may use a variety of file
formats, including Word 2000 or earlier, WordPerfect 5.x or later, Adobe
PDF, and ASCII text. Applicants must, however, verify that the files
contain all exhibit information, and files may be no larger than 10 Mb
and must not be password-protected. Graphics files (e.g., .bmp, .tiff,
.jpg) and spreadsheets (e.g., Excel, Lotus) are supported but not
recommended.

### Certify and Submit

The *Certify and Submit* screens are the sixth and final series of
screens in FCC Form 175. In the *Certify and Submit* screens, applicants
will provide certifications required of all participants in the
Commission's competitive bidding processes.[^133]

The first *Certify and Submit* screen requires each applicant to
indicate whether the applicant, any affiliate, any controlling interest,
and any affiliate of a controlling interest have ever been in default on
any Commission license or have ever been delinquent on any non-tax debt
owed to any Federal agency.[^134] Applicants associated with a relevant
entity that previously has been in default or delinquent -- but is not
currently -- may participate in an auction, if otherwise qualified.
However, such applicants must submit an upfront payment equal to 50
percent more than otherwise required.[^135]

The second *Certify and Submit* screen lists the certifications required
of all applicants in the Commission's competitive bidding processes and
requests that the applicant's certifying official be identified and sign
the application.

**Who Can Certify.** A short-form application can be certified by: (1)
the applicant, if the applicant is an individual; (2) one of the
partners, if the applicant is a partnership; (3) an officer, director,
or duly-authorized employee, if the applicant is a corporation; (4) an
officer, if the applicant is an unincorporated association; (5) the
trustee, if the applicant is an amateur radio service club; or (6) a
duly elected or appointed official who is authorized to do so under the
laws of the applicable jurisdiction, if the applicant is a governmental
entity.

All applicants must certify on their short-form applications under
penalty of perjury that they are legally, technically, financially and
otherwise qualified to hold a license.[^136] Applicants are reminded
that submission of a FCC Form 175 constitutes a representation by the
certifying official that he or she is an authorized representative of
the applicant and has read the form's instructions and certifications,
and that the contents of the application, its certifications and any
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. As noted above, a change of certifying
official is considered a major change of the short-form application and
will not be permitted after the short-form deadline.

Once the two *Certify and Submit* screens have been filled out, the
application may be submitted by clicking on the **SUBMIT** button.

After the application has been submitted, a confirmation screen will be
displayed that states the submission time and date, along with a unique
file number. Applicants should print a copy of the confirmation page for
their records. Applicants may then view and print copies of their
submitted applications by clicking on the **PRINT PREVIEW** button.

Short-form applications for Auction 77 must be submitted and confirmed
prior to 6:00 p.m. ET on Friday, May 16, 2008. Late applications or
unconfirmed submissions of electronic data will not be accepted.

### Withdrawing an Application Before the Short-Form Filing Deadline and Updating Existing Applications

#### Withdrawing an Application

To withdraw a submitted application before the short-form application
filing deadline, applicants should click on the **Withdraw Application**
icon on the Auction Application Manager *Create or Review Auction
Applications* page. All previously-submitted data will be deleted.

**Applications may not be withdrawn after the short-form application
filing deadline.**

#### Updating Existing Applications

The *Create or Review Auction Applications* page displays any
application created or submitted within a filing window. This page shows
the application status, the date and time the application was last
updated, and the date and time the application was last submitted. This
page may be used as a reference to confirm the date and time of the most
recent submission of the application.

To review or continue working on an existing application, an applicant
should click the application auction number, which will produce the
application's *Summary* page in a view/edit mode. Applicants must go to
the *Certify and Submit* screens and click the **SUBMIT** button to
submit any changes made to their short-form applications. After the
revised application has been submitted, a confirmation page will be
displayed that states the submission time and date, along with your
unique file number. Applicants should print a copy of the confirmation
page for their records. Applicants may then view and print copies of
their submitted applications by clicking on the **PRINT PREVIEW**
button.

After the filing deadline, applicants may make only minor changes to
their short-form applications. An applicant will not be permitted to
make major modifications to its application (e.g., changes to
applicant's license selections or certifying official, or changes in
control of the applicant.[^137]

### Refund of Upfront Payment 

On *My Auctions* page, applicants can click on the **See Wire Transfer
for Refund Purposes** link to provide wire transfer instructions for
purposes of refunds of upfront payments. The Commission will use this
information to refund excess funds on deposit upon receipt of a written
refund request.

## Application Review

Once the short-form application review process is complete, short-form
applications can be viewed by searching for them in the FCC database. To
start a search, go to either
[***http://auctions.fcc.gov/***](http://auctions.fcc.gov/) (primary
location) or
[***http://auctions2.fcc.gov/***](http://auctions2.fcc.gov/) (secondary
location) and click the **Auction Applications** link in the Public
Access area on the *FCC Integrated Spectrum Auction System* page.

## Technical Support

For technical assistance with using FCC software, contact the FCC
Technical Support Hotline at (877) 480-3201, option nine; (202)
414-1250; or (202) 414-1255 (TTY). The FCC Technical Support Hotline is
available Monday through Friday from 8 a.m. to 6 p.m. ET. All calls to
the FCC Technical Support Hotline are recorded.

*Paperwork Reduction Act Approval*:* * The FCC Form 175 was assigned
control number 3060-0600 and was approved by the Office of Management
and Budget on November 1, 2006.

**ATTACHMENT C**

**AUCTION-SPECIFIC INSTRUCTIONS FOR**

**FCC REMITTANCE ADVICE (FCC FORM 159-February 2003 Edition)**

**[Upfront Payments]{.underline}**

The following information supplements the standard instructions for FCC
Form 159 (Revised 7/05), and is provided to help ensure correct
completion of FCC Form 159 for upfront payments for Auction 77.
Applicants need to complete FCC Form 159 carefully, because:

-   **Mistakes may affect bidding eligibility; and**

```{=html}
<!-- -->
```
-   **Lack of consistency between information provided in FCC Form 159
    (Revised 7/05), 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 short-form application (FCC Form 175) are
    described below:

Block

Number Required Information

> 1 LOCKBOX \# - Enter "358410"
>
> 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 (Revised 7/05).

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 from the Applicant Information section.

> 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).

> 11 Payer FRN - Enter the payer's ten-digit FCC Registration Number
> (FRN) registered in the Commission Registration System (CORES).
>
> 21 Applicant FRN (Complete only if applicant is different than payer.)
> -- Enter the applicant's ten-digit FRN registered in CORES.
>
> 24A Payment Type Code - Enter "A77U"
>
> 25A Quantity - Enter the number "1"
>
> 26A Fee Due - Amount of Upfront Payment
>
> 27A Total Fee - Will be the same amount as 26A.
>
> 28A FCC Code 1 - Enter the number "77" (indicating Auction 77).

NOTES:

-   Do not use Remittance Advice (Continuation Sheet), FCC Form 159-C,
    for upfront payments.

-   If applicant is different from the payer, complete blocks 13 through
    21 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 upfront payments
    for an auction, leave Section E blank.

**[Winning Bidder Requirements, Down Payments and Final
Payments]{.underline}**

Specific information regarding down payments and final payments will be
included in a post-auction public notice announcing the winning bidders.

# ATTACHMENT D {#attachment-d .unnumbered}

**SUMMARY LISTING OF JUDICIAL, COMMISSION AND BUREAU DOCUMENTS
ADDRESSING APPLICATION OF THE ANTI‑COLLUSION RULE**

## Judicial Decisions:

*Star Wireless, LLC v. FCC*, No. 07-1190, slip op. (D.C. Cir. Apr. 22,
2008).

*High Plains Wireless, L.P. v. FCC*, 276 F.3d 599 (D.C. Cir. 2002).

## Commission Decisions:

Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket
No. 06‑150, *Second Report and Order*, FCC 07-123, 22 FCC Rcd 15289,
15395 ¶¶ 285-86, 15489 (2007).

Star Wireless, LLC and Northeast Communications of Wisconsin, Inc.,
*Order on Review*, FCC 07-80, 22 FCC Rcd 8943 (2007).

Amendment of Part 1 of the Commission's Rules -- Competitive Bidding
Procedures, WT Docket No. 97-82, *Seventh Report and Order*, FCC 01-270,
16 FCC Rcd 17546 (2001).

Notice of Apparent Liability for Forfeiture of Western PCS BTA 1 Corp.,
*Memorandum Opinion and Orde*r, FCC 99-385, 14 FCC Rcd 21571 (1999);
Application of Western PCS BTA I Corp., *Notice of Apparent Liability
for Forfeiture,* FCC 98-42, 13 FCC Rcd 8305 (1998).

Notice of Apparent Liability for Forfeiture of US West Communications,
Inc., *Order*, FCC 99-90, 14 FCC Rcd 8816 (1999); Application of US West
Communications, Inc., *Notice of Apparent Liability for Forfeiture,* FCC
98-41, 13 FCC Rcd 8286 (1998).

Application of Mercury PCS II, LLC, *Memorandum Opinion and Order*, FCC
98-203, 13 FCC Rcd 23755 (1998); Applications of: Mercury PCS II, LLC,
*Notice of Apparent Liability for Forfeiture,* FCC 97-388, 12 FCC Rcd
17970 (1997).

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,* FCC 97-413, 13 FCC Rcd 374,
463‑469 ¶¶ 155-166 (1997).

Commercial Realty St. Pete, Inc., *Memorandum Opinion and Order,* FCC
96-400, 11 FCC Rcd 15374 (1996); Commercial Realty St. Pete, Inc.,
*Notice of Apparent Liability for Forfeiture,* FCC 95-58, 10 FCC Rcd
4277 (1995).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, PP Docket No. 93‑253, *Memorandum Opinion and
Order*, FCC 94-295, 9 FCC Rcd 7684, 7687‑7689 ¶¶ 8-12 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, PP Docket No. 93‑253, *Fourth Memorandum Opinion
and Order*, FCC 94-264, 9 FCC Rcd 6858, 6866‑6869 ¶¶ 47-60 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, PP Docket No. 93‑253, *Second Memorandum Opinion
and Order*, FCC 94-215, 9 FCC Rcd 7245, 7253‑7254 ¶¶ 48-53 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, PP Docket No. 93‑253, *Fifth Report and Order,* FCC
94-178, 9 FCC Rcd 5532, 5570‑5571 ¶¶ 91-92 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, PP Docket No. 93‑253, *Second Report and Order*,
FCC 94‑61, 9 FCC Rcd 2348, 2386‑2388 ¶¶ 221‑226 (1994).

## Wireless Telecommunications Bureau Decisions:

Application of Nevada Wireless, *Memorandum Opinion and Order,* DA
98-1137, 13 FCC Rcd 11973 (Wireless Telecom. Bur. 1998).

Applications of High Plains Wireless, L.P., *Memorandum Opinion and
Order,* DA 97-2451, 12 FCC Rcd 19627 (Wireless Telecom. Bur. 1997).

Applications of Mercury PCS II, LLC, *Memorandum Opinion and Order on
Reconsideration,* DA 97-2324, 12 FCC Rcd 18093 (Wireless Telecom. Bur.
1997); Applications of Mercury PCS II, LLC, *Memorandum Opinion and
Order,* DA 97-1782, 13 FCC Rcd 5756 (Wireless Telecom. Bur. 1997).

Applications of GWI PCS, Inc., *Memorandum Opinion and Order,* DA
97-674, 12 FCC Rcd 6441 (Wireless Telecom. Bur. 1997).

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, MM Docket No. 94-131, *Order,*
DA 95-2292, 11 FCC Rcd 9655 (Wireless Telecom. Bur. 1995).

### Public Notices:

Wireless Telecommunications Bureau Reminder of Anti-Collusion Rule
Obligations, *Public Notice*, DA 04-3677, 19 FCC Rcd 22880 (Wireless
Telecom. Bur. 2004).

Wireless Telecommunications Bureau Staff Provides Guidance on Completing
the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of
Licenses for Lower and Upper Paging Bands, *Public Notice*, DA 01-2122,
16 FCC Rcd 16391 (Wireless Telecom. Bur. 2001).

Wireless Telecommunications Bureau Responds to Questions About the Local
Multipoint Distribution Service Auction, *Public Notice*, DA 98-37, 13
FCC Rcd 341 (Wireless Telecom. Bur. 1998).

Wireless Telecommunications Bureau Provides Guidance on the
Anti‑Collusion Rule for D, E and F Block Bidders, *Public* *Notice,* DA
96-1460, 11 FCC Rcd 10134 (Wireless Telecom. Bur. 1996).

FCC Staff Clarifies Application of Anti‑Collusion Rule to Broadband PCS
\"C\" Block Reauction, *Public Notice,* DA 96-929, 11 FCC Rcd 7031 (Auc.
Div. 1996).

Wireless Telecommunications Bureau Clarifies Spectrum Auction
Anti‑Collusion Rules, *Public Notice,* DA 95-2244, 11 FCC Rcd 9645
(Wireless Telecom. Bur. 1995).

### Letters from the Office of General Counsel, the Wireless Telecommunications Bureau and the Media Bureau:

Letter to John Cooper, Aurora Communications, Inc., from Margaret W.
Wiener, DA 06-157, 21 FCC Rcd 523 (Auc. Div. 2006).

Letter to Howard A. Kalmenson, Lotus Communications Corp., from Margaret
W. Wiener, DA 06-156, 21 FCC Rcd 520 (Auc. Div. 2006).

Letter to Colby M. May from Barbara A. Kreisman and Margaret W. Wiener,
DA 05-2445, 20 FCC Rcd 14648 (Video and Auc. Divs. 2005).

Letter to Robert Pettit from Margaret W. Wiener, DA 00-2905, 16 FCC Rcd
10080 (Auc. Div. 2000).

Letter to John Reardon, Mobex Communications, Inc., from Amy J. Zoslov,
DA 98-1861, 13 FCC Rcd 17877 (Auc. Div. 1998).

Letter to Elliott J. Greenwald from Christopher J. Wright, DA 98-644, 13
FCC Rcd 7132 (Gen. Counsel 1998).

Letter to David L. Nace from Kathleen O'Brien Ham, DA 96-1566, 11 FCC
Rcd 11363 (Auc. Div. 1996).

Letter to Mark Grady from Kathleen O'Brien Ham, DA 96-587, 11 FCC Rcd
10895 (Auc. Div. 1996).

Letter to Jonathan D. Blake from Kathleen O'Brien Ham, DA 95-2404, 10
FCC Rcd 13783 (Auc. Div. 1995).

Letter to Leonard J. Kennedy from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau (released
December 14, 1994).

Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau (released
December 1, 1994).

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, 1994).

## Enforcement Bureau Decisions:

Application of Star Wireless, LLC, *Forfeiture Order*, DA 04-3026, 19
FCC Rcd 18626 (Enf. Bur. 2004); Application of Star Wireless, LLC,
*Notice of Apparent Liability for Forfeiture*, DA 03-2722, 18 FCC Rcd
17648 (Enf. Bur. 2003).

Application of Northeast Communications of Wisconsin, Inc., *Forfeiture
Order*, DA 04-3027, 19 FCC Rcd 18635 (Enf. Bur. 2004); Application of
Northeast Communications of Wisconsin, Inc., *Notice of Apparent
Liability for Forfeiture*, DA 03-2723, 18 FCC Rcd 17672 (Enf. Bur.
2003).

## Civil Actions Initiated by U.S. Department of Justice:

*U.S. v. Omnipoint Corp.,* Proposed Final Judgments and Competitive
Impact Statements, Department of Justice, 63 Fed. Reg. 65,228 (Nov. 25,
1998).

"Justice Department Sues Three Firms Over FCC Auction Practices," *Press
Release*, U.S. Department of Justice (Nov. 10, 1998).

Complaint, *U.S.* *v. Omnipoint Corp*., No. 1:98CV02750 (D.D.C. Nov. 10,
1998).

Complaint, *U.S. v.* *Mercury PCS II, L.L.C*., No. 1:98CV02751 (D.D.C.
Nov. 10, 1998).

Complaint, *U.S. v. 21st Century Bidding Corp.*, No*.* 1:98CV02752
(D.D.C. Nov. 10, 1998).

**How to Obtain Copies of the Anti-Collusion Decisions:**

Many of the documents listed in this attachment can be retrieved from
the following Commission web site:
[http://wireless.fcc.gov/auctions/anticollusion](http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion).

The documents may be located by using our search engine (select the link
"search"). Documents retrieved from the web site are available in
various formats including Word, WordPerfect, Acrobat Reader, Excel, and
ASCII Text. To review a document in its entirety, including footnotes,
it is necessary to access the document in WordPerfect, MS Word, or
Acrobat Reader.

Additionally, all of the documents can be ordered in hard copy for a fee
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (800)
378-3160 (telephone) or
[http://www.bcpiweb.com](http://www.bcpiweb.com/).

##  {#section .unnumbered}

[^1]: 47 U.S.C. § 309(j)(3)(E)(i) (requirement to seek comment on
    proposed auction procedures); *see also* 47 U.S.C. § 309(j)(4)(F)
    (authorization to prescribe reserve price or minimum bid); 47 C.F.R.
    § 1.2104(c) and (d).

[^2]: "Closed Auction of Licenses for Cellular Unserved Service Areas
    Scheduled for June 17, 2008; Comment Sought on Competitive Bidding
    Procedures For Auction 77," *Public Notice*, DA 08-543, 23 FCC Rcd
    4492 (2008) ("*Auction 77 Comment Public Notice*").

[^3]: Comments of Excomm, LLC (filed April 4, 2008). Excomm states that
    it is the successor in interest to applicant Chama Wireless, LLC.
    *See id.* at 1 n.1.

[^4]: 47 C.F.R. § 22.99.

[^5]: ULS file numbers 0002299670, 0002299667.

[^6]: *See* 47 C.F.R. § 22.949(b)(3) ("Each Phase II application must
    request authorization for one and only one CGSA.").

[^7]: *See* 47 C.F.R. § 22.949(b)(2).

[^8]: Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding, PP Docket No. 93-253, Amendment of Part 22 of
    the Commission's Rules to Provide for the Filing and Processing of
    Applications for Unserved Areas in the Cellular Service and to
    Modify Other Cellular Rules, CC Docket No. 90-6, *Ninth Report and
    Order*, 11 FCC Rcd 14769, 14770 ¶ 2 (1996) ("*Competitive Bidding
    Ninth Report and Order*").

[^9]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, PP Docket No. 93-252, *Second Report and
    Order*, 9 FCC Rcd 2348, 2376 ¶ 165 (1994) ("*Competitive Bidding
    Second Report and Order*").

[^10]: *Cf.* Letter to J. Dominic Monahan, Esq., counsel to Rob Allen
    Hauser, from Margaret Wiener, Deputy Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, re: Request
    for Refund of Upfront Payment for MX Group FM 130 in Closed
    Broadcast Auction No. 25, DA 01-144, 16 FCC Rcd 2181 (2001); Letter
    to Carl Northrup, counsel to Vodafone Airtouch Licenses, LLC, from
    Margaret Wiener, Deputy Chief, Auctions and Industry Analysis
    Division, Wireless Telecommunications Bureau, re: Request for Refund
    for Licenses Purchased in Auction 26, DA 01-2709, 22 FCC Rcd 22,358
    (2001).

[^11]: 47 C.F.R. Part 1, Subpart Q.

[^12]: 47 C.F.R. Part 22.

[^13]: 47 C.F.R. Part 1.

[^14]: *See*, *e.g.*, Amendment of Part 1 of the Commission's Rules ---
    Competitive Bidding Procedures, *Second Report and Order,* 9 FCC Rcd
    2348 (1994) (*Competitive Bidding Second Report and Order*);
    Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Procedures, *Order on Reconsideration of the Third Report
    and Order*, *Fifth Report and Order*, *and Fourth Further Notice of
    Proposed Rule Making*, 15 FCC Rcd 15293 (2000) (modified by Erratum,
    DA 00-2475 (rel. Nov. 3, 2000)) ("*Part 1 Fifth Report and Order*");
    Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Procedures, *Seventh Report and Order*, 16 FCC Rcd 17546
    (2001) ("*Part 1 Seventh Report and Order*") (amending the
    anti-collusion rule, which is codified at 47 C.F.R. §1.2105(c)).

[^15]: When ordering documents from BCPI, please provide the appropriate
    FCC document number (for example, FCC 96-361 for the *Competitive
    Bidding Ninth Report and Order*, or DA 08-926 for this Public
    Notice).

[^16]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). *See also* *Part 1
    Seventh Report and Order,* 16 FCC Rcd 17546 (2001); *Part 1 Fifth
    Report and Order*, 15 FCC Rcd at 15297-98 ¶¶ 7-8.

[^17]: *See*, *e.g.*, "Wireless Telecommunications Bureau Provides
    Guidance on the Anti-Collusion Rule for D, E, and F Block Bidders,"
    *Public Notice*, DA 96-1460 (rel. August 28, 1996).

[^18]: *See*, *e.g.*, Star Wireless, LLC, *Forfeiture Order*, 19 FCC Rcd
    18626, 18628 ¶ 4, n.19 (EB 2004), (collusion rule applies to
    applicants regardless of whether they are qualified to bid), upheld
    on review, Star Wireless, LLC and Northeast Communications of
    Wisconsin, Inc., *Order on Review,* 22 FCC Rcd 8943 (2007), affirmed
    [Star Wireless, LLC v. FCC]{.underline}, D.C. Cir. No. 07-1190
    (decided April 22, 2008); Letter to Robert Pettit, Esquire, from
    Margaret W. Wiener, Chief, Auctions and Industry Analysis Division,
    Wireless Telecommunications Bureau, Federal Communications
    Commission, 16 FCC Rcd 10080 (WTB 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).

[^19]: 47 C.F.R. § 1.2105(c)(7)(i).

[^20]: Letter to John Cooper, Aurora Communications, Inc., from Margaret
    W. Wiener, DA 06-157, 21 FCC Rcd 523 (Auc. Div. 2006); Letter to
    Howard A. Kalmenson, Lotus Communications Corp., from Margaret W.
    Wiener, DA 06-156, 21 FCC Rcd 520 (Auc. Div. 2006); Letter to Colby
    M. May from Barbara A. Kreisman and Margaret W. Wiener, DA 05-2445,
    20 FCC Rcd 14648 (Video and Auc. Divs. 2005).

[^21]: 47 C.F.R. §1.2105(c)(4).

[^22]: 47 C.F.R. § 1.2105(c)(1).

[^23]: 47 C.F.R. § 1.2105(c).

[^24]: *See Western PCS BTA 1 Corp.*, 14 FCC Rcd 21571 (1999).

[^25]: Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding, PP Docket No. 93-253, *Memorandum Opinion and*
    *Order*, 9 FCC Rcd 7684, 7689 ¶ 12 (1994).

[^26]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶ 6.

[^27]: 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 Order*").

[^28]: *Id*.

[^29]: *See, e.g., Letter to Colby M. May, TCCSA, Inc., d/b/a Trinity
    Broadcasting Network, from Barbara A. Kreisman, Chief, Video
    Division, Media Bureau, and Margaret W. Wiener, Chief, Auctions and
    Spectrum Access Division, Wireless Telecommunications Bureau*, 20
    FCC Rcd 14648 (WTB/MB 2005) (finding apparent violation of
    anti-collusion rule where applicants with mutually exclusive
    applications reported sharing same individual as an officer and
    director and reported having no bidding agreement).

[^30]: Mercury PCS II, LLC, *Notice of Apparent Liability for
    Forfeiture*, 12 FCC Rcd 17970, 17976 ¶ 12 (1997).

[^31]: Mercury PCS II, LLC, *Memorandum Opinion and Order*, 13 FCC Rcd
    23755, 23760 ¶ 11 (1998).

[^32]: 47 C.F.R. § 1.2105(c)(7)(i).

[^33]: Wireless Telecommunications Bureau Clarifies Spectrum Auction
    Anti-Collusion Rules, *Public Notice*, 11 FCC Rcd 9645 (1995)
    ("*Anti-Collusion Public Notice*").

[^34]: *Nevada Wireless Order*, 13 FCC Rcd at 11978 ¶ 13.

[^35]: Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding, PP Docket No. 93-253, *Memorandum Opinion and
    Order*, 9 FCC Rcd 7684, 7689 ¶ 12 (1994).

[^36]: 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^37]: Amendment of Part 1 of the Commission\'s Rules -- Competitive
    Bidding Procedures, WT Docket No. 97-82, *Third Further Notice of
    Proposed Rule Making*, 14 FCC Rcd 21558, 21560 ¶ 4 and n.4 (1999)
    *citing* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding, PP Docket No. 93-253, *Memorandum Opinion
    and* Order, 9 FCC Rcd 7684, 7689 ¶ 12 (1994) ("\[W\]e wish to
    emphasize that all applicants and their owners continue to be
    subject to existing antitrust laws. Applicants should note that
    conduct that is permissible under the Commission\'s Rules may be
    prohibited by the antitrust laws."); Implementation of Section
    309(j) of the Communications Act-Competitive Bidding, PP Docket No.
    93-253, *Fourth Memorandum Opinion & Order*, 9 FCC Rcd 6858, 6869 n.
    134 (1994)("\[A\]pplicants will also be subject to existing
    antitrust laws."). ("*Fourth Memorandum Opinion and Order*").

[^38]: *Competitive Bidding Second Report and Order*, 9 FCC Rcd at 2388
    ¶ 226. *See also* "Justice Department Sues Three Firms Over FCC
    Auction Practices," *Press Release* 98-536 (DOJ Nov. 10, 1998).

[^39]: The Commission has cited a number of examples of such
    anticompetitive behavior. *See, e.g.,* Implementation of Section
    309(j) of the Communications Act-Competitive Bidding, PP Docket No.
    93-253, *Fourth Memorandum Opinion & Order*, 9 FCC Rcd 6858 at 6869
    n.134.

[^40]: Implementation of Section 309(j) of the Communications
    Act-Competitive Bidding, PP Docket No. 93-253, *Fourth Memorandum
    Opinion & Order*, 9 FCC Rcd 6858, 6869 n.134 (1994); *see also*
    *Anti-Collusion Public Notice.*

[^41]: *Anti-Collusion Public Notice*.

[^42]: *Competitive Bidding Second Report and Order*, 9 FCC Rcd at 2388
    ¶ 226.

[^43]: 47 C.F.R. § 1.2109(d); *see also* *Competitive Bidding Second
    Report and Order*, 9 FCC Rcd at 2388 ¶ 226.

[^44]: 47 C.F.R. § 1.2105(c)(6).

[^45]: *See* Service Rules for the 698-746, 747-762 and 777-792 MHz
    Bands, WT Docket No. 06-150, Revision of the Commission's Rules to
    Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC
    Docket No. 94-102, Section 68.4(a) of the Commission's Rules
    Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-309,
    Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27, and
    90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, WT Docket 03-264, Former Nextel Communications, Inc.
    Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 06-169, Implementing a Nationwide,
    Broadband, Interoperable Public Safety Network in the 700 MHz Band,
    PS Docket No. 06-229, Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Communications Requirements Through the Year 2010, WT Docket
    No. 96-86, Declaratory Ruling on Reporting Requirement under
    Commission's Part 1 Anti-Collusion Rule, WT Docket No. 07-166,
    *Second Report and Order*, FCC 07-132, 22 FCC Rcd 15,289, 15,403-04
    ¶¶ 285-286 (2007).

[^46]: 47 C.F.R. § 1.65.

[^47]: *See* 47 C.F.R. §0.459 (requests that materials or information
    submitted to the Commission be withheld from public inspection).
    Filers requesting confidential treatment of documents must be sure
    that the cover page of the filing prominently displays that the
    documents seek confidential treatment. 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).

[^48]: *See* section VI. (contact information), below

[^49]: *See* section II.H. (maintaining current information in
    short-form applications), below.

[^50]: 47 C.F.R. § 1.2107(d).

[^51]: <http://wireless.fcc.gov/auctions/anticollusion>

[^52]: 47 C.F.R. § 1.924.

[^53]: *Id.*

[^54]: 47 C.F.R. Ch. 1, Subpart I.

[^55]: 47 C.F.R. §§ 1.1301-1.1319.

[^56]: 47 C.F.R. Part 1, Appendix C.

[^57]: 47 C.F.R. § 1.2105.

[^58]: *Id*.; *Competitive Bidding* *Second Report and Order*, 9 FCC Rcd
    at 2376 ¶ 163.

[^59]: Section III.D. "Upfront Payments -- Due June 2, 2008," below*.*

[^60]: 47 C.F.R. § 1.2105(a)(2)(v).

[^61]: 47 C.F.R. § 1.2105(b).

[^62]: *See generally,* Extending Wireless Telecommunications Services
    to Tribal Lands, WTB Docket No. 99-266, *Third Report and Order*, 19
    FCC Rcd 17652 (2004); *Second Report and Order and Second Further
    Notice of Proposed Rulemaking*, 18 FCC Rcd 4775, 4778-79 (2003);
    *Report and Order and Further Notice of Proposed Rulemaking*, 15 FCC
    Rcd 11794 (2000).

[^63]: 47 C.F.R. § 1.2105(b)(2).

[^64]: 47 C.F.R. § 1.2105(a)(2)(viii), (c)(1).

[^65]: 47 C.F.R*.* § 1.2105(a)(2)(ix).

[^66]: Section I.B.2. "Prohibition of Collusion; Compliance with
    Antitrust Laws," above*.*

[^67]: 47 C.F.R. § 1.2105(c)(4)(i), (ii).

[^68]: Section I.B.2. "Prohibition of Collusion; Compliance with
    Antitrust Laws," above*.*

[^69]: *Id.*

[^70]: Section 1.2105 requires the disclosure on the short-form
    application of the applicant's ownership information set forth in
    both Sections 1.2105 and 1.2112. 47 C.F.R. §§ 1.2105, 1.2112.

[^71]: *Id.*

[^72]: 47 C.F.R. § 1.2110.

[^73]: 47 C.F.R. § 1.2105(a)(2)(xi); *Part 1 Fifth Report and Order*, 15
    FCC Rcd at 15317 ¶ 42 and n.142.

[^74]: 47 C.F.R. § 1.2105(a)(2)(x); *Part 1 Fifth Report and Order*, 15
    FCC Rcd at 15317 ¶ 42.

[^75]: 47 C.F.R. § 1.2106(a).

[^76]: 47 C.F.R. §§ 1.2105(a)(2)(x) and 1.2105(b)(1); *see Part 1 Fifth
    Report and Order*, 15 FCC Rcd at 15317 ¶ 42 and n.142 ("If any one
    of an applicant's controlling interests or their affiliates...is in
    default on any Commission licenses or is delinquent on any non-tax
    debt owed to any Federal agency at the time the applicant files
    it\[s\] FCC Form 175, the applicant will not be able to make the
    certification required by Section 1.2105(a)(2)(x)...and will not be
    eligible to participate in Commission auctions.")

[^77]: "WTB Reminds Prospective Broadband PCS Spectrum Auction
    Applicants of Default and Delinquency Disclosure Requirements,"
    *Public Notice*, 19 FCC Rcd 21920 (2004) ("*Auction Default
    Disclosure Public* *Notice*"). This public notice may be found at
    <http://wireless.fcc.gov/auctions/58/>.

[^78]: Letter to Cheryl A. Tritt, Esq., Morrison and Foerster, LLP, from
    Margaret Wiener, Chief, Auctions and Spectrum Access Division,
    Wireless Telecommunications Bureau, 19 FCC Rcd 22907 (2004)
    (clarifying the term "debt" or "non-tax debt" as referenced in 47
    C.F.R. §§ 1.2105(a) and 1.2106(a)). This letter may be found at:
    <http://wireless.fcc.gov/auctions/58/>.

[^79]: Even where Commission rules expressly permit late payment,
    subject to payment of an additional late fee, and do not impose a
    final payment deadline, the Commission may in some cases issue a
    demand for payment by a date certain. *See* 47 C.F.R. § 1.1164(a).
    Failure to comply with the terms of a particular demand letter in
    the time period provided may render the subject debt delinquent,
    notwithstanding rules generally permitting late payment.

[^80]: Amendment of Parts 0 and 1 of the Commission\'s Rules;
    Implementation of the Debt Collection Improvement Act of 1996 and
    Adoption of Rules Governing Applications or Requests for Benefits by
    Delinquent Debtors, MD Docket No. 02-339, *Report and Order*, 19 FCC
    Rcd 6540 (2004) (implementing Pub. L. No. 104-134, 110 Stat. 1321,
    1358 (1996)) ("*Debt Collection Report and Order*").

[^81]: *Debt Collection Report and Order*, 19 FCC Rcd at 6541 n.11.
    Footnote 11 specifically mentions 47 C.F.R. § 1.2105(a)(2)(x) and
    (xi).

[^82]: *Auction Default Disclosure Public Notice*, 19 FCC Rcd at 21920
    (addressing relationship between Commission's Red Light Display
    System and FCC Form 175 default and delinquency disclosure
    requirements for auction applicants).

[^83]: *Debt Collection Report and Order*, 19 FCC Rcd 6540. *See* *also*
    47 C.F.R. § 1.1112.

[^84]: Applicants that have their long-form applications dismissed will
    be deemed to have defaulted and will be subject to default payments
    under 47 C.F.R. §§ 1.2104(g) and 1.2109(c).

[^85]: 47 C.F.R. § 1.2110(c)(3).

[^86]: Designated entities are defined as small businesses, businesses
    owned by members of minority groups and/or women, and rural
    telephone companies. *See* 47 C.F.R. § 1.2110(a).

[^87]: 47 C.F.R. § 1.2105(b).

[^88]: We reiterate that, even if an applicant's FCC Form 175 is
    dismissed, the applicant would remain subject to the anti-collusion
    rule until the down-payment deadline, which will occur after the
    auction or the contingent subsequent auction.

[^89]: *See* section I.B.2.g., above.

[^90]: 47 C.F.R. § 1.65.

[^91]: 47 C.F.R. § 1.2105(b)(2).

[^92]: 47 C.F.R. § 12105(a).

[^93]: *See* Section III.D. "Upfront Payments --- Due June 2, 2008,"
    below*.*

[^94]: 47 C.F.R. § 1.2105(b); *see also* Two Way Radio of Carolina,
    Inc., *Memorandum Opinion and Order*, 14 FCC Rcd 12035 (1999).

[^95]: In no event, however, will the FCC send registration materials to
    anyone other than the contact person listed on the applicant's FCC
    Form 175 or respond to a request for replacement registration
    materials from anyone other than the authorized bidder, contact
    person, or certifying official listed on the applicant's FCC Form
    175. *See* Section III.E., below.

[^96]: A wire transfer is a transaction that you initiate through your
    bank. It authorizes your bank to wire funds from your account to our
    lockbox bank, the Mellon Bank in Pittsburgh, PA. Additional
    information on wire transfers is available on the Commission's web
    site at <http://www.fcc.gov/fees/wiretran.html>.

[^97]: The Commission will not accept checks, credit cards, or ACH
    payments.

[^98]: Letter to Patrick Shannon, Counsel for Lynch 3G Communications
    Corp., from Margaret W. Wiener, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, 18 FCC Rcd
    11552 (2003).

[^99]: Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Proceeding, *Order, Memorandum Opinion and Order and Notice
    of Proposed Rule Making*, 12 FCC Rcd 5686, 5697-98 ¶ 16 (1997)
    ("*Part 1 Order*").

[^100]: *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15316-17 ¶¶
    40-42; 47 C.F.R. § 1.2106(a); *see* Section II.E. "Provisions
    Regarding Former and Current Defaulters," above*.*

[^101]: 47 C.F.R. § 1.2110(c).

[^102]: *Auction 77 Comment* *Public Notice* at ¶ 10.

[^103]: 47 C.F.R. § 1.2106(a).

[^104]: *See* Excomm Comments at 1-2.

[^105]: *Id.* at ¶ 9.

[^106]: *See* Excomm Comments at 1-2.

[^107]: 47 U.S.C. § 309(j)(4)(F).

[^108]: 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 375,
    455-456 ¶ 141 (1997) ("*Part 1 Third Report and Order*").

[^109]: *Id*.

[^110]: *Id*.

[^111]: *See* C.F.R. § 1.2104(g)(2).

[^112]: Because this is a closed auction in which two publicly
    identified applicants applied for each of the licenses, the Bureau
    did not propose to implement anonymous bidding procedures for this
    auction.

[^113]: If the amount of the tied bids is a multiple of \$100, the
    minimum bid for the next round will be calculated by adding \$100 to
    the tied bid amount.

[^114]: *See* Excomm Comments at 1-2*.*

[^115]: *See id.* at 2.

[^116]: 47 C.F.R. § 1.2107(b).

[^117]: 47 C.F.R. § 1.2109(a).

[^118]: *See CSEA/Part 1 Report and Order*, 21 FCC Rcd at 903 ¶ 30.

[^119]: 47 C.F.R. § 1.2109(b) and (c).

[^120]: 47 C.F.R. § 1.2109(d).

[^121]: 47 C.F.R. § 0.459.

[^122]: 47 C.F.R. § 0.459(a).

[^123]: *See generally*, 47 C.F.R. § 1.2105.

[^124]: FCC personnel will communicate only with an applicant's contact
    person or certifying official, as designated on the applicant's FCC
    Form 175, unless the applicant's certifying official or contact
    person notifies the Commission in writing that applicant's counsel
    or other representative is authorized to speak on its behalf.

[^125]: 47 C.F.R. § 1.2105(a)(2)(viii).

[^126]: 47 C.F.R. §§ 1.2105(a)(2)(ii)(B), 1.2110 and 1.2112.

[^127]: 47 C.F.R. § 1.2112.

[^128]: 47 C.F.R. §§ 1.2105, 1.2112(a). Section 1.2105 requires the
    disclosure on the short-form application of applicant ownership
    information as set forth in Section 1.2112.

[^129]: 47 C.F.R. § 1.2112(a)(7).

[^130]: 47 C.F.R. § 1.2112(a)(6).

[^131]: *Id*.

[^132]: Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding, PP Docket No. 93-253, Amendment of Part 22 of
    the Commission's Rules to Provide for the Filing and Processing of
    Applications for Unserved Areas in the Cellular Service and to
    Modify Other Cellular Rules, CC Docket No. 90-6, *Ninth Report and
    Order*, 11 FCC Rcd 14769, 14791, ¶ 45 (1996) ("*Competitive Bidding
    Ninth Report and Order*").

[^133]: *See generally*, 47 C.F.R. § 1.2105(a)(2) (iv)-(vii) and
    (ix)-(xi).

[^134]: 47 C.F.R. § 1.2105(a)(2)(xi).

[^135]: 47 C.F.R. § 1.2106(a).

[^136]: 47 C.F.R. § 1.2105(a)(2)(v).

[^137]: 47 C.F.R. § 1.2105(b).