DA 08-595

March 20, 2008

**AUCTION OF 700 MHz BAND LICENSES CLOSES**

**Winning Bidders Announced for Auction 73**

**Down Payments due April 3, 2008**

**FCC Forms 601 and 602 April 3, 2008**

**Final Payments due April 17, 2008**

**Ten-Day Petition to Deny Period**

Report No. AUC-08-73-I (Auction 73)

# INTRODUCTION AND SUMMARY

1.  On March 18, 2008, the Federal Communications Commission completed
    the auction of 1,099 licenses in the 698-806 MHz band (herein, the
    "700 MHz Band"), designated as Auction 73.

2.  Auction 73 concluded with 1,090 provisionally winning bids covering
    1,091 licenses and totaling \$19,592,420,000. The Commission
    conducted Auction 73 using procedures for anonymous bidding, package
    bidding for select licenses, and block-specific aggregate reserve
    prices.[^1] The provisionally winning bids for the A, B, C, and E
    Block licenses exceeded the aggregate reserve prices for those
    blocks.[^2] The provisionally winning bid for the D Block license,
    however, did not meet the applicable reserve price and thus did not
    become a winning bid. Accordingly, Auction 73 raised a total of
    \$19,120,378,000 in winning bids and \$18,957,582,150 in net winning
    bids (reflecting bidders' claimed bidding credit eligibility). In
    total, 101 winning bidders won a total of 1090 licenses. These
    results are summarized in the following table:

  ------- ---------- ------------------ ---------- ------------------ ------------------ ------------------ ----------
  Block   Licenses   Provisionally      Licenses   Reserve Price      Winning Bids Total Net Winning Bids   Licenses
          Offered    Winning Bid (PWB)  with PWBs                                        Total              Won
                     Total                                                                                  

  A       176        \$3,961,174,000    174        \$1,807,380,000    \$3,961,174,000    \$3,875,663,800    174

  B       734        \$9,143,993,000    728        \$1,374,426,000    \$9,143,993,000    \$9,068,382,850    728

  C       12         \$4,748,319,000    12         \$4,637,854,000    \$4,748,319,000    \$4,746,691,000    12

  D       1          \$ 472,042,000     1          \$1,330,000,000    \$0                \$0                0

  E       176        \$1,266,892,000    176        \$903,690,000      \$1,266,892,000    \$1,266,844,500    176

  Total   1,099      \$19,592,420,000   1,091      \$10,053,350,000   \$19,120,378,000   \$18,957,582,150   1,090
  ------- ---------- ------------------ ---------- ------------------ ------------------ ------------------ ----------

3.  As more fully explained below, based on the results of Auction 73,
    the contingent, subsequent auction designated as Auction 76 is not
    necessary with respect to licenses for the A, B, C, and E Blocks. In
    addition, as directed by the Commission, the D Block license will
    not be re-offered immediately in Auction 76.[^3] Accordingly,
    Auction 76 will not be conducted and, upon release of this Public
    Notice, the Commission is making available information previously
    withheld based on the anonymous bidding procedures in effect. That
    information includes the full information results files for Auction
    73, as well as license selections made in applications for Auctions
    73 and 76.

# aUCTION RESULTS

4.  This Public Notice provides detailed information concerning winning
    bidders, down payments, final payments and/or refunds, FCC Forms 601
    and 602 filing requirements, requests for rule waivers, and
    licensing matters. Key information appears in the following
    attachments:

**Attachment A:** "Winning Bids" lists winning bidders and both their
total gross and net winning bid amounts.

> **Attachment B:** "Bidder Payment/Refund" lists down payments and
> final payments owed by winning bidders and refunds due, if any.[^4]
>
> **Attachment C:** "Withdrawal Payment" lists bid withdrawal payments
> owed by bidders, if any.
>
> **Attachment D:** "Instructions for Completing FCC Form 601 & FCC Form
> 602" provides detailed information about how a winning bidder should
> complete the required FCC Form 601 and FCC Form 602 for 700 MHz Band
> license applications.

A copy of this Public Notice will be sent via overnight delivery to each
qualified bidder.

5.  Concurrent with the release of this Public Notice, the Commission is
    making available information previously withheld under the limited
    information procedures for Auction 73. Results files that include
    the identities of bidders and the net amounts of bids are now
    available on the web page for Auction 73
    ([http://wireless.fcc.gov/auctions/73/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=73))
    and in the FCC Auction System (<http://auctions.fcc.gov/>). The
    limited information results files (without the identities of bidders
    and the net amounts of bids) remain available on the web page for
    Auction 73. Additionally, the publicly-available applications to
    participate in the auction, FCC Forms 175, now display the licenses
    selected by each applicant. Further, the separate applications to
    participate in Auction 76, including the licenses selected by each
    applicant are now publicly available. The applications are viewable
    in the FCC Auction System via the Auction Application Search
    (<https://auctionfiling.fcc.gov/form175/search175/index.htm>).
    Finally, concurrent with the release of this Public Notice, we are
    releasing the complete, unredacted versions of letters adopted after
    the short-form application deadline on December 3, 2007, responding
    to requests for waiver.[^5] The letters were previously released in
    redacted form, consistent with the limited information procedures
    for Auction 73.[^6]

6.  The *Auction 73/76 Procedures Public Notice* established procedures
    for Auction 76, so that in the event the reserve price for any of
    the blocks was not met, the Wireless Telecommunications Bureau
    ("Bureau") would be prepared to promptly offer alternative licenses
    for the A, B, C, and/or E Blocks, and to promptly re-offer the D
    Block license if the Commission decided to do so.[^7] Because the
    reserve price was met for the A, B, C, and E blocks, Auction 76 is
    not required for alternative licenses in these spectrum blocks. With
    regard to the D Block, because its aggregate reserve price was not
    met, there is no winning bidder for the license. The Commission has
    determined that, to allow additional time to consider options for
    this spectrum, the D Block license will not be re-offered
    immediately in Auction 76.[^8]

# POST-AUCTION PROCEDURES

## Down Payments

7.  The Commission's rules require that within ten business days after
    the release of this Public Notice, in this case by **6:00 p.m.
    Eastern Time (ET) on April 3, 2008**, winning bidders in Auction 73
    must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania,
    enough funds to cover down payments on winning bids.[^9]
    Specifically, each winning bidder's total deposit must be twenty
    percent of the net amount of its winning bids. If a winning bidder's
    upfront payment is not sufficient to meet this requirement, the
    winning bidder must deposit additional funds to meet its required
    down payment.[^10]

8.  The amount now due from each winning bidder, if any, is set out in
    the "Additional Amount Due after Upfront Payment Balance Applied Due
    by **April 3, 2008**" column of Attachment B. Note that a payment
    and FCC Remittance Advice Form (FCC Form 159) are necessary only if
    a winning bidder's upfront payment does not cover the required total
    down payment (as reflected in Attachment B).

## Final Payments

9.  Each winning bidder will be required to submit the balance of the
    net amount of its winning bids by **April 17, 2008**,[^11] as set
    out in the "Final Balance Due By **April 17, 2008** or (Refund)"
    column of Attachment B. All winning bidders, including those winning
    bidders that apply for a tribal lands bidding credit, must pay the
    full amount of the Final Balance Due shown in Attachment B by **6:00
    p.m. ET on April 17, 2008**, (or by 6:00 p.m. ET on **May 1, 2008**,
    along with the five percent late fee required by Section 1.2109(a)
    of the Commission's rules).[^12] Full and timely payment of winning
    bids and any applicable late fees must be made in accordance with
    Section 1.2109(a) of the Commission's rules and must occur before
    action will be taken upon a winning bidder's long-form application
    (FCC Form 601).[^13] Specifically, licenses will be granted only
    after the full and timely payment of winning bids and any applicable
    late fees, in accordance with Section 1.2109(a).[^14]

10. An applicant's request for a tribal lands bidding credit has no
    effect on the applicant's obligations to make any auction payments
    including down and final payments due before the award of the
    credit. If a request for a tribal lands bidding credit is approved,
    the amount will be calculated and awarded prior to license
    grant.[^15]

## Method of Payment for Down and Final Payments

11. All payments must be in U.S. dollars and made in the form of a wire
    transfer.[^16] No personal checks, credit card payments, automated
    clearing house ("ACH"), or other forms of payment will be accepted.
    All payments must be accompanied by a completed FCC Form 159.[^17]

12. Questions concerning the calculation and submission of down and
    final payments, the FCC Form 159, and refunds should be directed to
    Gail Glasser at (202) 418-0578.

13. To submit funds by wire transfer, winning bidders will need the
    following information:

> ABA Routing Number: 043000261
>
> Receiving Bank: Mellon Pittsburgh
>
> 500 Ross Street
>
> Pittsburgh, PA 15262
>
> BNF: FCC Account Number 911-6106
>
> OBI Field: (Skip one space between each information item) "AUCTIONPAY"
>
> APPLICANT'S FCC REGISTRATION NUMBER (FRN): (same as FCC Form 159,
> block 21)
>
> PAYMENT TYPE CODE: (same as FCC Form 159, block 24A: "A73D")
>
> FCC CODE 1: (same as FCC Form 159, Block 28A: "73")
>
> PAYOR NAME: (same as FCC Form 159, Block 2)

LOCKBOX NO.: #358850

### Down Payment

14. If applicable, a partially completed copy of the FCC Form 159 will
    be sent to winning bidders to facilitate submission of the correct
    down payment. Please note, however, that a winning bidder is
    responsible for ensuring timely submission of the correct down
    payment, timely filing of an accurate and complete FCC Form 159, and
    obtaining confirmation from its financial institution that Mellon
    Bank has timely received the down payment and deposited it into the
    proper account.

15. Wire transfers for down payments must be received by Mellon Bank by
    **6:00 p.m. ET on April 3, 2008**. A winning bidder should
    coordinate with its financial institution ahead of time regarding
    its wire transfer and allow sufficient time for the wire transfer to
    be initiated and completed prior to the deadline.

16. At least one hour before placing the order for the wire transfer
    (but on the same business day), winning bidders must send by fax the
    completed FCC Form 159 to Mellon Bank at (412) 209-6045. Proper
    completion of the FCC Form 159 is critical to ensuring correct
    credit of bidder deposits. A winning bidder must use the same FCC
    Registration Number (FRN) used on its short-form application (FCC
    Form 175).

17. Failure to complete this down payment process by **6:00 p.m. ET on
    April 3, 2008**, will result in default.[^18]

### Final Payment

18. If applicable, a partially completed copy of the FCC Form 159 will
    be sent to winning bidders to facilitate submission of the correct
    final payment. Please note, however, that a winning bidder is
    responsible for ensuring timely submission of the correct final
    payment, timely filing of an accurate and complete FCC Form 159, and
    obtaining confirmation from its financial institution that Mellon
    Bank has timely received the final payment and deposited it into the
    proper account.

19. Wire transfers of final payments must be received by Mellon Bank by
    **6:00 p.m. ET on April 17, 2008**, (or by 6:00 p.m. ET on May 1,
    2008, along with the five percent late fee required by Section
    1.2109(a) of the Commission's rules).[^19] A winning bidder should
    coordinate with its financial institution ahead of time regarding
    its wire transfer and allow sufficient time for the wire transfer to
    be initiated and completed prior to the deadline.

20. Payments must be preceded by the completed FCC Remittance Advice
    Form (FCC Form 159). The winning bidder must send by fax, at least
    one hour prior to placing the order for the wire transfer, but on
    the same business day that it pays the balance due to Mellon Bank, a
    completed FCC Form 159 to Mellon Bank at (412) 209-6045. On the FCC
    Form 159, the applicant must use the same FRN used on its short-form
    application (FCC Form 175).

21. Failure to complete the final payment by **6:00 p.m. ET on May 1,
    2008**, (along with the five percent late fee, if applicable) will
    result in default.[^20]

## Withdrawal, Default and Disqualification Payments 

22. The Commission imposes payment obligations on bidders that withdraw
    provisionally winning bids during the course of an auction, those
    that default on payments due after an auction closes, and those that
    are disqualified.[^21]

### Bid Withdrawal Payments

23. A bidder (Bidder X) that withdraws a provisionally winning bid
    during the course of an auction is subject to a bid withdrawal
    payment obligation equal to the difference between the amount of the
    withdrawn bid and the amount of the subsequent winning bid. No
    withdrawal payment will be assessed for a withdrawn bid if either
    the subsequent winning bid or any of the intervening subsequent
    withdrawn bids equals or exceeds that withdrawn bid. If a
    provisionally winning bid is withdrawn on a license that remains
    unsold at the close of the auction, Bidder X will be required to
    make an interim payment equal to ten percent of the net amount of
    the withdrawn bid.[^22] This payment amount is deducted from any
    upfront payments or down payments that Bidder X has deposited with
    the Commission. If, in a subsequent auction, that license receives a
    valid bid in an amount equal to or greater than the withdrawn bid
    amount, then no final bid withdrawal payment will be assessed and,
    upon appropriate request, the Commission will refund the interim ten
    percent payment. If, in a subsequent auction, the winning bid amount
    for that license is less than Bidder X's withdrawn bid amount, then
    Bidder X will be required to make a final bid withdrawal payment
    equal to either the difference between Bidder X's net withdrawn bid
    and the subsequent net winning bid, or the difference between Bidder
    X's gross withdrawn bid and the subsequent gross winning bid,
    whichever difference is smaller. The ten percent interim payment
    will be applied toward the withdrawal payment.

24. **Attachment C** identifies bidders that owe withdrawal payments to
    the Commission as a result of bid withdrawals made in Auction 73.
    Any upfront payments or down payments that the withdrawing bidder
    has deposited with the Commission will first be applied to satisfy
    the withdrawal payment(s) amount before being applied toward a
    winning bidder's down payment.[^23]

### Bid Default/Disqualification Payments from Auction 73

25. If a winning bidder defaults or is disqualified after the close of
    the auction (i.e., fails to remit the required down payment within
    the prescribed period of time, fails to submit a timely long-form
    application, fails to make full payment, or is otherwise
    disqualified), the defaulting bidder will be subject to the payment
    obligations described in Section 1.2104(g)(2).[^24] These payment
    obligations 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 the same spectrum
    is won in an auction, plus an additional payment equal to a percent
    of the defaulter's bid or the subsequent winning bid, whichever is
    less.[^25] The Bureau set the additional default payment for the
    auction of 700 MHz Band licenses at fifteen percent of the
    applicable bid for licenses in A, B, and E Blocks and ten percent of
    the applicable bid for the D Block. [^26] Pursuant to the
    Commission's rules regarding licenses subject to package bidding,
    the additional default payment percentage is twenty-five percent of
    the applicable bids for C Block licenses.[^27]

26. If a winning bidder fails to remit the required down payment within
    ten business days after the Commission has released this Public
    Notice, in this case by **April 3, 2008**, the bidder will be deemed
    to have defaulted, its long-form application will be dismissed, and
    it will be liable for a default payment as described above.[^28]

27. If a winning bidder fails to pay the balance of its winning bid in a
    lump sum by the applicable deadline as specified by the Commission,
    it will be allowed to make a late payment within ten business days
    after the payment deadline, provided that it also pays a late fee
    equal to five percent of the amount due.[^29] When a winning bidder
    fails to pay the balance of its winning bid plus the late fee by the
    late payment deadline, it will be deemed to have defaulted on its
    license(s) and subject to applicable default payments.[^30]

28. Licenses will be awarded upon completion of the review of each
    applicant's long-form application and a determination that the
    applicant's long-form application meets Commission requirements for
    grant, but only after the full and timely payment of winning bids
    and any applicable late fees.[^31] If a winning bidder defaults on
    any of its required payments or is disqualified for any reason after
    having made the required payments, it will be deemed to have
    defaulted, its application will be dismissed, and it will be liable
    for the payment set forth in Section 1.2104(g)(2).[^32]

29. In the event of a default, the Commission, at its discretion, may
    either auction the license to existing or new applicants or offer it
    to the other highest bidders (in descending order) at their final
    bids.[^33]

30. Additionally, a bidder that is found to have violated the antitrust
    laws or the Commission's rules in connection with its participation
    in the competitive bidding process may be subject, in addition to
    any other applicable sanctions, to forfeiture of its upfront
    payment, down payment, or full bid amount, and may be prohibited
    from participating in future auctions.[^34]

## Refund of Excess Payments 

31. Upfront monies on deposit that are in excess of an applicant's
    Auction 73 obligations may be refunded to the payer of record as
    identified on the FCC Form 159. To be eligible to receive a refund,
    an applicant must submit a refund request and provide wire transfer
    instructions. Applicants can provide this information by accessing
    the "See Wire Transfer for Refund Purposes" link under the
    Post-Auction section of the My Auctions web page by **April 3,
    2008**. After this date, applicants must send a request for refund
    along with the necessary wire transfer instructions and FRN by
    facsimile to Gail Glasser of the Office of the Managing Director
    at (202) 418-2843. Any questions concerning refunds should be
    referred to Gail Glasser at (202) 418-0578.

32. Under the Digital Television Transition and Public Safety Act of
    2005 ("DTV Act"), the Commission is subject to a statutory deadline
    for depositing proceeds from Auction 73 in the Digital Television
    Transition and Public Safety Fund.[^35] In establishing service
    rules for the 700 MHz Band, the Commission noted that, in order to
    comply with this deadline, it would deposit payments made towards
    winning bids for 700 MHz Band licenses by successful bidders as of
    the June 30, 2008, deposit deadline even if that date occurs prior
    to the completion of the licensing process.[^36]

## FCC Form 601

33. Prior to **6:00 p.m. ET on April 3, 2008**, each winning bidder must
    submit electronically a properly completed long-form application
    (FCC Form 601) for all licenses for which it was the winning bidder
    in Auction 73. Attachment D provides instructions for completing the
    long-form application and describes how certain information will be
    automatically transferred from a winning bidder's short-form
    application (FCC Form 175) to its long-form application (FCC Form
    601).

34. An applicant that fails to submit the required long-form application
    before the specified deadline and fails to establish good cause for
    any late-filed submission shall be deemed to have defaulted and
    shall be subject to the payments set forth in Section 1.2104(g) of
    the Commission's rules.[^37]

## Tribal Lands Bidding Credit

35. The Commission has implemented a tribal lands bidding credit to
    encourage the growth of wireless services in federally recognized
    tribal lands. For information relating to the tribal lands bidding
    credit, see Attachment D.

## FCC Form 602 

36. Pursuant to Sections 1.919 and 1.2107(f) of the Commission's rules,
    an applicant for a license in an auctionable service must have on
    file with the Commission a current FCC Form 602 reporting the
    applicant's complete and accurate ownership information.[^38] Filing
    an FCC Form 602 is a separate requirement from, and in addition to,
    the ownership reporting requirements associated with filing an FCC
    Form 601, Exhibit A, as set forth in Attachment D.[^39] For further
    information on filing the FCC Form 602 Ownership Disclosure
    Information through electronic filing, see instructions in
    Attachment D.

## Maintaining Accuracy of Information

37. After the auction closes, applicants are required to make all
    changes in the Commission's Universal Licensing System ("ULS") using
    FCC Form 601.[^40] With the release of this Public Notice,
    applicants are no longer required to maintain the accuracy and
    completeness of information furnished on their short-form
    applications and exhibits.

## Application Processing and License Grant

38. After its initial review of the long-form applications, the
    Commission will issue a public notice listing the applications that
    are acceptable for filing. Pursuant to Section 1.2108(b) of the
    Commission's rules, interested parties will have ten days from
    release of that public notice to file petitions to deny any of these
    applications.[^41] An applicant may file an opposition to any
    petition to deny within five business days after the time for filing
    petitions to deny has expired.[^42] The petitioner may file a reply
    to such opposition within five business days after the time for
    filing oppositions has expired.[^43] After the long-form review
    process, if the Commission determines that additional payments from
    applicants may be required, the Bureau will provide further
    instructions in a future public notice regarding any such additional
    payments. If the Commission determines that an applicant is
    otherwise qualified, that there are no substantial and material
    issues of fact, and that no additional payments are due, it will
    issue a public notice announcing grant of the license to the
    applicant.[^44]

39. The Commission reminds parties to our proceedings and their
    attorneys that the Commission intends to use its authority fully to
    deter the filing of frivolous pleadings.[^45]

# OTHER IMPORTANT INFORMATION

## Anti-Collusion Rules

40. To ensure the competitiveness of the auction process, the
    Commission's rules prohibit competing applicants from communicating
    with each other about bids, bidding strategies, or settlements,
    unless such applicants have identified each other on their
    short-form applications as parties with whom they have entered into
    agreements under Section 1.2105(a)(2)(viii).[^46]

41. As explained more fully in the *Auction 73 Qualified Bidders Public
    Notice*, this prohibition began at the short-form application filing
    deadline and continues until the down payment deadline after Auction
    73 or, if necessary, Auction 76.[^47] In this case, since Auction 76
    will not be held, the anti-collusion rule period extends until 6:00
    p.m. ET on **April 3, 2008**.

42. The collusion prohibition applies to all applicants in Auction 73
    (unless they have identified each other on their short-form
    applications as parties with whom they have entered into agreements
    under Section 1.2105(a)(2)(viii)) regardless of whether an applicant
    became a qualified bidder or actually participated in the bidding,
    and the prohibition continues for all applicants until the down
    payment deadline regardless of whether a winning bidder needs to
    make an additional payment by the down payment deadline.[^48]
    Applicants certified their compliance with Section 1.2105(c) when
    their short-form applications were signed.

## Return of SecurID® Tokens

43. The SecurID^®^ tokens distributed to qualified bidders are tailored
    to this auction and will not work for future auctions. Bidders
    should return their SecurID^®^ tokens to the Commission for
    recycling. The Commission will send bidders, along with the copy of
    this Public Notice, a pre-addressed, stamped envelope to return the
    SecurID^®^ tokens. Bidders should return the tokens by **April 17,
    2008**.

## Contact Information

+-------------------------------+--------------------------------------+
| News Media:                   | Chelsea Fallon at (202) 418-7991     |
|                               |                                      |
|                               | (Wireless Telecommunications Bureau) |
+-------------------------------+--------------------------------------+
|                               |                                      |
+-------------------------------+--------------------------------------+
| Technical Support Hotline:    | FCC Auctions Technical Support       |
|                               | Hotline at                           |
| (hardware/software issues)    |                                      |
|                               | \(877\) 480-3201, option nine; (202) |
|                               | 414-1250;                            |
|                               |                                      |
|                               | or (202) 414-1255 (TTY)              |
+-------------------------------+--------------------------------------+
|                               |                                      |
+-------------------------------+--------------------------------------+
| Office of the Managing        | Gail Glasser at (202) 418-0578       |
| Director                      |                                      |
|                               |                                      |
| Auctions Accounting Group     |                                      |
|                               |                                      |
| (payment, FCC Form 159 and    |                                      |
| refund questions)             |                                      |
+-------------------------------+--------------------------------------+
|                               |                                      |
+-------------------------------+--------------------------------------+
| Wireless Telecommunications   | Erin McGrath, Attorney, at (202)     |
| Bureau,                       | 418-0620                             |
|                               |                                      |
| Mobility Division             | Keith Harper, Engineer, at (202)     |
|                               | 418-0620                             |
| (FCC Form 601 and 602         |                                      |
| questions)                    | Denise Walter, Licensing, at (202)   |
|                               | 418-0620                             |
+-------------------------------+--------------------------------------+
|                               |                                      |
+-------------------------------+--------------------------------------+
| Wireless Telecommunications   | Lisa Stover, Project Manager, at     |
| Bureau, Auctions and Spectrum | (717) 338-2868                       |
| Access Division               |                                      |
| (auction-related questions)   | Jeff Crooks, Auctions Analyst at     |
|                               | (202) 418-2074                       |
|                               |                                      |
|                               | Scott Mackoul, Attorney, at (202)    |
|                               | 418-0660                             |
+-------------------------------+--------------------------------------+

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

\- FCC -

[^1]: *See generally* "Auction of 700 MHz Band Licenses Scheduled for
    January 24, 2008; Notice and Filing Requirements, Minimum Opening
    Bids, Upfront Payments and Other Procedures for Auction 73 and 76,"
    *Public Notice*, DA 07-4171, 22 FCC Rcd 18,141(2007) ("*Auction
    73/76 Procedures Public Notice*").

[^2]: In earlier proceedings, the Commission considered the 700 MHz Band
    in two parts, 698-746 MHz (the "Lower 700 MHz Band") and 746-806 MHz
    (the "Upper 700 MHz Band"). The Lower 700 MHz Band was divided into
    blocks A through E, and the Upper 700 MHz Band was divided into
    blocks A through D. The Commission previously assigned licenses for
    the C and D Blocks in the Lower 700 MHz Band and for the A and B
    Blocks in the Upper 700 MHz Band. Consequently, the blocks remaining
    to be licensed are the Lower 700 MHz Band A, B, and E Blocks, and
    the Upper 700 MHz Band C and D Blocks. As the letters identifying
    the blocks remaining to be licensed in the Lower and Upper 700 MHz
    Bands do not overlap, the frequency blocks offered in Auction 73 are
    referred to as the A, B, E, C and D Blocks, without repeating the
    Lower 700 MHz Band and Upper 700 MHz Band designation.

[^3]: *See* Auction of the D Block License in the 758-763 and 788-793
    MHz Bands, *Order*, FCC 08-91 (rel. Mar 20, 2008) ("*Auction 73/76 D
    Block Order*").

[^4]: The amounts listed in Attachment B are based on upfront payments
    and winning bids.

[^5]: *See* Letter to L. Elizabeth Bowles, from Margaret W. Wiener,
    Chief, Auctions and Industry Analysis Division, Wireless
    Telecommunications Bureau, DA 08-612 (rel. Mar 20, 2008); Letter to
    William A. Gaylord, from Margaret W. Wiener, Chief, Auctions and
    Industry Analysis Division, Wireless Telecommunications Bureau, DA
    08-614 (rel. Mar 20, 2008); Letter to Carl Northrup and Lisa
    Roberts, from Margaret W. Wiener, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, DA 08-616
    (rel. Mar 20, 2008); Letter to Carl Northrup and Lisa Roberts, from
    Margaret W. Wiener, Chief, Auctions and Industry Analysis Division,
    Wireless Telecommunications Bureau, DA 08-618 (rel. Mar 20, 2008);
    Letter to Jonathan Blake, Gerard Waldron, Christine E. Enemark, and
    Christopher G. Tygh from Fred B. Campbell, Jr., Chief, Wireless
    Telecommunications Bureau, DA 08-620 (rel. Mar 20, 2008); Letter to
    David O'Neil, Esq., from Margaret W. Wiener, Chief, Auctions and
    Industry Analysis Division, Wireless Telecommunications Bureau, DA
    08-622 (rel. Mar 20, 2008).

[^6]: The Wireless Telecommunications Bureau released all five redacted
    letters on January 23, 2008. *See* DA 08-96; DA 08-97; DA 08-98; DA
    08-99; DA 08-100; and DA 08-147.

[^7]: *See Auction 73/76 Procedures Public Notice*, 22 FCC Rcd 18,212-17
    ¶¶ 271-293.

[^8]: *See Auction 73/76 D Block Order*.

[^9]: 47 C.F.R. § 1.2107(b). Although U.S. Bank replaced Mellon Bank on
    February 14, 2008, as the Commission's lockbox bank, Mellon Bank
    remains at this time the lockbox bank for auctions-related payments.
    *See* "Federal Communications Commission Names U.S. Bank As New
    Lockbox Bank Used for Filing Applications and Non-Auction Payments;
    Mellon Bank Remains As Lockbox Bank for All 700 MHz Auction
    Payments," *News* *Release*, rel. Feb. 12, 2008
    (<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280191A1.pdf>).
    As a result, payments for any obligations arising from Auction 73
    will continue to be received *only* by Mellon Bank.

[^10]: *Id*. In the event a bidder has withdrawn a bid(s) and is subject
    to a bid withdrawal payment(s), the bidder's upfront payment will be
    first applied to satisfy the withdrawal payment(s) before being
    applied toward its down payment. *See* 47 C.F.R. § 1.2104(g)(1).

[^11]: 47 C.F.R. § 1.2109(a).

[^12]: *Id.*

[^13]: 47 C.F.R. § 1.2109. A winning bidder that is found unqualified to
    be a Commission licensee will be deemed to have defaulted, its
    application will be dismissed, and it will be liable for the payment
    set forth in Section 1.2104(g)(2) of the Commission's rules. *See*
    47 C.F.R. §§ 1.2104(g), 1.2109(c).

[^14]: 47 C.F.R. § 1.2109(a).

[^15]: 47 C.F.R. § 1.2110(f)(3)(vi).

[^16]: The wire transfer must be initiated by the winning bidder through
    its bank, authorizing the bank to wire funds from the bidder's
    account to Mellon Bank in Pittsburgh, PA, which will receive
    payments for financial obligations resulting from Auction 73.
    Additional information on wire transfers is available on the
    Commission's web site at: <http://www.fcc.gov/fees/wiretran.html>.

[^17]: Copies of the FCC Form 159 may be obtained by calling the
    Commission's Forms Distribution Center at (800) 418-3676 (outside
    Washington, DC) or (202) 418-3676. Copies of the FCC Form 159 can
    also be obtained via the Internet
    (<http://www.fcc.gov/formpage.html>) or by calling from the handset
    of a fax machine the Commission's Fax Information System at (202)
    418-2830.

[^18]: Section D, below.

[^19]: 47 C.F.R. § 1.2109(a).

[^20]: Section D, below.

[^21]: *See* 47 C.F.R. §§ 1.2104(g), 1.2109.

[^22]: *See* 47 C.F.R. § 1.2104(g)(1). *See also* *Auction 73/76*
    *Procedures Public Notice*, 22 FCC Rcd at 18,219 ¶ 300.

[^23]: *See* 47 C.F.R. § 1.2104(g)(1).

[^24]: 47 C.F.R. § 1.2104(g)(2).

[^25]: *Auction 73/76 Procedures* *Public Notice*, 22 FCC Rcd at 18,219
    ¶ 301.

[^26]: *Id.* at 18,221 ¶ 305. *See also* Auction of 700 MHz Band
    Licenses; Revised Procedure for Auctions 73 and 76: Additional
    Default Payment for D Block Set at Ten Percent of Winning Bid
    Amount; Disputed Issues in the Negotiation of Network Sharing
    Agreement, *Public Notice*, DA 07-4514, 22 FCC Rcd 19,320 (2007).

[^27]: 47 C.F.R. § 1.2104(g)(2)(ii).

[^28]: 47 C.F.R. §§ 1.2104(g), 1.2109(g)(2).

[^29]: 47 C.F.R. § 1.2109(a).

[^30]: 47 C.F.R. §§ 1.2104(g)(2), 1.2109(a), 1.2109(c).

[^31]: 47 C.F.R. § 1.2109(a).

[^32]: 47 C.F.R. §§ 1.2104(g)(2), 1.2109.

[^33]: 47 C.F.R. § 1.2109(b)-(c).

[^34]: 47 C.F.R. § 1.2109(d).

[^35]: *See* 47 U.S.C. §309(j)(15)(C)(v); *see also* Deficit Reduction
    Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) ("DRA"). Title
    III of the DRA is the DTV Act.

[^36]: 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 15289, 15405-06 ¶¶
    319-321 (2007), recon. pending.

[^37]: 47 C.F.R. §§ 1.2104(g), 1.2107(c).

[^38]: 47 C.F.R. §§ 1.919, 1.2107(f).

[^39]: The FCC Form 601 ownership reporting requirement can be fulfilled
    by referencing the file number, date, and name of filer of the
    appropriate FCC Form 602. See discussion in Attachment D.

[^40]: 47 C.F.R. § 1.65.

[^41]: 47 C.F.R. § 1.2108(b).

[^42]: 47 C.F.R. §§ 1.45(b), 1.2108(c).

[^43]: 47 C.F.R. §§ 1.45(c), 1.2108(c)*.*

[^44]: *See* 47 C.F.R. §§ 1.2108(d), 1.2109(a).

[^45]: *See* Commission Taking Tough Measures Against Frivolous
    Pleadings, *Public Notice*, 11 FCC Rcd 3030 (1996).

[^46]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). *See also*
    Amendment of Part 1 of the Commission\'s Rules -- Competitive
    Bidding Procedures, WT Docket No. 97-82, *Seventh Report and Order*,
    16 FCC Rcd 17546 (2001); *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, 15297-98 ¶¶ 7-8 (2000).

[^47]: Auction of 700 MHz Band Licenses; 214 Bidders Qualified to
    Participate in Auction 73, *Public Notice*, DA 08-83, 23 FCC Rcd
    276, 283-85 ¶¶ 36-40 (2008); *see also Auction 73/76 Procedures
    Public Notice*, 22 FCC Rcd 18,150-51 ¶ 20.

[^48]: *Id*.