September 18, 2008

**DA 08-2115**

**[Via Certified Mail, Return Receipt Requested]{.underline}**

V. David Miller II, President

Cross Telephone Company

704 3^rd^ Avenue

Warner, OK 74469

**Re: Final Bid Withdrawal Payment for Auction 66**

Dear Mr. Miller:

Cross Telephone Company ("Cross"), a participant in Auction 66, withdrew
its high bid on the Advanced Wireless Service license AW-CMA331-A
(Arkansas 8 - Franklin) in that auction. Auction 78, the subsequent
auction for that license, has closed.[^1] As shown on Attachment A, in
accordance with the Federal Communications Commission's ("Commission's")
rules, we are now able to calculate Cross's final bid withdrawal payment
obligation.

Under the Commission's rules, a bidder that withdraws a high bid during
the course of an auction is subject to a bid withdrawal payment equal to
the difference between the amount of the withdrawn bid and the amount of
the subsequent winning bid. Under the rule in effect at the time of
Auction 66, if a high bid is withdrawn on a license that remains unsold
at the close of the auction, the withdrawing bidder will be required to
make an interim payment equal to ten percent (10%) of the net amount of
the withdrawn bid.[^2] This payment amount is deducted from any upfront
payments or down payments deposited for the bidder's account with the
Commission.[^3] If, in a subsequent auction, that license receives a
winning bid in an amount equal to or greater than the withdrawn bid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

(10%) payment.[^4] If, in a subsequent auction, the winning bid for that
license is less than the bidder's withdrawn amount, then the bidder will
be required to make a final bid withdrawal payment equal to either the
difference between the bidder's net withdrawn bid and the subsequent net
winning bid, or the difference between the bidder's gross withdrawn bid
and the subsequent gross winning bid, whichever is less.[^5]

As shown in Attachment A, in accordance with Section 1.2104(g)(1), after
applying any interim bid withdrawal payments or amounts on deposit with
the Commission, Cross has a refund due of \$3,910.00.

**Ordering Clauses**

Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309 of
the Communications Act of 1934 as amended, 47 U.S.C. §§ 154(i), 309, and
Section 1.2104(g) of the Commission's rules, 47 C.F.R. §§ 1.2104(g),
Cross Telephone Company is ASSESSED a final bid withdrawal payment as
computed in Attachment A.

IT IS FURTHER ORDERED that, pursuant to 47 C.F.R. §§ 1.2104 and 1.2106,
Cross Telephone Company's interim bid withdrawal payment or funds on
deposit will be applied towards the sum of the final bid withdrawal
payment.

IT IS FURTHER ORDERED that, in accordance with Section 1.2104 of the
Commission's rules, the Commission is prepared to refund to the payor(s)
of record, the remaining funds withheld in connection with Cross
Telephone Company's withdrawal referenced above. To obtain a refund, the
payor(s) of record[^6] must submit a request(s) in accordance with the
instructions set forth in Attachment B.

IT IS FURTHER ORDERED that this letter shall be sent to the applicant
and its representatives by certified mail, return receipt requested.
This action is taken pursuant to authority delegated by Section 0.331 of
the Commission's rules, 47 C.F.R. § 0.331.

Sincerely,

Margaret Wiener

Chief, Auctions and Spectrum Access Division

> Wireless Telecommunications Bureau

## 

##  

## 

## 

## ATTACHMENT A

**Multi-Auction Bid Withdrawal Payment/Refund Report**

+---------+--------+---------+--------+----------+----------+--------+
| **Li    | *      | **Wi    | **     | **Re-a   | **10%    | *      |
| cense** | *Withd | thdrawn | Re-auc | uction** | Deposit  | *Final |
|         | rawn** | Net Bid | tion** |          | Withheld | Bid    |
| *       |        | Auction |        | **Net    | from     | With   |
| *Number | *      | 66**    | *      | Bid**    | Auction  | drawal |
| Fr      | *Gross |         | *Gross |          | 66**     | Pay    |
| equency | Bid    |         | Bid    | *        |          | ment** |
| Block** | A      |         | A      | *Auction |          |        |
|         | uction |         | uction | 78**     |          |        |
|         | 66**   |         | 78**   |          |          |        |
+---------+--------+---------+--------+----------+----------+--------+
| AW-C    | \$46,  | \$39    | \$19,  | \$19     | \$       | **\$   |
| MA331-A | 000.00 | ,100.00 | 000.00 | 0,000.00 | 3,910.00 | 0.00** |
+---------+--------+---------+--------+----------+----------+--------+

+----------------------------------------+-----------------------------+
| Total Final Bid Withdrawal             | \$0.00                      |
|                                        |                             |
| Obligation for AW-CMA331-A             |                             |
+----------------------------------------+-----------------------------+
| Less Total of Interim Withdrawal       | \$3,910.00                  |
| Payment and Amounts on Deposit         |                             |
+----------------------------------------+-----------------------------+
| **Total Refund Due for**               | **\$3,910.00**              |
|                                        |                             |
| **AW-CMA331-A**                        |                             |
+----------------------------------------+-----------------------------+

## 

## 

## 

## 

**[ATTACHMENT B]{.underline}**

The Commission will make refunds upon compliance with the following
procedures:

-   For each payor of record, submit an Automated Clearing House
    Vendor/Miscellaneous Payment Enrollment Form ("ACH Form") (see
    sample attached).[^7] You may obtain additional copies of this form
    at [http://www.fms.treas.gov/pdf/3881.pdf]{.underline}.

> The ACH form may be either faxed or mailed to the Commission. The fax
> number is (202) 418-2843. The mailing address is: Federal
> Communications Commission, Office of the Managing Director, Attention:
> Auctions Accounting Group, Room 1-C846, 445 12^th^ Street SW,
> Washington, DC 20554. If you have questions concerning the completion
> of this form, please contact Gail Glasser at (202) 418-0578.

-   Submit a letter (along with the ACH form) signed by the payor of
    record, requesting a refund. The Commission will calculate the
    amount of the applicable refund.

Refunds will be processed within approximately two weeks of the
Commission's receipt of the ACH form and accompanying letter from the
payor of record.

-FCC-

[^1]: *See* Auction of AWS-1 and Broadband PCS Licenses Closes, Winning
    Bidders Announced for Auction 78, *Public Notice*, 23 FCC Rcd 12,749
    (2008).

[^2]: ^?^ *See* Implementation of Section 309(j) of the Communications
    Act---Competitive Bidding, PP Docket No. 93-253, *Fifth Report and
    Order*, 9 FCC Rcd 5532, 5563 n. 51 (1994); "Auction of Advanced
    Wireless Services Licenses Scheduled for June 29, 2006, Notice and
    Filing Requirements, Minimum Opening Bids, Upfront Payments and
    Other Procedures for Auction No. 66," *Public Notice,* 21 FCC Rcd
    4562 (2006).

[^3]: ^?^ *See* 47 C.F.R. § 1.2106(d) and (e).

[^4]: ^?^ *See* 47 C.F.R. § 1.2104(g)(1).

[^5]: ^?^ *See* 47 C.F.R. § 1.2104(g)(1).

[^6]: *See* Entertainment Unlimited, Inc., Request for Refund of Late
    Payment Fees for PCS Licenses Purchased in Auction 22, *Memorandum
    Opinion and Order*, 16 FCC Rcd 10,030 (2001) (noting that the
    Commission does not accept instructions regarding the refund of
    excess upfront payments from entities or individuals other than the
    payor of record).

[^7]: ^6^ Refunds will be processed via ACH credits. ACH is a domestic
    funds transfer system providing an electronic parallel to the
    Federal Reserve check clearing system. ACH is governed by the Rules
    of the National Automated Clearing House Association. Generally
    speaking, an ACH is an instrument for moving money electronically
    from one participating financial institution to another.