**DA 07-772**

**February 22, 2007**

**AUCTION OF FM BROADCAST CONSTRUCTION PERMITS**

**114 Bidders Qualified to Participate in Auction No. 70**

**Report No. AUC-07-70-E (Auction No. 70)**

In this Public Notice*,* the Media and Wireless Telecommunications
Bureaus (the "Bureaus") identify 114 applicants found to be qualified to
bid in the upcoming auction of FM broadcast construction permits
(Auction No. 70).[^1] Bidding in Auction No. 70 is scheduled to begin on
Wednesday, March 7, 2007. In addition, this Public Notice contains
bidding instructions and other important information regarding Auction
No. 70.

**Attachment A** lists the name of each of the 114 qualified bidders,
their upfront payments and maximum eligibility in bidding units.

**Attachment B** lists the construction permits selected on each
qualified bidder's short-form application (FCC Form 175). For qualified
bidders claiming a new entrant bidding credit, the applicant\'s bidding
percentage for each construction permit is indicated as 35 percent or 25
percent.[^2]

**Attachment C** lists each applicant that submitted a short-form
application, but did not qualify to bid in this auction, except for six
applicants previously disqualified from participation in Auction No.
70.[^3] Each applicant listed in Attachment C did not submit the
required upfront payment. [^4] The applicants not qualified in Auction
No. 70 are reminded that they remain subject to the Commission's rules
prohibiting collusion in Commission auctions.[^5]

Designation of an applicant as qualified to bid in the auction indicates
that the applicant has provided the certifications and information
concerning its qualifications for participation in the auction as
required by the Commission's competitive bidding rules. Under the
Commission's two-phased auction application process, a winning bidder
must submit a long-form application after the close of the auction to
demonstrate its qualifications to hold a Commission license and, if a
bidding credit is requested, its eligibility for the requested bidding
credit.[^6] Thus, a determination that a short-form application is
complete and complies with the Commission's competitive bidding rules
and policies is not determinative of an applicant's qualifications to
hold a license or entitlement to a bidding credit.[^7]

In order to participate effectively in the auction, qualified bidders
should again familiarize themselves with the auction rules, procedures,
and other information described in the *Auction No. 70 Procedures Public
Notice* and subsequent public notices.[^8] These public notices and
other documents related to Auction No. 70 are available on the
Commission's auctions website at <http://wireless.fcc.gov/auctions/>.
The following information provides additional guidance.

To assist in analyzing Auction No. 70, a file will be made available to
the public on the Auction No. 70 web site. This file will list each
construction permit each qualified bidder in Auction No. 70 selected on
its FCC Form 175. The file will be located under the subheading "General
Information" on the Auction No. 70 web site
(<http://wireless.fcc.gov/auctions/70>).

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

-   At least two RSA SecurID^®^ tokens

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

-   FCC Auction Bidder Line telephone number

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

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

Any qualified bidder listed in Attachment A of this public notice that
has not received the registration mailing **by 12:00 p.m. Eastern Time
(ET) on Thursday, March 1, 2007**, must contact the Auctions Hotline
directly at (717) 338-2868. Qualified bidders that do not receive this
registration mailing will not be able to submit bids. Receipt of the
registration mailing is critical to participating in both the mock
auction and the actual auction, and it is the responsibility of each
qualified bidder to ensure that all registration information has been
received.

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

**Bidding.** As stated in the *Broadcast Competitive Bidding First
Report and Order*, all pending mutually exclusive applications for
broadcast services must be resolved through a system of competitive
bidding.[^9] When two or more short-form applications are accepted for
filing for the same construction permit in Auction No. 70, mutual
exclusivity exists for auction purposes.[^10] Once mutual exclusivity
exists for auction purposes, even if only one applicant for a particular
construction permit becomes a qualified bidder, that applicant is
required to submit a bid in order to obtain the construction
permit.[^11]

The Commission will conduct this auction over the Internet, and
telephonic bidding will be available as well. The Integrated Spectrum
Auction System ("ISAS" or "FCC Auction System") can be accessed at
[http://auctions.fcc.gov](http://auctions.fcc.gov/) or
[http://auctions2.fcc.gov](http://auctions2.fcc.gov/). Bidders are
reminded that Apple^®^ Mac OS^®^ is not currently supported.

Qualified bidders are permitted to bid telephonically or electronically.
In either case, each authorized bidder must have his or her own
SecurID^®^ token. Applicants with only one authorized bidder will be
issued two SecurID^®^ tokens, while applicants with two or three
authorized bidders will be issued three tokens. For security purposes,
the SecurID^®^ tokens and the instructions for using them are only
mailed to the contact person at the contact address listed on the
applicant's short-form application. Please note that each SecurID^®^
token is tailored to a specific auction. SecurID^®^ tokens issued for
other auctions or obtained from a source other than the FCC will not
work for Auction No. 70.

In their registration materials, all qualified bidders will be supplied
with a telephone number for the Auction Bidder Line. Bidders choosing to
bid telephonically are required to use this telephone number to place
bids. Bidders choosing to bid electronically may use this telephone
number as an alternate method of bidding. Telephonic bidders are
reminded to allow sufficient time to bid by placing their calls well in
advance of the close of a round.[^12]

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

**Bidding Contingency Plan.** Bidders should develop comprehensive
contingency plans that can be quickly implemented if bidders experience
difficulty participating in the auction. While the FCC will correct any
problems within Commission‑controlled facilities, bidders are solely
responsible for anticipating and overcoming problems such as bidder
computer or other technical failures, loss of or problems with data
connections, telephone service interruptions, adverse local weather
conditions, unavailability of authorized bidders, or the loss or breach
of confidential security codes.

**Minimum Opening Bid Amounts.** There will be a minimum opening bid
amount for each construction permit in Auction No. 70, calculated in
accordance with the factors previously announced.[^13] The minimum
opening bid amount is subject to reduction at the discretion of the
Bureaus. The Bureaus will not entertain requests to lower minimum
opening bid amounts. The Bureaus will exercise this discretion, if at
all, independent of any communications from bidders.

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

**Bidding Schedule.** On Wednesday, March 7, 2007, there will be two
rounds of bidding as follows:

Bidding Round 10:00 a.m. - 11:30 a.m. ET

Bidding Round 1:30 p.m. - 3:00 p.m. ET

The bidding schedule for Thursday, March 8, 2007, and continuing until
further notice, will be:

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

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

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

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

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

**Round Results.** Round results will be available approximately 10
minutes after the close of each round.

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

When a bidder is logged in to the FCC Auction System, it will have a
selection of "My Bid Reports" available to it on the FCC Auction
System's bidding page. Information in "My Bid Reports" allows only the
respective bidder to view all of its actions in the current and previous
rounds of the auction.

**Watchlists.** The FCC Auction System sets up for each qualified bidder
a default watchlist, called All Permits, that contains every
construction permit selected on the bidder's short-form application.
Qualified bidders may create additional watchlists containing
construction permits of their own choosing, and construction permits may
appear in multiple watchlists. Bidders may access the FCC Auction System
and begin creating their watchlists upon receipt of their SecurID^®^
tokens. Instructions for creating watchlists will be provided in the
Integrated Spectrum Auction System (ISAS) Bidder's Guide. Please note
that watchlists created in the mock auction will not display in Auction
No. 70.

**Bidder Questions during the Auction.** FCC auction staff and technical
support staff will be available during the auction to answer questions
from authorized bidders. When appropriate, a bidder should identify
itself as a bidder with a time-sensitive auction question when calling.
Help can be obtained through the following options:

+-----------------------------------+-----------------------------------+
| FCC Auction Bidder Line           | Use Auction Bidder Line telephone |
|                                   | number supplied in registration   |
| (telephonic bidding, auction      | mailing                           |
| conduct questions)                |                                   |
+-----------------------------------+-----------------------------------+
| FCC Technical Support             | \(877\) 480-3201, option nine;    |
|                                   | (202) 414-1250; or (202) 414-1255 |
| (all technical questions,         | (TTY)                             |
| software and hardware)            |                                   |
+-----------------------------------+-----------------------------------+
| FCC Auctions and Spectrum Access  | \(202\) 418-0660                  |
| Division (legal questions only)   |                                   |
+-----------------------------------+-----------------------------------+

The FCC Auction System includes a function for bidders to submit
suggestions to the FCC, but this is **not** an appropriate mechanism for
asking time-sensitive questions that may need an immediate response,
such as questions about auction procedures or other issues. Such
questions should be directed to one of the telephone numbers listed
above.

**Amendments to Short-Form Applications.** Applicants are responsible
for maintaining the accuracy and completeness of information furnished
in their short-form applications, including their attachments.[^14]
Applicants should amend their short-form applications as promptly as
possible, but no later than ten business days from the occurrence of a
reportable change. Any change affecting eligibility for the new entrant
bidding credit, insofar as it results in the diminishment or loss of the
bidding credit claimed on the short-form application, must be reported
immediately. Applicants must modify their short-form application
electronically and submit a letter, briefly summarizing the changes, by
electronic mail to the attention of Margaret Wiener, Chief, Auctions and
Spectrum Access Division, at the following address: <auction70@fcc.gov>.
Questions about changes should be directed to Lynne Milne at (202)
418-0660.

As described in the Commission's rules, applicants may make only minor
corrections to their short-form applications (e.g., changing an
authorized bidder or facsimile number).[^15] Major modifications
(e.g*.*, construction permit selection changes, newly claimed or
increased new entrant bidding credit, or changing control of the
applicant) will not be accepted.[^16] Bidders are reminded that any
change affecting eligibility for the new entrant bidding credit, insofar
as it results in the diminishment or loss of the new entrant bidding
credit claimed on the short-form application, must be clearly stated in
the bidder's amendment and in the summary letter referenced above. In
such cases, the Commission will make appropriate adjustments in the new
entrant bidding credit prior to the computation of any down and final
payment amounts due.[^17]

**Due Diligence.** 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 the
broadcast construction permits being offered in this auction. The
Commission makes no representations or warranties about the use of this
spectrum for particular services. Potential bidders are strongly
encouraged to conduct their own research prior to the beginning of
competitive bidding in Auction No. 70 in order to determine the
existence of pending administrative or judicial proceedings, pleadings,
applications, or authorizations that might affect their decisions
regarding participation in the auction. Potential bidders are also
strongly encouraged to review all underlying Commission orders, such as
the specific *Report and Order* amending the FM Table of Allotments and
allotting the FM channel(s) on which they plan to bid.[^18] Bidders are
also responsible for reviewing all pending rulemaking petitions and open
proceedings, as well as reconsideration petitions or waiver requests,
that might affect the FM allotment(s) on which they plan to bid.
Additionally, potential bidders should perform technical analyses
sufficient to assure themselves that, should they prevail in competitive
bidding for a particular FM allotment, they will be able to build and
operate facilities that will comply fully with the Commission's
technical and legal requirements. Participants in Auction No. 70 are
strongly encouraged to continue such research during the auction.

Each potential bidder is solely responsible for identifying associated
risks and for investigating and evaluating the degree to which such
matters may affect the bidder's ability to bid on, otherwise acquire, or
make use of construction permits (and subsequent licenses) available in
Auction No. 70. For further details regarding due diligence, qualified
bidders should refer to the *Auction No. 70 Procedures Public Notice*
under Section I.B.3.[^19]

**Mock Auction.** On Monday, March 5, 2007, the Bureaus will conduct a
mock auction, which will allow qualified bidders to familiarize
themselves with the FCC Auction System. Only qualified bidders will be
permitted to participate in the mock auction. The Bureaus will conduct
this auction over the Internet, and telephonic bidding will also be
available.

Qualified bidders can access the mock auction at
[http://auctions.fcc.gov](http://auctions.fcc.gov/) or
[http://auctions2.fcc.gov](http://auctions2.fcc.gov/). Bidders choosing
to bid electronically are advised to review the Integrated Spectrum
Auction System (ISAS) Bidder's Guide provided in the registration
materials. Qualified bidders that wish to place bids telephonically
should use the telephone number supplied in the Auction No. 70
registration materials.

[]{.mark}

The mock auction will include only 20 of the 120 construction permits:
FM502A --FM 521A, and will follow the rules governing the actual
auction. The mock auction will be identified as Mock Auction No. 74. The
FCC Auction System will assume that each bidder applied for all 20
construction permits. The FCC Auction System will also assume that each
bidder submitted an upfront payment sufficient to give the bidder
initial (maximum) eligibility (as measured in bidding units) to bid on
all 20 of those construction permits. The mock auction will simulate the
start of the auction, and each bidder will be required to be active on
75 percent of its current bidding eligibility. If a bidder does not meet
this requirement, it will have a waiver automatically applied (if the
bidder has any waivers available), or its current eligibility will be
permanently reduced (if the bidder has no waivers remaining), possibly
eliminating the bidder from further bidding in the mock auction.

The mock auction bidding schedule for Monday, March 5, 2007, will be:

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

Round 2 12:00 p.m. - 1:00 p.m. ET

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

Round 4 3:30 p.m. - 4:00 p.m. ET

Round 5 4:15 p.m. - 4:30 p.m. ET

**Prohibition of Collusion.** Applicants are reminded that Sections
1.2105(c) and 73.5002(d) of the Commission's rules prohibits applicants
for any of the same geographic license areas from communicating with
each other about bids, bidding strategies, or settlements unless they
have identified each other on their short-form applications as parties
with which they have entered into agreements under Section
1.2105(a)(2)(viii).[^20] The "geographic license area" is the market
designation of the particular service.[^21] For the FM service, the
market designation is the particular vacant FM allotment (e.g., New
Hope, Alabama, Channel 278, Market FM502-A). In Auction No. 70, the rule
applies to applicants applying for any of the same FM allotments.
Therefore, applicants that have applied to bid for an FM construction
permit for the same allotment have been precluded from engaging in
prohibited communications after the short-form application filing
deadline. In addition, even if auction applicants are each eligible to
bid on only one common FM allotment, they may not discuss with each
other their bids or bidding strategies relating to any FM allotment on
which either is eligible to bid. For Auction No. 70, this prohibition
became effective at the short-form application filing deadline on
Tuesday, December 19, 2006, and will end at the post-auction down
payment deadline, which will be announced in a future public
notice.[^22] **This prohibition applies to all applicants regardless of
whether such applicants became qualified bidders or actually bid.**[^23]
The prohibition continues for all applicants until the down payment
deadline regardless of whether an applicant became a winning bidder and
needs to make an additional payment by the down payment deadline.

For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
"applicant" to include 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.[^24] We note that a violation of the anti-collusion rule
could occur when an individual serves as an officer or director for two
or more competing applicants.[^25]

If parties had agreed in principle on all material terms of a bidding
agreement(s), those parties must have been identified on the short-form
application as required by Section 1.2105(c), even if the agreement had
not been reduced to writing. If parties had not agreed in principle by
the short-form application filing deadline, an applicant should not have
included the names of those parties on its application and must not have
continued negotiations or communications prohibited by the
anti-collusion rule.[^26]

Applicants competing for construction permits for any of the same FM
allotments must not communicate directly or indirectly about bids or
bidding strategy.[^27] Applicants competing for construction permits for
any of the same FM allotments 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 the applicants he or she
is authorized to represent in the auction. A violation similarly could
occur if the authorized bidders are different individuals employed by
the same organization (e.g., law firm or consulting firm). In such a
case, at a minimum, applicants should take precautionary steps to
prevent communication between authorized bidders.[^28] However, the
Bureaus caution that merely filing a certifying statement as part of the
short-form application will not outweigh specific evidence that
collusive behavior has occurred, nor will it preclude the initiation of
an investigation when warranted.[^29]

In addition, Section 1.65 of the Commission's rules requires an
applicant to maintain the accuracy and completeness of information
furnished in its pending application and to notify the Commission within
30 days of any substantial change that may be of decisional significance
to that application.[^30] Thus, Section 1.65 requires auction applicants
that engage in a communication of bids or bidding strategies that
results in a bidding agreement, arrangement, or understanding not
already identified on their short-form applications to promptly disclose
any such agreement, arrangement or understanding to the Commission by
amending their pending applications. In addition, Section 1.2105(c)(6)
requires all auction applicants to report any prohibited discussion or
disclosure regarding bids or bidding strategy to the Commission in
writing immediately, but in no case later than five business days after
the communication occurs, even if the communication does not result in
an agreement or understanding regarding bids or bidding strategy that
must be reported under Section 1.65.[^31]

Applicants that are winning bidders will be required to disclose in
their long-form applications the specific terms, conditions, and parties
involved in all bidding consortia, joint ventures, partnerships, or
other agreements or arrangements relating to the competitive bidding
process into which they have entered with any other party or
parties.[^32] Any applicant found to have violated the anti-collusion
rule may be subject to sanctions.[^33] In addition, applicants are
reminded that they are subject to the antitrust laws, which are designed
to prevent anti-competitive behavior in the marketplace. If an applicant
is found to have violated the antitrust laws in connection with its
participation in the competitive bidding process, it may be subject to
forfeiture of its upfront payment, down payment, or full bid amount and
may be prohibited from participating in future auctions.[^34]

**Submission of Auction-Related Filings.** As noted above, applicants
seeking to amend their short-form applications during the auction must
make modifications to their short-form applications electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction70@fcc.gov>.

Parties wishing to submit requests, complaints, or other information
concerning Auction No. 70 also should send a copy by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction70@fcc.gov>, in addition to
following other procedures prescribed by the Commission's rules. The
Commission occasionally receives complaints regarding certain bidders
and requests to suspend bidding during an auction. While the Commission
reserves the right to take appropriate action during an auction to
preserve the integrity of the auction process, it is generally our
practice to address any such allegations only after the winning bidders
have submitted their long-form applications, when there is greater
opportunity for investigation of such allegations, if warranted. The
Commission will not investigate any complaints or allegations that are
not accompanied by full contact information, including name, address,
and telephone number, for the complaining party or parties.

Finally, parties wishing to make suggestions concerning Auction No. 70
or future auctions are encouraged to present such ideas using the
suggestion feature of the FCC Auction System. (As mentioned above, this
feature is not an appropriate mechanism for posing time-sensitive
questions that need an immediate response.) Commission staff considers
all suggestions, but may not always provide an individualized response.

**Down Payments and Final Payments.** 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 Auction No. 70 to 20
percent of the net amount of its winning bids (gross bids less any
applicable new entrant bidding credits).[^35] Each winning bidder will
be required to submit the balance of the net amount of its winning bids
within ten business days after the deadline for submitting down
payments.[^36]

**Long-Form Applications.** Within thirty days after release of the
auction closing notice, each winning bidder must electronically submit a
properly completed long-form application (FCC Form 301, Application for
FM Construction Permit), including required exhibits, for each
construction permit that it won in Auction No. 70.[^37] The electronic
submission of FCC Form 301 must be accompanied by the applicable filing
fee.[^38] Applicants that claim new entrant status should be aware that,
following the auction, they will be required to include an exhibit
demonstrating their eligibility for the bidding credit .[^39] Further
filing instructions will be provided to auction winners at the close of
the auction.[^40]

For additional information regarding this public notice, please contact:

Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau:

For bidding and software questions: Jeff Crooks at (202) 418-0660

For bidding, auction procedures, and general filing questions: Linda
Sanderson at (717) 338-2868

For legal questions: Lynne Milne at (202) 418-0660

Audio Division, Media Bureau:

For legal and service rule questions: Lisa Scanlan or Thomas Nessinger
at (202) 418-2700

For technical questions about software or hardware, please contact FCC
Technical Support at (877) 480-3201, option nine; (202) 414-1250; or
(202) 414-1255 (TTY).

**[- FCC
-]{.smallcaps}**![](media/image2.wmf){width="6.944444444444445e-4in"
height="6.944444444444445e-4in"}

[^1]: *See* Auction of FM Broadcast Construction Permits Scheduled for
    March 7, 2007, Notice and Filing Requirements, Minimum Opening Bids,
    Upfront Payments and Other Procedures for Auction No. 70, AU Docket
    No. 06-170, *Public Notice,* 21 FCC Rcd 12957 (WTB/MB 2006)
    ("*Auction No. 70 Procedures Public Notice*"); *see* *also* Removal
    of FM Broadcast Construction Permit from Auction No. 70, *Public
    Notice*, DA 06-2466, (WTB/MB Dec. 5, 2006).

[^2]: The new entrant bidding credit is not available to an applicant if
    it, and/or any individual or entity with an attributable interest in
    the applicant, has an attributable interest in more than three media
    of mass communications or any existing media of mass communications
    in the "same area" as the broadcast facility proposed by the
    applicant. 47 C.F.R. § 73.5007. *See* 47 C.F.R. § 73.5007(b)(1)-(3)
    for the specific service definitions of "same area."

[^3]: As announced in Auction of FM Broadcast Construction Permits,
    Status of Short-Form Applications to Participate in Auction No. 70,
    *Public Notice*, DA 07-190 (WTB/MB Jan. 26, 2007) ("*Auction No. 70
    Status Public Notice*"), these six applicants checked "yes" to the
    Noncommercial Educational election question on the Form 175 and the
    applications were mutually exclusive with applications for FM
    commercial stations in Auction No. 70. Pursuant to 47 C.F.R. §
    73.5002(b), these six applications were rejected and the applicants
    are excluded from further participation in Auction No. 70. Radio
    Training Network, Inc. has filed a petition seeking reconsideration
    of the rejection of its short-form application. Petition for
    Reconsideration or Waiver of the Rules for Reinstatement of Radio
    Training Network, Inc. (filed Jan. 30, 2007). That request is
    pending.

[^4]: Scott M. Knoblauch had requested waiver of 47 C.F.R. § 73.5007 and
    had claimed eligibility for a 35 percent new entrant bidding credit
    in his short form application. The waiver request was denied on
    February 8, 2007. *See* Letter to Scott M. Knoblauch, DA 07-608
    (WTB/MB Feb. 8, 2007). Scott M. Knoblauch did not qualify as a
    bidder in Auction No. 70.

[^5]: *See* 47 C.F.R. § 1.2105(c); *Auction No. 70 Procedures Public
    Notice*, 21 FCC Rcd at 12961-64 ¶¶ 6-14 .

[^6]: *See* 47 C.F.R. §§ 1.2107 -- 1.2109, 73.5002 -- 73.5009; *see
    also* Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Procedures, PP Docket No. 93-253, *Second Report and Order,*
    9 FCC Rcd 2348, 2376-77 ¶¶ 163-168 (1994).

[^7]: Requests concerning application qualifications and eligibility for
    the new entrant bidding credit are generally considered after the
    auction during the long-form application process. In the event that
    an applicant is found unqualified to be a Commission licensee or
    ineligible for claimed designated entity benefits, it will be liable
    for any obligations incurred as a result of its participation in the
    auction. *See generally* 47 C.F.R. § 1.2109.

[^8]: *See Auction No. 70 Procedures Public Notice*, 21 FCC Rcd at
    12957; *see also* *Auction No. 70 Status Public Notice.*

[^9]: Implementation of Section 309(j) of the Communications Act --
    Competitive Bidding for Commercial Broadcast and Instructional
    Television Fixed Service Licenses, *First Report and* Order, 13 FCC
    Rcd 15920, 15923-25 ¶¶ 7-12 (1998) ("*Broadcast Competitive Bidding
    First Report and* Order"; *recon. denied*, 14 FCC Rcd 8724,
    *modified*, 14 FCC Rcd 12541 (1999); *review denied*, *Orion
    Communications Ltd. v. FCC*, 213 F.3d 761 (D.C. Cir. 2000) (per
    curiam); *review denied*, *Orion Communications Ltd. v. FCC*, 221
    F.3d 196, No. 98-1424, slip op. (D.C. Cir. June 13, 2000)
    (unpublished opinion available at 2000 WL 816046).

[^10]: *Broadcast Competitive Bidding First Report and Order*, 13 FCC
    Rcd at 15978-80 ¶¶ 149-154. *See also* Implementation of Section
    309(j) of the Communications Act -- Competitive Bidding, *Second
    Report and Order*, 9 FCC Rcd 2348, 2376 ¶ 165 (1994).

[^11]: Any applicant that submits a short-form application that is
    accepted for filing but fails to timely submit an upfront payment
    will retain its place in the relevant mutually exclusive ("MX")
    group but, having purchased no bidding eligibility, will not be
    eligible to bid. *See* *Auction No. 70 Procedures Public Notice*, 21
    FCC Rcd at 12960, n. 9

[^12]: The length of a call to place a telephonic bid may vary; please
    allow a minimum of 10 minutes.

[^13]: *Auction No. 70 Procedures Public Notice*, 21 FCC Rcd at 12990-92
    ¶¶ 138-143. Attachment A of the *Auction No. 70 Procedures Public
    Notice* sets forth the minimum opening bid amounts for each
    construction permit offered in Auction No. 70.

[^14]: *See* 47 C.F.R. § 1.65.

[^15]: *See* 47 C.F.R. § 1.2105(b).

[^16]: *Id*.

[^17]: *See* 47 C.F.R. §§ 73.5007 and 73.5008.

[^18]: *See* 47 C.F.R. § 73.202.

[^19]: *Auction No. 70 Procedures Public Notice*, 21 FCC Rcd at 12964-66
    ¶¶ 15-25.

[^20]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1), and 73.5002(d).
    *See Auction No. 70 Procedures Public Notice*, 21 FCC Rcd at
    12961-64 ¶¶ 6-14, for a discussion of the anti-collusion rules for
    Auction No. 70. *See also* 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*");
    *see also 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).

[^21]: *See generally Part 1 Seventh Report and Order*, 16 FCC Rcd at
    17549 n.12.

[^22]: 47 C.F.R. § 1.2105(c)(1).

[^23]: *See, e.g.*, Star Wireless, LLC, *Forfeiture Order*, 19 FCC Rcd
    18626 (EB 2004) (imposing forfeiture in the amount of \$100,000 for
    violation of the anti-collusion rule, even though an applicant never
    made an upfront payment for the auction and was not listed as a
    qualified bidder); Northeast Communications of Wisconsin, LLC,
    *Forfeiture Order*, 19 FCC Rcd 18635 (EB 2004) (imposing forfeiture
    in the amount of \$100,000 for violation of the anti-collusion rule,
    even though the applicant never made an upfront payment for the
    auction and was not listed as a qualified bidder); Letter to Robert
    Pettit, Esq., from Margaret W. Wiener, 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).

[^24]: 47 C.F.R. § 1.2105(c)(7)(i).

[^25]: *See* Letter to Colby M. May from Barbara A. Kreisman and
    Margaret W. Wiener, Division Chiefs, 20 FCC Rcd 14648 (WTB/MB 2005)
    (finding apparent violation of anti-collusion rule where applicants
    with mutually-exclusive station proposals shared same individual as
    an officer and director and reported no bidding agreements).

[^26]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645
    (1995).

[^27]: *See Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶
    6.

[^28]: *See* 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).

[^29]: *Id*. at 11978 ¶ 13.

[^30]: 47 C.F.R. § 1.65.

[^31]: 47 C.F.R. §§ 1.65, 1.2105(c)(6); *see also Part 1* *Seventh
    Report and Order*, 16 FCC Rcd at 17555 ¶ 17.

[^32]: *See* 47 C.F.R. § 1.2107(d).

[^33]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^34]: *See* 47 C.F.R. § 1.2109(d).

[^35]: *See* 47 C.F.R. § 1.2107(b).

[^36]: *See* 47 C.F.R. §§ 1.2109, 73.3573, 73.5003, and 73.5006. *See*
    *also* Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, WT Docket No. 05-211, *Report and Order*, 21 FCC Rcd 891
    (2006), petitions for recon. pending.

[^37]: *See* 47 C.F.R. §§ 1.2107 and 73.5005. *See also Broadcast
    Competitive Bidding First Report and Order*, 13 FCC Rcd at 15984-85
    ¶¶ 163-64.

[^38]: *See Broadcast Competitive Bidding First Report and Order*, 13
    FCC Rcd at 15984 ¶ 164.

[^39]: *See* 47 C.F.R. §§ 73.5005, 73.5007 and 73.5008. *See also*
    Instructions for Form 301, Application for Construction Permit for
    Commercial Broadcast Station, Instructions for Section II: Legal
    Information, paragraph G: Item 10: Auction Authorization for
    auction-related exhibit filing requirements.

[^40]: *See* 47 C.F.R. §§ 1.2107, 1.2109(a), 73.3573, 73.5003, 73.5005,
    and 73.5006.