DA 01-478

February 22, 2001

**700 MHz GUARD BANDS AUCTION CLOSES**

**Winning Bidders Announced**

Down Payments Due March 8, 2001

FCC Forms 601 and 602 Due March 8, 2001

*Ten-Day Petition to Deny Period*

**Report No. AUC-38-F (Auction No. 38)**

On February 21, 2001, the Federal Communications Commission completed
the auction of 8 licenses in the 700 MHz Guard Bands Auction ("Auction
No. 38"), raising (in net high bids) a total of \$20,961,500 for the
U.S. Treasury. Three winning bidders won a total of 8 licenses in this
auction.

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

**Attachment A:** "Round Results, High Bids" lists winning bidders and
both the gross and net high winning bid amounts.

> **Attachment B:** "Bidder Payment/Refund Report" lists down payments
> owed by winning bidders.

**Attachment C:** "Multi-Auction Withdrawal Payment Report" contains
total withdrawn bid payments owed by bidders in Auction No. 33 based
upon reconciliation of final results of Auction No. 33 and Auction No.
38.

**Attachment D:** "Instructions for Completing FCC Form 601" provides
detailed information about how a winning bidder should complete the
required FCC Form 601 for 700 MHz license applications.

> **Attachment E:** "Instructions for Using ULS to Register TIN and Call
> Signs With FCC and File FCC Form 601 Electronically."
>
> **Attachment F:** "Accessing the FCC Network using Windows 95/98 for
> Universal Licensing System Filing."
>
> A copy of this *Public Notice* will be sent via overnight mail to each
> winning bidder.

## Down Payments.

The Commission's rules require that within ten business days after the
release of this *Public Notice*, in this case **6:00 p.m. ET on March 8,
2001**, winning bidders in Auction No. 38 must have on deposit with
Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover down
payments on winning bids for Auction No. 38. If a winning bidder's
upfront payment is not sufficient to meet this requirement, the winning
bidder must deposit additional funds. *See* 47 C.F.R. § 1.2107(b).

The amount now due from each winning bidder, if any, is set out in the
last column of **Attachment B**. *Note that a payment and FCC Form 159
are necessary only if a winning bidder's upfront payment **does not**
cover the required total of down payments (as reflected in Attachment
B).* Each winning bidder's down payment must be a total of twenty (20)
percent of its net winning bid(s).

## Final Payments.

After the termination of the licensing pleading cycle (*see* 47 C.F.R. §
1.2108), the Commission will issue a public notice announcing that it is
prepared to grant the licenses. Within ten business days after the date
of that public notice, winning bidders will be required to make full
payment of the balance of their winning bids. *See* 47 C.F.R. §§
1.2107(b), 1.2109. 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). *See* 47 C.F.R. §1.2109(a).

## Method of Payment.

All payments must be in U.S. dollars and made in the form of a wire
transfer. No personal checks, credit card payments, or other forms of
payment will be accepted. All payments must be accompanied by a
completed FCC Remittance Advice Form (FCC Form 159).[^1] If applicable,
a partially completed copy of the FCC Form 159 will be sent along with
this *Public Notice* to facilitate submission of the correct down
payment. Questions regarding FCC Form 159 should be addressed to Tim
Dates or Gail Glasser at 202-418-1995**. Please note, however, that
winning bidders are ultimately responsible for insuring the verification
and submission of the correct down payment from their bank to Mellon
bank**.

**Wire transfer payments** must be **received** by Mellon Bank by **6:00
p.m. ET, on March 8, 2001**. Winning bidders should coordinate with
their bankers ahead of time regarding their wire transfers, and allow
sufficient time for the wire transfer to **be initiated and completed
prior to the deadline**.

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

> ABA Routing Number: 043000261
>
> Receiving Bank: Mellon Pittsburgh
>
> BNF: 911-6106
>
> OBI Field: (Skip one space between each information item) "AUCTIONPAY"
>
> TAXPAYER IDENTIFICATION NO. (same as FCC Form 159, Block 12)
>
> PAYMENT TYPE CODE (enter "A38D")
>
> FCC CODE 1 (same as FCC Form 159, Block 28A: "38")
>
> PAYOR NAME (same as FCC Form 159, Block 2)
>
> LOCKBOX NO.: 358850

Winning bidders must fax a completed FCC Form 159 to Mellon Bank at
412-209-6045 at least one hour before placing the order for the wire
transfer (but on the same business day).

Proper completion of the FCC Form 159 is critical to ensuring correct
credit of bidder deposits. **Winning bidders must use the same Taxpayer
Identification Number used on their FCC Form 175.**[^2] Questions
concerning the calculation and submission of down payments should be
directed to Gail Glasser at 202-418-1995.

> **D. Withdrawal, Default and Disqualification Payments.**

The Commission imposes payments on bidders that withdraw high bids
during the course of an auction, default on payments due after an
auction closes, or those that are disqualified. *See* 47 C.F.R. §§
1.2104(g), 1.2109.

*1. Bid Withdrawal Payments.* A bidder (Bidder X) 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 withdrawn 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 high 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 three (3) percent of the net amount of the
withdrawn bid. [^3] 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 Bidder X may
request a refund of the interim three (3) 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 is less. The three (3) percent interim
payment will be applied toward the withdrawal payment.

Now that Auction No. 38 is complete, we are in a position to calculate
and assess final bid withdrawal payments owed as a result of withdrawals
on licenses in Auction No. 33. These final bid withdrawal payments are
identified in **Attachment C.** 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 towards a winning bidder's down payment. *See* 47 C.F.R.
1.2104(g)(1). Forthcoming orders will assess such payments.

*2. Bid Default/Disqualification Payments.* If a high bidder defaults or
is disqualified after the close of the auction, the defaulting bidder
will be subject to the same bid withdrawal payment obligations as
described above, plus an additional payment equal to three (3) percent
of the subsequent winning bid or three (3) percent of the defaulted bid,
whichever is less. Where a bidding credit applies to the winning bid in
either the original or the subsequent auction, the calculation of the
three percent payment is based on the smaller of the two gross bids or
smaller of the two net bids, whichever basis (gross or net) was used to
figure the first component. Thus, if the difference between the gross
bids is less than the difference between the net bids, the three percent
payment will be computed on the lower of the gross bids. If the
difference between the net bids is less than or equal to the difference
between the gross bids, the three percent payment will be computed on
the lower of the net bids. However, if the differences between both the
gross bids and the net bids are less than or equal to zero, the three
percent payment will be computed on the lower of the net bids.

If a winning bidder fails to remit the required down payment within ten
(10) business days after the Commission has released this *Public
Notice*, in this case by March 8, 2001, the bidder will be deemed to
have defaulted, its application will be dismissed, and it will be liable
for a default payment as described above. In such event, the Commission,
at its discretion, may either auction the spectrum to existing or new
applicants, or offer it to the other highest bidders (in descending
order) at their final bids. *See* 47 C.F.R. § 1.2109(b).

If a winning bidder fails to pay the balance of its winning bids in a
lump sum by the applicable deadline as specified by the Commission, it
will be allowed to make payment within ten (10) business days after the
payment deadline provided that it also pays a late fee equal to five (5)
percent of the amount due. When a winning bidder fails to pay the
balance of its winning bid plus late fee by the late payment deadline,
it is considered to be in default on its license(s) and subject to the
applicable default payments. Licenses will be awarded upon the full and
timely payment of winning bids and any applicable late fees. *See* 47
C.F.R. §1.2109(a). A winning bidder that is found unqualified to be a
licensee, fails to remit the balance of its winning bid in a timely
manner, or defaults or is disqualified for any reason after having made
the required down payment, will be deemed to have defaulted and will be
liable for the payment set forth in Section 1.2104(g)(2). In such event,
the Commission may either auction the spectrum to existing or new
applicants or offer it to the other highest bidders (in descending
order) at their final bids. *See* 47 C.F.R. § 1.2109(c).

Additionally, bidders that are found to have violated the antitrust laws
or the Commission's rules in connection with their participation in the
competitive bidding process may be subject, in addition to any other
applicable sanctions, to forfeiture of their upfront payment, down
payment, or full bid amount, and may be prohibited from participating in
future auctions. *See* 47 C.F.R. § 1.2109(d).

## E. Refund of Excess Upfront Payments (for winning bidders). {#e.-refund-of-excess-upfront-payments-for-winning-bidders. .unnumbered}

Upfront monies on deposit that are in excess of the required down
payment, withdrawal and/or default payment amounts will be refunded to
the payer of record as identified on FCC Form 159 promptly upon receipt
of the necessary wire transfer instructions. Winning bidders must fax
the necessary wire transfer instructions to Gail Glasser at
202-418-2843. Any questions concerning refunds should be referred to
Gail Glasser or Tim Dates at 202-418-1995.

## F. Refund of Upfront Payments (for non-winning bidders). {#f.-refund-of-upfront-payments-for-non-winning-bidders. .unnumbered}

Non-winning bidders must fax the necessary wire transfer instructions to
Gail Glasser or Tim Dates at 202-418-2843. Any questions concerning
refunds for non-winning bidders should be referred to Gail Glasser or
Tim Dates at 202-418-1995.

## G. FCC Form 601.  {#g.-fcc-form-601. .unnumbered}

By **6:00 p.m. ET on March 8, 2001**, winning bidders must submit a
completed long-form license application(s) covering each license for
which they were the winning high bidder. **Attachment D** sets out
instructions for completing the FCC Form 601. Applications **must** be
filed electronically. Detailed instructions for filing the Form 601
electronically are set out in **Attachment E**.

**Failure to timely file FCC Form 601 will result in default. Late-filed
applications will not be accepted without a showing of good cause.**[^4]

## H. Tribal Land Bidding Credit. {#h.-tribal-land-bidding-credit. .unnumbered}

The Commission has implemented a tribal land bidding credit to encourage
the growth of wireless services in federally recognized tribal lands.
*See* Attachment D.

## I. FCC Form 602. {#i.-fcc-form-602. .unnumbered}

Pursuant to Section 1.919 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 regarding ownership information of the applicant.
*See* 47 C.F.R. § 1.919. Therefore, unless the applicant already has a
current FCC Form 602 on file with the Commission, the applicant must
submit one at the time the FCC Form 601 is filed. Any late-filed FCC
Form 602 must contain a request for waiver of the filing requirement in
47 C.F.R. § 1.919.

FCC Form 602 must be filed **manually** (not electronically), and may be
obtained from the Internet at http://www.fcc.gov/formpage.html or by
calling the FCC's Form Distribution Center at 1-800-418-FORM (3676). For
more detailed information on FCC Form 602, *see* "Wireless
Telecommunications Bureau Answers Frequently Asked Questions Concerning
Reporting of Ownership Information on FCC Form 602," *Public Notice*, DA
99-1001 (rel. May 25, 1999).

Applicants that do not have a current FCC Form 602 on file should send
the form to:

Federal Communications Commission

1270 Fairfield Road

Gettysburg, PA 17325-7245

Filing an FCC Form 602 is a [separate]{.underline} requirement from, and
in addition to, the ownership reporting requirements associated with
filing FCC Form 601, Exhibit A, as set forth in Attachment D. However,
to avoid duplication, applicants may provide certain information
required in Exhibit A by attaching a copy of their FCC Form 602 (in
Adobe PDF Format) to their FCC Form 601 submission. Applicants are
reminded, however, that an original FCC Form 602 still must be filed
manually in Gettysburg, PA. For further information, see Instructions in
Attachment D.

## J. Applications for Multiple Licenses. {#j.-applications-for-multiple-licenses. .unnumbered}

Applicants may submit [one]{.underline} FCC Form 601 (including all
required schedules, attachments, and exhibits) and Form 602 for multiple
licenses if **all** filing information (name and address information,
all ownership and eligibility attachments, and waiver requests)
associated with the application is identical **except** for the market
designator and market name. Licensing information such as market
designator, channel block, and/or market name may be different (*i.e*.,
WXMEA012A-- Pittsburgh; WXMEA014B -- Columbus).

Filers whose name and address, ownership, eligibility, and waiver
requests are identical for some licenses but different for other
licenses must submit a separate Form 601 and 602 for those licenses for
which filing information is unique. The streamlined filing procedure
described in the above paragraph may only be used for licenses that have
identical filing information.

Applicants seeking a tribal lands bidding credit for one or more markets
are encouraged to submit two applications. One application would include
markets in which the applicant intends to apply for a tribal lands
bidding credit. The other application would include those markets in
which the applicant is not seeking a tribal lands bidding credit.

## K. Maintaining Accuracy of Information. {#k.-maintaining-accuracy-of-information. .unnumbered}

After the auction closes, applicants are required to make all changes in
the ULS system (Forms 601/602).

Applicants are no longer required to maintain accuracy and completeness
of information furnished on their FCC Form 175 and exhibits.

## L. Application Processing and License Grant. {#l.-application-processing-and-license-grant. .unnumbered}

Pursuant to 47 C.F.R. § 1.2108(b) and the Balanced Budget Act of 1997,
Pub. L. 105-33, 111 Stat. 251 (1997), interested parties will have **ten
(10) days** to file petitions to deny after the Commission releases a
public notice announcing the FCC Forms 601 and 602 are acceptable for
filing. An applicant may file an opposition to any petition to deny
within **five (5) business days** after the time for filing petitions to
deny has expired. *See* 47 C.F.R. §1.2108(c). The petitioner may file a
reply to such opposition within **five (5) business days** after the
time for filing oppositions has expired. *See* 47 C.F.R. §1.2108(c). If
the Commission determines an applicant is qualified and there is no
substantial and material issue of fact concerning that determination,
the Commission will issue a public notice announcing that it is prepared
to grant the application conditioned upon the full and timely payment of
the remaining balance of the applicant's winning bid. Once the
Commission has received full payment of the applicant's winning bid, it
will issue a public notice announcing grant of the license (or licenses)
to the applicant.

*Frivolous Pleadings.* The Commission reminds parties to our proceedings
and their attorneys that the Commission intends to use its authority
fully to discourage and deter the filing of frivolous pleadings. *See*
Commission Taking Tough Measures Against Frivolous Pleadings, *Public
Notice*, 11 FCC Rcd 3030 (1996).

## M. Anti-collusion Rules. {#m.-anti-collusion-rules. .unnumbered}

To ensure the competitiveness of the auction process, the Commission's
rules prohibit applicants for the same geographic license area from
communicating with each other during the auction about bids, bidding
strategies, or settlements. As explained more fully in the *Auction No.
38 Procedures Public Notice*,[^5] this prohibition began with the filing
of short-form applications and ends on the down payment due date.[^6]
The prohibition ends on the down payment due date whether or not a high
bidder must supplement its upfront payment to cover its down payment.
Applicants certified their compliance with Section 1.2105(c) when their
FCC Form 175 short-form applications were signed.

\* \* \* \* \*

**For further information, contact**

+---------------------------------+------------------------------------+
| News Media:                     | Mark Rubin at 202-418-2924         |
+---------------------------------+------------------------------------+
|                                 |                                    |
+---------------------------------+------------------------------------+
| Technical Support Hotline:      | Technical Support Personnel at     |
|                                 |                                    |
|                                 | 202-414-1250 (V)                   |
|                                 |                                    |
|                                 | or 202-414-1255 (text telephone    |
|                                 | (TTY))                             |
+---------------------------------+------------------------------------+
|                                 |                                    |
+---------------------------------+------------------------------------+
| Office of the Managing Director | Gail Glasser or Tim Dates          |
|                                 |                                    |
| Auctions Accounting Group       | At 202-418-1995                    |
|                                 |                                    |
| (Payment, FCC Form 159 and      |                                    |
| refund questions)               |                                    |
+---------------------------------+------------------------------------+
|                                 |                                    |
+---------------------------------+------------------------------------+
| Wireless Telecommunications     | JoAnn Epps, Industry Analyst, at   |
| Bureau,                         | 202-418-1342,                      |
+---------------------------------+------------------------------------+
| Commercial Wireless Division    | Gary Oshinsky, Attorney, at        |
|                                 | 202-418-7167 or                    |
+---------------------------------+------------------------------------+
| (FCC Form 601and 602 questions) | Erin McGrath, Attorney, at         |
|                                 | 202-418-2042                       |
+---------------------------------+------------------------------------+
|                                 | Amal Abdallah, Attorney, at        |
|                                 | 202-418-7307                       |
+---------------------------------+------------------------------------+
|                                 |                                    |
+---------------------------------+------------------------------------+
| Wireless Telecommunications     | Linda Sanderson, Project Manager   |
| Bureau, Auctions and Industry   | at 717-338-2888, Howard Davenport, |
| Analysis Division Auctions      | Attorney, at 202-418-0660          |
| (Auction-related questions)     |                                    |
+---------------------------------+------------------------------------+

\- FCC -

[^1]: Copies of the FCC Form 159 may be obtained by calling the
    Commission's Forms Distribution Center at 1-800-418-3676 (outside
    Washington, D.C.) or 202-418-3676 (in the Washington D.C. area).
    Copies of the FCC Form 159 can also be obtained via the Internet
    (http://www.fcc.gov/formpage.html) or by Fax-On-Demand
    (202-418-2830).

[^2]: If, subsequent to final submission of its FCC Form 175, a bidder
    has provided the Commission with a written correction of its
    Taxpayer Identification Number, the bidder should use the corrected
    number.

[^3]: *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); *see also* "Phase II 220
    MHz Service Auction Closes, Winning Bidders in the Auction of 908
    Phase II 220 MHz Service Licenses," *Public Notice*, 14 FCC Rcd 605
    (1999). We note that there are no unsold licenses at the close of
    Auction No. 38.

[^4]: 47 C.F.R. § 1.2107(c).

[^5]: *See* "Auction of Licenses for the 700 MHz Guard Bands Scheduled
    for February 13, 2001; Auction Notice and Filing Requirements for 8
    Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other
    Procedural Issues," *Public Notice*, DA 00-2571 (rel. November 14,
    2000) 65 Fed. Reg. 83024 ("*Auction No. 38 Procedures Public
    Notice*").

[^6]: *See id*. at 6.