DA 05-1343

Mr. Ameer X. Flippin

2053 Wilson Road

Memphis, TN 38116

> RE: [Auction No. 58 (WT Docket No. 05-149)]{.underline}
>
> [Ameer X. Flippin FCC Form 601 Filing]{.underline}
>
> [Ex Parte Motion and Petition to Deny Against Certain FCC Form 601
> Long-Form Applications Filed in Auction No. 58]{.underline}

Dear Mr. Flippin:

This letter addresses two sets of filings you have attempted to make
with respect to Auction No. 58, Broadband PCS Spectrum. First, we
resolve your attempted filing of what you characterize to be an FCC Form
601 in Auction No. 58, Broadband PCS Spectrum.[^1] Second, we address
your petition to deny twenty-one of the twenty-three long-form
applications filed in Auction No. 58.[^2]

[The Form 601 Filing]{.underline}. Under the Commission's rules, the
high bidder in an auction must submit a Form 601 application in
conformance with the applicable rules and policies governing a
particular auction.[^3] You were neither a participant[^4] nor a winning
high bidder in Auction No. 58.[^5] Your submission of bids by facsimile
does nothing to change the fact that you were not, in accordance with
clearly articulated Commission rules and policies, a participant in
Auction No. 58. Since you were not a participant and not a high bidder,
your attempt to file an FCC Form 601 is improper, and the purported Form
601 filing is dismissed.

[The Petition to Deny]{.underline}. As noted above, you have petitioned
to deny all but three of the twenty-four long-form applications filed in
Auction No. 58.[^6] The Commission has repeatedly held that, to
establish standing to file a petition to deny an auction application,
the petitioner must have participated in the auction itself. [^7] Since,
as discussed above, you were not a proper participant in Auction No. 58,
you do not have standing to request that the Commission deny the
applications of those that did participate in that auction. Your
petition to deny, attached hereto, is therefore dismissed.

This action is taken under authority delegated pursuant to Section 0.331
of the Commission's rules.[^8]

Sincerely yours,

Michael A. Ferrante

Associate Chief, Mobility Division

Wireless Telecommunications Bureau

Attachment

[^1]: *See* Letter from Ameer Flippin to John B. Muleta, Chief, Wireless
    Telecommunications Bureau (received Mar. 1, 2005, via facsimile by
    the Commission's Gettysburg, PA office).

[^2]: *See* Ex Parte Motion and Petition to Deny Against All Long-Form
    Applications of Opposing Entities Which Placed Bids Less Than or
    Equal in Value of Bids Placed By Ameer Flippin, An Individual, in
    Auction #58, In Accordance With 47 CFR 1.2108; Attached Listing of
    Long Form Applicants Being Motioned To Deny; By Pro Se Bidder, Ameer
    Flippin (received Mar. 1, 2005, by the Commission's Gettysburg, PA,
    office, and received Mar. 24, 2005 by the Commission's Mailroom,
    Washington, DC).

[^3]: *See* 47 C.F.R. § 1.2107(c) ("A high bidder that meets its down
    payment obligations in a timely manner must, within ten (10)
    business days after being notified that it is a high bidder, submit
    an additional application (the 'long-form application') pursuant to
    the rules governing the service in which the applicant is the high
    bidder.").

[^4]: For the list of applicants that applied to participate in and were
    found qualified to participate in Auction 58, see Auction of
    Broadband PCS Spectrum; Status of FCC Form 175 Applications to
    Participate in Auction No. 58, *Public Notice*, 19 FCC Rcd 24113
    (2005); Broadband PCS Spectrum Auction; 35 Bidders Qualified to
    Participate in Auction No. 58, *Public Notice*, 20 FCC Rcd 496
    (2005). *See also* Letter from Gary D. Michaels, Deputy Chief,
    Auctions and Spectrum Access Division, Wireless Telecommunications
    Bureau, to Ameer Flippin, 20 FCC Rcd 1599 (2005) (denying your
    request for extensions of time to file FCC Form 175 and to make an
    upfront payment for Auction No. 58, as well as for a 180-day
    postponement of that auction).

[^5]: *See* Broadband PCS Spectrum Auction Closes; Winning Bidders
    Announced for Auction No. 58, *Public Notice*, 20 FCC Rcd 3703
    (2005).

[^6]: You do not ask the Commission to deny the applications of
    single-market winning high bidders JDS Wireless, LLC, Vermont
    Telephone Company, Inc., and Union Telephone Company.

[^7]: *See, e.g., High Plains Wireless v. FCC*, 273 F.3d 599, 605 (D.C.
    Cir. 2002) (ruling that an entity that was not qualified to bid in a
    particular market in an auction does not have standing to file a
    petition to deny a winning bidder's application in that market);
    Applications of Alaska Native Wireless, L.L C., *Order*, 18 FCC Rcd
    11640, 11644-45 ¶¶ 10-11 (2003).

[^8]: 47 C.F.R. § 0.331.