**PUBLIC NOTICE**

**Federal Communications Commission**

**445 12^th^ Street, SW**

**Washington, DC 20554**

#######  {#section .unnumbered}

> DA 05-2987

November 23, 2005

**AUCTION OF FULL POWER TELEVISION CONSTRUCTION PERMITS SCHEDULED FOR
MARCH 15, 2006**

**Notice and Filing Requirements, Minimum Opening Bids,**

**Upfront Payments and Other Procedures for Auction No. 64**

Report No. AUC-05-64-B (Auction No. 64)

I. GENERAL INFORMATION [1](#general-information)

A. Introduction [1](#introduction)

1\. Background [1](#background)

2\. Television Station Construction Permits to be Auctioned
[1](#television-station-construction-permits-to-be-auctioned)

B. Rules and Disclaimers [4](#rules-and-disclaimers)

1\. Relevant Authority [4](#relevant-authority)

2\. Prohibition of Collusion [5](#prohibition-of-collusion)

3\. Due Diligence [8](#due-diligence)

4\. Bidder Alerts [10](#bidder-alerts)

5\. National Environmental Policy Act Requirements
[11](#national-environmental-policy-act-requirements)

C. Auction Specifics [11](#auction-specifics)

1\. Auction Date [11](#auction-date)

2\. Auction Title [11](#auction-title)

3\. Bidding Methodology [11](#bidding-methodology)

4\. Pre-Auction Dates and Deadlines
[11](#pre-auction-dates-and-deadlines)

5\. Requirements for Participation [11](#requirements-for-participation)

6\. General Contact Information [13](#general-contact-information)

II\. SHORT-FORM APPLICATION (FCC FORM 175) REQUIREMENTS
[14](#short-form-application-fcc-form-175-requirements)

A. New Entrant Bidding Credit [14](#new-entrant-bidding-credit)

B. Application Requirements [16](#application-requirements)

1\. Bidding Credits [16](#bidding-credits)

2\. Unjust Enrichment [17](#unjust-enrichment)

C. Permit Selection [17](#permit-selection)

D. Consortia and Joint Bidding Arrangements
[17](#consortia-and-joint-bidding-arrangements)

E. Ownership Disclosure Requirements
[18](#ownership-disclosure-requirements)

F. Provisions Regarding Former and Current Defaulters
[19](#provisions-regarding-former-and-current-defaulters)

G. Other Information [21](#other-information)

H. Minor Modifications to Short-Form Applications (FCC Forms 175)
[21](#minor-modifications-to-short-form-applications-fcc-forms-175)

I. Maintaining the Accuracy of Short-Form Application Information
[21](#maintaining-the-accuracy-of-short-form-application-information)

III\. PRE-AUCTION PROCEDURES [22](#pre-auction-procedures)

A. Auction Seminar --- January 11, 2006
[22](#auction-seminar-january-11-2006)

B. Short-Form Application (FCC Form 175) --- Due before 6:00 p.m. ET on
January 20, 2006
[22](#short-form-application-fcc-form-175-due-before-600-p.m.-et-on-january-20-2006)

C. Application Processing and Minor Corrections
[23](#application-processing-and-minor-corrections)

D. Upfront Payments --- Due February 17, 2006
[23](#upfront-payments-due-february-17-2006)

1\. Making Auction Payments by Wire Transfer
[24](#making-auction-payments-by-wire-transfer)

2\. FCC Form 159 [25](#fcc-form-159)

3\. Amount of Upfront Payment [25](#amount-of-upfront-payment)

4\. Applicant's Wire Transfer Information for Purposes of Refunds of
Upfront Payments
[26](#applicants-wire-transfer-information-for-purposes-of-refunds-of-upfront-payments)

E. Auction Registration [27](#auction-registration)

F. Remote Electronic Bidding [27](#remote-electronic-bidding)

G. Mock Auction --- March 13, 2006 [28](#mock-auction-march-13-2006)

IV\. AUCTION EVENT [28](#auction-event)

A. Auction Structure [28](#auction-structure)

1\. Simultaneous Multiple Round Auction
[28](#simultaneous-multiple-round-auction)

2\. Eligibility and Activity Rules [28](#eligibility-and-activity-rules)

3\. Auction Stages [29](#auction-stages)

4\. Stage Transitions [30](#stage-transitions)

5\. Activity Rule Waivers and Reducing Eligibility
[30](#activity-rule-waivers-and-reducing-eligibility)

6\. Auction Stopping Rules [31](#auction-stopping-rules)

7\. Auction Delay, Suspension, or Cancellation
[32](#auction-delay-suspension-or-cancellation)

B. Bidding Procedures [32](#bidding-procedures)

1\. Round Structure [32](#round-structure)

2\. Reserve Price or Minimum Opening Bid
[32](#reserve-price-or-minimum-opening-bid)

3\. Bid Amounts [33](#bid-amounts)

4\. Provisionally Winning Bids [35](#provisionally-winning-bids)

5\. Bidding [35](#bidding)

6\. Bid Removal [36](#bid-removal)

7\. Bid Withdrawal [37](#bid-withdrawal)

V. POST-AUCTION PROCEDURES [37](#post-auction-procedures)

A. Down Payments [37](#down-payments)

B. Final Payments [37](#final-payments)

C. Long-Form Applications [38](#long-form-applications)

D. Default and Disqualification [38](#default-and-disqualification)

E. Refund of Remaining Upfront Payment Balance
[38](#refund-of-remaining-upfront-payment-balance)

VI\. Attachment A: Construction Permits to be Auctioned
A-[1](#attachment-a)

VII\. Attachment B: FCC Auction Seminar Registration Form
B-[1](#attachment-b)

VIII\. Attachment C: Electronic Filing and Review of the Short-Form
Application (FCC Form 175) C-[1](#attachment-c)

IX\. Attachment D: Auction-Specific Instructions for FCC Remittance
Advice (FCC Form 159) D-[1](#attachment-d)

X. Attachment E: Smoothing Formula Equations E-[1](#attachment-e)

XI\. Attachment F: Summary Listing of Commission and Bureau Documents
Addressing Application of the Anti-Collusion Rule F-[1](#attachment-f)

# General Information

## Introduction

By this Public Notice, the Media Bureau ("MB") and the Wireless
Telecommunications Bureau ("WTB") (collectively the "Bureaus") announce
the procedures and minimum opening bid amounts for the auction of 11
full power television station construction permits scheduled to begin on
March 15, 2006 (Auction No. 64).[^1] On September 23, 2005, in
accordance with Section 309(j)(4) of the Communications Act of 1934, as
amended,[^2] the Bureaus released a public notice seeking comment on
reserve prices or minimum opening bid amounts and the procedures to be
used in Auction No. 64.[^3] The Bureaus received comments from Humberto
Lopez in response to the *Auction No. 64 Comment Public Notice*.[^4]

### Background 

The Commission's competitive bidding rules will be used to select among
mutually exclusive applications for these construction permits in
Auction No. 64.[^5] When two or more short-form applications (FCC Forms
175) are accepted for filing for the same construction permit in Auction
No. 64, mutual exclusivity exists for auction purposes.[^6] Once mutual
exclusivity exists for auction purposes, even if only one applicant for
a particular construction permit submits an upfront payment, that
applicant is required to submit a bid in order to obtain the
construction permit. Any applicant that submits a short-form application
that is accepted for filing but fails to timely submit an upfront
payment will retain its status as an applicant in Auction No. 64 and
will remain subject to the Commission\'s anti-collusion rules,[^7] but,
having purchased no bidding eligibility, will not be eligible to
bid.[^8]

### Television Station Construction Permits to be Auctioned

Auction No. 64 will offer 11 construction permits for full power
television stations. The construction permits to be auctioned are for
vacant television allotments, reflecting television channels assigned to
the television Table of Allotments,[^9] pursuant to the Commission's
established rulemaking procedures, designated for use in the indicated
communities. Ten of these construction permits are "open" to any
interested party; the remaining permit is "closed," and only the five
listed parties that previously filed long-form applications may
participate in the bidding for this permit (so long as they submit a
short-form application and comply with the applicable rules and
requirements as outlined in this Public Notice). A complete list of
construction permits available in Auction No. 64 is included in
Attachment A of this Public Notice.

Interested parties should note that some of the stations listed in
Attachment A are single channel, digital-only television stations. Those
stations are indicated in Attachment A as "DTV." These stations must be
operated in digital television mode.[^10] Those stations indicated in
Attachment A as "NTSC" are single-channel stations that must be operated
as either NTSC analog stations or, if they meet the Commission's
interference requirements, may be operated as digital only television
stations.[^11]

**a.** **Open Construction Permits**

Pursuant to the policies established in the *Broadcast Competitive
Bidding First Report and Order*, any interested party may apply for any
of the ten "open" construction permits listed in Attachment A.[^12]
Long-form applications (FCC Forms 301) were filed previously for some of
these open television station construction permits.[^13] The pending
applications for these open construction permits also are listed in
Attachment A.[^14] Those wishing to participate in the auction,
including those entities designated in Attachment A with a pending
long-form application for an open construction permit, must file a
short-form application prior to the short-form deadline specified in
this public notice.[^15]

Any party filing for an open construction permit with a pending
long-form application should understand that it is likely that its
application will be mutually exclusive with the previously-filed
application. Even if there is no pending long-form application for an
open construction permit listed in Attachment A, short-form applications
(FCC Forms 175) specifying the same open construction permit will be
considered mutually exclusive.

In response to the *Auction No. 64 Comment Public Notice*, Humberto
Lopez filed comments requesting that the construction permit for the new
television station on Channel 31 at Victoria, Texas, be removed from the
auction and that there be no opportunity to file a competing application
against his pending application for station TV-NTS009-31.[^16] Mr. Lopez
states that he is the licensee of station KVHM-LP, a Class A low power
television (LPTV) station on Channel 31 at Victoria, Texas. Mr. Lopez is
concerned that the Commission will be allowing other parties to file
competing applications for a full power television station on Channel 31
at Victoria, Texas, and that "any such application will necessarily
involve prohibitive electrical interference" to his Class A LPTV
station.[^17] Mr. Lopez maintains that only his application for Victoria
can be granted because the issue of interference to his Class A LPTV
station can only be resolved with his consent.[^18] Mr. Lopez requests
that his application for Channel 31 at Victoria, Texas, be withdrawn
from the auction and granted outside of the auction process.[^19]

Mr. Lopez essentially requests that the staff review the technical
qualifications of all proposals for the new Victoria television stations
prior to auction.[^20] In the *Broadcast Competitive Bidding First
Report and Order*, the Commission considered adopting such an
approach.[^21] The Commission, however, rejected this approach and
concluded that it would not "make any determination as to the
acceptability or grantability of an applicant's technical proposal prior
to auction."[^22] The Commission concluded that "deferring technical
review until the post-auction submission of long-form applications by
the winning bidders will minimize the potential for delay and will
promote the deployment of new broadcasting service to the
public...."[^23] We will not, therefore, consider whether other
proposals for a new Victoria television station would be technically
qualified prior to the auction.

Moreover, we decline to remove the Victoria, Texas, construction permit
from this auction based on speculation that a long-form application
filed by a winning bidder may fail to protect from harmful interference
the Class A low power television station (KVHM-LP) licensed to Mr.
Lopez. After the close of competitive bidding, the winning bidder for
the construction permit for TV-NTS009-31 at Victoria, Texas, if any,
will be required to submit a long-form application (FCC Form 301) and
demonstrate *inter alia* compliance with all of the technical rules
concerning operation of a full-power television station. As part of its
long-form application review, the staff will determine whether the
winning bidder's proposed facility would cause harmful interference to
all relevant stations, including the Lopez Class A low power television
station.[^24] For this reason, we decline to remove from Auction No. 64
the construction permit for station TV-NTS009-31 at Victoria, Texas.

However, we take this opportunity to remind potential bidders to
undertake appropriate due diligence, including engineering studies, site
inspections, and other research, prior to participating in this auction
to ensure that their desired facility may be implemented.[^25]

**b. Closed Construction Permit**

Pursuant to the Congressional directive of Section 309(l)(3) of the
Communications Act,[^26] and procedures established by the Commission in
the *Broadcast Competitive Bidding First Report and Order*,[^27]
competitive bidding for certain broadcast construction permits is
"closed" or restricted to applications which meet designated criteria.
Attachment A lists one closed construction permit, identified as
TV-NTS011-51, which is the subject of pending, mutually exclusive
applications for a new full power analog television station that were
filed prior to July 1, 1997. Participation in competitive bidding for
the TV-NTS011-51 construction permit will be limited to those applicants
identified for the closed construction permit in Attachment A of this
public notice.

To be eligible to participate in competitive bidding for any of the
construction permits identified in Attachment A of this public notice,
each interested party, including those individuals or entities with a
pending long-form application listed in Attachment A, must submit before
the January 20, 2006, deadline a complete and correct short-form
application and otherwise comply with the deadlines and requirements
outlined in this Public Notice.

In the *Auction No. 64 Comment Public Notic*e released on September 23,
2005, the Bureaus required each of the nine specified auction applicants
for this closed construction permit to submit its FCC registration
number (FRN) before 5:00 p.m. Eastern Time (ET) on November 16,
2005.[^28] The requirements for this FRN submission were specified in
that public notice.[^29] The *Auction No. 64 Comment Public Notic*e
explained that if one of the specified applicants failed to provide this
information in the prescribed manner and before the deadline specified,
its long-form application would be dismissed and it would no longer be
eligible for competitive bidding for a construction permit for station
TV-NTS011-51.[^30] Four out of the nine specified applicants failed to
submit the required FRN. Accordingly, the Video Division of the Media
Bureau has dismissed the long-form applications (FCC Forms 301) for a
construction permit for station TV-NTS011-51, on NTSC channel 51, at
Jackson, Mississippi, of Fant Broadcasting Development, LLC, Natchez
Trace Broadcasting Company, United Television, Inc., and Winstar
Broadcasting Corp. A separate public notice announcing that action will
be released shortly.

## Rules and Disclaimers 

### Relevant Authority 

Prospective applicants must familiarize themselves thoroughly with the
Commission's general competitive bidding rules, including recent
amendments and clarifications.[^31] Broadcasters should also familiarize
themselves with the Commission's rules relating to the television
broadcast service contained in 47 C.F.R. §§ 73.601--73.699 and
73.1001--73.4280. Prospective applicants also must be familiar with the
rules relating to competitive bidding proceedings contained in 47 C.F.R.
§§ 1.2001--1.2112 and broadcast auctions contained in 47 C.F.R. §§
73.5000--73.5009. Prospective applicants also must be thoroughly
familiar with the procedures, terms and conditions (collectively,
"terms") contained in this public notice, the *Auction No. 64 Comment*
*Public Notice,* the *Broadcast Competitive Bidding First Report and
Order,*[^32] the *Broadcast Competitive Bidding First Reconsideration
Order,*[^33] the *New Entrant Bidding Credit Reconsideration
Order,*[^34] and the *Noncommercial Educational Second Report and
Order*.[^35]

The terms contained in the Commission's rules, relevant orders, and
public notices are not negotiable. The Commission may amend or
supplement the information contained in our public notices at any time,
and will issue public notices to convey any new or supplemental
information to applicants. It is the responsibility of each applicant to
remain current with all Commission rules and with all public notices
pertaining to this auction. Copies of most Commission documents,
including public notices, can be retrieved from the FCC Auctions
Internet site at <http://wireless.fcc.gov/auctions>. Additionally,
documents are available for public inspection and copying between 8:00
a.m. and 4:30 p.m. ET Monday through Thursday or 8:00 a.m. to 11:30 a.m.
on Fridays at the FCC Reference Information Center, 445 12th Street, SW,
Room CY-A257, Washington, DC 20554. Documents may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.
("BCPI"), 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (800)
378-3160 or [http://www.bcpiweb.com](http://www.bcpiweb.com/).[^36]

### Prohibition of Collusion 

To ensure the competitiveness of the auction process, the Commission's
Part 1 rules prohibit applicants competing for construction permits in
the same geographic license area from communicating with each other
about bids, bidding strategies, or settlements unless such applicants
have identified each other on their short-form applications (FCC Forms
175) as parties with whom they have entered into agreements under
Section 1.2105(a)(2)(viii).[^37] Thus, applicants competing for
construction permits in the same geographic license area must
affirmatively avoid all communications with each other that affect or,
in their reasonable assessment, have the potential to affect bids or
bidding strategy. In some instances, this prohibition extends to
communications regarding the post-auction market structure. This
prohibition begins at the short-form application filing deadline and
ends at the down payment deadline after the auction, which will be
announced in a future public notice.[^38] **This prohibition applies to
all applicants regardless of whether such applicants become qualified
bidders or actually bid.**[^39]

In Auction No. 64, the rule would apply to applicants bidding for any of
the same construction permits.[^40] Therefore, two applicants that apply
to bid for any one common television station construction permit would
be precluded from engaging in prohibited communications during the
period from the short-form application deadline until the down payment
deadline following the close of the auction. In addition, even if
auction applicants select to bid on their short-form applications for
only one common television station construction permit, they may not
discuss with each other their bids or bidding strategies relating to any
television station construction permit for which either applicant
selected to bid on the applicant\'s short-form application.

For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
"applicant" as including all officers and directors of the entity
submitting a short-form application to participate in the auction,[^41]
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.[^42]

Applicants competing for construction permits for any of the same
television stations must not communicate indirectly about bids or
bidding strategy.[^43] Accordingly, such applicants 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 that the authorized bidder is authorized to represent in the
auction. Also, if the authorized bidders are different individuals
employed by the same organization (*e.g*., law firm or engineering firm
or consulting firm), a violation similarly could occur.[^44] In such a
case, at a minimum, applicants should certify on their applications that
precautionary steps have been taken to prevent communication between
authorized bidders and that applicants and their bidding agents will
comply with the anti‑collusion rule.[^45] Similarly, we note that a
violation of the anti-collusion rule could occur in other contexts, such
as, an individual serving as an officer for two or more competing
applicants.[^46]

The Commission's anti-collusion rules allow applicants in Auction No. 64
to form certain agreements during the auction, provided the applicants
have not applied for any of the same construction permits. However,
applicants may enter into bidding agreements **before** filing their
short-form applications, as long as they disclose the existence of the
agreement(s) in their short-form application.[^47] If parties agree in
principle on all material terms prior to the short-form filing deadline,
those parties must be identified on the short-form application under
Section 1.2105(c), even if the agreement has not been reduced to
writing. If the parties have not agreed in principle by the filing
deadline, an applicant would not include the names of those parties on
its application, and may not continue negotiations, discussions or
communications with other applicants for construction permits for the
same designated market.[^48] By signing its short-form application, each
applicant is certifying its compliance with Sections 1.2105(c) and
73.5002.

By electronically submitting its short-form application, each applicant
certifies its compliance with Sections 1.2105(c) and 73.5002. However,
the Bureaus caution that merely filing a certifying statement as part of
an application will not outweigh specific evidence that collusive
behavior has occurred, nor will it preclude the initiation of an
investigation when warranted.[^49]

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.[^50] Thus, Section 1.65 requires an auction
applicant to notify the Commission of any violation of the
anti-collusion rules upon learning of such violation.[^51] Applicants
are therefore required by Section 1.65 to make such notification to the
Commission immediately upon discovery. In addition, Section 1.2105(c)(6)
requires that any applicant that makes or receives a communication
prohibited by Section 1.2105(c) must report such communication to the
Commission in writing immediately, and in no case later than five
business days after the communication occurs.[^52]

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, and
other arrangements entered into relating to the competitive bidding
process.[^53] Any applicant found to have violated the anti-collusion
rule may be subject to sanctions.[^54]

Applicants are reminded that they are subject to the antitrust laws,
which are designed to prevent anticompetitive behavior in the
marketplace.[^55] Compliance with the disclosure requirements of the
Commission's anti-collusion rule will not necessarily insulate a party
from enforcement of the antitrust laws.[^56] If an applicant is found to
have violated the antitrust laws or the Commission's rules 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.[^57]

A summary listing of documents issued by the Commission and the Bureaus
addressing the application of the anti-collusion rule may be found in
Attachment F and these documents are available on the Commission's
auction anti-collusion web page.[^58]

### Due Diligence 

Potential bidders are reminded that they are solely responsible for
investigating and evaluating all technical and market place factors that
may have a bearing on the value of the broadcast facilities in this
auction. **The FCC makes no representations or warranties about the use
of this spectrum for particular services.** **Applicants should be aware
that an FCC auction represents an opportunity to become an FCC
construction permittee in the broadcast service, subject to certain
conditions and regulations.** **An FCC auction does not constitute an
endorsement by the FCC of any particular service, technology, or
product, nor does an FCC construction permit or license constitute a
guarantee of business success.** Applicants should perform their
individual due diligence before proceeding as they would with any new
business venture.

Potential bidders are strongly encouraged to conduct their own research
prior to the beginning of bidding in Auction No. 64 in order to
determine the existence of any pending administrative or judicial
proceedings that might affect their decision regarding participation in
bidding in the auction. Participants in Auction No. 64 are strongly
encouraged to continue such research throughout the auction. In
addition, potential bidders should perform technical analyses sufficient
to assure themselves that, should they prevail in competitive bidding
for a specific construction permit, they will be able to build and
operate facilities that will fully comply with the Commission\'s
technical and legal requirements.

Potential bidders should also be aware that certain pending and future
applications (including those for modification), petitions for
rulemaking, requests for special temporary authority, waiver requests,
petitions to deny, petitions for reconsideration, informal oppositions,
and applications for review before the Commission may relate to
particular applicants or incumbent construction permittees or incumbent
licensees or the construction permits available in Auction No. 64. In
addition, pending and future judicial proceedings may relate to
particular applicants, incumbent construction permittees, or incumbent
licensees, or the construction permits available in Auction No. 64.
Prospective bidders are responsible for assessing the likelihood of the
various possible outcomes, and considering their potential impact on
construction permits available in this auction.

In particular, potential bidders are strongly encouraged to review all
underlying Commission orders, such as the specific report and order
amending the television and digital television Tables of Allotments and
allotting the analog or digital television channel(s) on which they plan
to bid.[^59] Bidders are also responsible for reviewing all pending
rulemaking petitions and open proceedings that might affect the
construction permit(s) on which they plan to bid.

Prospective bidders should perform due diligence to identify and
consider all proceedings that may affect the construction permits being
auctioned. We note that resolution of such matters could have an impact
on the availability of spectrum for construction permits included in
Auction No. 64. In addition, although the Commission may continue to act
on various pending applications, informal objections, petitions, and
other requests for Commission relief, some of these matters may not be
resolved by the time of the beginning of bidding in this auction.

**Applicants are solely responsible for identifying associated risks and
for investigating and evaluating the degree to which such matters may
affect their ability to bid on, otherwise acquire, or make use of the
construction permits available in Auction No. 64. Potential applicants
are strongly encouraged to physically inspect any sites located in, or
near, the service area for which they plan to bid, and also to
familiarize themselves with the environmental assessment obligations
described in Section I.B.5 of this public notice.**

Potential bidders for any new television facility in this auction should
note that full service television stations are in the process of
converting from analog to digital operation and that stations may have
pending applications to construct and operate digital television
facilities, construction permits and/or licenses for such digital
facilities. Bidders should investigate the impact such applications,
permits and licenses may have on their ability to operate the facilities
proposed in this auction.

Potential bidders are reminded also that, in November of 1999, Congress
enacted the Community Broadcasters Protection Act of 1999 (CBPA) which
established a new Class A television service.[^60] In response to the
enactment of the CBPA, in the *Class A Report and Order*, the Commission
adopted rules to establish the new Class A television service, including
rules to provide interference protection for eligible Class A television
stations from new full power television stations.[^61] As required by
this order, a winning bidder in Auction No. 64, upon submission of its
long-form application (FCC Form 301), will have to provide interference
protection to qualified Class A television stations. Therefore,
potential bidders are encouraged to perform engineering studies to
determine the existence of Class A television stations and their effect
on the ability to operate any full power television station proposed in
this auction.

Potential bidders may research the licensing database for the Media
Bureau on the Internet in order to determine which channels are already
licensed to incumbent licensees or previously authorized to construction
permittees, including information about the identity and location of
Class A television stations. Licensing records for the Media Bureau are
contained in the Media Bureau's Consolidated Data Base System (CDBS) and
may be researched on the Internet at <http://www.fcc.gov/mb/>.[^62]
Potential bidders may query the database online and download a copy of
their search results if desired. Detailed instructions on using Search
for Station Information, Search for Ownership Report Information and
Search for Application Information and downloading query results are
available online by selecting the CDBS Public Access (main) button at
the bottom of the Electronic Filing and Public Access list section. The
database searches return either station or application data. The
application search provides an application link that displays the
complete electronically filed application in application format. An
AL/TC search under the application search link permits searching for
Assignment of License/Transfer of Control groups using the AL/TC group
lead application. For further details, click on the Help file. Potential
bidders should direct questions regarding the search capabilities of
CDBS to the Media Bureau help line at (202) 418-2662, or via e-mail at
<mbinfo@fcc.gov>.

The Commission makes no representations or guarantees regarding the
accuracy or completeness of information in its databases or any third
party databases, including, for example, court docketing systems. To the
extent the Commission's databases may not include all information deemed
necessary or desirable by a bidder, bidders may obtain or verify such
information from independent sources or assume the risk of any
incompleteness or inaccuracy in said databases. Furthermore, the
Commission makes no representations or guarantees regarding the accuracy
or completeness of information that has been provided by incumbent
licensees and incorporated into the database.

### Bidder Alerts

As is the case with many business investment opportunities, some
unscrupulous entrepreneurs may attempt to use Auction No. 64 to deceive
and defraud unsuspecting investors. Common warning signals of fraud
include the following:

-   The first contact is a "cold call" from a telemarketer, or is made
    in response to an inquiry prompted by a radio or television
    infomercial.

-   The offering materials used to invest in the venture appear to be
    targeted at IRA funds, for example, by including all documents and
    papers needed for the transfer of funds maintained in IRA accounts.

-   The amount of investment is less than \$25,000.

-   The sales representative makes verbal representations that: (a) the
    Internal Revenue Service ("IRS"), Federal Trade Commission ("FTC"),
    Securities and Exchange Commission ("SEC"), FCC, or other government
    agency has approved the investment; (b) the investment is not
    subject to state or federal securities laws; or (c) the investment
    will yield unrealistically high short-term profits. In addition, the
    offering materials often include copies of actual FCC releases, or
    quotes from FCC personnel, giving the appearance of FCC knowledge or
    approval of the solicitation.

Information about deceptive telemarketing investment schemes is
available from the FTC at (202) 326-2222 and from the SEC at (202)
942-7040. Complaints about specific deceptive telemarketing investment
schemes should be directed to the FTC, the SEC, or the National Fraud
Information Center at (800) 876-7060. Consumers who have concerns about
specific proposals regarding Auction No. 64 may also call the FCC
Consumer Center at (888) CALL-FCC ((888) 225-5322).

### National Environmental Policy Act Requirements

Construction permittees or licensees must comply with the Commission's
rules regarding implementation of the National Environmental Policy Act
("NEPA").[^63] The construction of a broadcast facility is a federal
action and the construction permittee must comply with the Commission's
NEPA rules for each such facility.[^64] The Commission's NEPA rules
require, among other things, that the construction permittee consult
with expert agencies having NEPA responsibilities, including the U.S.
Fish and Wildlife Service, the State Historic Preservation Office, the
U.S. Army Corps of Engineers and the Federal Emergency Management Agency
(through the local authority with jurisdiction over floodplains). The
construction permittee must prepare environmental assessments for
broadcast facilities that may have a significant impact in or on
wilderness areas, wildlife preserves, threatened or endangered species
or designated critical habitats, historical or archaeological sites,
Indian religious sites, floodplains, and surface features. The
construction permittee also must prepare environmental assessments for
facilities that include high intensity white lights in residential
neighborhoods or excessive radio frequency emission.

## Auction Specifics

### Auction Date

Bidding in this auction will begin on Wednesday, March 15, 2006, as
announced in the *Auction No. 64* *Comment Public Notice*.[^65] The
initial schedule for bidding will be announced by public notice at least
one week before the start of the auction. Unless otherwise announced,
bidding on all construction permits will be conducted on each business
day until bidding has stopped on all construction permits.

### Auction Title

Auction No. 64 -- Full Power Television.

### Bidding Methodology 

The bidding methodology for Auction No. 64 will be simultaneous multiple
round bidding. The Commission will conduct this auction over the
Internet using the FCC's Integrated Spectrum Auction system ("ISAS" or
"FCC Auction System"), and telephonic bidding will be available as well.
Qualified bidders are permitted to bid electronically via the Internet
or by telephone.

### Pre-Auction Dates and Deadlines

Auction Seminar January 11, 2006

FCC Form 175 Filing Window Opens January 11, 2006; 12:00 p.m. ET

FCC Form 175 Filing Window Deadline January 20, 2006; 6:00 p.m. ET

Upfront Payments (via wire transfer) February 17, 2006; 6:00 p.m. ET

Mock Auction March 13, 2006

Auction Begins March 15, 2006

### Requirements for Participation

Those wishing to participate in the auction must:

-   Submit a short-form application (FCC Form 175) electronically prior
    to 6:00 p.m. Eastern Time (ET), January 20, 2006, following the
    electronic filing procedures set forth in Attachment C to this
    public notice.

-   Submit a sufficient upfront payment and an FCC Remittance Advice
    Form (FCC Form 159) before 6:00 p.m. ET, February 17, 2006.

-   Comply with all provisions outlined in this public notice and
    applicable Commission rules.

### General Contact Information

+-----------------------------------+----------------------------------+
| GENERAL AUCTION INFORMATION       | FCC Auctions Hotline             |
+-----------------------------------+----------------------------------+
| General Auction Questions         | \(888\) 225-5322, option two;    |
+-----------------------------------+----------------------------------+
| Seminar Registration              | or (717) 338-2888                |
+-----------------------------------+----------------------------------+
|                                   | Hours of service: 8:00 a.m. --   |
|                                   | 5:30 p.m. ET,                    |
|                                   |                                  |
|                                   | Monday through Friday            |
+-----------------------------------+----------------------------------+
| AUCTION LEGAL INFORMATION         | Auctions and Spectrum Access     |
|                                   | Division                         |
+-----------------------------------+----------------------------------+
| Auction Rules, Policies,          | \(202\) 418-0660                 |
| Regulations                       |                                  |
+-----------------------------------+----------------------------------+
| LICENSING INFORMATION             | Video Division                   |
+-----------------------------------+----------------------------------+
| Rules, Policies, Regulations      | \(202\) 418-1600                 |
|                                   |                                  |
| Licensing Issues, Engineering     |                                  |
| Issues,                           |                                  |
|                                   |                                  |
| Due Diligence, Incumbency Issues  |                                  |
+-----------------------------------+----------------------------------+
| TECHNICAL SUPPORT                 | FCC Auctions Technical Support   |
|                                   | Hotline                          |
+-----------------------------------+----------------------------------+
| Electronic Filing                 | \(877\) 480-3201, option nine;   |
|                                   | or (202) 414-1250                |
+-----------------------------------+----------------------------------+
| FCC Auction System                | \(202\) 414-1255 (TTY)           |
|                                   |                                  |
|                                   | Hours of service: 8:00 a.m. --   |
|                                   | 6:00 p.m. ET,                    |
|                                   |                                  |
|                                   | Monday through Friday            |
+-----------------------------------+----------------------------------+
| PAYMENT INFORMATION               | FCC Auctions Accounting Branch   |
+-----------------------------------+----------------------------------+
| Wire Transfers                    | \(202\) 418-0578                 |
+-----------------------------------+----------------------------------+
| Refunds                           | \(202\) 418-2843 (Fax)           |
+-----------------------------------+----------------------------------+
| AUCTION BIDDER LINE               | Will be furnished only to        |
|                                   | qualified bidders                |
+-----------------------------------+----------------------------------+
| FCC COPY CONTRACTOR               | Best Copy and Printing, Inc      |
+-----------------------------------+----------------------------------+
| Additional Copies of              | 445 12^th^ Street, SW, Room      |
|                                   | CY-B402                          |
+-----------------------------------+----------------------------------+
| Commission Documents              | Washington, DC 20554             |
|                                   |                                  |
|                                   | \(800\) 378-3160                 |
|                                   |                                  |
|                                   | [http://www.bcpiw                |
|                                   | eb.com](http://www.bcpiweb.com/) |
+-----------------------------------+----------------------------------+
| PRESS INFORMATION                 | Chelsea Fallon (202) 418-7991    |
+-----------------------------------+----------------------------------+
| FCC FORMS                         | \(800\) 418-3676 (outside        |
|                                   | Washington, DC)                  |
|                                   |                                  |
|                                   | \(202\) 418-3676 (in the         |
|                                   | Washington area)                 |
|                                   |                                  |
|                                   | <h                               |
|                                   | ttp://www.fcc.gov/formpage.html> |
+-----------------------------------+----------------------------------+
| ACCESSIBLE FORMATS                | Consumer and Governmental        |
|                                   | Affairs Bureau                   |
+-----------------------------------+----------------------------------+
| Braille, large print, electronic  | \(202\) 418-0530 or (202)        |
| files, or                         | 418-0432 (TTY)                   |
+-----------------------------------+----------------------------------+
| audio format for people with      | <fcc504@fcc.gov>                 |
| disabilities                      |                                  |
+-----------------------------------+----------------------------------+
| FCC INTERNET SITES                | [http://w                        |
|                                   | ww.fcc.gov](http://www.fcc.gov/) |
|                                   |                                  |
|                                   | <h                               |
|                                   | ttp://wireless.fcc.gov/auctions> |
|                                   |                                  |
|                                   | <http://wireless.fcc.gov/uls>    |
|                                   |                                  |
|                                   | [ht                              |
|                                   | tp://www.fcc.gov/mb]{.underline} |
+-----------------------------------+----------------------------------+

#   {#section-1 .unnumbered}

# short-form application (FCC FORM 175) REQUIREMENTS 

An application to participate in an FCC auction, referred to as a
short-form application or FCC Form 175, provides information used in
determining whether the applicant is legally, technically, and
financially qualified to participate in Commission auctions for licenses
or construction permits.[^66] The short-form application is the first
part of the Commission's two-phased auction application process which
contemplates that potential construction permittees or licensees file
streamlined, short-form applications in which applicants certify under
penalty of perjury as to their qualifications.[^67] Eligibility to
participate in bidding is based on the applicants\' short-form
applications and certifications. In the second phase, winning bidders
file a more comprehensive long-form application.[^68]

Entities seeking construction permits available in Auction No. 64 must
file electronically via the FCC Auction System a short-form application
before 6:00 p.m. ET on January 20, 2006, following the procedures
prescribed in Attachment C to this public notice. For Auction No. 64, if
an applicant claims eligibility for a bidding credit, the information
provided in its FCC Form 175 will be used in determining whether the
applicant is eligible for the claimed bidding credit. Applicants bear
full responsibility for submission of accurate, complete and timely
short-form applications. All applicants must certify on their short-form
applications under penalty of perjury that they are legally,
technically, financially and otherwise qualified to hold a license.[^69]
Applicants should read the instructions set forth in Attachment C to
this public notice carefully and should consult the Commission's rules
to ensure that, in addition to the materials described below, all the
information that is required under the Commission's rules is included
with their short-form applications.[^70]

An entity may not submit more than one short-form application in a
single auction. In the event that a party submits multiple short-form
applications, such additional applications will be dismissed.

Applicants also should note that submission of a short-form application
constitutes a representation by the certifying official that he or she
is an authorized representative of the applicant, has read the form's
instructions and certifications, and that the contents of the
application, its certifications, and any attachments are true and
correct. Submission of a false certification to the Commission may
result in penalties, including monetary forfeitures, license
forfeitures, ineligibility to participate in future auctions, and/or
criminal prosecution.

## New Entrant Bidding Credit 

**To fulfill its obligations under 47 U.S.C. § 309(j) and further its
long-standing commitment to the diversification of broadcast facility
ownership, the Commission adopted a tiered New Entrant Bidding Credit
for broadcast auction applicants with no, or very few, other media
interests.**

The interests of the applicant, and of any individuals or entities with
an attributable interest in the applicant, in other media of mass
communications shall be considered when determining an auction
applicant\'s eligibility for the New Entrant Bidding Credit.[^71] The
applicant\'s attributable interests shall be determined as of the
short-form application (FCC Form 175) filing deadline, January 20, 2006.
Thus, the applicant\'s maximum new entrant bidding credit eligibility
will be determined as of the short-form application filing deadline. Any
applicant intending to divest a media interest or make any other
ownership changes, such as resignation of positional interests, in order
to avoid attribution for purposes of qualifying for the New Entrant
Bidding Credit must have consummated such divestment transactions or
have completed such ownership changes by no later than the short-form
filing deadline, January 20, 2006.[^72] Prospective applicants are
reminded, however, that events occurring after the short-form filing
deadline, such as the acquisition of attributable interests in media of
mass communications, may cause diminishment or loss of the bidding
credit, and must be reported immediately.

Under traditional broadcast attribution rules, those entities or
individuals with an attributable interest in an applicant include:

• all officers and directors of a corporate applicant;

• any owner of 5 percent or more of the voting stock of a corporate
applicant;

• all partners and limited partners of a partnership bidder, unless the
limited partners are sufficiently insulated; and

• all members of a limited liability company, unless sufficiently
insulated.[^73]

In cases where an applicant\'s spouse or close family member holds other
media interests, such interests are not automatically attributable to
the applicant. The Commission decides attribution issues in this context
based on certain factors traditionally considered relevant.[^74]
Applicants should note that the mass media attribution rules were
revised in 1999.[^75]

Applicants also are reminded that, by the *New Entrant Bidding Credit
Reconsideration Order,* the Commission further refined the eligibility
standards for the New Entrant Bidding Credit, judging it appropriate to
attribute the media interests held by very substantial investors in, or
creditors of, an applicant claiming new entrant status. Specifically,
the attributable mass media interests held by an individual or entity
with an equity and/or debt interest in an applicant shall be attributed
to that auction applicant for purposes of determining its eligibility
for the New Entrant Bidding Credit, if the equity and debt interests, in
the aggregate, exceed 33 percent of the total asset value of the
applicant, even if such an interest is non-voting.[^76]

Generally, media interests will be attributable for purposes of the New
Entrant Bidding Credit to the same extent that such other media
interests are considered attributable for purposes of the broadcast
multiple ownership rules.[^77] However, attributable interests held by a
winning bidder in existing low power television, television translator
or FM translator facilities will not be counted among the winning
bidder\'s other mass media interests in determining its eligibility for
a New Entrant Bidding Credit.[^78] A medium of mass communications is
defined in 47 C.F.R. § 73.5008(b). Full service noncommercial
educational stations, on both reserved and non-reserved channels, are
included among "media of mass communications" as defined in Section
73.5008(b).[^79]

## Application Requirements

In addition to the ownership information required pursuant to 47 C.F.R.
§§ 1.2105 and 1.2112, applicants are required to establish on their
short-form applications that they satisfy the eligibility requirements
to qualify for a New Entrant Bidding Credit.[^80] In those cases where a
New Entrant Bidding Credit is being sought, a certification under
penalty of perjury must be provided in completing the applicant's
short-form application. An applicant claiming that it qualifies for a 35
percent new entrant bidding credit must certify that neither it nor any
of its attributable interest holders have any attributable interests in
any other media of mass communications. An applicant claiming that it
qualifies for a 25 percent new entrant bidding credit must certify that
neither it nor any of its attributable interest holders have any
attributable interests in more than three media of mass communications,
and must identify and describe such media of mass communications.[^81]

### 1. Bidding Credits {#bidding-credits .unnumbered}

Applicants that qualify for the New Entrant Bidding Credit, as specified
in the applicable rule,[^82] are eligible for a bidding credit that
represents the amount by which a bidder\'s winning bid is discounted.
The size of a New Entrant Bidding Credit depends on the number of
ownership interests in other media of mass communications that are
attributable to the bidder-entity and its attributable interest-holders:

• A 35 percent bidding credit will be given to a winning bidder if it,
and/or any individual or entity with an attributable interest in the
winning bidder, has no attributable interest in any other media of mass
communications, as defined in 47 C.F.R. § 73.5008;

• A 25 percent bidding credit will be given to a winning bidder if it,
and/or any individual or entity with an attributable interest in the
winning bidder, has an attributable interest in no more than three mass
media facilities, as defined in 47 C.F.R. § 73.5008; and

• No bidding credit will be given if any of the commonly owned mass
media facilities serve the same area as the proposed broadcast station,
as defined in 47 C.F.R. § 73.5007(b), or if the winning bidder, and/or
any individual or entity with an attributable interest in the winning
bidder, has attributable interests in more than three mass media
facilities.

Bidding credits are not cumulative; qualifying applicants receive either
the 25 percent or the 35 percent bidding credit, but not both.
Attributable interests are defined in 47 C.F.R. § 73.3555 and Note 2 of
that section.[^83]

### 2. Unjust Enrichment {#unjust-enrichment .unnumbered}

Applicants should note that unjust enrichment provisions apply to a
winning bidder that utilizes a bidding credit and subsequently seeks to
assign or transfer control of its license or construction permit to an
entity not qualifying for the same level of bidding credit.[^84]

[]{.mark}

## Permit Selection

There is no opportunity to change construction permit selection after
the short-form filing deadline.[^85] It is critically important that
each applicant confirms its construction permit selection because the
FCC Auction System will not accept bids on construction permits that an
applicant has not selected on its short-form application.[^86] In
addition, prospective applicants should note that participation in
competitive bidding for a construction permit for station TV-NTS011-51
(closed permit) will be limited to those applicants identified under the
"closed" construction permit in Attachment A, provided such parties
submit an acceptable short-form application pursuant to the Commission's
rules and procedures described in this public notice.

## Consortia and Joint Bidding Arrangements

Applicants will be required to indicate on their applications whether
they have entered into any explicit or implicit agreements, arrangements
or understandings of any kind with any parties, other than those
identified, regarding the amount of their bids, bidding strategies, or
the particular construction permits on which they will or will not
bid.[^87] Applicants also will be required to identify on their
short-form applications any parties with whom they have entered into any
consortium arrangements, joint ventures, partnerships or other
agreements or understandings that relate in any way to the construction
permits being auctioned, including any agreements relating to
post-auction market structure.[^88] If an applicant has had discussions,
but has not reached a joint bidding agreement by the short-form
application filing deadline, it would not include the names of parties
to the discussions on its applications and may not continue such
discussions with applicants for the same construction permit after the
deadline.[^89]

A party holding a non-controlling, attributable interest in one
applicant will be permitted to acquire an ownership interest in, form a
consortium with, or enter into a joint bidding arrangement with other
applicants for construction permits in the same market provided that (i)
the attributable interest holder certifies that it has not and will not
communicate with any party concerning the bids or bidding strategies of
more than one of the applicants in which it holds an attributable
interest, or with which it has formed a consortium or entered into a
joint bidding arrangement; and (ii) the arrangements do not result in a
change in control of any of the applicants.[^90] While the
anti-collusion rules do not prohibit non-auction related business
negotiations among auction applicants, applicants are reminded that
certain discussions or exchanges could touch upon impermissible subject
matters because they may convey pricing information and bidding
strategies.[^91] Such subject areas include, but are not limited to,
issues such as management, sales, local marketing agreements,
rebroadcast agreements, and other transactional agreements.

## Ownership Disclosure Requirements 

The Commission specified in the *Broadcast Competitive Bidding First
Report and Order* that, for purposes of determining eligibility to
participate in a broadcast auction, the uniform Part 1 ownership
disclosure standards would apply.[^92] Therefore, all applicants must
comply with the uniform Part 1 ownership disclosure standards and
provide information required by Sections 1.2105 and 1.2112 of the
Commission's rules. Specifically, in completing the short-form
application, applicants will be required to fully disclose information
on the real party or parties-in-interest and ownership structure of the
bidding entity. The ownership disclosure standards for the short-form
application are prescribed in Sections 1.2105 and 1.2112 of the
Commission's rules.[^93] Each applicant is responsible for information
submitted in its short-form application being complete and accurate.

To simplify filling out its short-form application, an applicant's most
current ownership information on file with the Commission in an
electronic format compatible with the short-form application (FCC Form
175), such as information submitted in an on-line FCC Form 602 in
connection with wireless services or in a short-form application (FCC
Form 175) filed for a previous auction, will be entered automatically
into the applicant\'s short-form application for Auction No. 64. An
applicant should review carefully any information automatically entered
to confirm that it is complete and accurate as of the deadline for
filing the short-form application. Applicants can update any information
that needs to be changed directly in the short-form application.

## Provisions Regarding Former and Current Defaulters

Each applicant in Auction No. 64 must state under penalty of perjury on
its short-form application whether or not the applicant, its
affiliates,[^94] its controlling interests, or any affiliate of its
controlling interests, have ever been in default on any Commission
construction permit or license or have ever been delinquent on any
non-tax debt owed to any Federal agency.[^95] In addition, each
applicant must certify under penalty of perjury on its short-form
application that the applicant, its affiliates, its controlling
interests, and the affiliates of its controlling interests, as defined
by Section 1.2110, as of the filing deadline for applications to
participate in a specific auction, are not in default on any payment for
a Commission construction permit or license (including a down payment)
and that they are not delinquent on any non-tax debt owed to any Federal
agency.[^96] Prospective applicants are reminded that submission of a
false certification to the Commission is a serious matter that may
result in severe penalties, including monetary forfeitures, license
revocations, exclusion from participation in future auctions, and/or
criminal prosecution.

"Former defaulters" --- *i.e.*, applicants, including any of its
affiliates, any of its controlling interests, or any of the affiliates
of its controlling interests, that in the past have defaulted on any
Commission construction permits or licenses or been delinquent on any
non-tax debt owed to any Federal agency, but that have since remedied
all such defaults and cured all of their outstanding non-tax
delinquencies --- are eligible to bid in Auction No. 64, provided that
they are otherwise qualified. However, former defaulters are required to
pay upfront payments that are fifty percent more than the normal upfront
payment amounts.[^97]

In contrast, an applicant is not eligible to participate in competitive
bidding in Auction No. 64 if the applicant, any of its affiliates, any
of its controlling interests, or any of the affiliates of its
controlling interests, is in default on any payment for any Commission
construction permit or license (including a down payment) or is
delinquent on any non-tax debt owed to any Federal agency as of the
filing deadline for applications to participate in this auction.[^98]

Applicants are encouraged to review the Wireless Telecommunications
Bureau's previous guidance on default and delinquency disclosure
requirements in the context of the auction short-form application
process.[^99] For example, it has been determined that to the extent
that Commission rules permit late payment of regulatory or application
fees accompanied by late fees, such debts will become delinquent for
purposes of Sections 1.2105(a) and 1.2106(a) only after the expiration
of a final payment deadline.[^100] Therefore, with respect to regulatory
or application fees, the sanctions Sections 1.2105(a) and 1.2106(a)
impose with respect to competitive bidding are limited to circumstances
in which the relevant party has not complied with a final Commission
payment deadline.[^101]

The Commission considers outstanding debts owed to the United States
Government, in any amount, to be a serious matter. The Commission
adopted rules, including a provision referred to as the \"red light
rule,\" that implement the Commission\'s obligations under the Debt
Collection Improvement Act of 1996, which governs the collection of
claims owed to the United States.[^102] Under the red light rule, the
Commission will not process applications and other requests for benefits
filed by parties that have outstanding debts owed to the Commission. In
the same rulemaking order, the Commission explicitly declared, however,
that the Commission\'s competitive bidding rules \"are not affected\" by
the red light rule.[^103] As a consequence, the Commission\'s adoption
of the red light rule does not alter the applicability of any of the
Commission\'s competitive bidding rules, including the provisions and
certifications of Sections 1.2105 and 1.2106, with regard to current and
former defaults or delinquencies. Applicants are reminded, however, that
the Commission's Red Light Display System, which provides information
regarding debts owed to the Commission, may not be determinative of an
auction applicant's ability to comply with the default and delinquency
disclosure requirements of 47 C.F.R. § 1.2105.[^104] Thus, while the red
light rule may ultimately prevent the processing of long-form
applications by auction winners, an auction applicant's "red light"
status is not necessarily determinative of its eligibility to
participate in this auction or to its upfront payment obligation.

Prospective applicants in Auction No. 64 should note that any long-form
applications filed after the close of competitive bidding will be
reviewed for compliance with the Commission's red light rule,[^105] and
such review may result in the dismissal of a winning bidder\'s long-form
application.[^106]

## Other Information

Applicants owned by minorities or women, as defined in Section
1.2110(c)(2), may identify themselves in filling out their short-form
applications regarding this status.[^107] This applicant status
information is collected for statistical purposes only and assists the
Commission in monitoring the participation of "designated entities" in
its auctions.

## Minor Modifications to Short-Form Applications (FCC Forms 175)

Following the deadline for filing short-form applications (FCC Forms
175) on **January 20, 2006**, applicants in Auction No. 64 are permitted
to make only minor changes to their applications. Applicants are not
permitted to make major modifications to their applications (*e.g.*,
change their construction permit selections, change control of the
applicant, increase a previously claimed bidding credit, or change their
self-identification as a noncommercial educational entity).[^108]
Permissible minor changes include, for example, deletion and addition of
authorized bidders (to a maximum of three) and revision of addresses and
telephone numbers of the applicants and their contact persons.

Any application amendment and related statements of fact must be
certified by: (1) the applicant, if the applicant is an individual, (2)
one of the partners if the applicant is a partnership, (3) by an
officer, director, or duly authorized employee, if the applicant is a
corporation, (4) by a member who is an officer, if the applicant is an
unincorporated association, (5) by the trustee if the applicant is an
amateur radio service club, or (6) a duly elected or appointed official
who is authorized to do so under the laws of the applicable
jurisdiction, if the applicant is a governmental entity.[^109]

An applicant must make permissible minor changes to its short-form
application (FCC Form 175), as defined by Section 1.2105(b), on-line.
Applicants must click on the SUBMIT button in the FCC Auction System for
the changes to be submitted and considered by the Commission. After the
revised application has been submitted, a confirmation page will be
displayed that states the submission time and date, along with a unique
file number.

In addition, applicants must 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:
<auction64@fcc.gov>. The electronic mail summarizing the changes must
include a subject or caption referring to Auction No. 64 and the name of
the applicant. The Bureaus request that parties format any attachments
to electronic mail as Adobe^®^ Acrobat^®^ (pdf) or Microsoft^®^ Word
documents. Questions about short-form application (FCC Form 175)
amendments should be directed to Lynne Milne of the Auctions and
Spectrum Access Division at (202) 418-0660.

## Maintaining the Accuracy of Short-Form Application Information 

Section 1.65 of the Commission's rules requires each 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.[^110] Changes that cause a loss of or reduction in
eligibility for a new entrant bidding credit must be reported
immediately.[^111] If an amendment reporting substantial changes is a
"major amendment" as defined by 47 C.F.R. § 1.2105, the major amendment
will not be accepted and may result in the dismissal of the short-form
application.[^112]

Applicants must report Section 1.65 modifications to their FCC Form 175
by electronic mail and submit a letter briefly summarizing the changes
to the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction64@fcc.gov>. The electronic
mail summarizing the changes must include a subject or caption referring
to Auction No. 64 and the name of the applicant. The Bureaus request
that parties format any attachments to electronic mail as Adobe^®^
Acrobat^®^ (pdf) or Microsoft^®^ Word documents. Questions about other
changes should be directed to Lynne Milne of the Auctions and Spectrum
Access Division at (202) 418-0660.

It is possible for an applicant to make certain minor changes to its
short-form application (FCC Form 175), such as a change of applicant
address or contact information, on-line at any time after the initial
short-form application deadline. Applicants must click on the SUBMIT
button in the FCC Auction System for such changes to be submitted and
considered by the Commission. After the revised application has been
submitted, a confirmation page will be displayed that states the
submission time and date, along with a unique file number.

# PRE-AUCTION PROCEDURES

## Auction Seminar --- January 11, 2006

On Wednesday, January 11, 2006, the FCC will sponsor a seminar for
parties interested in participating in Auction No. 64 at the Federal
Communications Commission headquarters, located at 445 12^th^ Street,
SW, Washington, DC. The seminar will provide attendees with information
about pre-auction procedures, completing the FCC Form 175, auction
conduct, the FCC Auction System, auction rules, and the full power
television broadcast service rules. The seminar will also provide an
opportunity for prospective bidders to ask questions of FCC staff.

To register, complete the registration form attached hereto as
Attachment B and submit it by **Monday**, **January 9, 2006**.
Registrations are accepted on a first-come, first-served basis. The
seminar is free of charge.

For individuals who are unable to attend, an Audio/Video of this seminar
will be available via webcast from the FCC's Auction 64 web page at
[http://wireless.fcc.gov/auctions/64/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=64).
Select the "Auction Seminar" link.

## Short-Form Application (FCC Form 175) --- Due before 6:00 p.m. ET on January 20, 2006 

In order to be eligible to bid in this auction, applicants must first
submit an FCC Form 175 application electronically via the FCC Auction
System.[^113] This application must be submitted electronically and
received at the Commission prior to 6:00 p.m. ET on January 20, 2006.
**Late applications will not be accepted**. There is no application fee
required when filing FCC Form 175. However, to be eligible to bid, an
applicant must submit an upfront payment. *See* Section III.D, *below*.

Applications generally may be filed at any time beginning at noon ET on
January 11, 2006, until 6:00 p.m. ET on January 20, 2006. Applicants are
strongly encouraged to file early and are responsible for allowing
adequate time for filing their applications. Applicants may update or
amend their electronic applications multiple times until the filing
deadline on January 20, 2006.

Applicants must always click on the **SUBMIT** button on the *Certify
and Submit* screen of the electronic form to successfully submit their
FCC Forms 175 or modifications. Any form that is not submitted will not
be reviewed by the FCC. Information about accessing, completing, and
viewing the FCC Form 175 is included in Attachment C. Technical support
is available at (877) 480-3201, option nine; (202) 414-1250; or (202)
414-1255 (text telephone (TTY)); hours of service are Monday through
Friday, from 8:00 a.m. to 6:00 p.m. ET. In order to provide better
service to the public, all calls to the hotline are recorded.

## Application Processing and Minor Corrections

After the deadline for filing the FCC Form 175 applications has passed,
the FCC will process all timely submitted applications to determine
which are acceptable for filing, and subsequently will issue a public
notice identifying: (1) those applications accepted for filing; (2)
those applications rejected; and (3) those applications which have minor
defects that may be corrected, and the deadline for resubmitting such
corrected applications.

Non-mutually exclusive applications will be listed in a subsequent
public notice to be released by the Bureaus. Such applications will not
proceed to auction, but will proceed in accordance with instructions set
forth in the subsequent public notice.[^114] All mutually exclusive
applications will be considered under the relevant procedures for
conflict resolution. Mutually exclusive commercial applications will
proceed to auction.[^115] In the *NCE Second Report and Order*, the
Commission held that applications for non-commercial educational full
power television stations on non-reserved spectrum, filed during a
television filing window, will be returned as unacceptable for filing if
mutually exclusive with any application for a commercial station.[^116]
Accordingly, if an FCC Form 175 filed during the Auction No. 64 filing
window identifying the applicant as noncommercial educational is
mutually exclusive with any application filed during that window by an
applicant for a commercial station, the former will be returned as
unacceptable for filing.[^117]

As described more fully in the Commission's rules, after the short-form
filing deadline on January 20, 2006, applicants may make only minor
corrections to their FCC Form 175 applications. Applicants will not be
permitted to make major modifications to their applications (*e.g.*,
change their construction permit selections, change control of the
applicant, increase a previously claimed bidding credit, or change their
self-identification as NCE).[^118]

## Upfront Payments --- Due February 17, 2006

In order to be eligible to bid in the auction, applicants must submit an
upfront payment accompanied by an FCC Remittance Advice Form (FCC Form
159). After completing the FCC Form 175, filers will have access to an
electronic version of the FCC Form 159 that can be printed and sent by
facsimile to Mellon Bank in Pittsburgh, PA. **All upfront payments must
be received in the proper account at Mellon Bank before 6:00 p.m. ET
on** February 17, 2006**.**

### Making Auction Payments by Wire Transfer

Wire transfer payments must be received before 6:00 p.m. ET on February
17, 2006. To avoid untimely payments, applicants should discuss
arrangements (including bank closing schedules) with their banker
several days before they plan to make the wire transfer, and allow
sufficient time for the transfer to be initiated and completed before
the deadline. Applicants will need the following information:

> ABA Routing Number: 043000261

> Receiving Bank: Mellon Pittsburgh
>
> > 500 Ross St.
>
> > Pittsburgh, PA 15262
>
> BENEFICIARY: FCC/Account \# 910-1211
>
> Originating Bank Information (OBI Field): (Skip one space between each
> information item)

> "AUCTIONPAY"

> APPLICANT FCC REGISTRATION NUMBER (FRN): (same as FCC Form 159, block
> 21)
>
> PAYMENT TYPE CODE (same as FCC Form 159, block 24A: A64U)
>
> FCC CODE 1 (same as FCC Form 159, block 28A: "64")
>
> PAYER NAME (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358435

**NOTE:** The BNF and Lockbox number are specific to the upfront
payments for this auction; do not use BNF or Lockbox numbers from
previous auctions.

At least one hour before placing the order for the wire transfer (but on
the same business day), applicants must send by facsimile a completed
FCC Form 159 (Revised 2/03) to Mellon Bank at (412) 209-6045. On the
cover sheet of the facsimile, write "Wire Transfer --- Auction Payment
for Auction No. 64." In order to meet the Commission's upfront payment
deadline, an applicant's payment must be credited to the Commission\'s
account before the deadline.[^119] **Applicants are responsible for
obtaining confirmation from their financial institution that Mellon Bank
has timely received their upfront payment and deposited it in the proper
account.**

Please note that:

-   All payments must be made in U.S. dollars.

-   All payments must be made by wire transfer.

-   Upfront payments for Auction No. 64 go to a lockbox number different
    from the lockboxes used in previous FCC auctions, and different from
    the lockbox number to be used for post-auction payments.

-   Failure to deliver the upfront payment by the specified deadline on
    February 17, 2006, will result in dismissal of the application and
    disqualification from participation in the auction.

### FCC Form 159

A completed FCC Remittance Advice Form (FCC Form 159, Revised 2/03) must
be sent by facsimile to Mellon Bank to accompany each upfront payment.
Proper completion of FCC Form 159 (Revised 2/03) is critical to ensuring
correct crediting of upfront payments. Detailed instructions for
completion of FCC Form 159 are included in Attachment D to this public
notice. An electronic pre-filled version of the FCC Form 159 is
available after submitting the FCC Form 175. Payors using a pre-filled
FCC Form 159 are responsible for ensuring that all of the information on
the form, including payment amounts, is accurate. The FCC Form 159 can
be completed electronically, but must be filed with Mellon Bank via
facsimile.

### Amount of Upfront Payment

In the *Part 1 Order*, the Commission delegated to the Bureaus the
authority and discretion to determine appropriate upfront payment(s) for
each auction.[^120] In the *Fifth Report and Order*, the Commission
specified that an applicant be required to make upfront payments 50
percent greater than the amount set for each construction permit or
license if the applicant ever has been in default on any Commission
construction permit or license or ever has been delinquent on any
non-tax debt owed to any Federal agency.[^121] For purposes of this
calculation, the "applicant" includes the applicant itself, its
affiliates, its controlling interests, and affiliates of its controlling
interests, as defined by Section 1.2110 of the Commission's rules.[^122]

In the *Auction No. 64 Comment Public Notice*, we proposed that the
amount of the upfront payment would determine a bidder's initial bidding
eligibility, the maximum number of bidding units on which a bidder may
place bids.[^123] In order to bid on a construction permit, otherwise
qualified bidders that applied for that construction permit on FCC Form
175 must have a current eligibility level that meets or exceeds the
number of bidding units assigned to that construction permit. At a
minimum, therefore, an applicant's total upfront payment must be enough
to establish eligibility to bid on at least one of the construction
permits selected on its FCC Form 175, or else the applicant will not be
eligible to participate in the auction. An applicant does not have to
make an upfront payment to cover all construction permits for which the
applicant has applied on FCC Form 175, but rather to cover the number of
bidding units that are associated with construction permits on which the
bidder wishes to place bids and hold provisionally winning bids at any
given time.[^124]

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed
upfront payments for each construction permit taking into account
various factors related to the efficiency of the auction process and the
potential value of similar spectrum. The specific upfront payment and
bidding units for each construction permit are specified in Attachment A
of this public notice.[^125]

In calculating its upfront payment amount, an applicant should determine
the **maximum** number of bidding units on which it may wish to be
active on (bid on or hold provisionally winning bids on) in any single
round, and submit an upfront payment amount covering that number of
bidding units. In order to make this calculation, an applicant should
add together the upfront payments for all construction permits on which
it seeks to be active in any given round. **Applicants should check
their calculations carefully, as there is no provision for increasing a
bidder's eligibility after the upfront payment deadline.**

  ---------------- ------------- -------------- -------------- ---------------
  **Example:                                                   
  Upfront Payments                                             
  and Bidding                                                  
  Flexibility**                                                

  **Construction   **Channel**   **Location**   **Bidding      **Upfront
  Permit**                                      Units**        Payment**

  TV-NTS006-27     NTSC 27       Duluth, MN     100,000        100,000

  TV-NTS008-51     NTSC 51       Bend, OR       80,000         80,000

  If a bidder                                                  
  wishes to bid on                                             
  both                                                         
  construction                                                 
  permits in a                                                 
  round, it must                                               
  have selected                                                
  both on its FCC                                              
  Form 175 and                                                 
  purchased at                                                 
  least 180,000                                                
  bidding units                                                
  (100,000 +                                                   
  80,000). If a                                                
  bidder only                                                  
  wishes to bid on                                             
  one, but not                                                 
  both, purchasing                                             
  100,000 bidding                                              
  units would meet                                             
  the requirement                                              
  for either                                                   
  construction                                                 
  permit. The                                                  
  bidder would be                                              
  able to bid on                                               
  either                                                       
  construction                                                 
  permit, **but                                                
  not both at the                                              
  same time**. If                                              
  the bidder                                                   
  purchased only                                               
  80,000 bidding                                               
  units, it would                                              
  have enough                                                  
  eligibility for                                              
  the Bend,                                                    
  Oregon,                                                      
  construction                                                 
  permit, but not                                              
  for the Duluth,                                              
  Minnesota,                                                   
  construction                                                 
  permit.                                                      
  ---------------- ------------- -------------- -------------- ---------------

Former defaulters should calculate their upfront payment for all
construction permits by multiplying the number of bidding units on which
they wish to be active by 1.5.[^126] In order to calculate the number of
bidding units to assign to former defaulters, the Commission will divide
the upfront payment received by 1.5 and round the result up to the
nearest bidding unit. If a former defaulter fails to submit a sufficient
upfront payment to establish eligibility to bid on at least one of the
construction permits for which the applicant has applied on its FCC Form
175, the applicant will not be eligible to participate in the auction.

### Applicant's Wire Transfer Information for Purposes of Refunds of Upfront Payments

The Commission will use wire transfers for all Auction No. 64 refunds.
To ensure that refunds of upfront payments are processed in an
expeditious manner, the Commission is requesting that all pertinent
information as listed below be supplied to the FCC. Applicants can
provide the information electronically during the initial short-form
filing window after the form has been submitted. Wire Transfer
Instructions also can be manually sent by facsimile to the FCC,
Financial Operations Center, Auctions Accounting Group, ATTN: Gail
Glasser, at (202) 418-2843. All refunds will be returned to the payer of
record as identified on the FCC Form 159 unless the payer submits
written authorization instructing otherwise. For additional information,
please call Gail Glasser at (202) 418-0578.

Name of Bank

> ABA Number
>
> Address of Bank
>
> Contact and Phone Number
>
> Account Number to Credit
>
> Name of Account Holder
>
> FCC Registration Number (FRN)
>
> Taxpayer Identification Number (see below)
>
> Correspondent Bank (if applicable)
>
> ABA Number
>
> Account Number

(Applicants should also note that implementation of the Debt Collection
Improvement Act of 1996 requires the FCC to obtain a Taxpayer
Identification Number (TIN) before it can disburse refunds.[^127])
Eligibility for refunds is discussed in Section V.E., *below*.

## Auction Registration

Approximately ten days before the auction, the FCC will issue a public
notice announcing all qualified bidders for the auction. Qualified
bidders are those applicants whose FCC Form 175 applications have been
accepted for filing and have timely submitted upfront payments
sufficient to make them eligible to bid on at least one of the
construction permits for which they applied.

All qualified bidders are automatically registered for the auction.
Registration materials will be distributed prior to the auction by
overnight mail. **The mailing will be sent only to the contact person at
the contact address listed in the FCC Form 175 and will include the
SecurID cards that will be required to place bids, the Integrated
Spectrum Auction System (ISAS) Bidder's Guide, and the Auction Bidder
Line phone number.**

Qualified bidders that do not receive this registration mailing will not
be able to submit bids. Therefore, any qualified bidder that has not
received this mailing by noon on Thursday, March 9, 2006, should call
(717) 338-2888. Receipt of this registration mailing is critical to
participating in the auction, and each applicant is responsible for
ensuring it has received all of the registration material.

In the event that SecurID cards 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
the replacement of these items must call Technical Support at (877)
480-3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY).

## Remote Electronic Bidding 

The Commission will conduct this auction over the Internet, and
telephonic bidding will be available as well. Qualified bidders are
permitted to bid electronically and telephonically. Each applicant
should indicate its bidding preference -- electronic or telephonic -- on
the FCC Form 175. In either case, each authorized bidder must have its
own SecurID card, which the FCC will provide at no charge. Each
applicant with one authorized bidder will be issued two SecurID cards,
while applicants with two or three authorized bidders will be issued
three cards. For security purposes, the SecurID cards, the telephonic
bidding phone number, and the Integrated Spectrum Auction System (ISAS)
Bidder's Guide are only mailed to the contact person at the contact
address listed on the FCC Form 175. Please note that each SecurID card
is tailored to a specific auction; therefore, SecurID cards issued for
other auctions or obtained from a source other than the FCC will not
work for Auction No. 64.

Please note that the SecurID cards can be recycled, and we encourage
bidders to return the cards to the FCC. We will provide pre-addressed
envelopes that bidders may use to return the cards once the auction is
closed.

## Mock Auction --- March 13, 2006

All qualified bidders will be eligible to participate in a mock auction
on Monday, March 13, 2006. The mock auction will enable applicants to
become familiar with the FCC Auction System prior to the auction.
Participation by all bidders is strongly recommended. Details will be
announced by public notice.

# AUCTION EVENT

The first round of bidding for Auction No. 64 will begin on Wednesday,
March 15, 2006. The initial bidding schedule will be announced in a
public notice listing the qualified bidders, which is released
approximately 10 days before the start of the auction.

## Auction Structure

### Simultaneous Multiple Round Auction

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed to
award all construction permits in Auction No. 64 in a simultaneous
multiple round auction.[^128] The Bureaus received no comments on this
issue. The Bureaus decide that it is operationally feasible and
appropriate to auction these full power television broadcast station
construction permits through a simultaneous multiple round auction.
Unless otherwise announced, bids will be accepted from eligible
qualified bidders on all construction permits in each round of the
auction.

### Eligibility and Activity Rules 

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed that
the amount of the upfront payment submitted by a bidder would determine
the initial (maximum) eligibility (as measured in bidding units) for
each bidder.[^129] The Bureaus received no comments on this issue.

For Auction No. 64, the Bureaus adopt this proposal. The amount of the
upfront payment submitted by a bidder determines initial bidding
eligibility, the maximum number of bidding units on which a bidder may
be active. Note again that each construction permit is assigned a
specific number of bidding units equal to the upfront payment listed in
Attachment A on a bidding unit per dollar basis. Bidding units for a
given construction permit do not change as prices rise during the
auction. A bidder's upfront payment is not attributed to specific
construction permits. Rather, a bidder may place bids on any combination
of construction permits selected on its FCC Form 175 as long as the
total number of bidding units associated with those construction permits
does not exceed its current eligibility. Eligibility cannot be increased
during the auction; it can only remain the same or decrease. Thus, in
calculating its upfront payment amount, an applicant must determine the
maximum number of bidding units it may wish to bid on or hold
provisionally winning bids on in any single round, and submit an upfront
payment amount covering that total number of bidding units. **The total
upfront payment does not affect the total dollar amount a bidder may bid
on any given construction permit.**

In order to ensure that the auction closes within a reasonable period of
time, an activity rule requires bidders to bid actively throughout the
auction, rather than wait until late in the auction before
participating. Bidders are required to be active on a specific
percentage of their current bidding eligibility during each round of the
auction.

A bidder's activity level in a round is the sum of the bidding units
associated with construction permits on which the bidder is active. In
Auction No. 64, a bidder will be considered active on a construction
permit in the current round if it is either the provisionally winning
bidder at the end of the previous bidding round, or if it submits a bid
in the current round (*see* "Minimum Acceptable Bid Amounts" in Section
IV.B.3.a., *below*). The minimum required activity is expressed as a
percentage of the bidder's current eligibility, and increases by stage
as the auction progresses. Because these procedures have proven
successful in maintaining the pace of previous auctions (as set forth
under "Auction Stages" in Section IV.A.3 and "Stage Transitions" in
Section IV.A.4, *below*), the Bureaus adopt them for Auction No. 64.

### Auction Stages

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed to
conduct the auction in two stages and employ an activity rule. The
Bureaus further proposed that, in each round of Stage One, a bidder
desiring to maintain its current bidding eligibility would be required
to be active on construction permits representing at least 75 percent of
its current bidding eligibility.[^130] Finally, we proposed that in each
round of Stage Two, a bidder desiring to maintain its current bidding
eligibility would be required to be active on at least 95 percent of its
current bidding eligibility. The Bureaus received no comments on this
issue. The Bureaus adopt their proposals for the activity rules and
stages. Below are the activity levels for each stage of the auction. The
Bureaus reserve the discretion to further alter the activity percentages
before and/or during the auction.

**Stage One:** During the first stage of the auction, a bidder desiring
to maintain its current bidding eligibility will be required to be
active on construction permits representing at least 75 percent of its
current bidding eligibility in each bidding round. Failure to maintain
the required activity level will result in a reduction in the bidder's
bidding eligibility in the next round of bidding unless an activity rule
waiver is used. During Stage One, reduced eligibility for the next round
will be calculated by multiplying the bidder's current round activity
(the sum of bidding units of the bidder's provisionally winning bids and
bids during the current round) by four-thirds (4/3).

**Stage Two:** During the second stage of the auction, a bidder desiring
to maintain its current bidding eligibility is required to be active on
95 percent of its current bidding eligibility. Failure to maintain the
required activity level will result in a reduction in the bidder's
bidding eligibility in the next round of bidding unless an activity rule
waiver is used. During Stage Two, reduced eligibility for the next round
will be calculated by multiplying the bidder's current round activity
(the sum of bidding units of the bidder's provisionally winning bids and
bids during the current round) by twenty-nineteenths (20/19).

CAUTION: Since activity requirements increase in Stage Two, bidders must
carefully check their activity during the first round following a stage
transition to ensure that they are meeting the increased activity
requirement. This is especially critical for bidders that have
provisionally winning bids and do not plan to submit new bids. In past
auctions, some bidders have inadvertently lost bidding eligibility or
used an activity rule waiver because they did not re-verify their
activity status at stage transitions. Bidders may check their activity
against the required activity level by either logging in to the FCC
Auction System or by accessing the bidder summaries on the public
results page.

Because the foregoing procedures have proven successful in maintaining
the proper pace in previous auctions, the Bureaus adopt them for Auction
No. 64.

### Stage Transitions

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed that
the auction would generally advance to the next stage (*i.e.*, from
Stage One to Stage Two) when the auction activity level, as measured by
the percentage of bidding units receiving new provisionally winning
bids, is approximately 20 percent or lower for three consecutive rounds
of bidding. The Bureaus further proposed that the Bureaus would retain
the discretion to change stages unilaterally by announcement during the
auction. This determination, the Bureaus proposed, would be based on a
variety of measures of bidder activity, including, but not limited to,
the auction activity level, the percentages of construction permits (as
measured in bidding units) on which there are new bids, the number of
new bids, and the percentage increase in revenue.[^131] The Bureaus
received no comments on this issue.

The Bureaus adopt this proposal. Thus, the auction will start in Stage
One and will generally advance to Stage Two when, in each of three
consecutive rounds of bidding, the provisionally winning bids have been
placed on 20 percent or less of the construction permits being auctioned
(as measured in bidding units). In addition, the Bureaus will retain the
discretion to regulate the pace of the auction by announcement. This
determination will be based on a variety of measures of bidder activity,
including, but not limited to, the auction activity level, the
percentages of construction permits (as measured in bidding units) on
which there are new bids,[^132] the number of new bids, and the
percentage increase in revenue. The Bureaus believe that these stage
transition rules, having proven successful in prior auctions, are
appropriate for use in Auction No. 64.

### Activity Rule Waivers and Reducing Eligibility

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed that
each bidder in the auction would be provided three activity rule
waivers. Bidders may use an activity rule waiver in any round during the
course of the auction.[^133] The Bureaus received no comments on this
issue. The Bureaus adopt the proposal that each bidder be provided three
activity rule waivers.

Bidders may use an activity rule waiver in any round during the course
of the auction. Use of an activity rule waiver preserves the bidder's
current bidding eligibility despite the bidder's activity in the current
round being below the required minimum activity level. An activity rule
waiver applies to an entire round of bidding and not to a particular
construction permit. Activity rule waivers can be either applied
proactively by the bidder (known as a "proactive waiver") or applied
automatically by the FCC Auction System (known as an "automatic waiver")
and are principally a mechanism for auction participants to avoid the
loss of bidding eligibility in the event that exigent circumstances
prevent them from placing a bid in a particular round. The Bureaus are
satisfied that the practice of providing three waivers over the course
of the auction provides a sufficient number of waivers and flexibility
to the bidders, while safeguarding the integrity of the auction.

The FCC Auction System assumes that bidders with insufficient activity
would prefer to apply an activity rule waiver (if available) rather than
lose bidding eligibility. Therefore, the system will automatically apply
a waiver at the end of any round where a bidder's activity level is
below the minimum required unless: (1) there are no activity rule
waivers available; or (2) the bidder overrides the automatic application
of a waiver by reducing eligibility, thereby meeting the minimum
requirements. If a bidder has no waivers remaining and does not satisfy
the required activity level, the eligibility will be permanently
reduced, possibly curtailing the bidder's ability to bid on some
construction permit(s) or eliminating the bidder from further bidding in
the auction.

A bidder with insufficient activity that wants to reduce its bidding
eligibility rather than use an activity rule waiver must affirmatively
override the automatic waiver mechanism during the bidding round by
using the "reduce eligibility" function in the FCC Auction System. In
this case, the bidder's eligibility is permanently reduced to bring the
bidder into compliance with the activity rules as described in "Auction
Stages" (*see* Section IV.A.3 *above*). Once eligibility has been
reduced, a bidder will not be permitted to regain its lost bidding
eligibility.

Finally, a bidder may apply an activity rule waiver proactively as a
means to keep the auction open without placing a bid. If a bidder
proactively applies an activity waiver (using the "apply waiver"
function in the FCC Auction System) during a bidding round in which no
bids are submitted, the auction will remain open and the bidder's
eligibility will be preserved. However, an automatic waiver applied by
the FCC Auction System in a round in which there are no new bids will
not keep the auction open. **Note: Applying a waiver is irreversible;
once a proactive waiver is submitted that waiver cannot be unsubmitted,
even if the round has not yet closed.**

### Auction Stopping Rules

For Auction No. 64, the Bureaus proposed to employ a simultaneous
stopping rule approach.[^134] The Bureaus also sought comment on a
modified version of the simultaneous stopping rule. In Auction No. 64,
the modified version of the stopping rule would close the auction for
all construction permits after the first round in which no bidder
applies a waiver or submits any new bids on any construction permit on
which it is not the provisionally winning bidder. Thus, absent any other
bidding activity, a bidder placing a new bid on a construction permit
for which it is the provisionally winning bidder would not keep the
auction open under this modified stopping rule.

The Bureaus further proposed retaining the discretion to keep the
auction open even if no new bids or proactive waivers are submitted in a
round. In this event, the effect will be the same as if a bidder had
applied a waiver. Thus, the activity rule will apply as usual, and a
bidder with insufficient activity will either use an activity rule
waiver (if it has any left) or lose bidding eligibility.

In addition, we proposed that the Bureaus reserve the right to declare
that the auction will end after a specified number of additional rounds
("special stopping rule"). If the Bureaus invoke this special stopping
rule, it will accept bids in the specified final round(s) and the
auction will close.

The Bureaus proposed to exercise these options only in certain
circumstances, such as, where the auction is proceeding very slowly,
where there is minimal overall bidding activity or where it appears
likely that the auction will not close within a reasonable period of
time.[^135] Before exercising these options, the Bureaus are likely to
attempt to increase the pace of the auction by, for example, increasing
the number of bidding rounds per day, and/or increasing the amount of
the minimum bid increments for the limited number of construction
permits where there is still a high level of bidding activity.

The Bureaus received no comments on the proposals about stopping rules.
The Bureaus believe that these stopping rules are most appropriate for
Auction No. 64, because our experience in prior auctions demonstrates
that the auction stopping rules balance the interests of administrative
efficiency and maximum bidder participation. The Bureaus adopt the
stopping rules as proposed. Auction No. 64 will begin under the
simultaneous stopping rule approach, and the Bureaus will retain the
discretion to invoke the other versions of the stopping rule.

### Auction Delay, Suspension, or Cancellation

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed
that, by public notice or by announcement during the auction, the
Bureaus may delay, suspend, or cancel the auction in the event of
natural disaster, technical obstacle, evidence of an auction security
breach, unlawful bidding activity, administrative or weather necessity,
or for any other reason that affects the fair conduct of competitive
bidding.[^136] The Bureaus received no comments on this issue.

Because our approach to notification of delay during an auction has
proven effective in resolving exigent circumstances in previous
auctions, the Bureaus adopt the proposed auction cancellation rules. By
public notice or by announcement during the auction, the Bureaus may
delay, suspend, or cancel the auction in the event of natural disaster,
technical obstacle, evidence of an auction security breach, unlawful
bidding activity, administrative or weather necessity, or for any other
reason that affects the fair and competitive conduct of competitive
bidding. In such cases, the Bureaus, in their sole discretion, may elect
to resume the auction starting from the beginning of the current round,
resume the auction starting from some previous round, or cancel the
auction in its entirety. Network interruption may cause the Bureaus to
delay or suspend the auction. We emphasize that exercise of this
authority is solely within the discretion of the Bureaus, and its use is
not intended to be a substitute for situations in which bidders may wish
to apply their activity rule waivers.

## Bidding Procedures

### Round Structure

The initial schedule of bidding rounds will be announced in the public
notice listing the qualified bidders, which is released approximately 10
days before the start of the auction. Each bidding round is followed by
the release of round results. Multiple bidding rounds may be conducted
in a given day. Details regarding round results formats and locations
will also be included in the qualified bidders public notice.

The FCC has discretion to change the bidding schedule in order to foster
an auction pace that reasonably balances speed with the bidders' need to
study round results and adjust their bidding strategies. The Bureaus may
increase or decrease the amount of time for the bidding rounds and
review periods, or the number of rounds per day, depending upon the
bidding activity level and other factors.

### Reserve Price or Minimum Opening Bid

Section 309(j) of the Communications Act of 1934, as amended, calls upon
the Commission to prescribe methods by which a reasonable reserve price
will be required or a minimum opening bid established when applications
for FCC licenses or construction permits are subject to auction (*i.e.*,
because they are mutually exclusive), unless the Commission determines
that a reserve price or minimum opening bid is not in the public
interest.[^137] Consistent with this mandate, the Commission directed
the Bureaus to seek comment on the use of a minimum opening bid and/or
reserve price prior to the start of each auction.[^138] Among other
factors, the Bureaus must consider the amount of spectrum being
auctioned, levels of incumbency, the availability of technology to
provide service, the size of the geographic service areas, the extent of
interference with other spectrum bands, and any other relevant factors
that could have an impact on the spectrum being auctioned.[^139] The
Commission concluded that the Bureaus should have the discretion to
employ either or both of these mechanisms for future auctions.[^140]
This is consistent with policy applied in earlier spectrum auctions,
including Auction Nos. 25, 27, and 54 (Closed Broadcast); Auction No. 32
(AM Broadcast); and Auction No. 37 (FM Broadcast).

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed to
establish minimum opening bids for Auction No. 64, reasoning that a
minimum opening bid, successfully used in other broadcast auctions, is a
valuable tool, effectively regulating the pace of the auction.[^141]
Specifically, a minimum opening bid was proposed for each construction
permit listed in Attachments A and B of the *Auction 64 Comment Public
Notice*. The minimum opening bid was determined by taking into account
various factors relating to the efficiency of the auction and the
potential value of the spectrum, including the type of service and class
of facility offered, market size, population covered by the proposed
full power television broadcast facility, industry cash flow data, and
recent broadcast transactions. Based on our experience in using minimum
opening bids in other auctions, we believe that minimum opening bids
speed the course of the auction and ensure that valuable assets are not
sold for nominal prices, without unduly interfering with the efficient
awarding of construction permits.[^142]

In the alternative, the Bureaus sought comment on whether, consistent
with the Section 309(j), the public interest would be served by having
no minimum opening bid or reserve price.[^143]

The Bureaus received no comments on this issue. We believe that the
proposed minimum bid amounts are appropriate, and we adopt our proposed
amounts. The minimum opening bid amounts we adopt for Auction No. 64 are
reducible at the discretion of the Bureaus. We emphasize, however, that
such discretion will be exercised, if at all, sparingly and early in the
auction, *i.e.*, before bidders lose all waivers and begin to lose
substantial eligibility. During the course of the auction, the Bureaus
will not entertain requests to reduce the minimum opening bid amount on
specific construction permits.

The specific minimum opening bid amounts for each construction permit
available in Auction No. 64 are specified in Attachment A of this public
notice.[^144]

### Bid Amounts

In each round, each eligible bidder will be able to place a bid on a
particular construction permit for which it applied in any of nine
different amounts.[^145] The FCC Auction System will list the nine bid
amounts for each construction permit.[^146] The nine bid amounts for
each construction permit consist of the minimum acceptable bid amount
calculated using a smoothing formula and additional amounts calculated
using a bid increment percentage.

#### Minimum Acceptable Bid Amounts

In the *Auction No. 64 Comment Public Notice*, we proposed that the
minimum acceptable bid amount for a construction permit would be equal
to its minimum opening bid amount until there is a provisionally winning
bid for the construction permit. After there is a provisionally winning
bid for a construction permit, the minimum acceptable bid amount for
that construction permit would be equal to the amount of the
provisionally winning bid plus an additional amount calculated using a
smoothing formula.[^147] We further proposed to retain the discretion to
change the minimum acceptable bid amounts and bid increment amounts if
circumstances so dictated.[^148] We received no comment on this issue.
We believe these proposals are appropriate for Auction No. 64, and we
adopt our proposals.

The smoothing formula calculates minimum acceptable bid amounts by first
calculating a **percentage increment**. The percentage increment for
each construction permit is a function of bidding activity on that
construction permit in prior rounds; therefore, a construction permit
that has received many bids will have a higher percentage increment than
a construction permit that has received few bids. This allows the
minimum acceptable bid amounts to be tailored to the activity on a
construction permit, decreasing the number of rounds it takes for
construction permits receiving many bids to reach their final prices.
Smoothing formula equations and examples are shown in Attachment E.

The calculation of the percentage increment used to determine the
minimum acceptable bid amounts for each construction permit for the next
round is made at the end of each round. The computation is based on an
activity index, which is a weighted average of the number of bids in
that round and the activity index from the prior round.[^149] The
current activity index is equal to a weighting factor times the number
of bidders that submit bids on the construction permit in the most
recent bidding round plus one minus the weighting factor times the
activity index from the prior round. The activity index is then used to
calculate a percentage increment by multiplying a minimum percentage
increment by one plus the activity index with that result being subject
to a maximum percentage increment. We proposed to initially set the
weighting factor at 0.5, the minimum percentage increment at 0.1 (10%),
and the maximum percentage increment at 0.2 (20%). Hence, at these
initial settings, the percentage increment will fluctuate between 10%
and 20% depending upon the number of bids for the construction permit.
We will round the result using our standard rounding procedures.[^150]

The minimum acceptable bid amount for a construction permit will be
equal to its minimum opening bid amount until there is a provisionally
winning bid for the construction permit. After there is a provisionally
winning bid for a construction permit, the minimum acceptable bid amount
for that construction permit will be equal to the amount of the
provisionally winning bid plus an additional amount. Using the smoothing
formula, the FCC Auction System will calculate a **percentage**
**increment** at the end of each round to determine the minimum
acceptable bid amount for each construction permit for the next round.

#### Additional Bid Amounts

The acceptable bid amounts in addition to the minimum acceptable bid
amount for each construction permit are calculated using a **bid
increment percentage**. The first additional acceptable bid amount
equals the minimum acceptable bid amount times one plus the bid
increment percentage, rounded --- *e.g.*, if the increment percentage is
10 percent, the calculation is (minimum acceptable bid amount) \* (1 +
0.10), rounded, or (minimum acceptable bid amount) \* 1.10, rounded; the
second additional acceptable bid amount equals the minimum acceptable
bid amount times one plus two times the bid increment percentage,
rounded, or (minimum acceptable bid amount) \* 1.20, rounded; the third
additional acceptable bid amount equals the minimum acceptable bid
amount times one plus three times the bid increment percentage, rounded,
or (minimum acceptable bid amount) \* 1.30, rounded; etc. We will begin
the auction with a bid increment percentage of 10 percent.

**The Bureaus retain the discretion to change the minimum acceptable bid
amounts, the smoothing formula parameters, and the bid increment
percentage if they determine that circumstances so dictate. The Bureaus
will do so by announcement in the FCC Auction System. The Bureaus also
may use their discretion to change the minimum acceptable bid amounts,
the smoothing formula parameters, and the bid increment percentage
without prior notice if circumstances warrant.**

### Provisionally Winning Bids 

At the end of each bidding round, a "provisionally winning bid" will be
determined based on the highest bid amount received for each
construction permit. A provisionally winning bid will remain the
provisionally winning bid until there is a higher bid on the same
construction permit at the close of a subsequent round. Provisionally
winning bids at the end of the auction become the winning bids. Bidders
are reminded that provisionally winning bids count toward activity for
purposes of the activity rule.[^151]

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed to
use a random number generator to select a provisionally winning bid in
the event of identical high bid amounts being submitted on a
construction permit in a given round (*i.e.*, tied bids).[^152] No
comments were received on this proposal. Therefore, the Bureaus adopt
their proposal. A pseudo-random number generator based on the L'Ecuyer
algorithms will be used to assign a random number to each bid.[^153] The
tied bid having the highest random number will become the provisionally
winning bid. Eligible bidders, including the provisionally winning
bidder, will be able to submit a higher bid in a subsequent round. In
Auction No. 64, if no bidder submits a higher bid in subsequent rounds,
the provisionally winning bid from the previous round will win the
construction permit. If any bids are received on the construction permit
in a subsequent round, the provisionally winning bid will once again be
determined based on the highest bid amount received for the construction
permit.

### Bidding

During a round in Auction No. 64, a bidder may submit bids for as many
construction permits as it wishes (subject to its eligibility), remove
bids placed in the current bidding round, or permanently reduce
eligibility. In Auction No. 64, bidders also have the option of
submitting and removing multiple bids during a round. If a bidder
submits multiple bids for a single construction permit in the same
round, the system takes the last bid entered as that bidder's bid for
the round. Bidders in Auction No. 64 should note that the bidding units
associated with construction permits for which the bidder has removed
its bid do not count towards the bidder's current activity.

All bidding will take place remotely either through the FCC Auction
System or by telephonic bidding. There will be no on-site bidding during
Auction No. 64. Please note that telephonic bid assistants are required
to use a script when entering bids placed by telephone. Telephonic
bidders are therefore reminded to allow sufficient time to bid by
placing their calls well in advance of the close of a round. Normally,
five to ten minutes are necessary to complete a telephonic bid
submission.

A bidder's ability to bid on specific construction permits in the first
round of the auction is determined by two factors: (1) the construction
permits for which the applicant applied in its FCC Form 175 and (2) the
bidder's upfront payment amount. The bid submission screens will allow
bidders to submit bids only on those construction permits for which the
bidder applied on its FCC Form 175.

In order to access the bidding function of the FCC Auction System,
bidders must be logged in during the bidding round using the passcode
generated by the SecurID card and a personal identification number (PIN)
created by the bidder. Bidders are strongly encouraged to print a "round
summary" for each round after they have completed all of their activity
for that round.

In each round, eligible bidders will be able to place bids on a given
construction permit in any of nine different amounts.[^154] For each
construction permit, the FCC Auction System will list the nine
acceptable bid amounts in a drop-down box.[^155] Bidders use the
drop-down box to select from among the acceptable bid amounts. The FCC
Auction System also includes an "upload" function that allows bidders to
upload text files containing bid information.

Until a bid has been placed on a construction permit, the minimum
acceptable bid amount for that construction permit will be equal to its
minimum opening bid amount. Once there is a provisionally winning bid on
a construction permit, the FCC Auction System will calculate a minimum
acceptable bid amount for that construction permit for the following
round, as described in Section IV.B.3.

Finally, bidders are cautioned to select their bid amounts carefully
because, as explained in a subsequent section, **no withdrawals will be
allowed in Auction No. 64**, even if a bid was mistakenly or erroneously
made.

### Bid Removal 

In the *Auction No. 64 Comment Public Notice*, the Bureaus proposed a
bid removal procedure.[^156] The Bureaus received no comments regarding
the bid removal proposal. The Bureaus adopt their proposal. Before the
close of a bidding round, a bidder has the option of removing any bids
placed in that round. By using the "remove bids" function in the FCC
Auction System, a bidder may effectively "unsubmit" any bid placed
within that round. A bidder removing a bid placed in the same round is
not subject to withdrawal payments. After a round closes, a bidder may
no longer remove a bid. Removing a bid will affect a bidder's activity
for the round in which it is removed, *i.e.*, a bid that is removed does
not count toward bidding activity. These procedures will enhance bidder
flexibility during the auction, and therefore we adopt them for Auction
No. 64.

### Bid Withdrawal

In the *Auction No. 64 Comment Public Notice*, the Bureaus solicited
comment on two alternatives for bid withdrawal in this auction.[^157]
The Bureaus first proposed limiting each bidder to withdrawals in no
more than one round during the course of the auction, with selection of
the one round in which withdrawals could be used would be at each
bidder's discretion. In the alternative, the Bureaus also invited
comment on not permitting the withdrawal of bids following the close of
a bidding round in Auction No. 64. No comments were received on either
approach.

Based on our experience in prior auctions, we conclude that, for Auction
No. 64, bidders should not be permitted to withdraw any bid after the
close of the round in which the bid was submitted. The Commission has
recognized that bid withdrawals may be an important tool to help bidders
avoid incomplete aggregations of licenses and pursue efficient backup
strategies as information becomes available during the course of an
auction.[^158] In Auction No. 64, however, we believe that the small
number of construction permits in the auction inventory and the nature
of the permits being offered suggest that bidders are unlikely to face
significant risks if they are unable to secure various construction
permits in combination. Moreover, in previous auctions, we have observed
instances in which bid withdrawals arguably may have been used for
strategic, anti-competitive purposes. . While we continue to recognize
that bid withdrawals may play an important role in an auction, we note
that bid withdrawals have not been available in several previous
auctions, including certain auctions of broadcast permits.[^159]

# POST-AUCTION PROCEDURES

## Down Payments 

After bidding has ended, the Commission will issue a public notice
declaring the auction closed and identifying winning bidders, down
payments, and final payments due.

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. 64 to 20 percent of the net amount of its
winning bids (gross bids less any applicable new entrant bidding
credits).

## Final Payments 

Absent a change to the existing payment rules applicable to broadcast
permits won at auction, if a winning bidder\'s long-form application is
uncontested, after the termination of the pleading cycle for petitions
to deny, the Commission will issue a public notice announcing that it is
prepared to grant the winning bidder's long-form application.[^160] If a
petition to deny is filed within the pleading cycle for petitions to
deny, and if the petition to deny is dismissed or denied, the Commission
will issue a public notice announcing that it is prepared to grant the
winning bidder\'s long-form application promptly after the Media Bureau
disposes of any such petition to deny and is otherwise satisfied that
the applicant is qualified to hold the specified construction
permit.[^161] Within ten (10) business days after the date of the
release of the public notice announcing that the Commission is prepared
to grant a winning bidder\'s long-form application, each winning bidder
will be required to submit the balance of the net amount of its winning
bids (gross bids less any applicable new entrant bidding credits).[^162]
Broadcast construction permits will be granted only after the full and
timely payment of winning bids and any applicable late fees, in
accordance with 47 C.F.R. § 1.2109(a).

## Long-Form Applications 

Within thirty days after the release of the auction closing notice,
winning bidders must submit electronically a properly completed
long-form application (FCC Form 301), and required exhibits, for each
construction permit won through Auction No. 64. A winning bidder
claiming new entrant status must include an exhibit demonstrating its
eligibility for the bidding credit.[^163] Further filing instructions
will be provided to auction winners at the close of the auction.

## Default and Disqualification

Any high bidder that 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 timely a long-form
application, fails to make full payment, or is otherwise disqualified)
will be subject to the payments described in 47 C.F.R. §
1.2104(g)(2).[^164] In such event, the Commission may re-auction the
construction permit or offer it to the next highest bidder (in
descending order) at its final bid amount.[^165] In addition, if a
default or disqualification involves gross misconduct,
misrepresentation, or bad faith by an applicant, the Commission may
declare the applicant and its principals ineligible to bid in future
auctions, and may take any other action that it deems necessary,
including institution of proceedings to revoke any existing licenses or
construction permits held by the applicant.[^166]

## Refund of Remaining Upfront Payment Balance 

All applicants that submit upfront payments but are not winning bidders
for a construction permit in Auction No. 64 may be entitled to a refund
of their remaining upfront payment balance after the conclusion of the
auction. In Auction No. 64, no refund will be made unless there are
excess funds on deposit from the applicant. All refunds will be returned
to the payer of record, as identified on the FCC Form 159, unless the
payer submits written authorization instructing otherwise.

Bidders that drop out of the auction completely may be eligible for a
refund of their upfront payments before the close of the auction.
Qualified bidders that have exhausted all of their activity rule waivers
and have no remaining bidding eligibility must submit a written refund
request. If the applicant has completed the refund instructions
electronically, then only a written request for the refund is necessary.
If not, the request also must include wire transfer instructions,
Taxpayer Identification Number (TIN) and FCC Registration Number (FRN).
Send refund requests to:

Federal Communications Commission

Financial Operations Center

Auctions Accounting Group

Gail Glasser

445 12th Street, SW, Room 1-C864

Washington, DC 20554

Bidders are encouraged to file their refund information electronically
using the **Refund Form** icon found on the *Auction Application
Manager* page or through the **Wire Transfer for Refund Purposes** link
available in various locations throughout the FCC Auction System, but
bidders also can send their information by facsimile to the Auctions
Accounting Group at (202) 418-2843. Once the information has been
approved, a refund will be sent to the party identified in the refund
information.

> NOTE: Refund processing generally takes up to two weeks to complete.
> Bidders with questions about refunds should contact Gail Glasser at
> (202) 418-0578.

**Media Contact:**

For press inquiries: Chelsea Fallon (202) 418-7991

**Video Division, Media Bureau:**

For service rule questions: Shaun Maher at (202) 418-2324 or Shaleim
Henry at (202) 418-1600

**Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau:**

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

For general auction questions: Debbie Smith or Lisa Stover at (717)
338-2888

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 -

# Attachment A 

This page was intentionally inserted as a placeholder for Attachment A,
which is available as a separate file in Microsoft^®^ Excel format.

# attachment B

FCC AUCTION NO. 64

SEMINAR REGISTRATION FORM

The FCC will sponsor a one-day seminar for Auction No. 64 applicants.
The seminar is free of charge and will provide information about
pre-auction procedures, service and auction rules, conduct of the
auction, and the FCC Auction System.

Representatives from each company may attend on a reservation basis,
first-come first-served until room capacity is filled. The seminar will
be held:

Wednesday, January 11, 2006

Federal Communications Commission

445 12th Street, SW

Washington, DC 20554

Registration 10:00 a.m. - 10:30 a.m.

Seminar 10:30 a.m. - 2:00 p.m.

If hotel accommodations are needed

Please contact (888) 225-5322 (option #2) for a list of hotels in the
area.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

To register, complete the form below and

return no later than

Monday, January 9, 2006,

by facsimile to:

FCC Auction 64

Auctions and Spectrum Access Division

1270 Fairfield Road

Gettysburg, PA 17325-7245

FAX: (717) 338-2850

Phone: (717) 338-2888

Note: The seminar will also be available via webcast and may be viewed
by clicking on the Auction Seminar link on the Auction No. 64 web page,
<http://wireless.fcc.gov/auctions/64/>. For further information about
accessing FCC webcasts, please visit http://www.fcc.gov/realaudio/.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

I/We will attend the Auction No. 64 Seminar, scheduled for Wednesday,
January 11, 2006.

Name of attendee:

Name of attendee:

Company name:

Company address:

Phone: Fax:

# Attachment C

ELECTRONIC FILING AND REVIEW

OF THE SHORT-FORM APPLICATION (FCC FORM 175)

**[PAPERWORK REDUCTION ACT NOTICE]{.underline}**

The Federal Communications Commission uses information collected in FCC
Form 175 in determining whether applicants are legally, technically, and
financially qualified to participate in Commission auctions for licenses
or permits. In addition, if an applicant applies for status as a
particular type of auction participant pursuant to Commission rules, the
Commission uses the information in determining whether the applicant is
eligible for the status requested. The Commission's auctions, including
the collection of information to determine applicants' qualifications to
participate pursuant to Commission rules and requirements, are designed
to limit the competitive bidding to qualified applicants, to deter
possible abuse of the bidding and licensing process, and to enhance the
use of competitive bidding to assign Commission licenses and permits in
furtherance of the public interest.

The Commission estimates that each response to this collection of
information will take on average of 1.5 hours. This estimate includes
the time to read the instructions, look through existing records, gather
and maintain required data, and actually complete and review the form or
response.  If you have any comments on this estimate, or on how we can
improve the collection and reduce the burden it causes you, please write
the Federal Communications Commission, AMD-PERM, Washington, D.C. 20554,
Paperwork Reduction Project (3060-0600).  PLEASE DO NOT SEND COMPLETED
APPLICATION FORMS TO THIS ADDRESS.

The information collected in FCC Form 175 is required to be filed by all
applicants to participate in a Commission auction, pursuant to Section
309(j)(5) of the Communications Act and Section 1.2105 of the
Commission's rules. *See* 47 U.S.C. § 309(j)(5), 47 C.F.R. § 1.2105.
Information collected in a submitted FCC Form 175 will be available for
public inspection.

You are not required to respond to a collection of information sponsored
by the Federal government, and the government may not conduct or sponsor
this collection, unless it displays a current valid OMB control number
with this notice. This collection has been assigned OMB control number
3060-0600.

**THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF
1995, PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. SECTION 3507.**

**[APPLICATION PREPARATION AND SUBMISSION]{.underline}**

An applicant must submit its short-form application (FCC Form 175)
electronically, via the FCC Auction System. **The** **FCC Form 175
applications must be submitted and confirmed prior to 6:00 p.m. ET on
Friday, January 20, 2006.** Late applications or unconfirmed submissions
of electronic data will not be accepted.

Applicants are reminded that all information required in connection with
applications to participate in spectrum auctions is necessary to
determine each applicant\'s qualifications, and as such will be
available for public inspection. Accordingly, an applicant should not
include any unnecessary sensitive information, such as Taxpayer
Identification Numbers or Social Security Numbers, in its short-form
application. Applicants may request that information submitted not be
made routinely available for public inspection following the procedures
set forth in 47 C.F.R. § 0.459. Pursuant to Section 0.459(a), such
requests must be included as an attachment to FCC Form 175 and identify
the information to which the request applies. Because the required
information bears on each applicant\'s qualifications, confidentiality
requests will not be routinely granted.

Applicants may make multiple changes to their FCC Form 175 applications
until the close of the filing window. However, applicants must press the
**SUBMIT** button in the FCC Auction System for the changes to be
submitted and considered by the Commission.

## Software Requirements {#software-requirements .unnumbered}

Applicants must meet the following minimum software requirements:

-   Web Browser:

```{=html}
<!-- -->
```
-   Microsoft® Internet Explorer 6.0 or higher (recommended). Your
    browser must have either Microsoft VM or Java Plug-In Version
    1.4.2_05 installed.

    or

-   Netscape® Communicator™ 6.0 or higher, with Java Plug-In Version
    1.4.2_05.

> Java Plug-In Version 1.4.2_05 is available for downloading at
> ***<http://java.sun.com/products/archive/j2se/1.4.2_05/index.html>***
> (choose the JRE version).

-   PDF Viewer: Adobe Acrobat Reader 5.0 or higher (available at
    [***http://www.adobe.com***](http://www.adobe.com/))

## Logging On

To submit an FCC Form 175 application electronically via the Internet,
start your web browser and point it to either <http://auctions.fcc.gov/>
(primary location) or <http://auctions2.fcc.gov/> (secondary location).
Once on the *FCC Integrated Spectrum Auction System* page, an applicant
may log in to create a FCC Form 175 application using its FCC
Registration Number (FRN) and password.

## Application Filing Instructions

The on-line FCC Form 175 requests information needed to determine
whether an applicant qualifies to participate in competitive bidding for
Commission licenses or construction permits.[^167] Pursuant to Section
1.2105(a), FCC Form 175 must be submitted electronically. The screens
comprising FCC Form 175 consist of six series, each requesting separate
types of information: 1) *Applicant Information*; 2) *Permit Selection*;
3) *New Entrant Bidding Credit Eligibility;* 4) *Agreements*; 5)
*Ownership*; and 6) *Certify and Submit*. In addition, *Summary*
screens, a seventh series, appear prior to the *Certify and Submit*
screens. The *Summary* screens provide an overview of an applicant's FCC
Form 175 that facilitates reviewing and revising specific information,
as well as an automated check for certain inconsistencies and omissions
in submitted information.

To simplify filling out FCC Form 175, certain initial information
applicants provide is used to determine what additional information is
needed, and what subsequent screens will appear to collect that
information. For example, a corporate applicant, unlike an individual
applicant, must identify a corporate officer or director responsible for
the application (sometimes called a responsible party). If an applicant
identifies itself as an individual, no additional information is needed
regarding an additional responsible party, and screens requesting
responsible party information will not appear. However, if the applicant
identifies itself as a corporation, subsequent screens in the FCC Form
175 will ask for responsible party information.

Applicants should be able to fill out Form 175 by following the
instructions below. Additional help in filling out FCC Form 175 can be
accessed from the electronic FCC Form 175 in two ways: 1) by clicking on
the **Help** link in the upper right of any screen, which will open
Auction Application Online Filing Help; or 2) by clicking on the text of
any **Common Question** link appearing on the right side of the screen.
The common questions displayed relate to the current screen and vary
from screen to screen. In the event the assistance provided by these
sources is insufficient, filers should use the contact information
provided in the *Procedures Public Notice* to obtain additional
assistance.

### Applicant Information

The *Applicant Information* screens are the first series of screens in
FCC Form 175. In the *Applicant Information* screens, the applicant will
provide basic information, including

• the applicant's legal classification, *e.g*., individual, corporation,
etc.

• optional information regarding the applicant's status as a minority-
or woman-owned business or a rural telephone company

• whether the applicant requests its facility or facilities to be
classified as Noncommercial Educational station or stations.[^168]

• the applicant's name, which will be used as the bidder name during the
auction

• citizenship (for individuals), or jurisdiction of formation for legal
entities

• for applicants classified as legal entities, *e.g*., corporations and
partnerships, the name of and information regarding the entity's
responsible individual

• the name, address, telephone and facsimile number of a contact person
who will communicate with the Commission regarding the applicant's FCC
Form 175

• the names of up to three persons authorized to bid for the applicant
in the auction

• the applicant's preference for electronic or telephonic bidding

Each screen will specify the information that the applicant must
provide. Please note the following with respect to particular
information requested:

-   Applicants must indicate their legal classification before
    continuing to subsequent screens, because the legal classification
    will determine which subsequent screens will appear.

-   P.O. Boxes may not be used for an applicant's address.

-   To simplify filling out the FCC Form 175, an applicant that has the
    same address as its contact person can click on the **COPY APPLICANT
    ADDRESS** button to automatically fill in the contact person's
    address. P.O. Boxes may not be used for a contact person's address.

-   Applicants must identify at least one authorized bidder. While
    applicants may change their authorized bidders at a later date, in
    Auction No. 64 only those bidders listed on the FCC Form 175 will be
    authorized to place bids for the applicant during the auction.

-   Any qualified bidder may bid either via the Internet or by telephone
    during the auction. Specifying a preference for electronic or
    telephonic bidding assists the Commission in determining the staff
    required for telephonic bidding.

-   Any application for a noncommercial educational station that is
    mutually exclusive with any application for a commercial station
    will be returned as unacceptable for filing.[^169]

### Permit Selection

The *Permit Selection* screens make up the second series of screens in
FCC Form 175. In the *Permit Selection* screens, the applicant will
identify the construction permits on which the applicant may wish to bid
during the auction. Applicants are not obligated to bid on all
construction permits selected; however, applicants will not be able to
bid on construction permits that they have not selected on the FCC Form
175.[^170] Be advised that there is no opportunity to change this list
once the short-form application filing deadline passes on January 20,
2006.

To participate in an auction, applicants must select at least one
permit. Until the applicant selects a permit, the applicant cannot
submit the FCC Form 175. An applicant's permit selections cannot be
changed after the initial filing window has closed. Therefore, during
the initial filing window it is important to carefully review permit
selections to make sure all the construction permits on which the
applicant may wish to bid have been selected.

The first *Permit Selection* screen, the *Select Permits* screen,
contains two lists: 1) a list (on the left) of all construction permits
on which the applicant may be eligible to bid ("Eligible Permits"); and
2) a list (on the right) of all construction permits selected by the
applicant ("Selected Permits"). Applicants select construction permits
by: 1) highlighting the construction permits to be selected in the
Eligible Permits list; and then 2) clicking on the **ADD** button to
move those construction permits to the Selected Permits list. Applicants
can click on the **ADD** button multiple times, so applicants do not
need to highlight all the construction permits in which they are
interested before clicking on the **ADD** button.

Construction permits can be removed from the list of Selected Permits
by: 1) highlighting the unwanted construction permits in Selected
Permits; and then 2) clicking the **REMOVE** button. Applicants can
click on the **REMOVE** button multiple times, so applicants do not need
to highlight all the unwanted construction permits before clicking on
the **REMOVE** button.

In either list, applicants can highlight a single construction permit by
clicking on it. Applicants can highlight multiple construction permits
by holding down the control key (Ctrl) and clicking on each construction
permit the applicant wants to highlight. Alternatively, if an applicant
wants to highlight multiple construction permits that appear
sequentially in a list, applicants can click on the first construction
permit in the sequence and then hold down the shift key while clicking
on the last construction permit in the sequence. Finally, applicants can
highlight all construction permits by clicking on the **SELECT ALL**
button.

If the applicant previously has selected construction permits, the
initial *Permit Selection* screen will be the View/Edit *Permit
Selections* screen. This screen lists the construction permits
previously selected for this auction. To select a new construction
permit or remove a previously-selected construction permit, click the
**Edit** icon next to Change Selection at the top-right corner of the
list. This will take you to the original *Select Permits* screen,
described above.

### New Entrant Bidding Credit Eligibility

The *New Entrant Eligibility* screens are the third series of screens in
FCC Form 175. On the initial screen, applicants indicate whether they
are claiming the New Entrant bidding credit and, if so, whether they are
claiming a 25 percent or 35 percent New Entrant bidding credit.

Applicants claiming either no New Entrant bidding credit or a 35 percent
New Entrant bidding credit will not need to provide additional
information in FCC Form 175 regarding their claimed New Entrant bidding
credit. Such applicants will continue to the next series of
screens.[^171]

Applicants claiming a 25 percent New Entrant bidding credit must provide
additional information regarding existing mass media facilities in which
the applicant, or any individual or entity with an attributable interest
in the applicant, has an attributable interest. Applicants must
identify:

• the existing mass media facility or facilities;

• the individual or entity with an attributable interest in the existing
mass media facility;

• the attributable interest in the facility; and

• whether any proposed broadcast facilities are in the 'same area' as
existing mass media facilities, as defined by applicable Commission
rules. *See* 47 C.F.R. §§ 73.5007, 5008.

• In the event that the applicant indicates that any of the proposed
broadcast facilities are in the 'same area' as the identified existing
mass media facility, the applicant must continue to an additional screen
where the applicant must indicate which proposed broadcast facility in
the auction is in the 'same area' as the identified existing mass media
facility.

Once the applicant has identified all relevant existing mass media
facilities, and all proposed broadcast facilities in the 'same area' as
each relevant existing mass media facility, applicants will continue to
the *View/Edit All Facilities* screen. This screen lists the applicant's
claimed New Entrant bidding credit of 25 percent, the relevant existing
mass media facilities, and the proposed broadcast facilities in the
'same area' as each relevant existing mass media facility. From this
screen, options include:

-   Clicking the **Edit** icon or the **Modify bidding credit
    selection** link to return to the initial *New Entrant Eligibility*
    screen.

-   Modifying information about relevant mass media facilities by
    clicking on them.

-   Clicking the **Delete This Facility** link to delete a facility and
    identified proposed broadcast facilities in the 'same area.'

-   Modifying information regarding a proposed broadcast facility by
    clicking on its identifier.

-   Clicking the **Remove** icon next to information about a particular
    proposed broadcast facility in the 'same area' to remove the
    corresponding facility.

-   Clicking the **Add a proposed 'Same Area' Facility to \[an existing
    mass media facility\]** link to add a new proposed broadcast
    facility in the 'same area.'

-   Clicking the **CREATE NEW MASS MEDIA FACILITY** button to add
    additional mass media facilities.

When all relevant existing mass media facilities, and proposed broadcast
facilities in the 'same area' as each relevant existing mass media
facility, have been identified, click the **CONTINUE** button.

### Agreements

The *Agreements* screens are the fourth series of screens in Form 175.
In the *Agreements* screens, applicants will provide information
regarding auction-related agreements subject to disclosure under the
Commission's rules.[^172]

On the first screen, applicants must state whether the applicant has any
agreements that are subject to disclosure under the Commission's rules
by responding yes or no to a question asking whether the applicant has
entered into partnerships, joint ventures, consortia or other agreements
or understandings of any kind relating to the construction permits being
auctioned, including any such agreement relating to the post-auction
market structure. If an applicant answers "No," the applicant will
continue with the Ownership series of screens, described below. If the
applicant answers "Yes," the applicant will continue with additional
*Agreements* screens described here.

In the additional *Agreements* screens, applicants must provide an
identifying name for the agreement and must identify the parties, other
than the applicant, to the agreement. The agreement identifier can be a
brief description of the agreement or a simple reference name; however,
each agreement identifier must be unique.

In the event the other party to the agreement is an entity or an
individual, different identifying information is required. For either
entities or individuals, applicants may provide FCC Registration Numbers
(FRNs), if available. Providing the FRN helps prevent identification
errors resulting from parties having similar names or a single party
using multiple names. Provision of a party's FRN is optional.

Up to three parties to the agreement (not including the applicant) can
be identified on a single screen. Additional parties can be added by
clicking the **ADD MORE PARTIES** button. In the event of an error, the
name of a party and its associated FRN can be deleted from the form by
clicking on the **RESET** button. After identifying all parties to a
particular agreement, click the **FINISH THIS AGREEMENT** button.

The next *Agreements* screen is the *View/Edit Agreements* screen. This
screen lists the agreements and parties to each agreement that already
have been entered. From this screen, you have the following options:

-   Clicking the **Edit** icon or the **Agreements** link to return to
    the initial *Agreements* screen regarding whether or not the
    applicant has any agreements.

-   Modifying agreement identifiers by clicking on them.

-   Clicking the **Delete This Agreement** link to delete an agreement
    and associated parties.

-   Modifying information regarding a particular party to an agreement
    by clicking on the party's name.

-   Clicking the **Remove** icon next to information about a particular
    party to remove the corresponding party.

-   Clicking the **Add Party to This Agreement** link to add a new party
    to an agreement.

-   Clicking the **CREATE NEW AGREEMENT** button to add additional
    agreements.

When you have identified all agreements and the parties to each
agreement, click the **CONTINUE** button.

### Ownership

The *Ownership* screens are the fifth series of screens in the FCC Form
175. In the *Ownership* screens, applicants will provide information
regarding parties with ownership interests in the applicant that must be
disclosed pursuant to Commission rules.[^173] Commission rules also
require the disclosure and description of FCC-regulated businesses that
are owned by the applicant and parties with certain ownership interests
in the applicant.[^174]

#### Information Already On File with the Commission

Some applicants may have filed previously an FCC Form 602 disclosing
ownership information in connection with wireless services. In addition,
some applicants may have filed a short-form application (FCC Form 175)
for a previous auction disclosing ownership information. To simplify
filling out Form 175, an applicant's most current FCC Form 602 or FCC
Form 175 ownership information on file with the Commission, if in an
electronic format compatible with FCC Form 175, will automatically be
entered into this FCC Form 175. Applicants with ownership information
automatically entered into FCC Form 175 will proceed directly to the
*View/Edit Ownership* screen described below.

Applicants are responsible for information submitted in its FCC Form 175
being complete and accurate. Applicants should carefully review any
information automatically entered to confirm that it is complete and
accurate as of the deadline for submitting this FCC Form 175. Applicants
can update the information directly in the FCC Form 175. After the
deadline for filing this FCC Form 175, ownership information in a
submitted FCC Form 175 will be considered to be the applicant's most
current ownership information on file with the Commission.

#### Disclosable Interest Holders and FCC-Regulated Businesses

**• Section 1.2112(a) of the Commission's rules lists the interest
holders in the applicant that must be disclosed in FCC Form 175.**[^175]

**• Section 1.2112(a)(7) lists the FCC-regulated business entities, or
applicants for an FCC license, that must be disclosed in FCC Form
175.**[^176]

The initial *Ownership* screen enables the applicant to: 1) add
information regarding a disclosable interest holder; 2) add information
regarding the FCC-regulated businesses in which the applicant has an
interest; or 3) upload ownership information from a file prepared by the
applicant.

Uploading information from a file prepared by the applicant is an
alternative to individually keying information into the *Ownership*
screens in FCC Form 175. Applicants may upload ownership data in a text
file, which will then be processed and populated into the system as the
applicant's current ownership filing (provided there were no errors).
This feature may benefit those applicants with large amounts of
ownership data that would otherwise have to be entered into the system
manually. It also may benefit those applicants who previously provided
ownership data to the FCC in a similar format for other purposes, such
as in connection with filing FCC Form 602 in relation to wireless
services. Instructions on how to prepare and upload such a file are
provided at <http://wireless.fcc.gov/auctions/ownership-upload>. After a
successful upload, the *Upload Ownership Disclosure Information
Confirmation* screen will appear. Applicants then may click the
**CONTINUE** button, which loads the *View/Edit Ownership* screen
described below.

Each screen will specify the information that the applicant must
provide. Please note the following with respect to particular
information requested:

-   If an application includes one or more disclosable interest holders
    with an indirect ownership in the applicant,[^177] the application
    must include an attachment regarding the relationship between the
    indirect interest holder(s) and the applicant. The attachment should
    provide an overview of the ownership chain that links the indirect
    owners to the applicant, *e.g.*, indirect owner X owns 50% of
    holding company Y; indirect owner Z owns 50% of holding company Y;
    and holding company Y owns 100% of the applicant.[^178] One
    attachment connecting all indirect owners to the applicant is
    sufficient; a separate attachment for each indirect owner is not
    required. An overview of the ownership connections is sufficient;
    the attachment does not need to duplicate all the detailed
    information already provided in the FCC Form 175.

-   The "Percent of Interest Held in Applicant" should reflect the
    disclosable interest holder's aggregate ownership interest in the
    applicant. In some cases, *e.g.*, circumstances where there is joint
    ownership or indirect ownership resulting in different owners
    sharing the same ownership interests, the sum of all the percentages
    held by disclosable interest holders may exceed 100%.

-   FCC-regulated businesses in which the applicant has an interest can
    be entered from the initial *Add Ownership Disclosure Information*
    screen. FCC-regulated businesses in which a disclosable interest
    holder has an interest can be entered from the *Add FCC Regulated
    Business* screen in the series of screens for entering information
    about a Disclosable Interest Holder.

-   When adding an FCC-regulated business, "Percent of Interest Held"
    refers to the percent of interest held by the applicant or
    disclosable interest holder, as applicable, in the FCC-regulated
    business.

-   To simplify filling out the FCC Form 175, applicants can click on
    the **select business(es) already submitted** link when entering an
    FCC-regulated business previously entered as an FCC-regulated
    business for the applicant or another Disclosable Interest Holder.
    When doing so, be certain to enter the "Percent of Interest Held" in
    the FCC regulated business by the current party, either the
    applicant or the disclosable interest holder, with respect to which
    the FCC-regulated business is being entered.

#### View/Edit Ownership Disclosure Information

The *View/Edit Ownership Disclosure Information* screen summarizes
Ownership information already entered in FCC Form 175, either
automatically from compatible ownership information on file with the
Commission or directly by the applicant, and provides links enabling
existing information to be revised and additional information to be
added.

Existing ownership information is divided into two groups:

-   Disclosable Interest Holders of this Applicant

-   FCC Regulated Businesses of this Applicant

To view the detailed information submitted regarding the applicant, a
disclosable interest holder, or FCC-regulated business, click on the
relevant party's name. To delete existing information or add a new entry
in one of the categories, click on the relevant link. This screen also
provides a link enabling applicants to add an FCC-regulated business
directly to an existing disclosable interest holder, without needing to
reenter the disclosable interest holder's information.

### Summary

The *Summary* screens are the sixth series of screens in FCC Form 175.
The *Summary* screens summarize information applicants have provided in
previous screens, offering an overview of an applicant's FCC Form 175 to
help locate specific information. The *Summary* screens will appear
prior to the *Certify and Submit* screens, in order to permit the
applicant to review all the information entered in previous screens and
to provide an opportunity to check for errors in the information
submitted.

The first *Summary* screen, the *Summary Overview* screen, lists the
first five series of screens in the application and provides a
**VIEW/EDIT** button to access each one. Here is what happens if you
click **VIEW/EDIT** for each series:

-   Clicking **VIEW/EDIT** for Applicant Information produces a *Detail
    for Applicant Information* screen showing what you entered for each
    data entry field. To change any data item, click the **Edit** icon
    for the relevant data field.

-   Clicking **VIEW/EDIT** for Permit Selection takes you to the
    *View/Edit Permit Selection* screen discussed above in the Permit
    Selection section.

-   Clicking **VIEW/EDIT** for New Entrant Eligibility takes you to the
    *View/Edit New Entrant Eligibility* screen discussed above in the
    New Entrant Eligibility section.

-   Clicking **VIEW/EDIT** for Agreements takes you to the *Agreements*
    screen discussed above in the Agreements section.

-   Clicking **VIEW/EDIT** for Ownership takes you to the *View/Edit
    Ownership Disclosure Information* screen discussed above in the
    Ownership section.

Clicking on the **CHECK ERRORS** button initiates an automated check of
the application. If the automated check encounters any errors that must
be corrected before submitting the application, the error(s) will be
listed in an Error box at the top of the screen. To correct one of these
errors, click its corresponding **EDIT** button. In addition, if the
automated check encounters any apparent errors that might render the
application incomplete if the application is submitted with current
information, the apparent error will be listed in a Warning box. To
revise the information related to the apparent error, click its
corresponding **EDIT** button.

Each Applicant is solely responsible for providing complete and accurate
information in its FCC Form 175. The automated check is provided to
assist applicants in completing FCC Form 175. However, the automated
check cannot be relied upon to determine whether the information
provided in the FCC Form 175 is complete or accurate. The automated
check may not catch all errors and applicants cannot rely on the
automated check to determine the completeness or the accuracy of
submitted information.

If the automated check does not encounter any errors, a box will appear
displaying the message "**No Errors found - You may continue to Certify
and Submit.**" Applicants may then click the **CONTINUE TO CERTIFY**
button.

### Attaching Additional Information

If an applicant needs to provide additional information not requested
directly in the screens comprising the FCC Form 175, additional
information can be provided in an attachment.

The screen for adding an attachment to FCC Form 175 can be accessed by
clicking on the **Attachments** link in the upper right of any screen.
The *Add Attachment* screen requests information regarding the type of
attachment to be added, the name of the file to be attached, and a brief
description of the attachment. If the attachment is a request for a
waiver of any of the Commission's rules or procedures, the applicant
should identify the "Type" of attachment as a "Waiver" to facilitate
prompt processing. Once the requested information is provided,
applicants can add the attachment to the application by clicking on the
**ADD ATTACHMENT** button.

A list of any attachments already uploaded along with the applicant's
FCC Form 175 appears at the bottom of the screen.

When uploading attachments, applicants may use a variety of file
formats\-- including (but not limited to) Word 2000 or earlier,
WordPerfect 5.x or later, Adobe PDF, and ASCII text\--and must verify
that the files contain all exhibit information. Files may be no larger
than 10 Mb. Graphics files (e.g., .bmp, .tiff, .jpg) and spreadsheets
(e.g., Excel, Lotus) are supported but not recommended. Files must not
be password-protected.

### Certify and Submit

The *Certify and Submit* screens are the seventh and final series of
screens in FCC Form 175. In the *Certify and Submit* screens, applicants
will provide certifications required of all participants in the
Commission's competitive bidding processes.[^179]

The first *Certify and Submit* screen requires each applicant to
indicate whether the applicant, any affiliate, any controlling interest,
and any affiliate of a controlling interest have ever been in default on
any Commission construction permit or license or have ever been
delinquent on any non-tax debt owed to any Federal agency.[^180]
Applicants associated with a relevant entity that has been in default or
delinquent may participate in an auction, if otherwise qualified.
However, such applicants must submit an upfront payment equal to 50
percent more than otherwise required.[^181]

The second *Certify and Submit* screen lists the certifications required
of all applicants in the Commission's competitive bidding processes and
requests that the applicant's certifying official be identified and sign
the application. Any auction short-form application must be certified
by: (1) the applicant, if the applicant is an individual, (2) one of the
partners if the applicant is a partnership, (3) by an officer, director,
or duly authorized employee, if the applicant is a corporation, (4) by a
member who is an officer, if the applicant is an unincorporated
association, (5) by the trustee if the applicant is an amateur radio
service club, or (6) a duly elected or appointed official who is
authorized to do so under the laws of the applicable jurisdiction, if
the applicant is a governmental entity.[^182]

All applicants must certify on their FCC Form 175 applications under
penalty of perjury that they are legally, technically, financially and
otherwise qualified to hold a license.[^183] Applicants are reminded
that submission of an FCC Form 175 application constitutes a
representation by the certifying official that he or she is an
authorized representative of the applicant, has read the form's
instructions and certifications, and that the contents of the
application, its certifications and any attachments are true and
correct. Submission of a false certification to the Commission may
result in penalties, including monetary forfeitures, license
forfeitures, ineligibility to participate in future auctions, and/or
criminal prosecution.

Once the two *Certify and Submit* screens have been filled out, the
application may be submitted by clicking on the **SUBMIT** button.

After the application has been submitted, a confirmation screen will be
displayed that states the submission time and date, along with a unique
file number. It is recommended that you print a copy of the confirmation
page for your records. You may then view and print a copy of your
submitted application by clicking on Print Preview.

FCC Form 175 applications must be submitted and confirmed prior to 6:00
p.m. ET on Friday, January 20, 2006. Late applications or unconfirmed
submissions of electronic data will not be accepted.

### Withdrawing an Application Before the Short-Form Filing Deadline And Updating Existing Applications

#### Withdrawing an Application

If you wish to withdraw a submitted application before the short-form
filing deadline, click on the **Withdraw Application** icon on the
*Auction Application Manager Create or Review Auction Applications* page
and confirm that you want to withdraw your application. If you
subsequently decide to file an application, you will have to re-enter
all previously-submitted data. Applications may not be withdrawn after
the short-form application filing deadline.

#### Updating Existing Applications

Once you have logged into the Auctions Application Manager, the *Create
or Review Auction Applications* page displays any application you have
created or submitted within a filing window. **Note:** This page shows
the application status, the date and time the application was last
updated; and the date and time the application was last submitted. You
may use this page as a reference to confirm the date and time of your
most recent submission of the application.

To review or continue working on an existing application, click its
auction number. This produces the application's *Summary* page and
places you in a view/edit mode. Applicants must go to the *Certify and
Submit* screens and click the **SUBMIT** button to submit any changes
made to their FCC Form 175. After the revised application has been
submitted, a confirmation page will be displayed that states the
submission time and date, along with your unique file number. It is
recommended that you print a copy of the confirmation page for your
records. You may then view and print a copy of your submitted
application by clicking on Print Preview.

After the short-form application filing deadline (6:00 p.m. ET January
20, 2006), applicants may make only minor changes to their applications.
Applicants will not be permitted to make major modifications to their
applications (*e.g*., change their construction permit selections,
change the certifying official, change control of the applicant, or
increase its bidding credit).[^184]

### Upfront Payment Calculator and Form 159 

You may access the **Upfront Payment Calculator and Form 159** from the
*Create or Review Auction Applications* page and from the *Auction
Application Submit Confirmation* page. When you click the **Upfront
Payment Calculator and Form 159** icon or link, a page will be displayed
where you can determine the appropriate upfront payment amount to submit
with the FCC Form 159. From the *Calculate Upfront Payment* page, you
may click the **Form 159** button to obtain the FCC Form 159.

### Refund of Upfront Payment 

On *My Auctions* page, click on the **See Wire Transfer for Refund
Purposes** link to provide your wire transfer instructions for purposes
of refunds of upfront payments. The Commission will use this information
to refund excess funds on deposit upon receipt of a written refund
request.

## Application Review

Once the FCC has completed the short-form application review process,
you can view FCC Form 175 applications electronically by searching for
them in the FCC database. Start your web browser and point it to either
[***http://auctions.fcc.gov/***](http://auctions.fcc.gov/) (primary
location) or
[***http://auctions2.fcc.gov/***](http://auctions2.fcc.gov/) (secondary
location). Click the **Auction Applications** link in the Public Access
area on the *FCC Integrated Spectrum Auction System* page to start your
search.

## Technical Support

For technical assistance with using FCC software, contact the FCC
Technical Support Hotline at (877) 480-3201, option nine; (202)
414-1250; or (202) 414-1255 (TTY). The FCC Technical Support Hotline is
available Monday through Friday from 8 a.m. to 6 p.m. ET. All calls to
the FCC Technical Support Hotline are recorded.

FCC Technical Support can also be contacted electronically by filling
out a help request form at <https://esupport.fcc.gov/request.htm.> On
the Submit Help Request page, select **Integrated Spectrum Auction
System (ISAS)** from the "FCC System" drop-down.

# Attachment D

AUCTION-SPECIFIC INSTRUCTIONS FOR

FCC REMITTANCE ADVICE (FCC FORM 159-February 2003 Edition)

## Upfront Payments

The following information supplements the standard instructions for FCC
Form 159 (Revised 2/03), and is provided to help ensure correct
completion of FCC Form 159 for upfront payments for Auction No. 64.
Applicants need to complete FCC Form 159 carefully, because:

-   **Mistakes may affect bidding eligibility; and**

```{=html}
<!-- -->
```
-   **Lack of consistency between information provided in FCC Form 159
    (Revised 2/03), FCC Form 175, long-form application, and
    correspondence about an application may cause processing delays.**

    Therefore appropriate cross-references between the FCC Form 159
    Remittance Advice and the

Short Form Application (FCC Form 175) are described below:

Block

Number Required Information

> 1 LOCKBOX \# - Enter "358435"
>
> 2 Payer Name - Enter the name of the person or company making the
> payment.
>
> If the applicant itself is the payer, this entry would be the same as
> FCC Form 175.

3.  Total Amount Paid - Enter the amount of the upfront payment
    associated with the

> FCC Form 159 (Revised 2/03).

8.  Street Address, City, State, ZIP Code - Enter the street mailing
    address (**not Post Office box number**) where mail should be sent
    to the payer. If the applicant is the payer, these entries would be
    the same as FCC Form 175 from the Applicant Information section.

> 9 Daytime Telephone Number - Enter the telephone number of a person
> knowledgeable about this upfront payment.

10. Country Code - For addresses outside the United States, enter the
    appropriate postal country code (available from the Mailing
    Requirements Department of the U.S. Postal Service).

> 11 Payer FRN - Enter the payer's ten-digit FCC Registration Number
> (FRN) registered in the Commission Registration System (CORES).
>
> 21 Applicant FRN (Complete only if applicant is different than payer.)
> -- Enter the
>
> applicant\'s ten-digit FCC Registration Number (FRN) registered in the
> Commission Registration System (CORES).
>
> 24A Payment Type Code - Enter "A64U"
>
> 25A Quantity - Enter the number "1"
>
> 26A Fee Due - Amount of Upfront Payment
>
> 27A Total Fee - Will be the same amount as 26A.
>
> 28A FCC Code 1 - Enter the number "64" (indicating Auction No. 64).

NOTES:

-   Do not use Remittance Advice (Continuation Sheet), FCC Form 159-C,
    for upfront payments.

-   If applicant is different from the payer, complete blocks 13 through
    21 for the applicant, using the same information shown on FCC
    Form 175. Otherwise leave them blank.

-   Since credit card payments will not be accepted for this auction,
    leave Section E blank.

## Winning Bidder Requirements, Down Payments and Final Payments

# Specific information regarding down payments and final payments will be included in a post-auction public notice announcing the winning bidders. {#specific-information-regarding-down-payments-and-final-payments-will-be-included-in-a-post-auction-public-notice-announcing-the-winning-bidders. .unnumbered}

# Attachment e

Smoothing Formula Equations

A~i~ = (C \* B~i~) + ((1-C) \* A~i-1~)

I~i+1~ = smaller of ((1 + A~i~) \* N) and M

X ~i+1~ = I~i+1~ \* Y~i~

where,

A~i~ = activity index for the current round (round i)

C = activity weight factor

B~i~ = number of bidders submitting bids on the construction permit in
the current round (round i)

A~i-1~ = activity index from previous round (round i-1), A~0~ is 0

I~i+1~ = percentage increment for the next round (round i+1)

N = minimum percentage increment or percentage increment floor

M = maximum percentage increment or percentage increment ceiling

X ~i+1~ = dollar amount associated with the percentage increment

Y~i~ = provisionally winning bid amount from the current round

######## Examples {#examples .unnumbered}

Permit 1

C=0.5, N = 0.1, M = 0.2

[Round 1 (2 bidders submitting bids, provisionally winning bid =
\$1,000,000)]{.underline}

1\. Calculation of percentage increment for round 2 using the smoothing
formula:

A~1~ = (0.5 \* 2) + (0.5 \* 0) = 1

I~2~ = The smaller of ((1 + 1) \* 0.1) = 0.2 or 0.2 (the maximum
percentage increment)

2\. Calculation of dollar amount associated with the percentage
increment for round 2 (using I~2~ from above):

X~2~ = 0.2 \* \$1,000,000 = \$200,000

3\. Minimum acceptable bid amount for round 2 = \$1,200,000

[Round 2 (3 bidders submitting bids, provisionally winning bid =
\$2,000,000)]{.underline}

1\. Calculation of percentage increment for round 3 using the smoothing
formula:

A~2~ = (0.5 \* 3) + (0.5 \* 1) = 2

I~3~ = The smaller of ((1 + 2) \* 0.1) = 0.3 or 0.2 (the maximum
percentage increment)

2\. Calculation of dollar amount associated with the percentage
increment for round 3 (using I~3~ from above):

X~3~ = 0.2 \* \$2,000,000 = \$400,000

3\. Minimum acceptable bid amount for round 3 = \$2,400,000

[Round 3 (1 bidder submitting bids, provisionally winning bid =
\$2,400,000)]{.underline}

1\. Calculation of percentage increment for round 4 using the smoothing
formula:

A~3~ = (0.5 \* 1) + (0.5 \* 2) = 1.5

I~4~ = The smaller of ((1 + 1.5) \* 0.1) = 0.25 or 0.2 (the maximum
percentage increment)

2\. Calculation of dollar amount associated with the percentage
increment for round 4 (using I~4~ from above):

X~4~ = 0.2 \* \$2,400,000 = \$480,000

3\. Minimum acceptable bid amount for round 4 = \$2,880,000

# ATTACHMENT F

SUMMARY LISTING OF COMMISSION AND BUREAU DOCUMENTS ADDRESSING
APPLICATION OF THE ANTI‑COLLUSION RULE

## Commission Decisions:

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, PP Docket No. 93‑253, FCC 94‑61, *Second Report and
Order*, 9 FCC Rcd 2348, 2386‑2388 ¶¶ 221‑226 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Fifth Report and Order,* PP Docket No. 93‑253, 9
FCC Rcd 5532, 5570‑5571 ¶¶ 91-92 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Fourth Memorandum Opinion and Order*, PP Docket
No. 93‑253, 9 FCC Rcd 6858, 6866‑6869 ¶¶ 47-60 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Second Memorandum Opinion and Order*, PP Docket
No. 93‑253, 9 FCC Rcd 7245, 7253‑7255 ¶¶ 48-55 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Memorandum Opinion and Order*, PP Docket No.
93‑253, 9 FCC Rcd 7684, 7687‑7689 ¶¶ 8-12 (1994).

Commercial Realty St. Pete, *Notice of Apparent Liability for
Forfeiture,* 10 FCC Rcd 4277 (1995), Commercial Realty St. Pete,
*Memorandum Opinion and Order,* 11 FCC Rcd 15374 (1996).

Applications of Mercury PCS II, LLC, *Notice of Apparent Liability for
Forfeiture,* 12 FCC Rcd 17970 (1997); Application of Mercury PCS II,
LLC, *Memorandum Opinion and Order*, 13 FCC Rcd 23755 (1998).

Amendment of Part 1 of the Commission's Rules -- Competitive Bidding
Procedures, WT Docket No. 97‑82, *Third Report and Order and Second
Further Notice of Proposed Rule Making,* 13 FCC Rcd 374, 463‑469 ¶¶
155-166 (1997).

Application of US West Communications, Inc., *Notice of Apparent
Liability for Forfeiture,* 13 FCC Rcd 8286 (1998); Notice of Apparent
Liability for Forfeiture of US West Communications, Inc., *Order*, 14
FCC Rcd 8816 (1999).

Application of Western PCS BTA I Corp., *Notice of Apparent Liability
for Forfeiture,* 13 FCC Rcd 8305 (1998); Notice of Apparent Liability
for Forfeiture of Western PCS BTA 1 Corp., *Memorandum Opinion and
Orde*r, 14 FCC Rcd 21571, 21577-78 ¶ 20 (1999).

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).

## Wireless Telecommunications Bureau Decisions:

Amendment of Parts 21 and 74 of the Commission's Rules with Regard to
Filing Procedures in the Multipoint Distribution Service and in the
Instructional Television Fixed Service, MM Docket No. 94-13, *Order,* 11
FCC Rcd 9655 (Wireless Telecom. Bur. 1995).

Applications of GWI PCS, Inc., *Memorandum Opinion and Order,* 12 FCC
Rcd 6441 (Wireless Telecom. Bur. 1997).

Applications of Mercury PCS II, LLC, *Memorandum Opinion and Order on
Reconsideration,* 12 FCC Rcd 18093 (Wireless Telecom. Bur. 1997).

Applications of High Plains Wireless, L.P., *Memorandum Opinion and
Order,* 12 FCC Rcd 19627 (Wireless Telecom. Bur. 1997).

Applications of Mercury PCS II, LLC, *Memorandum Opinion and Order,* 13
FCC Rcd 5756 (Wireless Telecom. Bur. 1997).

### Public Notices:

Wireless Telecommunications Bureau Clarifies Spectrum Auction
Anti‑Collusion Rules, *Public Notice,* 11 FCC Rcd 9645 (Wireless
Telecom. Bur. 1995).

FCC Staff Clarifies Application of Anti‑Collusion Rule to Broadband PCS
\"C\" Block Reauction, *Public Notice,* 11 FCC Rcd 7031 (Auc. Div.
1996).

Wireless Telecommunications Bureau Provides Guidance on the
Anti‑Collusion Rule for D, E and F Block Bidders, *Public* *Notice,* 11
FCC Rcd 10134 (Wireless Telecom. Bur. 1996).

Wireless Telecommunications Bureau Responds to Questions About the Local
Multipoint Distribution Service Auction, *Public Notice*, 13 FCC Rcd 341
(Wireless Telecom. Bur. 1998).

### Letters from the Office of General Counsel, the Wireless Telecommunications Bureau and the Media Bureau:

*Letter to Gary M. Epstein and James H. Barker from William E. Kennard,
General Counsel, Federal Communications Commission* (released October
25, 1994).

*Letter to Alan F. Ciamporcero from William E Kennard, General Counsel,
Federal Communications Commission* (released October 25, 1996).

*Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 1, 1994).

*Letter to Leonard J. Kennedy from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 14, 1994).

*Letter to Jonathan D. Blake from Kathleen O'Brien Ham,* 10 FCC Rcd
13783 (Auc. Div. 1995).

*Letter to Mark Grady from Kathleen O'Brien Ham,* 11 FCC Rcd 10895 (Auc.
Div. 1996).

*Letter to David L. Nace from Kathleen O'Brien Ham,* 11 FCC Rcd 11363
(Auc. Div. 1996).

*Letter to Elliott J. Greenwald from Christopher J. Wright,* 13 FCC Rcd
7132 (Gen. Counsel 1998).

*Letter to Robert Pettit from Margaret W. Wiener,* 16 FCC Rcd 10080
(Auc. Div. 2000).

*Letter to Colby M. May from Barbara A. Kreisman, Chief, Video Division,
Media Bureau and Margaret W. Wiener, Chief, Auctions and Spectrum Access
Division, Wireless Telecommunications Bureau, DA*

*05-2445* (released September 13, 2005).

## Enforcement Bureau Decisions:

Application of Star Wireless, LLC, *Forfeiture Order*, 19 FCC Rcd 18626
(Enf. Bur. 2004).

Application of Northeast Communications of Wisconsin, Inc., *Forfeiture
Order*, 19 FCC Rcd 18635 (Enf. Bur. 2004).

## Civil Actions Initiated by U.S. Department of Justice:

*U.S. v. Omnipoint Corp.,* Proposed Final Judgments and Competitive
Impact Statements, Department of Justice, 63 FR 65,228 (November 25,
1998).

"Justice Department Sues Three Firms Over FCC Auction Practices," *Press
Release*, U.S. Department of Justice (November 10, 1998).

Complaint, *U.S.* *v. Omnipoint Corp*., No. 1:98CV02750 (D.D.C. November
10, 1998).

Complaint, *U.S. v.* *Mercury PCS II, L.L.C*., No. 1:98CV02751 (D.D.C.
November 10, 1998).

Complaint, *U.S. v. 21st Century Bidding Corp.*, No*.* 1:98CV02752
(D.D.C. November 10, 1998).

**How to Obtain Copies of the Anti-Collusion Decisions:**

Many of the documents listed in this attachment can be retrieved from
the following Commission web site:
[http://wireless.fcc.gov/auctions/anticollusion](http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion).

The documents may be located by using our search engine (select the link
"search"). Documents retrieved from the web site are available in
various formats including Word, WordPerfect, Acrobat Reader, Excel, and
ASCII Text. To review a document in its entirety, including footnotes,
it is necessary to access the document in WordPerfect, MS Word, or
Acrobat Reader.

Additionally, all of the documents can be ordered in hard copy for a fee
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (800)
378-3160 (telephone) or
[http://www.bcpiweb.com](http://www.bcpiweb.com/).

[^1]: The Commission's authority to establish a reserve price or minimum
    opening bid is specified in 47 C.F.R. § 1.2104(c) and (d).

[^2]: 47 U.S.C. § 309(j)(4)(F).

[^3]: *See* Auction of Full Power Television Station Construction
    Permits Scheduled for March 15, 2006; Comment Sought on Reserve
    Prices or Minimum Opening Bids and Other Procedures for Auction No.
    64, *Public Notice*, DA 05-2423 (Sept. 23, 2005) ("*Auction No. 64
    Comment Public Notice*"). A summary of this public notice appears at
    70 Fed.Reg. 58700 (Oct. 7, 2005).

[^4]: Humberto Lopez filed comments on October 10, 2005 ("Lopez
    Comments"). These comments were posted on the Auctions web site at
    <http://wireless.fcc.gov/auctions>. We address his comments later in
    this public notice.

[^5]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding for Commercial Broadcast and Instructional
    Television Fixed Service Licenses, MM Docket No. 97-234, *First
    Report and Order*, 13 FCC Rcd 15920, 15923-25 ¶¶ 7-12 (1998)
    ("*Broadcast Competitive Bidding First Report and Order*"); *id*.*,
    Memorandum Opinion and Order*, 14 FCC Rcd 8724 (1999) ("*Broadcast
    Competitive Bidding First Reconsideration Order*"); *id., Memorandum
    Opinion and Order*, 14 FCC Rcd 12541 (1999); *aff\'d*, *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 (D.C. Cir.); *aff\'d, Orion Communications Ltd. v. FCC*, 213
    F.3d 761 (D.C. Cir. 2000).

[^6]: *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, PP Docket No.
    93-253, *Second Report and Order*, 9 FCC Rcd 2348, 2376 ¶ 165 (1994)
    (*Competitive Bidding Second Report and Order*).

[^7]: *See* 47 C.F.R. §§ 1.2105(c) and 73.5002(d).

[^8]: *Broadcast Competitive Bidding First Report and Order*, 13 FCC Rcd
    at 15980 ¶ 153.

[^9]: 47 C.F.R. §§ 73.606 and 73.622.

[^10]: *See* 47 C.F.R. §§ 73.622-73.625.

[^11]: *See* 47 C.F.R. §§ 73.606-73.621.

[^12]: *Broadcast Competitive Bidding First Report and Order*, 13 FCC
    Rcd at 15920.

[^13]: Please note that the construction permit designations provided in
    Attachments A and B of the *Auction 64 Comment Public Notice* have
    all been revised including the construction permit designations for
    channels NTSC 22+ and DTV 51 that were listed incorrectly in the
    previous Attachment A. The corrected construction permit
    designations are listed in Attachment A to this public notice to
    reflect TV-NTS005-22+ for the proposed station at Topeka, Kansas and
    TV-DTV010-51 for the proposed station at Medical Lake, Washington,
    respectively.

[^14]: Pappas Telecasting of America filed a long-form application for a
    construction permit for a station at Derby, Kansas, File No.
    BNPCT-19960722AAA. This application was listed as accepted for
    filing in a 2004 public notice. Broadcast Applications, *Public
    Notice,* Report No. 25858 (MB Nov. 9, 2004). Attachment A of this
    public notice now lists Pappas Telecasting of America as a pending
    applicant for the television station construction permit at Derby,
    Kansas designated as TV-DTV004-46.

[^15]: The Media Bureau will dismiss the pending long-form application
    (FCC Form 301) listed in Attachment A of this public notice of any
    applicant which fails to file a short-form application to
    participate in Auction No. 64 before the deadline specified in this
    public notice or which fails to submit a sufficient upfront payment
    before the deadline specified in this public notice.

[^16]: Lopez Comments at 2-3.

[^17]: *Id*. Class A low power television stations are protected from
    harmful interference from new full-power analog and digital
    television stations and modifications proposed by existing
    full-power analog and digital television stations. *See*
    Establishment of a Class A Television Service, MM Docket No. 00-10,
    *Report and Order*, 15 FCC Rcd 6355 (2000).

[^18]: Lopez Comments at 2.

[^19]: *Id.* at 3.

[^20]: *See* 47 C.F.R. §§ 73.613 & 73.622.

[^21]: *Broadcast Competitive Bidding First Report and Order*, 13 FCC
    Rcd at 15979-80.

[^22]: *Id.* at 15980.

[^23]: *Id.*

[^24]: The Commission stated with regard to related circumstances in the
    *Broadcast Competitive Bidding First Bidding Report and Order*, a
    \"comprehensive review of any applicant's technical proposal will be
    undertaken by the staff only post-auction, and an applicant who
    becomes a winning bidder will be able to make changes to its
    technical proposal at that time.\" *Broadcast Competitive Bidding
    First Report and Order*, 13 FCC Rcd at 15976 n.159.

[^25]: For additional guidance concerning due diligence, see Section
    I.B.3., *infra*.

[^26]: 47 U.S.C. § 309(l)(3).

[^27]: *Broadcast Competitive Bidding First Report and Order*, 13 FCC
    Rcd 15920, 15950-51 ¶¶ 80-87.

[^28]: *See* *Auction No. 64 Comment Public Notice*, DA 05-2423 (Sept.
    23, 2005).

[^29]: *Id*. at 2.

[^30]: *See, e.g.,* "Low Power Television Auction No. 81 Scheduled for
    September 14, 2005, Auction Inventory Revised,\" 20 FCC Rcd 7878
    (2005) (dismissing engineering proposals for low power television or
    television translator auction applicants that failed to submit
    timely a FRN ).

[^31]: *See*, *e.g*., Amendment of Part 1 of the Commission\'s Rules --
    Competitive Bidding Procedures, WT Docket No. 97-82, *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 (2000) ("*Fifth Report and Order*"); *id.,* *Seventh
    Report and Order*, 16 FCC Rcd 17546 (2001) ("*Seventh Report and
    Order*"); *id.,* *Eighth Report and Order*, 17 FCC Rcd 2962 (2002);
    *id.,* *Second Order on Reconsideration of the Third Report and
    Order and Order on Reconsideration of the Fifth Report and Order*,
    18 FCC Rcd 10180 (2003).

[^32]: *See* *generally* *Broadcast Competitive Bidding First Report and
    Order*, 13 FCC Rcd at 15920.

[^33]: *See* *Broadcast Competitive Bidding First Reconsideration
    Order*, 14 FCC Rcd at 8724.

[^34]: *See* Implementation of Section 309(j) of the Communications Act
    -- Competitive Bidding for Commercial Broadcast and Instructional
    Television Fixed Service Licenses, MM Docket No. 97-234, *Memorandum
    Opinion and Order*, 14 FCC Rcd 12541 (1999) ("*New Entrant Bidding
    Credit Reconsideration Order*").

[^35]: *See* Reexamination of the Comparative Standard for Noncommercial
    Educational Applicants, MM Docket No. 95-31, *Second Report and
    Order*, 18 FCC Rcd 6691 (2003) ("*NCE Second Report and Order*"),
    recons. pending.

[^36]: When ordering documents from BCPI, please provide the appropriate
    FCC document number (for example, FCC 98-194 for the *Broadcast
    Competitive Bidding First Report and Order*, FCC 99-74 for the
    *Broadcast Competitive Bidding First Reconsideration Order*, and DA
    05-2987 for this public notice).

[^37]: *See* 47 C.F.R. §§ 1.2105(a)(2)(viii); 1.2105(c)(1); *see also*
    47 C.F.R. § 73.5002; *Seventh Report and Order*, 16 FCC Rcd 17546.

[^38]: 47 C.F.R. § 1.2105(c)(1).

[^39]: *See, e.g.*, Application of Star Wireless, LLC, *Forfeiture
    Order*, 19 FCC Rcd 18626, 18628 ¶ 4, n.19 (Enf. Bur. 2004),
    *application for review pending* (collusion rule applies to
    "applicants' regardless of whether they are qualified to bid);
    Letter to Robert Pettit 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).

[^40]: *Id.*

[^41]: *See, e.g.,* Letter to Colby M. May from Barbara A. Kreisman and
    Margaret W. Wiener, DA 05-2445 (Video and Auctions Divs. Sept. 13,
    2005).

[^42]: 47 C.F.R. § 1.2105(c)(7)(i).

[^43]: *Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶ 6.

[^44]: *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 (Wireless Telecom. Bur. 1998).

[^45]: *Id.*

[^46]: *See, e.g.,* Letter to Colby M. May from Barbara A. Kreisman and
    Margaret W. Wiener, DA 05-2445 (Video and Auctions Divs. Sept. 13,
    2005) (finding apparent violation of anti-collusion rule where
    applicants with mutually exclusive applications reported sharing
    same individual as an officer and director and reported having no
    bidding agreement).

[^47]: *See* 47 C.F.R. § 1.2105(c)(7)(i).

[^48]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, DA 95-2244, 11 FCC
    Rcd 9645 (1995).

[^49]: *Id*., 13 FCC Rcd at 11978 ¶ 13.

[^50]: 47 C.F.R. § 1.65.

[^51]: The Bureaus caution prospective applicants that any facsimile
    transmission received concerning the anti-collusion rules, whether a
    notification of a communication from an applicant or an applicant\'s
    agent or an allegation that some other individual or entity has
    violated the anti-collusion rules, will be attributed to an
    applicant in Auction No. 64 if the facsimile transmission originates
    from the premises of the applicant or any agent of the applicant or
    any individual or entity with privity to the applicant. It will be
    considered to be a material misrepresentation of fact to the
    Commission by the applicant if the facsimile, as received, fails to
    clearly and accurately identify the name of the Auction No. 64
    applicant.

[^52]: 47 C.F.R. § 1.2105(c)(6); *see also Seventh Report and Order*, 16
    FCC Rcd at 17555 ¶ 17 .

[^53]: 47 C.F.R. § 1.2107(d).

[^54]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^55]: In cases where specific instances of collusion in the competitive
    bidding process are alleged in the petition to deny process, the
    Commission may conduct an investigation or refer such matters to the
    United States Department of Justice for investigation. *See
    Competitive Bidding Second Report and Order*, 9 FCC Rcd at 2388 ¶
    226. *See also* "Justice Department Sues Three Firms Over FCC
    Auction Practices," *Press Release* 98-536 (DOJ Nov. 10, 1998).

[^56]: *See* Amendment of Part 1 of the Commission\'s Rules --
    Competitive Bidding Procedures, WT Docket No. 97-82, *Third Further
    Notice of Proposed Rule Making*, 14 FCC Rcd 21588, 21590 ¶ 4 (1999);
    *see also* Implementation of Section 309(j) of the Communications
    Act-Competitive Bidding, PP Docket No. 93-253, *Memorandum Opinion
    and* Order, 9 FCC Rcd 7684, 7689 ¶ 12 (1994) ("\[W\]e wish to
    emphasize that all applicants and their owners continue to be
    subject to existing antitrust laws. Applicants should note that
    conduct that is permissible under the Commission\'s Rules may be
    prohibited by the antitrust laws."); Implementation of Section
    309(j) of the Communications Act-Competitive Bidding, PP Docket No.
    93-253, *Fourth Memorandum Opinion & Order*, 9 FCC Rcd 6858, 6869 n.
    134 (1994).

[^57]: *See* 47 C.F.R. § 1.2109(d); *see also* *Competitive Bidding
    Second Report and Order*, 9 FCC Rcd at 2388 ¶ 226.

[^58]: [http://wireless.fcc.gov/auctions/anticollusion](http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion)

[^59]: *See* 47 C.F.R. § 73.606.

[^60]: Pub.L.No. 106-113, 113 Stat. Appendix I at 1501A-594 -- 598
    (1999), codified at 47 U.S.C. § 336(f).

[^61]: Establishment of a Class A Television Service, MM Docket No.
    00-10, *Report and Order*, 15 FCC Rcd 6355 (2000). *See* discussion
    of requirements to protect qualified Class A television stations
    Section I.A.2., *supra* .

[^62]: The Media Bureau's web page which is specific to Class A
    television stations is available at:
    <http://www.fcc.gov/mb/video/files/classa.html>.

[^63]: 47 C.F.R. Part 1, Subpart I.

[^64]: 47 C.F.R. §§ 1.1305-1.1319.

[^65]: *Auction No. 64 Comment Public Notice*.

[^66]: *See* 47 C.F.R. § 1.2105.

[^67]: *See* *Competitive Bidding Second Report and Order*, 9 FCC Rcd at
    2376 ¶ 163.

[^68]: *See* 47 C.F.R. § 1.2105.

[^69]: *See id*.

[^70]: As discussed generally in Reexamination of the Comparative
    Standards for Noncommercial Educational Applicants, *Noncommercial
    Educational* *Second Report and Order*, 18 FCC Rcd 6691
    (2003)(\"*NCE Second* *Report and Order*\"), the opening of a window
    for nonreserved vacant construction permits provides a filing
    opportunity for both noncommercial educational ("NCE") and
    commercial applicants. However, as discussed in Section III.C,
    *infra*, while non-mutually exclusive NCE applications will not be
    resolved through competitive bidding, any applications specifying
    NCE facilities that are mutually exclusive with any applications
    specifying commercial facilities will be returned as unacceptable
    for filing. 47 C.F.R. § 73.5002(b).

[^71]: "Media of mass communication" include both commercial and NCE
    full-power broadcast stations.

[^72]: The fact that, on January 20, 2006, a bidder has a pending or
    granted application to assign or transfer control of a media
    interest shall not be sufficient to avoid attribution. To avoid
    attribution, an applicant or its attributable interest holders must
    have consummated the transaction by January 20, 2006. Thus, an
    applicant could not qualify for a bidding credit, nor upgrade a
    previously claimed bidding credit, based upon ownership or
    positional changes occurring after the short-form filing application
    deadline. *See* Liberty Productions, a Limited Partnership,
    *Memorandum Opinion and Order*, 16 FCC Rcd 12061, *stay denied*, 16
    FCC Rcd 18966 (2001), *aff'd sub nom, Biltmore Forest Broadcasting
    FM, Inc. v. F.C.C.*, 321 F.3d 155 (D.C. Cir.), *cert. denied*, 540
    U.S. 981 (2003) ("*Liberty Productions*").

[^73]: *See* 47 C.F.R. § 73.3555 Note 2.

[^74]: *See* *Clarification of Commission Policies Regarding Spousal
    Attribution*, 7 FCC Rcd 1920 (1992).

[^75]: *See* Review of the Commission's Regulations Governing
    Attribution of Broadcast and Cable/MDS Interests, *Report and
    Order,* MM Docket No. 94-150, 14 FCC Rcd 12559 (1999) (prior history
    omitted).

[^76]: *See* 47 C.F.R. § 73.5008(c).

[^77]: Further, *any* applicant asserting new entrant status must have
    *de facto* as well as *de jure* control of the entity claiming the
    bidding credit. 47 C.F.R. § 73.5007. Typically, *de jure* control is
    evidenced by ownership of at least 50.1 percent of an entity\'s
    voting stock or equivalent level of interest in cases where the
    bidder is not a corporate entity. *De facto* control is determined
    on a case-by-case basis.

[^78]: *Broadcast Reconsideration Order*, 14 FCC Rcd at 8764 ¶ 75; 47
    C.F.R. § 73.5007.

[^79]: *See Minnesota Christian Broadcasters, Inc.*, 18 FCC Rcd 614
    (2003), *aff'd sub nom*. *Carol DeLaHunt v. FCC*, No. 03-1029, slip
    op. (D.C. Cir. Feb. 4, 2004) (unreported opinion available at 88
    Fed.Appx. 418 (D.C. Cir.); *aff'd sub nom*. *Minnesota Christian
    Broadcasters, Inc. v. FCC*, 411 F.3d 283 (D.C. Cir 2005).

[^80]: *See* 47 C.F.R. §§ 1.2105(a), 73.3555 and Note 2, 73.5007,
    73.5008.

[^81]: *See* 47 C.F.R. §§ 73.5007, 73.5008.

[^82]: *See* 47 C.F.R. § 73.5007.

[^83]: *See* 47 C.F.R. § 73.5008.

[^84]: *See* 47 C.F.R. § 73.5007(c).

[^85]: 47 C.F.R. § 1.2105(b)(2).

[^86]: To be eligible to participate in competitive bidding for one or
    more of the construction permits identified in Attachment A of this
    public notice, each applicant, including those individuals or
    entities with a pending long-form application listed under "open"
    construction permits or designated for the "closed" construction
    permit for station TV-NTS011-51 in Attachment A, must submit before
    the deadline specified in this public notice a complete and correct
    short-form application which demonstrates its qualifications to
    participate in competitive bidding, each applicant must select
    correctly one or more construction permits, and each applicant must
    remit a sufficient upfront payment before the deadline specified in
    this public notice. In particular, certain specified applicants must
    select the construction permit for station TV-NTS011-51.

[^87]: 47 C.F.R*.* § 1.2105(a)(2)(ix).

[^88]: 47 C.F.R. § 1.2105(a)(2)(viii), (c)(1).

[^89]: *See* above Section I.B.2.

[^90]: 47 C.F.R. § 1.2105(c)(4)(i), (ii).

[^91]: *See, e.g.,* Todd Stuart Noordyk, *Memorandum Opinion and Order*,
    16 FCC Rcd 18113, 18117 (2001); *see also Amendment of Part 1 of the
    Commission\'s Rules -- Competitive Bidding Procedures,* WT Docket
    No. 97-82, *Third Report and Order and Second Further Notice of
    Proposed Rule Making*, 13 FCC Rcd 374, 467 (1997).

[^92]: *Broadcast Competitive Bidding First Report and Order*, 13 FCC
    Rcd at 15976.

[^93]: Section 73.5002 of the Commission's rules specifies the bidding
    procedures, certification requirements and the anti-collusion rules
    applicable to mutually exclusive applications for commercial
    broadcast services subject to auction. Subsection (b) of that rule
    requires the timely submission of short form applications, along
    with the required certifications, information and exhibits, pursuant
    to the provisions of 47 C.F.R. § 1.2105(a) and any Commission public
    notices. 47 C.F.R. § 1.2105 *inter alia* requires the disclosure on
    the short-form application of the applicant's ownership information
    as specified in 47 C.F.R. § 1.2112.

[^94]: Affiliates and controlling interests are defined at 47 C.F.R. §
    1.2110.

[^95]: 47 C.F.R. § 1.2105(a)(2)(xi); Amendment of Part 1 of the
    Commission's Rules -- Competitive Bidding Procedures, WT Docket No.
    97-82, *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, 15317 ¶ 42 and n. 142 (modified by
    Erratum, DA 00-2475 (WTB Nov. 3, 2000)) ("*Fifth Report and
    Order*").

[^96]: 47 C.F.R. § 1.2105(a)(2)(x); *Fifth Report and Order,* 15 FCC Rcd
    at 15317 ¶ 42.

[^97]: 47 C.F.R. §§ 1.2105(a)(2)(xi) and 1.2106(a). See discussion at
    Section III.D.3.

[^98]: 47 C.F.R. § 1.2105(a)(2)(x); *see Fifth Report and Order*, 15 FCC
    Rcd at 15317 ¶ 42 and n. 142 ("If any one of an applicant's
    controlling interests or their affiliates...is in default on any
    \[construction permit or\] Commission licenses or is delinquent on
    any non-tax debt owed to any Federal agency at the time the
    applicant files it\[s\] Form 175, the applicant will not be able to
    make the certification required by Section 1.2105(a)(2)(x)...and
    will not be eligible to participate in Commission auctions.").

[^99]: *See* "Wireless Telecommunications Bureau Reminds Prospective
    Broadband PCS Spectrum Auction Applicants of Default and Delinquency
    Disclosure Requirements," *Public Notice*, 19 FCC Rcd 21920
    (Wireless Telecom. Bur. 2004) ("*Auction Default Disclosure Public
    Notice*"). This public notice may be found at

    [http://wireless.fcc.gov/auctions/58/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=58).

[^100]: *See* Letter to Cheryl A. Tritt, Esq. from Margaret Wiener,
    Chief, Auctions and Spectrum Access Division, WTB, 19 FCC Rcd 22907
    (WTB 2004) (clarifying the term "debt" or "non-tax debt" as
    referenced in 47 C.F.R. §§ 1.2105(a) and 1.2106(a)). This letter may
    be found at

    [http://wireless.fcc.gov/auctions/58/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=58).

[^101]: Even where Commission rules expressly enable late payment,
    subject to payment of an additional late fee, and do not impose a
    final payment deadline, the Commission may in some cases issue a
    demand for payment by a date certain. *See* 47 C.F.R. § 1.1164(a).
    Failure to comply with the terms of a particular demand letter in
    the time period provided may render the subject debt delinquent,
    notwithstanding rules generally permitting late payment.

[^102]: Amendment of Part 0 and 1 of the Commission\'s Rules;
    Implementation of the Debt Collection Improvement Act of 1996 and
    Adoption of Rules Governing Applications or Requests for Benefits by
    Delinquent Debtors, MD Docket No. 02-339, *Report and Order*, 19 FCC
    Rcd 6540 (2004) (implementing Pub. L. No. 104-134, 110 Stat. 1321,
    1358 (1996)).

[^103]: *Id*., 19 FCC Rcd at 6541 n.11. Footnote 11 specifically
    mentions 47 C.F.R. § 1.2105(a)(2)(x) and (xi).

[^104]: *See* *Auction Default Disclosure Public Notice*, 19 FCC Rcd at
    21920 (addressing relationship between Commission's Red Light
    Display System and Form 175 default and delinquency disclosure
    requirements for auction applicants).

[^105]: *See* Amendment of Part 0 and 1 of the Commission\'s Rules;
    Implementation of the Debt Collection Improvement Act of 1996 and
    Adoption of Rules Governing Applications or Requests for Benefits by
    Delinquent Debtors, MD Docket No. 02-339, *Report and Order*, 19 FCC
    Rcd 6540 (2004) (implementing Debt Collection Improvement Act of
    1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996)). *See*
    *also* 47 C.F.R. § 1.1112.

[^106]: Applicants that have their long-form applications dismissed will
    be deemed to have defaulted and will be subject to default payments
    under 47 C.F.R. §§ 1.2104(g) and 1.2109(c).

[^107]: 47 C.F.R. § 1.2110(c)(2).

[^108]: *See* 47 C.F.R. § 1.2105.

[^109]: *See* 47 C.F.R. § 1.917.

[^110]: 47 C.F.R. § 1.65.

[^111]: For example, if ownership changes result in the attribution of
    new interest holders that affect the applicant's qualifications for
    a new entrant bidding credit, such information must be clearly
    stated in the applicant\'s notification. *See Liberty Productions*,
    16 FCC Rcd at 12078.

[^112]: *See* 47 C.F.R. § 1.2105(b)(2).

[^113]: 47 C.F.R. § 1.2105(a).

[^114]: 47 C.F.R. § 73.3573(f)(4).

[^115]: In the *NCE Second Report and Order*, the Commission determined
    that short-form applicants that do not identify themselves on their
    FCC Form 175 as "noncommercial educational" will be considered as a
    matter of law, applicants for commercial broadcast stations. *NCE
    Second Report and Order*, 18 FCC Rcd at 6700 ¶ 22.

[^116]: *Id.* at 6699-6701. *See also* 47 C.F.R. § 73.5002(b).

[^117]: *NCE Second Report and Order*, 18 FCC Rcd at 6699-6701. *See
    also* 47 C.F.R. § 73.5002(b).

[^118]: 47 C.F.R. § 1.2105; *see* Two Way Radio of Carolina, Inc.,
    *Memorandum Opinion and Order*, 14 FCC Rcd 12035 (1999). *See also
    NCE Second Report and Order*, 18 FCC Rcd at 6700 ¶ 22.

[^119]: *See* Letter to Patrick Shannon, Counsel for Lynch 3G
    Communications Corp., from Margaret W. Wiener, Chief, Auctions and
    Industry Analysis Division, WTB, 18 FCC Rcd 11552 (WTB 2003).

[^120]: Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Proceeding, *Order, Memorandum Opinion and Order and Notice
    of Proposed Rule Making*, 12 FCC Rcd 5686, 5697-98 ¶ 16 (1997)
    ("*Part 1 Order*").

[^121]: *Fifth Report and Order*, 15 FCC Rcd at 15316-17 ¶¶ 40-42; 47
    C.F.R. § 1.2106(a); *see* 47 C.F.R. § 1.2105(a)(2)(xi).

[^122]: 47 C.F.R. § 1.2110(b).

[^123]: *Auction No. 64 Comment Public Notice* at 4.

[^124]: Provisionally winning bids are bids that would become winning
    bids if the auction were to close after the given round. (*See*
    below Section IV.B.4).

[^125]: Results are rounded using our standard rounding procedure:
    results above \$10,000 are rounded to the nearest \$1,000; results
    below \$10,000 but above \$1,000 are rounded to the nearest \$100;
    and results below \$1,000 are rounded to the nearest \$10.

[^126]: 47 C.F.R. § 1.2106(a).

[^127]: 47 C.F.R. §1.1910.

[^128]: *Auction No. 64 Comment Public Notice* at 3.

[^129]: *Id.* at 4.

[^130]: *Id.* at 4-5.

[^131]: *Id*. at 4-5.

[^132]: When monitoring activity for determining when to change stages,
    the Bureaus may consider the percentage of bidding units of the
    construction permits receiving new provisionally winning bids,
    excluding any FCC-held construction permits.

[^133]: *Auction No. 64 Comment Public Notice* at 6.

[^134]: *Id*. at 9.

[^135]: *Id*. at 9.

[^136]: *Id.* at 6.

[^137]: 47 U.S.C. § 309(j)(4)(F).

[^138]: *See* Amendment of Part 1 of the Commission's Rules ---
    Competitive Bidding Procedures, WT Docket No. 97-82, *Third Report
    and Order and Second Further Notice of Proposed Rule Making,* 13 FCC
    Rcd 375, 455-456 ¶ 141 (1997)("*Third Report and Order*").

[^139]: *Id*.

[^140]: *Id*.

[^141]: *Auction No. 64 Comment Public Notice* at 7.

[^142]: *See* 47 U.S.C. 309(j)(3)(C).

[^143]: *Auction No. 64 Comment Public Notice* at 7.

[^144]: Results are rounded using our standard rounding procedure:
    results above \$10,000 are rounded to the nearest \$1,000; results
    below \$10,000 but above \$1,000 are rounded to the nearest \$100;
    and results below \$1,000 are rounded to the nearest \$10.

[^145]: Bidders must have sufficient eligibility to place a bid on the
    particular license. *See* *supra* Section III.D.3 "Amount of Upfront
    Payment."

[^146]: In the event of duplicate bid amounts due to rounding, the FCC
    Auction System will omit the duplicates and will list fewer than
    nine acceptable bid amounts for the construction permit.

[^147]: *Auction No. 64 Comment Public Notice* at 8-9.

[^148]: *Auction No. 64 Comment Public Notice* at 9.

[^149]: For Round 1 calculations, because there is no prior round
    (*i.e.*, no round 0), the activity index from the prior round is set
    at 0.

[^150]: Results are rounded using our standard rounding procedures:
    results above \$10,000 are rounded to the nearest \$1,000; results
    below \$10,000 but above \$1,000 are rounded to the nearest \$100;
    and results below \$1,000 are rounded to the nearest \$10.

[^151]: *See supra* Section IV.A.2.

[^152]: *Auction No. 64 Comment Public Notice* at 9.

[^153]: A description of the L'Ecuyer algorithms can be found in
    L'Ecuyer, P. (1999) "Good Parameters and Implementations for
    Combined Multiple Recursive Random Number Generators" *Operations
    Research* 47 (1), pp.159-164. A longer version of this paper and the
    C code for the algorithms can be found on the author's website at
    <http://www.iro.umontreal.ca/~lecuyer/papers.html>.

[^154]: Bidders must have sufficient eligibility to place a bid on the
    particular construction permit. *See* *supra* Section III.D.3
    "Amount of Upfront Payment."

[^155]: In the event of duplicate bid amounts due to rounding, the FCC
    Auction System will omit the duplicates and will list fewer than
    nine acceptable bid amounts for the construction permit.

[^156]: *Auction No. 64 Comment Public Notice* at 9-10.

[^157]: *Id.*

[^158]: *Third Report and Order*, 13 FCC Rcd at 459-60 ¶ 150.

[^159]: Bidders were not permitted to withdraw bids after the close of a
    bidding round in Auction No. 32 (Broadcast), Auction No. 38 (700 MHz
    Guard Band), Auction No. 46 (1670-1675 MHz Band), and Auction No. 54
    (Broadcast).

[^160]: *See* 47 C.F.R. § 73.5006. The Commission is currently
    considering a proposal to standardize auction payment rules by
    conforming rules applicable to broadcast construction permits won at
    auction to the final payment procedures in section 1.2109(a). *See*
    Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission\'s Competitive Bidding Rules and
    Procedures, WT Docket No. 05-211, *Declaratory Ruling and Notice of
    Proposed Rule Making*, 20 FCC Rcd 11268 (2005).

[^161]: *See* 47 C.F.R. § 73.5006(d).

[^162]: 47 C.F.R. §§ 1.2109. The Wireless Telecommunications Bureau now
    employs for wireless service auctions a final payment deadline which
    is different from the final payment deadline employed in Auction No.
    64. *See e.g*., Auction of Licenses in the Multichannel Video
    Distribution and Data Service Rescheduled for January 14, 2004,
    Notice and Filing Requirements, Minimum Opening Bids, Upfront
    Payments and Other Auction Procedures, *Public* *Notice*, 18 FCC Rcd
    17553, 17588 (Wireless Telecom. Bur. 2003).

[^163]: 47 C.F.R. §§ 1.2112(b) and 73.5005.

[^164]: *See Abundant Life, Inc.*, 17 FCC Rcd 4006 (2002) ("*Abundant
    Life*"); *Winstar Broadcasting Corp.*, 17 FCC Rcd 6126 (2002);
    *Delta Radio, Inc.*, 18 FCC Rcd 16889 (2003).

[^165]: *See* 47 C.F.R. § 1.2109(b) and (c).

[^166]: 47 C.F.R. § 1.2109(d).

[^167]: *See generally*, 47 C.F.R. § 1.2105.

[^168]: Any application for a noncommercial educational station that is
    mutually exclusive with any application for a commercial station
    will be returned as unacceptable for filing. *See NCE Second Report
    and Order*, 18 FCC Rcd at 6699-6700. Applicants specifying the same
    television station construction permit are considered mutually
    exclusive.

[^169]: *See NCE Second Report and Order*, 18 FCC Rcd at 6699-6700.
    Applicants specifying the same television station construction
    permit are considered mutually exclusive.

[^170]: *See generally*, 47 C.F.R. §1.2105(a)(2)(i).

[^171]: Full-service noncommercial educational stations, on both
    reserved and nonreserved channels, are included among "media of mass
    communications" as defined in 47 C.F.R. § 73.5008(b). *See Minnesota
    Christian Broadcasters, Inc.,* 18 FCC Rcd 614 (2003), *aff'd sub
    nom*. *Carol DeLaHunt v. FCC*, No. 03-1029, slip op. (D.C. Cir. Feb.
    4, 2004) (unreported opinion available at 88 Fed.Appx. 418 (D.C.
    Cir.), *aff'd sub nom*. *Minnesota Christian Broadcasters, Inc. v.
    FCC*, 411 F.3d 283 (D.C. Cir. 2005).

[^172]: *See generally*, 47 C.F.R. § 1.2105(a)(2) (viii).

[^173]: *See generally*, 47 C.F.R. §§ 1.2105(a)(2)(ii)(B), 1.2110,
    1.2112, 73.5002.

[^174]: *See* 47 C.F.R. § 1.2112.

[^175]: 47 C.F.R. § 1.2112(a). Section 73.5002 specifies the bidding
    procedures, certification requirements and anti-collusion rules
    applicable to applications for commercial broadcast services that
    are subject to auction. Subsection (b) requires the timely
    submission of FCC Form 175 applications along with all required
    certifications, information and exhibits pursuant to 47 C.F.R. §
    1.2105(a) and any Commission public notices. Section 1.2105 requires
    the disclosure on the short form application of applicant ownership
    information, as set forth in Section 1.2112. *See also* 47 C.F.R. §
    1.2105(a)(2).

[^176]: 47 C.F.R. § 1.2112(a)(7).

[^177]: S*ee* 47 C.F.R. § 1.2112(a)(6).

[^178]: *Id*.

[^179]: *See generally*, 47 C.F.R. § 1.2105(a)(2) (iv)-(vii) and
    (ix)-(xi).

[^180]: *See* 47 C.F.R. § 1.2105(a)(2)(xi).

[^181]: *See* 47 C.F.R. § 1.2106(a).

[^182]: *See* 47 C.F.R. § 1.917.

[^183]: *See generally*, 47 C.F.R. § 1.2105(a)(2) (iv)-(vii) and
    (ix)-(xi).

[^184]: *See* 47 C.F.R. § 1.2105.