**DA 06-907**

**April 28, 2006**

**AUCTION OF 800 MHz AIR-GROUND RADIOTELEPHONE SERVICE LICENSES**

**9 Bidders Qualified to Participate in Auction No. 65**

**Report No. AUC-06-65-F (Auction No. 65)**

In this Public Notice*,* the Wireless Telecommunications Bureau ("WTB")
identifies 9 applicants found to be qualified to bid in the upcoming
auction for new nationwide commercial Air-Ground Radiotelephone Service
licenses ("Auction No. 65").[^1] Bidding in Auction No. 65 is scheduled
to begin on Wednesday, May 10, 2006. In addition, this Public Notice
contains bidding instructions and other important information regarding
Auction No. 65.

**Attachment A** lists each of the 9 qualified bidders, their upfront
payments, and their maximum eligibility in bidding units.

**Attachment B** lists the licenses selected on each qualified bidder's
short-form application (FCC Form 175).

**Attachment C** lists each applicant that submitted a short-form
application, but did not qualify to bid in this auction. These
applicants are reminded that they remain subject to the Federal
Communication Commission's rules prohibiting collusion in Commission
auctions.[^2]

In order to participate effectively in the auction, qualified bidders
again should familiarize themselves with the auction rules, procedures,
and other information described in the *Auction No. 65 Procedures Public
Notice* and subsequent public notices.[^3] These public notices and
other documents related to Auction No. 65 are available on the
Commission's auctions website at <http://wireless.fcc.gov/auctions/>.
The following information provides additional guidance.

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

-   At least two SecurID cards

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

-   FCC Auction Bidder Line telephone number

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

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

Any qualified bidder listed in Attachment A of this public notice that
has not received the registration mailing **by 12:00 p.m. Eastern Time
(ET), on Thursday, May 4, 2006**, must contact the Auctions Hotline
directly at (717) 338-2868. Qualified bidders that do not receive this
registration mailing will not be able to submit bids. Receipt of the
registration mailing is critical to participating in both the mock
auction and the actual auction, and it is the responsibility of each
qualified bidder to ensure that all registration information has been
received.

**Registration Material Replacement.** In the event that a bidder's
SecurID 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).

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

Qualified bidders are permitted to bid telephonically or electronically.
In either case, **each authorized bidder** must have his or her own RSA
SecurID card, which the FCC will provide at no charge. Applicants with
only 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 and the instructions
for using them are only mailed to the contact person at the contact
address listed on the applicant's short-form application.** Please note
that each SecurID card is tailored to a specific auction. SecurID cards
issued for other auctions or obtained from a source other than the FCC
will not work for Auction No. 65. The Auction Bidder Line telephone
number will be supplied with the registration material.

Please note that the SecurID cards can be recycled, and we strongly
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 closes.

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

In their registration materials, all qualified bidders will be supplied
with a telephone number for the Auction Bidder Line. Bidders choosing to
bid telephonically are required to use this telephone number to place
bids. Electronic bidders may use this telephone number as an alternate
method of bidding in the event they are unable to submit their bids
electronically. **Telephonic bidders are reminded to allow sufficient
time to bid by placing their calls well in advance of the close of a
round.**[^4]

**Minimum Opening Bid Amounts.** There will be a minimum opening bid
amount for each license in Auction No. 65, calculated in accordance with
factors previously announced.[^5] The minimum opening bid amount is
subject to reduction at the discretion of the Bureau. The Bureau will
not entertain requests to lower minimum opening bid amounts. The Bureau
will exercise this discretion, if at all, independent of any
communications from bidders.

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

**Bidding Schedule.** On Wednesday, May 10, 2006, and continuing until
further notice, there will be four rounds of bidding as follows:

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

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

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

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

Round results will be available approximately 10 minutes after the close
of each round. The Bureau will set the pace of the auction based upon
monitoring of the bidding and assessment of the auction's progress. All
subsequent schedule changes will be made by announcement via the FCC
Auction System during the course of the auction.

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

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

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

**Monitoring Round Results.** The Integrated Spectrum Auction System
(ISAS) Bidder's Guide (included in the registration material) provides
instructions for reviewing and downloading round results.

**Amendments to Short-Form Applications.** Applicants are responsible
for maintaining the accuracy and completeness of information furnished
in their short-form applications, including their attachments.[^6]
Applicants should amend their short-form applications as promptly as
possible, but no later than ten business days from the occurrence of a
reportable change. Changes that cause a loss of or reduction in
eligibility for a bidding credit must be reported immediately.
Applicants must modify their short-form application electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction65@fcc.gov>. Questions about
changes should be directed to Howard Davenport at (202) 418-0660.

[]{.mark}

As described in the Commission's rules, applicants may make only minor
corrections to their short-form applications (*e.g*., changing an
authorized bidder or a facsimile number).[^7] Major modifications
(*e.g.*, license changes, newly claimed or increased bidding credit, or
changing control of the applicant) will not be accepted.[^8] Bidders are
reminded that any change affecting eligibility for a bidding credit,
insofar as it results in the diminishment or loss of the bidding credit
claimed on the short-form application, must be clearly stated in the
bidder's amendment and in the summary letter referenced above. In such
cases, the Commission will make appropriate adjustments in the bidding
credit prior to the computation of any down and final payment amounts
due.

**Due Diligence.** Potential bidders are reminded that they are solely
responsible for investigating and evaluating all technical and
marketplace factors that may have a bearing on the value of the 800 MHz
Air-Ground Radiotelephone Service facilities being offered in this
auction. The Commission makes no representations or warranties about the
use of this spectrum for particular services. Potential bidders are
strongly encouraged to conduct their own research prior to the beginning
of competitive bidding in Auction No. 65 in order to determine the
existence of pending administrative or judicial proceedings, pleadings,
applications or authorizations that might affect their decisions
regarding participation in the auction. Bidders are also responsible for
reviewing all pending rulemaking petitions and open proceedings, as well
as reconsideration petitions or waiver requests, that might affect the
license on which they plan to bid. Additionally, potential bidders
should perform technical analyses sufficient to assure themselves that,
should they prevail in competitive bidding for a specific license, they
will be able to build and operate facilities that will fully comply with
the Commission's technical and legal requirements. Participants in
Auction No. 65 are strongly encouraged to continue such research
throughout the auction.

Each potential bidder is solely responsible for identifying associated
risks and for investigating and evaluating the degree to which such
matters may affect the bidder's ability to bid on, otherwise acquire, or
make use of licenses available in Auction No. 65. For further details
regarding due diligence, qualified bidders should refer to the *Auction
No. 65 Procedures Public Notice* under Section I.B.6.[^9]

Potential bidders are reminded that in the *Air-Ground Order*, the
Commission granted Verizon Airfone Inc. ("Verizon Airfone" or
"Airfone"), the only incumbent service provider in the 800 MHz
air-ground band, a nonrenewable license to operate in the band for five
years. This license will expire on May 13, 2010.[^10] Verizon Airfone
must remove its incumbent narrowband operations from three megahertz of
spectrum in the band within two years of the initial grant date of a new
license in the band, but may continue to operate in the remaining one
megahertz of the band until the expiration of its nonrenewable
license.[^11] The Commission has directed the Bureau to adopt reporting
requirements so that Airfone's transition of its base stations and its
subscribers' aircraft to operations in one megahertz of the 800 MHz
air-ground band may be monitored.[^12] Accordingly, the Bureau issued a
public notice enumerating such requirements on February 6, 2006.[^13]
Airfone must file its initial transition status report with the
Commission six months from the date of the grant of any new license in
the band and at each of the three six-month intervals thereafter.[^14]

In addition, if Airfone, or an affiliate of Airfone, wins an exclusive 3
MHz license at auction, the Bureau will issue a public notice within 60
days of the grant of such a license that will require the company (1) to
include in each status report information regarding the transition of
its existing subscribers from its narrowband system to a broadband
system and (2) to file additional status reports at six-month intervals
from the conclusion of the two-year transition period until the
expiration of its five-year nonrenewable license.[^15]

**Mock Auction.** On Monday, May 8, 2006, the Bureau will conduct a mock
auction which will allow qualified bidders to familiarize themselves
with the FCC Auction System. Only qualified bidders will be permitted to
participate in the mock auction. The Bureau will conduct this auction
over the Internet, but telephonic bidding also will be available.
Qualified bidders that wish to place bids telephonically should use the
telephone number supplied in the Auction No. 65 registration materials.

The mock auction can be accessed at:
[http://auctions.fcc.gov](http://auctions.fcc.gov/). Alternatively, you
may also use [http://auctions2.fcc.gov](http://auctions2.fcc.gov/). The
mock auction will include only the 4 licenses in Band Plans 2 and 3
(licenses C, D, E, and F) for Auction No. 65 and will follow the rules
governing the actual auction. The mock auction will be identified as
Mock Auction No. 74. The FCC Auction System will assume that each bidder
applied for all 4 of the licenses included in the mock auction. The mock
auction will simulate the start of the auction, and each bidder will be
required to be active (place a bid or hold the provisionally winning
bid) on at least one license in each round to maintain its bidding
eligibility. If a bidder does not meet this requirement, it will have a
waiver automatically applied (if the bidder has any waivers available),
or its eligibility will be permanently reduced (if the bidder has no
waivers remaining) and it will no longer be permitted to place bids in
the mock auction.

Electronic bidders participating in the mock auction are advised to
review the Integrated Spectrum Auction System (ISAS) Bidder's Guide
provided in the registration material.

The mock auction bidding schedule for Monday, May 8, 2006, will be:

Round 1 10:00 a.m. - 10:30 a.m. ET

Round 2 11:30 a.m. - 11:45 a.m. ET

Round 3 12:30 p.m. - 12:45 p.m. ET

**Prohibition of Collusion.** Applicants are reminded that Section
1.2105(c) of the Commission's rules prohibits applicants for any of the
same geographic license areas from communicating with each other about
bids or bidding strategies unless they have identified each other as
parties with which they have entered into agreements under Section
1.2105(a)(2)(viii).[^16] Because all of the licenses available in
Auction No. 65 have the same service area, i.e., they are nationwide,
this prohibition will apply to all applicants. Thus, all applicants
(unless they have identified each other on their FCC Form 175
applications as parties with whom they have entered into agreements
under Section 1.2105(a)(2)(viii)) must affirmatively avoid all
communications with or disclosures to each other that affect or have the
potential to affect bids or bidding strategy, which may include
communications regarding the post-auction market structure.[^17] For
Auction No. 65, this prohibition became effective at the short-form
application filing deadline on Friday, March 24, 2006, and will end at
the post-auction down payment deadline, which will be announced in a
future public notice.[^18] **This prohibition applies to all applicants
regardless of whether such applicants become qualified bidders or
actually bid.**[^19] The prohibition continues until the down payment
deadline regardless of whether a winning bidder needs to make an
additional payment by the down payment deadline.

For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
"applicant" to include all officers and directors of the entity
submitting a short-form application to participate in the auction, as
well as all controlling interests of that entity and 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. [^20] We note that a violation of the anti-collusion rule
could occur when an individual serves as an officer and/or director for
two or more competing applicants.[^21]

If parties had agreed in principle on all material terms of a bidding
agreement(s), those parties must have been identified on the short-form
application as required by Section 1.2105(c), even if the agreement had
not been reduced to writing. If parties had not agreed in principle by
the short-form application filing deadline, an applicant should not have
included the names of those parties on its application and must not have
continued negotiations or communications prohibited by the
anti-collusion rule.[^22]

[]{.mark}

Applicants competing for licenses for any of the same geographic license
areas must not communicate directly or indirectly about bids or bidding
strategy.[^23] Accordingly, the Bureau encourages such applicants not to
use the same individual as an authorized bidder.[^24] A violation of the
anti-collusion rule could occur if an individual acts as the authorized
bidder for two or more competing applicants, and conveys information
concerning the substance of bids or bidding strategies between the
applicants he or she is authorized to represent in the auction. A
violation similarly could occur if the authorized bidders are different
individuals employed by the same organization (*e.g*., law firm or
consulting firm). In such a case, at a minimum, applicants should take
precautionary steps to prevent communication between authorized
bidders.[^25] However, the Bureau cautions that merely filing a
certifying statement as part of the short-form application will not
outweigh specific evidence that collusive behavior has occurred, nor
will it preclude the initiation of an investigation when warranted.[^26]

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.[^27] Thus, Section 1.65 requires auction applicants
that engage in a communication of bids or bidding strategies that
results in a bidding agreement, arrangement, or understanding not
already identified on their short-form applications to promptly disclose
any such agreement, arrangement or understanding to the Commission by
amending their pending applications. In addition, Section 1.2105(c)(6)
requires all auction applicants to report any prohibited discussion or
disclosure regarding bids or bidding strategy to the Commission in
writing immediately but in no case later than five business days after
the communication occurs, even if the communication does not result in
an agreement or understanding regarding bids or bidding strategies that
must be reported under Section 1.65.[^28]

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 agreements or arrangements entered into relating to the
competitive bidding process.[^29] Any applicant found to have violated
the anti-collusion rule may be subject to sanctions.[^30] In addition,
applicants are reminded that they are subject to the antitrust laws,
which are designed to prevent anti-competitive behavior in the
marketplace. If an applicant is found to have violated the antitrust
laws in connection with its participation in the competitive bidding
process, it may be subject to forfeiture of its upfront payment, down
payment, or full bid amount and may be prohibited from participating in
future auctions.[^31]

**Submission of Auction-related Filings.** As noted above, applicants
seeking to amend their short-form applications during the auction must
make modifications to their short-form applications electronically and
submit a letter, briefly summarizing the changes, by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction65@fcc.gov>.

Parties wishing to submit requests, complaints, or other information
concerning Auction No. 65 also should send a copy by electronic mail to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address: <auction65@fcc.gov>, in addition to
following other procedures prescribed by the Commission's rules. The
Commission occasionally receives complaints regarding certain bidders
and requests to suspend bidding during an auction. While the Commission
reserves the right to take appropriate action during an auction to
preserve the integrity of the auction process, it is generally our
practice to address any such allegations only after the winning bidders
have submitted their long-form applications, when there is greater
opportunity for investigation of such allegations, if warranted.

Finally, parties wishing to make suggestions concerning Auction No. 65
or future auctions are encouraged to present such ideas using the
suggestion feature of the FCC Auction System. (As mentioned above, this
feature is not an appropriate mechanism for posing time-sensitive
questions that need an immediate response.) Commission staff considers
all suggestions, but may not always provide an individualized response.

**Long-Form Applications.** Within ten days after release of the auction
closing public notice, winning bidders must electronically submit a
properly completed long-form application (FCC Form 601), for each
license won through Auction No. 65.[^32] Applicants that claim
eligibility to receive a small business or very small business bidding
credit should be aware that, following the auction, they will be subject
to more extensive reporting requirements contained in the Commission's
Part 1 ownership disclosure rule.[^33] In addition, applicants with
foreign ownership interests will be required to comply with 47 U.S.C. §
310(b) at the long-form application stage. Further filing instructions
will be provided to auction winners at the close of the auction.[^34]

For additional information regarding this public notice, please contact:

Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau:

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

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

For legal questions: Howard Davenport at (202) 418-0660

Mobility Division, Wireless Telecommunications Bureau:

For legal and service rule questions: Erin McGrath or Richard Arsenault
at (202) 418-0620 (legal); or Jay Jackson or Moslem Sawez at (202)
418-0620 (technical)

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

**[- FCC -]{.smallcaps}**

[^1]: *See* "Auction of 800 MHz Air-Ground Radiotelephone Service
    Licenses Scheduled for May 10, 2006, Notice and Filing Requirements,
    Minimum Opening Bids, Upfront Payments and Other Procedures for
    Auction No. 65," *Public Notice,* DA 06-299 (rel. Feb. 21, 2006)
    ("*Auction No. 65 Procedures Public Notice*\"); *see also* "Auction
    of 800 MHz Air-Ground Radiotelephone Service Licenses Scheduled For
    May 10, 2006, Additional Default Payment of 20 Percent Will Apply to
    Auction No. 65," *Public Notice*, DA 06-588 (rel. March 20, 2006).

[^2]: *See* 47 C.F.R. § 1.2105(c); *infra*, pp. 6-8.

[^3]: *See Auction No. 65 Procedures Public Notice, supra*, at n. 1;
    *see also* Auction of 800 MHz Air-Ground Radiotelephone Service
    Licenses, Status of FCC Form 175 Applications to Participate in
    Auction No. 65, *Public Notice*, DA 06-701 (rel. Mar. 31, 2006).
    []{.mark}

[^4]: The length of a call to place a telephonic bid may vary; please
    allow a minimum of 10 minutes.

[^5]: *Auction No. 65 Procedures Public Notice* at 31-33. Attachment A
    of the *Auction No. 65 Procedures Public Notice* sets forth the
    minimum opening bid amounts for each license offered in Auction No.
    65.

[^6]: *See* 47 C.F.R § 1.65.

[^7]: *See* 47 C.F.R. § 1.2105(b).

[^8]: *Id*.

[^9]: *Auction No. 65 Procedures Public Notice* at 10-12.

[^10]: Amendment of Part 22 of the Commission's Rules to Benefit the
    Consumers of Air-Ground Telecommunications Services, Biennial
    Regulatory Review --- Amendment of Parts 1, 22, and 90 of the
    Commission's Rules, Amendment of Parts 1 and 22 of the Commission's
    Rules to Adopt Competitive Bidding Rules for Commercial and General
    Aviation Air-Ground Radiotelephone Service, WT Docket Nos. 03-103
    and 05-42, *Report and Order and Notice of Proposed Rulemaking*, 20
    FCC Rcd 4403 at 4440-41 ¶¶ 80-81 (2005)*,* ("*Air-Ground Order")*.

[^11]: *See id.* at 4438-39 ¶ 75. If Band Plan 1 or 2 is the winning
    configuration at auction, Verizon Airfone's incumbent system must
    cease operations in the lower 1.5 MHz portion of each 2 MHz
    air-ground band within two years of the initial date of grant of a
    new license or licenses. Verizon Airfone may relocate its incumbent
    operations to the upper 0.5 MHz portion of each 2 MHz band (0.5 MHz
    at 850.5-851.0 MHz paired with 0.5 MHz at 895.5-896.0 MHz) and may
    continue to operate under the renewal authorization until the end of
    the five-year license term. If Band Plan 3 is the winning
    configuration at auction, Verizon Airfone's incumbent system must
    cease operations in the upper 1.5 MHz portion of each 2 MHz
    air-ground band within two years of the initial date of grant of a
    new license; Airfone may relocate to the lower 0.5 MHz portion of
    each 2 MHz band (0.5 MHz at 849.0-849.5 MHz paired with 0.5 MHz at
    894.0-894.5 MHz) and may continue to operate under the renewal
    authorization until the end of the five-year license term.

[^12]: Amendment of Part 22 of the Commission's Rules to Benefit the
    Consumers of Air-Ground Telecommunications Services, Biennial
    Regulatory Review --- Amendment of Parts 1, 22, and 90 of the
    Commission's Rules, Amendment of Parts 1 and 22 of the Commission's
    Rules to Adopt Competitive Bidding Rules for Commercial and General
    Aviation Air-Ground Radiotelephone Service, WT Docket Nos. 03-103
    and 05-42, *Order on Reconsideration and Report and Order,* FCC
    05-202 at ¶ 21 (rel. December 9, 2005) ("*Air-Ground Reconsideration
    Order and R&O*").

[^13]: "Wireless Telecommunications Bureau Adopts Reporting Requirements
    Regarding Verizon Airfone Inc., Call Sign KNKG804," *Public Notice*,
    DA 06-294 (rel. February 6, 2006).

[^14]: Airfone is not required to submit any classified information
    regarding government aircraft in its reports, and may seek
    confidential treatment of information contained in the transition
    reports in accordance with the Commission's rules and policies.
    *Air-Ground Reconsideration Order and R&O* at ¶ 21. *See also* 47
    C.F.R. § 0.459.

[^15]: *Air-Ground Reconsideration Order and R&O* at ¶ 22. The
    Commission has stated that, at a minimum, Airfone must specify the
    number and percentage of each type of aircraft (commercial, general
    aviation, and government) and base stations that have been
    configured to operate in the three megahertz portion of the band.
    The report must also delineate which aircraft have been transitioned
    from Airfone's 4 MHz narrowband system directly to a 3 MHz broadband
    system, and which aircraft have been transitioned from the 4 MHz
    narrowband system to a 1 MHz narrowband system and then to a 3 MHz
    broadband system. *Id.*

[^16]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). *See also Auction
    No. 65 Procedures Public* Notice at 6-9, for a discussion of the
    anti-collusion rules in Auction No. 65. *See* 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)
    ("*Part 1* *Seventh Report and Order*"); *see also id.*, *Order on
    Reconsideration of the Third Report and Order, Fifth Report and
    Order, and Fourth Further Notice of Proposed Rule Making*, 15 FCC
    Rcd 15293, 15297-98 ¶¶ 7-8 (2000).

[^17]: *See, e.g.,* "Wireless Telecommunications Bureau Provides
    Guidance on the Anti-Collusion Rule for D, E and F Block Bidders,"
    *Public Notice*, DA 96-1460 (rel. August 28, 1996).

[^18]: 47 C.F.R. § 1.2105(c)(1).

[^19]: *See, e.g.*, Star Wireless, LLC, *Forfeiture Order*, 19 FCC Rcd
    18626 (EB 2004) (imposing forfeiture in the amount of \$100,000 for
    violation of the anti-collusion rule, even though an applicant never
    made an upfront payment for the auction and was not listed as a
    qualified bidder); Northeast Communications of Wisconsin, LLC,
    *Forfeiture Order*, 19 FCC Rcd 18635 (EB 2004) (imposing forfeiture
    in the amount of \$100,000 for violation of the anti-collusion rule,
    even though the applicant never made an upfront payment for the
    auction and was not listed as a qualified bidder); Letter to Robert
    Pettit, Esq., from Margaret W. Wiener, 16 FCC Rcd 10080 (WTB Auc.
    Div. 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).

[^20]: 47 C.F.R. § 1.2105(c)(7)(i).

[^21]: *See* Letter to Colby M. May from Barbara A. Kreisman and
    Margaret W. Wiener, 20 FCC Rcd 14648 (Video and Auc. Divs.
    2005)(finding apparent violation of anti-collusion rule where
    applicants with mutually exclusive applications shared same
    individual as an officer and director and reported no bidding
    agreement).

[^22]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645 (WTB
    1995).

[^23]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶ 6.

[^24]: *See Auction No. 65 Procedures Public Notice* at 7.

[^25]: *See* Application of Nevada Wireless for a License to Provide 800
    MHz Specialized Mobile Radio Service in the Farmington, NM-CO
    Economic Area (EA-155) Frequency Band A, *Memorandum Opinion and
    Order,* 13 FCC Rcd 11973, 11977 ¶ 11 (1998).

[^26]: *Id*., 13 FCC Rcd at 11978 ¶ 13.

[^27]: 47 C.F.R. § 1.65.

[^28]: 47 C.F.R. §§ 1.65, 1.2105(c)(6); *see also Part 1* *Seventh
    Report and Order*, 16 FCC Rcd at 17555 ¶ 17.

[^29]: *See* 47 C.F.R. § 1.2107(d).

[^30]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^31]: *See* 47 C.F.R. § 1.2109(d).

[^32]: *See* 47 C.F.R. §§ 1.2107.

[^33]: *See* 47 C.F.R. § 1.2112(b)(2).

[^34]: *See* 47 C.F.R. §§ 1.2107, 1.2109(a).