**DA 06-299**

**February 21, 2006**

**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**

Report No. AUC-06-65-B (Auction No. 65)

Table of Contents

Heading Paragraph \#

I. General Information 1

A. Introduction 1

1\. Background of Proceeding 2

2\. Licenses to Be Auctioned 5

B. Rules and Disclaimers 9

1\. Relevant Authority 9

2\. Prohibition of Collusion 11

3\. Incumbent Licensee 20

4\. Interference Protection 22

a\. International Coordination 23

b\. Quiet Zone 24

5\. Spectrum Sharing Plan 25

6\. Due Diligence 26

7\. Bidder Alerts 34

8\. National Environmental Policy Act Requirements 36

C. Auction Specifics 37

1\. Auction Date 37

2\. Auction Title 38

3\. Bidding Methodology 39

4\. Pre-Auction Dates and Deadlines 40

5\. Requirements for Participation 41

6\. General Contact Information 42

II\. short-form Application (FCC FORM 175) REQUIREMENTS 43

A. Preferences for Small Businesses 47

1\. Bidding Credits 47

2\. Tribal Land Bidding Credits 50

3\. Installment Payments 51

B. License Selection 52

C. Consortia and Joint Bidding Arrangements 53

D. Ownership Disclosure Requirements 55

E. Bidding Credit Revenue Disclosures 57

F. Provisions Regarding Former and Current Defaulters 61

G. Other Information 67

H. Minor Modifications to Short-Form Applications (FCC Form 175) 68

I. Maintaining Current Information in Short-Form Applications (FCC Form
175) 72

III\. PRE-AUCTION PROCEDURES 73

A. Auction Seminar --- March 14, 2006 73

B. Short-Form Application (FCC Form 175) --- Due Before 6:00 p.m. ET on
March 24, 2006 76

C. Application Processing and Minor Corrections 79

D. Upfront Payments --- Due April 17, 2006 81

1\. Making Auction Payments by Wire Transfer 82

2\. FCC Form 159 85

3\. Upfront Payments and Bidding Eligibility 86

4\. Applicants' Wire Transfer Information for Purposes of Refunds of
Upfront Payments 92

E. Auction Registration 93

F. Remote Electronic Bidding 97

G. Mock Auction -- May 8, 2006 99

IV\. AUCTION EVENT 100

A. Auction Structure 101

1\. Simultaneous Multiple Round Auction 101

2\. Activity Rule 102

3\. Activity Rule Waivers 105

4\. Auction Stopping Rules 109

5\. Auction Delay, Suspension, or Cancellation 114

B. Bidding Procedures 116

1\. Round Structure 116

2\. Reserve Price or Minimum Opening Bid 118

3\. Minimum Acceptable Bid Amounts and Bid Increment Amounts 127

4\. Provisionally Winning Bids 133

5\. Bidding 138

6\. Bid Removal and Bid Withdrawal 145

7\. Round Results 148

8\. Auction Announcements 149

9\. Maintaining the Accuracy of FCC Form 175 Information 150

V. POST-AUCTION PROCEDURES 151

A. Down Payments 151

B. Final Payments 153

C. Long-Form Application (FCC Form 601) 154

D. Ownership Disclosure Information Report (FCC Form 602) 155

E. Default and Disqualification 156

F. Refund of Remaining Upfront Payment Balance 158

VI\. ATTACHMENT A: Licenses to Be Auctioned a-1

VII\. Attachment b: FCC auction Seminar Registration Form b-1

VIII\. ATTACHMENT c: Electronic Filing and Review of the Short-Form
Application (FCC Form 175) c-1

IX\. ATTACHMENT d: Auction-Specific Instructions for FCC Remittance
Advice (FCC Form 159) d-1

x\. ATTACHMENT e: Summary Listing of Commission and Bureau Documents
Addressing Application of the Anti-Collusion Rule e-1

# General Information

## Introduction

1.  By this Public Notice, the Wireless Telecommunications Bureau
    ("Bureau") announces the procedures and minimum opening bid amounts
    for the upcoming auction of new nationwide commercial Air-Ground
    Radiotelephone Service licenses in the 800 MHz band[^1] scheduled
    for May 10, 2006 (Auction No. 65).[^2] On January 10, 2006, in
    accordance with Section 309(j)(3) of the Communications Act of 1934,
    as amended,[^3] the Bureau released a public notice seeking comment
    on a reserve price and minimum opening bid amounts and the
    procedures to be used in Auction No. 65.[^4] The Bureau received one
    comment in response to the *Auction No. 65 Comment Public Notice*.

### Background of Proceeding 

2.  On February 22, 2005, the Commission released the *Air-Ground
    Order,* in which it adopted a flexible regulatory approach to
    determine the future band configuration of the four megahertz of
    dedicated spectrum in the 800 MHz commercial Air-Ground
    Radiotelephone Service. Based on the band configuration proposals
    submitted by interested parties in the proceeding, the Commission
    decided to assign nationwide air-ground licenses under one of three
    alternative band configurations, implementing the band plan
    receiving the highest gross aggregate bid in an auction.[^5] The
    Commission also requested comment on competitive bidding rules for
    the 800 MHz commercial Air-Ground Radiotelephone Service.[^6]

3.  On December 9, 2005, the Commission released the *Air-Ground
    Reconsideration Order and R&O,* in which it resolved petitions for
    reconsideration of the *Air-Ground Order* and adopted competitive
    bidding rules for the 800 MHz commercial Air-Ground Radiotelephone
    Service.[^7]

4.  Licensees in the 800 MHz Air-Ground Radiotelephone Service will be
    permitted to provide any type of air-ground service (*i.e.*, voice
    telephony, broadband Internet, data, etc.) to aircraft of any type,
    and serve any or all aviation markets (commercial, government, and
    general). A licensee must provide service to aircraft and may not
    provide ancillary land mobile or fixed services in the 800 MHz
    air-ground spectrum.[^8]

### Licenses to Be Auctioned 

5.  Auction No. 65 will offer nationwide commercial licenses in the 800
    MHz band in three alternative band configurations: (1) Band Plan 1,
    comprised of two overlapping, shared, cross-polarized 3 MHz licenses
    (Licenses A and B, respectively),[^9] (2) Band Plan 2, comprised of
    an exclusive 3 MHz license and an exclusive 1 MHz license (Licenses
    C and D, respectively),[^10] and (3) Band Plan 3, comprised of an
    exclusive 1 MHz license and an exclusive 3 MHz license (Licenses E
    and F, respectively), with the blocks at opposite ends of the band
    from Band Plan 2.[^11] Licenses in only one of these mutually
    incompatible band configurations will be awarded. The band plan that
    receives the highest aggregate gross bid in the auction will be
    implemented,[^12] and licenses composing that configuration will be
    awarded to winning bidders subject to review of their long-form
    license applications. Because the three band configurations are
    mutually incompatible, applications for licenses in different band
    plans will be mutually exclusive.

6.  No party may obtain a controlling interest, either at auction or by
    a post-auction transaction, in new licenses for more than three
    megahertz of spectrum (either shared or exclusive) in the band. No
    single party, therefore, may win or hold more than one license in
    any of the available band configurations.[^13]

7.  The following table contains the characteristics of the licenses
    that will be offered in Auction No. 65:

+-------+-------+-------------------+------------+-------+----------+
| *     | *     | **Frequency       | **Total    | *     | **Ge     |
| *Band | *Lice | Band**            | B          | *Pair | ographic |
| P     | nse** |                   | andwidth** | ing** | Area     |
| lan** |       | **(MHz)**         |            |       | Type**   |
+-------+-------+-------------------+------------+-------+----------+
| 1     | A     | 849.0-850.5 /     | 3 MHz      | P     | Na       |
|       |       | 894.0-895.5       |            | aired | tionwide |
|       |       |                   | (2 MHz     |       |          |
|       |       |                   | Shared)    |       |          |
+-------+-------+-------------------+------------+-------+----------+
|       | B     | Initial:          | 3 MHz      | P     | Na       |
|       |       |                   |            | aired | tionwide |
|       |       | 849.0-850.5 /     | (2 MHz     |       |          |
|       |       | 894.0-895.5       | Shared)    |       |          |
|       |       |                   |            |       |          |
|       |       | After Clearing:   |            |       |          |
|       |       |                   |            |       |          |
|       |       | 849.5-851.0 /     |            |       |          |
|       |       | 894.5-896.0       |            |       |          |
+-------+-------+-------------------+------------+-------+----------+
| 2     | C     | 849.0-850.5 /     | 3 MHz      | P     | Na       |
|       |       | 894.0-895.5       |            | aired | tionwide |
+-------+-------+-------------------+------------+-------+----------+
|       | D     | 850.5-851.0 /     | 1 MHz      | P     | Na       |
|       |       | 895.5-896.0       |            | aired | tionwide |
+-------+-------+-------------------+------------+-------+----------+
| 3     | E     | 849.0-849.5 /     | 1 MHz      | P     | Na       |
|       |       | 894.0-894.5       |            | aired | tionwide |
+-------+-------+-------------------+------------+-------+----------+
|       | F     | 849.5-851.0 /     | 3 MHz      | P     | Na       |
|       |       | 894.5-896.0       |            | aired | tionwide |
+-------+-------+-------------------+------------+-------+----------+

8.  A complete list of the licenses available in Auction No. 65 and
    their descriptions is also included in Attachment A of this Public
    Notice.

## Rules and Disclaimers 

### Relevant Authority 

9.  Prospective applicants must familiarize themselves thoroughly with
    the Commission's general competitive bidding rules set forth in
    Title 47, Part 1, of the Code of Federal Regulations, including
    recent amendments and clarifications;[^14] rules relating to the 800
    MHz Air-Ground Radiotelephone Service contained in Title 47, Part
    22, of the Code of Federal Regulations; and rules relating to
    applications, practice and procedure contained in Title 47, Part 1,
    of the Code of Federal Regulations. Prospective applicants must also
    be thoroughly familiar with the procedures, terms and conditions
    (collectively, "terms") contained in this Public Notice and the
    Commission's decisions in proceedings regarding competitive bidding
    procedures, application requirements, and obligations of Commission
    licensees.[^15]

10. 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
    all applicants to remain current with all Commission rules and with
    all public notices pertaining to this auction. Copies of most
    auctions-related Commission documents, including public notices, can
    be retrieved from the FCC Auctions Internet site at
    [http://wireless.fcc.gov/auctions](http://wireless.fcc.gov/auctions/default.htm?job=auctions_home).
    Additionally, documents are available for public inspection and
    copying between 8:00 a.m. and 4:30 p.m. Eastern Time (ET) Monday
    through Thursday or 8:00 a.m. to 11:30 a.m. ET 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 at
    [http://www.bcpiweb.com](http://www.bcpiweb.com/). [^16]

### Prohibition of Collusion

11. To ensure the competitiveness of the auction process, Section
    1.2105(c) of the Commission's rules prohibits applicants for
    licenses in any of the same geographic license areas 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).[^17] 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.[^18] This prohibition begins at the short-form
    application filing deadline and ends at the down payment deadline
    after the auction.[^19] **This prohibition applies to all applicants
    regardless of whether such applicants become qualified bidders or
    actually bid.**[^20]

12. 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,
    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.[^21]

13. Applicants for licenses for any of the same geographic license areas
    must not communicate directly or indirectly about bids or bidding
    strategy.[^22] Because all of the licenses available in Auction No.
    65 have the same service area, all 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 applicants, and conveys
    information concerning the substance of bids or bidding strategies
    between such applicants. Also, if the authorized bidders are
    different individuals employed by the same organization (*e.g.,* law
    firm, engineering firm, or consulting firm), a violation similarly
    could occur.[^23] 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.[^24] A violation of the anti-collusion rule
    could occur in other contexts, such as an individual serving as an
    officer of two or more applicants.[^25]

14. The Commission's rules do not prohibit applicants from entering into
    otherwise lawful bidding agreements **before** filing their
    short-form applications, as long as they disclose the existence of
    the agreement(s) in their short-form applications. If parties agree
    in principle on all material terms prior to the short-form filing
    deadline, each party to the agreement must identify the other party
    or parties to the agreement on its 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
    short-form filing deadline, they should not include the names of
    parties to discussions on their applications, and they may not
    continue negotiations, discussions or communications with any other
    applicants after the short-form filing deadline.[^26]

15. By electronically submitting its short-form application, each
    applicant certifies its compliance with Section 1.2105(c). However,
    the Bureau cautions 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.[^27]

16. 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.[^28] Thus, Section 1.65 requires
    an auction applicant to notify the Commission of any substantial
    change to the information or certifications included in its pending
    short-form application. Applicants are therefore required by Section
    1.65 to report to the Commission any communications they have made
    to or received from another applicant after the short-form filing
    deadline that affect or have the potential to affect bids or bidding
    strategy unless such communications are made to or received from
    parties to agreements identified under Section 1.2105(a)(2)(viii).
    In addition, Section 1.2105(c)(6) provides 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.[^29]

17. 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.[^30]

18. Any applicant found to have violated the anti-collusion rule may be
    subject to sanctions.[^31] Applicants are also reminded that,
    regardless of compliance with the Commission's rules, they are
    subject to the antitrust laws, which are designed to prevent
    anticompetitive behavior in the marketplace.[^32] Compliance with
    the disclosure requirements of the Commission's anti-collusion rule
    will not necessarily insulate a party from enforcement of the
    antitrust laws.[^33] 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.[^34]

19. A summary listing of documents issued by the Commission and the
    Bureau addressing the application of the anti-collusion rule may be
    found in Attachment E. These documents are available on the
    Commission's auction anti-collusion web page.[^35]

### Incumbent Licensee 

20. 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.[^36] 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.[^37] 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.[^38] Accordingly, the Bureau
    issued a public notice enumerating such requirements on February 6,
    2006.[^39] 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.[^40]

21. 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.[^41]

### Interference Protection 

22. Ground stations in the Air-Ground Radiotelephone Service that
    operate in the 849-851 MHz range will be subject to the same
    interference abatement obligation rules adopted for cellular
    services in the *800 MHz Order*.[^42] []{.mark}

#### International Coordination

23. To promote interoperable communications and to manage interference,
    some of the ground station locations in North America and channel
    block assignments of the 800 MHz air-ground band have been
    predetermined consistent with bilateral agreements with Mexico and
    with Canada.[^43] These agreements, which provide for coordinated
    use of the 800 MHz air-ground frequencies over North American
    airspace, are based on a narrow bandwidth channel scheme, and
    therefore may need to be renegotiated to provide for more flexible
    use of this spectrum based on the band plan configuration that is
    implemented as a result of the auction.

#### Quiet Zone 

24. Stations in the 800 MHz Air-Ground Radiotelephone Service must
    protect the radio quiet zones set forth in the Commission's
    rules.[^44] Licensees are cautioned that they must receive the
    appropriate approvals directly from the relevant quiet zone entity
    prior to operating within the areas described in the Commission's
    rules.[^45]

### Spectrum Sharing Plan

25. If Band Plan 1, which is comprised of two overlapping 3 MHz
    licenses, is implemented, the new licensees will be required to
    jointly file a spectrum sharing and site selection plan with the
    Bureau within six months of the initial grant of their spectrum
    licenses, and they will be required to notify the Bureau of any
    changes to the plan.[^46] The Bureau will issue a public notice
    prior to the commencement of Auction No. 65 in which it will specify
    the filing requirements for such a plan. This approach will provide
    parties with overlapping spectrum licenses flexibility to configure
    their systems without having to adhere to minimum spacing
    requirements or site locations predetermined by the Commission.

### Due Diligence 

26. 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 licenses 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 licensee in the
    800 MHz Air-Ground Radiotelephone 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 license constitute a guarantee of business
    success.** Applicants should perform their individual due diligence
    before proceeding as they would with any new business venture.

27. Potential bidders are strongly encouraged to conduct their own
    research prior to the beginning of bidding in Auction No. 65 in
    order to determine the existence of any pending administrative or
    judicial proceedings that might affect their decision regarding
    participation in the auction. Participants in Auction No. 65 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 license, they will be able to
    build and operate facilities that will fully comply with the
    Commission\'s technical and legal requirements.

28. Applicants 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 licensees or the
    licenses available in Auction No. 65. In addition, pending and
    future judicial proceedings may relate to particular applicants or
    incumbent licensees or the licenses available in Auction No. 65.
    Prospective bidders are responsible for assessing the likelihood of
    the various possible outcomes, and considering their potential
    impact on spectrum licenses available in this auction.

29. Applicants should perform due diligence to identify and consider all
    proceedings that may affect the spectrum licenses being auctioned
    and that could have an impact on the availability of spectrum for
    Auction No. 65. 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 auction.

30. **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 licenses available in Auction No. 65.**

31. Applicants may obtain information about the incumbent air-ground
    licensee, Verizon Airfone Inc., through the Bureau's licensing
    database on the World Wide Web at <http://wireless.fcc.gov/uls>.
    Applicants may query the database online and download a copy of
    their search results if desired. Detailed instructions on using
    License Search (including frequency searches and the GeoSearch
    capability) and downloading query results are available online by
    selecting the "?" button at the upper right-hand corner of the
    License Search screen or by going to the ULS support site at
    <http://esupport.fcc.gov/licensing.htm>. Applicants should direct
    questions regarding the ULS search capabilities to the FCC ULS
    Technical Support hotline at (877) 480-3201, option two. The hotline
    is available to assist with questions Monday through Friday, from
    8:00 a.m. to 7:00 p.m. ET. In order to provide better service to the
    public, all calls to the hotline are recorded.

32. 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 an applicant,
    applicants 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
    its databases.

33. **Potential applicants are strongly encouraged to physically inspect
    any prospective ground station sites and also to familiarize
    themselves with the environmental assessment obligations described
    below in Section I.B.8.**

### Bidder Alerts

34. As is the case with many business investment opportunities, some
    unscrupulous entrepreneurs may attempt to use Auction No. 65 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.

35. 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. 65 may
    also call the FCC Consumer Center at (888) CALL-FCC ((888)
    225-5322).

### National Environmental Policy Act Requirements

36. Licensees must comply with the Commission's rules regarding
    implementation of the National Environmental Policy Act
    ("NEPA").[^47] The construction of a wireless antenna facility is a
    federal action and the licensee must comply with the Commission's
    NEPA rules for each such facility.[^48] The Commission's NEPA rules
    require, among other things, that the licensee consult with expert
    agencies having NEPA responsibilities, including the U.S. Fish and
    Wildlife Service, the State Historic Preservation Office, the Army
    Corps of Engineers and the Federal Emergency Management Agency
    (through the local authority with jurisdiction over floodplains).
    The licensee must prepare environmental assessments for 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 licensee
    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

37. Bidding in Auction No. 65 will begin on Wednesday, May 10, 2006, as
    announced in the *Auction No. 65 Comment Public Notice*.[^49] 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 licenses will be conducted on each
    business day until bidding has stopped on all licenses.

### Auction Title

38. Auction No. 65 -- 800 MHz Air-Ground Radiotelephone

### Bidding Methodology 

39. The bidding methodology for Auction No. 65 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.[^50]

### Pre-Auction Dates and Deadlines

40. Dates and Deadlines

Auction Seminar March 14, 2006

Short-Form Application (FCC Form 175) Filing Window Opens March 14,
2006; 12:00 p.m. ET

Short-Form Application (FCC Form 175) Filing Deadline March 24, 2006;
6:00 p.m. ET

Upfront Payment (via wire transfer) Deadline April 17, 2006; 6:00 p.m.
ET

Mock Auction May 8, 2006

Auction Begins May 10, 2006

### Requirements for Participation

41. 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), March 24, 2006, following the
    electronic filing procedures set forth in Attachment C to this
    Public Notice.

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

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-   Comply with all provisions outlined in this Public Notice and
    applicable Commission rules.

### General Contact Information

42. General Contact Information Table

+-----------------------------------+----------------------------------+
| **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**         | Mobility Division                |
+-----------------------------------+----------------------------------+
| Service Rules, Policies,          | \(202\) 418-0620                 |
| Regulations                       |                                  |
|                                   |                                  |
| 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 12th 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>    |
+-----------------------------------+----------------------------------+

#  {#section .unnumbered}

# short-form Application (FCC FORM 175) REQUIREMENTS

43. 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 permits.[^51] The short-form application is the first
    part of the Commission's two-phased auction application process. In
    the first phase of this process, parties desiring to participate in
    the auction file streamlined, short-form applications in which they
    certify under penalty of perjury as to their qualifications.[^52]
    Eligibility to participate in bidding is based on the applicant's
    short-form application and certifications as well as its upfront
    payment, explained below.[^53] In the second phase of the process,
    winning bidders file a more comprehensive long-form
    application.[^54]

44. Entities seeking licenses available in Auction No. 65 must file a
    short-form application electronically via the FCC Auction System
    before 6:00 p.m. ET on March 24, 2006, following the procedures
    prescribed in Attachment C to this Public Notice. 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 submitting 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.[^55] 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.

45. An entity may not submit more than one short-form application for a
    single auction. In the event that a party submits multiple
    short-form applications, only one application will be accepted for
    filing.

46. 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,
    that he or she 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.

## Preferences for Small Businesses

### Bidding Credits

47. A bidding credit represents the amount by which a bidder's winning
    bid will be discounted. For Auction No. 65 bidding credits will be
    available to small businesses and very small businesses, and
    consortia thereof, as follows:

-   A bidder with attributed average annual gross revenues that exceed
    \$15 million and do not exceed \$40 million for the preceding three
    years ("small business") will receive a 15 percent discount on its
    winning bid.[^56]

-   A bidder with attributed average annual gross revenues that do not
    exceed \$15 million for the preceding three years ("very small
    business") will receive a 25 percent discount on its winning
    bid.[^57]

48. Bidding credits are not cumulative; a qualifying applicant receives
    either the 15 percent or 25 percent bidding credit on its winning
    bid, but not both.

49. Every applicant that claims eligibility for a bidding credit as
    either a small business or a very small business, or a consortium of
    small businesses or very small businesses, will be required to
    provide information regarding revenues attributable to the
    applicant, its affiliates, its controlling interests, and the
    affiliates of its controlling interests on its FCC Form 175
    short-form application to establish that it satisfies the applicable
    eligibility requirement.[^58] Applicants considering claiming
    eligibility as a designated entity in Auction No. 65 should review
    carefully the recently released *CSEA/Part 1 Designated Entity
    FNPRM*.[^59] In the *CSEA/Part 1 Designated Entity FNPRM*, the
    Commission tentatively concluded that it should "restrict the award
    of designated entity benefits to an otherwise qualified designated
    entity where it has a 'material relationship' with a 'large
    in-region incumbent wireless service provider,'" and sought comment
    on how to define the elements of such a restriction. The Commission
    also sought comment on whether to restrict the award of designated
    entity benefits where an otherwise qualified designated entity has a
    "material relationship" with a large entity that has a significant
    interest in communications services.[^60] The Commission further
    proposed that in the event that any designated entity applicants
    have filed an application to participate in an auction prior to the
    effective date of any designated entity rule changes adopted
    pursuant to the *CSEA/Part 1 Designated Entity FNPRM*, such
    applicants be required to amend their applications on or after the
    effective date of the rule changes with a statement declaring, under
    penalty of perjury, that the applicant is qualified as a designated
    entity pursuant to section 1.2110 of the Commission's rules
    effective as of the date of the statement.[^61] Finally, the
    Commission noted that under this proposal the Bureau will establish
    any detailed procedures necessary for making required amendments and
    announce such procedures by public notice.[^62] Accordingly,
    applicants considering claiming eligibility as a designated entity
    in Auction No. 65 should monitor further proceedings pursuant to the
    *CSEA/Part 1 Designated Entity FNPRM* to assure their ability to
    comply with any changes to the designated entity rules that the
    Commission may adopt that are applicable to applicants in Auction
    No. 65.

### Tribal Land Bidding Credits

50. Tribal land bidding credits will not be available in Auction No. 65.
    The Commission's tribal land bidding credits are intended to provide
    incentives for wireless telecommunications carriers to serve
    individuals living on tribal lands. More specifically, tribal land
    bidding credits are intended for winning bidders that use licenses
    to deploy facilities and provide service to federally recognized
    tribal areas that are either unserved by any telecommunications
    carrier or that have a wireline telephone subscription or
    penetration rate of 85 percent or less.[^63] Commercial Air-Ground
    Radiotelephone Service licenses, however, must be used to provide
    service to aircraft and may not be used to provide ancillary land
    mobile or fixed services.[^64] Because 800 MHz air-ground licenses
    may not be used to provide terrestrial telephone service, tribal
    land bidding credits will not be available to winning bidders in
    Auction No. 65 under 47 C.F.R. § 1.2110(f)(3).

### Installment Payments

51. Installment payment plans will not be available in Auction No. 65.

## License Selection

52. In Auction No. 65, applicants must select the licenses on which they
    want to bid from the "Eligible Licenses" list. The applicant may
    select all the licenses in the list (by using the **SELECT ALL**
    option) or select individual licenses from the list. There will be
    no opportunity to change license selection after the short-form
    filing deadline.[^65] It is critically important that an applicant
    confirm its license selection before submitting its short-form
    application because the FCC Auction System will not accept bids on
    licenses that an applicant has not selected on its FCC Form 175.

## Consortia and Joint Bidding Arrangements

53. Applicants will be required to identify in their short-form
    applications all 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 licenses
    being auctioned, including any agreements relating to post-auction
    market structure.[^66] Applicants also will be required to certify
    under penalty of perjury in their short-form applications that they
    have not entered and will not enter into any explicit or implicit
    agreements, arrangements or understandings of any kind with any
    parties, other than those identified in the application, regarding
    the amount of their bids, bidding strategies, or the particular
    licenses on which they will or will not bid.[^67] 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 application and may
    not continue such discussions with any applicants after the
    deadline.[^68]

54. After the filing of short-form applications, 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 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.[^69] 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.[^70]

## Ownership Disclosure Requirements 

55. 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.[^71] 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 applicant.

56. An applicant's most current ownership information on file with the
    Commission, if in an electronic format compatible with the
    short-form application (FCC Form 175) (such as information submitted
    in an on-line FCC Form 602 or in an FCC Form 175 filed for a
    previous auction), will automatically be entered into the
    applicant's short-form application. Applicants are responsible for
    ensuring that the information submitted in their FCC Form 175 is
    complete and accurate. Accordingly, applicants should carefully
    review 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.

## Bidding Credit Revenue Disclosures 

57. To determine which applicants qualify for bidding credits as small
    businesses or very small businesses, the Commission considers the
    gross revenues of the applicant, its affiliates, its controlling
    interests, and the affiliates of its controlling interests.[^72]
    Therefore, entities applying to bid as small businesses or very
    small businesses (or consortia of small businesses or very small
    businesses) will be required to disclose on their FCC Form 175
    short-form applications the gross revenues of each of the following
    for the preceding three years: (1) the applicant, (2) its
    affiliates, (3) its controlling interests, and (4) the affiliates of
    its controlling interests.[^73] **Certification that the average
    annual gross revenues of such entities and individuals for the
    preceding three years do not exceed the applicable limit is not
    sufficient. In order to comply with the Commission's disclosure
    requirements for bidding credit eligibility, an applicant must
    provide separately for itself, its affiliates, its controlling
    interests, and the affiliates of its controlling interests, the
    gross revenues for each of the preceding three years.** If the
    applicant is applying as a consortium of small businesses or very
    small businesses, this information must be provided for each
    consortium member. [^74]

58. Controlling interests include individuals and entities with either
    *de facto* or *de jure* control of the applicant. Typically,
    **ownership of at least 50.1 percent of an entity's voting stock
    evidences *de jure* control**. *De facto* control is determined on a
    case-by-case basis.[^75] The following are some common indicia of
    *de facto* control:

-   the entity constitutes or appoints more than 50 percent of the board
    of directors or management committee;

-   the entity has authority to appoint, promote, demote, and fire
    senior executives that control the day-to-day activities of the
    licensee;

-   the entity plays an integral role in management decisions.[^76]

    Officers and directors of an applicant are also considered to have a
    controlling interest in the applicant.[^77] The Commission does not
    impose specific equity requirements on controlling interest holders.
    Once the principals or entities with a controlling interest are
    determined, only the revenues of those principals or entities, the
    affiliates of those principals or entities, and the applicant and
    its affiliates will be counted in determining small business
    eligibility.

59. In recent years the Commission has made modifications to its rules
    governing the attribution of gross revenues for purposes of
    determining small business eligibility. These changes include
    exempting the gross revenues of the affiliates of a rural telephone
    cooperative's officers and directors from attribution to the
    applicant if certain specified conditions are met.[^78] The
    Commission has also clarified that, in calculating an applicant's
    gross revenues under the controlling interest standard, it will not
    attribute the personal net worth, including personal income, of its
    officers and directors to the applicant.[^79]

60. A consortium of small businesses or very small businesses is a
    "conglomerate organization composed of two or more entities, each of
    which individually satisfies the definition of a small business
    \[or\] very small business as those terms are defined in the
    service-specific rules."[^80] Thus, each member of a consortium of
    small or very small businesses that applies to participate in
    Auction No. 65 must **individually** meet the definition of small
    business or very small business adopted by the Commission for the
    800 MHz Air-Ground Radiotelephone Service.[^81] Each consortium
    member must disclose its gross revenues along with those of its
    affiliates, its controlling interests, and the affiliates of its
    controlling interests. Although the gross revenues of the consortium
    members will not be aggregated for purposes of determining the
    consortium's eligibility as a small business or very small
    business,[^82] this information must be provided to ensure that each
    individual consortium member qualifies for any bidding credit
    awarded to the consortium.[^83]

## Provisions Regarding Former and Current Defaulters

61. Each applicant must state under penalty of perjury on its short-form
    application whether or not the applicant, its affiliates, its
    controlling interests, and the affiliates of its controlling
    interests, as defined by Section 1.2110,[^84] have ever been in
    default on any Commission licenses or have ever been delinquent on
    any non-tax debt owed to any Federal agency.[^85] In addition, each
    applicant must certify under penalty of perjury on its short-form
    application that, as of the short-form filing deadline, the
    applicant, its affiliates, its controlling interests, and the
    affiliates of its controlling interests, as defined by Section
    1.2110, are not in default on any payment for Commission licenses
    (including down payments) and that they are not delinquent on any
    non-tax debt owed to any Federal agency.[^86] 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.

62. "Former defaulters" --- *i.e.*, applicants, including any of their
    affiliates, any of their controlling interests, or any of the
    affiliates of their controlling interests, that in the past have
    defaulted on any Commission 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. 65,
    provided that they are otherwise qualified. However, as discussed
    *infra* in Section III.D.3, former defaulters are required to pay
    upfront payments that are 50 percent more than the normal upfront
    payment amounts.[^87]

63. "Current defaulters" --- *i.e.*, applicants, including any of their
    affiliates, any of their controlling interests, or any of the
    affiliates of their controlling interests, that are in default on
    any payment for any Commission licenses (including down payments) or
    are delinquent on any non-tax debt owed to any Federal agency as of
    the filing deadline for applications to participate in this auction
    -- are not eligible to bid in Auction No. 65.[^88]

64. Applicants are encouraged to review the Bureau's previous guidance
    on default and delinquency disclosure requirements in the context of
    the short-form application process.[^89] 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.[^90] 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.[^91]

65. 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.[^92] 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.[^93] 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.[^94] 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.

66. Prospective applicants for Auction No. 65 should note that all
    long-form applications filed after the close of competitive bidding
    will be reviewed for compliance with the Commission's red light
    rule,[^95] and such review may result in the dismissal of a winning
    bidder\'s long-form application.[^96]

## Other Information 

67. Applicants owned by members of minority groups and/or women, as
    defined in Section 1.2110(c)(3),[^97] may identify themselves in
    filling out their short-form applications regarding this status.
    This applicant status information is collected for statistical
    purposes only and assists the Commission in monitoring the
    participation of "designated entities" in its auctions.[^98]

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

68. After the deadline for filing short-form applications (FCC
    Forms 175) at **6:00 p.m. ET on March 24, 2006**, applicants 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 license selections, change
    control of the applicant, or claim eligibility for a higher bidding
    credit).[^99] 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.

69. 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) an officer, director, or duly authorized employee,
    if the applicant is a corporation, (4) a member who is an officer,
    if the applicant is an unincorporated association, (5) the trustee
    if the applicant is an amateur radio service club, or (6) a duly
    elected or appointed official who is authorized to make such
    certifications under the laws of the applicable jurisdiction, if the
    applicant is a governmental entity.[^100]

70. An applicant must make permissible minor changes to its short-form
    application, as such changes are 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.

71. In addition, applicants should 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>. The electronic mail summarizing the
    changes must include a subject or caption referring to Auction No.
    65 and the name of the applicant. The Bureau requests 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 Brian
    Carter of the Auctions and Spectrum Access Division at (202)
    418-0660.

## Maintaining Current Information in Short-Form Applications (FCC Form 175)

72. 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.[^101] Changes that cause a loss of or reduction in
    eligibility for a bidding credit must be reported immediately. 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.[^102]

# PRE-AUCTION PROCEDURES

## Auction Seminar --- March 14, 2006

73. On Tuesday, March 14, 2006, the FCC will conduct a seminar for
    parties interested in participating in Auction No. 65 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 FCC Form 175,
    auction conduct, the FCC Auction System, auction rules, and the 800
    MHz Air-Ground Radiotelephone Service rules. The seminar will also
    provide an opportunity for prospective bidders to ask questions of
    FCC staff.

74. To register, complete the registration form attached hereto as
    Attachment B and submit it by **Monday, March 13, 2006**.
    Registrations are accepted on a first-come, first-served basis. The
    seminar is free of charge.

75. For individuals who are unable to attend, an Audio/Video webcast of
    this seminar will be available from the FCC's Auction 65 web page at
    [http://wireless.fcc.gov/auctions/65/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=65/).
    Select the "Auction Seminar" link.

## Short-Form Application (FCC Form 175) --- Due Before 6:00 p.m. ET on March 24, 2006

76. 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.[^103] This application must be received at the
    Commission prior to 6:00 p.m. ET on March 24, 2006. **Late
    applications will not be accepted.** There is no application fee
    associated with filing an FCC Form 175. However, to be eligible to
    bid, an applicant must submit an upfront payment.[^104]

77. Applications may generally be filed at any time beginning at noon ET
    on March 14, 2006, until 6:00 p.m. ET on March 24, 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 applications multiple times until the filing
    deadline on March 24, 2006.

78. Applicants must always click on the SUBMIT button on the Certify &
    Submit screen of the electronic form to successfully submit their
    FCC Form 175 or modifications thereto. 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. FCC Auctions 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 Technical Support are recorded.

## Application Processing and Minor Corrections

79. After the deadline for filing 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
    that have minor defects that may be corrected, and the deadline for
    resubmitting such corrected applications.

80. As described more fully in the Commission's rules, after the March
    24, 2006, short-form filing deadline, 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 license selections, change control of the
    applicant, or claim eligibility for a higher bidding credit).[^105]

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

81. 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 April 17, 2006.**

### Making Auction Payments by Wire Transfer 

82. Wire transfer payments must be received before 6:00 p.m. ET on April
    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 \# 910-1203
>
> 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: "A65U")
>
> FCC CODE 1: (same as FCC Form 159, block 28A: "65")
>
> PAYER NAME: (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358425

**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.

83. 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. 65." 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.[^106]
    **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.**

84. 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. 65 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 April 17, 2006,
    deadline will result in dismissal of the application and
    disqualification from participation in the auction.

### FCC Form 159

85. A completed FCC Remittance Advice Form (FCC Form 159, Revised 2/03)
    must be faxed 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.

### Upfront Payments and Bidding Eligibility

86. In the *Part 1 Order* the Commission delegated to the Bureau the
    authority and discretion to determine appropriate upfront payment(s)
    for each auction.[^107] In addition, in the *Part 1 Fifth Report and
    Order*, the Commission ordered that former defaulters be required to
    pay upfront payments 50 percent greater than non-former
    defaulters.[^108] 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.[^109]

87. In the *Auction No. 65 Comment Public Notice*, we proposed an
    upfront payment amount of \$100,000 per license.[^110] We further
    proposed that the amount of the upfront payment would determine a
    bidder's bidding eligibility in bidding units. For Auction No. 65,
    we proposed to assign 100,000 bidding units per license.[^111] The
    number of bidding units for a given license is fixed and does not
    change during the auction as prices change.

88. Because the mutually incompatible band configurations and the three
    megahertz eligibility restriction limit a bidder to winning only a
    single license, we proposed to permit a bidder with 100,000 bidding
    units of eligibility to bid or be active simultaneously on any or
    all of the licenses it selected on its FCC Form 175, rather than
    being limited to activity on a single license with 100,000 bidding
    units as our usual activity and eligibility rules would require.
    Under our proposal, an upfront payment of \$100,000, or \$150,000 if
    the applicant is a former defaulter,[^112] would give a bidder
    100,000 bidding units of eligibility, which in turn would permit the
    bidder to be active on any or all of the licenses it selected on its
    FCC Form 175. Under this proposal, it would be unnecessary to
    acquire more than 100,000 bidding units of bidding eligibility. We
    received no comments concerning our proposals regarding the amount
    of upfront payments and the number of bidding units for each license
    available in Auction No. 65.

89. We adopt the above proposals. In order to bid on a license,
    qualified bidders that applied for any or all licenses on FCC Form
    175 must have eligibility of 100,000 bidding units. Therefore, an
    applicant that is not a former defaulter must submit a total upfront
    payment of at least \$100,000 in order to have 100,000 bidding
    units, or else the applicant will not be eligible to participate in
    the auction. An applicant that is a former defaulter must submit an
    upfront payment of at least \$150,000 in order to have 100,000
    bidding units. If a former defaulter fails to submit an upfront
    payment of at least \$150,000, the applicant will not be eligible to
    participate in the auction.[^113] **If an applicant fails to submit
    the upfront payment required to establish eligibility to bid in the
    auction by the upfront payment deadline, it will not be permitted to
    establish such eligibility after the upfront payment deadline.**

90. With 100,000 bidding units a bidder may be active on any or all
    licenses selected on its FCC Form 175, although it may win only one
    license. 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 purchase 100,000 bidding units.
    **The total upfront payment does not affect the total dollar amount
    a bidder may bid on any given license.**

91. The upfront payments and bidding units for each license are set
    forth in Attachment A of this Public Notice.

### Applicants' Wire Transfer Information for Purposes of Refunds of Upfront Payments

92. The Commission will use wire transfers for all Auction No. 65
    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.
    Applicants are reminded that information submitted as part of their
    FCC Form 175 will be available to the public. Accordingly, the
    pertinent information for wire transfers should not be included in
    the FCC Form 175. Wire Transfer Instructions can also 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.[^114])
Eligibility for refunds is discussed in Section V.F., below.

## Auction Registration

93. 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 who have timely
    submitted upfront payments sufficient to make them eligible to bid.

94. 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.**

95. 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, May 4, 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.

96. 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 

97. 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. 65.

98. 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 over.

## Mock Auction -- May 8, 2006

99. All qualified bidders will be eligible to participate in a mock
    auction on Monday, May 8, 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

100. The first round of bidding for Auction No. 65 will begin on
     Wednesday, May 10, 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

101. In the *Auction No. 65 Comment Public Notice*, we proposed to award
     all licenses in Auction No. 65 in a simultaneous multiple round
     auction.[^115] We received no comments on this proposal. As
     indicated above, licenses will be offered in three mutually
     incompatible band configurations, and the band plan that receives
     the highest gross bids in the auction will be implemented. We
     believe the simultaneous multiple-round auction is an appropriate
     auction design given these circumstances, and we adopt our
     proposal. In a simultaneous multiple round auction, all licenses
     are available during the entire auction, and bids are accepted on
     any license until the auction concludes. Unless otherwise
     announced, bids will be accepted on all licenses in each round of
     the auction until bidding stops on every license.

### Activity Rule 

102. As explained above, under the procedures we establish in this
     Public Notice for upfront payments and bidding eligibility, the
     amount of the upfront payment submitted by a bidder determines the
     bidder's bidding eligibility in terms of bidding units. A bidder
     must have 100,000 bidding units of eligibility to participate in
     Auction No. 65 --- *i.e.*, to bid on at least one license --- and
     may hold a maximum of 100,000 bidding units of eligibility. Any
     reduction in a bidder's eligibility will effectively preclude the
     bidder from further bidding in the auction.[^116]

103. In order to ensure that an 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. For Auction No. 65, we proposed the following
     activity requirement: in each round of the auction, a bidder
     desiring to maintain its eligibility to participate in the auction
     is required to be active (place a bid or hold the provisionally
     winning bid) on at least one license.[^117] Under this proposal,
     failure to maintain the required activity level has the effect of
     eliminating the bidder from further bidding in the auction unless
     an activity rule waiver is used. We received no comments on this
     proposal.

104. We adopt this proposal for Auction No. 65 because we believe it is
     an appropriate procedure for ensuring that the auction will proceed
     at a reasonable pace. Thus, in Auction No. 65, in each round of the
     auction, a bidder desiring to maintain its eligibility to
     participate in the auction is required to be active on at least one
     license. A bidder is considered active on a license 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.[^118] If a bidder fails to be active on at least one license
     in a round, it must use one of the limited number of activity rule
     waivers allotted to it in order to maintain its eligibility to
     continue bidding in the auction. If the bidder has no activity rule
     waivers remaining, its eligibility will be reduced and it will no
     longer be permitted to place bids in the auction.

### Activity Rule Waivers

105. In the *Auction No. 65 Comment Public Notice*, we proposed that
     each bidder in the auction be provided with three activity rule
     waivers.[^119] The Bureau received no comments on this issue. We
     adopt our proposal that each bidder be provided with three activity
     rule waivers. We are satisfied that providing three waivers over
     the course of the auction will give bidders a sufficient number of
     waivers and flexibility, while also safeguarding the integrity of
     the auction.

106. 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 failure
     to be active on at least one license in the current round. An
     activity rule waiver applies to an entire round of bidding and not
     to a particular license. Activity rule waivers can be either
     applied proactively by the bidder (a "proactive waiver") or applied
     automatically by the FCC Auction System (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.

107. 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, which in this
     auction would have the effect of precluding the bidder from further
     bidding in the auction. Therefore, the system will automatically
     apply a waiver at the end of any bidding round in which a bidder
     fails to be active (place a bid or hold the provisionally winning
     bid) on at least one license unless the bidder has no activity rule
     waivers available. If a bidder has no waivers remaining and does
     not satisfy the required activity requirement, it will no longer be
     permitted to place bids in the auction.

108. 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. A bidder cannot
     submit a proactive waiver after submitting a bid in a round, and
     submitting a proactive waiver will preclude a bidder from placing
     any bids in that round. **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

109. For Auction No. 65, the Bureau proposed to employ a simultaneous
     stopping rule approach.[^120] The Bureau also sought comment on a
     modified version of the simultaneous stopping rule. The modified
     version of the stopping rule would close the auction for all
     licenses after the first round in which no bidder applies a waiver
     or submits any new bids on any license on which it is not the
     provisionally winning bidder. Thus, absent any other bidding
     activity, a bidder placing a new bid on a license for which it is
     the provisionally winning bidder would not keep the auction open
     under this modified stopping rule.

110. The Bureau further proposed retaining the discretion to keep the
     auction open even if no new bids or proactive waivers are
     submitted. 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.

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

112. We proposed to exercise these options only in 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.[^121] We
     noted that before exercising these options, the Bureau is 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
     licenses where there is still a high level of bidding activity.

113. We received no comments concerning the auction stopping rules. We
     believe that the proposed stopping rules are appropriate for
     Auction No. 65, because our experience in prior auctions
     demonstrates that these stopping rules balance the interests of
     administrative efficiency and maximum bidder participation.
     Therefore, we adopt the above proposals. Auction No. 65 will begin
     under the simultaneous stopping rule approach, and the Bureau will
     retain the discretion to employ the other versions of the stopping
     rule.

### Auction Delay, Suspension, or Cancellation

114. In the *Auction No. 65 Comment Public Notice*, we proposed that, by
     public notice or by announcement during the auction, the Bureau 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.[^122] We received no comments on this issue.

115. Because our approach to notification of delay during an auction has
     proven effective in resolving exigent circumstances in previous
     auctions, we adopt our proposed auction cancellation rules. By
     public notice or by announcement during the auction, the Bureau 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
     Bureau, in its 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 Bureau to delay or
     suspend the auction. We emphasize that exercise of this authority
     is solely within the discretion of the Bureau, 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

116. 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.

117. 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 Bureau 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

118. 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 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.[^123] Consistent with this mandate, the
     Commission directed the Bureau to seek comment on the use of a
     minimum opening bid and/or reserve price prior to the start of each
     auction.[^124] Among other factors, the Bureau must consider the
     amount of spectrum being auctioned, levels of incumbency, the
     availability of technology to provide service, the extent of
     interference with other spectrum bands, and any other relevant
     factors that could have an impact on the spectrum licenses being
     auctioned.[^125] The Commission concluded that the Bureau should
     have the discretion to employ either or both of these mechanisms
     for future auctions.[^126]

119. In the *Auction No. 65 Comment Public Notice*, the Bureau proposed
     to establish minimum opening bids and an aggregate reserve price
     for Auction No. 65, and to retain the discretion to lower the
     minimum opening bids.[^127] Specifically, for Auction No. 65, the
     Bureau proposed to set minimum opening bids for each license and to
     establish a published aggregate reserve price for the entire band.
     Under the proposal for an aggregate reserve price, if the sum of
     the provisionally winning gross bids at the close of bidding did
     not meet or exceed the aggregate reserve price, the Commission
     would cancel the auction and no licenses would be awarded.

120. More specifically, for Auction No. 65, we proposed to set minimum
     opening bids on a license-by-license basis as follows:

  --------------- --------------------------- ----------------------------
  **Licenses**    **Bandwidth**               **Minimum Opening Bid**

  A and B         3 MHz (2 MHz shared)        \$1,500,000

  C and F         3 MHz                       \$2,800,000

  D and E         1 MHz                       \$200,000
  --------------- --------------------------- ----------------------------

121. We also proposed to establish a published reserve price of
     \$5,000,000 for the entire band.

122. In the alternative, the Bureau sought comment on whether,
     consistent with Section 309(j), the public interest would be served
     by having no minimum opening bid or reserve price.[^128]

123. Verizon Airfone filed comments supporting the Bureau's proposed
     minimum opening bids but opposing the use of a reserve price in
     Auction No. 65. According to Verizon Airfone, the Bureau has no
     historical data on which to base its proposed reserve price, and it
     should let the marketplace decide the value of the licenses being
     auctioned. Verizon Airfone further argues that if the Bureau deems
     a reserve price to be necessary, it should set reserve prices for
     each individual license rather than an aggregate reserve price for
     the band because one license is likely to be valued more highly
     than the other and a bidder for the more highly valued license
     could be responsible for a disproportionate amount of any aggregate
     reserve price.[^129]

124. We adopt our proposed minimum opening bids. The minimum opening bid
     amounts we adopt for Auction No. 65 are reducible at the discretion
     of the Bureau. We emphasize, however, that such discretion will be
     exercised, if at all, sparingly and early in the auction, *i.e.*,
     before bidders have used all of their activity waivers. During the
     course of the auction, the Bureau will not entertain requests to
     reduce the minimum opening bid amount on specific licenses.

125. We do not adopt our proposal for an aggregate reserve price. We
     recognize that, although a reserve price might be useful in meeting
     our obligation under Section 309(j)(3)(C) of the Communications Act
     to attempt to recover for the public a portion of the value of the
     spectrum,[^130] there are insufficient data to use to determine an
     appropriate reserve price for licenses to provide air-ground
     services. We therefore conclude that we should not establish a
     reserve price for this auction.

126. The minimum opening bid amounts for each license available in
     Auction No. 65 are set forth in Attachment A.

### Minimum Acceptable Bid Amounts and Bid Increment Amounts 

127. The minimum acceptable bid amount for a license will be equal to
     its minimum opening bid amount until the bids placed enable the FCC
     Auction System to calculate a higher "price" for the license. If
     such a "price" can be calculated, the minimum acceptable bid amount
     for the license will be determined in a two-step process:

> 1\. The FCC Auction System designates a "price" for each license. For
> licenses with provisionally winning bids, this price will be equal to
> the amount of the provisionally winning bid. For non-provisionally
> winning licenses, the price will be equal to the amount of the highest
> bid placed on the license by any non-provisionally winning
> bidder.[^131]
>
> []{.mark}
>
> 2\. The price is increased using the minimum acceptable bid percentage
> to determine the minimum acceptable bid.
>
> []{.mark}

128. Specifically, the minimum acceptable bid amount will be calculated
     by multiplying the license price times one plus the minimum
     acceptable bid percentage. For example, if the minimum acceptable
     bid percentage is 5 percent, the minimum acceptable bid amount will
     equal (license price) \* (1.05), rounded.

129. In the *Auction No. 65 Comment Public Notice*, we proposed to use a
     minimum acceptable bid percentage of 5 percent.[^132] We received
     no comment on this issue. We believe that a minimum acceptable bid
     percentage of 5 percent will permit bidders to express their values
     while allowing the auction to proceed at an appropriate pace. We
     therefore adopt our proposal, and we will begin the auction with a
     minimum acceptable bid percentage of 5 percent. We will round the
     result using our standard rounding procedures.[^133]

130. In each round, each eligible bidder will be able to place a bid on
     a particular license for which it applied in any of nine different
     amounts.[^134] The FCC Auction System will list the nine acceptable
     bid amounts for each license.[^135] These nine acceptable bid
     amounts consist of the minimum acceptable bid amount for the
     license and additional amounts calculated using the minimum
     acceptable bid amount and the bid increment percentage. The first
     additional acceptable bid amount equals the minimum acceptable bid
     amount times one plus the bid increment percentage, rounded. For
     example, if the bid increment percentage is 5 percent, the
     calculation is (minimum acceptable bid amount) \* (1 + 0.05),
     rounded, or (minimum acceptable bid amount) \* 1.05, 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) \* 1.10,
     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)
     \* 1.15, rounded; etc. Note that the bid increment percentage need
     not be the same as the minimum acceptable bid percentage.

131. In the *Auction No. 65 Comment Public Notice*, we proposed to use a
     bid increment percentage of 5 percent.[^136] We received no comment
     on this issue. We believe that a bid increment percentage of 5
     percent will give bidders the flexibility to speed up the pace of
     the auction, if appropriate. We therefore adopt our proposal, and
     we will begin the auction using a bid increment percentage of 5
     percent. We will round the results using our standard rounding
     procedures.[^137]

132. In the *Auction No. 65 Comment Public Notice*, we proposed to
     retain the discretion to change the minimum acceptable bid amounts,
     the minimum acceptable bid percentage, the bid increment
     percentage, and the number of acceptable bid amounts if we
     determine that circumstances so dictate.[^138] No comments were
     received on this issue. We adopt this proposal. Therefore, the
     Bureau retains the discretion to change the minimum acceptable bid
     amounts, the minimum acceptable bid percentage, the bid increment
     percentage, and the number of acceptable bid amounts if it
     determines that circumstances so dictate. The Bureau will do so by
     announcement in the FCC Auction System during the auction. The
     Bureau may also use its discretion to adjust the minimum bid
     increment amount without prior notice if circumstances warrant.

### Provisionally Winning Bids 

133. At the end of each bidding round, the FCC Auction System will
     determine the provisionally winning bids by considering all of the
     bids that have been placed in the auction. Subject to the
     restriction that a single bidder cannot have more than one
     provisionally winning bid, the system will determine which
     combinations of licenses, and hence, which band plan option, has
     the highest aggregate gross bid amount.[^139] The only licenses
     that can have provisionally winning bids are those of the band plan
     option with the highest gross bid; the licenses of the other band
     plan options will not have provisionally winning bids.

134. In the Auction *No. 65 Comment Public Notice*, the Bureau proposed
     to use a random number generator to select a single bid from among
     the tied gross bids, if a provisionally winning bid must be
     selected from among identical bids amounts submitted on a license
     in a given round (*i.e.*, tied bids).[^140] No comments were
     received on this proposal. Therefore, the Bureau adopts its
     proposal. A pseudo-random number generator based on the L'Ecuyer
     algorithms will be used to assign a random number to each
     bid.[^141] The tied gross bid with the highest random number wins
     the tiebreaker. The remaining bidders, as well as the provisionally
     winning bidder, can submit higher bids in subsequent rounds.
     However, if the auction were to end with no other bids being
     placed, the winning bidder would be the one that placed the
     selected provisionally winning bid.

135. Similarly, in the event of identical aggregate high gross bid
     amounts on more than one band plan (*i.e.*, tied band plans), the
     tie between band plans will be broken based on the random numbers
     of the corresponding bids. The tied band plan with the highest sum
     of random numbers will become the band plan for which there are
     provisionally winning bids.

136. A consequence of the mutually incompatible band configurations and
     the three megahertz eligibility restriction is that a bid that does
     not become a provisionally winning bid at the conclusion of the
     round in which it was placed may become a provisionally winning bid
     at the conclusion of a subsequent round. For example, assume that
     Bidder 1 places a bid on License A in round 1, and that the
     provisionally winning bids at the conclusion of round 1 are for
     Licenses C and D. If another bidder places a bid on License B in a
     later round that, together with Bidder 1's round 1 bid on License
     A, produces the highest aggregate gross bid amount on a band plan,
     then Bidder 1's round 1 bid on License A and the other bidder's
     later bid on License B would become the provisionally winning bids.
     This could happen after many intervening rounds even if Bidder 1 is
     no longer eligible to bid.[^142] Moreover, this could happen even
     if there are bids on License A that are higher than Bidder 1's
     because no bidder may win more than one license.

137. Bidders are reminded that provisionally winning bids count toward
     activity for purposes of the activity rule.[^143]

### Bidding

138. During a round, a bidder may submit bids for as many licenses as it
     wishes (providing that it is eligible to bid) or remove bids placed
     in the current bidding round. Bidders also have the option of
     submitting and removing multiple bids during a round. If a bidder
     submits multiple bids for a single license in the same round, the
     system takes the last bid entered as that bidder's bid for the
     round.

139. 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. 65. 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.

140. A bidder's ability to bid on specific licenses is determined by two
     factors: (1) the licenses applied for on the bidder's FCC Form 175
     and (2) the bidder's eligibility. The bid submission screens will
     allow bidders to submit bids on only those licenses for which the
     bidder applied on its FCC Form 175.

141. 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.

142. In each round, eligible bidders will be able to place bids on a
     given license in any of nine different amounts.[^144] For each
     license, the FCC Auction System will list the nine acceptable bid
     amounts in a drop-down box. [^145] 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.

143. Until a bid has been placed on a license, the minimum acceptable
     bid amount for that license will be equal to its minimum opening
     bid amount. Once there are bids on a license, minimum acceptable
     bids for a license will be determined as described in Section
     IV.B.3.

144. Finally, bidders are cautioned to select their bid amounts
     carefully because, as explained below, although bids can be removed
     before the round ends, **no withdrawals will be allowed in Auction
     No. 65**, even if a bid was mistakenly or erroneously made.

### Bid Removal and Bid Withdrawal 

145. In the *Auction No. 65 Comment Public Notice*, the Bureau proposed
     bid removal and bid withdrawal procedures.[^146] With respect to
     bid withdrawals, the Bureau proposed that bidders not be permitted,
     in any round, to withdraw bids made in previous rounds. We received
     no comments on this issue.

146. 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.[^147] In Auction
     No. 65, however, bidders may win only one license and therefore
     will not face risks of being unable to secure desired aggregations
     of licenses. In addition, we believe that given the small number of
     licenses in the auction and the nature of the licenses being
     offered, bidders will not need to use bid withdrawals to pursue
     backup strategies in the same way bidders may need to do in some
     auctions. Moreover, in previous auctions, we have observed
     instances in which bid withdrawals arguably may have been used for
     strategic, anticompetitive 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
     auctions.[^148] Therefore, the Bureau adopts its proposal.

147. With respect to bid removals during the course of a bidding round,
     the Bureau proposed that bidders have the option of removing any
     bid placed in a particular round before the close of that round. We
     believe that providing this option will enhance bidder flexibility
     during the auction, without creating the opportunities for
     anticompetitive behavior that can be associated with withdrawals of
     bids placed in previous rounds, and therefore we adopt the proposed
     procedures for Auction No. 65. Thus, 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. A bid that is removed does not
     count toward meeting the bidding activity rule. After a round
     closes, a bidder may no longer remove a bid.

### Round Results

148. Bids placed during a round will not be made public until the
     conclusion of that round. After a round closes, the Bureau will
     compile reports of all bids placed, current provisionally winning
     bids, new minimum acceptable bid amounts, and bidder eligibility
     status (bidding eligibility and activity rule waivers) and will
     post the reports for public access. Reports reflecting bidders'
     identities for Auction No. 65 will be available before and during
     the auction. Thus, bidders will know in advance of this auction the
     identities of the bidders against which they are bidding.

### Auction Announcements

149. The FCC will use auction announcements to announce items such as
     schedule changes. All FCC auction announcements will be available
     by clicking a link in the FCC Auction System.

### Maintaining the Accuracy of FCC Form 175 Information

150. As noted in Section II.I., after the short-form filing deadline,
     applicants may make only minor changes to their FCC Form 175
     applications, for example, deletion and addition of authorized
     bidders (to a maximum of three). Applicants must click on the
     **SUBMIT** button in the FCC Auction System for the changes to be
     submitted and considered by the Commission. In addition, applicants
     should 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>. The electronic mail summarizing the changes
     must include a subject or caption referring to Auction No. 65 and
     the name of the applicant. The Bureau requests that parties format
     any attachments to electronic mail as Adobe^®^ Acrobat^®^ (pdf) or
     Microsoft^®^ Word documents.

# POST-AUCTION PROCEDURES

## Down Payments 

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

152. 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. 65 to 20 percent of
     the net amount of its winning bid (gross bid less any applicable
     small business or very small business bidding credit).

## Final Payments

153. Each winning bidder will be required to submit the balance of the
     net amount of its winning bid within 10 business days after the
     deadline for submitting down payments.

## Long-Form Application (FCC Form 601)

154. Within ten business days after release of the auction closing
     notice, each winning bidder must electronically submit a properly
     completed long-form application (FCC Form 601) for the license it
     won through Auction No. 65. Winning bidders that are small
     businesses or very small businesses must demonstrate their
     eligibility for a small business or very small business bidding
     credit. See 47 C.F.R. § 1.2112(b). Further filing instructions will
     be provided to auction winners at the close of the auction.

## Ownership Disclosure Information Report (FCC Form 602) 

155. At the time it submits its long-form application (FCC Form 601),
     each winning bidder also must comply with the ownership reporting
     requirements as set forth in 47 C.F.R. §§ 1.913, 1.919, and 1.2112.
     An ownership disclosure record is automatically created in the
     Universal Licensing System (ULS) for any applicant that submits an
     FCC Form 175. However, winning bidders will be required to review
     and confirm that this information is complete and accurate as of
     the date of filing FCC Form 601. Further instructions will be
     provided to winning bidders at the close of the auction.

## Default and Disqualification

156. 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 a timely 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). In the *CSEA/Part 1 Report and Order*
     adopted January 24, 2006, the Commission modified its rules to
     provide that it will, as part of its determination of competitive
     bidding procedures in advance of each auction, establish the
     appropriate level, from 3 percent up to a maximum of 20 percent,
     for the additional payment component of default payments, which the
     previous rule fixed at 3 percent.[^149] The Commission adopted this
     rule modification after the release of the *Auction No. 65 Comment
     Public Notice*. Accordingly, the Bureau today is releasing a
     separate public notice seeking comment on the appropriate level of
     the additional payment component of default payments for Auction
     No. 65.

157. In the event of a default, the Commission may re-auction the
     license or offer it to the next highest bidder (in descending
     order) at its final bid amount.[^150] 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 held by
     the applicant.[^151]

## Refund of Remaining Upfront Payment Balance 

158. All applicants that submit upfront payments but that after the
     close of the auction are not winning bidders for a license in
     Auction No. 65 may be entitled to a refund of their remaining
     upfront payment balance after the conclusion of the auction. 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.

159. Bidders that drop out of the auction completely may be eligible for
     a refund of their upfront payments before the close of the auction.
     As discussed above, a bid that does not become a provisionally
     winning bid at the conclusion of the round in which it was placed
     may become a provisionally winning bid at the conclusion of a
     subsequent round. Consequently, any applicant that places a bid may
     become a provisionally winning bidder before the close of the
     auction, even if the bidder is no longer eligible to place new
     bids. Only bidders that have placed no bids during the course of
     the auction and have lost all eligibility may be considered to have
     dropped out of the auction completely. Such bidders seeking a
     refund 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
     must also 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

160. Bidders are encouraged to file their refund information
     electronically using the **Refund Information** 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 may also 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.

161. **Media Contact:**

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

162. **Auctions and Spectrum Access Division:**

     For legal questions: Brian Carter at (202) 418-0660

     For general auction questions: Jeff Crooks at (202) 418-0660 or
     Barbara Sibert at (717) 338-2888

163. **Mobility Division:**

     For legal questions: Erin McGrath or Richard Arsenault at (202)
     418-0620

     For technical questions: Jay Jackson or Moslem Sawez at (202)
     418-0620

164. 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).

# Attachment A

**DA 06-299**

Auction No. 65 - 800 MHz Air-Ground Radiotelephone Service

  -------- ------------- -------------- ----------- ------------- --------------- --------------- ------------ -------------- --------------
  **Band   **License**   **Geographic   **Market\   **License\    **Frequencies   **Bandwidth**   **Bidding\   **Upfront\     **Minimum\
  Plan**                 Area Type**    Number**    Number**      (MHz)**                         Units**^2^   Payment**^2^   Opening Bid**

  1        A             Nationwide     NWA255      CJ-NWA255-A   849.0-850.5 /   3 MHz\          100,000      \$100,000       \$1,500,000
                                                                  894.0-895.5     (2 MHz                                      
                                                                                  Shared)^1^                                  

           B             Nationwide     NWA255      CJ-NWA255-B   Initial\        3 MHz\          100,000      \$100,000       \$1,500,000
                                                                  849.0-850.5 /   (2 MHz Shared)                              
                                                                  894.0-895.5\    ^1^                                         
                                                                  After Clearing\                                             
                                                                  849.5-851.0 /                                               
                                                                  894.5-896.0                                                 

  2        C             Nationwide     NWA255      CJ-NWA255-C   849.0-850.5 /   3 MHz           100,000      \$100,000       \$2,800,000
                                                                  894.0-895.5                                                 

           D             Nationwide     NWA255      CJ-NWA255-D   850.5-851.0 /   1 MHz           100,000      \$100,000       \$200,000
                                                                  895.5-896.0                                                 

  3        E             Nationwide     NWA255      CJ-NWA255-E   849.0-849.5 /   1 MHz           100,000      \$100,000       \$200,000
                                                                  894.0-894.5                                                 

           F             Nationwide     NWA255      CJ-NWA255-F   849.5-851.0 /   3 MHz           100,000      \$100,000       \$2,800,000
                                                                  894.5-896.0                                                 
  -------- ------------- -------------- ----------- ------------- --------------- --------------- ------------ -------------- --------------

> ^1^ Licenses A and B would authorize transmission of radio waves that
> are vertically and horizontally polarized, respectively, and would
> initially share 3.0 MHz: 1.5 MHz at 849.0-850.5 MHz paired with 1.5
> MHz at 894.0-895.5 MHz. Once Verizon Airfone Inc.'s incumbent system
> ceases operations in the upper 0.5 MHz of each band, the License B
> licensee would shift its operations to 1.5 MHz at 849.5-851.0 MHz
> paired with 1.5 MHz at 894.5-896.0 MHz, and the licensees for Licenses
> A and B would share 2.0 MHz.
>
> ^2^ As described in Section III.D.3. "Upfront Payments and Bidding
> Eligibility," under the proposed bidding procedures, bidders will not
> need more than 100,000 bidding units of eligibility.

# Attachment B

**FCC AUCTION NO. 65**

**SEMINAR REGISTRATION FORM**

The FCC will sponsor a one-day seminar for Auction No. 65 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:

Tuesday, March 14, 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, March 13, 2006,

by facsimile to:

FCC Auction 65

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. 65 web page,
[http://wireless.fcc.gov/auctions/65/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=65/).
For further information about accessing FCC webcasts, please visit
<http://www.fcc.gov/realaudio/>.

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

I/We will attend the Auction No. 65 Seminar, scheduled for Tuesday,
March 14, 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 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, March 24, 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 license 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).
>
> Other browsers are not supported.

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

> Currently, the Apple® Mac OS® is not supported.

## 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 an 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.[^152] Pursuant to Section
1.2105(a), FCC Form 175 must be submitted electronically. The screens
comprising FCC Form 175 consist of five series, each requesting five
separate types of information: 1) *Applicant Information*; 2) *License
Selection*; 3) *Agreements*; 4) *Ownership*; and 5) *Certify and
Submit*. In addition, *Summary* screens, a sixth 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

• 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

• whether the applicant claims eligibility for certain types of bidding
credits and the amount claimed.[^153]

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. 65 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.

### License Selection

The *License Selection* screens make up the second series of screens in
FCC Form 175. In the *License Selection* screens, the applicant will
identify the licenses on which the applicant may wish to bid during the
auction. Applicants are not obligated to bid on all licenses selected;
however, applicants will not be able to bid on licenses that they have
not selected on the FCC Form 175.[^154] Be advised that there is no
opportunity to change this list once the short-form filing deadline
passes on March 24, 2006.

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

The first *License Selection* screen, the *Select Licenses* screen,
contains two lists: 1) a list (on the left) of all licenses on which the
applicant may be eligible to bid ("Eligible Licenses"); and 2) a list
(on the right) of all licenses selected by the applicant ("Selected
Licenses"). Applicants select licenses by: 1) highlighting the licenses
to be selected in the Eligible Licenses list; and then 2) clicking on
the **ADD** button to move those licenses to the Selected Licenses list.
Applicants can click on the **ADD** button multiple times, so applicants
do not need to highlight all the licenses in which they are interested
before clicking on the **ADD** button. The online FCC Form 175
application provides filters that enable you to generate a list of
licenses. Once you obtain this customized list, you can use it to select
the licenses you are interested in.

Licenses can be removed from the list of Selected Licenses by: 1)
highlighting the unwanted licenses in Selected Licenses; 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 licenses before clicking on the **REMOVE** button.

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

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

### Agreements

The *Agreements* screens are the third 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.[^155]

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 licenses 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 fourth 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.[^156] 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.[^157] In addition, if the applicant has claimed
eligibility for bidding credits based on revenues attributable to the
applicant and related parties, the applicant will provide information
regarding revenues in the *Ownership* screens.

#### Information Already On File with the Commission

Some applicants may have previously filed FCC Form 602 disclosing
ownership information in connection with wireless services. To simplify
filling out Form 175, an applicant's most current FCC Form 602 ownership
information on file with the Commission, if in an electronic format
compatible with FCC Form 175, automatically will 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.

Each applicant is 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.**[^158]

**• 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.**[^159]

For an applicant not claiming eligibility for a bidding credit based on
revenues, 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](http://wireless.fcc.gov/auctions/default.htm?job=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,[^160] 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.[^161] 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%. In other
    cases, *e.g.*, directors and officers of an entity seeking
    revenue-based bidding credits,[^162] a disclosable interest holder
    may have a 0% percent of interest held in the applicant.

-   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 three groups:

-   Disclosable Interest Holders of this Applicant

-   FCC Regulated Businesses of this Applicant

-   Affiliates of this Applicant

To view the detailed information submitted regarding the applicant, a
disclosable interest holder, FCC-regulated business, or an affiliate,
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.

#### Bidding Credit Revenue Information

If the applicant has claimed eligibility for a bidding credit based on
revenues attributable to the applicant and related parties, the first
*Ownership* screen will request relevant information regarding the
applicant's revenues. The subsequent screen will request which of the
two sources of financial information authorized by Section 1.2110 (n)
the applicant used for the revenue information.[^163]

Applicants claiming eligibility for a bidding credit based on revenues
are required to provide revenue information separately and in the
aggregate for the applicant, its affiliates, its controlling interests,
and affiliates of its controlling interests. In addition, if the
applicant is a consortium of small businesses, the information must be
provided with respect to each member comprising the consortium.[^164]
The Commission's definition of an affiliate of the applicant encompasses
both controlling interests of the applicant and affiliates of
controlling interests of the applicant.[^165] Form 175 screens request
information regarding the applicant, disclosable interest holders, and
affiliates of the applicant. Accordingly, information that Commission
rules require be disclosed regarding controlling interests and
affiliates of controlling interests that are not disclosable interest
holders should be disclosed in screens requesting information regarding
affiliates of the applicant.

Following the first two screens, the subsequent screen will be similar
to the initial *Ownership* screen described above, with one addition. In
addition to being able to add disclosable interest holders and
FCC-regulated business, applicants that claim eligibility for bidding
credits based on revenues also will have an option to add information
regarding affiliates, including their revenues, that are not disclosable
interest holders.[^166]

Applicants that claim eligibility based on revenues attributable to the
applicant and related parties will be requested to provide revenue
information for each disclosable interest holder. With respect to
disclosable interest holders that are affiliates or controlling
interests of the applicant, applicants will fill out two screens similar
to the two described above with respect to the applicant, *i.e.*, one
screen requesting the relevant information and a second screen regarding
the source of the revenue information.

However, not all disclosable interest holders that must be listed in
Form 175 pursuant to Section 1.2112(a) are affiliates of the applicant,
controlling interests of the applicant, or affiliates of the applicant's
controlling interests.[^167] Consequently, applicants claiming
eligibility for a bidding credit based on revenues may not need to
provide revenue information for every disclosable interest holder.
Accordingly, applicants may indicate that no revenue information is
required with respect to the relevant disclosable interest holder on the
first screen requesting revenue information for that disclosable
interest holder. To do so, check the box indicating that the disclosable
interest holder is **not** an affiliate or a controlling interest within
the meaning of the Commission's rules and, therefore, no revenue
information for the disclosable interest holder will be provided.

In addition, an applicant may have affiliates that are not disclosable
interest holders. To disclose information regarding such affiliates and
their revenues required pursuant to Commission rule,[^168] applicants
can click on the **ADD AFFILIATE** button on the initial *Ownership*
screen. Applicants also can click on the **Add Affiliate to Applicant**
link on the *View/Edit Ownership Disclosure Information* screen to
disclose information regarding affiliates and their revenues.

Applicants providing information regarding an affiliate must provide the
name of the affiliate and the affiliate's principal business. To
simplify filling out Form 175, applicants can click on the **select
business(es) already submitted** link when entering an affiliate that
previously was entered as an FCC-regulated business for the applicant or
a Disclosable Interest Holder. Applicants will fill out two screens
similar to the two described above with respect to the affiliate,
*i.e.*, one screen requesting the relevant information and a second
screen regarding the source of the revenue information.

Finally, applicants claiming eligibility for bidding credits based on
revenues attributable to the applicant and related parties will be asked
to confirm that they have provided information with respect to all of
the relevant parties, *i.e.*, the applicant; each of the applicant's
officers and directors; each of the applicant's other controlling
interests; each of the applicant's affiliates; and for each affiliate of
the applicant's controlling interests, including its officers and
directors.[^169]

### Summary

The *Summary* screens are the fifth 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 four 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 License Selection takes you to the
    *View/Edit License Selection* screen discussed above in the License
    Selection 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 sixth 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.[^170]

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 license or have ever been delinquent on any non-tax debt
owed to any Federal agency.[^171] 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.[^172]

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.[^173]

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.[^174] 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, March 24, 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 March 24,
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 license selections, change the
certifying official, change control of the applicant, or increase its
bidding credit).[^175]

### 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.

[]{.mark}

# 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. 65.
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 "358425".
>
> 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 "A65U".
>
> 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 "65" (indicating Auction No. 65).

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.

# ATTACHMENT E 

**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 11,363
(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/).

#  {#section-1 .unnumbered}

[^1]: The spectrum consists of an uplink band at 849-851 MHz and a
    downlink band at 894-896 MHz. 47 C.F.R. § 22.857.

[^2]: 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 (rel. December 9, 2005) ("*Air-Ground Reconsideration Order
    and R&O*"); 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 (2005) ("*Air-Ground Order*").

[^3]: 47 U.S.C. § 309(j)(3)(E)(i) (requiring the Commission to "ensure
    that, in the scheduling of any competitive bidding under this
    subsection, an adequate period is allowed ... before issuance of
    bidding rules, to permit notice and comment on proposed auction
    procedures...."). *See also* 47 U.S.C. § 309(j)(4)(F) (authorizing
    the Commission to establish a reserve price or minimum opening bid);
    47 C.F.R. § 1.2104(c) and (d).

[^4]: "Auction of 800 MHz Air-Ground Radiotelephone Service Licenses
    Scheduled for May 10, 2006; Comment Sought on Reserve Prices or
    Minimum Opening Bids and Other Procedures for Auction No. 65,"
    *Public Notice*, DA 06-3 (rel. January 10, 2006) ("*Auction No. 65
    Comment Public Notice*") (70 Fed. Reg. 3513) (January 23, 2006).

[^5]: *Air-Ground Order,* 20 FCC Rcd at 4405-06 ¶ 1, 4418-22 ¶¶ 24-32.

[^6]: *Id.* at 4464-67 ¶¶ 169-77.

[^7]: *See supra* note 2.

[^8]: *See Air-Ground Order*, 20 FCC Rcd at 4431 ¶¶ 52-53; *Air-Ground
    Reconsideration Order and R&O* at ¶¶ 5-7.

[^9]: Licenses A and B would authorize transmission of radio waves that
    are vertically and horizontally polarized, respectively, and would
    initially share 3.0 MHz: 1.5 MHz at 849.0-850.5 MHz paired with 1.5
    MHz at 894.0-895.5 MHz. Once Verizon Airfone Inc.'s ("Verizon
    Airfone" or "Airfone") incumbent system ceases operations in the
    upper 0.5 MHz of each band, the License B licensee would shift its
    operations to 1.5 MHz at 849.5-851.0 MHz paired with 1.5 MHz at
    894.5-896.0 MHz, and the licensees for Licenses A and B would share
    2.0 MHz. *See infra* I.B.3. "Incumbent Licensee." However, licensees
    in Band Plan 1 would have the option of agreeing to a different
    implementation scheme, subject to the service rules. *See infra*
    I.B.5. "Spectrum Sharing Plan."

[^10]: License C would be located in the lower 1.5 MHz portion of each 2
    MHz band (1.5 MHz at 849.0-850.5 MHz paired with 1.5 MHz at
    894.0-895.5 MHz). License D would be located in 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).

[^11]: License E would be located in 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). License F would be located in the upper 1.5 MHz
    portion of each 2 MHz band (1.5 MHz at 849.5-851.0 MHz paired with
    1.5 MHz at 894.5-896.0 MHz).

[^12]: Gross bids for the licenses, rather than net bids adjusted for
    bidding credits, will be used to determine the band plan with the
    highest aggregate bid.

[^13]: *See Air-Ground Order,* 20 FCC Rcd at 4426-27 ¶¶ 43-44.

[^14]: *See*, *e.g*., Implementation of the Commercial Spectrum
    Enhancement Act and Modernization of the Commission's Competitive
    Bidding Rules and Procedures, WT Docket No. 05-211, *Report and
    Order,* FCC 06-4 (rel. January 24, 2006) ("*CSEA/Part 1 Report and
    Order*"); Amendment of Part 1 of the Commission\'s Rules --
    Competitive Bidding Procedures, WT Docket No. 97-82, *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) ("*Order on Reconsideration of the Part 1 Fifth Report and
    Order*"). The Commission has recently released Implementation of the
    Commercial Spectrum Enhancement Act and Modernization of the
    Commission's Competitive Bidding Rules and Procedures, WT Docket No.
    05-211, *Further Notice of Proposed Rule Making,* FCC 06-8 (rel.
    February 3, 2006), in which it considers whether to modify its
    general competitive bidding rules governing benefits reserved for
    designated entities (i.e., small businesses, rural telephone
    companies, and businesses owned by women and minorities)
    ("*CSEA/Part 1 Designated Entity FNPRM*").

[^15]: *See*, *e.g.*, Amendment of Part 1 of the Commission's Rules ---
    Competitive Bidding Procedures, *Second Report and Order,* 9 FCC Rcd
    2348 (1994) *("Competitive Bidding Second Report and Order")*;
    Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Procedures, *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) (modified by Erratum,
    DA 00-2475 (rel. Nov. 3, 2000)) ("*Part 1 Fifth Report and Order*");
    Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Procedures, *Seventh Report and Order*, 16 FCC Rcd 17546
    (2001) ("*Part 1 Seventh Report and Order*") (amending the
    anti-collusion rule, which is codified at 47 C.F.R. §1.2105(c));
    Amendment of Part 1 of the Commission's Rules --- Competitive
    Bidding Procedures, *Eighth Report and Order*, 17 FCC Rcd 2962
    (2002) (amending Section 1.2110 of the Commission's rules); *Second
    Order on Reconsideration of the Fifth Report and Order*, 20 FCC Rcd
    1942 (2005) *("Second Order on Reconsideration of the Fifth Report
    and Order")* (further amending Section 1.2110 to exempt the gross
    revenues of the affiliates of a rural telephone cooperative's
    officers and directors from attribution to the applicant and
    adopting other modifications to the competitive bidding rules);
    *CSEA/Part 1 Report and Order*.

[^16]: When ordering documents from BCPI, please provide the appropriate
    FCC document number (for example, DA 06-3 for the *Auction No. 65
    Comment Public Notice,* and DA 06-299 for this public notice).

[^17]: 47 C.F.R. § 1.2105(c)(1); 47 C.F.R. § 1.2105(a)(2)(viii). *See
    also* *Part 1 Seventh Report and Order,* 16 FCC Rcd at 17548-50 ¶¶
    4-8; *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15297-98 ¶¶ 7-8.

[^18]: *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).

[^19]: 47 C.F.R. § 1.2105(c)(1).

[^20]: *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, Counsel for Noverr Publishing, Inc., from
    Margaret W. Wiener, Chief, Auctions and Industry Analysis Division,
    16 FCC Rcd 10080 (WTB 2000) (declining to except 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).

[^21]: 47 C.F.R. § 1.2105(c)(7)(i).

[^22]: *Part 1 Seventh Report and Order*, 16 FCC Rcd at 17549-50 ¶ 6.

[^23]: *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) *("Nevada Wireless
    MO&O")*.

[^24]: *Id*.

[^25]: *See, e.g*., Letter to Colby M. May, TCCSA, Inc., d/b/a Trinity
    Broadcasting Network, 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 (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).

[^26]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public* Notice DA 95-2244, 11 FCC
    Rcd 9645 (1995).

[^27]: *Nevada Wireless MO&O,* 13 FCC Rcd at 11978 ¶ 13.

[^28]: 47 C.F.R. § 1.65.

[^29]: 47 C.F.R. § 1.2105(c)(6); *see also* *Part 1 Seventh Report and
    Order*, 16 FCC Rcd at 17555 ¶ 17.

[^30]: 47 C.F.R. § 1.2107(d).

[^31]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^32]: 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).

[^33]: *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).

[^34]: *See* 47 C.F.R. § 1.2109(d); *see also* *Competitive Bidding
    Second Report and Order*, 9 FCC Rcd at 2388 ¶ 226.

[^35]: [http://wireless.fcc.gov/auctions/anticollusion](http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion).

[^36]: *Air-Ground Order,* 20 FCC Rcd at 4440-41 ¶¶ 80-81.

[^37]: *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.

[^38]: *Air-Ground Reconsideration Order and R&O* at ¶ 21.

[^39]: "Wireless Telecommunications Bureau Adopts Reporting Requirements
    Regarding Verizon Airfone Inc., Call Sign KNKG804," *Public Notice*,
    DA 06-294 (rel. February 6, 2006).

[^40]: 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.

[^41]: *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.*

[^42]: *Report and Order, Fifth Report and Order, Fourth Memorandum
    Opinion and Order, and Order*, 19 FCC Rcd 14969, 15029-30 ¶¶105-107
    (2004) (subsequent history omitted) (to be codified at 47 C.F.R. §§
    22.970(b) and 90.672) *("800 MHz Order").*

[^43]: *See* "Arrangement Between the Department of Communications of
    Canada and the Federal Communications Commission of the United
    States of America Concerning the Use of the Bands 849-851 and
    894-896 MHz," signed August 18, 1992 (U.S.A.) and August 28, 1992
    (Canada), Section 4. *See also* "Protocol Concerning the Use of the
    849-851 and 894-896 MHz Bands for Public Air-To-Ground Radio
    Service," signed June 16, 1994, by the Government of the United
    States and the Government of Mexico, Article IV.

[^44]: *See* 47 C.F.R. § 1.924.

[^45]: *See id.*

[^46]: *See Air-Ground Order,* 20 FCC Rcd at 4422-23 ¶ 34.

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

[^48]: 47 C.F.R. §§ 1.1305-1.1319.

[^49]: *Auction No. 65 Comment Public Notice* at 1.

[^50]: For additional information regarding the FCC's Integrated
    Spectrum Auction System, including sample screen shots, visit the
    "About ISAS" web page at
    [http://wireless.fcc.gov/auctions/about_isas](http://wireless.fcc.gov/auctions/default.htm?job=about_isas).

[^51]: *See* 47 C.F.R. § 1.2105.

[^52]: *See* *id.; Competitive Bidding Second Report and Order,* 9 FCC
    Rcd at 2376 ¶ 163.

[^53]: *See infra* Section III.D. "Upfront Payments --- Due April 17,
    2006."

[^54]: *See* 47 C.F.R. § 1.2107.

[^55]: *See* 47 C.F.R. § 1.2105(a)(2)(v).

[^56]: *Air-Ground Reconsideration Order and R&O* at ¶¶ 28-42; 47 C.F.R.
    § 1.2110(f)(2)(iii). *See infra* Section II.E. "Bidding Credit
    Revenue Disclosures" regarding the attribution of revenues to
    applicants.

[^57]: *Air-Ground Reconsideration Order and R&O* at ¶¶ 28-42; 47 C.F.R.
    § 1.2110(f)(2)(ii). *See infra* Section II.E. "Bidding Credit
    Revenue Disclosures" regarding the attribution of revenues to
    applicants.

[^58]: 47 C.F.R. §§ 1.2105, 1.2110(b)(1)(i). *See infra* Section II.E.
    "Bidding Credit Revenue Disclosures" and Attachment C.

[^59]: *CSEA/Part 1 Designated Entity FNPRM,* FCC 06-8 (rel. February 3,
    2006), at ¶¶ 1, 11.

[^60]: *Id.*, ¶¶ 1, 19.

[^61]: *Id.*, ¶ 21.

[^62]: *Id.*, ¶ 21, n.54.

[^63]: Extending Wireless Telecommunications Services to Tribal Lands,
    WT Docket No. 99-266, *Third Report and Order,* 19 FCC Rcd 17652,
    17652 ¶ 1 (2004); Extending Wireless Telecommunications Services to
    Tribal Lands, WT Docket No. 99-266, *Report and Order and Further
    Notice of Proposed Rule Making,* 15 FCC Rcd 11794, 11796 ¶ 1 (2000).

[^64]: *See Air-Ground Order*, 20 FCC Rcd at 4431 ¶¶ 52-53; *Air-Ground
    Reconsideration Order and R&O* at ¶¶ 5-7.

[^65]: 47 C.F.R. § 1.2105(b)(2).

[^66]: 47 C.F.R. § 1.2105(a)(2)(viii), (c)(1).

[^67]: 47 C.F.R*.* § 1.2105(a)(2)(ix).

[^68]: *See supra* Section I.B.2 "Prohibition of Collusion."

[^69]: 47 C.F.R. § 1.2105(c)(4)(i), (ii).

[^70]: *See supra* Section I.B.2 "Prohibition of Collusion."

[^71]: 47 C.F.R. § 1.2105 requires the disclosure on the short-form of
    the applicant's ownership information as set forth in 47 C.F.R. §
    1.2112.

[^72]: 47 C.F.R. § 1.2110(b); *see also Part 1 Fifth Report and Order*,
    15 FCC Rcd at 15323-27, ¶¶ 59-67.

[^73]: 47 C.F.R. § 1.2110(b).

[^74]: The recently adopted *CSEA/Part 1 Report and Order* will modify
    the procedure by which a consortium that is a winning bidder will
    apply for a license. *See CSEA/Part 1 Report and Order* at ¶¶ 51-52.
    Applicants applying as consortia should review the *CSEA/Part 1
    Report and Order* to understand how the members of the consortia
    will apply for a license in the event they are winning bidders.

[^75]: For further guidance on the issue of *de facto* control, see the
    Commission's affiliation rule at 47 C.F.R. §1.2110(b)(5); *see also
    Intermountain Microwave*, 12 FCC 2d. 559, 560 (1963), and
    Application of Baker Creek Communications, L.P., for Authority to
    Construct and Operate Local Multipoint Distribution Services in
    Multiple Basic Trading Areas, *Memorandum Opinion and Order,* 13 FCC
    Rcd 18709 (1998).

[^76]: *See* 47 C.F.R. § 1.2110(c)(2).

[^77]: *See* 47 C.F.R. § 1.2110(c)(2)(ii)(F).

[^78]: *Order on Reconsideration of the Part 1 Fifth Report and Order,*
    18 FCC Rcd at 10186-194 ¶¶ 10-18; *Second Order on Reconsideration
    of the Fifth Report and Order*, 20 FCC Rcd at 1945-46 ¶ 9.

[^79]: *Order on Reconsideration of the Part 1 Fifth Report and Order,*
    18 FCC Rcd at 10185-186 ¶¶ 8-9. However, to the extent that the
    officers and directors of the applicant are controlling interest
    holders of other entities, the gross revenues of those entities will
    be attributed to the applicant.

[^80]: 47 C.F.R. § 1.2110(c)(6).

[^81]: *Air-Ground Reconsideration Order and R&O* at ¶ 33.

[^82]: 47 C.F.R. § 1.2110(b)(3)(i).

[^83]: The recently adopted *CSEA/Part 1 Report and Order* will modify
    the procedure by which a consortium that is a winning bidder will
    apply for a license. *See CSEA/Part 1 Report and Order* at ¶¶ 51-52.
    Applicants applying as consortia should review the *CSEA/Part 1
    Report and Order* to understand how the members of the consortia
    will apply for a license in the event they are winning bidders.

[^84]: 47 C.F.R. § 1.2110.

[^85]: 47 C.F.R. § 1.2105(a)(2)(xi); *Part 1 Fifth Report and Order,* 15
    FCC Rcd at 15317 ¶ 42 and n. 142.

[^86]: 47 C.F.R. § 1.2105(a)(2)(x); *Part 1 Fifth Report and Order,* 15
    FCC Rcd at 15317 ¶ 42.

[^87]: 47 C.F.R. § 1.2106(a).

[^88]: 47 C.F.R. § 1.2105(b)(1); 47 C.F.R. § 1.2105(a)(2)(x); *see Part
    1 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 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.")

[^89]: *See* "WTB Reminds Prospective Broadband PCS Spectrum Auction
    Applicants of Default and Delinquency Disclosure Requirements,"
    *Public Notice*, 19 FCC Rcd 21920 (WTB 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).

[^90]: *See* Letter to Cheryl A. Tritt, Esq., Morrison and Foerster,
    LLP, from Margaret Wiener, Chief, Auctions and Spectrum Access
    Division, 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).

[^91]: Even where Commission rules expressly permit 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.

[^92]: 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)) *("Debt Collection Report and Order")*.

[^93]: *Debt Collection Report and Order*, 19 FCC Rcd at 6541 n.11.
    Footnote 11 specifically mentions 47 C.F.R. § 1.2105(a)(2)(x) and
    (xi).

[^94]: *See* *Auction Default Disclosure Public Notice*, 19 FCC Rcd at
    21920 (addressing relationship between Commission's Red Light
    Display System and FCC Form 175 default and delinquency disclosure
    requirements for auction applicants).

[^95]: *See Debt Collection Report and Order*, 19 FCC Rcd 6540. *See*
    *also* 47 C.F.R. § 1.1112.

[^96]: 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).

[^97]: 47 C.F.R. § 1.2110(c)(3).

[^98]: Designated entities are defined as small businesses, businesses
    owned by members of minority groups and/or women, and rural
    telephone companies. 47 C.F.R. § 1.2110(a).

[^99]: *See* 47 C.F.R. § 1.2105(b).

[^100]: *See* 47 C.F.R. § 1.917.

[^101]: 47 C.F.R. § 1.65.

[^102]: *See* 47 C.F.R. § 1.2105(b)(2).

[^103]: 47 C.F.R. § 12105(a).

[^104]: *See infra* Section III.D "Upfront Payments --- Due April 17,
    2006."

[^105]: 47 C.F.R. § 1.2105(b); *see also* Two Way Radio of Carolina,
    Inc., *Memorandum Opinion and Order*, 14 FCC Rcd 12035 (1999).

[^106]: *See* Letter to Patrick Shannon, Counsel for Lynch 3G
    Communications Corp., from Margaret W. Wiener, Chief, Auctions and
    Industry Analysis Division, 18 FCC Rcd 11552 (WTB 2003).

[^107]: 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*").

[^108]: *Part 1 Fifth Report and Order*, 15 FCC Rcd at 15316-17 ¶¶
    40-42; 47 C.F.R. § 1.2106(a). *See supra* II.F. "Provisions
    Regarding Former and Current Defaulters."

[^109]: 47 C.F.R. § 1.2110(c).

[^110]: *Auction No. 65 Comment Public Notice* at 6. In contrast to the
    Bureau's procedures in many auctions, the minimum opening bid
    amounts for licenses in Auction No. 65 will not be determined by the
    number of bidding units per license. *See infra* IV.B.2. "Reserve
    Price or Minimum Opening Bid."

[^111]: *Auction No. 65 Comment Public Notice* at 6.

[^112]: *See supra* II.F. "Provisions Regarding Former and Current
    Defaulters."

[^113]: 47 C.F.R. § 1.2106(a).

[^114]: 47 C.F.R. § 1.1910.

[^115]: *Auction No. 65 Comment Public Notice* at 4.

[^116]: As also explained above, 100,000 bidding units of eligibility
    will permit bidders to be active on more than one license in a given
    round, although no bidder will be permitted to win more than a
    single license. *See supra* Section III.D.3. "Upfront Payments and
    Bidding Eligibility."

[^117]: *Auction No. 65 Comment Public Notice* at 7. The activity rules
    in most FCC auctions require that bidders be active on a certain
    percentage of their eligibility, and the required percentage
    increases one or more times during the auction in a series of
    stages. The requirement we proposed for Auction No. 65 corresponds
    to a single stage auction with a 100 percent activity requirement.

[^118]: *See infra* IV.B.4. "Provisionally Winning Bids"; IV.B.3.
    "Minimum Acceptable Bid Amounts and Bid Increment Amounts."

[^119]: *Auction No. 65 Comment Public Notice* at 7-8.

[^120]: *Id*. at 5-6.

[^121]: *Id*.

[^122]: *Id.* at 6.

[^123]: 47 U.S.C. § 309(j)(4)(F).

[^124]: *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) ("*Part 1 Third Report and Order*").

[^125]: *Id*.

[^126]: *Id*.

[^127]: *Auction No. 65 Comment Public Notice* at 8-9.

[^128]: *Id.* at 9.

[^129]: Verizon Airfone Comments, filed January 31, 2006.

[^130]: 47 C.F.R. § 309(j)(3)(C).

[^131]: If the only bid placed on a non-provisionally winning license
    was placed by a bidder holding a provisionally winning bid on a
    different license, a "price" cannot be calculated and the minimum
    acceptable bid is the minimum opening bid, as described above.

[^132]: *Auction No. 65 Comment Public Notice* at 10.

[^133]: Under our standard rounding procedures, results are rounded as
    follows: 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.

[^134]: Bidders must have sufficient eligibility to bid in the auction.
    *See* *supra* Section III.D.3 "Upfront Payments and Bidding
    Eligibility."

[^135]: 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 license.

[^136]: *Auction No. 65 Comment Public Notice* at 10.

[^137]: Under our standard rounding procedures, results are rounded as
    follows: 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.

[^138]: *Auction No. 65 Comment Public Notice* at 10.

[^139]: In determining the provisionally winning bids, the system will
    not consider combinations of bids in which the same bidder placed a
    bid for both licenses in a band plan. It will consider those bids in
    combination with the bids of other bidders, however, even if the
    bids of other bidders were placed in previous rounds. For example,
    if Bidder 1 places bids on both licenses A and B, the system will
    consider Bidder 1's bid on A combined with bids on B placed by other
    bidders, and Bidder 1's bid on B combined with bids on A placed by
    other bidders.

[^140]: *Auction No. 65 Comment Public Notice* at 10.

[^141]: 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>.

[^142]: A bidder will not have its bidding eligibility restored if it
    has lost eligibility but in a later round has a bid (placed
    previously) become a provisionally winning bid. In other words,
    while holding a provisionally winning bid allows a bidder to
    maintain bidding eligibility, holding a provisionally winning bid
    does not restore bidding eligibility that has been lost.
    Nevertheless, a bidder that has lost eligibility may win a license
    based on a bid placed prior to losing eligibility.

[^143]: *See supra* Section IV.A.2 "Activity Rules."

[^144]: Bidders must have sufficient eligibility to bid in the auction.
    *See* *supra* Section III.D.3 "Upfront Payments and Bidding
    Eligibility" regarding bidding eligibility and Section IV.B.3.
    "Minimum Acceptable Bid Amounts and Bid Increment Amounts" regarding
    the nine acceptable bid amounts for each license.

[^145]: 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 license.

[^146]: *Auction No. 65 Comment Public Notice* at 11.

[^147]: *Part 1 Third Report and Order*, 13 FCC Rcd at 459-60 ¶ 150.

[^148]: For example, 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).

[^149]: *CSEA/Part 1 Report and Order* at ¶ 31. Other changes adopted in
    the *CSEA/Part 1 Report and Order* do not affect procedures in
    Auction No. 65, *e.g.*, changes regarding interim withdrawal
    payments or tribal land bidding credits, or do not require
    additional public comment prior to application, *e.g.*, changes
    regarding license application by winning consortia. *See generally*
    *CSEA/Part 1 Report and Order* at ¶ 2 (summarizing changes).

[^150]: *See* 47 C.F.R. § 1.2109(b) and (c).

[^151]: 47 C.F.R. § 1.2109(d).

[^152]: *See generally*, 47 C.F.R. § 1.2105.

[^153]: *See generally*, 47 C.F.R. § 1.2105(a)(2)(ii)(A).

[^154]: *See generally*, 47 C.F.R. § 1.2105(a)(2)(i).

[^155]: *See generally*, 47 C.F.R. § 1.2105(a)(2) (viii).

[^156]: *See generally*, 47 C.F.R. §§ 1.2105(a)(2)(ii)(B), 1.2110 and
    1.2112.

[^157]: *See* 47 C.F.R. § 1.2112.

[^158]: 47 C.F.R. § 1.2112(a). Section 1.2105 requires the disclosure on
    the short form of applicant ownership information set forth in
    Section 1.2112.

[^159]: 47 C.F.R. § 1.2112(a)(7).

[^160]: S*ee* 47 C.F.R. § 1.2112(a)(6).

[^161]: *Id*.

[^162]: S*ee* 47 C.F.R. § 1.2112(b)(1)(i).

[^163]: 47 C.F.R. § 1.2110(n).

[^164]: *See* 47 C.F.R. § 1.2112(b)(1)(iii).

[^165]: *See* 47 C.F.R. § 1.2110(c)(5).

[^166]: *See* 47 C.F.R. §1.2112(b)(1)(iii).

[^167]: *Compare* 47 C.F.R. 1.2110(c)(2) (definition of controlling
    interests) and (c)(5)(definition of affiliate) *with* 47 C.F.R.
    1.2112(a) (describing disclosable interest holders).

[^168]: *See* 47 C.F.R. § 1.2112(b)(1)(iii).

[^169]: *Id*.

[^170]: *See generally*, 47 C.F.R. § 1.2105(a)(2) (iv)-(vii) and
    (ix)-(xi).

[^171]: *See* 47 C.F.R. § 1.2105(a)(2)(xi).

[^172]: *See* 47 C.F.R. § 1.2106(a).

[^173]: *See* 47 C.F.R. § 1.917.

[^174]: *See* 47 C.F.R. § 1.2105(a)(2)(v).

[^175]: *See* 47 C.F.R. § 1.2105(b).