**PUBLIC NOTICE**![](media/image1.png){width="0.7388888888888889in"
height="0.7458333333333333in"}

**Federal Communications Commission** **News Media Information: (202)
418-0500**

**445 12^th^ Street, S.W. Internet:
[http://www.fcc.gov](http://www.fcc.gov/)**

# Washington, D.C. 20554 TTY: 1-888-835-5322

#######  DA 03-3781

####### November 26, 2003

**MULTICHANNEL VIDEO DISTRIBUTION AND DATA SERVICE SPECTRUM AUCTION**

###### Status of FCC Form 175 Applications to Participate in the Auction

**Report No. AUC-03-53-E (Auction No. 53)**

The Federal Communications Commission ("Commission") has received 27 FCC
Form 175 applications to participate in Auction No. 53 scheduled to
begin on Wednesday, January 14, 2004, for 214 Multichannel Video
Distribution and Data Service ("MVDDS") licenses. The applications have
been reviewed for completeness and compliance with the Commission's
rules, and have been classified into the categories listed below.

**[Application Categories:]{.underline}**

**ACCEPTED FOR
FILING\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.... 6
Applications**

**INCOMPLETE\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
21 Applications**

**Accepted:** Applications accepted for filing are listed alphabetically
in Attachment A. **These applicants will become qualified bidders upon
receipt of the required upfront payment due by 6:00 p.m. ET on December
8, 2003.**[^1] With respect to the FCC Form 175 applications, these
applicants need take no further action except as may be necessary to
maintain the accuracy of their applications.[^2] Attachment A also
includes FCC account numbers that were automatically created by the FCC
software system for each applicant and indicates the licenses selected
by each applicant on its FCC Form 175 filing.

**Incomplete:** Applications found to be incomplete are listed
alphabetically in Attachment B. Applicants whose FCC Form 175
applications have been deemed incomplete will receive overnight
correspondence indicating what information is required to make the
applications acceptable for filing. **These applicants may become
qualified bidders only if they: (1) make the required upfront payments
by 6:00 p.m. ET on Monday, December 8, 2003; and (2) resubmit their
applications by 6:00 p.m. ET on Monday, December 8, 2003, to correct the
deficiencies indicated.** Applicants also must maintain the accuracy of
their FCC Form 175 applications as required by the Commission's
rules.[^3] Applicants are advised that Attachment B includes FCC account
numbers that were automatically created by the FCC software system for
each applicant.

The filing window for resubmitting FCC Form 175 applications is now
open. Corrected applications must be filed no later than **6:00 p.m. ET
on Monday, December 8, 2003.** This will be the only opportunity to cure
FCC Form 175 defects; late resubmissions will not be accepted. In
addition, if an application remains incomplete or otherwise deficient
after the resubmission deadline has passed, the application will be
dismissed.

**Waiver Requests:** In Attachment B, the application denoted with an
asterisk (\*) has a pending waiver request. Final resolution of this
request will be released separately and may affect the applicant's
qualifications to participate in Auction No. 53 (either entirely or with
respect to particular licenses) or eligibility for a bidding credit.[^4]

### UPFRONT PAYMENT DEADLINE

Upfront payments and accompanying FCC Remittance Advice (FCC Form 159)
for Auction No. 53 are due in the proper account at Mellon Bank,
Pittsburgh, Pennsylvania, **no later than 6:00 p.m. ET on Monday,
December 8, 2003.** **In order to meet the Commission's upfront payment
deadline, an applicant's payment must be credited to the Commission's
account by the deadline.**[^5] **Payments must be made by wire transfer
in accordance with the instructions provided in the *Auction No. 53
Procedures Public Notice*.**[^6] No other payment method is acceptable
for this auction. Applicants are reminded to use their FCC Registration
Number ("FRN"), [not]{.underline} their FCC Account Numbers, on the FCC
Form 159. Applicants must fax a completed FCC Form 159 (revised February
2003) to Mellon Bank at (412) 209-6045 at least one hour before placing
the order for the wire transfer (but on the same business day).

**Applicants that have filed applications deemed to be incomplete, as
noted in this public notice, must submit timely and sufficient upfront
payments before the Commission will review their submitted
applications**. **If no upfront payment is made or the application
remains incomplete following its resubmission, the application will be
dismissed. If the applicant has provided its FRN [and]{.underline} wire
transfer instructions from the payer of record, any upfront payment made
prior to dismissal will be refunded in a timely manner upon request.**

**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. We remind applicants
that to avoid untimely upfront payments they should discuss arrangements
(including bank closing schedules) with their banker several days before
making the wire transfer, and allow sufficient time for the transfer to
be initiated and completed before the deadline.** Detailed information
regarding upfront payments including additional requirements for "former
defaulters" can be found in the *Auction No. 53 Procedures Public
Notice* under Section II.E and Section III.D.[^7]

**Note: Applicants are reminded to submit the same FRN with all future
payments.**

### OTHER IMPORTANT INFORMATION

**Qualified Bidders:** Approximately two weeks after the upfront payment
deadline, following Commission review of resubmitted FCC Form 175
applications, and correlation of payments and applications, a public
notice listing all applicants qualified to bid in the auction will be
released. The same public notice will also include instructions for
participating in the mock auction and a bidding schedule for the mock
auction and the first day of the auction.

**Due Diligence:** Potential bidders are reminded that there are a
number of incumbent terrestrial private operational fixed point-to-point
licensees in the 12.2-12.7 GHz band which were licensed prior to MVDDS
and are not entitled to protection from harmful interference caused by
later MVDDS entrants in the 12.2-12.7 GHz band, except for public safety
stations, which must be protected. MVDDS has the responsibility of
resolving any harmful interference problems that their operations may
cause to these public safety incumbent point-to-point operations in the
12.2-12.7 GHz band. To aid potential bidders, a list of public safety
incumbents in this band is attached as Appendix I to the *Second Report
and Order,* ET Docket No. 98-206, released May 23, 2002.[^8]

Potential bidders are also reminded that MVDDS licensees must comply
with the interference protection and coordination requirements set forth
in Sections 101.105, 101.1421, and 101.1440 of the Commission's
rules.[^9] Sections 101.105, 101.1421, and 101.1440 establish standards
for protection of co-primary NGSO FSS earth stations, incumbent and
adjacent area licensees and co-primary DBS earth stations. MVDDS shall
be licensed on a non-harmful interference co-primary basis to existing
DBS operations and on a co-primary basis with NGSO FSS stations in this
band. MVDDS licensees must also protect and/or develop sharing
agreements with neighboring licensees. MVDDS systems in the United
States within 56 km (35 miles) of the Canadian and Mexican border will
be granted conditional licenses, until final international agreements
are approved. MVDDS systems may not cause harmful interference to
stations in Canada or Mexico.[^10] No stations are allowed within 5
miles of the borders.

Potential bidders also should be aware that certain applications
(including those for modification), petitions for rulemaking, requests
for special temporary authority ("STA"), waiver requests, petitions to
deny, petitions for reconsideration, and applications for review may be
pending before the Commission and relate to particular applicants or
incumbent licensees. In addition, certain judicial proceedings that may
relate to particular applicants or incumbent licensees or the licenses
available in Auction No. 53 may be commenced, may be pending, or may be
subject to further review. We note that resolution of these matters
could have an impact on the availability of spectrum in Auction No. 53.
Some of these matters (whether before the Commission or the courts) may
not be resolved by the time of the auction.

Potential bidders may obtain information about licenses available in
Auction No. 53 through the Bureau's licensing databases on the World
Wide Web at [http://wireless.fcc.gov/uls](http://www.fcc.gov/wtb/uls).
Potential bidders should direct questions regarding the search
capabilities to the FCC Technical Support hotline at (202) 414-1250
(voice) or (202) 414-1255 (TTY), or via e-mail at
[ulscomm@fcc.gov](../ulscomm@fcc.gov). The hotline is available to
assist with questions Monday through Friday, from 8:00 a.m. to 6:00 p.m.
ET. In order to provide better service to the public, *all calls to the
hotline are recorded*. 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. Furthermore, the Commission makes no representations
or guarantees regarding the accuracy or completeness of information that
has been provided by incumbent licensees and incorporated into the
database. Potential bidders are strongly encouraged to physically
inspect any sites located in, or near, the region for which they plan to
bid.

**Potential bidders 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. 53.**

**Prohibition of Collusion:** Applicants are reminded that 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 during the auction about bids, bidding strategies, or settlements
unless they have identified each other as parties with whom they have
entered into agreements under Section 1.2105(a)(2)(viii). For purposes
of this prohibition, Section 1.2105(c) defines applicant as including
the applicant's controlling interests, all officers and directors of the
applicant, and holders of certain ownership interests in the
applicant.[^11] The Bureau has previously stated that auction applicants
who have applied for licenses in any of the same geographic areas, and
who are also applicants for licenses in the same or competing services
must affirmatively avoid all discussions with each other that affect, or
in their reasonable assessment have the potential to affect their
bidding or bidding strategy.[^12] For Auction No. 53, this prohibition
became effective at the short-form application filing deadline on
Wednesday, November 12, 2003, and will end on the post-auction down
payment deadline, which will be announced in a future public
notice.[^13] If parties had agreed in principle on all material terms,
those parties must have been identified on the short-form application
under Section 1.2105(c), even if the agreement had not been reduced to
writing. If parties had not agreed in principle by the filing deadline,
an applicant should not have included the names of those parties on its
application, and must not have continued negotiations with other
applicants for licenses in the same geographic areas.[^14]

The Bureau has encouraged applicants competing for licenses in any of
the same geographic license areas not to use the same individual as an
authorized bidder.[^15] A violation of the anti-collusion rule could
occur if an individual acts as the authorized bidder for two or more
competing applicants, and conveys information concerning the substance
of bids or bidding strategies between the bidders he or she is
authorized to represent in the auction. A violation could similarly
occur if the authorized bidders are different individuals employed by
the same organization (e.g., law firm or consulting firm). In such a
case, at a minimum, applicants should take precautionary steps to
prevent communication between authorized bidders.[^16]

In addition, Section 1.65 of the Commission's rules requires an
applicant to *maintain* the accuracy and completeness of information
furnished in its pending application and to notify the Commission within
30 days of any substantial change that may be of decisional importance
to that application.[^17] Thus, Sections 1.65 and 1.2105 require an
auction applicant to notify the Commission of any violation of the
anti-collusion rules upon learning of such violation. Applicants
therefore are required to make such notification to the Commission
immediately upon discovery.[^18] For further details regarding the
prohibition against collusion, refer to the *Auction No. 53 Procedures
Public Notice* under Section I.B.2.

Applicants who 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. Any applicant found to have violated the anti-collusion rule
may be subject to sanctions.[^19] In addition, applicants are reminded
that they are subject to the antitrust laws, which are designed to
prevent anti-competitive behavior in the marketplace. If an applicant is
found to have violated the antitrust laws in connection with its
participation in the competitive bidding process, it may be subject to
forfeiture of its upfront payment, down payment, or full bid amount and
may be prohibited from participating in future auctions.[^20]

**Auction Discount Voucher:** On June 8, 2000, the Commission awarded
Qualcomm, Inc., a transferable Auction Discount Voucher ("ADV") in the
amount of \$125,273,878.00.[^21] Subject to the terms and conditions set
forth in the Commission's Order, Qualcomm or its transferee could use
this ADV, in whole or in part, to adjust a winning bid in any spectrum
auction prior to June 8, 2003.[^22] On April 28, 2003, the Bureau
granted Qualcomm an additional year, until June 8, 2004, to use the
remaining amount of its ADV.[^23] Qualcomm transferred \$10,848,800.00
of the ADV to a winning bidder in FCC Auction No. 35. The transferee
used this amount to pay a portion of one of its winning bids in Auction
No. 35.[^24] Qualcomm also transferred \$50,536,998.74 of the ADV to an
assignee of broadband PCS licenses that used this amount to pay the
unpaid principal and interest accrued on the licenses.[^25] Qualcomm
also transferred \$4,020,165.65 of the ADV to an entity that made
installment payments on behalf of several of the entity's affiliates,
who are broadband PCS C Block licensees.[^26] Qualcomm transferred an
additional \$4,020,165.65 of the ADV to the same entity on both July 30,
2003 and October 28, 2003.[^27] Qualcomm also used \$7,607,200.00 of its
ADV to make its down payment on licenses it won in Auction No. 49,[^28]
and used an additional \$30,428,800.00 of its ADV to make its final
payment on licenses it won in that Auction.[^29] The remaining
\$13,791,582.31 of Qualcomm's ADV could be used to adjust winning bids
in another FCC Auction, including Auction No. 53.

**Ex Parte Rule:** Applicants should also be aware that the Commission
has generally exempted auction proceedings from the strict requirements
of the *ex parte* rule found in Section 1.1208[^30] of the Commission's
rules.[^31]

**Mock Auction:** All applicants found to be qualified bidders will be
eligible to participate in a mock auction on Friday, January 9, 2004. We
encourage all qualified bidders to take advantage of this mock auction
to become familiar with the FCC Automated Auction System. In the
*Qualified Bidders Public Notice*, the Bureau will announce the bidding
schedule for the mock auction and give details about participation. The
mock auction will be conducted over the Internet, and telephonic bidding
will be available as well. As a contingency plan, bidders may also dial
in to the FCC Wide Area Network.

**Electronic Bidding:** Applicants are reminded that qualified bidders
are eligible to bid either electronically or telephonically. Applicants
should specify their bidding preference on the FCC Form 175.

Bidders can access the FCC Automated Auction System over the Internet.
Access to the system via the Internet requires, at a minimum, the
following hardware and software:

-   CPU: Pentium 133 or above

-   RAM: 32 MB (64 MB recommended)

-   Monitor: VGA or above

-   Mouse or other pointing device

-   Operating System: Microsoft® Windows™ 95™, 98™, 2000™, ME™, NT™, XP™

-   Web Browser, either of the following:

```{=html}
<!-- -->
```
-   Microsoft® Internet Explorer 4.0 or higher (recommended). Your
    browser must have either Microsoft VM or Java Plug-In Version
    1.3.1_08 installed.

-   Netscape® Communicator™ 4.0 or higher, with Java Plug-In Version
    1.3.1_08.

> Java Plug-In Version 1.3.1_08 is available for downloading at
> ***http://java.sun.com/products/archive/index.html***

As a contingency plan, bidders can also access the FCC Automated Auction
System by dialing in to the FCC's Wide Area Network. Bidders dialing in
to the FCC's Wide Area Network will need:

-   Modem: 28.8 Kbps Hayes© compatible modem or faster (56 Kbps
    recommended)

-   Point-to-Point Protocol (PPP) Dialer: Use the Dial-Up Networking
    feature included with the operating system

**Long-Form Applications:** All applicants should be aware that at the
long-form application stage, they will be subject to the more extensive
reporting requirements contained in the Commission's Part 1 ownership
disclosure rule.[^32]

**Bidder Alerts:** 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.[^33]
Each applicant must also certify that 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) or delinquent on any
non-tax debt owed to any Federal agency.[^34] Each FCC Form 175
application must also contain an attached statement made under penalty
of perjury indicating whether the applicant, its affiliates, its
controlling interests, and the affiliates of its controlling interests,
as defined by Section 1.2110, have ever been in default on any payment
for Commission licenses (including down payments) or delinquent on any
non-tax debt owed to any Federal agency.[^35] 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.

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

**CONTACT INFORMATION**

For questions about payment or instructions for wiring upfront payments,
contact Gail Glasser, Auctions Accounting Group, at (202) 418-0578.

For specific questions about an applicant's incomplete status, the
applicant should contact the staff reviewer identified in the
correspondence sent to the applicant by overnight mail.

For technical assistance with using the FCC Automated Auction System,
contact the FCC Technical Support Hotline at (202) 414‑1250 (V) or (202)
414-1255 (TTY). The FCC Technical Support Hotline is generally available
Monday through Friday from 8:00 a.m. to 6:00 p.m. ET. *All calls to the
FCC Technical Support Hotline are recorded.*

For additional information, contact the Auctions & Spectrum Access
Division: Brian Carter (regarding legal questions) at (202) 418-0660;
Roy Knowles (regarding bidding and auction procedures) at (717)
338-2888; or Barbara Sibert (regarding bidding and general filing
status) at (717) 338-2888.

**- FCC -**

[^1]: *See* 47 C.F.R. § 1.2106.

[^2]: *See* 47 C.F.R. § 1.65. *See also* Auction of Licenses in the
    Multichannel Video Distribution and Data Service rescheduled for
    January 14, 2004, Notice and Filing Requirements, Minimum Opening
    Bids, Upfront Payments, and Other Auction Procedures, *Public
    Notice,* DA 03-2354, at 16-18 (rel. August 28, 2003), 68 Fed. Reg.
    57896 ("*Auction No. 53 Procedures Public Notice"*).

[^3]: *See* 47 C.F.R. § 1.65.

[^4]: The Bureau received one waiver request from Douglas Thomas who has
    requested a waiver of the upfront payment requirement.

[^5]: Letter from Margaret W. Wiener, Chief, Auctions and Industry
    Analysis Division, Wireless Telecommunications Bureau, to Patrick
    Shannon, Esq., Counsel for Lynch 3G Communications Corporation, 18
    FCC Rcd 11552 (2003).

[^6]: *See Auction No. 53 Procedures Public Notice* at 18-19.

[^7]: *Id*. at 15, 18-21.

[^8]: *See* Amendment of Parts 2 and 25 of the Commission\'s Rules to
    Permit Operation of NGSO FSS Systems Co-Frequency with GSO and
    Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the
    Commission\'s Rules to Authorize Subsidiary Terrestrial Use of the
    12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their
    Affiliates; and Applications of Broadwave USA, PDC Broadband
    Corporation, and Satellite Receivers, Ltd. to Provide A Fixed
    Service in the 12.2-12.7 GHz Band, ET Docket No. 98-206, *Memorandum
    Opinion and Order and Second Report and Order*, 17 FCC Rcd 9614
    (2002) ("*Second Report and Order"*).

[^9]: 47 C.F.R. § 101.105 (Interference protection criteria), 47 C.F.R.
    § 101.1421 (Coordination of adjacent area MVDDS stations and
    incumbent public safety POFS stations), and 47 C.F.R. § 101.1440
    (MVDDS protection of DBS).

[^10]: 47 C.F.R. § 101.147(p), § 101.1423, and §§ 1.928(f)(1) and (2).

[^11]: 47 C.F.R. § 1.2105(c)(7)(i).

[^12]: *See* Wireless Telecommunications Bureau Provides Guidance on the
    Anti-Collusion Rule for D, E, and F Block Bidders, *Pubic Notice*,
    DA 96-1460, 15 FCC Rcd 6196 (1996).

[^13]: 47 C.F.R. § 1.2105(c)(1).

[^14]: *See* "Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules," *Public Notice*, 11 FCC Rcd 9645
    (1995).

[^15]: *See Auction No. 53 Procedures Public Notice* at 4-6.

[^16]: *See* In re 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*"*)*.

[^17]: *See* 47 C.F.R. § 1.65.

[^18]: The Commission amended Section 1.2105 to require auction
    applicants to report prohibited communications in writing to the
    Commission immediately, but in no case later than five business days
    after the communication occurs. Amendment of Part 1 of the
    Commission's Rules -- Competitive Bidding Procedures, *Seventh
    Report and Order*, 16 FCC Rcd 17546, 17555, ¶ 17 (2001).

[^19]: *See* 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d).

[^20]: 47 C.F.R. §1.2109 (d).

[^21]: Qualcomm Incorporated Petition for Declaratory Ruling Giving
    Effect to the Mandate of the District of Columbia Circuit Court of
    Appeals, WT Docket No. 99-168, *Order*, 16 FCC Rcd 4042 (2000).

[^22]: *Id. See also* Qualcomm Incorporated Petition for Waiver of
    Certain Terms and Conditions of its Auction Discount Voucher, WT
    Docket No. 02-234, *Order,* 17 FCC Rcd 24311 (WTB 2002).

[^23]: Qualcomm Incorporated Petition for Waiver of Auction Discount
    Voucher Terms and Conditions, WT Docket No. 02-234, *Order,* 18 FCC
    Rcd 8048 (WTB 2003).

[^24]: *See* Supplement to Public Notice Released August 22, 2001 By
    Wireless Telecommunications Bureau Announcing It Is Prepared to
    Grant Four C and F Block Broadband Personal Communications Services
    (PCS) Licenses Upon Full and Timely Payment, Auction Event No. 35,
    DA 01-2071, *Public Notice*, 16 FCC Rcd 16025 (2001). All of the
    terms and conditions applicable to Qualcomm's use of the ADV shall
    apply to its use by a transferee, except that a transferee may not
    transfer the ADV to an entity other than back to Qualcomm. *See*
    Qualcomm Incorporated Petition for Declaratory Ruling Giving Effect
    to the Mandate of the District of Columbia Circuit Court of Appeals,
    WT Docket No. 99-168, *Order*, 16 FCC Rcd 4042 (2000); *see also*
    Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications
    Bureau, Federal Communications Commission, to Veronica M. Ahern,
    Attorney for Qualcomm Incorporated (December 22, 2000).

[^25]: Letter from Mark Reger, Chief Financial Officer, Federal
    Communications Commission to Kevin J. Kelly, Senior Vice President,
    Qualcomm Incorporated (May 23, 2003); Letter from Mark Reger, Chief
    Financial Officer, Federal Communications Commission to Kevin J.
    Kelly, Senior Vice President, Qualcomm Incorporated (May 9, 2003).

[^26]: Letter from Mark Reger, Chief Financial Officer, Federal
    Communications Commission to Kevin J. Kelly, Senior Vice President,
    Qualcomm Incorporated (April 22, 2003).

[^27]: Letter from Patricia Cappello, Deputy Chief Financial Officer,
    Federal Communications Commission to Kevin J. Kelly, Senior Vice
    President, Qualcomm Incorporated (July 11, 2003); Letter from Mark
    Reger, Chief Financial Officer, Federal Communications Commission to
    Kevin J. Kelly, Senior Vice President, Qualcomm Incorporated
    (October 28, 2003).

[^28]: Letter from Patricia Cappello, Deputy Chief Financial Officer,
    Federal Communications Commission to Kevin J. Kelly, Senior Vice
    President, Qualcomm Incorporated (July 10, 2003).

[^29]: Letter from Mark Reger, Chief Financial Officer, Federal
    Communications Commission to Kevin J. Kelly, Senior Vice President,
    Qualcomm Incorporated (November 12, 2003).

[^30]: 47 C.F.R. § 1.1208.

[^31]: S*ee* "Commission Announces that Mutually Exclusive 'Short-Form'
    Applications (Form 175) to Participate in Competitive Bidding
    Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes,"
    *Public Notice*, 9 FCC Rcd 6760 (1994).

[^32]: *See* 47 C.F.R. § 1.2112(b)(2).

[^33]: 47 C.F.R. § 1.2105(a)(2)(v).

[^34]: 47 C.F.R. § 1.2105(a)(2)(x); Amendment of Part 1 of the
    Commission's Rules -- Competitive Bidding Procedures, WT Docket No.
    97-82, *Order on Reconsideration of the Third Report and Order,
    Fifth Report and Order, and Fourth Further Notice of Proposed Rule
    Making*, 15 FCC Rcd 15293 at 15317, ¶ 42 (2000) ("*Order on
    Reconsideration of the Part 1 Third Report and Order*").

[^35]: 47 C.F.R. § 1.2105(a)(2)(xi); *Order on Reconsideration of the
    Part 1 Third Report and Order*, 15 FCC Rcd at 15317, n. 142.