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

**FEDERAL COMMUNICATIONS COMMISSION** News Media Information: (202)
418-0500

**445 12th STREET, S.W.** Fax-On-Demand: (202) 418-2830

# WASHINGTON, D.C. 20554 Internet: [http://www.fcc.gov](http://www.fcc.gov/)

# ftp.fcc.gov

### WT Docket 99-168

FCC 00-282

July 31, 2000

**AUCTION OF LICENSES FOR THE 747-762 AND 777-792 MHz BANDS POSTPONED
UNTIL MARCH 6, 2001**

**Report No. AUC-00-31-I (Auction No. 31)**

By the Commission: Chairman Kennard issuing a separate statement.
Commissioners Furchtgott-Roth and Tristani issuing a separate statement.

The upcoming auction of licenses in the 747-762 and 777-792 MHz band,
scheduled to begin on September 6, 2000 is postponed until March 6,
2001, in order to provide additional time for bidder preparation and
planning. Therefore, the FCC Form 175 application filing window for
Auction No. 31 is now closed. Any applications that were in the system
will be deemed ineffective and purged from the system. Applicants
wishing to participate must file in compliance with the deadlines listed
below. The new filing window for FCC Form 175 will open on January 11,
2001. The new schedule is as follows:

Filing Deadline for FCC Form 175 February 2, 2001; 6:00 PM ET

Upfront Payment Deadline February 16, 2001; 6:00 PM ET

Bidding Preference Form Deadline February 20, 2001; 6:00 PM ET

Mock Auction March 1-2, 2001

Auction Start Date March 6, 2001

The Commission will memorialize its views supporting this decision in a
separate opinion.

For further information, contact Howard Davenport, Auctions Legal Branch
at (202) 418-0660, or Lisa Stover, Auctions Operations at (717)
338-2804.

**- FCC -**

**STATEMENT OF CHAIRMAN WILLIAM E. KENNARD**

*Re: Auction of Licenses for the 747-762 and 777-792 MHz Bands Postponed
Until*

*March 6, 2001, Public Notice, WT Docket 99-168*

I believe a further postponement of the 700 MHz Auction (Auction No. 31)
is necessary as a matter of sound spectrum management and is consistent
with a balanced reading of all our statutory obligations. As the expert
agency charged with managing the nation's airwaves, it is of paramount
importance that the Commission allocate and assign as valuable a
resource as the spectrum in the 747-762 MHz and 777-792 MHz band in a
manner that comports with the specific statutory requirements of the
Communications Act governing spectrum management and spectrum auctions.
In complying with conflicting statutes, and resolving those directives
as we proceed toward an auction, I believe the Commission's primary goal
should be to conduct an auction that is fair, efficient, puts the
spectrum to the best use, and thereby best serves the public interest.

With that in mind, the Commission takes this action today in response to
a request from a large number of potential bidders asking us to do so.
Among the reasons cited for the request is the fact that industry needs
more time to develop their business plans and bidding strategies in
light on the special characteristics of this band. It is undisputed that
factors surrounding this spectrum, including the incumbency of the UHF
television broadcasters in this band, make bidder planning for this
auction unusually complex. In support of their position, industry
representatives cite Section 309(j)(3)(E)(ii) of the Communications Act.
Under this section of the Communications Act, the Commission must
provide an adequate time after issuance of bidding rules "to ensure that
interested parties have a sufficient time to develop business plans,
access market conditions, and evaluate the availability of equipment for
the relevant services." The consensus of the potential bidders for this
auction is that a September 6^th^ auction will not satisfy this
obligation. We are aware of no industry party or member of Congress who
oppose the industry request or rationale.

Although the Commission takes congressional deadlines very seriously,
upon weighing the statutory obligations of the Consolidated
Appropriations Act of 2000 against those in our charter statute, the
Communications Act, the action taken today is appropriately tailored to
balance our responsibilities in a manner that best serves the public
interest. At the same time, I believe it is not possible to comply with
the Appropriations Act deadline and satisfy our obligations under the
Communications Act concerning our spectrum management responsibilities
and, in particular, our obligations to conduct fair and efficient
auctions. Accordingly, in order to ensure a successful and competitive
auction, and to meet all of our statutory responsibilities, I believe
postponement of this auction until March of 2001 is the right course for
this Commission to take at this time.

**DISSENTING STATEMENT OF COMMISSIONERS**

**HAROLD FURCHTGOTT-ROTH AND GLORIA TRISTANI**

*Re:* *Auction of Licenses for the 747-762 and 777-792 MHz Bands
Postponed Until March 6, 2001*, Public Notice (rel. July 31, 2000)

We cannot support today's decision to delay the 700 MHz auction until
March 2001. This action is in stark disregard of this agency's statutory
obligation to "ensure\[\] that all proceeds of such bidding are
deposited . . . not later than September 30, 2000."[^1]

No spectrum or fiscal policy consequence, no letters from members of
Congress, and no interpretation of the overall statutory scheme can
overcome the Commission's clear obligation to proceed with this auction
consistent with the statute. Our auction design rules and issues raised
in the Commission's further notice[^2] are no basis for abandoning this
statutory deadline. Moreover, the assertion that delay is warranted to
ensure that the auction derives more revenue does not comport with the
statute.[^3]

As Commissioners, we are sworn to uphold the law. Today we are obligated
to object to this direct violation of our governing statute.

[^1]: Pub. Law 106-113, 113 Stat. 1501, Appendix E, Section 213. *See
    also* 145 Cong. Rec. at H12494-94, H12501 (Nov. 17, 1994), "Making
    consolidated appropriations for the fiscal year ending September 30,
    2000, and for other purposes."

[^2]: *See* *Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules, Carriage of the
    Transmission of Digital Television Broadcast Stations, and Review of
    the Commission's Policies Affecting the Conversion to Digital
    Television*, Memorandum Opinion and Order and Further Notice of
    Proposed Rulemaking, FCC 00-224 (rel. June 30, 2000).

[^3]: *See* 47 U.S.C. § 309(j)(3)(C) (identifying as an objective of
    competitive bidding "recovery for the public of a *portion* of the
    value of the public spectrum resource" (emphasis added)).