**DA 00-1226**

**June 5, 2000**

**AUCTION NOTICE AND FILING REQUIREMENTS FOR**

**A NEW TELEVISION STATION CONSTRUCTION PERMIT,**

**CHANNEL 52 AT BLANCO, TEXAS**

**Auction Scheduled for July 12, 2000**

**Minimum Opening Bid and Other Procedural Issues**

**Report No. AUC-00-80-B (Auction No. 80 )**

I. General Information [3](#general-information)

A. Introduction [3](#introduction)

1\. Construction Permit to Be Auctioned
[3](#construction-permit-to-be-auctioned)

B. Rules and Disclaimers [3](#rules-and-disclaimers)

1\. Relevant Authority [3](#relevant-authority)

2\. Prohibition of Collusion [4](#prohibition-of-collusion)

3\. Due Diligence [5](#due-diligence)

4\. Bidder Alerts [6](#bidder-alerts)

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

C. Auction Specifics [6](#auction-specifics)

1\. Auction Date [6](#auction-date)

2\. Auction Title [7](#auction-title)

3\. Bidding Methodology [7](#bidding-methodology)

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

5\. Requirements for Participation [7](#requirements-for-participation)

6\. General Contact Information [7](#general-contact-information)

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

A. Minor Modifications to Short-Form Applications (FCC Form 175)
[8](#minor-modifications-to-short-form-applications-fcc-form-175)

B. Maintaining Current Information in Short-Form Applications (FCC Form
175)
[8](#maintaining-current-information-in-short-form-applications-fcc-form-175)

C. Electronic Review of Short --Form Applications (FCC Form 175)
[9](#electronic-review-of-short-form-applications-fcc-form-175)

III\. PRE-AUCTION PROCEDURES [9](#pre-auction-procedures)

A. Auction Seminar [9](#auction-seminar)

B. Upfront Payments \-- Due June 26, 2000
[9](#upfront-payments----due-june-26-2000)

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

2\. FCC Form 159 [10](#fcc-form-159)

3\. Amount of Upfront Payment [10](#amount-of-upfront-payment)

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

C. Auction Registration [11](#auction-registration)

D. Remote Electronic Bidding Software
[11](#remote-electronic-bidding-software)

E. Mock Auction [12](#mock-auction)

IV\. AUCTION EVENT [12](#auction-event)

A. Auction Structure [12](#auction-structure)

1\. Multiple Round, Ascending Auction
[12](#multiple-round-ascending-auction)

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

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

4\. Auction Stopping Rules [13](#auction-stopping-rules)

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

B. Bidding Procedures [15](#bidding-procedures)

1\. Round Structure [15](#round-structure)

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

3\. Bid Increments and Minimum Accepted Bids
[16](#bid-increments-and-minimum-accepted-bids)

4\. High Bids [16](#high-bids)

5\. Bidding [16](#bidding)

6\. Bid Removal and Bid Withdrawal [17](#bid-removal-and-bid-withdrawal)

7\. Round Results [18](#round-results)

8\. Auction Announcements [18](#auction-announcements)

9\. Maintaining the Accuracy of Short-Form (FCC Form 175) Information
[18](#maintaining-the-accuracy-of-short-form-fcc-form-175-information)

V. POST-AUCTION PROCEDURES [18](#post-auction-procedures)

A. Down Payments [18](#down-payments)

B. Long-Form Application [19](#long-form-application)

C. Default and Disqualification [19](#default-and-disqualification)

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

VI\. ATTACHMENT A- List of Applicants [21](#attachment-a)

VII\. ATTACHMENT B- FCC Auction Seminar Registration Form
[22](#attachment-b)

VIII\. ATTACHMENT C- Instructions For Completing FCC Form 159
[23](#attachment-c)

IX\. ATTACHMENT D- FCC Bidding Preference/Remote Software Order Form
[25](#attachment-d)

X. ATTACHMENT E- Summary of Documents Addressing the Anti-Collusion
Rules [26](#attachment-e)

# General Information

## Introduction

This public notice announces the procedures and minimum opening bid for
the upcoming auction of a construction permit for Channel 52 at Blanco,
Texas ("Auction No. 80"). On May 12, 2000, the Mass Media Bureau ("MMB")
and the Wireless Telecommunications Bureau ("WTB") (collectively, the
"Bureaus") released the *Auction No. 80 Comment Public Notice*,[^1]
seeking comment on the establishment of reserve price and/or minimum
opening bid for Auction No. 80, in accordance with the Balanced Budget
Act of 1997.[^2] In addition, the Bureaus sought comment on a number of
procedures to be used in Auction No. 80. The Bureaus received no
comments in response to the *Auction No. 80 Comment Public Notice*.

### Construction Permit to Be Auctioned 

The construction permit available in Auction No. 80 is for a new analog,
full-power, television station on Channel 52 at Blanco, Texas. This
construction permit is the subject of pending, mutually exclusive
short-form applications (FCC Form 175) and participation in this auction
is limited to the applicants identified in Attachment A. The minimum
opening bid and upfront payment for this construction permit are also
included on Attachment A.

## Rules and Disclaimers

### Relevant Authority

Prospective bidders must familiarize themselves thoroughly with the
Commission\'s rules relating to broadcast auctions, contained in Title
47, Part 73 of the Code of Federal Regulations. Prospective bidders must
also be thoroughly familiar with the procedures, terms and conditions
contained in this Public Notice, the *Auction No. 80* *Comment Public
Notice*, the *Broadcast First Report and Order,*[^3] the *Broadcast
Reconsideration Order,*[^4] and the *New Entrant Bidding Credit*

*Reconsideration Order*.[^5] Potential bidders must also familiarize
themselves with Part 1, Subpart Q of the Commission's rules concerning
competitive bidding proceedings.[^6]

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 bidders. It is the responsibility of all prospective
bidders to remain current with all Commission rules and with all public
notices pertaining to this auction. Copies of most Commission documents,
including public notices, can be retrieved from the FCC Internet node
via anonymous ftp@ftp.fcc.gov or the FCC Auctions World Wide Web site at
http://www.fcc.gov/wtb/auctions. Additionally, documents may be obtained
for a fee by calling the Commission\'s copy contractor, International
Transcription Service, Inc. (ITS), at (202) 314-3070. When ordering
documents from ITS, please provide the appropriate FCC number (for
example, FCC 98-194 for the *Broadcast First Report and Order* and FCC
99-74 for the *Broadcast Reconsideration Order*).

### Prohibition of Collusion 

Bidders are reminded that Section 1.2105(c) of the Commission\'s rules
prohibits short-form applicants 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).[^7] For further
details regarding collusion, refer to the *Auction Filing Window Public
Notice*, released December 17, 1999.[^8] For Auction No. 80, this
prohibition became effective at the short-form application deadline
(February 1, 2000) and will end on the down payment due date after the
auction (to be announced in a future public notice). Applicants
certified compliance with Section 1.2105(c) when they signed their
short-form applications. 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.[^9]

Bidders in Auction No. 80 are encouraged not to use the same the same
individual as an authorized bidder. A violation of the anti‑collusion
rule could occur if an individual acts as the authorized bidder for two
or more competing applicants, and conveys information concerning the
substance of bids or bidding strategies between the bidders he/she is
authorized to represent in the auction. Also, if the authorized bidders
are different individuals employed by the same organization (*e.g.*, law
firm or consulting firm), a violation could similarly occur.

In addition, Section 1.65 of the Commission\'s rules requires an
applicant to *maintain* the accuracy and completeness of information
furnished in its pending application and to notify the Commission within
30 days of any substantial change that may be of decisional significance
to that application.[^10] Thus, Section 1.65 requires an auction
applicant to notify the Commission of any violation of the
anti-collusion rules immediately upon learning of such violation.

A summary listing of documents from the Commission and the Bureau
addressing the application of the anti-collusion rules may be found in
Attachment E.

### Due Diligence 

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

Potential bidders are strongly encouraged to conduct their own research
prior to Auction No. 80 in order to determine the existence of pending
proceedings that might affect their decisions regarding participation in
the auction. Participants in Auction No. 80 are strongly encouraged to
continue such research during the auction.

Potential bidders should note that, in November 1999, Congress enacted
the Community Broadcasters Protection Act of 1999 (CBPA) which
established a new Class A television service.[^11] In response to the
enactment of the CBPA, the Commission adopted rules to establish the new
Class A television service.[^12] In the *Class A Report and Order*, the
Commission adopted rules to provide interference protection for eligible
Class A television stations from new full power television
stations.[^13] Given the Commission's ruling in the *Class A Report and
Order*, the winning bidder in the auction for the new full power
television station on Channel 52 at Blanco, Texas, upon submission of
its long-form application (FCC Form 301), will have to provide
interference protection to qualified Class A television stations.
Therefore, potential bidders are encouraged to perform engineering
studies to determine the existence of Class A television stations and
their effect on the ability to operate a full power television station
on Channel 52 at Blanco, Texas. Information about the identity and
location of Class A television stations is available from the Mass Media
Bureau's Consolidated Database System (CDBS) (public access available
at: <http://www.fcc.gov/mmb>) and on the Mass Media Bureau's Class A
television web page: http://www.fcc.gov/mmb/vsd/files/classa.html.

### Bidder Alerts 

As is the case with many business investment opportunities, some
unscrupulous entrepreneurs may attempt to use Auction No. 80 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 the minimum investment is less than \$25,000.

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

Information about deceptive telemarketing investment schemes is
available from the FTC at (202) 326-2222 and from the SEC at (202)
942-7040. Complaints about specific deceptive telemarketing investment
schemes should be directed to the FTC, the SEC, or the National Fraud
Information Center at (800) 876-7060. Consumers who have concerns about
specific proposals may also call the FCC National Call Center at (888)
CALL-FCC ((888) 225-5322).

### National Environmental Policy Act (NEPA) Requirements

The permittee must comply with the Commission\'s rules regarding the
National Environmental Policy Act (NEPA). The construction of a
broadcast antenna facility is a federal action and the permittee must
comply with the Commission\'s NEPA rules for each such facility. See 47
C.F.R. §§1.1305-1.1319. The Commission\'s NEPA rules require that, among
other things, the permittee consult with expert agencies having NEPA
responsibilities, including the U.S. Fish and Wildlife Service, the
State Historic Preservation Office, the Army Corp of Engineers and the
Federal Emergency Management Agency (through the local authority with
jurisdiction over floodplains). The permittee 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 permittee
must also prepare environmental assessments for facilities that include
high intensity white lights in residential neighborhoods or excessive
radio frequency emission.

## Auction Specifics

### Auction Date

Auction No. 80 will begin on July 12, 2000. 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 will be
conducted on each business day until bidding has stopped on the
construction permit.

### Auction Title

Auction No. 80 --- Blanco, Texas Broadcast

### Bidding Methodology 

The bidding methodology for Auction No. 80 will be a multiple-round,
ascending auction. Bidding will be permitted only from remote locations,
either electronically (by computer) or telephonically.

### Pre-Auction Dates and Deadlines

> Auction Seminar June 16, 2000
>
> Upfront Payments (via wire transfer) June 26, 2000; 6:00 p.m. ET
>
> Orders for Remote Bidding Software June 26, 2000; 5:30 p.m. ET
>
> Mock Auction July 10, 2000
>
> Auction Begins July 12, 2000

### Requirements for Participation 

Those wishing to participate in the auction must:

-   Be listed on Attachment A of this public notice.

-   Submit a sufficient upfront payment and an FCC Remittance Advice
    Form (FCC Form 159) by 6:00 pm ET, June 26, 2000.

-   Comply with all provisions outlined in this public notice.

### General Contact Information

**GENERAL AUCTION INFORMATION** FCC Auctions Hotline

General Auction Questions (888) 225-5322, Press Option #2

Seminar Registration or direct (717) 338-2888

Orders for Remote Bidding Software Hours of service: 8 a.m. -- 5:30 p.m.
ET

**AUCTION LEGAL INFORMATION** Auctions and Industry Analysis Division

Auction Rules, Policies, Regulations Legal Branch (202) 418-0660

**LICENSING INFORMATION** Video Services Division

Rules, Policies, Regulations (202) 418-1600

Licensing Issues

Incumbency/Protection Issues

**TECHNICAL SUPPORT** FCC Auctions Technical Support Hotline

Electronic Filing Assistance (202) 414-1250 (Voice),

Software Downloading (202) 414-1255 (TTY)

Hours of service: 8:00 a.m.-6:00 p.m. ET

**PAYMENT INFORMATION** FCC Auctions Accounting Branch

Wire Transfers (202) 418-1995

Refunds (202) 418-2843 (Fax)

**TELEPHONIC BIDDING** Will be furnished only to qualified bidders

**FCC COPY CONTRACTOR** International Transcription Services, Inc.

Additional Copies of 445 12^th^ Street, SW Room CY-B400

Commission Documents Washington, DC 20554

\(202\) 314-3070

**PRESS INFORMATION** Meribeth McCarrick (202) 418-0654

**FCC FORMS** (800) 418-3676 (outside Washington, DC)

\(202\) 418-3676 (in the Washington Area)

<http://www.fcc.gov/formpage>

**FCC INTERNET SITES** <http://www.fcc.gov/wtb/auctions>

[http://www.fcc.gov](http://www.fcc.gov/)

[ftp://ftp.fcc.gov](ftp://ftp.fcc.gov/)

# SHORT-FORM (FCC FORM 175) APPLICATION REQUIREMENTS

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

Applicants may make only minor changes to their short-form applications.
Applicants are not permitted to make major modifications to their
applications (*e.g*., change the certifying official or change control
of the applicant or change bidding credits). *See* 47 C.F.R. § 1.2105.
Permissible minor changes include, for example, deletion and addition of
authorized bidders (to a maximum of three), fax number, and revision of
exhibits. Applicants should notify the Commission of these changes in a
letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division,
Wireless Telecommunications Bureau, Federal Communications Commission,
445 12th Street, SW, Suite 4-A760, Washington, DC 20554. A separate copy
of the letter should be mailed to Kenneth Burnley, Auctions and Industry
Analysis Division. After the Bureau's release of a public notice listing
the qualified bidders in Auction No. 80, applicants should make these
changes to their short-form applications on-line. Questions about other
changes should be directed to Kenneth Burnley at (202) 418-0660.

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

Applicants have an obligation under 47 C.F.R. §1.65, to maintain the
completeness and accuracy of information in their short-form
applications. Amendments reporting substantial changes of possible
decisional significance in information contained in short-form
applications, as defined by 47 C.F.R. § 1.2105(b)(2), will not be
accepted and may in some instances result in the dismissal of the
short-form application.

## Electronic Review of Short --Form Applications (FCC Form 175)

The short-form electronic review system may be used to review and print
applicants\' short-form application information. Applicants may also
view other applicants\' completed short-form applications. There is no
fee for accessing this system. Instructions for electronically reviewing
short-form applications are discussed in the *Auction Filing Window
Public Notice*.[^14]

# PRE-AUCTION PROCEDURES

## Auction Seminar

On June 16, 2000, the FCC will sponsor a free seminar for Auction No. 80
at the Federal Communications Commission, located at 445 12^th^ Street,
S.W. (Room 2-B516), Washington, D.C. The seminar will provide attendees
with information about pre-auction procedures, conduct of the auction,
FCC remote bidding software, and the broadcast service and auction
rules. The seminar will also provide an opportunity for prospective
bidders to ask questions of FCC staff.

To register, complete the registration form included as Attachment B of
this public notice and submit it by Wednesday, June 14, 2000.
Registrations are accepted on a first-come, first-served basis.

## Upfront Payments \-- Due June 26, 2000 

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). FCC Form 159 must be completed manually and faxed to Mellon Bank
in Pittsburgh, PA. All upfront payments must be received at Mellon Bank
by 6:00 p.m. ET on June 26, 2000.

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. 80 go to a lockbox number different
    from the ones 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 June 26, 2000 deadline
    will result in dismissal of the application and disqualification
    from participation in the auction.

### Auction Payments by Wire Transfer

Wire transfer payments must be received by 6:00 p.m. ET on June 26,
2000. 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
>
> BNF: FCC/AC 910-1211
>
> OBI Field: (Skip one space between each information item)
>
> "AUCTIONPAY"
>
> TAXPAYER IDENTIFICATION NO. (same as FCC Form 159, block 26)
>
> PAYMENT TYPE CODE (enter "A80U")
>
> FCC CODE 1 (same as FCC Form 159, block 23A: "80")
>
> PAYER NAME (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358435

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

Applicants must fax a completed FCC Form 159 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). On the cover sheet of the fax,
write "Wire Transfer - Auction Payment for Auction Event No. 80."
**Bidders should confirm receipt of their upfront payment at Mellon Bank
by contacting their sending financial institution.**

### FCC Form 159

A completed FCC Remittance Advice Form (FCC Form 159) must accompany
each upfront payment. Proper completion of FCC Form 159 is critical to
ensuring correct credit of upfront payments. Detailed instructions for
completion of FCC Form 159 are included in Attachment C to this public
notice. The FCC Form 159 must be completed manually and filed with
Mellon Bank via facsimile

### Amount of Upfront Payment

In the *Part 1 Order, Memorandum Opinion and Order, and Notice of
Proposed Rule Making,* the Commission delegated to the WTB the authority
and discretion to determine an appropriate upfront payment for each
construction permit being auctioned.[^15] In the *Auction No. 80 Comment
Public Notice*, the Bureau proposed an upfront payment of
\$420,000.[^16] No comments were received concerning this upfront
payment. We therefore adopt our proposed upfront payment amount for
Auction No. 80.

### Applicant\'s Wire Transfer Information for Purposes of Refunds

The Commission will use wire transfers for all Auction No. 80 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 must fax
the Wire Transfer Instructions by June 26, 2000, to the FCC, Financial
Operations Center, Auctions Accounting Group, ATTN: Tim Dates or Gail
Glasser, at (202) 418-2843. Should the payer fail to submit the
requested information, the refund will be returned to the original payer
by check. For additional information, please call (202) 418-1995.

Name of Bank

ABA Number

> Contact and Phone Number

Account Number to Credit

Name of Account Holder

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.) Eligibility
for refunds is discussed below in Section V.D.

## Auction Registration

Approximately ten days before the auction, the FCC will issue a public
notice announcing all qualified bidders for the auction. Qualified
bidders are those applicants whose short-form applications have been
accepted for filing and that have timely submitted an upfront payment.

All qualified bidders are automatically registered for the auction.
Registration materials will be distributed prior to the auction by two
separate overnight mailings, each containing part of the confidential
identification codes required to place bids. These mailings will be sent
only to the contact person at the contact address listed in the
short-form applications.

Applicants that do not receive both registration mailings will not be
able to submit bids. Therefore, any qualified applicant that has not
received both mailings by noon on Friday, July 7, 2000, should contact
the Auctions Hotline at 717-338-2888. Receipt of both registration
mailings is critical to participating in the auction and each applicant
is responsible for ensuring it has received all of the registration
material.

Qualified bidders should note that lost login codes, passwords or bidder
identification numbers can be replaced only by appearing [in
person]{.underline} at the FCC Auction Headquarters located at 445
12^th^ Street, S.W., Washington, D.C. 20554. Only an authorized
representative or certifying official, as designated on an applicant\'s
short-form application, may appear in person with two forms of
identification (one of which must be a photo identification) in order to
receive replacement codes. Qualified bidders requiring replacement codes
must call technical support prior to arriving at the FCC to arrange
preparation of new codes.

## Remote Electronic Bidding Software

Qualified bidders are allowed to bid electronically or by telephone. If
choosing to bid electronically, each bidder must purchase their own copy
of the remote electronic bidding software. Electronic bids will only be
accepted from those applicants purchasing the software. However, the
software may be copied by the applicant for use by its authorized
bidders at different locations. The price of the FCC's remote bidding
software is \$175.00 and must be ordered by Monday, June 26, 2000. For
security purposes, the software is only mailed to the contact person at
the contact address listed on the short-form application. Please note
that auction software is tailored to a specific auction, so software
from prior auctions will not work for Auction No. 80. If bidding
telephonically, the telephonic bidding phone number will be supplied in
the first Federal Express mailing of confidential login codes. Qualified
bidders that do not purchase the software may only bid telephonically.
To indicate your bidding preference, an FCC Bidding Preference/Remote
Software Order Form is included as Attachment D in this public notice.

## Mock Auction

All qualified bidders will be eligible to participate in a mock auction
on Monday, July 10, 2000. The mock auction will enable applicants to
become familiar with the electronic software prior to the auction. Free
demonstration software will be available for use in the mock auction.
Participation by all bidders is strongly recommended. Details will be
announced by public notice.

# AUCTION EVENT

The first round of bidding for Auction No. 80 will begin on Wednesday,
July 12, 2000. The initial bidding schedule will be announced in the
public notice listing the qualified bidders which is released
approximately 10 days before the start of the auction.

## Auction Structure

### Multiple Round, Ascending Auction

In the *Auction No. 80 Comment Public Notice*, we proposed to award the
construction permit for Channel 52 at Blanco, Texas in a multiple-round,
ascending auction.[^17] We received no comments on this issue. We
therefore conclude that it is operationally feasible and appropriate to
auction the construction permit for Channel 52 at Blanco, Texas in a
multiple-round, ascending auction. Unless otherwise announced, bids will
be accepted on the construction permit in successive rounds of bidding.

### Maximum Eligibility and Activity Rules

In the *Auction No. 80 Comment Public Notice*, we proposed that the
amount of the upfront payment submitted by a bidder would determine the
eligibility (as measured in bidding units) for participation in Auction
No. 80.[^18] We received no comments on this issue.

For Auction No. 80, we will adopt our proposal that the amount of the
upfront payment submitted by a bidder determines the eligibility (in
bidding units) for participation in Auction No. 80. Note again that the
upfront payment is a refundable deposit made by each bidder to determine
and establish eligibility to bid on the construction permit. The upfront
payment does not define the total dollars a bidder may bid on the
construction permit.

In addition, we received no comments on our proposal for a single stage
auction. Therefore, in order to ensure that the auction closes within a
reasonable period of time, we adopt our proposal with the following
activity requirements: a bidder must either place a valid bid and/or be
the standing high bidder during each round of the auction rather than
wait until the end before participating. A bidder is required to be
active on 100 percent of their bidding eligibility. Failure to maintain
the requisite activity level will result in the use of an activity rule
waiver, if any remain, or a reduction in the bidder's bidding
eligibility, thus eliminating the bidder from the auction.

### Activity Rule Waivers and Reducing Eligibility

In the *Auction No. 80 Comment Public Notice*, we proposed that each
bidder in the auction would be provided three activity rule waivers that
may be used in any round during the course of the auction.[^19] We
received no comments on this issue.

Based upon our experience in previous auctions, we adopt our proposal
that each bidder be provided three activity rule waivers that may be
used in any round during the course of the auction. Use of an activity
rule waiver preserves the bidder\'s current bidding eligibility despite
the bidder\'s activity in the current round being below the required
minimum level. We are satisfied that by providing three waivers over the
course of the auction we will offer maximum flexibility to the bidders,
while safeguarding the integrity of the auction.

The FCC automated auction system assumes that bidders with insufficient
activity would prefer to use an activity rule waiver (if available)
rather than lose bidding eligibility. Therefore, the system will
automatically apply a waiver (known as an "automatic waiver") at the end
of any round where a bidder\'s activity level is below the minimum
required. If there are no activity rule waivers available, the bidder's
eligibility will be reduced, eliminating them from the auction.

Finally, a bidder may proactively use an activity rule waiver as a means
to keep the auction open without placing a bid. If a bidder submits a
proactive waiver (using the proactive waiver function in the bidding
software) during a round in which no bids are submitted, the auction
will remain open and the bidder\'s eligibility will be preserved. An
automatic waiver invoked in a round in which there are no new valid bids
will not keep the auction open.

### Auction Stopping Rules

For Auction No. 80, the Bureaus proposed to employ a stopping rule.[^20]
The Bureaus also sought comment on a modified version of the stopping
rule. The modified version of the stopping rule would close the auction
after the first round in which no bidder submits a proactive waiver or a
new bid on the construction permit when it is not the standing high
bidder. Thus, absent any other bidding activity, a bidder placing a new
bid on the construction permit for which it is the standing high bidder
would not keep the auction open under this modified stopping rule.

The Bureaus further proposed retaining the discretion to keep an auction
open even if no new acceptable bids or proactive waivers are submitted.
In addition, we proposed that the Bureaus reserve the right to declare
that the auction will end after a specified number of additional rounds
("special stopping rule"). We proposed to exercise this option 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.[^21]
We received no comments on these issues.

We adopt our proposals concerning the stopping rule. Adoption of these
rules, we believe, is most appropriate for Auction No. 80 because our
experience in prior auctions demonstrates that the stopping rule
balances the interests of administrative efficiency and maximum bidder
participation.

Under the stopping rule, bidding will remain open on the construction
permit until bidding stops. The auction will close for the construction
permit when one round passes during which no bidder submits a new
acceptable bid or applies a proactive waiver. After the first such
round, bidding will close on the construction permit. In addition, the
Bureaus retain the discretion to close the auction after the first round
in which no bidder submits a proactive waiver or a new bid on the
construction permit on which it is not the standing high bidder. Under
this modified stopping rule, absent any other bidding activity, a bidder
placing a new bid on the construction permit for which it is the
standing high bidder would not keep the auction open under this stopping
rule procedure.

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

Further, in their discretion, the Bureaus reserve the right to invoke
the "special stopping rule." Before exercising this option, the Bureaus
are likely to attempt to increase the pace of the auction by, for
example, increasing the number of bidding rounds per day.

### Auction Delay, Suspension, or Cancellation 

In the *Auction No. 80 Comment Public Notice*, we proposed that, by
public notice or by announcement during the auction, the Bureaus may
delay, suspend, or cancel the auction in the event of natural disaster,
technical obstacle, evidence of an auction security breach, unlawful
bidding activity, administrative or weather necessity, or for any other
reason that affects the fair and competitive conduct of competitive
bidding.[^22]

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

## Bidding Procedures

### Round Structure

The initial bidding schedule will be announced in the public notice
listing the qualified bidders which is released approximately 10 days
before the start of the auction. This public notice will be included
with the registration mailings. The round structure contains a single
bidding round followed by the release of the round results. Multiple
bidding rounds may be conducted in a given day. Details regarding round
result formats and locations will be included in a future public notice
listing the qualified bidders of Auction No. 80.

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 FCC 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

*Background*. The Balanced Budget Act of 1997 calls upon the Commission
to prescribe methods by which a reasonable reserve price will be
required or a minimum opening bid established when FCC licenses or
construction permits are subject to auction (*i.e.*, because they are
mutually exclusive), unless the Commission determines that a reserve
price or minimum opening bid is not in the public interest.[^23]
Consistent with this mandate, the Commission directed the WTB to seek
comment on the use of a minimum opening bid and/or reserve price prior
to the start of each auction.[^24] Among other factors, the WTB must
consider the amount of spectrum being auctioned, levels of incumbency,
the availability of technology to provide service, the size of the
geographic service areas, the extent of interference with other spectrum
bands, and any other relevant factors that could have an impact on
valuation of the spectrum being auctioned.[^25] The Commission concluded
that the WTB should have the discretion to employ either or both of
these mechanisms for future auctions.[^26]

In the *Auction No. 80 Comment Public Notice*, the Bureau proposed to
establish a minimum opening bid for Auction No. 80 of \$420,000.[^27]
Specifically, for Auction No. 80, the Commission proposed calculating
the minimum opening bid based on the potential value of the spectrum,
including the type of service, market size, industry cash flow data and
recent broadcast transactions.

No comments were received, therefore we will adopt the minimum opening
bid of \$420,000, as proposed, for Auction No. 80. Congress has enacted
a presumption that unless the Commission determines otherwise, minimum
opening bids or reserve prices are in the public interest.[^28] Based on
our experience in using minimum opening bids in other auctions, we
believe that minimum opening bids speed the course of the auction and
ensure that valuable assets are not sold for nominal prices, without
unduly interfering with the efficient assignment of construction
permits.[^29]

### Bid Increments and Minimum Accepted Bids

In the *Auction No. 80 Comment Public Notice*, we proposed to apply a
minimum bid increment of 10 percent.[^30] We further proposed to retain
the discretion to change the minimum bid increment if circumstances so
dictate.[^31] We received no comments on this issue.

We adopt the proposal contained in the *Auction No. 80 Comment Public
Notice.* Once there is a standing high bid on the construction permit,
there will be a bid increment associated with that bid indicating the
minimum amount by which the bid on that permit can be raised. For
Auction No. 80, we will use a flat, across-the-board increment of 10
percent to calculate the minimum bid increment. The Bureaus retain the
discretion to compute the minimum bid increment through other
methodologies if it determines circumstances so dictate. Advanced notice
of the Bureaus' decision to do so will be announced via the Automated
Auction System.

### High Bids

Each bid will be date- and time-stamped when it is entered into the
Automated Auction System. In the event of tie bids, the Commission will
identify the high bidder on the basis of the order in which the
Commission receives bids. The bidding software allows bidders to make
multiple submissions in a round. As each bid is individually date- and
time-stamped according to when it was submitted, a bid submitted by a
bidder earlier in a round will have an earlier date and time stamp than
a bid submitted later in a round.

### Bidding

During a bidding round, a bidder may submit a bid, subject to its
eligibility, as well as, remove a bid placed in the same bidding round.
If a bidder submits multiple bids for the construction permit in the
same round, the system takes the last bid entered as that bidder\'s bid
for the round, and the date- and time-stamp of that bid reflects the
latest time the bid was submitted.

Please note that all bidding will take place remotely either through the
automated bidding software or by telephonic bidding. (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, four to five minutes are necessary to complete a bid
submission.) There will be no on-site bidding during Auction No. 80.

When utilizing the bidding software, each bidder is required to login
using the FCC account number, bidder identification number, and the
confidential security codes provided in the registration materials.
Bidders are strongly encouraged to download and print bid confirmations
[after]{.underline} they submit their bids.

The bid entry screen of the automated auction system software for
Auction No. 80 allows bidders to place a multiple increment bid, which
will let bidders increase a high bid from one to nine bid increments. A
single bid increment is defined as the difference between the standing
high bid and the minimum acceptable bid for the construction permit. The
bidding software will display the bid increment.

To place a bid on the construction permit, the bidder must increase the
standing high bid by one to nine times the bid increment. This is done
by entering a whole number between 1 and 9 in the bid increment
multiplier (Bid Mult) field in the software. This value will determine
the amount of the bid (Amount Bid) by multiplying the bid increment
multiplier by the bid increment and adding the result to the high bid
amount according to the following formula:

> **Amount Bid = High Bid + (Bid Mult \* Bid Increment)**

Thus, bidders may place a bid that exceeds the standing high bid by
between one and nine times the bid increment. For example, to bid the
minimum acceptable bid, which is equal to one bid increment, a bidder
will enter "1" in the bid increment multiplier column and press submit.

In the first round of the auction, bidders will be limited to bidding
only the minimum acceptable bid. In this case no increment exists for
the construction permit, and bidders should enter "1" in the Bid Mult
field. Note that in this case, any whole number between 1 and 9 entered
in the multiplier column will result in a bid value at the minimum
acceptable bid amount.

### Bid Removal and Bid Withdrawal

In the *Auction No. 80 Comment Public Notice*, we proposed bid removal
and bid withdrawal rules.[^32] With respect to bid withdrawals, we
proposed that bidders would not be permitted to withdrawal bids in any
round. We received no comments on this issue. Therefore the Bureaus
adopt their proposal and will not permit bidders to withdrawal bids in
any rounds during the auction.

***Procedures*.** Before the close of a bidding round, a bidder has the
option of removing a bid placed in that round. By using the "remove bid"
function in the software, a bidder may effectively "unsubmit" a bid
placed within that round. Removing a bid will affect a bidder\'s
activity for the round in which it is removed, *i.e.* a bid that is
subsequently removed does not count toward the bidder's activity
requirement. Once a round closes, a bidder may no longer remove a bid.
No comments were received. Therefore, we will adopt these procedures for
Auction No. 80.

### Round Results

Bids placed during a round will not be published until the conclusion of
that bidding period. After a round closes, the Commission will compile
reports of all bids placed, current high bid, new minimum accepted bid,
and bidder eligibility status (bidding eligibility and activity rule
waivers), and post the reports for public access. Reports reflecting
bidders\' identities and FCC account numbers for Auction No. 80 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

The FCC will use auction announcements to announce items such as
schedule changes. All FCC auction announcements will be available on the
FCC remote electronic bidding system, as well as on the Internet.

### Maintaining the Accuracy of Short-Form (FCC Form 175) Information

As noted in Part II.A., after the short-form filing deadline, applicants
may make only minor changes to their FCC Form 175 applications. For
example, permissible minor changes include deletion and addition of
authorized bidders (to a maximum of three) and certain revision of
exhibits. Filers must make these changes on-line, and submit a letter
summarizing the changes to:

Amy Zoslov, Chief,

Auctions and Industry Analysis Division,

Wireless Telecommunications Bureau,

Federal Communications Commission,

445 12^th^ Street, S.W., Washington, D.C. 20554

A separate copy of the letter should be mailed to Kenneth Burnley,
Auctions and Industry Analysis Division, 4-B524, Wireless
Telecommunications Bureau, Federal Communications Commission, 445 12^th^
Street, S.W., Washington, D.C. 20554. Applicants should make these
changes to their short-form applications on-line after the Bureau's
release of a public notice listing qualified bidders in Auction No. 80.
Questions about other changes should be directed to Kenneth Burnley at
(202) 418-0660.

# POST-AUCTION PROCEDURES

## Down Payments 

After bidding has ended, the Commission will issue a public notice
declaring the auction closed, identifying the winning bid and bidder for
the construction permit.

Within ten business days after release of the auction closing public
notice, the winning bidder must submit sufficient funds (in addition to
its upfront payment) to bring its total amount of money on deposit with
the United States Government to 20 percent of its net winning bid
(actual bid less any applicable bidding credit). *See* 47 C.F.R. §
1.2107(b).

## Long-Form Application 

Within ten business days after release of the auction closing public
notice, the winning bidder must electronically submit a properly
completed long-form application and required exhibits for the
construction permit won through the auction. If the winning bidder is
claiming new entrant status it must include an exhibit demonstrating
their eligibility for the bidding credit. *See* 47 C.F.R. § 1.2112(b).
Further filing instructions will be provided to the auction winner at
the close of the auction.

## Default and Disqualification

If the high bidder 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)
it will be subject to the payments described in 47 C.F.R. §
1.2104(g)(2). In such event the Commission may re-auction the
construction permit or offer it to the next highest bidder (in
descending order) at their final bid. *See* 47 C.F.R. § 1.2109(b) and
(c). In addition, if a default or disqualification involves gross
misconduct, misrepresentation, or bad faith by an applicant, the
Commission may declare the applicant and its principals ineligible to
bid in future auctions, and may take any other action that it deems
necessary, including institution of proceedings to revoke any existing
licenses or construction permits held by the applicant. *See* 47 C.F.R.
§ 1.2109(d).

## Refund of Remaining Upfront Payment Balance

All applicants that submitted upfront payments but were not the winning
bidder for the construction permit will be entitled to a refund of their
upfront payment after the conclusion of the auction.

Bidders that drop out of the auction completely may be eligible for a
refund of their upfront payment before the close of the auction. Bidders
that have exhausted all of their activity rule waivers and have no
remaining bidding eligibility must submit a written refund request which
includes wire transfer instructions and a Taxpayer Identification Number
("TIN"), to:

Federal Communications Commission

Financial Operations Center

Auctions Accounting Group

Shirley Hanberry

445 12th Street, S.W., Room 1-A824

Washington, D.C. 20554

Bidders can fax their request to the Auctions Accounting Group at (202)
418-2843. Once the request 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 Tim Dates or Gail
> Glasser at (202) 418-1995.

**Media Contact:** Meribeth McCarrick at (202) 418-0654.

**Auctions and Industry Analysis Division:** Kenneth Burnley, Attorney,
Auctions Legal Branch at (202) 418-0660; Lisa Stover, Project Manager or
Bob Reagle, Analyst, Auctions Operations Branch at (717) 338-2888.

**Audio Services Division:** Shaun Maher at (202) 418-2324.

**- FCC -**

# ATTACHMENT A

Applicants for Primary Service Television Construction Permit (Channel
52) in Blanco, Texas

  --------- -------------- ------------- ----------- -------------- -------------- ----------------- ------------
  **MX      **Location**   **Channel**   **Bidding   **Upfront      **Minimum      **Applicants**    **FCC
  Group**                                Units**     Payment**      Opening Bid**                    Account
                                                                                                     No.**

  PST1      Blanco, Texas  52            420,000     \$420,000.00   \$420,000.00   Aaron             2000095612
                                                                                   Communications,   
                                                                                   L.P.              

                                                                                   Alliance Trust    2000114840

                                                                                   BK Radio          2000003451

                                                                                   Blanco            2000180847
                                                                                   Television, LLC   

                                                                                   Blue Mountain     2000153547
                                                                                   Communications,   
                                                                                   Inc.              

                                                                                   Channel 52,LLC    2000162115

                                                                                   Christian         2000182234
                                                                                   Television Media, 
                                                                                   Inc.              

                                                                                   ComCorp           2000112943
                                                                                   Broadcasting,     
                                                                                   Inc.              

                                                                                   Council Tree      2000183246
                                                                                   Communications,   
                                                                                   L.L.C.            

                                                                                   Douglas Johnson   2000145457

                                                                                   Elgin FM Limited  2000144046
                                                                                   Partnership       

                                                                                   George S. Flinn,  2000162318
                                                                                   Jr.               

                                                                                   James L. Oyster   2000090206

                                                                                   KT Broadcasting,  2000193749
                                                                                   Inc.              

                                                                                   Mountain          2000143537
                                                                                   Communications,   
                                                                                   Inc.              

                                                                                   Pappas            2000112016
                                                                                   Telecasting of El 
                                                                                   Paso-Juarez       

                                                                                   Pegasus Broadcast 2000112618
                                                                                   Television, Inc.  

                                                                                   Post-Newsweek     2000154547
                                                                                   Stations, Inc.    

                                                                                   Rodriguez         2000155133
                                                                                   Communications,   
                                                                                   L.L.C.            

                                                                                   S L               2000172606
                                                                                   Communications,   
                                                                                   Inc.              

                                                                                   Star              2000120144
                                                                                   Broadcasting,     
                                                                                   Inc.              

                                                                                   Univision         2000123701
                                                                                   Television Group, 
                                                                                   Inc.              

                                                                                   Venture           2000142650
                                                                                   Technologies      
                                                                                   Group LLC         

                                                                                   WF Broadcasting,  2000131115
                                                                                   LLC               
  --------- -------------- ------------- ----------- -------------- -------------- ----------------- ------------

# ATTACHMENT B

FCC AUCTION SEMINAR REGISTRATION FORM

Auction No. 80

The FCC will sponsor a one-day seminar for the Channel 52 Blanco, Texas
Auction 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 remote bidding software.

A maximum of two representatives from each company may attend on a
reservation basis. Additional representatives may attend on a
first-come, first-served basis until room capacity is filled. Additional
seating may be available on a stand-by basis the day of the seminar. The
seminar will be held:

**Friday, June 16, 2000**

**Federal Communications Commission**

**445 12^th^ Street S.W. (Room 2-B516)**

**Washington, DC 20554**

**Registration 9:30 a.m. - 10:00 a.m.**

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

**If hotel accommodations are needed**

**Please contact 1-888-225-5322 (option #2) for a list of hotels in the
area**

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

**To register, complete the form below and**

**return by mail or fax to be received no later than**

**Wedneday, June 14, 2000,** to:

FCC Auction 80

Auctions Operations Branch

1270 Fairfield Road

Gettysburg, PA 17325-7245

FAX: 717-338-2850

Phone: 717-338-2888

I/We will attend the Auction No. 80 Seminar, scheduled for **Friday,
June 16, 2000.**

Name of attendee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of attendee:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Company name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Fax:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# ATTACHMENT C

**AUCTION-SPECIFIC INSTRUCTIONS FOR**

**FCC REMITTANCE ADVICE (FCC FORM 159)**

**Upfront Payments**

The following information supplements the standard instructions for FCC
Form 159, and is provided to help ensure correct completion of FCC Form
159 for upfront payments for Auction No. 80. Applicants need to complete
FCC Form 159 carefully, since:

-   Mistakes may affect their bidding eligibility; and

-   Lack of consistency between information set forth in FCC Form 159,
    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 FCC

Form 175 Short Form Application are described below:

Block

Number Required Information

> 1 LOCKBOX \# - Enter \"358435\"
>
> 2 Payer Name - Enter the name of the person or company making the
> payment.
>
> If the applicant itself is the payer, this entry would be the same as
> FCC Form 175.
>
> 3 Total Amount Paid - Enter the amount of the upfront payment
> associated with the FCC Form 159.
>
> 4-8 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, blocks 2 through 5.
>
> 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).
>
> 20A Payment Type Code - Enter \"A80U\"
>
> 21A Quantity - Enter the number \"1\"
>
> 22A Amount Due - Enter the total upfront payment due.
>
> 23A FCC Code 1 - Enter the number \"80\" (indicating Auction No. 80).
>
> 26 Applicant TIN - Same as FCC Form 175, block 7.

NOTES:

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

-   If applicant is different from the payer, complete blocks 11 through
    18 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 this area blank.

**Winning Bidder Requirements, Down Payments and Final Payments**

Specific information regarding the down payment and final payment will
be included in a post-auction public notice announcing the winning
bidder.

# ATTACHMENT D

**FCC BIDDING PREFERENCE/**

**REMOTE SOFTWARE ORDER FORM**

**Auction No. 80**

***All qualified applicants who plan to participate in this auction
[must]{.underline} complete the form below.***

Each qualified applicant choosing to bid electronically must purchase
their own FCC Remote Bidding Software. Electronic bids will only be
accepted from those applicants purchasing the software. However, the
software may be copied by the applicant for use by its authorized
bidders at different locations.

The price of the FCC Remote Bidding Software is **\$175.00**, which
includes a user manual and shipping costs. (Since bidding software is
tailored to a specific auction, previous versions will not work for
Auction #80.) For security purposes, the software is only mailed to the
contact person at the contract address listed on the FCC Form 175.

Completed forms should be printed and either faxed or mailed to the
address below, ensuring receipt by no later than 5:30 p.m. ET on
**Monday, June 26, 2000.**

FCC BIDDING PREFERENCE (Auction No. 80)

[Auction Operations Branch]{.underline}

1270 Fairfield Rd.

Gettysburg, PA 17325-7245

FAX: 717-338-2850

Auction Applicant:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FCC Assigned Account No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Contact Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_

Contact
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact Address:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact City: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Contact State: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contact Zip: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Contact Fax: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Bidding Preference: \_\_\_\_ Electronic \_\_\_\_ Telephonic

If planning to bid electronically, please complete the following:

Type: \_\_\_\_3.5 Diskette \_\_\_\_ CD-Rom

Payment of \$175.00 US by: \_\_\_\_ Check (payable to FCC) \_\_\_\_
Mastercard \_\_\_\_ Visa

Credit card number
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Expiration
date \_\_\_\_\_\_\_\_\_\_\_\_

Name on card
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Authorized signature
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date \_\_\_\_\_\_\_\_\_\_\_

# ATTACHMENT E

**SUMMARY LISTING OF DOCUMENTS FROM THE COMMISSION**

**AND THE WIRELESS TELECOMMUNICATIONS BUREAU**

**ADDRESSING APPLICATION OF THE ANTI‑COLLUSION RULES**

> All of the following documents can be found at FCC web site:
> [http://www.fcc.gov/wtb/auctions/collusio/collusio.html]{.underline}

**[Commission Decisions:]{.underline}**

*Second Report and Order* in PP Docket No. 93‑253, FCC 94‑61, 9 FCC Rcd.
2348, 2386‑2388 (1994), paragraphs 221‑226.

*Fifth Report and Order in* PP Docket No. 93‑253, FCC 94‑178, 9 FCC Rcd.
5532, 5570‑5571 (1994), paragraphs 91‑92.

*Fourth Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC
94‑264, 9 FCC Rcd. 6858, 6866‑6869 (1994), paragraphs 47‑60.

*Second Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC
94‑215, 9 FCC Rcd. 7245, 7253‑7255 (1994), paragraphs 48‑55.

*Memorandum Opinion and Order* in PP Docket No. 93‑253, FCC 94‑295, 9
FCC Rcd. 7684, 7687‑7689 (1994), paragraphs 8‑12.

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

In re Applications of Mercury PCS II, LLC, *Notice of Apparent Liability
for Forfeiture,* 12 FCC Rcd. 17970 (1997) (petition for partial
reconsideration pending).

Amendment of Part 1of the Commission\'s Rules ‑‑ Competitive Bidding
Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal
Government Use, 4660‑4685 MHz, WT Docket No. 97‑82, ET Docket No. 94‑32,
FCC 97‑413, *Third Report and Order and Second Further Notice of
Proposed Rule Making,* 13 FCC Rcd. 374, 463‑469 (1997), paragraphs
155-­166.

In re Application of US West Communications, Inc., *Notice of Apparent
Liability for Forfeiture,* FCC 98‑41 (March 16, 1998).

In re Application of Western PCS BTA I Corporation, *Notice of Apparent
Liability for Forfeiture, FCC* 98‑42 (March 16, 1998).

**[Wreless Telecommunications Bureau Decisions:]{.underline}**

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, *Order,* 11 FCC Rcd. 9655
(Wireless Tel. Bur. 1995).

In re Applications of GWI PCS, Inc. For Authority to Construct and
Operate Broadband PCS Systems Operating on Frequency Block C,
*Memorandum Opinion and Order,* 12 FCC Rcd. 6441 (Wireless Tel. Bur.
1997).

In re Applications of Mercury PCS II, LLC, For Facilities in the
Broadband Personal Communications Services in the D, E, and F Blocks,
*Memorandum Opinion and Order on Reconsideration,* 12 FCC Rcd. 18093
(Wireless Tel. Bur. 1997).

In the Matter of Applications of High Plains Wireless, L.P., For
Authority to Construct and Operate Broadband PCS Systems on Frequency
Blocks D, E, and F, *Memorandum Opinion and Order,* 12 FCC Rcd. 19627
(Wireless Tel. Bur. 1997).

In the Matter of Applications of Mercury PCS II, LLC, For Authority to
Construct and Operate Broadband PCS Systems on Frequency Blocks D, E,
and F, *Memorandum Opinion and Order,* 13 FCC Rcd. 5756 (Wireless Tel.
Bur. 1997).

**[Public Notices:]{.underline}**

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

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

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

**[Letters from the Office of General Counsel and the Wireless
Telecommunications Bureau:]{.underline}**

*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 and Robert J. Rini from Kathleen O\'Brien
Ham, Chief, Auctions Division, Wireless Telecommunications Bureau,* DA
95‑2404 (released November 28, 1995).

*Letter to Mark Grady from Kathleen O\'Brien Ham, Chief, Auctions
Division, Wireless Telecommunications Bureau,* 11 FCC Rcd. 10895 (1996).

*Letter to David L. Nace from Kathleen O\'Brien Ham, Chief, Auctions
Division, Wireless Telecommunications Bureau,* 11 FCC Rcd. 11363 (1996).

*Letter to Elliott J. Greenwald from Christopher J. Wright, General
Counsel, Federal Communications Commission* (released April 6, 1998).

**[Civil Actions Initiated by U.S. Department of Justice:]{.underline}**

*U.S. v. Omnipoint Corp.,* Proposed Final Judgements and Competitive
Impact Statements, Department of Justice, 63 FR 65228 (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).

[Miscellaneous:]{.underline}

Many of these documents can be retrieved from the following Commission
web site:

<http://www.fcc.gov/wtb/auctions/collusio/collusio.html>

These documents may be located by using our search engine (select the
link \"search\"). All of these documents can be ordered in hard copy for
a fee from the Commission's contractor, International Transcription
Service, Inc. at (202) 314­-3070.

Documents retrieved from the FCC web site are available in various
formats. In order to review a document in its entirety, including
footnotes, it is necessary to access the document in WordPerfect, MS
Word, or Acrobat Reader.

[^1]: ^?^ *See* Auction of Construction Permit For New Television
    Station Channel 52 at Blanco, Texas Scheduled for July 12, 2000;
    Comment Sought on Reserve Price or Minimum Opening Bid and Other
    Auction Procedural Issues, *Public Notice*, DA 00-1069 (rel. May 12,
    2000) (\"*Auction No. 80 Comment Public Notice*\").

[^2]: ^?^ Section 3002(a), Balanced Budget Act of 1997, Pub. L. 105-33,
    111 Stat. 251 (1997) (\"Budget Act\"); 47 U.S.C. §309(j)(4)(F). The
    Commission\'s authority to establish a reserve price or minimum
    opening bid is set forth in 47 C.F.R. § 1.2104 (c) and (d).

[^3]: ^?^ *See* Implementation of Section 309(j) of the Communications
    Act -- Competitive Bidding for Commercial Broadcast and
    Instructional Television Fixed Service Licenses, MM Docket No.
    97-234, GC Docket No. 92-52 and GEN Docket No. 90-264, *First Report
    and Order*, 13 FCC Rcd 15920 (1998) ("*Broadcast First Report and
    Order*").

[^4]: ^?^ *See* Implementation of Section 309(j) of the Communications
    Act -- Competitive Bidding for Commercial Broadcast and
    Instructional Television Fixed Service Licenses, MM Docket No.
    97-234, *Memorandum Opinion and Order*, 14 FCC Rcd 8724 (1999)
    ("*Broadcast Reconsideration Order*").

[^5]: ^?^ *See* Implementation of Section 309(j) of the Communications
    Act -- Competitive Bidding for Commercial Broadcast and
    Instructional Television Fixed Service Licenses, MM Docket No.
    97-234, *Memorandum Opinion and Order*, 14 FCC Rcd 12,541 (1999)
    ("*New Entrant Bidding Credit Reconsideration Order*").

[^6]: *See* Part 1, Subpart Q of Title 47 of the Code of Federal
    Regulations.

[^7]: *See* 47 C.F.R. § 1.2105(c).

[^8]: ^?^ *See* Auction Filing Window For New Television Station Channel
    52 at Blanco, Texas, *Public Notice*, DA 99-2824 (rel. December 17,
    1999) ("*Auction Filing Window Public Notice*").

[^9]: ^?^ *See Nevada Wireless,* 13 FCC Rcd. at 11978.

[^10]: ^?^ *See* 47 C.F.R. § 1.65.

[^11]: Pub. L. No. 106-113, 113 Stat. 1501 (1999), codified at 47 U.S.C.
    § 336(f).

[^12]: *See* Establishment of a Class A Television Service, MM Docket
    No. 00-10, *Report and Order*, FCC 00-115 ( rel. April 4, 2000 )
    ("*Class A Report and Order*").

[^13]: *Id*. at ¶¶ 37-38.

[^14]: ^?^ *See* Auction Filing Window For New Television Station
    Channel 52 at Blanco, Texas, *Public Notice*, DA 99-2824 (rel.
    December 17, 1999) ("*Auction Filing Window Public Notice*").

[^15]: *See* Amendment of Part 1 of the Commission\'s Rules \--
    Competitive Bidding Proceeding, WT Docket No. 97-82, *Order,
    Memorandum Opinion and Order and Notice of Proposed Rule Making*, 12
    FCC Rcd. 5686, 5697-5698, ¶ 16 (1997). *See* also *Broadcast First
    Report and Order,* 13 FCC Rcd at 15967-68 ¶ 127-128.

[^16]: *See Auction No. 80 Comment Public Notice* at 2.

[^17]: *Auction No. 80 Comment Public Notice* at 2.

[^18]: *Id*.

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

[^20]: *Id*. at 6.

[^21]: *Id*.

[^22]: *Id*. at 3.

[^23]: Budget Act, *see* note 2, *supra*.

[^24]: *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. at 141, 455-456 (1998) (\"*Part 1 Third Report and Order*\").

[^25]: *Id*.

[^26]: *Id*.

[^27]: *Auction No. 80 Comment Public Notice* at 4-5.

[^28]: Section 3002(F) of the Budget Act directs the Commission to
    \"prescribe methods by which a reasonable reserve price will be
    required, or a minimum bid established, to obtain any license or
    permit being assigned pursuant to the competitive bidding, unless
    the Commission determines that such a reserve price or minimum bid
    is not in the public interest.\"

[^29]: *See* 47 U.S.C. 309(j)(3)(C).

[^30]: *Auction No. 80 Comment Public Notice* at 5.

[^31]: ^?^ *Id*.

[^32]: *Auction No. 80 Comment Public Notice* at 5.