**PUBLIC NOTICE**

**Federal Communications Commission**

**445 12^th^ Street, SW**

**Washington, DC 20554**

#######  {#section .unnumbered}

> DA 05-1337

May 20, 2005

**AUCTION OF LOW POWER TELEVISION CONSTRUCTION PERMITS SCHEDULED FOR
SEPTEMBER 14, 2005**

**Notice and Filing Requirements, Minimum Opening Bids,**

**Upfront Payments and Other Procedures for Auction No. 81**

Report No. AUC-05-81-E (Auction No. 81)

I. GENERAL INFORMATION [1](#general-information)

A. Introduction [1](#introduction)

1\. Background [1](#background)

2\. Construction Permits to be Auctioned
[2](#construction-permits-to-be-auctioned)

B. Rules and Disclaimers [4](#rules-and-disclaimers)

1\. Relevant Authority [4](#relevant-authority)

2\. Prohibition of Collusion [5](#prohibition-of-collusion)

3\. Due Diligence [6](#due-diligence)

4\. Bidder Alerts [8](#bidder-alerts)

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

C. Auction Specifics [9](#auction-specifics)

1\. Auction Date [9](#auction-date)

2\. Auction Title [9](#auction-title)

3\. Bidding Methodology [9](#bidding-methodology)

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

5\. Requirements for Participation [9](#requirements-for-participation)

6\. General Contact Information [10](#general-contact-information)

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

A. Transition of Applicant\'s FCC Form 175 to Integrated Spectrum
Auction System --- Remedial Filing Window Closes July 8, 2005
[11](#transition-of-applicants-fcc-form-175-to-integrated-spectrum-auction-system-remedial-filing-window-closes-july-8-2005)

B. Minor Modifications to Short-Form Applications (FCC Forms 175)
[11](#minor-modifications-to-short-form-applications-fcc-forms-175)

C. Maintaining the Accuracy of FCC Form 175 Information
[12](#maintaining-the-accuracy-of-fcc-form-175-information)

D. Requirements for Logging on to the FCC Auction System
[12](#requirements-for-logging-on-to-the-fcc-auction-system)

E. Provisions Regarding Former Defaulters
[13](#provisions-regarding-former-defaulters)

F. Electronic Review of Short --Form Applications (FCC Forms 175)
[14](#electronic-review-of-short-form-applications-fcc-forms-175)

G. Installment Payments [14](#installment-payments)

III\. PRE-AUCTION PROCEDURES [14](#pre-auction-procedures)

A. Application Processing and Minor Corrections
[14](#application-processing-and-minor-corrections)

B. Auction Seminar --- June 24, 2005 [15](#auction-seminar-june-24-2005)

C. Upfront Payments --- Due August 12, 2005
[15](#upfront-payments-due-august-12-2005)

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

2\. FCC Form 159 [17](#fcc-form-159)

3\. Amount of Upfront Payment [17](#amount-of-upfront-payment)

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

D. Auction Registration [19](#auction-registration)

E. Remote Electronic Bidding [20](#remote-electronic-bidding)

F. Mock Auction --- September 12, 2005
[20](#mock-auction-september-12-2005)

IV\. AUCTION EVENT [20](#auction-event)

A. Auction Structure [20](#auction-structure)

1\. Simultaneous Multiple Round Auction
[20](#simultaneous-multiple-round-auction)

2\. Eligibility and Activity Rules [20](#eligibility-and-activity-rules)

3\. Auction Stages [21](#auction-stages)

4\. Stage Transitions [22](#stage-transitions)

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

6\. Auction Stopping Rules [23](#auction-stopping-rules)

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

B. Bidding Procedures [25](#bidding-procedures)

1\. Round Structure [25](#round-structure)

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

3\. Minimum Acceptable Bid Amounts and Bid Increment Amounts
[26](#minimum-acceptable-bid-amounts-and-bid-increment-amounts)

4\. Provisionally Winning Bids [27](#provisionally-winning-bids)

5\. Bidding [28](#bidding)

6\. Bid Removal and Bid Withdrawal [28](#bid-removal-and-bid-withdrawal)

7\. Round Results [30](#round-results)

8\. Auction Announcements [30](#auction-announcements)

V. POST-AUCTION PROCEDURES [31](#post-auction-procedures)

A. Down Payments and Withdrawn Bid Payments
[31](#down-payments-and-withdrawn-bid-payments)

B. Final Payments [31](#final-payments)

C. Long-Form Application [31](#long-form-application)

D. Default and Disqualification [32](#default-and-disqualification)

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

VI\. Attachment A: Construction Permits to be Auctioned
A-[1](#attachment-a)

VII\. Attachment B: FCC Auction Seminar Registration Form
B-[1](#attachment-b)

VIII\. Attachment C: Electronic Review and Updating of the FCC Form 175
C-[1](#attachment-c)

IX\. Attachment D: Auction-Specific Instructions for FCC Remittance
Advice (FCC Form 159) D-[1](#__RefHeading___Toc104006842)

X. Attachment E: Summary Listing of Commission and Bureau Documents
Addressing Application of the Anti-Collusion Rule E-[1](#attachment-e)

# General Information

## Introduction

By this public notice, the Media Bureau ("MB") and Wireless
Telecommunications Bureau ("WTB") (collectively the "Bureaus") announce
the procedures and minimum opening bid amounts for the upcoming auction
of construction permits for certain low power television (LPTV),
television translator and Class A television broadcast stations
scheduled to begin on September 14, 2005 (Auction No. 81). On February
28, 2005, in accordance with Section 309(j)(4) of the Communications Act
of 1934, as amended,[^1] the Bureaus released a public notice seeking
comment on reserve prices or minimum opening bid amounts and the
procedures to be used in Auction No. 81.[^2] The Bureaus received
comments and reply comments from the National Translator Association in
response to the *Auction No. 81 Comment Public Notice*.[^3]

### Background 

On June 23, 2000, the Mass Media Bureau and Wireless Telecommunications
Bureau announced a limited auction filing window for certain LPTV,
television translator, and Class A television broadcast stations.[^4]
The deadline for electronic submission of short-form applications (FCC
Forms 175) was August 4, 2000. After an extension of time was granted by
public notice, the deadline for submission of paper copies of
engineering proposals by Auction No. 81 applicants was August 31,
2000.[^5] A later public notice provided a list of engineering proposals
that had been determined to be non-mutually exclusive.[^6] Several
settlement periods were announced subsequently by public notice, which
included an opportunity

for auction applicants to submit amendments to their engineering
proposals.[^7] On February 28, 2005, the Bureaus by public notice
required each auction applicant listed in an auction inventory released
that same day to submit its FCC registration number (FRN).[^8] After
release of the *Auction No. 81 Comment Public Notice,* the Bureaus
received numerous requests to revise the Auction Inventory.[^9] On April
13, 2005, the Bureaus by public notice revised the auction
inventory.[^10]

### Construction Permits to be Auctioned

Auction No. 81 will offer 113 construction permits for specified LPTV,
television translator and Class A television broadcast stations.[^11]
These construction permits are the subject of pending mutually-exclusive
(MX) short-form applications (FCC Forms 175) filed on or before August
4, 2000. Participation in this auction will be limited to those
applicants and engineering proposals identified in Attachment A of this
public notice. Qualifying applicants will be eligible to bid only on
those construction permits for which the applicant\'s engineering
proposal is specified in the particular mutually exclusive group ("MX
group") as set forth in Attachment A to this public notice.[^12] All
engineering proposals within an MX group are directly mutually exclusive
with one another, and therefore a single construction permit will be
auctioned for each MX group identified in Attachment A.

The National Translator Association (NTA) submitted comments and reply
comments concerning the treatment of "daisy-chain" MX groups.[^13] For
LPTV, television translator and Class A television broadcast stations, a
daisy chain occurs when two or more non-table, site-based applications
propose stations with projected contours that do not directly overlap,
but are linked together into a chain by the overlapping projected
contours of other proposed stations.[^14]  A daisy chain may contain
numerous proposals in a long link proposing facilities in communities of
differing population sizes.[^15]  The NTA argues that, when the
Commission addresses the issue of daisy chain applications, it should
\"develop auction procedures whereby the daisy chain will be offered as
an MX group, and at the conclusion of the auction those applications
which are then not mutually exclusive with the auction winner would be
processed for further grant or auction, as appropriate.\"[^16]  The
issues raised by the NTA with respect to daisy chain applications would
be raised more appropriately when the auction for the daisy chain
applications is announced.   As the NTA acknowledges, none of the MX
groups in Auction No. 81 contain daisy chains and, therefore, we will
not resolve those issues here.

As stated in the *Broadcast First Report and Order*, all pending
mutually exclusive applications for broadcast services must be resolved
through a system of competitive bidding.[^17] When two or more
short-form applications are accepted for filing within an MX group,
mutual exclusivity exists for auction purposes.[^18] Once mutual
exclusivity exists for auction purposes, even if only one applicant
within an MX

group submits an upfront payment, that applicant is required to submit a
bid in order to obtain the construction permit.[^19]

We note that some MX groups contain multiple engineering proposals
submitted by a single applicant. In such cases, bidders with multiple
engineering proposals in an MX group may only bid for a single
construction permit in the MX group. That is, a bidder with multiple
engineering proposals in an MX group would submit a single bid for that
MX group in a given bidding round, and, if that bidder is the winning
bidder for that MX group at the conclusion of the auction, the bidder
would file a long-form application for no more than one of its
engineering proposals. Note: In no instance will more than a single
construction permit be licensed to the winning bidder for a particular
MX group, even if that bidder had submitted more than one engineering
proposal that is included in that MX group.

## Rules and Disclaimers 

### Relevant Authority 

Prospective applicants must familiarize themselves thoroughly with the
Commission's general competitive bidding rules, including recent
amendments and clarifications.[^20] Broadcasters should also familiarize
themselves with the Commission's rules relating to broadcast auctions
contained in 47 C.F.R. §§ 73.5000--73.5009. Prospective applicants must
also be thoroughly familiar with the procedures, terms and conditions
(collectively, "terms") contained in this public notice; the *Auction
No. 81 Inventory* *Public Notice;* the *Auction No. 81 Comment* *Public
Notice;* the *Auction No. 81 Filing Window* *Public Notice;* the
*Broadcast First Report and Order,*[^21] the *Broadcast First
Reconsideration Order,*[^22] the *New Entrant Bidding Credit
Reconsideration Order,*[^23] and the *NCE Second Report and Order*.[^24]

The terms contained in the Commission's rules, relevant orders, and
public notices are not negotiable. The Commission may amend or
supplement the information contained in our public notices at any time,
and will issue public notices to convey any new or supplemental
information to applicants. It is the responsibility of all applicants to
remain current with all Commission rules and with all public notices
pertaining to this auction. Copies of most Commission documents,
including public notices, can be retrieved from the FCC Auctions
Internet site at <http://wireless.fcc.gov/auctions>. Additionally,
documents are available for public inspection and copying between 8:00
a.m. and 4:30 p.m. Eastern Time (ET) Monday through Thursday or 8:00
a.m. to 11:30 a.m. on Fridays at the FCC Reference Information Center,
445 12th Street, SW, Room CY-A257, Washington, DC 20554. Documents may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc. ("BCPI"), 445 12th Street, SW, Room CY-B402,
Washington, DC 20554, (800) 378-3160 or
[http://www.bcpiweb.com](http://www.bcpiweb.com/).[^25]

### Prohibition of Collusion 

Auction No. 81 applicants are reminded that the anti-collusion rules
found at Section 1.2105(c) and 73.5002(d) of the Commission's rules are
in effect. These rules prohibit applicants competing for construction
permits in either the same geographic license area or the same MX group
from communicating with each other during the auction about bids,
bidding strategies, or settlements unless they have identified each
other on their short-form applications (FCC Forms 175) filed in 2000 as
parties with whom they have entered into agreements under Section
1.2105(a)(2)(viii).[^26] Thus, applicants competing for construction
permits in either the same geographic license area or the same MX group
must affirmatively avoid all communications with each other that affect,
or in their reasonable assessment have the potential to affect, bids or
bidding strategy. In some instances, this prohibition extends to
communications regarding the post-auction market structure. For Auction
No. 81, this prohibition became effective at the short-form application
filing deadline on August 4, 2000, and will end on the post-auction down
payment deadline, which will be announced in a future public
notice.[^27] **This prohibition applies to all applicants regardless of
whether such applicants become qualified bidders or actually bid.**[^28]
For purposes of this prohibition, Section 1.2105(c)(7)(i) defines
applicant as including all controlling interests in the entity
submitting a short-form application to participate in the auction, as
well as all holders of partnership and other ownership interests and any
stock interest amounting to 10 percent or more of the entity, or
outstanding stock, or outstanding voting stock of the entity submitting
a short-form application, and all officers and directors of that
entity.[^29] Under Section 1.2105(c), if parties had agreed in principle
on all material terms of an agreement, those parties must have been
identified on the short-form application filed in 2000, even if the
agreement had not been reduced to writing. If parties had not agreed in
principle on all material terms by the 2000 filing deadline, an
applicant should not have included the names of those parties on its
application, and must not have continued negotiations, discussions or
communications with other applicants for construction permits in the
same geographic area or the same MX group.[^30]

Applicants competing for construction permits in either the same
geographic license area or the same MX group are encouraged not to use
the same individual as an authorized bidder. A violation of the
anti-collusion rule could occur if an individual acts as the authorized
bidder for two or more competing applicants, and conveys information
concerning the substance of bids or bidding strategies between the
applicants the authorized bidder 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 engineering firm
or consulting firm), a violation similarly could occur.[^31]

By electronically submitting their FCC Form 175 short-form applications,
applicants certified their compliance with Sections 1.2105(c) and
73.5002. However, the Bureaus caution 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.[^32]

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.[^33] Thus, Section 1.65 requires an auction
applicant to notify the Commission of any violation of the
anti-collusion rules upon learning of such violation. Applicants are
therefore required by Section 1.65 to make such notification to the
Commission immediately upon discovery. In addition, Section 1.2105(c)(6)
requires that any applicant that makes or receives a communication
prohibited by Section 1.2105(c) must report such communication to the
Commission in writing immediately, and in no case later than five
business days after the communication occurs.[^34]

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

### 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 broadcast facilities in this auction. **The
FCC makes no representations or warranties about the use of this
spectrum for particular services.** **Applicants should be aware that an
FCC auction represents an opportunity to become an FCC construction
permittee in the broadcast service, subject to certain conditions and
regulations.** **An FCC auction does not constitute an endorsement by
the FCC of any particular service, technology, or product, nor does an
FCC 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 the beginning of bidding in Auction No. 81 in order to
determine the existence of pending proceedings that might affect their
decisions regarding participation in bidding in the auction.
Participants in Auction No. 81 are strongly encouraged to continue such
research during the auction. In addition, potential bidders should
perform technical analyses sufficient to assure themselves that, should
they prevail in competitive bidding for a specific construction permit,
they will be able to build and operate facilities that will fully comply
with the Commission\'s technical and legal requirements.

Potential bidders should also be aware that certain pending and future
applications (including those for modification), petitions for
rulemaking, requests for special temporary authority, waiver requests,
petitions to deny, petitions for reconsideration, informal oppositions,
and applications for review before the Commission may relate to
particular applicants or incumbent permittees or incumbent licensees or
the engineering proposals included in Auction No. 81. In addition,
pending and future judicial proceedings may relate to particular
applicants, incumbent permittees, or incumbent licensees, or the
engineering proposals included in Auction No. 81. Prospective bidders
are responsible for assessing the likelihood of the various possible
outcomes, and considering their potential impact on construction permits
available in this auction.

Potential bidders should also note that LPTV and television translator
stations are authorized with "secondary" frequency use status. These
stations may not cause interference to, and must accept interference
from, full service television stations, certain land mobile radio
operations, and other primary services.[^36]

**Applicants are solely responsible for identifying associated risks and
for investigating and evaluating the degree to which such matters may
affect their ability to bid on, otherwise acquire, or make use of the
construction permits available in Auction No. 81. Potential applicants
are strongly encouraged to physically inspect any sites located in, or
near, the service area for which they plan to bid, and also to
familiarize themselves with the environmental assessment obligations
described in Section I.B.5.**

Potential bidders may research the licensing database for the Media
Bureau on the Internet in order to determine which channels are already
licensed to incumbent licensees or previously authorized to construction
permittees. Licensing records for the Media Bureau are contained in the
Media Bureau's Consolidated Data Base System (CDBS) and may be
researched on the Internet at <http://www.fcc.gov/mb/>. Potential
bidders may query the database online and download a copy of their
search results if desired. Detailed instructions on using Search for
Station Information, Search for Ownership Report Information and Search
for Application Information and downloading query results are available
online by selecting the CDBS Public Access (main) button at the bottom
of the Electronic Filing and Public Access list section. The database
searches return either station or application data. The application
search provides an application link that displays the complete
electronically filed application in application format. An AL/TC search
under the application search link permits searching for Assignment of
License/Transfer of Control groups using the AL/TC group lead
application. For further details, click on the [Help]{.underline} file.
Potential bidders should direct questions regarding the search
capabilities of CDBS to the Media Bureau help line at (202) 418-2662, or
via e-mail at <mbinfo@fcc.gov>.

The Commission makes no representations or guarantees regarding the
accuracy or completeness of information in its databases or any third
party databases, including, for example, court docketing systems. To the
extent the Commission's databases may not include all information deemed
necessary or desirable by a bidder, bidders may obtain or verify such
information from independent sources or assume the risk of any
incompleteness or inaccuracy in said databases. Furthermore, the
Commission makes no representations or guarantees regarding the accuracy
or completeness of information that has been provided by incumbent
licensees and incorporated into the database.

### Bidder Alerts

As is the case with many business investment opportunities, some
unscrupulous entrepreneurs may attempt to use Auction No. 81 to deceive
and defraud unsuspecting investors. Common warning signals of fraud
include the following:

-   The first contact is a "cold call" from a telemarketer, or is made
    in response to an inquiry prompted by a radio or television
    infomercial.

-   The offering materials used to invest in the venture appear to be
    targeted at IRA funds, for example, by including all documents and
    papers needed for the transfer of funds maintained in IRA accounts.

-   The amount of investment is less than \$25,000.

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

Information about deceptive telemarketing investment schemes is
available from the FTC at (202) 326-2222 and from the SEC at (202)
942-7040. Complaints about specific deceptive telemarketing investment
schemes should be directed to the FTC, the SEC, or the National Fraud
Information Center at (800) 876-7060. Consumers who have concerns about
specific proposals regarding Auction No. 81 may also call the FCC
Consumer Center at (888) CALL-FCC ((888) 225-5322)).

### National Environmental Policy Act Requirements

Construction permittees or licensees must comply with the Commission's
rules regarding implementation of the National Environmental Policy Act
("NEPA").[^37] The construction of a broadcast facility is a federal
action and the permittee must comply with the Commission's NEPA rules
for each such facility.[^38] The Commission's NEPA rules require, among
other things, that the permittee consult with expert agencies having
NEPA responsibilities, including the U.S. Fish and Wildlife Service, the
State Historic Preservation Office, the Army Corps of Engineers and the
Federal Emergency Management Agency (through the local authority with
jurisdiction over floodplains). The permittee must prepare environmental
assessments for broadcast 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

The competitive bidding in this auction will begin on Wednesday,
September 14, 2005, as announced in the *Auction No. 81* *Comment Public
Notice*.[^39] The initial schedule for bidding will be announced by
public notice at least one week before the start of the auction. Unless
otherwise announced, bidding on all construction permits will be
conducted on each business day until bidding has stopped on all
construction permits.

### Auction Title

Auction No. 81 -- LPTV.

### Bidding Methodology 

The bidding methodology for Auction No. 81 will be simultaneous multiple
round bidding. The Commission will conduct this auction over the
Internet using the FCC's Integrated Spectrum Auction system ("ISAS" or
"FCC Auction System"), and telephonic bidding will be available as well.
Qualified bidders are permitted to bid electronically via the Internet
or by telephone.

### Pre-Auction Dates and Deadlines

Auction Seminar June 24, 2005

FCC Form 175 Remedial Filing Window Opens June 24, 2005; 12:00 p.m. ET

FCC Form 175 Remedial Filing Window Deadline July 8, 2005; 6:00 p.m. ET

Upfront Payments (via wire transfer) August 12, 2005; 6:00 p.m. ET

Mock Auction September 12, 2005

Auction Begins September 14, 2005

### 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) before 6:00 p.m. ET, August 12, 2005.

-   Comply with all provisions outlined in this public notice and
    applicable Commission rules.

### General Contact Information

+-----------------------------------+----------------------------------+
| GENERAL AUCTION INFORMATION       | FCC Auctions Hotline             |
+-----------------------------------+----------------------------------+
| General Auction Questions         | \(888\) 225-5322, option two;    |
+-----------------------------------+----------------------------------+
| Seminar Registration              | or (717) 338-2888                |
+-----------------------------------+----------------------------------+
|                                   | Hours of service: 8:00 a.m. --   |
|                                   | 5:30 p.m. ET,                    |
|                                   |                                  |
|                                   | Monday through Friday            |
+-----------------------------------+----------------------------------+
| AUCTION LEGAL INFORMATION         | Auctions and Spectrum Access     |
|                                   | Division                         |
+-----------------------------------+----------------------------------+
| Auction Rules, Policies,          | \(202\) 418-0660                 |
| Regulations                       |                                  |
+-----------------------------------+----------------------------------+
| LICENSING INFORMATION             | Video Division                   |
+-----------------------------------+----------------------------------+
| Rules, Policies, Regulations      | \(202\) 418-1600                 |
|                                   |                                  |
| Licensing Issues, Engineering     |                                  |
| Issues,                           |                                  |
|                                   |                                  |
| Due Diligence, Incumbency Issues  |                                  |
+-----------------------------------+----------------------------------+
| TECHNICAL SUPPORT                 | FCC Auctions Technical Support   |
|                                   | Hotline                          |
+-----------------------------------+----------------------------------+
| Electronic Filing                 | \(877\) 480-3201, option nine;   |
|                                   | or (202) 414-1250                |
+-----------------------------------+----------------------------------+
| FCC Auction System                | \(202\) 414-1255 (TTY)           |
|                                   |                                  |
|                                   | Hours of service: 8:00 a.m. --   |
|                                   | 6:00 p.m. ET,                    |
|                                   |                                  |
|                                   | Monday through Friday            |
+-----------------------------------+----------------------------------+
| PAYMENT INFORMATION               | FCC Auctions Accounting Branch   |
+-----------------------------------+----------------------------------+
| Wire Transfers                    | \(202\) 418-0578                 |
+-----------------------------------+----------------------------------+
| Refunds                           | \(202\) 418-2843 (Fax)           |
+-----------------------------------+----------------------------------+
| TELEPHONIC BIDDING                | Will be furnished only to        |
|                                   | qualified bidders                |
+-----------------------------------+----------------------------------+
| FCC COPY CONTRACTOR               | Best Copy and Printing, Inc      |
+-----------------------------------+----------------------------------+
| Additional Copies of              | 445 12^th^ Street, SW, Room      |
|                                   | CY-B402                          |
+-----------------------------------+----------------------------------+
| Commission Documents              | Washington, DC 20554             |
|                                   |                                  |
|                                   | \(800\) 378-3160                 |
|                                   |                                  |
|                                   | [http://www.bcpiw                |
|                                   | eb.com](http://www.bcpiweb.com/) |
+-----------------------------------+----------------------------------+
| PRESS INFORMATION                 | Lauren Patrich (202) 418-7944    |
+-----------------------------------+----------------------------------+
| FCC FORMS                         | \(800\) 418-3676 (outside        |
|                                   | Washington, DC)                  |
|                                   |                                  |
|                                   | \(202\) 418-3676 (in the         |
|                                   | Washington area)                 |
|                                   |                                  |
|                                   | <h                               |
|                                   | ttp://www.fcc.gov/formpage.html> |
+-----------------------------------+----------------------------------+
| ACCESSIBLE FORMATS                | Consumer and Governmental        |
|                                   | Affairs Bureau                   |
+-----------------------------------+----------------------------------+
| Braille, large print, electronic  | \(202\) 418-0530 or (202)        |
| files, or                         | 418-0432 (TTY)                   |
+-----------------------------------+----------------------------------+
| audio format for people with      | <fcc504@fcc.gov>                 |
| disabilities                      |                                  |
+-----------------------------------+----------------------------------+

#   {#section-1 .unnumbered}

# short-form application (FCC FORM 175) REQUIREMENTS 

## Transition of Applicant\'s FCC Form 175 to Integrated Spectrum Auction System --- Remedial Filing Window Closes July 8, 2005

Applicants seeking construction permits available in Auction No. 81 were
required to file a short-form application, FCC Form 175, by the filing
deadline on August 4, 2000. At that time, the Commission used the FCC\'s
Automated Auction System (AAS). However, the Commission will conduct
Auction No. 81 using the FCC's new Integrated Spectrum Auction System
(ISAS). Each Auction No. 81 applicant will need to provide some
additional information in its FCC Form 175 to comply with current
Commission requirements. Each applicant must review its FCC Form 175 in
ISAS to assure that all relevant information is provided. It is possible
that an applicant may need to revise information previously submitted to
keep its FCC Form 175 accurate and complete as required by 47 C.F.R. §
1.65 or other rule requirements. To accommodate these needs, the
Commission will open a remedial filing window to allow each applicant in
Auction No. 81 to provide required new information in its FCC Form 175
and to review, update and confirm information previously submitted.
Applicants listed in Attachment A of this public notice must use ISAS to
review the information previously submitted and provide required new and
corrected information from noon ET on Friday, June 24, 2005, until 6:00
p.m. ET on Friday, July 8, 2005.

**To insure that the FCC Form 175 is accurate and complete, each
applicant must review carefully all of the information provided in this
public notice, including the section regarding declarations as to former
defaults and delinquencies.**[^40] **In addition, applicants will find a
description of the new information which must be submitted during this
remedial window, as well as the review of information previously
submitted, in Attachment C of this public notice.** In this same
attachment, we also provide instructions on how to submit new
information or revise information previously submitted.

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

Following the deadline for filing short-form applications (FCC Forms
175) on August 4, 2000, applicants in Auction No. 81 are permitted to
make only minor changes to their applications. Applicants are not
permitted to make major modifications to their applications (*e.g.*,
change their construction permit selections, change control of the
applicant, or seek additional bidding credit eligibility).[^41]
Permissible minor changes include, for example, deletion and addition of
authorized bidders (to a maximum of three) and revision of addresses and
phone numbers of the applicants and their contact persons.

In addition, applicants should submit a letter briefly summarizing the
changes by electronic mail to the attention of Margaret Wiener, Chief,
Auctions and Spectrum Access Division, at the following address:
<auction81@fcc.gov>. The electronic mail summarizing the changes must
include a subject or caption referring to Auction No. 81 and the name of
the applicant. A separate copy of the letter should be faxed to the
attention of Kathryn Garland at (717) 338-2850. The Bureaus request that
parties format any attachments to electronic mail as Adobe® Acrobat®
(pdf) or Microsoft® Word documents. Questions about short-form
application (FCC Form 175) amendments should be directed to Lynne Milne
of the Auctions and Spectrum Access Division at (202) 418-0660.

## Maintaining the Accuracy of FCC Form 175 Information 

Section 1.65 of the Commission's rules requires each 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.[^42] If an amendment reporting substantial changes is a
"major amendment" as defined by 47 C.F.R. § 1.2105, the major amendment
will not be accepted and may, in some instances, result in the dismissal
of the FCC Form 175 application.[^43]

Applicants must report these modifications to their FCC Form 175 by
electronic mail and submit a letter briefly summarizing the changes to
the attention of Margaret Wiener, Chief, Auctions and Spectrum Access
Division, at the following address:
[auction81@fcc.gov](mailto:ailto:auction81@fcc.gov). The electronic mail
summarizing the changes must include a subject or caption referring to
Auction No. 81 and the name of the applicant. The Bureaus request that
parties format any attachments to electronic mail as Adobe^®^ Acrobat^®^
(pdf) or Microsoft^®^ Word documents.

A separate copy of the letter should be faxed to the attention of
Kathryn Garland at (717) 338-2850. Questions about other changes should
be directed to Lynne Milne of the Auctions and Spectrum Access Division
at (202) 418-0660.

In addition, an applicant must make these changes to its short-form
application (FCC Form 175) on-line during the remedial window announced
in this public notice or during the time period that will be specified
in the public notice explaining the status of the applications in
Auction No. 81. During the remedial window announced in this public
notice or during the time period specified in a subsequent public notice
explaining the status of the applications in Auction No. 81, applicants
must click on the SUBMIT button in the FCC Auction System for the
changes to be submitted and considered by the Commission. After the
revised application has been submitted, a confirmation page will be
displayed that states the submission time and date, along with a unique
file number.

## Requirements for Logging on to the FCC Auction System

Although applicants submitted their original FCC Form 175 applications
by using a Taxpayer Identification Number (TIN), any review of and
updates to these applications will require the use of an FCC
Registration Number (FRN). On February 28, 2005, the Bureaus required
the filing of FRN information from Auction No. 81 applicants.[^44] Use
of an FRN is mandatory for all applicants for Auction No. 81 so that
each applicant may log on to the FCC Auction System to review its FCC
Form 175 and continue to participate in the auction process.

A remedial filing window for review of FCC Form 175 applications and the
submission of required information will be open from noon ET on Friday,
June 24, 2005, until 6:00 p.m. ET on Friday, July 8, 2005. In Attachment
C of this public notice, we provide specific instructions about logging
on to the FCC Auction System.

For further information, contact: FCC Technical Support at (877)
480-3201, option 9; (202) 414-1250; or (202) 414-1255 (TTY). Hours of
service: Monday through Friday 8:00 a.m. to 6:00 p.m. ET.

## Provisions Regarding Former Defaulters 

Pursuant to current Commission rules, each applicant in Auction No. 81
now must submit a statement, under penalty of perjury, as part of its
short-form application (FCC Form 175), regarding whether or not the
applicant, its affiliates, its controlling interests, or any affiliates
of its controlling interests, as defined by 47 C.F.R. § 1.2110, have
ever been in default on any Commission licenses or have ever been
delinquent on any non-tax debt owed to any Federal agency.[^45] **Each
applicant in Auction No. 81 must make this statement as provided on the
current FCC Form 175 and must attach to its FCC Form 175 information
identifying the person making the statement.**

The new format of FCC Form 175 in ISAS provides a screen where the
applicant must select one of two form statements describing the status
of the applicant, its affiliates, its controlling interests, or any
affiliates of its controlling interests regarding former defaults or
delinquencies. In addition, because the statement must be made under
penalty of perjury, each applicant in Auction No. 81 must submit an
attachment identifying the party responsible for making the statement on
behalf of the applicant. The party identified may be the same party that
certified the applicant\'s FCC Form 175 when it was filed in 2000.
Applicants in Auction No. 81 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.

"Former defaulters" --- *i.e.*, applicants, including their attributable
interest holders, that, as of the day the statement is submitted to the
Commission, in the past have defaulted on any Commission licenses or
been delinquent on any non-tax debt owed to any Federal agency, but that
have since remedied all such defaults and cured all of their outstanding
non-tax delinquencies --- are eligible to bid in Auction No. 81,
provided that they are otherwise qualified. However, former defaulters
are required to pay upfront payments that are fifty percent more than
the normal upfront payment amounts.[^46]

Applicants are reminded that "current defaulters" --- *i.e.*,
applicants, including their attributable interest holders, that are in
default on any payment for Commission licenses (including down payments)
or are delinquent on any non-tax debt owed to any Federal agency --- are
not eligible to bid in Auction No. 81.[^47]

Applicants are encouraged to review the Wireless Telecommunications
Bureau's previous guidance on default and delinquency disclosure
requirements in the context of our short-form application process.[^48]
Applicants are reminded that the Commission's Red Light Display System,
which provides information regarding debts owed to the Commission, may
not be determinative of an auction applicant's ability to comply with
the default and delinquency disclosure requirements of 47 C.F.R. §
1.2105.[^49]

**The applicants listed in Attachment A of this public notice must file
the additional information identified above from noon ET on Friday, June
24, 2005, until** **6:00 p.m. ET on Friday,** **July 8, 2005.** The
following instructions are provided for this additional information,
with further details about this particular submission provided in
Attachment C of this public notice.

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

During the remedial window, an applicant may review and update its own
completed FCC Form 175 application in the FCC Auction System. There is
no fee for accessing this system. See Attachment C for details on
accessing the FCC\'s ISAS.

Applicants will also be able to view other applicants\' completed FCC
Form 175 applications after the Commission has issued a subsequent
public notice concerning the status of the Auction No. 81 applications.
Instructions for electronic review of FCC Form 175 applications will be
discussed in the public notice concerning the status of the
applications.

## Installment Payments

In 1997, the Commission suspended the use of auction installment
payments. Installment payment plans will not be available in Auction No.
81.[^50]

# PRE-AUCTION PROCEDURES

## Application Processing and Minor Corrections

The FCC will process all timely-submitted applications to determine
which are acceptable for filing, and subsequently will issue a public
notice identifying: (1) those applications accepted for filing; (2)
those applications rejected; and (3) those applications which have minor
defects that may be corrected, and the deadline for resubmitting such
corrected applications.

Section 309(j)(2)(C) of the Communications Act (the Act) exempts from
competitive bidding applications for construction permits for
noncommercial educational broadcast stations ("NCE stations").[^51] For
purposes of this auction, this exemption applies to a proposal for a new
LPTV, television translator or Class A television broadcast station that
"is owned and operated by a municipality and which transmits only
noncommercial programs for educational purposes."[^52] In the *NCE
Second Report and Order*, the Commission held that LPTV and television
translator facilities qualify as NCE stations under section

397(6)(B) of the Act, only if they are owned and operated by
municipalities and transmit only NCE programs.[^53] Applications for
such NCE stations are exempt from auction.

The Commission also stated that proposals for NCE stations may be
submitted for non-reserved spectrum in a filing window, subject to being
returned as unacceptable for filing if there is any mutually exclusive
application for a commercial station.[^54] Accordingly, we provided
applicants in Auction No. 81 with an opportunity to designate their
status as an NCE station applicant under the definition set forth in
section 397(6)(B) of the Act.[^55] If any Auction No. 81 applicants make
such a claim and one or more of the NCE applicant\'s engineering
proposals is determined to be mutually exclusive with one or more
engineering proposals filed by an applicant for a commercial station,
the NCE station engineering proposal(s) will be returned as unacceptable
for filing.

As briefly explained previously in this public notice and described more
fully in the Commission's rules, after the short-form filing deadline on
August 4, 2000, applicants in Auction No. 81 may make only minor
corrections to their FCC Form 175 applications. Applicants will not be
permitted to make major modifications to their applications (*e.g.*,
change their construction permit selections, change control of the
applicant, or seek additional New Entrant Bidding Credit
eligibility).[^56]

##  {#section-2 .unnumbered}

## Auction Seminar --- June 24, 2005

On Friday, June 24, 2005, the FCC will sponsor a seminar for parties
interested in participating in Auction No. 81 at the Federal
Communications Commission, located at 445 12^th^ Street, SW, Washington,
DC. The seminar will provide attendees with information about
pre-auction procedures, revision of FCC Form 175 during the remedial
window, auction conduct, the FCC Auction System, auction rules, and the
LPTV, television translator and Class A television broadcast service
rules. The seminar will also provide an opportunity for prospective
bidders to ask questions of Commission staff.

To register, complete the registration form attached hereto as
Attachment B and submit it no later than Tuesday, June 21, 2005.
Registrations are accepted on a first-come, first-served basis. The
seminar is free of charge.

For individuals who are unable to attend, an Audio/Video of this seminar
will be available via webcast from the FCC's Auction 81 web page at
[http://wireless.fcc.gov/auctions/81/](http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=81).
Select "Auction Seminar."

## Upfront Payments --- Due August 12, 2005

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). As explained in Attachment C, the applicants listed in Attachment
A of this public notice will have access to an electronic version of the
FCC Form 159 that can be printed and faxed to Mellon Bank in Pittsburgh,
PA. **All upfront payments must be received at Mellon Bank by 6:00 p.m.
ET on August 12, 2005.**

### Making Auction Payments by Wire Transfer

Wire transfer payments must be received by 6:00 p.m. ET on August 12,
2005. To avoid untimely payments, applicants should discuss arrangements
(including bank closing schedules) with their banker several days before
they plan to make the wire transfer, and allow sufficient time for the
transfer to be initiated and completed before the deadline. Applicants
will need the following information:

> ABA Routing Number: 043000261

> Receiving Bank: Mellon Pittsburgh
>
> > 500 Ross St.
>
> > Pittsburgh, PA 15262
>
> BENEFICIARY: FCC/Account \# 910-1174
>
> Originating Bank Information (OBI Field): (Skip one space between each
> information item)
>
> APPLICANT FCC REGISTRATION NUMBER (FRN): (same as FCC Form 159, block
> 21)
>
> PAYMENT TYPE CODE (same as FCC Form 159, block 24A: A81U)
>
> FCC CODE 1 (same as FCC Form 159, block 28A: "81")
>
> PAYER NAME (same as FCC Form 159, block 2)
>
> LOCKBOX NO. \# 358405

**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 (Revised 2/03) 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.
81." 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.[^57] **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.**

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. 81 go to a lockbox number different
    from the lockboxes used in previous FCC auctions, and different from
    the lockbox number to be used for post-auction payments.

-   Failure to deliver the upfront payment by the deadline on August 12,
    2005 will result in dismissal of the application and
    disqualification from participation in the auction.

### FCC Form 159

A completed FCC Remittance Advice Form (FCC Form 159, Revised 2/03) must
be faxed to Mellon Bank to accompany each upfront payment. Proper
completion of FCC Form 159 (Revised 2/03) is critical to ensuring
correct crediting of upfront payments. Detailed instructions for
completion of FCC Form 159 are included in Attachment D to this public
notice. An electronic pre-filled version of the FCC Form 159 is
available after submitting the FCC Form 175 during the remedial period.
Payors using a pre-filled FCC Form 159 are responsible for ensuring that
all of the information on the form, including payment amounts, is
accurate. The FCC Form 159 can be completed electronically, but must be
filed with Mellon Bank via facsimile.

### Amount of Upfront Payment

In the *Part 1 Order*, the Commission delegated to the Wireless
Telecommunications Bureau the authority and discretion to determine
appropriate upfront payment(s) for each auction.[^58] In addition, in
the *Fifth Report and Order*, the Commission ordered that "former
defaulters," *i.e.*, applicants that have ever been in default on any
Commission license or have ever been delinquent on any non-tax debt owed
to any Federal agency, but that have since remedied all such defaults
and cured all of their outstanding non-tax delinquencies, be required to
pay upfront payments 50 percent greater than non-"former
defaulters."[^59] For purposes of this calculation, the "applicant"
includes the applicant itself, its affiliates, its controlling
interests, and affiliates of its controlling interests, as defined by
Section 1.2110 of the Commission's rules.[^60]

In the *Auction No. 81 Comment Public Notice*, we proposed that the
amount of the upfront payment would determine a bidder's initial bidding
eligibility, the maximum number of bidding units on which a bidder may
place bids.[^61] In order to bid on a construction permit, otherwise
qualified bidders that are designated in Attachment A of this public
notice for that construction permit must have a current eligibility
level that meets or exceeds the number of bidding units assigned to that
construction permit. At a minimum, therefore, an applicant's total
upfront payment must be enough to establish eligibility to bid on at
least one of the construction permits designated for that applicant in
Attachment A of this public notice, or else the applicant will not be
eligible to participate in the auction. An applicant does not have to
make an upfront payment to cover all construction permits designated for
that applicant in Attachment A of this public notice, but rather to
cover the maximum number of bidding units that are associated with
construction permits on which the bidder wishes to place bids and hold
provisionally winning bids at any given time.[^62]

In the *Auction No. 81 Comment Public Notice*, the Bureaus proposed
upfront payments for each construction permit, taking into account
various factors related to the efficiency of the auction process and the
potential value of similar spectrum. No comments were received;
therefore, we adopt our proposal. The specific upfront payments and
bidding units for each construction permit are specified in Attachment A
of this public notice.[^63]

In calculating its upfront payment amount, an applicant should determine
the **maximum** number of bidding units on which it may wish to be
active on (bid on or hold provisionally winning bids on) in any single
round, and submit an upfront payment amount covering that number of
bidding units. In order to make this calculation, an applicant should
add together the upfront payments for all construction permits on which
it seeks to be active in any given round.[^64] **Applicants should check
their calculations carefully, as there is no provision for increasing a
bidder's eligibility after the upfront payment deadline.**

  --------------- ------------- ---------------- --------------- --------------
  **Example:                                                     
  Upfront                                                        
  Payments and                                                   
  Bidding                                                        
  Flexibility**                                                  

  **Market        **Channel**   **Location**     **Bidding       **Upfront
  Number**                                       Units**         Payment**

  MX001           11            Port Arthur, TX  1,000           \$1,000

  MX007           43            Aberdeen, SD     1,000           \$1,000

  If a bidder                                                    
  wishes to bid                                                  
  on both                                                        
  construction                                                   
  permits in a                                                   
  round, it must                                                 
  be identified                                                  
  on Attachment A                                                
  for both and                                                   
  have purchased                                                 
  at least 2,000                                                 
  bidding units                                                  
  (1,000 +                                                       
  1,000). If a                                                   
  bidder only                                                    
  wishes to bid                                                  
  on one, but not                                                
  both,                                                          
  purchasing                                                     
  1,000 bidding                                                  
  units would                                                    
  meet the                                                       
  requirement for                                                
  either                                                         
  construction                                                   
  permit. The                                                    
  bidder would be                                                
  able to bid on                                                 
  either                                                         
  construction                                                   
  permit, but not                                                
  both at the                                                    
  same time.                                                     
  --------------- ------------- ---------------- --------------- --------------

Former defaulters should calculate their upfront payment by multiplying
the number of bidding units on which they wish to be active by 1.5.[^65]
In order to calculate the number of bidding units to assign to former
defaulters, the Commission will divide the upfront payment received by
1.5 and round the result up to the nearest bidding unit. If a former
defaulter fails to submit a sufficient upfront payment to establish
eligibility to bid on at least one of the construction permits
designated for that applicant in Attachment A of this public notice, the
applicant will not be eligible to participate in the auction.

### Applicant's Wire Transfer Information for Purposes of Refunds of Upfront Payments

The Commission will use wire transfers for all Auction No. 81 refunds.
To ensure that refunds of upfront payments are processed in an
expeditious manner, the Commission is requesting that all pertinent
information as listed below be supplied to the FCC. Applicants can
provide the information electronically during the remedial period
designated in this public notice. Wire Transfer Instructions can also be
manually faxed to the FCC, Financial Operations Center, Auctions
Accounting Group, ATTN: Gail Glasser, at (202) 418-2843. All refunds
will be returned to the payer of record as identified on the FCC Form
159 unless the payer submits written authorization instructing
otherwise. For additional information, please call Gail Glasser at (202)
418-0578.

Name of Bank

> ABA Number
>
> Address of Bank
>
> Contact and Phone Number
>
> Account Number to Credit
>
> Name of Account Holder
>
> FCC Registration Number (FRN)
>
> Taxpayer Identification Number (see below)
>
> Correspondent Bank (if applicable)
>
> ABA Number
>
> Account Number

Applicants should also note that implementation of the Debt Collection
Improvement Act of 1996 requires the FCC to obtain a Taxpayer
Identification Number (TIN) before it can disburse refunds.[^66]
Eligibility for refunds is discussed in Section V.E., *below*.

## Auction Registration

Approximately ten (10) days before the auction, the Commission will
issue a public notice announcing all qualified bidders for the auction.
Qualified bidders are those applicants whose FCC Form 175 applications
have been accepted for filing and have timely submitted upfront payments
sufficient to make them eligible to bid on at least one of the
construction permits for which they applied.

All qualified bidders are automatically registered for the auction.
Registration materials will be distributed prior to the auction by
overnight mail. **The mailing will be sent only to the contact person at
the contact address listed in the FCC Form 175 and will include the
SecurID cards which will be required to place bids (or access the FCC
Auction System) and the telephonic bidding phone number.**

Qualified bidders that do not receive this registration mailing will not
be able to submit bids. Therefore, any qualified bidder that has not
received this mailing by noon on Thursday, September 8, 2005, should
telephone (717) 338-2888. Receipt of this registration mailing is
critical to participating in the auction, and each applicant is
responsible for ensuring it has received all of the registration
material.

Qualified bidders should note that lost SecurID cards can be replaced
only by appearing **in person** at the FCC headquarters, located at 445
12^th^ St., SW, Washington, DC 20554. Only an authorized representative
or certifying official, as designated on an applicant's FCC Form 175,
may appear in person with two forms of identification (one of which must
be a government-issued photo identification) in order to receive
replacements. Qualified bidders requiring replacements must call
technical support prior to arriving at the FCC.

## Remote Electronic Bidding 

The Commission will conduct this auction over the Internet, and
telephonic bidding will be available as well. Qualified bidders are
permitted to bid telephonically and electronically through the FCC
Auction System, but each applicant should indicate its preference --
electronic or telephonic -- on the FCC Form 175. In either case, each
authorized bidder must have its own SecurID card, which the FCC will
provide at no charge. Each applicant with one authorized bidder will be
issued two SecurID cards, while applicants with two or three authorized
bidders will be issued three cards. For security purposes, the SecurID
cards, the telephonic bidding phone number, and the Integrated Spectrum
Auction System (ISAS) Bidder's Guide are only mailed to the contact
person at the contact address listed on the FCC Form 175.

Please note that each SecurID card is tailored to a specific auction;
therefore, SecurID cards issued for other auctions or obtained from a
source other than the FCC will not work for Auction No. 81. The SecurID
cards can be recycled, and we encourage bidders to return the cards to
the FCC. We will provide pre-addressed envelopes that bidders may use to
return the cards once the auction is over.

## Mock Auction --- September 12, 2005

All qualified bidders will be eligible to participate in a mock auction
on Monday, September 12, 2005. The mock auction will enable bidders to
become familiar with the FCC Auction System prior to the auction.
Participation by all bidders is strongly recommended. Details will be
announced by a future public notice.

# AUCTION EVENT

The first round of bidding for Auction No. 81 will begin on Wednesday,
September 14, 2005. The initial bidding schedule will be announced in a
public notice listing the qualified bidders, which is released
approximately ten (10) days before the start of the auction.

## Auction Structure

### Simultaneous Multiple Round Auction

In the *Auction No. 81 Comment Public Notice*, we proposed to award all
construction permits in Auction No. 81 in a simultaneous multiple round
auction.[^67] In a simultaneous multiple round auction, all construction
permits are available during the entire auction, and bids are accepted
on any construction permit until bidding in the auction concludes. We
received no comment on this proposal. We conclude that it is
operationally feasible and appropriate to auction the LPTV, television
translator and Class A television broadcast stations through a
simultaneous multiple round auction. We adopt our proposal. Unless
otherwise announced, bids will be accepted on all construction permits
in each round of the auction.

### Eligibility and Activity Rules 

In the *Auction No. 81 Comment Public Notice*, we proposed that the
amount of the upfront payment submitted by a bidder would determine the
initial (maximum) eligibility (as measured in bidding units) for each
bidder.[^68] We received no comments on this issue.

For Auction No. 81 we adopt this proposal. The amount of the upfront
payment submitted by a bidder determines initial bidding eligibility,
which is the maximum number of bidding units on which a bidder may place
bids. Note again that each construction permit is assigned a specific
number of bidding units equal to the upfront payment listed in
Attachment A of this public notice on a bidding unit per dollar basis.
Bidding units for a given construction permit do not change as prices
rise during the auction. A bidder's upfront payment is not attributed to
specific construction permits. Rather, a bidder may place bids on any
combination of construction permits as long as the total number of
bidding units associated with those construction permits does not exceed
its current eligibility. Eligibility cannot be increased during the
auction; it can only remain the same or decrease. Thus, in calculating
its upfront payment amount, an applicant must determine the maximum
number of bidding units on which it may wish to bid and hold
provisionally winning bids on in any single round, and submit an upfront
payment amount covering that total number of bidding units. **The total
upfront payment does not affect the total dollar amount a bidder may bid
on any given construction permit.**

In order to ensure that the auction closes within a reasonable period of
time, an activity rule requires bidders to bid actively throughout the
auction, rather than wait until late in the auction before
participating. Bidders in Auction No. 81 are required to be active on a
specific percentage of their current bidding eligibility during each
round of the auction.

A bidder's activity level in a round is the sum of the bidding units
associated with construction permits on which the bidder is active. A
bidder is considered active on a construction permit in the current
round if it is either the provisionally winning bidder at the end of the
previous bidding round and does not withdraw the provisionally winning
bid in the current round, or if it submits a bid in the current round
(*see* "Minimum Acceptable Bid Amounts and Bid Increment Amounts" in
Section IV.B.3, *below*). The minimum required activity is expressed as
a percentage of the bidder's current eligibility, and increases by stage
as the auction progresses. Because these activity and bidding unit
eligibility procedures have proven successful in maintaining the pace of
previous auctions (as set forth under "Auction Stages" in Section IV.A.3
and "Stage Transitions" in Section IV.A.4, *below*), we adopt them for
Auction No. 81.

### Auction Stages

In the *Auction No. 81 Comment Public Notice*, we proposed to conduct
the auction in two stages and employ an activity rule. We further
proposed that, in each round of Stage One, a bidder desiring to maintain
its current bidding eligibility would be required to be active on
construction permits representing at least 80 percent of its current
bidding eligibility.[^69] Finally, we proposed that in each round of
Stage Two, a bidder desiring to maintain its current bidding eligibility
would be required to be active on at least 95 percent of its current
bidding eligibility. We received no comments on this proposal.

We adopt our proposals for the activity rules and auction stages. Below
are the activity levels for each stage of the auction. The Bureaus
reserves the discretion to further alter the activity percentages before
and/or during bidding in the auction.

**Stage One:** During the first stage of the auction, a bidder desiring
to maintain its current bidding eligibility will be required to be
active on construction permits representing at least 80 percent of its
current bidding eligibility in each bidding round. Failure to maintain
the required activity level will result in a reduction in the bidder's
bidding eligibility for the next round of bidding (unless an activity
rule waiver is used). During Stage One, reduced eligibility for the next
round will be calculated by multiplying the bidder's current round
activity (the sum of bidding units of the bidder's provisionally winning
bids and bids during the current round) by five-fourths (5/4).

**Stage Two:** During the second stage of the auction, a bidder desiring
to maintain its current bidding eligibility is required to be active on
95 percent of its current bidding eligibility. Failure to maintain the
required activity level will result in a reduction in the bidder's
bidding eligibility for the next round of bidding (unless an activity
rule waiver is used). During Stage Two, reduced eligibility for the next
round will be calculated by multiplying the bidder's current round
activity (the sum of bidding units of the bidder's provisionally winning
bids and bids during the current round) by twenty-nineteenths (20/19).

**CAUTION**: Since activity requirements increase in Stage Two, bidders
must carefully check their activity during the bidding period of the
first round following a stage transition to ensure that they are meeting
the increased activity requirement. This is especially critical for
bidders that have provisionally winning bids and do not plan to submit
new bids. In past auctions, some bidders have inadvertently lost bidding
eligibility or used an activity rule waiver because they did not verify
their activity status at stage transitions. Bidders may check their
activity against the required activity level by either logging in to the
FCC Auction System or by accessing the "Bidder Summaries" on the public
results page.

Because the foregoing procedures for activity levels, bidding unit
eligibility and auction stages have proven successful in maintaining
proper pace in previous auctions, we adopt them for Auction No. 81.

### Stage Transitions

In the *Auction No. 81 Comment Public Notice*, we proposed that the
auction would generally advance to the next stage (*i.e.*, from Stage
One to Stage Two) when the auction activity level, as measured by the
percentage of bidding units receiving new provisionally winning bids, is
approximately 20 percent or below for three consecutive rounds of
bidding in Stage One. We further proposed that the Bureaus would retain
the discretion to change stages unilaterally by announcement during the
auction. We received no comments on this issue.

We adopt our proposal. Thus, the auction will start in Stage One and
will generally advance to the next stage (*i.e.*, from Stage One to
Stage Two) when, in each of three consecutive rounds of bidding, the
provisionally winning bids have been placed on 20 percent or less of the
construction permits being auctioned (as measured in bidding units). In
addition, the Bureaus will retain the discretion to regulate the pace of
the auction by announcement. As proposed in the *Auction No. 81 Comment
Public Notice*,[^70] this determination will be based on a variety of
measures of bidder activity, including, but not limited to, the auction
activity level, the percentages of construction permits (as measured in
bidding units) on which there are new bids,[^71] the number of new bids,
and the percentage increase in revenue. We believe that these stage
transition rules, having proven successful in prior auctions, are
appropriate for use in Auction No. 81.

### Activity Rule Waivers and Reducing Eligibility

In the *Auction No. 81 Comment Public Notice*, we proposed that each
bidder in the auction would be provided three activity rule waivers.
Bidders may use an activity rule waiver in any round during the course
of the auction.[^72] 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. Bidders may
use an activity rule waiver in any round during the course of the
auction. Use of an activity rule waiver preserves the bidder's current
bidding eligibility despite the bidder's activity in the current round
being below the required minimum activity level. An activity rule waiver
applies to an entire round of bidding and not to a particular
construction permit. Activity rule waivers can be either applied
proactively by the bidder (known as a "proactive waiver") or applied
automatically by the FCC Auction System (known as an "automatic waiver")
and are principally a mechanism for auction participants to avoid the
loss of bidding eligibility in the event that exigent circumstances
prevent them from placing a bid in a particular round. We are satisfied
that our use of three waivers over the course of the auction provides a
sufficient number of waivers and flexibility to the bidders, while
safeguarding the integrity of the auction.

The FCC Auction System assumes that bidders with insufficient activity
would prefer to apply an activity rule waiver (if available) rather than
lose bidding eligibility. Therefore, the system will automatically apply
a waiver at the end of any round where a bidder's activity level is
below the minimum required unless: (1) there are no activity rule
waivers available; or (2) the bidder overrides the automatic application
of a waiver by reducing eligibility, thereby meeting the minimum
requirements. If a bidder has no waivers remaining and does not satisfy
the required activity level, the bidder\'s eligibility will be
permanently reduced, possibly eliminating the bidder from further
bidding in the auction.

A bidder with insufficient activity that wants to reduce its bidding
eligibility rather than use an activity rule waiver must affirmatively
override the automatic waiver mechanism during the bidding round by
using the "reduce eligibility" function in the FCC Auction System. In
this case, the bidder's eligibility is permanently reduced to bring the
bidder into compliance with the activity rules as described in "Auction
Stages" (*see* Section IV.A.3 *above*). Once eligibility has been
reduced, a bidder will not be permitted to regain its lost bidding
eligibility.

Finally, a bidder may apply an activity rule waiver proactively as a
means to keep the auction open without placing a bid. If a bidder
proactively applies an activity rule waiver (using the "apply waiver"
function in the FCC Auction System) during a bidding round in which no
bids or withdrawals are submitted, the auction will remain open and the
bidder's eligibility will be preserved. However, an automatic waiver
applied by the FCC Auction System in a round in which there are no new
bids or withdrawals will not keep the auction open. The submission of a
proactive waiver cannot occur after a bidder has submitted a bid in a
round and will preclude a bidder from placing any bids later in that
round. **Note: Applying a waiver is irreversible; once a proactive
waiver is submitted that waiver cannot be unsubmitted, even if the round
has not yet closed.**

### Auction Stopping Rules

For Auction No. 81, the Bureaus proposed to employ a simultaneous
stopping rule approach.[^73] The Bureaus also sought comment on a
modified version of the simultaneous stopping rule. The modified version
of the stopping rule would close the auction for all construction
permits simultaneously after the first round in which no bidder applies
a waiver, places a withdrawal, or submits any new bids on any
construction permit on which it is not the provisionally winning bidder.
Thus, absent any other bidding activity, a bidder placing a new bid on a
construction permit for which it is the provisionally winning bidder
would not keep the auction open under this modified stopping rule.

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

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"). If the Bureaus invoke this special stopping
rule, it will accept bids in the specified final round(s) and the
auction will close.

We proposed to exercise this special stopping rule 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.[^74] 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, and/or increasing the amount of the minimum bid
increments for the limited number of construction permits where there is
still a high level of bidding activity.

We received no comments concerning the auction stopping rules; therefore
we adopt the above proposals. Auction No. 81 will begin under the
simultaneous stopping rule approach, and the Bureaus will retain the
discretion to invoke the other versions of the stopping rule. We believe
that these stopping rules are most appropriate for Auction No. 81,
because our experience in prior auctions demonstrates that the auction
stopping rules balance the interests of administrative efficiency and
maximum bidder participation.

### Auction Delay, Suspension, or Cancellation

In the *Auction No. 81 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 or competitive conduct of bidding.[^75]

Because our approach to notification of delay during an auction has
proven effective in resolving exigent circumstances in previous
auctions, we adopt our proposed auction cancellation rules. By public
notice or by announcement during the auction, the 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 or competitive conduct of 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 schedule of bidding rounds will be announced in the public
notice listing the qualified bidders, which is released approximately 10
days before the start of the auction. Each bidding round is followed by
the release of round results. Multiple bidding rounds may be conducted
in a given day. Details regarding round results formats and locations
will also be included in the qualified bidders public notice.

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 Bureaus 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

Section 309(j) of the Communications Act of 1934, as amended, calls upon
the Commission to prescribe methods by which a reasonable reserve price
will be required or a minimum opening bid established when applications
for FCC licenses 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.[^76] Consistent with this mandate, the Commission directed the
Bureaus to seek comment on the use of a minimum opening bid and/or
reserve price prior to the start of each auction.[^77] Among other
factors, the Bureaus 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 the spectrum being auctioned.[^78] The
Commission concluded that the Bureaus should have the discretion to
employ either or both of these mechanisms for future auctions.[^79] This
is consistent with policy applied in earlier spectrum auctions,
including Closed Broadcast Auctions Nos. 25, 27, and 54, AM Broadcast
Auction No. 32, and FM Broadcast Auction No. 37.

In the *Auction No. 81 Comment Public Notice*, the Bureaus proposed to
establish minimum opening bids for Auction No. 81, reasoning that a
minimum opening bid, successfully used in other broadcast auctions, is a
valuable tool, effectively regulating the pace of the auction.[^80]
Specifically, a minimum opening bid was proposed for each MX group
listed in Attachment A. The minimum opening bid amounts were determined
by taking into account various factors relating to the efficiency of the
auction and the potential value of the spectrum, including the type of
service and class of facility offered, market size, population covered
by the proposed LPTV, television translator or Class A television
broadcast facility, industry cash flow data, and recent broadcast
transactions. 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 awarding of
construction permits.[^81]

In the alternative, the Bureaus sought comment on whether, consistent
with the Section 309(j), the public interest would be served by having
no minimum opening bid or reserve price.[^82]

We adopt our proposed minimum opening bids for Auction No. 81. The
minimum opening bid amounts we adopt for Auction No. 81 are reducible at
the discretion of the Bureaus. We emphasize, however, that such
discretion will be exercised, if at all, sparingly and early in the
auction, *i.e.*, before bidders lose all waivers and begin to lose
substantial eligibility. During the course of the auction, the Bureaus
will not entertain requests to reduce the minimum opening bid amount on
specific construction permits.

The specific minimum opening bid amounts for each construction permit
available in Auction No. 81 are specified in Attachment A of this public
notice.

### Minimum Acceptable Bid Amounts and Bid Increment Amounts 

In the *Auction No. 81 Comment Public Notice*, we proposed to use a
minimum acceptable bid increment of 10 percent. This means that the
minimum acceptable bid amount for a construction permit will be
approximately 10 percent greater than the provisionally winning bid
amount for the construction permit. The minimum acceptable bid amount
will be calculated by multiplying the provisionally winning bid amount
times one plus the minimum acceptable bid percentage -- *i*.*e.*,
(provisionally winning bid amount) \* (1.10). We will round the result
using our standard rounding procedures.[^83] We further proposed to
retain the discretion to change the minimum acceptable bid amounts and
bid increments amounts if it determines that circumstances so
dictate.[^84] We received no comment on this issue. We adopt our
proposal and will begin the auction with a minimum acceptable bid
percentage of 10%.

In each round, each eligible bidder will be able to place a bid on a
particular construction permit for which it is designated in Attachment
A of this public notice in any of nine different amounts.[^85] The FCC
Auction System will list the nine acceptable bid amounts for each
construction permit. Until a bid has been placed on a construction
permit, the minimum acceptable bid amount for that construction permit
will be equal to its minimum opening bid amount.

The nine acceptable bid amounts for each construction permit consist of
the minimum acceptable bid amount and eight other bid amounts based on
the bid increment percentage. The first additional acceptable bid
amount, above the minimum acceptable bid amount, equals the minimum
acceptable bid amount times one plus the bid increment percentage,
rounded -- *e.g.*, if the bid increment percentage is 10 percent, then
the next bid amount will equal (minimum acceptable bid amount) \* 1.10,
rounded, the second additional acceptable bid amount equals the minimum
acceptable bid amount times one plus two times the bid increment
percentage, rounded, or (minimum acceptable bid amount) \* 1.20,
rounded; the third additional acceptable bid amount equals the minimum
acceptable bid amount times one plus three times the bid increment
percentage, rounded, or (minimum acceptable bid amount) \* 1.30,
rounded, etc. We will begin the auction with a bid increment percentage
of 10%. Note that the bid increment percentage need not be the same as
the minimum acceptable bid percentage.

In the case of a construction permit for which the provisionally winning
bid amount has been withdrawn,[^86] the minimum acceptable bid amount
will equal the amount of the second highest bid received for the
construction permit, which may be less than, or equal to, in the case of
tied bids, the amount of the withdrawn bid. The additional bid amounts
above the minimum acceptable bid amount are calculated using the bid
increment percentage as described in the previous paragraph.

The Bureaus retains the discretion to change the minimum acceptable bid
amounts, the minimum acceptable bid percentage, and the bid increment
percentage if it determines that circumstances so dictate. The Bureaus
will do so by announcement in the FCC Auction System. The Bureaus may
also use their discretion to adjust these amounts without prior notice
if circumstances warrant.

### Provisionally Winning Bids 

At the end of each bidding round, a provisionally winning bid amount
will be determined based on the highest bid amount received for each
construction permit. A high bid from a previous round is referred to as
a "provisionally winning bid." A "provisionally winning bid" will remain
the provisionally winning bid until there is a higher bid on the same
construction permit at the close of a subsequent round. Bidders are
reminded that the bidding units of provisionally winning bids are
counted as activity for purposes of the activity rule.[^87]

In the *Auction No. 81 Comment Public Notice*, the Bureaus proposed to
use a random number generator to select a provisionally winning bid in
the event of identical high bid amounts being submitted on a
construction permit in a given round (*i.e.*, tied bids).[^88] No
comments were received on this proposal. Therefore, the Bureaus adopt
their proposal. A Sybase® SQL pseudo-random number generator based on
the L'Ecuyer algorithms will be used to assign a random number to each
bid.[^89] The tied bid having the highest random number will become the
provisionally winning bid. Eligible bidders, including the provisionally
winning bidder, will be able to submit a higher bid in a subsequent
round. If no bidder submits a higher bid in subsequent rounds, the
provisionally winning bid from the previous round will win the
construction permit, unless that provisionally winning bid was
withdrawn. If any bids are received on the construction permit in a
subsequent round, the provisionally winning bid will once again be
determined based on the highest bid amount received for the construction
permit.

### Bidding

During a round, a bidder may submit bids for as many construction
permits as it wishes (subject to its eligibility), withdraw
provisionally winning bids from previous bidding rounds, remove bids
placed in the same bidding round, or permanently reduce eligibility.
Bidders also have the option of making multiple submissions and
withdrawals in each round. If a bidder submits multiple bids for a
single construction permit in the same round, the system takes the last
bid entered as that bidder's bid for the round. Bidders should note that
the bidding units associated with construction permits for which the
bidder has removed or withdrawn its bid do not count towards the
bidder's activity at the close of the round.

Please note that all bidding will take place remotely either through the
FCC Auction System 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, at least five to ten minutes are necessary to complete a
telephonic bid submission). There will be no on-site bidding during
Auction No. 81.

A qualified bidder's ability to bid on specific construction permits in
the first round of the auction is determined by two factors: (1) the
construction permits designated for that applicant in Attachment A of
this public notice, and (2) the upfront payment amount deposited. The
bid submission screens will allow bidders to submit bids on only those
construction permits for which the bidder\'s engineering proposal is
specified in the particular MX group as listed in the revised Attachment
A of this public notice. []{.mark}

In order to access the bidding function of the FCC Auction System,
bidders must be logged in during the bidding round using the password
generated by the SecurID card and a personal identification number (PIN)
created by the bidder. Bidders are strongly encouraged to print a "round
summary" for each round after they have completed all of their activity
for that round.

In each round, eligible bidders will be able to place bids on a given
construction permit in any of nine different amounts.[^90] For each
construction permit, the FCC Auction System interface will list the nine
acceptable bid amounts in a drop-down box. Bidders may use the drop-down
box to select from among the nine bid amounts. The FCC Auction System
also includes an "upload" function that allows bidders to upload text
files containing bid information.

Until a bid has been placed on a construction permit, the minimum
acceptable bid amount for that construction permit will be equal to its
minimum opening bid amount. Once there is a provisionally winning bid on
a construction permit, the FCC Auction System will calculate a minimum
acceptable bid amount for that construction permit for the following
round, as described in Section IV.B.3.

Finally, bidders are cautioned to select their bid amounts carefully
because, as explained in the following section, bidders that withdraw a
provisionally winning bid from a previous round, even if the bid was
mistakenly or erroneously made, are subject to bid withdrawal payments.

### Bid Removal and Bid Withdrawal

In the *Auction No. 81 Comment Public Notice*, the Commission proposed
bid removal and bid withdrawal procedures.[^91] With respect to bid
withdrawals, the Commission proposed limiting each bidder to withdrawals
in no more than one round during the course of the auction. The round in
which withdrawals are used would be at each bidder's discretion. We
received no comments on this issue. These procedures will enhance bidder
flexibility during the auction, and therefore we adopt them for Auction
No. 81.

In previous auctions, we have detected bidder conduct that, arguably,
may have constituted strategic bidding through the use of bid
withdrawals. While we continue to recognize the important role that bid
withdrawals play in an auction, *i.e.*, reducing risk associated with
efforts to secure various construction permits in combination, we
conclude that, for Auction No. 81, adoption of a limit on the use of
withdrawals to one round per bidder is appropriate. By doing so we
believe we strike a reasonable compromise that will allow bidders to use
withdrawals. Our decision on this issue is based upon our experience in
prior auctions, particularly the PCS D, E and F block, 800 MHz SMR, and
FM Broadcast auctions, and is in no way a reflection of our view
regarding the likelihood of any speculation or "gaming" in this auction.

The Bureaus will therefore limit the number of rounds in which bidders
may place withdrawals to one round. The round will be at the bidder's
discretion and there will be no limit on the number of bids that may be
withdrawn in the round. Withdrawals during the auction will be subject
to the bid withdrawal payments specified in 47 C.F.R. § 1.2104(g).
Bidders should note that abuse of the Commission's bid withdrawal
procedures could result in the denial of the ability to bid on a
construction permit.

**Procedures.** Before the close of a bidding round, a bidder has the
option of removing any bids placed in that round. By using the "remove
bids" function in the FCC Auction System, a bidder may effectively
"unsubmit" any bid placed within that round. A bidder removing a bid
placed in the same round is not subject to withdrawal payments. Removing
a bid will affect a bidder's activity for the round in which it is
removed, *i.e.*, a bid that is removed does not count toward bidding
activity.

Once a round closes, a bidder may no longer remove a bid. However, in
one later round, a bidder may withdraw any provisionally winning bids
from previous rounds using the "withdraw bids" function in the FCC
Auction System (assuming that the bidder has not reached its withdrawal
limit). A provisionally winning bidder that withdraws its provisionally
winning bid from a previous round during the auction is subject to the
bid withdrawal payments specified in 47 C.F.R. § 1.2104(g). **Note:
Submitting a withdrawal is irreversible; once a withdrawal is submitted
during a round, that withdrawal cannot be unsubmitted.**

If a provisionally winning bid is withdrawn, the minimum acceptable bid
amount will equal the amount of the second highest bid received for the
construction permit, which may be less than, or in the case of tied
bids, equal to, the amount of the withdrawn bid.[^92] To set the
additional bid amounts, the second highest bid amount also will be used
in place of the provisionally winning bid in the formula used to
calculate bid increment amounts. The Commission will serve as a "place
holder" provisionally winning bidder on the construction permit until a
new bid is submitted on that construction permit.

**Calculation.** Generally, the Commission imposes payments on bidders
that withdraw high bids during the course of an auction.[^93] If a
bidder withdraws its bid and there is no higher bid in the same or
subsequent auction(s), the bidder that withdrew its bid is responsible
for the difference between its withdrawn bid and the provisionally
winning bid in the same or subsequent auction(s).[^94] In the case of
multiple bid withdrawals on a single construction permit, within the
same or subsequent auctions(s), the payment for each bid withdrawal will
be calculated based on the sequence of bid withdrawals and the amounts
withdrawn. No withdrawal payment will be assessed for a withdrawn bid if
either the subsequent winning bid or any of the intervening subsequent
withdrawn bids, in either the same or subsequent auctions(s), equals or
exceeds that withdrawn bid. Thus, a bidder that withdraws a bid will not
be responsible for any withdrawal payments if there is a subsequent
higher bid in the same or subsequent auction(s).[^95] This policy allows
bidders most efficiently to allocate their resources as well as to
evaluate their bidding strategies and business plans during an auction
while, at the same time, maintaining the integrity of the auction
process. The Bureaus retain the discretion to scrutinize multiple bid
withdrawals on a single construction permit for evidence of
anti-competitive strategic behavior and take appropriate action when
deemed necessary.

Section 1.2104(g)(1) of the rules specifies the payment obligations of a
bidder that withdraws a high bid on a construction permit during the
course of an auction, and provides for the assessment of interim bid
withdrawal payments.[^96] As amended, Section 1.2104(g)(1) provides that
in instances in which bids have been withdrawn on a construction permit
that is not won in the same auction, the Commission will assess an
interim withdrawal payment equal to 3 percent of the amount of the
withdrawn bids. The 3 percent interim payment will be applied toward any
final bid withdrawal payment that will be assessed after subsequent
auction of the construction permit. Assessing an interim bid withdrawal
payment ensures that the Commission receives a minimal withdrawal
payment pending assessment of any final withdrawal payment. Section
1.2104(g) provides specific examples showing application of the bid
withdrawal payment rule.[^97]

### Round Results

Bids placed during a round will not be made public until the conclusion
of that bidding period. After a round closes, the Bureaus will compile
reports of all bids placed, bids withdrawn, current provisionally
winning bids, new minimum acceptable bid amounts, and bidder eligibility
status (bidding eligibility and activity rule waivers), and post the
reports for public access. Reports reflecting bidders' identities for
Auction No. 81 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 and stage transitions. All FCC auction announcements
will be available by clicking a link in the FCC Auction System.

# POST-AUCTION PROCEDURES

## Down Payments and Withdrawn Bid Payments

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

Within ten business days after release of the auction closing notice,
each winning bidder must submit sufficient funds (in addition to its
upfront payment) to bring its total amount of money on deposit with the
Commission for Auction No. 81 to 20 percent of the net amount of its
winning bids (gross bids less any applicable new entrant bidding
credits). In addition, by the same deadline, all bidders must pay any
bid withdrawal payments due under 47 C.F.R. § 1.2104(g), as discussed in
"Bid Removal and Bid Withdrawal," Section IV.B.6. (Upfront payments are
applied first to satisfy any withdrawn bid liability, before being
applied toward down payments.)

## Final Payments 

If a winning bidder\'s long-form application is uncontested, after the
termination of the pleading cycle for petitions to deny, the Commission
will issue a public notice announcing that it is prepared to grant the
winning bidder\'s long-form application.[^98] If a petition to deny is
filed within the pleading cycle for petitions to deny, and if the
petition to deny is dismissed or denied, the Commission will issue a
public notice announcing that it is prepared to grant the winning
bidder\'s long-form application promptly after the Media Bureau disposes
of any such petition to deny and is otherwise satisfied that the
applicant is qualified to hold the specified construction permit.[^99]
Within ten (10) business days after the date of the release of the
public notice announcing that the Commission is prepared to grant a
winning bidder\'s long-form application, each winning bidder will be
required to submit the balance of the net amount of its winning bids
(gross bids less any applicable new entrant bidding credits).[^100]
Broadcast construction permits will be granted only after the full and
timely payment of winning bids and any applicable late fees, in
accordance with 47 C.F.R. § 1.2109(a).

## Long-Form Application 

Within thirty business days after release of the auction closing notice,
winning bidders must electronically submit a properly completed FCC Form
346 or FCC Form 301-CA, as appropriate, for each construction permit won
through Auction No. 81. Winning bidders claiming new entrant status must
include an exhibit demonstrating their eligibility for the bidding
credit.[^101] Further filing instructions will be provided to auction
winners at the close of the auction.[^102]

## Default and Disqualification

Any high bidder that defaults or is disqualified after the close of the
auction (*i.e.*, fails to remit the required down payment within the
prescribed period of time, fails to submit a timely long-form
application, fails to make full payment, or is otherwise disqualified)
will be subject to the payments described in 47 C.F.R. §
1.2104(g)(2).[^103] In such event the Commission may re-auction the
construction permit or offer it to the next highest bidder (in
descending order) at its final bid.[^104] In addition, if a default or
disqualification involves gross misconduct, misrepresentation, or bad
faith by an applicant, the Commission has the discretion to 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.[^105]

## Refund of Remaining Upfront Payment Balance 

All applicants that submit upfront payments but are not winning bidders
for a construction permit in Auction No. 81 may be entitled to a refund
of their remaining upfront payment balance after the conclusion of the
auction. No refund will be made unless there are excess funds on deposit
from the applicant after any applicable bid withdrawal payments have
been paid. All refunds will be returned to the payer of record, as
identified on the FCC Form 159, unless the payer submits written
authorization instructing otherwise.

Bidders that drop out of the auction completely may be eligible for a
refund of their upfront payments before the close of the auction.
Qualified bidders that have exhausted all of their activity rule
waivers, have no remaining bidding eligibility, and have not withdrawn a
provisionally winning bid during the auction must submit a written
refund request. If you have completed the refund instructions
electronically, then only a written request for the refund is necessary.
If not, the request must also include wire transfer instructions and FCC
Registration Number (FRN). Send refund requests to:

Federal Communications Commission

Financial Operations Center

Auctions Accounting Group

Gail Glasser

445 12th Street, SW, Room 1-C864

Washington, DC 20554

Bidders are encouraged to file their refund information electronically
using the **Refund Information** icon in the FCC Form 175, but bidders
can also fax their information to the Auctions Accounting Group at (202)
418-2843. Once the information has been approved, a refund will be sent
to the payer of record, as identified on the FCC Form 159.

> NOTE: Refund processing generally takes up to two weeks to complete.
> Bidders with questions about refunds should contact Gail Glasser at
> (202) 418-0578.

**Media Contact:**

For press inquiries: Lauren Patrich at (202) 418-7944

**Video Division, Media Bureau:**

For service rule questions: Shaun Maher or Hossein Hashemzadeh at (202)
418-1600

**Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau:**

For legal questions: Lynne Milne at (202) 418-0660

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

To request materials in accessible formats (Braille, large print,
electronic files, audio format) for people with disabilities, send an
e-mail to <fcc504@fcc.gov> or call the Consumer and Governmental Affairs
Bureau at (202) 418-0530 or (202) 418-0432 (TTY).

\- FCC -

# Attachment A 

This page was intentionally inserted as a placeholder for Attachment A,
which is available as a separate file in Microsoft^®^ Excel format.

# attachment B

FCC AUCTION SEMINAR REGISTRATION FORM

Auction No. 81

The FCC will sponsor a one-day seminar for Auction No. 81 applicants.
The seminar is free of charge and will provide information about
pre-auction procedures, service and auction rules, conduct of the
auction, and the FCC Auction System.

Representatives from each company may attend on a reservation basis,
first-come first-served until room capacity is filled. The seminar will
be held:

Friday, June 24, 2005

Federal Communications Commission

445 12th Street, SW

Washington, DC 20554

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

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

If hotel accommodations are needed

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

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

To register, complete the form below and

return no later than

Tuesday, June 21, 2005, by fax to:

FCC Auction 81

Auctions and Spectrum Access Division

1270 Fairfield Road

Gettysburg, PA 17325-7245

FAX: (717) 338-2850

Phone: (717) 338-2888

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

I/We will attend the Auction No. 81 Seminar, scheduled for Friday, June
24, 2005.

Name of attendee:

Name of attendee:

Company name:

Company address:

Phone: Fax:

# Attachment C 

ELECTRONIC REVIEW AND UPDATING

OF THE FCC FORM 175

Applicants seeking construction permits available in Auction No. 81
filed electronic FCC Form 175, the short-form application to participate
in Commission auctions, prior to the August 4, 2000 filing deadline.
Since August 4, 2000, the Commission has revised rules applicable to
applicants to participate in Commission auctions, as well as the format
of FCC Form 175. Information applicants previously submitted in FCC Form
175 that remains relevant under current rules will be displayed in the
new format of FCC Form 175, to the extent feasible.

Given changes since August 4, 2000, all applicants will need to provide
some additional information in Form 175 to comply with current
Commission rules; all applicants should review Form 175 to assure that
all relevant information is provided; and some applicants may need to
update information previously submitted to keep their FCC Form 175's
accurate and complete. To accommodate these needs, the Commission will
open a remedial filing window to allow applicants to provide required
new information in FCC Form 175 and to review, update, and confirm
previously submitted information.

Applicants may review the information previously submitted, now
displayed in the new format of the FCC Form 175, to the extent feasible,
and remedy any insufficiencies in the information provided, beginning
noon ET, June 24, 2005, and until 6:00 p.m. ET, July 8, 2005. **Note:
Applicants should not include their Taxpayer Identification Number (TIN)
or other sensitive information on any exhibit or attachment to be
uploaded.** Contents of exhibits or attachments become available for
public access upon release of the public notice concerning the status of
the Auction No. 81 applications.

Applicants are reminded that all information required in connection with
applications to participate in spectrum auctions is necessary to
determine the applicants\' qualifications, and as such will be available
for public inspection. If necessary, applicants may request that
information submitted not be made routinely available for public
inspection following the procedures established in 47 C.F.R. § 0.459.
Pursuant to Section 0.459(a), such requests must be included as an
attachment to the FCC Form 175 and identify the information to which the
request applies. Because the required information bears on applicants\'
qualifications, confidentiality requests will not be routinely granted.

**New Information**

Pursuant to current Commission rules, all applicants now must submit a
statement, under penalty of perjury, regarding whether they, their
affiliates, their controlling interests, and any affiliates of their
controlling interests have ever been in default on any Commission
license or have ever been delinquent on any non-tax debt owed to any
Federal agency.[^106] Applicants associated with a relevant entity that
has been in default or delinquent may participate in an auction, if
otherwise qualified. However, such applicants must submit an upfront
payment equal to 50 percent more than otherwise required.[^107]

The new format of FCC Form 175 provides a screen where the applicant
must select a statement describing the status of the applicant and
related entities regarding former defaults and delinquencies. In
addition, because the statement must be made under penalty of perjury,
applicants must submit an attachment identifying the party responsible
for making the statement on behalf of the applicant. The party may be
the same party that certified the FCC Form 175 when previously
submitted. (Section 5, Attaching Additional Information, describes how
to add and submit an attachment.)

**Previously Submitted Information**

**Applicants are reminded that they are not permitted to make major
modifications to their applications (e.g., change their permit
selections, change control of the applicant, or seek additional bidding
credit eligibility).**[^108]

Applicants to participate in Auction No. 81 originally submitted FCC
Form 175 by filling in fields of data to create an information profile
and by providing other required information in free-form attachments to
the application. The current FCC Form 175 requests much of the
information previously provided in free-form attachments in new data
fields, thereby standardizing information provided and reducing the
number of incomplete applications filed. Information entered in data
fields in the prior FCC Form 175 will be displayed in the format of the
new FCC Form 175. However, information previously provided in free-form
attachments to FCC Form 175 cannot be automatically transferred to the
data fields in the new FCC Form 175. Accordingly, the information
previously filed in attachments to FCC Form 175 remains in attachments
to each applicant's FCC Form 175.

To simplify reviewing, updating, and confirming information previously
submitted in FCC Form 175 for Auction No. 81, the Commission will
continue to use attachments with respect to certain information in FCC
Form 175 for Auction No. 81. In particular, the Commission will continue
to accept information in free-form attachments regarding bidding
agreements and ownership information.

For purposes of Auction No. 81, the Commission will not use the series
of screens in the newly formatted FCC Form 175 that provide data fields
related to bidding agreements and ownership. Instead, applicants may
rely on their previously filed attachments providing such information.
To the extent that applicants need to make any changes to information
contained in such attachments, they may do so by uploading new
attachments. Applicants should note that they may view their previously
filed attachments, but to keep the original filing intact, applicants
may not delete any previously filed attachments during the remedial
filing window.

To avoid any uncertainties that might arise from contradictory
attachments, the Commission will treat any new attachment as superceding
the original attachment. Accordingly, applicants should repeat all the
information that continues to remain accurate in any new attachment.
This can be done by copying all the information in the original
attachment and then making any necessary edits. For example, if an
applicant needed to change an address in an attachment providing
ownership information, the applicant should make a copy of the original
attachment, revise the relevant address, and upload all the information
as a new attachment.

Applicants that claim eligibility for new entrant bidding credits will
see the amount of the claimed credit displayed in screens that are part
of the new format of FCC Form 175. Applicants that claim eligibility for
a twenty-five percent (25%) new entrant bidding credit previously
provided information regarding their claimed eligibility, including
information regarding attributable mass media facilities in the same
area as construction permits available in the auction, in an attachment
to FCC Form 175. Applicants claiming eligibility for a twenty-five
percent (25%) new entrant bidding credit now must provide such
information regarding their claimed eligibility in data fields that are
part of the new format of FCC Form 175.

Unlike information regarding bidding arrangements and ownership,
information regarding same area facilities for participants claiming a
twenty-five percent (25%) new entrant bidding credit directly affects
bidding, because the location of the same area facilities affects
whether the applicant is eligible for the new entrant bidding credit on
a permit-by-permit basis. That is, the applicant's credit may vary by
permit during the auction. The new format of FCC Form 175 has been
integrated with the Commission's bidding system, so that this
information is reflected in results during the course of bidding.
Accordingly, applicants claiming eligibility for a twenty-five percent
(25%) new entrant bidding credit now must enter information regarding
same area facilities in the data fields in FCC Form 175. Providing such
information in an attachment is not sufficient and applicants will not
be able to submit an updated FCC Form 175 without providing the
information in the new format.

**Reviewing and Submitting FCC Form 175**

Applicants must submit their FCC Form 175 applications electronically,
via the Internet. **FCC Form 175 applications must be submitted and
confirmed before 6:00 p.m. ET on Friday, July 8, 2005.** Late
applications or unconfirmed submissions of electronic data will not be
accepted.

Applicants may make changes to their FCC Form 175 applications multiple
times and until the close of the filing window. However, applicants must
press the **SUBMIT** button in the FCC Auction System for the changes to
be submitted and considered by the Commission.

## Software Requirements {#software-requirements .unnumbered}

Applicants are reminded to meet the following minimum software
requirements:

-   Web Browser, either of the following:

```{=html}
<!-- -->
```
-   Microsoft® Internet Explorer 6.0 or higher (recommended). Your
    browser must have either Microsoft VM or Java Plug-In Version
    1.4.2_05 installed.

-   Netscape® Communicator™ 6.0 or higher, with Java Plug-In Version
    1.4.2_05.

> Java Plug-In Version 1.4.2_05 is available for downloading at
> ***<http://java.sun.com/products/archive/j2se/1.4.2_05/index.html>***
> (choose the JRE version).

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

## Logging On

To submit an FCC Form 175 application electronically via the Internet,
start your web browser and point it to either <http://auctions.fcc.gov/>
(primary location) or <http://auctions2.fcc.gov/> (secondary location).
Once on the FCC *Integrated Spectrum Auction System* page, applicants
may log in using their FRNs and passwords. On the *My Auctions* page,
click the Enter Auction Application Manager link and select the Auction
81 link to view/update your electronic FCC Form 175.

## Application Filing Instructions

The on-line FCC Form 175 requests information needed to determine
whether an applicant qualifies to participate in competitive bidding for
Commission licenses or construction permits.[^109] Pursuant to Section
1.2105(a), FCC Form 175 must be submitted electronically. For purposes
of Auction No. 81, the screens comprising FCC Form 175 consist of four
series, each requesting four separate types of information: 1)
*Applicant Information*; 2) *Permit Selection*; 3) *New Entrant
Eligibility*; and 4) *Certify and Submit*. In addition, *Summary*
screens, a fifth series, appear prior to the *Certify and Submit*
screens. The *Summary* screens provide an overview of an applicant's FCC
Form 175 that facilitates reviewing and revising specific information,
as well as an automated check for certain inconsistencies and omissions
in submitted information.

To simplify filling out FCC Form 175, certain initial information
applicants provide will be used to determine what additional information
is needed. In such circumstances, the applicant's initial information
will determine what subsequent screens appear as part of FCC Form 175.
For example, a corporate applicant, unlike an individual applicant, must
identify a corporate officer or director responsible for the
application. If initial information identifies an applicant as an
individual, no additional information is needed regarding an additional
responsible party. Consequently, in such case, screens requesting
information regarding a responsible party will not appear. However, if
initial information identifies an applicant as a corporation, subsequent
screens in the FCC Form 175 will ask for information regarding the
responsible party for the application. Accordingly, at points in the
process of filling out FCC Form 175, applicants must provide initial
information before they can proceed to subsequent screens.

Applicants should be able to fill out FCC Form 175 by following the
instructions below. Additional help in filling out FCC Form 175 can be
accessed from FCC Form 175 in two ways: 1) by clicking on the **Help**
link in the upper right of any screen, which will open Auction
Application Online Filing Help; or 2) by clicking on the text of any
**Common Question** link appearing on the right side of the screen. The
common questions displayed relate to the current screen and vary from
screen to screen. Additional information is provided in the Procedures
Public Notice. In the event the assistance provided by these sources is
insufficient, filers should use the contact information provided in the
Procedures Public Notice to obtain additional assistance.

### Applicant Information

The *Applicant Information* screens are the first series of screens in
FCC Form 175. In the *Applicant Information* screens, the applicant may
view information regarding the applicant's legal classification, *e.g*.,
individual, corporation, etc.; optional information regarding the
applicant's status as a minority- or woman-owned business or as a rural
telephone company; the applicant's name, which will be the bidder name
during the auction, citizenship (or jurisdiction of formation for legal
entities) and address; for applicants that are legal entities, *e.g*.,
corporations and partnerships, the name and related information
regarding the entity's responsible individual; the name and address of a
contact person for communicating with the Commission regarding the
applicant's FCC Form 175; the names of up to three persons authorized to
bid for the applicant in the auction; the applicant's preference for
electronic or telephonic bidding; and whether the applicant claims
eligibility for certain types of bidding credits.[^110]

Each screen will specify the information that the applicant must
provide. Please note the following with respect to particular
information requested:

-   Applicants must indicate their legal classification before
    continuing to subsequent screens, because the legal classification
    will determine which subsequent screens will appear.

-   A P.O. Box may not be used for an applicant's address.

-   To simplify filling out FCC Form 175, applicants that have the same
    address as their contact person can click on the **COPY APPLICANT
    ADDRESS** button to automatically fill in the contact person's
    address. P.O. Boxes may not be used for a contact person's address.

-   Applicants must identify at least one authorized bidder. Applicants
    may change their authorized bidders at a later date.

-   Any qualified bidder may bid either via the Internet or telephone
    during the auction. Specifying a preference for electronic or
    telephonic bidding helps the Commission determine the staff required
    for telephonic bidding

### Permit Selection

The *Permit Selection* screens make up the second series of screens in
FCC Form 175. The initial *Permit Selection* screen will be the
View/Edit *Permit Selection* screen. This screen lists the permits
previously selected for this auction. Because the initial deadline for
filing FCC Form 175 has passed, applicants will not be able to change
their selections. Applicants are not obligated to bid on all permits
previously selected; however, applicants will not be able to bid on any
permits for which the applicant\'s engineering proposal is not specified
in the particular mutual exclusivity group as listed in Attachment A of
this public notice.[^111]

### New Entrant Eligibility

The *New Entrant Eligibility* screens make up the third series of
screens in FCC Form 175. On the initial screen, applicants will view
whether they previously indicated they are not claiming the New Entrant
bidding credit; are claiming a New Entrant bidding credit of 35%; or are
claiming a New Entrant bidding credit of 25%.

Applicants indicating either that no New Entrant bidding credit is
claimed or a New Entrant bidding credit of 35% is claimed will not need
to provide additional information in FCC Form 175 regarding their
claimed New Entrant bidding credit. Such applicants will continue to the
next series of screens.

Applicants claiming a New Entrant bidding credit of 25%, however, will
provide additional information. Such applicants will continue to a
screen to provide information regarding mass media facilities in which
the applicant or a party with an attributable interest in the applicant
has an interest. Applicants will identify the mass media facility; the
party with an interest in the facility; the interest in the facility;
and whether any proposed broadcast facilities are in the 'same area' as
existing mass media facilities, as defined by applicable Commission
rules. *See* 47 C.F.R. §§ 73.5007, 5008. In the event that the applicant
indicates that any of the proposed broadcast facilities are in the 'same
area' as the identified mass media facility, the applicant will continue
to an additional screen where the applicant will indicate which proposed
broadcast facilities in the auction are in the same area as the
identified mass media facility.

Once the applicant has identified all relevant mass media facilities,
and all proposed broadcast facilities in the 'same area' as each
relevant mass media facility, applicants will continue to the View/Edit
All Facilities screen. This screen lists the applicant's claimed New
Entrant bidding credit of 25%, the relevant mass media facilities, and
the proposed broadcast facilities in the 'same area' facilities as each
relevant mass media facility. From this screen, options include:

-   Clicking the **Edit** icon or the **Modify bidding credit
    selection** link to return to the initial New Entrant eligibility
    screen.

-   Modifying information about relevant mass media facilities by
    clicking on them.

-   Clicking the **Delete This Facility** link to delete a facility and
    identified proposed broadcast facilities in the 'same area.'

-   Modifying information regarding a proposed broadcast facility by
    clicking on its identifier.

-   Clicking the **Remove** icon next to information about a particular
    proposed broadcast facility in the 'same area' to remove the
    corresponding facility.

-   Clicking the **Add a proposed 'Same Area' Facility to \[an existing
    mass media facility\]** link to add a new proposed broadcast
    facility in the 'same area.'

-   Clicking the **CREATE NEW MASS MEDIA FACILITY** button to add
    additional mass media facilities.

When all relevant mass media facilities and proposed broadcast
facilities in the 'same area' as each relevant mass media facility have
been identified, click the **CONTINUE** button.

### Summary

The *Summary* screens are the fourth series of screens in FCC Form 175.
The *Summary* screens summarize information applicants have provided in
previous screens, offering an overview of an applicant's FCC Form 175 to
help you locate specific information. The *Summary* screens will appear
prior to the *Certify and Submit* screens, in order to permit the
applicant to review all the information entered in previous screens and
to provide an opportunity to check for errors in the information
submitted.

The first *Summary* screen, the *Summary Overview* screen, lists the
first three series of screens in the application and provides a
**VIEW/EDIT** button to access each one. Here is what happens if you
click **VIEW/EDIT** for each series:

-   Clicking **VIEW/EDIT** for Applicant Information produces a *Detail
    for Applicant Information* screen showing what you entered for each
    data entry field. To change any data item, click the **Edit** icon
    for the relevant data field.

-   Clicking **VIEW/EDIT** for Permit Selection takes you to the
    *View/Edit Permit Selection* screen discussed above in the Permit
    Selection section.

-   Clicking **VIEW/EDIT** for New Entrant Eligibility takes you to the
    *View/Edit New Entrant Eligibility* screen discussed above in the
    New Entrant Eligibility section.

Clicking on the **CHECK ERRORS** button initiates an automated check of
the application. If the automated check encounters any errors that must
be corrected before submitting the application, the error(s) will be
listed in an Error box at the top of the screen. To correct one of these
errors, click its corresponding **EDIT** button. In addition, if the
automated check encounters any apparent errors that might render the
application incomplete if the application is submitted with current
information, the apparent error will be listed in a Warning box. To
revise the information related to the apparent error, click its
corresponding **EDIT** button.

Applicants are solely responsible for providing complete and accurate
information in FCC Form 175. The automated check is provided to assist
applicants in completing FCC Form 175. However, the automated check
cannot be relied upon to determine whether the information provided in
the FCC Form 175 is complete or accurate; the automated check may not
catch all errors or apparent errors and applicants cannot rely on the
automated check to determine the completeness or the accuracy of
submitted information.

If the automated check does not encounter any errors, a box will appear
displaying the message "**No Errors found - You may continue to Certify
and Submit.**" Applicants may then click the **CONTINUE TO CERTIFY**
button.

### Attaching Additional Information

If an applicant needs to provide additional information not requested
directly in the screens comprising the FCC Form 175, additional
information can be provided in an attachment. For purposes of Auction
No. 81, applicants can update or revise information in previously
submitted attachments in a new attachment that will supercede the
previously submitted one. Applicants should note that they may view
their previously filed attachments, but to keep the original filing
intact, applicants may not delete any previously filed attachments
during the remedial filing window.

The screen for adding an attachment to FCC Form 175 can be accessed by
clicking on the **Attachments** link in the upper right of any screen.
The *Add Attachment* screen requests information regarding the type of
attachment to be added, the name of the file to be attached, and a brief
description of the attachment. If the attachment is a request for a
waiver of any of the Commission's rules or procedures, the applicant
should identify the "Type" of attachment as a "Waiver" to facilitate
prompt processing. For purposes of Auction No. 81, applicants should
identify the "Type" of attachment for any other attachment as "Other."
Once the requested information is provided, applicants can add the
attachment to the application by clicking on the **ADD ATTACHMENT**
button.

A list of any attachments already uploaded along with the applicant's
FCC Form 175 appears at the bottom of the screen.

When uploading attachments, applicants may use a variety of file
formats\-- including (but not limited to) Word 2000 or earlier,
WordPerfect 5.x or later, Adobe PDF, and ASCII text\--and must verify
that the files contain all exhibit information. Files may be no larger
than 10 Mb. Graphics files (e.g., .bmp, .tiff, .jpg) and spreadsheets
(e.g., Excel, Lotus) are supported but not recommended. Files must not
be password-protected.

### Certify and Submit

The *Certify and Submit* screens are the fifth and final series of
screens in FCC Form 175. In the *Certify and Submit* screens, applicants
will provide certifications required of all participants in the
Commission's competitive bidding.[^112]

The first *Certify and Submit* screen requires applicants to indicate
whether they, their affiliates, their controlling interests, and any
affiliates of their controlling interests have ever been in default on
any Commission license or have ever been delinquent on any non-tax debt
owed to any Federal agency.[^113] Applicants associated with a relevant
entity that has been in default or delinquent may participate in an
auction, if otherwise qualified. However, such applicants must submit an
upfront payment equal to 50 percent more than otherwise required.[^114]

> **Note:** As mentioned in the New Information section at the beginning
> of this document, every applicant must submit an attachment
> identifying the party responsible for making the statement regarding
> former defaults and delinquencies.

The second *Certify and Submit* screen lists the certifications required
of all applicants in the Commission's competitive bidding and displays
the applicant's certifying official and electronic signature.

Once the two *Certify and Submit* screens have been filled out and
reviewed, the application may be submitted by clicking on the **SUBMIT**
button. **Note: Applicants must click the SUBMIT button for changes to
be submitted and considered by the Commission.**

After the application has been submitted, a confirmation screen will be
displayed that states the submission time and date, along with a unique
file number. It is recommended that you print a copy of the confirmation
page for your records. You may then view and print a copy of your
submitted application by clicking on Print Preview.

### Updating Previously Submitted Information in the Form 175

Once you have logged into the Auction Application Manager, the *Create
or Review Auction Applications* page displays any application you have
created or submitted within a filing window. **Note:** This page shows
the application status, the date and time the application was last
updated; and the date and time the application was last submitted. You
may use this page as a reference to confirm the date and time of your
most recent submission of the application.

To review or continue working on an existing application, click its
auction number. This produces the application's Summary page and places
you in a view/edit mode. Applicants must go to the *Certify and Submit*
screens and click the **SUBMIT** button to submit any changes made to
their Form 175. After the revised application has been submitted, a
confirmation page will be displayed that states the submission time and
date, along with your unique file number. It is recommended that you
print a copy of the confirmation page for your records. You may then
view and print a copy of your submitted application by clicking on Print
Preview.

Applicants will not be permitted to make major modifications to their
applications (*e.g*., change their permit selections, change control of
the applicant, or seek additional bidding credit eligibility).[^115]

### Upfront Payment Calculator and Form 159 

You may access the **Upfront Payment Calculator and Form 159** icon from
the *Create or Review Auction Applications* page or from the *Auction
Application Submit Confirmation* page. When you click the **Upfront
Payment Calculator and Form 159** icon or link, a page will be displayed
where you can determine the appropriate upfront payment amount to submit
with the Form 159. From the *Calculate Upfront Payment* page, you may
click the **Carry to 159** button to obtain the Form 159.

### Refund of Upfront Payment 

On *My Auctions* page, click on the **See Wire Transfer for Refund
Purposes** link to provide your wire transfer instructions for purposes
of refunds of upfront payments. The Commission will use this information
to refund excess funds on deposit upon receipt of a written refund
request.

## Application Review

Once the FCC has completed the 175 Application Review process, you can
view FCC Form 175 applications electronically by searching for them in
the FCC Auction System. Start your web browser and point it to either
[***http://auctions.fcc.gov/***](http://auctions.fcc.gov/) (primary
location) or
[***http://auctions2.fcc.gov/***](http://auctions2.fcc.gov/) (secondary
location). Click the **Auction Applications** link in the Public Access
area on the FCC Integrated Spectrum Auction System page to start your
search.

## Technical Support

For technical assistance with using FCC software, contact the FCC
Technical Support Hotline at (877) 480-3201, option nine; (202)
414-1250; or (202) 414-1255 (TTY). The FCC Technical Support Hotline is
available Monday through Friday from 8 a.m. to 6 p.m. ET. **All calls to
the FCC Technical Support Hotline are recorded.**

FCC Technical Support can also be contacted electronically by filling
out a help request form at <https://esupport.fcc.gov/request.htm>.

[]{.mark}

[]{.mark}

# Attachment D

AUCTION-SPECIFIC INSTRUCTIONS FOR

FCC REMITTANCE ADVICE (FCC FORM 159-February 2003 Edition)

## Upfront Payments

The following information supplements the standard instructions for FCC
Form 159 (Revised 2/03), and is provided to help ensure correct
completion of FCC Form 159 for upfront payments for Auction No. 81.
Applicants need to complete FCC Form 159 carefully, because:

-   **Mistakes may affect bidding eligibility; and**

```{=html}
<!-- -->
```
-   **Lack of consistency between information provided in FCC Form 159
    (Revised 2/03), FCC Form 175, long-form application, and
    correspondence about an application may cause processing delays.**

    Therefore appropriate cross-references between the FCC Form 159
    Remittance Advice and the

Short Form Application (FCC Form 175) are described below:

Block

Number Required Information

> 1 LOCKBOX \# - Enter "358405"
>
> 2 Payer Name - Enter the name of the person or company making the
> payment.
>
> If the applicant itself is the payer, this entry would be the same as
> FCC Form 175.

3.  Total Amount Paid - Enter the amount of the upfront payment
    associated with the

> FCC Form 159 (Revised 2/03).

8.  Street Address, City, State, ZIP Code - Enter the street mailing
    address (**not Post Office box number**) where mail should be sent
    to the payer. If the applicant is the payer, these entries would be
    the same as FCC Form 175 from the Applicant Information section.

> 9 Daytime Telephone Number - Enter the telephone number of a person
> knowledgeable about this upfront payment.

10. Country Code - For addresses outside the United States, enter the
    appropriate postal country code (available from the Mailing
    Requirements Department of the U.S. Postal Service).

> 11 Payer FRN - Enter the payer's ten-digit FCC Registration Number
> (FRN) registered in the Commission Registration System (CORES).
>
> 21 Applicant FRN (Complete only if applicant is different than payer.)
> -- Enter the
>
> applicant\'s ten-digit FCC Registration Number (FRN) registered in the
> Commission Registration System (CORES).
>
> 24A Payment Type Code - Enter "A81U"
>
> 25A Quantity - Enter the number "1"
>
> 26A Fee Due - Amount of Upfront Payment
>
> 27A Total Fee - Will be the same amount as 26A.
>
> 28A FCC Code 1 - Enter the number "81" (indicating Auction No. 81).

NOTES:

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

-   If applicant is different from the payer, complete blocks 13 through
    21 for the applicant, using the same information shown on FCC
    Form 175. Otherwise leave them blank.

-   Since credit card payments will not be accepted for this auction,
    leave Section E blank.

## Winning Bidder Requirements, Down Payments and Final Payments

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

# ATTACHMENT E

SUMMARY LISTING OF COMMISSION AND BUREAU DOCUMENTS ADDRESSING
APPLICATION OF THE ANTI‑COLLUSION RULE

## Commission Decisions:

Implementation of Section 309(j) of the Communications Act- Competitive
Bidding, PP Docket No. 93‑253, FCC 94‑61, *Second Report and Order*, 9
FCC Rcd 2348, 2386‑2388 ¶¶ 221‑226 (1994).

Implementation of Section 309(j) of the Communications Act - Competitive
Bidding, *Fifth Report and Order,* PP Docket No. 93‑253, 9 FCC Rcd 5532,
5570‑5571 ¶¶ 91-92 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Fourth Memorandum Opinion and Order*, PP Docket
No. 93‑253, 9 FCC Rcd 6858, 6866‑6869 ¶¶ 47-60 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Second Memorandum Opinion and Order*, PP Docket
No. 93‑253, 9 FCC Rcd 7245, 7253‑7255 ¶¶ 48-55 (1994).

Implementation of Section 309(j) of the Communications Act --
Competitive Bidding, *Memorandum Opinion and Order*, PP Docket No.
93‑253, 9 FCC Rcd 7684, 7687‑7689 ¶¶ 8-12 (1994).

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

Applications of Mercury PCS II, LLC, *Notice of Apparent Liability for
Forfeiture,* 12 FCC Rcd 17970 (1997); Application of Mercury PCS II,
L.P. for Facilities in the Broadband PCS D, E and F Blocks, *Memorandum
Opinion and Order*, 13 FCC Rcd. 23755 (1998).

Amendment of Part 1 of 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,
*Third Report and Order and Second Further Notice of Proposed Rule
Making,* 13 FCC Rcd 374, 463‑469 ¶¶ 155-166 (1997).

Application of US West Communications, Inc., *Notice of Apparent
Liability for Forfeiture,* 13 FCC Rcd 8286 (1998); Notice of Apparent
Liability for Forfeiture of US West Communications, Inc., *Order*, FCC
99-90 (May 7, 1999).

Application of Western PCS BTA I Corporation, *Notice of Apparent
Liability for Forfeiture, FCC* 98‑42 (March 16, 1998); Notice of
Apparent Liability for Forfeiture of Western PCS BTA 1 Corporation,
*Memorandum Opinion and Orde*r, 14 FCC Rcd 21571, 21577-78 ¶ 20 (1999).

Amendment of Part 1 of the Commission's Rules --- Competitive Bidding
Procedures, *Seventh Report and Order*, 16 FCC Rcd 17546 (2001).

## Wireless Telecommunications Bureau Decisions:

Amendment of Parts 21 and 74 of the Commission's Rules with Regard to
Filing Procedures in the Multipoint Distribution Service and in the
Instructional Television Fixed Service, *Order,* 11 FCC Rcd 9655 (WTB
1995).

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 (WTB 1997).

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 (WTB 1997).

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 (WTB 1997).

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 (WTB 1997).

### Public Notices:

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).

Wireless Telecommunications Bureau Responds to Questions About the Local
Multipoint Distribution Service Auction, *Public Notice*, DA 98-37 (rel.
January 9, 1998).

### Letters from the Office of General Counsel and the Wireless Telecommunications Bureau:

*Letter to Gary M. Epstein and James H. Barker from William E. Kennard,
General Counsel, Federal Communications Commission* (released October
25, 1994).

*Letter to Alan F. Ciamporcero from William E Kennard, General Counsel,
Federal Communications Commission* (released October 25, 1996).

*Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 1, 1994).

*Letter to Leonard J. Kennedy from Rosalind K. Allen, Acting Chief,
Commercial Radio Division, Wireless Telecommunications Bureau* (released
December 14, 1994).

*Letter to Jonathan D. Blake 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. 10,895
(1996).

*Letter to David L. Nace from Kathleen O'Brien Ham, Chief, Auctions
Division, Wireless Telecommunications Bureau,* 11 FCC Rcd. 11,363
(1996).

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

*Letter to Robert Pettit, Wiley, Rein & Fielding from Margaret W.
Wiener, Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau*, DA 00-2905 (released December 26, 2000).

## Enforcement Bureau Decisions:

Application of Star Wireless, LLC for C Block Facilities in the 710-716
and 740-746 MHz Bands, *Notice of Apparent Liability for Forfeiture*, DA
03-2722 (released August 27, 2003) (recon. pending).

Application of Northeast Communications of Wisconsin, Inc. for C Block
Facilities in the 710-716 and 740-746 MHz Bands, *Notice of Apparent
Liability for Forfeiture*, DA 03-2723 (released August 27, 2003) (recon.
pending).

## Civil Actions Initiated by U.S. Department of Justice:

*U.S. v. Omnipoint Corp.,* Proposed Final Judgments and Competitive
Impact Statements, Department of Justice, 63 FR 65,228 (November 25,
1998).

"Justice Department Sues Three Firms Over FCC Auction Practices," *Press
Release, U.S.* Department of Justice (November 10, 1998).

Complaint, *U.S.* *v. Omnipoint Corp.,* No. 1:98CV02750 (D.D.C. November
10, 1998).

Complaint, *U.S. v.* *Mercury PCS II, L.L C.,* No. 1:98CV02751 (D.D.C.
November 10, 1998).

Complaint, *U.S. v. 21st Century Bidding Corp., No.* 1:98CV02752 (D.D.C.
November 10, 1998).

**How to Obtain Copies of the Anti-Collusion Decisions:**

Many of the documents listed in this attachment can be retrieved from
the following Commission web site:
[http://wireless.fcc.gov/auctions/anticollusion](http://wireless.fcc.gov/auctions/default.htm?job=anti_collusion).

The documents may be located by using our search engine (select the link
"search"). Documents retrieved from the web site are available in
various formats including Word, WordPerfect, Acrobat Reader, Excel, and
ASCII Text. To review a document in its entirety, including footnotes,
it is necessary to access the document in WordPerfect, MS Word, or
Acrobat Reader.

Additionally, all of the documents can be ordered in hard copy for a fee
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (800)
378-3160 (telephone) or
[http://www.bcpiweb.com](http://www.bcpiweb.com/).

[^1]: 47 U.S.C. § 309(j)(4)(F).

[^2]: *See* Low Power Television Auction No. 81 Scheduled for September
    14, 2005; Auction No. 81 Applicants Must Provide Supplemental
    Information by March 18, 2005; Comment Sought on Reserve Prices or
    Minimum Opening Bids and Other Auction Procedures, *Public Notice*,
    DA 05-506 (Feb. 28, 2005) ("*Auction No. 81 Comment Public
    Notice*"). A summary of this public notice appears at 70 Fed.Reg.
    11975 (Mar. 10, 2005). 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]: The National Translator Association filed comments on March 18 and
    reply comments on March 28, 2005. We address these comments later in
    this public notice. A number of requests to correct the auction
    inventory were submitted after release of the *Auction No. 81
    Comment Public Notice*. *See infra* note 9.

[^4]: Applicants were required to file an FCC Form 175 and certain
    portions of either FCC Form 301-CA (for Class A television
    facilities) or FCC Form 346 (for low power television and television
    translator facilities), which permitted the staff to determine
    mutual exclusivities between the engineering proposals submitted by
    auction applicants. *See* Notice and Filing Requirements Regarding
    July 31 through August 4, 2000 Limited Low Power
    Television/Television Translator/Class A Television Auction Filing
    Window, *Public Notice*, 15 FCC Rcd 10854 (Mass Media & Wireless
    Telecom. Burs. 2000) ("*Auction No. 81 Filing Window Public
    Notice*").

[^5]: *See* Limited Low Power Television/Television Translator/Class A
    Television Auction Filing Window Partially Extended to August 31,
    2000, *Public Notice*, 15 FCC Rcd 13808 (Mass Media & Wireless
    Telecom. Burs. 2000).

[^6]: *See* Low Power Television Auction No. 81 Non-Mutually Exclusive
    Proposals, Mass Media Bureau Announces March 15, 2001, FCC Form 346
    Application Deadline, *Public Notice*, 16 FCC Rcd 3128 (Video Serv.
    Div. 2001).

[^7]: *See* Low Power Television Auction No. 81 Mutually Exclusive
    Proposals Subject to Auction, Mass Media Bureau Announces 60-Day
    Settlement Period Ending July 24, 2001, *Public Notice*, 16 FCC Rcd
    11633 (Mass Media & Wireless Telecom. Burs. 2001); Auction No. 81
    Settlement Period Extended to August 23, 2001, *Public Notice*, 16
    FCC Rcd 13120 (Mass Media & Wireless Telecom. Burs. 2001); Auction
    No. 81 Additional Settlement Period Announced, Period to Close
    January 22, 2002, *Public Notice*, 16 FCC Rcd 20427 (Mass Media &
    Wireless Telecom. Burs. 2001); Auction No. 81 Final Settlement
    Window Announced, Window to Close March 5, 2004, *Public Notice*, 18
    FCC Rcd 25141 (Media & Wireless Telecom. Burs. 2003).

[^8]: *See* Applicants for Low Power Television Construction Permits to
    be Awarded in Auction No. 81 Must Submit Supplemental Information by
    March 18, 2005, *Public Notice*, DA 05-505 (Feb. 28, 2005)
    ("*Auction No. 81 FRN Public Notice*"). A summary of this public
    notice appears at 70 Fed.Reg. 11974 (Mar. 10, 2005).

[^9]: After release of the *Auction No. 81 Comment Public Notice*,
    requests for changes to the auction inventory were submitted by or
    on behalf of the following individuals or entities: Amanda Orrick,
    Avelino and Cathy Moreia, Carbon County, Charles C. Townsend III,
    Cooperative Television Association of Southern Minnesota, Core Group
    International, Inc., Darold K. Smith, David R. Bates, Federated
    Rural Electric Association, Harold W. Tegtmeier, Iglesia Jesuchristo
    Es Mi Refugio, Inc., Iron County, Joseph R. Liska, Julie Mintz,
    Julie St. Clair, Laurie Mintz, Mark Silberman, Meyer H. Feldman,
    National Translator Association, Prism Broadcasting, Region 1
    Translators Association, Robert A. Naismith, Robert Raynolds, San
    Juan County, Summit County, SW Colorado Translator Association,
    Three Angels Broadcasting Network, Inc., Troy Tumm, West Central
    Minnesota Educational Television Company, and William Germano. Most,
    but not all, of these requests resulted in changes to the auction
    inventory. A description of the categories of changes made to the
    inventory is provided in the *Auction No. 81 Inventory Public
    Notice*. *See* Low Power Television Auction No. 81 Scheduled for
    September 14, 2005; Auction Inventory Revised; Applicants Proposing
    \"Non-Commercial Educational Broadcast Station\" Must Respond by May
    13, 2005, *Public Notice*, DA 05-1048 (Apr. 13, 2005) ("*Auction No.
    81 Inventory Public Notice*"). A summary of this public notice
    appears at 70 Fed.Reg. 22042 (Apr. 28, 2005)

[^10]: *See* *Auction No. 81 Inventory Public Notice*.

[^11]: Upon further review, we determined that the auction inventory
    contained two sets of duplicate engineering proposals. Two
    engineering proposals of Lawrence Howard Mintz for channel 59 at
    Corpus Christi, Texas in MX group 33 were duplicates. For this
    reason, we removed from the auction inventory the engineering
    proposal identified as File No. BNPTTL-20000807AHR, Facility
    Identification No. 132047. In addition, two engineering proposals of
    TCCSA, Inc. d/b/a Trinity Broadcasting Network for channel 51 at
    Brainerd, Minnesota in MX group 177 were duplicates. The removal of
    one of these engineering proposals, File No. BNPTT-20000830BAW,
    Facility Identification No. 129497, rendered the remaining
    engineering proposal a singleton. For this reason, MX group 177 was
    removed from the auction inventory.

[^12]: Each engineering proposal was submitted in specified portions of
    FCC Forms 301-CA or 346.

[^13]: *See* Comments of the National Translator Association; *see also*
    Statement concerning Auction 81 from B.W. St. Clair, President,
    National Translator Association ("NTA Statement").

[^14]: *See* 47 C.F.R. §§ 74.703 and 74.707. *See also* 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, *First Report and Order*, 13 FCC Rcd
    15920, 15966 ¶ 124 (1998) ("*Broadcast First Report and Order*"),
    *id*.*, Memorandum Opinion and Order*, 14 FCC Rcd 8724 (1999)
    ("*Broadcast First Reconsideration Order*"), *id., Memorandum
    Opinion and Order*, 14 FCC Rcd 12541 (1999); *aff\'d*, *Orion
    Communications Ltd. v. FCC*, 221 F.3d 196, No. 98-1424, slip op.
    (D.C. Cir. June 13, 2000) (unpublished opinion available at 2000 WL
    816046 (D.C. Cir.); *aff\'d, Orion Communications Ltd. v. FCC*, 213
    F.3d 761 (D.C. Cir. 2000). MX groups with a daisy chain of mutual
    exclusivity are not proceeding to auction at this time, and
    therefore daisy chain MX groups have been removed from the auction
    inventory. A separate auction of construction permits for the daisy
    chain MX groups will be announced at a later date. *See Auction No.
    81 Comment Public Notice* at 1 n.1.

[^15]: For example, the NTA points out that one proposal in the chain
    may be for a medium-sized city while another proposal farther along
    in the chain may be for a rural community. Comments of the National
    Translator Association at 3-4.

[^16]: *Id.* at 4; *see also* NTA Statement at 1-2.

[^17]: *See* *Broadcast First Report and Order*, 13 FCC Rcd at 15961-62,
    15974-15975.

[^18]: *Broadcast First Report and Order*, 13 FCC Rcd at 15978-80, ¶¶
    149-154. *See also* Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding, PP Docket No. 93-253,
    *Second Report and Order*, 9 FCC Rcd 2348, 2376 ¶ 165 (1994).

[^19]: Any applicant that submits a short-form application that is
    accepted for filing but fails to timely submit an upfront payment
    will retain its place in the MX group but, having purchased no
    bidding eligibility, will not be eligible to bid.

[^20]: *See*, *e.g*., 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 (2000) ("*Fifth Report and Order*"); *id.,* *Seventh
    Report and Order*, 16 FCC Rcd 17546 (2001) ("*Seventh Report and
    Order*"); *id.,* *Eighth Report and Order*, 17 FCC Rcd 2962 (2002);
    *id.,* *Second Order on Reconsideration of the Third Report and
    Order and Order on Reconsideration of the Fifth Report and Order*,
    18 FCC Rcd 10180 (2003).

[^21]: *See* *generally* *Broadcast First Report and Order*, 13 FCC Rcd
    at 15920.

[^22]: *See* *Broadcast First Reconsideration Order*, 14 FCC Rcd at
    8724.

[^23]: *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 12541 (1999) ("*New Entrant Bidding
    Credit Reconsideration Order*").

[^24]: *See* Reexamination of the Comparative Standard for Noncommercial
    Educational Applicants, MM Docket No. 95-31, *Second Report and
    Order*, 18 FCC Rcd 6691 (2003) ("*NCE Second Report and Order*"),
    recons. pending.

[^25]: When ordering documents from BCPI, please provide the appropriate
    FCC document number (for example, FCC 98-194 for the *Broadcast
    First Report and Order*, FCC 99-74 for the *Broadcast First
    Reconsideration Order*, and DA 05-1337 for this public notice).

[^26]: 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1), 73.5002(c);
    *Seventh Report and Order*, 16 FCC Rcd at 17546.

[^27]: 47 C.F.R. § 1.2105(c)(1).

[^28]: *See* *e.g.*, Application of Star Wireless, LLC, *Forfeiture
    Order*, 19 FCC Rcd 18626 (Enf. Bur. 2004) (imposing monetary
    forfeiture due to collusive communications between qualified bidder
    and applicant who never became a qualified bidder); Letter to Robert
    Pettit from Margaret W. Wiener, 16 FCC Rcd 10080 (Auctions Div.
    2000) (declining to exempt an applicant's controlling interest from
    coverage by the anti-collusion rule, even though the applicant never
    made an upfront payment for the auction and was not listed as a
    qualified bidder).

[^29]: 47 C.F.R. § 1.2105(c)(7)(i).

[^30]: *See* Wireless Telecommunications Bureau Clarifies Spectrum
    Auction Anti-Collusion Rules, *Public Notice*, 11 FCC Rcd 9645
    (Wireless Telecom. Bur. 1995).

[^31]: *See* Application of Nevada Wireless for a License to Provide 800
    MHz Specialized Mobile Radio Service in the Farmington, NM-CO
    Economic Area (EA-155) Frequency Band A, *Memorandum Opinion and
    Order*, 13 FCC Rcd 11973, 11977 (Wireless Telecom. Bur. 1998).

[^32]: *Id.*, 13 FCC Rcd at 11978.

[^33]: 47 C.F.R. § 1.65.

[^34]: 47 C.F.R. § 1.2105(c)(6); *see also Seventh Report and Order*, 16
    FCC Rcd at 17555.

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

[^36]: *See*, *e.g.*, 47 C.F.R. §§ 74.703, 74.709 and 90.303.

[^37]: 47 C.F.R. Part 1, Subpart I.

[^38]: 47 C.F.R. §§ 1.1305-1.1319.

[^39]: *Auction No. 81 Comment Public Notice*.

[^40]: *See infra* Section II. E.

[^41]: *See* 47 C.F.R. § 1.2105.

[^42]: 47 C.F.R. § 1.65.

[^43]: *See* 47 C.F.R. § 1.2105(b)(2).

[^44]: *Auction No. 81 Comment Public Notice. See also* *Auction No. 81
    FRN Public Notice.*

[^45]: 47 C.F.R. § 1.2105(a)(2)(x) and (xi); *Fifth Report and Order*,
    15 FCC Rcd at 15317 ¶ 42 and n.142.

[^46]: 47 C.F.R. § 1.2106(a).

[^47]: 47 C.F.R. §§ 1.2105(a)(2)(x) and (b)(1); *see Fifth Report and
    Order*, 15 FCC Rcd at 15317 n.142 ("If any one of an applicant's
    controlling interests or their affiliates...is in default on any
    Commission licenses or is delinquent on any non-tax debt owed to any
    Federal agency at the time the applicant files it\[s\] Form 175, the
    applicant will not be able to make the certification required by
    Section 1.2105(a)(2)(x)...and will not be eligible to participate in
    Commission auctions.")

[^48]: *See* "Wireless Telecommunications Bureau Reminds Prospective
    Broadband PCS Spectrum Auction Applicants of Default and Delinquency
    Disclosure Requirements," *Public Notice*, 19 FCC Rcd 21920
    (Wireless Telecom. Bur. 2004) (\"*Auction Default Disclosure Public
    Notice*\"); Letter to Cheryl A. Tritt, Esq. from Margaret Wiener, 19
    FCC Rcd 22907 (Auctions Div. 2004) (clarifying the term "debt" or
    "non-tax debt" as referenced in 47 C.F.R. §§ 1.2105(a) and
    1.2106(a)).

[^49]: *See* *Auction Default Disclosure Public Notice*, 19 FCC Rcd at
    21920 (addressing relationship between Commission's Red Light
    Display System and Form 175 default and delinquency disclosure
    requirements for auction applicants).

[^50]: Amendment of Part 1 of the Commission\'s Rules -- Competitive
    Bidding Procedures, WT Docket No. 97-82, *Third Report and Order and
    Second Further Notice of Proposed Rule Making*, 13 FCC Rcd 374,
    397-401 ¶¶ 38-43 (1997) (\"*Third Report and Order\"*).

[^51]: *See* 47 U.S.C. §§ 309(j)(2)(C) and 397(6)(B).

[^52]: *See* 47 U.S.C. § 397(6)(B).

[^53]: *See* *NCE Second Report and Order*, 18 FCC Rcd at 6697; *see
    also* 47 C.F.R. § 73.5002(b).

[^54]: *NCE Second Report and Order,* 18 FCC Rcd at 6699.

[^55]: *See Auction No. 81 Inventory Public Notice*. For the submission
    of a claim of NCE status by an Auction No. 81 applicant, that public
    notice specified a deadline of May 13, 2005. *Id*. No written
    statements claiming status as an NCE applicant in Auction No. 81
    were received by the May 13 deadline.

[^56]: 47 C.F.R. §§ 1.2105, 73.5002(c); s*ee also* Two Way Radio of
    Carolina, Inc*.*, *Memorandum Opinion and Order*, 14 FCC Rcd 12035
    (1999) (rejecting amendment purporting to increase bidder's
    designated entity status, based on applicant's mistaken calculation
    as to its small business size).

[^57]: *See* Letter from Margaret W. Wiener to Patrick Shannon, Esq.,
    Counsel for Lynch 3G Communications Corporation, 18 FCC Rcd 11552
    (Auctions Div. 2003).

[^58]: 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,
    5697-98 ¶ 16 (1997) ("*Part 1 Order*").

[^59]: *Fifth Report and Order*, 15 FCC Rcd at 15316-17 ¶¶ 40-42; 47
    C.F.R. § 1.2106(a); *see* 47 C.F.R. §1.2105(a)(2)(xi).

[^60]: 47 C.F.R. § 1.2110(b).

[^61]: *Auction No. 81 Comment Public Notice* at 3.

[^62]: Provisionally winning bids are bids that would become final
    winning bids if the auction were to close in that given round.
    (*See* *infra* Section IV.B.4).

[^63]: Results are rounded using our standard rounding procedure:
    results above \$10,000 are rounded to the nearest \$1,000; results
    below \$10,000 but above \$1,000 are rounded to the nearest \$100;
    and results below \$1,000 are rounded to the nearest \$10.

[^64]: A bidder can only bid for one construction permit in an MX group.
    Therefore, a bidder that wishes to bid on the construction permit in
    an MX group in which it has two engineering proposals only needs to
    purchase 1,000 bidding units and not 2,000 bidding units.

[^65]: 47 C.F.R. § 1.2106(a).

[^66]: 47 C.F.R. §1.1910.

[^67]: *Auction No. 81 Comment Public Notice* at 2.

[^68]: *Id.* at 3.

[^69]: *Id.* at 3-4.

[^70]: *Id*. at 3-4.

[^71]: When monitoring activity for determining when to change stages,
    we may consider the percentage of bidding units of the construction
    permits receiving new provisionally winning bids, excluding any
    FCC-held construction permits.

[^72]: *Auction No. 81 Comment Public Notice* at 4-5.

[^73]: *Id*. at 8-9.

[^74]: *Id*. at 8-9.

[^75]: *Id.* at 5.

[^76]: 47 U.S.C. § 309(j)(4)(F).

[^77]: *See* *Third Report and Order*, 13 FCC Rcd at 455-456 ¶ 141; *see
    also Broadcast First Report and Order,* 13 FCC Rcd at 15971 ¶ 134*.*

[^78]: *Id*.

[^79]: *Id*.

[^80]: *Auction No. 81 Comment Public Notice* at 5-6.

[^81]: *See* 47 U.S.C. 309(j)(3)(C).

[^82]: *Auction No. 81 Comment Public Notice* at 5-6.

[^83]: Results are rounded using our standard rounding procedure:
    results above \$10,000 are rounded to the nearest \$1,000; results
    below \$10,000 but above \$1,000 are rounded to the nearest \$100;
    and results below \$1,000 are rounded to the nearest \$10.

[^84]: *Auction No. 81 Comment Public Notice* at 6-7.

[^85]: Bidders must have sufficient eligibility to place a bid on the
    particular construction permit. *See* *supra* Section III.C.3,
    "Amount of Upfront Payment."

[^86]: *See* *infra* Section IV.B.6, "Bid Removal and Bid Withdrawal."

[^87]: *See supra* Section IV.A.2.

[^88]: *Auction No. 81 Comment Public Notice* at 7-8.

[^89]: A description of the L'Ecuyer algorithms can be found in
    L'Ecuyer, P. (1999) "Good Parameters and Implementations for
    Combined Multiple Recursive Random Number Generators" *Operations
    Research* 47 (1), pp.159-164. A longer version of this paper and the
    C code for the algorithms can be found on the author's website at
    <http://www.iro.umontreal.ca/~lecuyer/papers.html>.

[^90]: Bidders must have sufficient eligibility to place a bid on the
    particular construction permit. *See* *supra* Section III.C.3,
    "Amount of Upfront Payment."

[^91]: *Auction No. 81 Comment Public Notice* at 8.

[^92]: The Bureau retains the discretion to lower the minimum acceptable
    bid on such construction permits in the next round or in later
    rounds.

[^93]: 47 C.F.R. §§ 1.2104(g), 1.2109.

[^94]: The payment will equal the lower of: (1) the difference between
    the net withdrawn bid and the subsequent net winning bid; or (2) the
    difference between the gross withdrawn bid and the subsequent gross
    winning bid. *See* 47 C.F.R. § 1.2104(g)(1).

[^95]: See following paragraph for discussion of interim bid withdrawal
    payments.

[^96]: 47 C.F.R. § 1.2104(g)(1); *see* *Fifth Report and Order*, 15 FCC
    Rcd at 15302 ¶ 15.

[^97]: 47 C.F.R. § 1.2104(g).

[^98]: *See* 47 C.F.R. § 73.5006.

[^99]: *See* 47 C.F.R. § 73.5006(d).

[^100]: 47 C.F.R. §§ 1.2109. The Wireless Telecommunications Bureau now
    employs for wireless service auctions a final payment deadline which
    is different from the final payment deadline employed in Auction No.
    81. *See e.g.,* 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*, 18 FCC Rcd
    17553, 17588 (Wireless Telecom. Bur. 2003).

[^101]: *See* 47 C.F.R. §§ 1.2109(a); 73.3573(f)(5)(ii); 73.5006(d).

[^102]: *See* 47 C.F.R. §§ 1.2112(b) and 73.5005.

[^103]: *See Abundant Life, Inc.*, 17 FCC Rcd 4006 (2002); *Winstar
    Broadcasting Corp.*, 17 FCC Rcd 6126 (2002); *Delta Radio, Inc.*, 18
    FCC Rcd 16889 (2003).

[^104]: *See* 47 C.F.R. § 1.2109(b) and (c).

[^105]: 47 C.F.R. § 1.2109(d).

[^106]: *See* 47 C.F.R. § 1.2105(a)(2)(xi).

[^107]: *See* 47 C.F.R. § 1.2106(a).

[^108]: *See* 47 C.F.R. § 1.2105.

[^109]: *See generally* 47 C.F.R. § 1.2105.

[^110]: *See generally* 47 C.F.R. § 1.2105(a)(2)(ii)(A), (iii), and
    (iv).

[^111]: *See generally* 47 C.F.R. § 1.2105(a)(2)(i).

[^112]: *See generally* 47 C.F.R. § 1.2105(a)(2) (iv)-(vii) and
    (ix)-(xi).

[^113]: *See* 47 C.F.R. § 1.2105(a)(2)(xi); *see also* 47 C.F.R. §
    1.2110.

[^114]: *See* 47 C.F.R. § 1.2106(a).

[^115]: *See* 47 C.F.R. § 1.2105.