PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET, S.W.
WASHINGTON, D.C.  20554
                         News Media Information: (202) 418-0500
                                  Fax-On-Demand: (202) 418-2830
                                   Internet: http://www.fcc.gov
                                                    ftp.fcc.gov
                                                                
                                                               
                                                     DA 00-1035
                                                   May 10, 2000

                          39 GHz BAND
                         AUCTION CLOSES

          Winning Bidders of 2,173 Licenses Announced
                                
                 Down Payments Due May 24, 2000
             FCC Forms 601 and 602 Due May 24, 2000
                                
                Ten-Day Petition to Deny Period

Report No. AUC-30-E (Auction No. 30)

     On May 8, 2000, the Federal Communications Commission completed the auction of
2,450 licenses for fixed point-to-point microwave services in the 38.6 to 40.0 GHz ("39 GHz")
band, raising (in net high bids) a total of $410,649,085 for the U.S. Treasury.  29 winning bidders
won a total of 2,173 licenses in this auction.

     This public notice provides detailed information concerning winning bidders, down
payments, bid withdrawal payments and/or deposits, FCC Forms 601 and 602 filing
requirements, requests for rule waivers, and licensing matters.  Key information appears in the
following attachments:
     
                         Attachment A:  "Round Results, High Bids" lists winning bidders and both the
                    gross and net high winning bid amounts.

                         Attachment B:  "Bidder Payment/Refund Report" lists down payments and any
                    withdrawn bid payments owed by winning bidders.
                    
                                             Attachment C:  "Withdrawal/Payment Report" lists
                    withdrawn bid payments owed by all bidders.

                         Attachment D:  "Instructions for Completing FCC Form 601" provides detailed
                    information about how a winning bidder should complete the
                    required FCC Form 601 for 39 GHz Band license applications.
                    
                         Attachment E:  "Instructions for Using ULS to Register TIN and Call Signs With
                    FCC and File FCC Form 601 Electronically."

                         Attachment F:  "Accessing the FCC Network using Windows 95/98 for Universal
                    Licensing System filing."

A copy of this public notice will be sent via overnight mail to each winning bidder.  
     
     Down payments.  The Commission's rules require that within ten business days after the
release of this public notice, in this case by 6:00 p.m. ET on May 24, 2000, winning bidders in
Auction No. 30 must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough
funds to cover all required:  (1) down payments on winning bids, and (2) payments for
withdrawn bids, if applicable.  If a bidder's upfront payment is not sufficient to meet both of
these requirements, the bidder must deposit additional funds.  See 47 C.F.R.  1.2107(b),
1.2104(g). 

     The amount now due from each bidder, if any, is set out in the last column of
Attachment B.  Note that a payment and FCC Form 159 are necessary only if a bidder's upfront
payment does not cover the required total of down payments and withdrawn bid payments (as
reflected in Attachment B).  Each bidder's down payment must be a total of twenty (20) percent
of its net winning bid(s) plus any withdrawal payments.

     Final payments.  After the termination of the licensing pleading cycle (see 47 C.F.R. 
  1.2108), the Commission will issue a public notice announcing that it is prepared to grant the
licenses.  Within ten business days after the date of that public notice, winning bidders will be
required to make full payment of the balance of their winning bids.  See 47 C.F.R. 1.2109 and
1.2107(b).  Licenses will be granted only after final payment is made.

     Method of payment.  All payments must be in U.S. dollars and made in the form of a
wire transfer.  No personal checks, credit card payments, or other forms of payment will be
accepted.  All payments must be accompanied by a completed FCC Remittance Advice Form
(FCC Form 159).  If applicable, a partially completed copy of the FCC Form 159 will be sent
along with this public notice to facilitate submission of the correct down payment.  Questions
regarding FCC Form 159 should be addressed to Tim Dates or Gail Glasser at 202-418-1995. 
Please note, however, that winning bidders are ultimately responsible for insuring the
verification and submission of the correct down payment from their bank to Mellon bank. 

     Wire transfer payments must be received by Mellon Bank by 6:00 p.m. ET, on May
24, 2000.  Bidders should coordinate with their bankers ahead of time regarding their wire
transfers, and allow sufficient time for the wire transfer to be initiated and completed prior to
the deadline.  To submit funds by wire transfer, bidders will need the following information: 

          ABA Routing Number: 043000261
          Receiving Bank:  Mellon Pittsburgh
          BNF: 911-6106 
          OBI Field:   (Skip one space between each information item) "AUCTIONPAY"
          TAXPAYER IDENTIFICATION NO. (same as FCC Form 159, Block 30)
          PAYMENT TYPE CODE (enter "A30D")   
          FCC CODE 1 (same as FCC Form 159, Block 23A:  "30")
          PAYOR NAME (same as FCC Form 159, Block 2)
          LOCKBOX NO.:  358850

Bidders must fax a completed FCC Form 159 to Mellon Bank at 412-209-6045 or 412-236-5702
at least one hour before placing the order for the wire transfer (but on the same business day).

     Proper completion of the FCC Form 159 is critical to ensuring correct credit of bidder
deposits.  Bidders must use the same Taxpayer Identification Number used on their FCC
Form 175.  Questions concerning the calculation and submission of down payments should be
directed to Gail Glasser at 202-418-1995. 

     Withdrawal, default and disqualification payments.  The Commission imposes
payments on bidders that withdraw high bids during the course of an auction, default on
payments due after an auction closes, or those that are disqualified.  See 47 C.F.R.  1.2104(g),
1.2109.

     1.  Bid Withdrawal Payments.  A bidder (Bidder X) that withdraws a high bid during the
course of an auction is subject to a bid withdrawal payment equal to the difference between the
amount withdrawn and the amount of the subsequent winning bid.  If a high bid is withdrawn on
a license that remains unsold at the close of the auction, Bidder X will be required to make an
interim payment equal to three (3) percent of the net amount of the withdrawn bid.   This
payment amount is deducted from any upfront payments or down payments that Bidder X has
deposited with the Commission.  If, in a subsequent auction, that license receives a valid bid in
an amount equal to or greater than the withdrawn bid amount, then no final bid withdrawal
payment will be assessed, and Bidder X may request a refund of the interim three (3) percent
payment.  If, in a subsequent auction, the winning bid amount for that license is less than Bidder
X's withdrawn bid amount, then Bidder X will be required to make a final bid withdrawal
payment equal to either the difference between Bidder X's net withdrawn bid and the subsequent
net winning bid, or the difference between Bidder X's gross withdrawn bid and the subsequent
gross winning bid, whichever is less. The three (3) percent interim payment will be applied
toward the withdrawal payment.

     Attachment C identifies bidders that owe withdrawal payments to the Commission as a
result of bid withdrawals made in Auction No. 30.

     2.  Bid Default/Disqualification Payments.  If a high bidder defaults or is disqualified
after the close of the auction, the defaulting bidder will be subject to the same bid withdrawal
payment obligations as described above, plus an additional payment equal to three (3) percent of
the subsequent winning bid or three (3) percent of the defaulted bid, whichever is less.  Where a
bidding credit applies to the winning bid in either the original or the subsequent auction, the
calculation of the three percent payment is based on the smaller of the two gross bids or smaller
of the two net bids, whichever basis (gross or net) was used to figure the first component.  Thus,
if the difference between the gross bids is less than the difference between the net bids, the three
percent payment will be computed on the lower of the gross bids.  If the difference between the
net bids is less than or equal to the difference between the gross bids, the three percent payment
will be computed on the lower of the net bids.   However, if the differences between both the
gross bids and the net bids are less than or equal to zero, the three percent payment will be
computed on the lower of the net bids. 

     If a winning bidder fails to remit the required down payment within ten (10) business
days after the Commission has released this Public Notice, in this case May 24, 2000, the bidder
will be deemed to have defaulted, its application will be dismissed, and it will be liable for a
default payment as described above.  In such event, the Commission, at its discretion, may either
auction the spectrum to existing or new applicants, or offer it to the other highest bidders (in
descending order) at their final bids.  See 47 C.F.R.  1.2109(b). 

     If a winning bidder fails to pay the balance of its winning bids in a lump sum by the
applicable deadline as specified by the Commission, it will be allowed to make payment within
ten (10) business days after the payment deadline provided that it also pays a late fee equal to
five (5) percent of the amount due.  When a winning bidder fails to pay the balance of its
winning bid plus late fee by the late payment deadline, it is considered to be in default on its
license(s) and subject to the applicable default payments.  Licenses will be awarded upon the full
and timely payment of winning bids and any applicable late fees.  See 47 C.F.R. 1.2109(a).  A
winning bidder that is found unqualified to be a licensee, fails to remit the balance of its winning
bid in a timely manner, or defaults or is disqualified for any reason after having made the
required down payment, will be deemed to have defaulted and will be liable for the payment set
forth in Section 1.2104(g)(2).  In such event, the Commission may either auction the spectrum to
existing or new applicants or offer it to the other highest bidders (in descending order) at their
final bids.  See 47 C.F.R.  1.2109(c).

     Finally, bidders that are found to have violated the antitrust laws or the Commission's
rules in connection with their participation in the competitive bidding process may be subject, in
addition to any other applicable sanctions, to forfeiture of their upfront payment, down payment,
or full bid amount, and may be prohibited from participating in future auctions.  See 47 C.F.R. 
 1.2109(d).  

     Refund of excess upfront payments (for winning bidders).  Upfront monies on deposit
that are in excess of the required down payment, withdrawal and/or default payment amounts
will be refunded to the payor of record promptly upon receipt of the necessary wire transfer
instructions.  Winning bidders must fax the necessary wire transfer instructions to Gail Glasser at
202-418-2843.  Any questions concerning refunds should be referred to Gail Glasser or Tim
Dates at 202-418-1995. 

     Refund of upfront payments (for non-winning bidders).  Non-winning bidders must
fax the necessary wire transfer instructions to Gail Glasser or Tim Dates at 202-418-2843.  Any
questions concerning refunds for non-winning bidders should be referred to Gail Glasser or Tim
Dates at 202-418-1995.
     
FCC FORM 601 

     By 6:00 p.m. ET on May 24, 2000, winning bidders must submit a completed long-form
license application(s) covering each license for which they were the winning high bidder.
Attachment D sets out instructions for completing the FCC Form 601. Applications must be
filed electronically.  Detailed instructions for filing the Form 601 electronically are set out in
Attachment E.  

Failure to timely file FCC Form 601 will result in default.  Late-filed applications will not
be accepted without a showing of good cause.



FCC FORM 602

     Pursuant to Section 1.919 of the Commission's rules, an applicant for a license in an
auctionable service must have on file with the Commission a current FCC Form 602 regarding
ownership information of the applicant.  See 47 C.F.R.  1.919.  Therefore, unless the applicant
already has a current FCC Form 602 on file with the Commission, as of May 24, 2000,  the
applicant must submit one at the time the FCC Form 601 is filed.  Any late- filed FCC Form 602
must contain a request for waiver of the filing requirement in 47 C.F.R.  1.919.

     FCC Form 602 must be filed manually (not electronically), and may be obtained from
the Internet at http://www.fcc.gov/formpage.html or by calling the FCC's Form Distribution
Center at 1-800-418-FORM (3676).  For more detailed information on FCC Form 602, see
"Wireless Telecommunications Bureau Answers Frequently Asked Questions Concerning
Reporting of Ownership Information on FCC Form 602," Public Notice, DA 99-1001 (rel. May
25, 1999).

     Applicants that do not have a current FCC Form 602 on file should send the form to:

               Federal Communications Commission
                      1270 Fairfield Road
                   Gettysburg, PA  17325-7245
                                
     Filing FCC Form 602 is a separate requirement from, and in addition to, the ownership
reporting requirements associated with filing FCC Form 601, Exhibit A, as set forth in
Attachment D.   However, to avoid duplication, applicants may provide certain information
required in Exhibit A by attaching a copy of their FCC Form 602 (in Adobe PDF Format) to their
FCC Form 601 submission.  Applicants are reminded, however, that an original FCC Form 602
still must be filed manually in Gettysburg, PA.  For further information, see Instructions in
Attachment D.

     Applications for multiple licenses.  Applicants may submit one FCC Form 601 Main
Form, Schedule B, and Form 602 for multiple licenses if all filing information (name and address
information, all ownership and eligibility attachments, and waiver requests) associated with the
application is identical.  Licensing information such as market designator, channel block, and/or
market name may be different (i.e. TNBEA001C and TNBEA001N  Bangor, ME; TNBEA022J
  Fayetteville, NC).

     Filers whose name and address, ownership, eligibility, and waiver requests are identical
for some licenses but different for other licenses must submit a separate Form 601 and 602 for
those licenses for which filing information is unique.  The streamlined filing procedure described
in the above paragraph may only be used for licenses that have identical filing information.

     Maintaining Accuracy of Information.  Applicants are no longer required to maintain 
accuracy and completeness of information furnished on their FCC Form 175 and exhibits.  After
the auction closes, applicants are required to make all changes in the ULS system (Forms
601/602). 

     Application processing and license grant.  Pursuant to 47 C.F.R.  1.2108(b) and
101.1207, and the Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997), interested
parties will have ten (10) days to file petitions to deny after the Commission releases a public
notice announcing the FCC Forms 601 and 602 are acceptable for filing.  An applicant may file
an opposition to any petition to deny within five (5) days after the time for filing petitions to
deny has expired.  See 47 C.F.R. 1.2108(c).  The petitioner may file a reply to such opposition
within five (5) days after the time for filing oppositions has expired.  See 47 C.F.R. 1.2108(c). 
If the Commission determines an applicant is qualified and there is no substantial and material
issue of fact concerning that determination, the Commission will issue a public notice
announcing that it is prepared to grant the application conditioned upon the full and timely
payment of the remaining balance of the applicant's winning bid.  Once the Commission has
received full payment of the applicant's winning bid, it will issue a public notice announcing
grant of the license (or licenses) to the applicant.

     Anti-collusion rules.  To ensure the competitiveness of the auction process, the
Commission's rules prohibit applicants for the same geographic license area from
communicating with each other during the auction about bids, bidding strategies, or settlements. 
As explained more fully in the Public Notice announcing Auction No. 30,  this prohibition
began with the filing of short-form applications and ends on the down payment due date.  The
prohibition ends on the down payment due date whether or not a high bidder must supplement its
upfront payment to cover its down payment.   Applicants certified their compliance with Section
1.2105(c) when their FCC Form 175 short-form applications were signed. 


                    *          *          *          *          *









For further information, contact:

News Media:                             Meribeth McCarrick at 202-418-0654

Technical Support Hotline:                   Technical Support Personnel 
                                   at 202-414-1250 (V)  
                                   or 202-414-1255 (text telephone (TTY))
     

Office of the Managing Director              Gail Glasser or Tim Dates 
Auctions Accounting Group                    at 202-418-1995
(Payment, FCC Form 159 and refund       
questions)

Wireless Telecommunications Bureau,          Keith Fickner at 202-418-7308     
Public Safety and Private Wireless Division       
(FCC Form 601and 602 questions)                   

          Wireless Telecommunications Bureau,          Bob Reagle, Auctions Analyst,
                                   Auctions and Industry Analysis Division or Lisa Stover, Project Manager at
                                   (Auction-related questions)   717-338-2888, or Kenneth Burnley, Auctions Attorney, at 202-
                                   418-0660 
          
                    





                                  - FCC -