Release Number: DA-01-376
Release Date: February 15, 2001

218-219 MHz Service (formerly known as IVDS) Refund Procedures

This Public Notice summarizes the procedures and identifies the points of contact for the processing of 
refunds authorized by the 218-219 MHz Order   released by the Federal Communications Commission 
("FCC or Commission") on September 10, 1999.  For detailed information, refer to additional Public 
Notices and other Commission decisions for the 218-219 MHz Service, which are at 
http://www.fcc.gov/wtb/auctions/218rest/218rest.html.

Refunds will be processed via Automated Clearing House (ACH) credits. In order for the Commission 
to issue refunds, each entity due a refund must submit a written request (see sample attached to this 
Public Notice) along with information required to process the ACH transaction through the banking 
system. The Commission will endeavor to issue refunds to all approved entities within 90 days of receipt 
of written request. Please note that refunds related to the remedial bidding credit will be issued to the 
payor of record of the up-front, first, and second down payments consistent with Auction procedures 
on the refunds of up-front payments.  Refunds of installment payments will be to the current licensee of 
record as of the election date.

I.	How do entities request refunds?
All refunds must be requested in writing to the Office of the Managing Director, Tom Putnam. Requests 
may be mailed or delivered to: Federal Communications Commission, Office of the Managing Director, 
Attn: 219-219 MHz Refunds (Mr. Putnam), Suite 1-A840, 445 12th Street, SW, Washington, DC 
20554 or via fax to (202) 418-2843, Attn: Tom Putnam.  The attachment to this Public Notice contains 
sample refund requests and the SF 3881, ACH VENDOR/MISCELLANEOUS PAYMENT 
ENROLLMENT FORM.  You may obtain additional copies of the SF 3881 at 
http://www.fms.treas.gov/pdf/3881.pdf or at the GSA web site at http://fillform.gsa.gov/. 

II. Installment Payment Refunds
Both eligible and ineligible licensees qualify for a refund of their installment payments as outlined below:

A.	Eligible Licensees of Record as of the Election Date:
The approval of a refund request depends upon the election made for each license.

1.	Amnesty

The Commission will refund installment payments in their entirety to Eligible Licensees in this category 
who have previously made installment payments.  For an Eligible Licensee that elected Amnesty for all 
of its licenses, the Commission will retain the down payment (less any remedial bidding credit refund) 
and forgive the original principal balance and all interest payments due thereon. 

2.	Amnesty and Reamortization/Resumption

No installment payment refunds will be made to Licensees in this category; however, a credit may be 
applied.  For an Eligible Licensee that held more than one license and elected Amnesty for one or more 
of its licenses, and Reamortization/Resumption for its other license(s), all installment payments made on 
the Amnesty license(s) will be credited towards the outstanding balance due on the license(s) for which 
Reamortization/Resumption was elected.  The installment payment credits will be applied against the 
accrued and unpaid interest on the retained license(s), with any excess funds being applied to the 
principal balance on each retained license.  The installment payment credits will be prorated based on 
the net high bids of the retained licenses.

3.	Prepayment (Prepayment-Retain/Prepayment-Return)

Eligible Licensees electing Prepayment were permitted to retain or return as many licenses as they 
wished.  The Commission will forgive all of the interest due on the retained licenses from grant date until 
the Election Date; however, Eligible Licensees must pay off the original principal balance of the 
license(s) they retained.  Eligible Licensees will be given a prepayment credit equal to 85% of the down 
payment and 100% of the installment payment(s) made on the license(s) they returned to the 
Commission.  If the original principal balance of the license(s) the Eligible Licensee retained is greater 
than the prepayment credit, the additional amount due is called "new money," and must be remitted to 
the Commission on or before April 30, 2001.  If the prepayment credit is greater than the original 
principal balances, the excess prepayment credits will be refunded to the licensee to the extent that the 
funds were generated from installment payments.  No excess prepayment credits generated from down 
payments will be refunded.

	B.	Ineligible Entities:
Ineligible Entities will have all previously paid installment payments refunded.

III.	Remedial Bidding Credits
Where an Eligible Licensee or Ineligible Entity paid its first and second down payment and met the small 
business qualifications at the time of the July 1994 auction, but did not receive a woman- or minority-
owned small business bidding credit at the time of auction, the Commission will process a refund based 
on the 25% remedial bidding credit.  Because entities that registered as a woman- or minority-owned 
small business received a biding credit at the time of auction, no refund is generated by the small 
business bidding credit.  Where licensees paid for their licenses in full and met the qualifications for a 
small business at the time of auction, and did not receive the credit as a women- or minority- owned 
business, the Commission will process a refund based on the remedial bidding credit.

The refund of excess down payment due to the remedial bidding credit is separate and distinct from the 
218-219 MHz restructuring plan.  Eligible Licensees should not anticipate utilizing the remedial bidding 
credit refund to meet any payment obligations to the Commission that may exist after the recalculation of 
balances or installment payments due on retained licenses.  The payment deadline obligations of the 
licensee may not correspond with the refund of the remedial bidding credit, and the Commission will not 
credit, or offset, the amount owed after the recalculation based upon the anticipated refund.  In addition, 
the Commission is not responsible for remitting any remedial bidding credit refund before the licensee's 
payment deadline. 

IV.	Whom do I contact for a status of my refund?
Tom Putnam at (202) 418-8242 or Gail Glasser at (202) 418-1995 in the Office of the Managing 
Director.

V. When should I expect to receive my refund?
The Commission will endeavor to issue refunds to all parties within approximately 60 from the receipt of 
the completed written request.

ADDITIONAL INFORMATION

Web site
Documents related to the earlier rule making proceeding and its implementation are located at 
the Federal Communications Commission web site: 
http://www.fcc.gov/wtb/auctions/218rest/218rest.html

FCC Reference Center
Documents related to this issue may also be examined and copied during normal business hours 
in the FCC Reference Center, 445 12th Street, SW, Room CY-A257, Washington, DC 20554.  Call 
(202) 418-0270 for further information concerning the business hours.

ITS
In addition, documents may be purchased from the Commission's copy contractor, ITS, Inc., 
1231 20th Street, NW, Washington, DC 20036.  The telephone number for ITS is: (202) 857-3800.

For additional questions or further information concerning the 218-219 MHz restructuring, contact Rita 
Cookmeyer of the Auctions and Industry Analysis Division at (202) 418-0660 or Jamison Prime of the 
Public Safety and Private Wireless Division at (202) 418-0680. 

SAMPLE COVER LETTER
INSTALLMENT PAYMENTS REQUEST FOR REFUND
Date
Federal Communications Commission
Office of the Managing Director
Revenue & Receivables Operations Group
445 12th Street, S.W.
Suite 1-A840
Washington, D.C.   20554

Mr. Putnam,

Enclosed please find a completed ACH Vendor/Miscellaneous Payment Enrollment Form	
for the 218-219 MHz service for the following license(s).

License Number(s): 	______________			______________

			______________			______________
	
			______________			______________

			______________			______________

Winning Bidder Name: __________________________

Current License Holder Name: __________________________

If you have any questions, please contact:
	
	Name: _______________________

	Phone: ______________________

	E-mail: _____________________

	Address: 
______________________________________________________________________

Please remit the funds to the payee on the enclosed form.  

Sincerely,

_____________________________________
Payor or Authorized Representative for Payor

SAMPLE COVER LETTER
REMEDIAL BIDDING CREDIT REQUEST FOR REFUND
									Date
Federal Communications Commission
Office of the Managing Director
Revenue & Receivables Operations Group
445 12th Street, S.W.
Suite 1-A840
Washington, D.C.   20554

Mr. Putnam,

Enclosed please find a completed ACH Vendor/Miscellaneous Payment Enrollment Form	
for the 218-219 MHz service for the following license(s).

License Number(s): 	______________			______________

			______________			______________
	
			______________			______________

			______________			______________

Winning Bidder Name: __________________________

Current License Holder Name: __________________________

If you have any questions,  please contact:
	
	Name: _______________________

	Phone: ______________________

	E-mail: _____________________

	Address: 
______________________________________________________________________

Please remit the funds to the payee on the enclosed form.  

Sincerely,		

_____________________________________
Payor or Authorized Representative for Payor	

  	See In the Matter of Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in 
the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-
169, RM-8951, (rel. Sept. 10, 1999) at 3, 2. (218-219 MHz Order). 
 

 
 
 

PUBLIC NOTICE

		Federal Communications Commission
		445 12th St., S.W.
		Washington, D.C. 20554