68364 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

E. What Should I Consider as I Prepare 

My Comments for EPA?

You may find the following 

suggestions helpful for preparing your 

comments:

1. Explain your views as clearly as 

possible.

2. Describe any assumptions that you 

used.

3. Provide copies of any technical 

information and/or data you used that 

support your views.

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide.

5. Provide specific examples to 

illustrate your concerns.

6. Offer alternative ways to improve 

the notice or collection activity.

7. Make sure to submit your 

comments by the deadline in this 

document.

8. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation.

II. Background

A. What Action is the Agency Taking?

The Agency has issued REDs for the 

pesticide active ingredient listed in this 

document. Under FIFRA, as amended in 

1988, EPA is conducting an accelerated 

reregistration program to reevaluate 

existing pesticides to make sure they 

meet current scientific and regulatory 

standards. The data base to support the 

reregistration of the chemical listed in 

this document is substantially complete, 

and the pesticide’s risks has been 

mitigated so that it will not pose 

unreasonable risks to people or the 

environment when used according to its 

approved labeling. In addition, EPA is 

reevaluating existing pesticides and 

reassessing tolerances under the Food 

Quality Protection Act (FQPA) of 1996. 

The pesticide included in this notice 

also has been found to meet the FQPA 

safety standard.

All registrants of pesticide products 

containing the active ingredient listed in 

this document have been sent the 

appropriate Data-Call-In, and must 

respond to labeling requirements and 

product-specific data requirements (if 

applicable) within 8 months of receipt. 

Products also containing other pesticide 

active ingredients will not be 

reregistered until those other active 

ingredients are determined to be eligible 

for reregistration.

The reregistration program is being 

conducted under Congressionally 

mandated time frames, and EPA 

recognizes both the need to make timely 

reregistration decisions and to involve 

the public. Therefore, EPA is issuing the 

RED with a 60–day comment period. 

Although the 60–day public comment 

period does not affect the registrant’s 

response due date, it is intended to 

provide an opportunity for public input 

and a mechanism for initiating any 

necessary amendments to the RED. After 

the comment period the Agency will 

write a response to comments memo, 

and will revise the RED as appropriate.

B. What is the Agency’s Authority for 

Taking this Action?

The legal authority for these REDs 

falls under FIFRA, as amended in 1988 

and 1996. Section 4(g)(2)(A) of FIFRA 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in 

product-specific data on individual enduse products, and either reregistering 

products or taking ‘‘other appropriate 

regulatory action.’’

List of Subjects

Environmental protection, Chemicals, 

Pesticides and pests.

Dated: November 16, 2004.

Debra Edwards,

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs.

[FR Doc. 04–26082 Filed 11–24–04; 8:45 am] 

BILLING CODE 6560–50–S

FEDERAL COMMUNICATIONS 

COMMISSION 

[Report No. AUC–04–59–A; (Auction No. 

59); DA 04–3198] 

Multiple Address Systems Spectrum 

Auction; Reserve Prices or Minimum 

Opening Bids and Other Auction 

Procedures

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: This document announces the 

auction of 4,226 Multiple Address 

Systems (MAS) licenses in the Fixed 

Microwave Services from the 928/959 

and 932/941 MHz bands scheduled to 

commence on April 26, 2005 (Auction 

No. 59). This document also seeks 

comment on reserve prices or minimum 

opening bids and other auction 

procedures for Auction No. 59.

DATES: Comments are due on or before 

December 2, 2004, and reply comments 

are due on or before December 9, 2004.

ADDRESSES: Comments and reply 

comments must be sent by electronic 

mail to the following address: 

auction59@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For 

legal questions: Howard Davenport, 

Auctions and Spectrum Access Division 

(202) 418–0660. For general auction 

questions: Roy Knowles or Barbara 

Sibert (717) 338–2888. For service rule 

questions, contact the Public Safety and 

Critical Infrastructure Division, Wireless 

Telecommunications Bureau, as follows:

John Evanoff, (202) 418–0680; or Joan 

Howery, (717) 338–2646.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice released on November 15, 2004. 

The complete text of the Auction No. 59 

Comment Public Notice, including 

attachments and of related Commission 

documents is available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The Auction No. 

59 Comment Public Notice and related 

Commission documents may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (‘‘BCPI’’), Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC, 20554, telephone 202–

488–5300, facsimile 202–488–5563, or 

you may contact BCPI at its Web site: 

http://www.BCPIWEB.com When 

ordering documents from BCPI, please 

provide the appropriate FCC document 

number (for example, FCC 00–313 for 

the C/F Block Sixth Report and Order). 

The Auction No. 59 Comment Public 

Notice and related documents are also 

available on the Internet at the 

Commission’s Web site: http://

wireless.fcc.gov/auctions/59/.

I. General Information 

1. By the Auction No. 59 Public 

Notice, the Wireless 

Telecommunications Bureau (‘‘Bureau’’) 

announces the auction of 4,226 Multiple 

Address Systems (‘‘MAS’’) licenses in 

the Fixed Microwave Services from the 

928/959 and 932/941 MHz bands to 

commence on April 26, 2005 (Auction 

No. 59). In Auction No. 59, licenses will 

be offered in each of the 176 geographic 

areas known as Economic Areas (EAs), 

where available. These geographic areas 

encompass the United States, Guam and 

the Northern Marianas Islands, Puerto 

Rico and the United States Virgin 

Islands, American Samoa, and the Gulf 

of Mexico. Due to the large number of 

licenses in Auction No. 59, the complete 

list of licenses available for this auction 

will be provided in electronic format

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68365

only, available as Attachment A of 

Auction No. 59 Comment Public Notice.

2. The following table contains the 

MAS block/frequency bands crossreference list for Auction No. 59:

Block Frequency bands*

(MHz) Total bandwidth** Pairing Geographic area type 

AA .................. 928.85625 / 959.85625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AB .................. 928.86875 / 959.86875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AC .................. 928.88125 / 959.88125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AD .................. 928.89375 / 959.89375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AE .................. 928.90625 / 959.90625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AF .................. 928.91875 / 959.91875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AG ................. 928.93125 / 959.93125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AH .................. 928.94375 / 959.94375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AI ................... 928.95625 / 959.95625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AJ .................. 928.96875 / 959.96875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AK .................. 928.98125 / 959.98125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AL .................. 928.99375 / 959.99375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AM ................. 932.00625 / 941.00625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AN .................. 932.01875 / 941.01875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AO ................. 932.03125 / 941.03125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AP .................. 932.04375 / 941.04375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AQ ................. 932.05625 / 941.05625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AR .................. 932.06875 / 941.06875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AS .................. 932.08125 / 941.08125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AT .................. 932.09375 / 941.09375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AU .................. 932.15625 / 941.15625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AV .................. 932.16875 / 941.16875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AW ................. 932.18125 / 941.18125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AX .................. 932.19375 / 941.19375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AY .................. 932.20625 / 941.20625 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

AZ .................. 932.21875 / 941.21875 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

BA .................. 932.23125 / 941.23125 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

BB .................. 932.24375 / 941.24375 .................................... 25 kHz ........................ 2 x 12.5 kHz .................................. EA 

*The individual frequencies listed in this chart are the center frequencies of each frequency pair in the block to be auctioned. See 47 CFR 

101.147(b)(3), (4). Each block consists of two channels of equal bandwidth. For example, in Block AA, 928.85625 and 959.85625 are the center

frequencies and each frequency pair is comprised of two 12.5 kHz wide channels. Therefore, the two channels in Block AA are 928.8500–

928.8625 MHz and 959.8500–959.8625 MHz. ** ‘‘Total Bandwidth’’ represents the total bandwidth for the block, which is the combination of each channel in the pair. 

Note: For Auction No. 59, licenses are not available in every block listed in the above table in every market. The complete list of licenses 

available for Auction No. 59 will be provided in electronic format only, available as Attachment A to the Auction No. 59 Comment Public Notice. 

3. The Communications Act requires 

the Commission to ‘‘ensure that, in the 

scheduling of any competitive bidding 

under this subsection, an adequate 

period is allowed * * * before issuance 

of bidding rules, to permit notice and 

comment on proposed auction 

procedures. * * *’’ Consistent with the 

provisions of the Communications Act 

and to ensure that potential bidders 

have adequate time to familiarize 

themselves with the specific rules that 

will govern the day-to-day conduct of an 

auction, the Commission directed the 

Bureau, under its existing delegated 

authority, to seek comment on a variety 

of auction-specific procedures prior to 

the start of each auction. The Bureau 

therefore seeks comment on the 

following issues relating to Auction No. 

59. 

II. Auction Structure 

A. Simultaneous Multiple-Round 

Auction Design 

4. The Bureau proposes to award all 

licenses included in Auction No. 59 in 

a simultaneous multiple-round auction. 

As described further below, this 

methodology offers every license for bid 

at the same time with successive 

bidding rounds in which bidders may 

place bids. The Bureau seeks comment 

on this proposal. 

B. Upfront Payments and Bidding 

Eligibility 

5. The Bureau has delegated authority 

and discretion to determine an 

appropriate upfront payment for each 

license being auctioned, taking into 

account such factors as the population 

in each geographic license area and the 

value of similar spectrum. As described 

further below, the upfront payment is a 

refundable deposit made by each bidder 

to establish eligibility to bid on licenses. 

Upfront payments related to the specific 

spectrum subject to auction protect 

against frivolous or insincere bidding 

and provide the Commission with a 

source of funds from which to collect 

payments owed at the close of the 

auction. With these guidelines in mind 

for Auction No. 59, we propose to 

calculate upfront payments on a licenseby-license basis using the following 

formula:

$0.00000375 * kHz * License Area 

Population with a minimum of $1,000 

per license.

6. Accordingly, in Attachment A of 

the Auction No. 59 Comment Public 

Notice we list all licenses included in 

Auction No. 59 and the proposed 

upfront payment for each license. 

Attachment A of the Auction No. 59 

Comment Public Notice is available in 

electronic format. The Bureau seeks 

comment on this proposal. 

7. The Bureau further proposes that 

the amount of the upfront payment 

submitted by a bidder will determine 

the maximum number of bidding units 

on which a bidder may place bids. This 

limit is a bidder’s initial eligibility. Each 

license is assigned a specific number of 

bidding units equal to the upfront 

payment listed in Attachment A of the 

Auction No. 59 Comment Public Notice,

on a bidding unit per dollar basis. This 

number does not change as prices rise 

during the auction. A bidder’s upfront 

payment is not attributed to specific

68366 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

licenses. Rather, a bidder may place 

bids on any combination of licenses as 

long as the total number of bidding 

units associated with those licenses 

does not exceed its current eligibility. 

Eligibility cannot be increased during 

the auction. Thus, in calculating its 

upfront payment amount, an applicant 

must determine the maximum number 

of bidding units it may wish to bid on 

(or hold high bids on) in any single 

round, and submit an upfront payment 

covering that number of bidding units. 

The Bureau seeks comment on this 

proposal. 

C. Activity Rules 

8. In order to ensure that the auction 

closes within a reasonable period of 

time, an activity rule requires bidders to 

bid actively on a percentage of their 

current bidding eligibility during each 

round of the auction rather than waiting 

until the end to participate. A bidder 

that does not satisfy the activity rule 

will either lose bidding eligibility in the 

next round or must use an activity rule 

waiver (if any remain). 

9. The Bureau proposes to divide the 

auction into two stages, each 

characterized by an increased activity 

requirement. The auction will start in 

Stage One. The Bureau proposes that the 

auction generally will advance from 

Stage One to Stage Two when the 

auction activity level, as measured by 

the percentage of bidding units 

receiving new high bids, is 

approximately twenty percent or below 

for three consecutive rounds of bidding. 

However, the Bureau further proposes 

that it retains the discretion to change 

stages unilaterally by announcement 

during the auction. In exercising this 

discretion, the Bureau will consider a 

variety of measures of bidder activity, 

including, but not limited to, the 

auction activity level, the percentage of 

licenses (as measured in bidding units) 

on which there are new bids, the 

number of new bids, and the percentage 

increase in revenue. The Bureau seeks 

comment on these proposals. 

10. For Auction No. 59, we propose 

the following activity requirements: 

Stage One: In each round of the first 

stage of the auction, a bidder desiring to 

maintain its current eligibility is 

required to be active on licenses 

representing at least 80 percent of its 

current bidding eligibility. Failure to 

maintain the requisite activity level will 

result in a reduction in the bidder’s 

bidding eligibility in 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 current 

round activity by five-fourths (5/4). 

Stage Two: In each round of the 

second stage, a bidder desiring to 

maintain its current eligibility is 

required to be active on 95 percent of its 

current bidding eligibility. In this final 

stage, reduced eligibility for the next 

round will be calculated by multiplying 

the current round activity by twentynineteenths (20/19). 

11. The Bureau seeks comment on 

these proposals. Commenters that 

believe these activity rules should be 

modified should explain their reasoning 

and comment on the desirability of an 

alternative approach. Commenters are 

advised to support their claims with 

analyses and suggested alternative 

activity rules.

D. Activity Rule Waivers and Reducing 

Eligibility 

12. Use of an activity rule waiver 

preserves the bidder’s current bidding 

eligibility despite the bidder’s activity 

in the current round being below the 

required minimum level. An activity 

rule waiver applies to an entire round 

of bidding and not to a particular 

license. Activity rule waivers can be 

either proactive or automatic and are 

principally a mechanism for auction 

participants to avoid the loss of auction 

eligibility in the event that exigent 

circumstances prevent them from 

placing a bid in a particular round.

Note: Once a proactive waiver is 

submitted, that waiver cannot be 

unsubmitted, even if the round has not yet 

closed.

13. The FCC Automated Auction 

System assumes that bidders with 

insufficient activity would prefer to use 

an activity rule waiver (if available) 

rather than lose bidding eligibility. 

Therefore, the system will automatically 

apply a waiver (known as an ‘‘automatic 

waiver’’) at the end of any bidding 

period where a bidder’s activity level is 

below the minimum required unless: (i) 

there are no activity rule waivers 

available; or (ii) the bidder overrides the 

automatic application of a waiver by 

reducing eligibility, thereby meeting the 

minimum requirements.

Note: If a bidder has no waivers remaining 

and does not satisfy the required activity 

level, its current eligibility will be 

permanently reduced, possibly eliminating 

the bidder from the auction.

14. A bidder with insufficient activity 

may wish to reduce its bidding 

eligibility rather than use an activity 

rule waiver. If so, the bidder must 

affirmatively override the automatic 

waiver mechanism during the bidding 

period by using the ‘‘reduce eligibility’’

function in the bidding system. In this 

case, the bidder’s eligibility is 

permanently reduced to bring the bidder 

into compliance with the activity rules 

as described above. Once eligibility has 

been reduced, a bidder will not be 

permitted to regain its lost bidding 

eligibility. 

15. A bidder may proactively use an 

activity rule waiver as a means to keep 

the auction open without placing a bid. 

If a bidder submits a proactive waiver 

(using the proactive waiver function in 

the bidding system) during a bidding 

period in which no bids or withdrawals 

are submitted, the auction will remain 

open and the bidder’s eligibility will be 

preserved. An automatic waiver invoked 

in a round in which there are no new 

valid bids or withdrawals will not keep 

the auction open. 

16. The Bureau proposes that each 

bidder in Auction No. 59 be provided 

with three activity rule waivers that may 

be used at the bidder’s discretion during 

the course of the auction as set forth 

above. The Bureau seeks comment on 

this proposal. 

E. Information Relating to Auction 

Delay, Suspension, or Cancellation 

17. For Auction No. 59, the Bureau 

proposes that, by public notice or by 

announcement during the auction, the 

Bureau may delay, suspend, or cancel 

the auction in the event of natural 

disaster, technical obstacle, evidence of 

an auction security breach, unlawful 

bidding activity, or administrative or 

weather necessity, or for any other 

reason that affects the fair and efficient 

conduct of competitive bidding. In such 

cases, the Bureau, in its 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 Bureau to delay or suspend 

the auction. The Bureau emphasizes 

that exercise of this authority is solely 

within the discretion of the Bureau, and 

its use is not intended to be a substitute 

for situations in which bidders may 

wish to apply their activity rule waivers. 

The Bureau seeks comment on this 

proposal. 

III. Bidding Procedures 

A. Round Structure 

18. The Commission will conduct 

Auction No. 59 over the Internet. 

Alternatively, telephonic bidding will 

also be available. The toll free telephone 

number through which telephonic 

bidding may be accessed will be 

announced in a later public notice. The 

FCC Wide Area Network will no longer 

be available as a contingency plan.

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68367

19. The initial bidding schedule will 

be announced in a public notice to be 

released at least one week before the 

start of the auction, and will be 

included in the registration mailings. 

The simultaneous multiple-round 

format will consist of sequential bidding 

rounds, each followed by the release of 

round results. Details regarding the 

location and format of round results will 

be included in the same public notice. 

20. The Bureau 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 Bureau 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. The 

Bureau seeks comment on this proposal. 

B. Reserve Price or Minimum Opening 

Bid 

21. The Communications Act calls 

upon the Commission to prescribe 

methods for establishing a reasonable 

reserve price or a minimum opening bid 

when FCC licenses are subject to 

auction, unless the Commission 

determines that a reserve price or 

minimum opening bid is not in the 

public interest. Consistent with this 

mandate, the Commission has directed 

the Bureau to seek comment on the use 

of a minimum opening bid and/or 

reserve price prior to the start of each 

auction. 

22. Normally, a reserve price is an 

absolute minimum price below which 

an item will not be sold in a given 

auction. Reserve prices can be either 

published or unpublished. A minimum 

opening bid, on the other hand, is the 

minimum bid price set at the beginning 

of the auction below which no bids are 

accepted. It is generally used to 

accelerate the competitive bidding 

process. Also, the auctioneer often has 

the discretion to lower the minimum 

opening bid amount later in the auction. 

It is also possible for the minimum 

opening bid and the reserve price to be 

the same amount.

23. In light of the Communications 

Act’s requirements, the Bureau proposes 

to establish minimum opening bids for 

Auction No. 59. The Bureau believes a 

minimum opening bid, which has been 

used in other auctions, is an effective 

bidding tool. 

24. Specifically, for Auction No. 59, 

the Commission proposes the following 

license-by-license formula for 

calculating minimum opening bids:

$0.00000375 * kHz * License Area 

Population with a minimum of $1,000 

per license.

25. The specific minimum opening 

bid for each license available in Auction 

No. 59 is set forth in Attachment A of 

Auction No. 59 Comment Public Notice.

The Bureau seeks comment on this 

proposal. 

26. If commenters believe that these 

minimum opening bids will result in 

substantial numbers of ‘‘unwon’’

licenses, or are not reasonable amounts, 

or should instead operate as reserve 

prices, they should explain why this is 

so, and comment on the desirability of 

an alternative approach. Commenters 

are advised to support their claims with 

valuation analyses and suggested 

reserve prices or minimum opening bid 

levels or formulas. In establishing the 

minimum opening bids, the Bureau 

particularly seeks comment on such 

factors as the amount of spectrum being 

auctioned, levels of incumbency, the 

availability of technology to provide 

service, the size of the geographic 

service areas, issues of interference with 

other spectrum bands and any other 

relevant factors that could reasonably 

have an impact on valuation of these 

MAS licenses. The Bureau also seeks 

comment on whether, consistent with 

the Communications Act, the public 

interest would be served by having no 

minimum opening bid or reserve price. 

C. Minimum Acceptable Bids and Bid 

Increments 

27. In each round, eligible bidders 

will be able to place bids on a given 

license in any of nine different amounts. 

The FCC Automated Auction System 

interface will list the nine acceptable 

bid amounts for each license. Until a bid 

has been placed on a license, the 

minimum acceptable bid for that license 

will be equal to its minimum opening 

bid. In the rounds after a bid is placed 

on a license, the minimum acceptable 

bid for that license will be equal to the 

standing high bid plus the defined 

increment. 

28. Once there is a standing high bid 

on a license, the FCC Automated 

Auction System will calculate a 

minimum acceptable bid for that license 

for the following round, as described 

below. The difference between the 

minimum acceptable bid and the 

standing high bid for each license will 

define the bid increment. The nine 

acceptable bid amounts for each license 

consist of the minimum acceptable bid 

(the standing high bid plus one bid 

increment) and additional amounts 

calculated using multiple bid 

increments (i.e., the second bid amount 

equals the standing high bid plus two 

times the bid increment, the third bid 

amount equals the standing high bid 

plus three times the bid increment, etc.). 

29. For Auction No. 59, the Bureau 

proposes to use a 10 percent bid 

increment. This means that the 

minimum acceptable bid for a license 

will be approximately 10 percent greater 

than the previous standing high bid 

received on the license. The minimum 

acceptable bid amount will be 

calculated by multiplying the standing 

high bid times one plus the increment 

percentage ‘‘i.e., (standing high bid) * 

(1.10). The Commission will round the 

result using our standard rounding 

procedures for minimum acceptable bid 

calculations: 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. 

30. As stated above, until a bid has 

been placed on a license, the minimum 

acceptable bid for that license will be 

equal to its minimum opening bid. The 

additional bid amounts are calculated 

using the difference between the 

minimum opening bid times one plus 

the minimum percentage increment, 

rounded as described above, and the 

minimum opening bid. That is, I = 

(minimum opening bid)(1 + 

N){rounded} ¥ (minimum opening 

bid). Therefore, when N equals 0.1, the 

first additional bid amount will be 

approximately ten percent higher than 

the minimum opening bid; the second, 

twenty percent; the third, thirty percent; 

etc. 

31. In the case of a license for which 

the standing high bid has been 

withdrawn, the minimum acceptable 

bid will equal the second highest bid 

received for the license. The additional 

bid amounts are calculated using the 

difference between the second highest 

bid times one plus the minimum 

percentage increment, rounded, and the 

second highest bid. 

32. The Bureau retains the discretion 

to change the minimum acceptable bids 

and bid increments if it determines that 

circumstances so dictate. The Bureau 

will do so by announcement in the 

Automated Auction System. The Bureau 

seeks comment on these proposals. 

D. High Bids 

33. At the end of a bidding round, a 

high bid for each license will be 

determined based on the highest gross 

bid amount received for the license. In 

the event of identical high bids on a 

license in a given round (i.e., tied bids), 

we propose to use a random number 

generator to select a single high bid from 

among the tied bids. If the auction were

68368 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

to end with no higher bids being placed 

for that license, the winning bidder 

would be the one that placed the 

selected high bid. However, the 

remaining bidders, as well as the high 

bidder, can submit higher bids in 

subsequent rounds. If any bids are 

received on the license in a subsequent 

round, the high bid again will be 

determined by the highest gross bid 

amount received for the license. The 

Bureau seeks comment on this proposal. 

34. A high bid will remain the high 

bid until there is a higher bid on the 

same license at the close of a subsequent 

round. A high bid from a previous 

round is sometimes referred to as a 

‘‘standing high bid.’’ Bidders are 

reminded that standing high bids count 

towards bidding activity. 

E. Information Regarding Bid 

Withdrawal and Bid Removal 

35. For Auction No. 59, the Bureau 

proposes the following bid removal and 

bid withdrawal procedures. Before the 

close of a bidding period, a bidder has 

the option of removing any bid placed 

in that round. By removing selected bids 

in the bidding 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 a withdrawal payment. Once 

a round closes, a bidder may no longer 

remove a bid. 

36. A high bidder may withdraw its 

standing high bids from previous 

rounds using the withdraw function in 

the bidding system. A high bidder that 

withdraws its standing high bid from a 

previous round is subject to the bid 

withdrawal payment provisions of the 

Commission rules. The Bureau seeks 

comment on these bid removal and bid 

withdrawal procedures. 

37. In the Part 1 Third Report and 

Order, 63 FR 770, January 7, 1998, the 

Commission explained that allowing bid 

withdrawals facilitates efficient 

aggregation of licenses and the pursuit 

of efficient backup strategies as 

information becomes available during 

the course of an auction. The 

Commission noted, however, that, in 

some instances, bidders may seek to 

withdraw bids for improper reasons. 

The Bureau, therefore, has discretion, in 

managing the auction, to limit the 

number of withdrawals to prevent any 

bidding abuses. The Commission stated 

that the Bureau should assertively 

exercise its discretion, consider limiting 

the number of rounds in which bidders 

may withdraw bids, and prevent bidders 

from bidding on a particular market if 

the Bureau finds that a bidder is abusing 

the Commission’s bid withdrawal 

procedures. 

38. Applying this reasoning, the 

Bureau proposes to limit each bidder in 

Auction No. 59 to withdrawing standing 

high bids in no more than two rounds 

during the course of the auction. To 

permit a bidder to withdraw bids in 

more than two rounds would likely 

encourage insincere bidding or the use 

of withdrawals for anti-competitive 

purposes. The two rounds in which 

withdrawals are utilized will be at the 

bidder’s discretion; withdrawals 

otherwise must be in accordance with 

the Commission’s rules. There is no 

limit on the number of standing high 

bids that may be withdrawn in either of 

the rounds in which withdrawals are 

utilized. Withdrawals will remain 

subject to the bid withdrawal payment 

provisions specified in the 

Commission’s rules. The Bureau seeks 

comment on this proposal.

F. Stopping Rule 

39. The Bureau has discretion to 

establish stopping rules before or during 

multiple round auctions in order to 

terminate the auction within a 

reasonable time. For Auction No. 59, the 

Bureau proposes to employ a 

simultaneous stopping rule approach. A 

simultaneous stopping rule means that 

all licenses remain available for bidding 

until bidding closes simultaneously on 

all licenses. 

40. Bidding will close simultaneously 

on all licenses after the first round in 

which no new bids, proactive waivers, 

or withdrawals are received. Thus, 

unless circumstances dictate otherwise, 

bidding will remain open on all licenses 

until bidding stops on every license. 

41. However, the Bureau proposes to 

retain the discretion to exercise any of 

the following options during Auction 

No. 59: 

i. Utilize a modified version of the 

simultaneous stopping rule. The 

modified stopping rule would close the 

auction for all licenses after the first 

round in which no bidder submits a 

proactive waiver, withdrawal, or a new 

bid on any license on which it is not the 

standing high bidder. Thus, absent any 

other bidding activity, a bidder placing 

a new bid on a license for which it is 

the standing high bidder would not 

keep the auction open under this 

modified stopping rule. The Bureau 

further seeks comment on whether this 

modified stopping rule should be used 

at any time or only in stage two of the 

auction. 

ii. Keep the auction open even if no 

new bids or proactive waivers are 

submitted and no previous high bids are 

withdrawn. In this event, the effect will 

be the same as if a bidder had submitted 

a proactive waiver. The activity rule, 

therefore, will apply as usual and a 

bidder with insufficient activity will 

either lose bidding eligibility or use a 

remaining activity rule waiver. 

iii. Declare that the auction will end 

after a specified number of additional 

rounds (‘‘special stopping rule’’). If the 

Bureau invokes this special stopping 

rule, it will accept bids in the specified 

final round(s) only for licenses on 

which the high bid increased in at least 

one of a specified preceding number of 

rounds. 

42. The Bureau proposes to exercise 

these options only in certain 

circumstances, for example, where the 

auction is proceeding very slowly, there 

is minimal overall bidding activity, or it 

appears likely that the auction will not 

close within a reasonable period of time. 

Before exercising these options, the 

Bureau is 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 licenses where 

there is still a high level of bidding 

activity. The Bureau seeks comment on 

these proposals. 

IV. Conclusion 

43. Comments are due on or before 

December 2, 2004, and reply comments 

are due on or before December 9, 2004. 

Because of the disruption of regular 

mail and other deliveries in 

Washington, DC, the Bureau requires 

that all comments and reply comments 

be filed electronically. Comments and 

reply comments must be sent by 

electronic mail to the following address: 

auction59@fcc.gov. The electronic mail 

containing the comments or reply 

comments must include a subject or 

caption referring to Auction No. 59 

Comments and the name of the 

commenting party. The Bureau requests 

that parties format any attachments to 

electronic mail as Adobe Acrobat

(pdf) or Microsoft Word documents. 

Copies of comments and reply 

comments will be available for public 

inspection during regular business 

hours in the FCC Reference Information 

Center, Room CY–B402, 445 12th Street, 

SW., Washington, DC 20554. In 

addition, the Bureau requests that 

commenters fax a courtesy copy of their 

comments and reply comments to the 

attention of Kathryn Garland at (717) 

338–2850. 

44. This proceeding has been 

designated as a ‘‘permit-but-disclose’’

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making oral ex parte presentations are 

reminded that memoranda summarizing 

the presentations must contain

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68369

summaries of the substance of the 

presentations and not merely a listing of 

the subjects discussed. More than a one 

or two sentence description of the views 

and arguments presented is generally 

required. Other rules pertaining to oral 

and written ex parte presentations in 

permit-but-disclose proceedings are set 

forth in § 1.1206(b) of the Commission’s 

rules.

Federal Communications Commission. 

Gary D. Michaels, 

Deputy Chief, Auctions and Spectrum Access 

Division, WTB.

[FR Doc. 04–26061 Filed 11–23–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL ELECTION COMMISSION

Sunshine Act Notices

PREVIOUSLY ANNOUNCED DAY AND TIME:

Tuesday, November 16, 2004, 10 a.m. 

Meeting Closed to the Public. This 

meeting was cancelled.

DATE AND TIME: Tuesday, November 30, 

2004 at 10 a.m.

PLACE: 999 E Street, NW., Washington, 

DC.

STATUS: This meeting will be closed to 

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 

U.S.C. section 437g, section 438(b), and 

Title 26, U.S.C. 

Matters concerning participation in 

civil actions or proceedings or 

arbitration. 

Internal personnel rules and 

procedures or matters affecting a 

particular employee.

DATE AND TIME: Thursday, December 2, 

2004 at 10 a.m.

PLACE: 999 E Street, NW., Washington, 

DC (Ninth Floor).

STATUS: This meeting will be open to the 

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes. 

Draft Advisory Opinion 2004–40: The 

Libertarian Party of Maryland by Joseph 

J. Miller, Treasurer. 

Notice of Proposed Rulemaking on 

Party Donations to Tax-exempt 

Organizations. 

Routine Administrative Matters.

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Biersack, Press Officer, 

Telephone: (202) 694–1220.

Mary W. Dove, 

Secretary of the Commission.

[FR Doc. 04–26199 Filed 11–22–04; 2:49 pm] 

BILLING CODE 6715–01–M

FEDERAL MARITIME COMMISSION

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may obtain copies of 

agreements by contacting the 

Commission’s Office of Agreements at 

202–523–5793 or via e-mail at 

tradeanalysis@fmc.gov. Interested 

parties may submit comments on an 

agreement to the Secretary, Federal 

Maritime Commission, Washington, DC 

20573, within 10 days of the date this 

notice appears in the Federal Register. 

Agreement No.: 011324–016. 

Title: Transpacific Space Utilization 

Agreement. 

Parties: American President Lines 

Ltd.; APL Co. Pte Ltd.; Evergreen Marine 

Corporation (Taiwan), Ltd.; Hanjin 

Shipping Co., Ltd.; Hapag-Lloyd 

Container Linie GmbH; Hyundai 

Merchant Marine Co., Ltd.; Kawasaki 

Kisen Kaisha Ltd.; Mitsui O.S.K. Lines, 

Ltd.; Nippon Yusen Kaisha; Orient 

Overseas Container Line Limited; P&O 

Nedlloyd, Ltd.; P&O Nedlloyd B.V.; 

Westwood Shipping Lines; and 

Yangming Marine Transport Corp. 

Filing Party: Wayne R. Rohde, Esq., 

Sher & Blackwell, 1850 M Street, NW., 

Suite 900, Washington, DC 20036. 

Synopsis: The amendment deletes 

A.P. Moller-Maersk Sealand as a party 

to the agreement. 

Agreement No.: 011852–014. 

Title: Maritime Security Discussion 

Agreement. 

Parties: China Shipping Container 

Lines, Co., Ltd.; CMA CGM, S.A.; 

COSCO Container Lines Company, Ltd.; 

Evergreen Marine Corp.; Hanjin 

Shipping Company, Ltd.; Hapag Lloyd 

Container Linie GmbH; Hyundai 

Merchant Marine Co., Ltd.; Kawasaki 

Kisen Kaisha Ltd.; Nippon Yusen 

Kaisha; Orient Overseas Container Line 

Limited; P&O Nedlloyd Limited; Yang 

Ming Marine Transport Corp.; Zim 

Integrated Shipping Services, Ltd.; 

Alabama State Port Authority; APM 

Terminals North America, Inc.; Ceres 

Terminals, Inc.; Cooper/T. Smith 

Stevedoring Co., Inc.; Global Terminal & 

Container Services, Inc.; Howland Hook 

Container Terminal, Inc.; Husky 

Terminal & Stevedoring, Inc.; 

International Shipping Agency; 

International Transportation Service, 

Inc.; Lambert’s Point Docks Inc.; Long 

Beach Container Terminal, Inc.; Maersk 

Pacific Ltd.; Maher Terminals, Inc.; 

Marine Terminals Corp.; Maryland Port 

Administration; Massachusetts Port 

Authority; Metropolitan Stevedore Co.; 

P&O Ports North American, Inc.; Port of 

Tacoma; South Carolina State Ports 

Authority; Stevedoring Services of 

America, Inc.; Trans Bay Container 

Terminal, Inc.; TraPac Terminals; 

Universal Maritime Service Corp.; 

Virginia International Terminals; and 

Yusen Terminals, Inc. 

Filing Parties: Carol N. Lambos, 

Lambos & Junge, 29 Broadway, 9th 

Floor, New York, NY 10006 and Charles 

T. Carroll, Jr., Carroll & Froelich, PLLC, 

2011 Pennsylvania Avenue, NW., Suite 

301, Washington, DC 20006. 

Synopsis: The amendment deletes 

Eagle Marine Services, Ltd. as a member 

to the agreement.

Dated: November 19, 2004.

By Order of the Federal Maritime 

Commission. 

Bryant L. VanBrakle, 

Secretary.

[FR Doc. 04–26064 Filed 11–23–04; 8:45 am] 

BILLING CODE 6730–01–P

FEDERAL MARITIME COMMISSION

Ocean Transportation Intermediary 

License Applicants 

Notice is hereby given that the 

following applicants have filed with the 

Federal Maritime Commission an 

application for license as a Non-VesselOperating Common Carrier and Ocean 

Freight Forwarder—Ocean 

Transportation Intermediary pursuant to 

section 19 of the Shipping Act of 1984 

as amended (46 U.S.C. app. 1718 and 46 

CFR part 515). 

Persons knowing of any reason why 

the following applicants should not 

receive a license are requested to 

contact the Office of Transportation 

Intermediaries, Federal Maritime 

Commission, Washington, DC 20573. 

Non-Vessel-Operating Common 

Carrier Ocean Transportation 

Intermediary Applicants:

Westcove Investments, Inc. dba Cargo 

Link International, 1810 Borrego 

Drive, West Covina, CA 91791. 

Officers: Rey Nicolas Dumandan, 

President/CEO (Qualifying 

Individual), Maria Lourdes A. Timbol, 

Secretary.

Seagold (USA) Inc., 219 Stuyvesant 

Avenue, Lyndhurst, NY 07071. 

Officer: Tariq Mahmood, President 

(Qualifying Individual).

Trans Freight (USA) Inc., 317 W. Main 

Street, Unit 419, Alhambra, CA 91801. 

Officer: Sammy Jing Huang, President 

(Qualifying Individual). 

Nelcon Cargo Corporation, 179 

Morningside Drive, Miami Springs, 

FL 33166. Officers: Nydia Bermudez, 

President (Qualifying Individual), 

Estela Perez, Vice President.