8718 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

lands bidding credit is in addition to, 

and separate from, any other bidding 

credit for which a winning bidder may 

qualify. 

174. Unlike other bidding credits that 

are requested prior to the auction, a 

winning bidder applies for the tribal 

lands bidding credit after the auction 

when it files its long-form application 

(FCC Form 601). When initially filing 

the long-form application, the winning 

bidder will be required to advise the 

Commission whether it intends to seek 

a tribal lands bidding credit, for each 

license won in the auction, by checking 

the designated box(es). After stating its 

intent to seek a tribal lands bidding 

credit, the applicant will have 180 days 

from the close of the long-form 

application filing window to amend its 

application to select the specific tribal 

lands to be served and provide the 

required tribal government 

certifications. Licensees receiving a 

tribal lands bidding credit are subject to 

performance criteria as set forth in 47 

CFR 1.2110(f)(3)(vii). 

F. Default and Disqualification 

175. Any winning 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 CFR 1.2104(g)(2). The 

payments include both a deficiency 

payment, equal to the difference 

between the amount of the bidder’s bid 

and the amount of the winning bid the 

next time a license covering the same 

spectrum is won in an auction, plus an 

additional payment equal to a 

percentage of the defaulter’s bid or of 

the subsequent winning bid, whichever 

is less. 

176. The percentage of the applicable 

bid to be assessed as an additional 

payment for defaults in a particular 

auction is established in advance of the 

auction. Accordingly, in the Auction 87 

Comment Public Notice, the Bureau 

proposed to set the additional default 

payment for this auction at 10 percent 

of the applicable bid. The Bureau 

received no comments on this proposal 

and therefore adopts the proposal. 

177. Finally, in the event of a default, 

the Commission may re-auction the 

license or offer it to the next highest 

bidder (in descending order) at its final 

bid amount. In addition, if a default or 

disqualification involves gross 

misconduct, misrepresentation, or bad 

faith by an applicant, the Commission 

may declare the applicant and its 

principals ineligible to bid in future 

auctions, and may take any other action 

that it deems necessary, including 

institution of proceedings to revoke any 

existing licenses held by the applicant. 

G. Refund of Remaining Upfront 

Payment Balance 

178. After the auction, applicants that 

are not winning bidders or are winning 

bidders whose upfront payment 

exceeded the total net amount of their 

winning bids may be entitled to a 

refund of some or all of their upfront 

payment. 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 should not request a 

refund of their upfront payments before 

the Commission releases a public notice 

declaring the auction closed, identifying 

the winning bidders, and establishing 

the deadlines for submitting down 

payments, long-form applications, and 

final payments. More detailed 

information on refunds is available in 

the Auction 87 Procedures Public 

Notice. 

Federal Communications Commission. 

William W. Huber, 

Associate Chief, Auctions and Spectrum 

Access Division, WTB. 

[FR Doc. 2010–3875 Filed 2–24–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notice 

AGENCY: Federal Election Commission. 

DATE AND TIME: Wednesday, February 24, 

2010, at 11:30 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. 437g, 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, February 25, 

2010, 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. 

Notice of Proposed Rulemaking on 

FEC Standards of Conduct. 

DRAFT ADVISORY OPINION 2010–01: Nevada 

State Democratic Party by its counsel, 

Marc E. Elias and Graham M. Wilson. 

Management and Administrative 

Matters. 

Individuals who plan to attend and 

require special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

contact Darlene Harris, Acting 

Commission Secretary, at (202) 694– 

1040, at least 72 hours prior to the 

hearing date. 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Signed: 

Darlene Harris, 

Acting Secretary of the Commission. 

[FR Doc. 2010–3589 Filed 2–24–10; 8:45 am] 

BILLING CODE 6715–01–M 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Notice 

February 17, 2010. 

TIME AND DATE: 10 a.m., Thursday, 

March 4, 2010. 

PLACE: The Richard V. Backley Hearing 

Room, 9th Floor, 601 New Jersey 

Avenue, NW., Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission will consider and act upon 

the following in open session: Secretary 

of Labor v. Wolf Run Mining Company, 

Docket No. WEVA 2008–804. (Issues 

include whether a violation of a 

safeguard notice issued by the Secretary 

may be designated as ‘‘significant and 

substantial.’’) 

Any person attending this meeting 

who requires special accessibility 

features and/or auxiliary aids, such as 

sign language interpreters, must inform 

the Commission in advance of those 

needs. Subject to 29 CFR 2706.150(a)(3) 

and 2706.160(d). 

CONTACT PERSON FOR MORE INFORMATION: 

Jean Ellen (202) 434–9950/(202) 708– 

9300 for TDD Relay/1–800–877–8339 

for toll free. 

Jean H. Ellen, 

Chief Docket Clerk. 

[FR Doc. 2010–3995 Filed 2–23–10; 4:15 pm] 

BILLING CODE P 


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