Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices 35633

DFO at least five business days prior to

the meeting so that appropriate

arrangements can be made.

Dated: May 25, 2000.

Donald G. Barnes,

Staff Director,, Science Advisory Board.

[FR Doc. 00–13977 Filed 6–2–00; 8:45 am]

BILLING CODE 6560–50–P

FARM CREDIT ADMINISTRATION

Farm Credit Administration Board;

Regular Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given,

pursuant to the Government in the

Sunshine Act (5 U.S.C. 552b(e)(3)), of

the forthcoming regular meeting of the

Farm Credit Administration Board

(Board).

DATE AND TIME: The regular meeting of

the Board will be held at the offices of

the Farm Credit Administration in

McLean, Virginia, on June 8, 2000, from

9:00 a.m. until such time as the Board

concludes its business.

FOR FURTHER INFORMATION CONTACT:

Vivian L. Portis, Secretary to the Farm

Credit Administration Board, (703) 883–

4025, TDD (703) 883–4444.

ADDRESS: Farm Credit Administration,

1501 Farm Credit Drive, McLean,

Virginia 22102–5090.

SUPPLEMENTARY INFORMATION: This

meeting of the Board will be open to the

public (limited space available). In order

to increase the accessibility to Board

meetings, persons requiring assistance

should make arrangements in advance.

The matters to be considered at the

meeting are:

Open Session

A. Approval of Minutes

May 3, 2000 (Open and Closed)

B. New Business

1. Regulation

Standards of Conduct Plain Language

Rewrite [12 CFR Part 612] (Direct Final

with Opportunity to Comment).

2. Reports

No Action Requests and Pilot

Programs.

Approvals under Delegated

Authorities.

Dated: June 1, 2000.

Vivian L. Portis,

Secretary, Farm Credit Administration Board.

[FR Doc. 00–14187 Filed 6–1–00; 3:07 pm]

BILLING CODE 6705–01–P

FEDERAL COMMUNICATIONS

COMMISSION

[DA 00–900]

Implementation Procedures for the

Report and Order and Memorandum

Opinion and Order Addressing the

218–219 MHz Services (Formerly

Known as Interactive Video and Data

Services (IVDS))

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: This document addresses

implementation procedures regarding

restructuring options and remedial

bidding credits for current and former

218–219 MHz licensees. These service

and technical rules were modified to

maximize the efficient and effective use

of the band.

FOR FURTHER INFORMATION CONTACT: Ben

Freeman or Nicole Oden 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.

SUPPLEMENTARY INFORMATION: This is a

summary of a Public Notice released

April 20, 2000. The complete text of the

public notice, including Attachments A,

B and C, is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room CY–

A257), 445 12th Street, SW.,

Washington, DC. It may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc. (ITS, Inc.) 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800. It is also available on

the Commission’s web site at http://

www.fcc.gov.

I. Background

1. On September 10, 1999, the Federal

Communications Commission

(‘‘Commission’’) issued FCC 99–239

which modified the regulations

governing the licensing of the 218–219

MHz Service (formerly known as IVDS)

to maximize the efficient and effective

use of the band. See, Part 95 of the

Commission’s Rules to Provide

Regulatory Flexibility in the 218–219

MHz Service (218–219 MHz Order) 64

FR 59656 (November 3, 1999). The 218–

219 MHz Order, among other things,

modified service and technical rules for

the band and extended the license term

from five to ten years. The Commission

also adopted a restructuring plan for

existing licensees that: (i) were current

in installment payments as of March 16,

1998; (ii) were less than ninety days

delinquent on the last payment due

before March 16, 1998; or (iii) had

properly filed grace period requests

under the former installment payment

rules (‘‘Eligible Licensees’’). Pursuant to

the restructuring plan, Eligible

Licensees must make elections on a per

license basis, choosing between three

options: (a) Reamortization and

Resumption of Payments; (b) Amnesty;

or (c) Prepayment (Prepayment-Retain

or Prepayment-Return). Eligible

Licensees that fail to submit a valid

election with respect to any license by

the Election Date will be assumed to

have elected Amnesty for all of their

218–219 MHz licenses.

2. ‘‘Ineligible Entities’’ are those

entities that made second down

payments and: (i) made some

installment payments, but were not

current in their installment payments as

of March 16, 1998, and did not have a

grace period request on file in

conformance with the former rules; or

(ii) entities that never made any

installment payments and did not have

a timely filed grace period request on

file. Ineligible Entities are not entitled to

make elections, but will be granted debt

forgiveness for any outstanding balances

owed and have previously paid

installment payments refunded. The

Commission will release a separate

Public Notice detailing the procedures

by which entities may obtain a refund,

with which Ineligible Entities should

become familiar.

3. Under the Federal Claims

Collection Act and related regulations,

only the United States Department of

Justice (‘‘DOJ’’) can compromise a claim

in excess of $100,000. Because many of

the debts subject to the 218–219 MHz

Order exceed $100,000 and involve FCC

licenses subject to common facts and

circumstances, the Commission

recommended that DOJ approve the

compromise of all 218–219 MHz Service

debt as a package. On March 1, 2000,

DOJ notified the Commission of its

decision to approve the debt forgiveness

portion of the 218–219 MHz Order.

II. Procedures for Filing Election

Notices

A. Mailing Address and Election Date

4. Election Notices may be filed with

the Commission from 8:00 a.m. until

7:00 p.m. starting on the date of this

Public Notice and ending at 7:00 p.m.

on the Election Date. The Election Date

will be the last business day of the first

full month after the Order on

Reconsideration, regarding the 218–219

MHz Order, is released by the

Commission. NO ELECTIONS OR

CHANGES TO ELECTIONS WILL BE

ACCEPTED AFTER 7:00 P.M. ON THE

35634 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

ELECTION DATE. Election Notices

should be sent to the Office of the

Secretary, Room TW–B204, Federal

Communications Commission, 445 12th

Street, S.W., Washington, D.C., 20554.

In addition, a copy of Election Notices

should be sent to Ms. Rachel Kazan,

Room 4–A460, Auctions and Industry

Analysis Division, Wireless

Telecommunications Bureau, Federal

Communications Commission, 445 12th

Street, SW., Washington, DC 20554.

5. The Commission must receive all

Election Notices, no later than 7 p.m. on

the Election Date. Eligible Licensees are

solely responsible for ensuring the

accurate and timely delivery of their

Election Notices. Submission of Election

Notices by FAX or electronic mail will

NOT be accepted.

B. Format of Election Notices

6. Although there is no specific form

for Election Notices, they must contain

the following information: (i) Licensee

Name; (ii) Licensee Address; (iii)

Licensee Phone Number; (iv) Contact

Name; (v) Contact Phone Number; (vi)

Contact FAX Number; (vii) Taxpayer

Identification Number (TIN); (viii)

License Number(s); and (ix) Market

Area(s).

7. For each eligible license it has, the

Eligible Licensee must make a specific

election for each individual license

designating one of the three election

options: (i) Reamortization/Resumption

(ii) Amnesty or (iii) Prepayment

(Prepayment-Retain or PrepaymentReturn). Licensees electing Prepayment

must indicate which licenses they want

to retain and which licenses, if any, are

being returned to the Commission. Any

individual filing an Election Notice for

a license must be authorized by the

Licensee to do so. See Attachment A of

the Public Notice for a model Election

Notice.

C. Changing Election Notices Prior to

the Election Date

8. A previously filed Election Notice

may be altered prior to 7:00 p.m. on the

Election Date by submitting the

following: (i) A statement that the

licensee is rescinding its previously

filed Election Notice; (ii) a new Election

Notice which states its new election;

and (iii) a copy of its previously filed

Election Notice. These submissions

must be simultaneously filed with the

Office of the Secretary, Room TW–B204,

Federal Communications Commission,

445 12th Street, SW., Washington, DC

20554. In addition, as with the original

Election Notice, a copy of the

submissions should be sent to Ms.

Rachel Kazan, Room 4–A460, Auctions

and Industry Analysis Division,

Wireless Telecommunications Bureau,

Federal Communications Commission,

445 12th Street, SW, Washington, DC

20554.

No changes or alterations to any

elections will be accepted after 7:00

p.m. on the Election Date. Submission

of Election Notice changes by FAX or

electronic mail will NOT be accepted.

III. Failure To File an Election Notice

9. If an Eligible Licensee fails to file

an Election Notice by the specified

Election Date, the licensee’s license(s)

will automatically be placed in the

Amnesty category. This will result in

the automatic cancellation of the

license(s). A list of the licenses that are

eligible to participate in the 218–219

MHz restructuring plan, with the

corresponding Eligible Licensees is

Attachment B of the Public Notice.

A. Changes of Address

10. It is the sole responsibility and

obligation of all entities subject to the

218–219 MHz Order, current and former

licensees, to keep the Commission

apprised of any changes of address.

Entities subject to the 218–219 MHz

Order that either do not have a current

and correct address on file, or have not

received a letter of eligibility, should

contact the Commission immediately.

11. All change of address notices (or

other administrative updates, such as a

change in phone number or contact

person) must be submitted in writing to

the Federal Communications

Commission, Attn: Darlene Reeder, 1270

Fairfield Road, Gettysburg, PA 17325–

7245. Licensees should include their

call sign, market number, and note that

the letter is in reference to a 218–219

MHz Service license. For changes of

address between now and the Election

Date, licensees should also fax a copy of

their letters to the FCC’s Public Safety

and Private Wireless Division in

Washington, DC, attention Mr. Jamison

Prime, at (202) 418–2643. Note: If a

change of address relates to a sale of a

license, the licensee must first apply for

and receive FCC approval to assign its

218–219 MHz Service license(s).

IV. Defective Elections

12. Examples of defective elections

are when a Licensee chooses an option

for which it is not eligible; attempts to

combine Prepayment with another

election option; fails to include the

required information in its Election

Notice including a Taxpayer

Identification Number (TIN) and a

specific election for each individual

license with corresponding license

number; and/or places a condition upon

its election. All of the 218–219 MHz

licenses held by the licensee making a

defective election will be placed in the

Amnesty category, resulting in the

automatic cancellation of their licenses.

V. Return of Radio Station

Authorizations (Licenses)

13. Due to the changed licensing term

for the 218–219 MHz services, from five

(5) years to ten (10) years, the

Commission will issue modified

licenses. Therefore, the implementation

of the election options by the

Commission does not require Eligible

Licensees to return their original

licenses.

VI. Resumption of Installment

Payments

14. For those licensees electing to

retain some, or all, of their licenses and

resume payments (Reamortization/

Resumption), the first installment

payment is due at the end of the third

month after the Election Date.

Installment payments may be made via

wire transfer or through an Auction

Installment Payment account (AIP)

according to the terms set forth in the

Installment Payment Acknowledgement.

For specific payment instructions see

Attachment C of the Public Notice. In

addition, under the Commission’s part 1

late payment rules for installment

payments, licensees will have the

option of utilizing the two ninety-day

late payment periods, subject to late

payment fees, if they need additional

time in order to avoid default. Failure to

make timely installment payments in

this manner will trigger default and the

automatic cancellation of the licenses.

VII. ‘‘New Money’’ Payments for

Prepayment Option

15. For Eligible Licensees electing the

Prepayment option, the Commission

must receive all ‘‘new money’’

payments on or before the end of the

third month after the Election Date.

Licensees may pay the ‘‘new money’’

payment up to ten (10) days late, subject

to a 5% late fee. Payments are to be

made via wire transfer. Failure to pay

the entire ‘‘new money’’ balance due on

the license(s) for which PrepaymentRetain was elected will trigger default

and the automatic cancellation of the

license(s). For specific payment

instructions of ‘‘new money,’’ see

Attachment C of the Public Notice.

VIII. Refunds and Credits

16. Refunds will be processed via

Automated Clearing House Credits

(ACH) (i.e. electronic funds transfer). In

order for the Commission to issue

refunds, all entities due a refund must

submit the information necessary for an

Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices 35635

electronic funds transfer. The

Commission will endeavor to issue

refunds to all parties within

approximately 60 days of the Election

Date. The Commission will release a

separate Public Notice detailing the

procedures by which entities may

obtain a refund.

A. For Eligible Licensees

17. The availability of a refund, and

the application of installment payment

credit, depends upon the election(s)

made for each license.

i. Amnesty

18. For an Eligible Licensee that elects

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. In addition, for

Eligible Licensees in this category that

have previously made installment

payments, the Commission will refund

installment payments in their entirety.

ii. Amnesty and Reamortization/

Resumption

19. For an Eligible Licensee that holds

more than one license and elects

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.

20. For Eligible Licensees electing

Reamortization/Resumption, who may

also be due a remedial bidding credit,

the 25% remedial bidding credit will be

applied prior to the reamortization of

the principal and installment payments

due on the license(s).

iii. Prepayment (Prepayment-Return and

Prepayment-Retain)

21. Eligible Licensees electing

Prepayment may retain or return as

many licenses as they wish. 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 retain. 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 return to the

Commission. If the original principal

balance of the license(s) the Eligible

Licensee wishes to retain is greater than

the prepayment credit, the additional

amount due is called ‘‘New Money,’’

and must be remitted to the Commission

on or before the end of the third month

after the Election Date. 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

22. Ineligible Entities will have all

previously paid installment payments

refunded.

IX. Remedial Bidding Credit for Small

Businesses

23. The Commission has eliminated

women- and minority-owned business

bidding credits, simultaneously granting

credits of commensurate size to all

small businesses. Any Eligible Licensee

or Ineligible Entity that paid its first and

second down payment, and met the

small business qualifications at the time

of auction, may receive a 25% remedial

bidding credit. The Commission will

process a refund of excess down

payment equal to the difference between

the down payment amounts based on

the gross high bid and the net high bid.

However, if the small business entity

claimed to be a women- or minorityowned business at the time of auction,

it already received a 25% bidding credit

and therefore no refund is generated by

the small business bidding credit. A

refund of an excess down payment to

Ineligible Entities does not alter their

eligibility status. Where a licensee met

the qualifications for a small business at

the time of auction and paid for their

licenses in full, but did not receive a

women- or minority-owned business

bidding credit, the Commission will

process a refund based on the remedial

bidding credit. Where licensees paid in

full, the refund will be equal to the

difference between the gross high bid

and the net high bid. The Commission

will issue a separate Public Notice with

instructions detailing the refund

procedures.

24. 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 plan their

election options around, or 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 maintains no

obligation to remit the remedial bidding

credit refund prior to the licensee’s

payment deadline.

X. Issuance of Modified Radio Station

Authorizations (Modified Licenses)

25. The Commission will issue

modified licenses that reflect the terms

and new expiration date adopted in the

218–219 MHz Order. These licenses will

be generated after the Election Date and,

in the case of Eligible Licensees who

choose Reamortization/Resumption,

after the due date of the first installment

payment. Licenses for which

Reamortization/Resumption was elected

will be conditioned upon full payment

under the installment payment plan,

pursuant to the Commission’s rules.

26. Eligible Licensees choosing

Amnesty will not receive modified

licenses, as they will no longer hold

valid licenses in the 218–219 MHz

service. Eligible Licensees that elect

Amnesty for some licenses and

Reamortization/Resumption for others,

will receive modified licenses only for

those licenses for which it has elected

to resume installment payments.

Ineligible Entities will not receive

modified licenses, as they do not hold

valid licenses in the 218–219 MHz

service.

27. Because the Commission will

automatically mail these modified

licenses, licensees need only contact the

Commission regarding the issuance of

modified licenses if the address used to

mail eligibility status and

implementation information (or the

licensee’s address of record, in the case

of licenses acquired through lottery) is

incorrect.

XI. Radio Station Authorization

(License) Renewals

28. No action with regard to license

renewals is necessary at this time.

Licensees do not have to file any license

renewals with the Commission until the

current ten (10) year licensing term,

from grant date, has expired.

XII. Issuance of Loan Documents

29. Eligible Licensees electing

Reamortization/Resumption are

required to execute loan documents in

35636 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Notices

the form of an Installment Payment

Acknowledgement. In general, the

acknowledgement contains a

restatement of the amount of the debt

owed, the payment terms under the

218–219 MHz Order, and references

other Commission rules and regulations

related to the payment of installment

debt. Licensees may also be required to

execute a Uniform Commercial Code

financing statement (UCC–1). The

requisite loan document(s) must be

executed and returned to the

Commission (or its agent) within ten

business days of receipt. An Eligible

Licensee’s failure to fully and timely

execute and deliver the requisite loan

document(s) will result in the automatic

cancellation of the license.

30. Eligible Licensees electing

Reamortization/Resumption are

required to resume payments at the end

of the third month after the Election

Date, subject to applicable late payment

rules, in accordance with the 218–219

MHz Order without regard to whether

the requisite loan document(s) have

been issued, executed, or returned.

XIII. Additional Information

A. Web Site

31. Documents related to this notice

and its implementation may be found

on the Federal Communications

Commission web site located at http://

www.fcc/gov/wtb/auctions/218rest/

218rest.html.

B. FCC Reference Center

32. Documents related to this notice

and its implementation 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, telephone

(202) 418–0270.

C. ITS

33. In addition, documents may be

purchased from the Commission’s copy

contractor, ITS, Inc., 1231 20th Street,

NW., Washington, DC 20036, telephone

(202) 857–3800.

Federal Communications Commission.

Louis J. Sigalos,

Deputy Chief, Auctions and Industry Analysis

Division.

[FR Doc. 00–13974 Filed 6–2–00; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

[Report No. AUC–00–31–G (Auction No. 31);

DA 00–1075]

Auction of Licenses in the 747–762 and

777–792 MHz Bands Scheduled for

September 6, 2000; Comment Sought

on Modifying the Simultaneous

Multiple Round Auction Design To

Allow Combinatorial (Package) Bidding

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: This document seeks

comment on proposed procedures for

modifying the simultaneous multiple

round auction design to allow

combinatorial (‘‘package’’) bidding for

Auction No. 31 should the Commission

determine that package bidding may be

feasible and appropriate for that

auction.

DATES: Comments are due on or before

June 9, 2000, and reply comments are

due on or before June 16, 2000.

ADDRESSES: An original and four copies

of all pleadings must be filed with the

Commission’s Secretary, Magalie Roman

Salas, Office of the Secretary, Federal

Communications Commission, 445

Twelfth Street, SW, TW–A325,

Washington, DC 20054, in accordance

with § 1.51(c) of the Commission’s rules.

See 47 CFR 1.51(c). In addition, one

copy of each pleading must be delivered

to each of the following locations:

(1) The Commission’s duplicating

contractor, International Transcription

Service, Inc. (ITS), 1231 20th Street,

NW, Washington, DC 20036;

(2) Office of Media Relations, Public

Reference Center, 445 Twelfth Street,

SW, Suite CY–A257, Washington, DC

20554;

(3) Rana Shuler, Auctions and

Industry Analysis Division, Wireless

Telecommunications Bureau, 445

Twelfth Street, SW, Suite 4–A628,

Washington, DC 20554. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Public

Reference Room, Room CY–A257, 445

12th Street SW, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Walter D. Strack, Bureau Chief

Economist, Wireless

Telecommunications Bureau, (202) 418–

0600; Evan Kwerel, Senior Economist,

Office of Plans and Policy, (202) 418–

2030; Craig Bomberger, Auctions

Analyst; Howard Davenport, Auctions

Attorney; or Joel Rabinovitz, Auctions

Attorney, Auctions and Industry

Analysis Division, Wireless

Telecommunications Bureau, (202) 418–

0660.

SUPPLEMENTARY INFORMATION: This is a

summary of a Public Notice released

May 18, 2000. The complete text of the

public notice, including Attachment A,

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room CY–A257),

445 12th Street, SW, Washington, DC. It

may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc. (ITS, Inc.) 1231 20th Street, NW,

Washington, DC 20036, (202) 857–3800.

It is also available on the Commission’s

web site at http://www.fcc.gov.

I. Introduction

1. In adopting the service rules for the

747–762 and 777–792 MHz bands, the

Commission determined that

combinatorial bidding procedures could

have significant benefits for the auction

of the licenses in these bands, but

declined to employ this type of auction

because the statutory deadline did not

allow sufficient time to implement such

a design. See Service Rules for the 746–

764 and 776–794 MHz Bands, and

Revisions to Part 27 of the

Commission’s Rules (700 MHz First

Report & Order) 65 FR 3139 (January 20,

2000). However, in light of (a) the

announced delay of the auction until

September 6, 2000; and (b) the

continued progress in the design and

testing of a combinatorial bidding

system, as directed by Congress, the

Wireless Telecommunications Bureau

(‘‘the Bureau’’) now believes that

sufficient time may exist to implement

an auction design that allows for bids on

combinations, or ‘‘packages,’’ of

licenses. See Auction of Licenses for the

747–762 and 777–792 MHz Bands

Postponed Until September 6, 2000

(Auction Public Notice) 65 FR 30598

(May 12, 2000). Therefore, if the

Commission, in conjunction with other

reconsideration issues now before it,

determines that modifying the

simultaneous multiple round auction

design to allow combinatorial

(‘‘package’’) bidding is feasible and

appropriate for Auction No. 31, then the

Bureau wants to be prepared to have a

system and procedures in place to

conduct package bidding. In this public

notice, we seek comment on such

procedures consistent with our

authority under Part 1 of the

Commission’s rules. Depending on the

Commission’s actions and the

comments we receive in response to this

notice, we will, by a later public notice,

either establish procedures as discussed

here and use package bidding for