Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Notices 59419

Commissions, Room 1 A–804, 445

Twelfth Street, SW., Washington, DC

20554 or via the Internet to

lesmith@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For

additional information or copies of the

information collections contact Les

Smith at (202) 418–0217 or via the

Internet at lesmith@fcc.gov.

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060–0021.

Title: Civil Air Patrol Radio Station

License.

Form No.: FCC 480.

Type of Review: Extension of a

currently approved collection.

Respondents: Non-profit institutions.

Number of Respondents: 12.

Estimated Time Per Response: 5

minutes.

Total Annual Burden: 1 hour.

Total Costs to Respondents: 0.

Needs and Uses: FCC Rules require

that applicants file the FCC Form 480 to

apply for a new, renewed, or modified

Civil Air Patrol Radio Station License.

This form is required by the

Communications Act of 1934, as

amended; International Treaties and

FCC Rules 47 CFR Parts 1.922, 87.21

and 87.31.

The data will be used by Commission

personnel to evaluate the application to

issue licenses, to provide information

for enforcement and rulemaking

proceedings and to maintain a current

inventory of licensees.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–25559 Filed 10–4–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

[Report No. AUC–33–H (Auction No. 33);

DA 00–2154]

700 MHz Guard Bands Auction Closes

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: This document 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.

FOR FURTHER INFORMATION CONTACT:

Howard Davenport, Attorney, Auctions

and Industry Analysis Division, at (202)

418–0660.

SUPPLEMENTARY INFORMATION: This is a

summary of a Public Notice released

September 25, 2000. The complete text

of the public notice, including the

attachments, 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.

List of Attachments available at the

FCC:

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 700 MHz

Guard Bands 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.’’

1. On September 21, 2000, the Federal

Communications Commission

completed the auction of 104 licenses in

the 700 MHz Guard Bands (‘‘Auction

No. 33’’), raising (in net high bids) a

total of $519,892,575.00 for the U.S.

Treasury. Nine winning bidders won a

total of 96 licenses in this auction.

A. Down Payments

2. The Commission’s rules require

that within ten business days after the

release of the Public Notice, in this case

6:00 p.m. ET on October 10, 2000,

winning bidders in Auction No. 33 must

have on deposit with Mellon Bank in

Pittsburgh, Pennsylvania, enough funds

to cover all required: (i) down payments

on winning bids, and (ii) payments for

withdrawn bids, if applicable. If a

winning bidder’s upfront payment is not

sufficient to meet both of these

requirements, the winning bidder must

deposit additional funds. See 47 CFR

1.2107(b), 1.2104(g).

3. The amount now due from each

winning bidder, if any, is set out in the

last column of Attachment B of the

Public Notice. Note that a payment and

FCC Form 159 are necessary only if a

winning bidder’s upfront payment does

not cover the required total of down

payments and withdrawn bid payments

(as reflected in Attachment B) of the

Public Notice. Each winning bidder’s

down payment must be a total of twenty

(20) percent of its net winning bid(s)

plus any withdrawal payments.

B. Final Payments

4. After the termination of the

licensing pleading cycle (see 47 CFR

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

CFR 1.2109 and 1.2107(b). Licenses will

be granted only after the full and timely

payment of winning bids and any

applicable late fees, in accordance with

§ 1.2109(a). See 47 CFR 1.2109(a).

C. Method of Payment

5. 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 the 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.

6. Wire transfer payments must be

received by Mellon Bank by 6 p.m. ET,

on October 10, 2000. Winning 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, winning

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 25).

Payment Type Code (enter ‘‘A33D’’).

FCC Code 1 (same as FCC Form 159,

Block 23A: ‘‘33’’).

59420 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Notices

Payor Name (same as FCC Form 159,

Block 2).

Lockbox No.: 358850.

Winning 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).

7. Proper completion of the FCC Form

159 is critical to ensuring correct credit

of bidder deposits. Winning 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.

D. Withdrawal, Default and

Disqualification Payments

8. 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

CFR 1.2104(g), 1.2109.

9. 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 of the Public Notice

identifies bidders that owe withdrawal

payments to the Commission as a result

of bid withdrawals made in Auction No.

33.

10. 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 3 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 3 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.

11. If a winning bidder fails to remit

the required down payment within ten

(10) business days after the Commission

has released the Public Notice, in this

case by October 10, 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 CFR 1.2109(b).

12. 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 CFR

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

§ 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 CFR 1.2109(c).

13. 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

CFR 1.2109(d).

E. Refund of Excess Upfront Payments

(for winning bidders)

14. Upfront monies on deposit that

are in excess of the required down

payment, withdrawal and/or default

payment amounts will be refunded to

the payer 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.

F. Refund of Upfront Payments (for

non-winning bidders)

15. 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.

G. FCC Form 601

16. By 6 p.m. ET on October 10, 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 of the Public

Notice 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 of the Public

Notice. Failure to timely file FCC Form

601 will result in default. Late-filed

applications will not be accepted

without a showing of good cause.

H. FCC Form 602

17. Pursuant to § 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

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Notices 59421

ownership information of the applicant.

See 47 CFR 1.919. Therefore, unless the

applicant already has a current FCC

Form 602 on file with the Commission,

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 CFR 1.919.

18. 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 (14

FCC Rcd. 8261) 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.

19. 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

of the Public Notice. 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 of the Public Notice.

I. Applications for Multiple Licenses

20. 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. WXMEA001A and

WXMEA001B- Boston, MA;

WXMEA022A—Knoxville, TN).

21. 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 paragraph

20 may only be used for licenses that

have identical filing information.

J. Maintaining Accuracy of Information

22. 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).

K. Application Processing and License

Grant

23. Pursuant to 47 CFR 1.2108(b) and

the Balanced Budget Act of 1997, Public

Law 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 CFR1.2108(c). The petitioner

may file a reply to such opposition

within five (5) days after the time for

filing oppositions has expired. See 47

CFR 1.2108(c). If the Commission

determines that 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.

L. Clarifications

24. Applicants should be aware that

the Policy Division of the Wireless

Telecommunications Bureau has issued

two Errata. The first Errata, inter alia,

makes conforming amendments to

§ 27.308 of the Commission’s Rules,

concerning technical content of

applications. The second Errata, inter

alia, makes conforming amendments to

§ 27.6 of the Commission’s Rules,

referencing the definitional criterion for

the Gulf of Mexico EA.

M. Anti-collusion Rules

25. 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 Auction No. 33

Procedures Public Notice, 65 FR 21182

(April 20, 2000), 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 § 1.2105(c) when their

FCC Form 175 short-form applications

were signed.

26. The following is a list of important

numbers relating to Auction No. 33:

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

Auctions Accounting Group (Payment,

FCC Form 159 and refund questions)

Gail Glasser or Tim Dates at 202–418–

1995.

Wireless Telecommunications

Bureau, Commercial Wireless Division

(FCC Form 601 and 602 questions)

JoAnn Epps at 202–418–1342, Gary

Oshinsky at 202–418–7167 or Erin

McGrath at 202–418–2042.

Wireless Telecommunications

Bureau, Auctions and Industry Analysis

Division Auctions (Auction-related

questions) Lisa Stover, Project Manager

at 717–338–2888, or Howard Davenport,

Attorney, at 202–418–0660.

Federal Communications Commission.

Margaret Wiener,

Deputy Chief, Auctions and Industry Analysis

Division, Wireless Telecommunications

Bureau.

[FR Doc. 00–25530 Filed 10–4–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

[DA 00–2013]

Wireless Telecommunications Bureau

Opens Filing Window for Requests To

Be a Frequency Coordinator in the

Wireless Medical Telemetry Service

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: The Public Notice announces

a filing window for requests to be a

designated frequency coordinator in the

Wireless Medical Telemetry Service,

(WMTS). WTB will accept requests for

certification beginning September 29,

2000, and ending October 10, 2000.

Requests received before or after these

dates will not be considered. Entities

interested in serving as a WMTS

frequency coordinator should

familiarize themselves with the

Commission’s Rules pertaining to the

WMTS.