Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25807

Notes:

1. The expired station license must be

retained in the station records until the first

Commission inspection after the expiration

date.

2. Alternatively, a list of coast stations

maintained by the licensee with which

communications are likely to be conducted,

showing watchkeeping hours, frequencies

and charges, is authorized.

3. Required only if station provides a

service to oceangoing vessels.

4. Certification of a Great Lakes Agreement

inspection may be made by either a log entry

or issuance of a Great Lakes Agreement

certificate. Radiotelephone logs containing

entries certifying that a Great Lakes

Agreement inspection has been conducted

must be retained and be available for

inspection by the FCC for 2 years after the

date of the inspection.

7. Section 80.409 is amended by

adding a new sentence at the end of

paragraph (b)(2), and revising paragraph

(f)(2) to read as follows:

§ 80.409 Station logs.

* * * * *

(b) * * *

(2) * * * Additionally, logs required

by paragraph (f) of this section must be

retained on board the vessel for a period

of 2 years from the date of the last

inspection of the ship radio station.

(f) * * *

(2) Radiotelephony stations subject to

the Great Lakes Agreement and the

Bridge-to-Bridge Act must record entries

indicated by paragraphs (e) (1), (5), (6),

(7), (8), (9), (11) and (12) of this section.

Additionally, the radiotelephone log

must provide an easily identifiable,

separate section relating to the required

inspection of the ship’s radio station.

Entries must be made in this section

giving at least the following

information:

(i) The date the inspection was

conducted;

(ii) The date by which the next

inspection needs to be completed;

(iii) The inspector’s printed name,

address and class of FCC license

(including the serial number);

(iv) The results of the inspection,

including any repairs made;

(v) The inspector’s signed and dated

certification that the vessel meets the

requirements of the Great Lakes

Agreement and the Bridge-to-Bridge Act

contained in Subparts T and U of this

part and has successfully passed the

inspection; and

(vi) The vessel owner, operator, or

ship’s master’s certification that the

inspection was satisfactory.

* * * * *

8. Section 80.411 is amended by

adding a new sentence to the end of

paragraph (b) to read as follows:

§ 80.411 Vessel certification or exemption.

* * * * *

(b) * * * Ships subject to the Great

Lakes Agreement may, in lieu of a

posted certificate, certify compliance in

the station log required by section

80.409(f).

9. Section 80.953 is revised to read as

follows:

§ 80.953 Inspection and certification.

(a) Each U.S. flag vessel subject to the

Great Lakes Agreement must have an

inspection of the required

radiotelephone installation at least once

every 13 months. This inspection must

be made while the vessel is in active

service or within not more than one

month before the date on which it is

placed in service.

(b) An inspection and certification of

a ship subject to the Great Lakes

Agreement must be made by a

technician holding one of the following:

a General Radiotelephone Operator

License, a GMDSS Radio Maintainer’s

License, a Second Class Radiotelegraph

Operator’s Certificate, or a First Class

Radiotelegraph Operator’s Certificate.

Additionally, the technician must not be

the vessel’s owner, operator, master, or

an employee of any of them. The results

of the inspection must be recorded in

the ship’s radiotelephone log and

include:

(1) The date the inspection was

conducted;

(2) The date by which the next

inspection needs to be completed;

(3) The inspector’s printed name,

address, class of FCC license (including

the serial number);

(4) The results of the inspection,

including any repairs made; and

(5) The inspector’s signed and dated

certification that the vessel meets the

requirements of the Great Lakes

Agreement and the Bridge-to-Bridge Act

contained in Subparts T and U of this

part and has successfully passed the

inspection.

(c) The vessel owner, operator, or

ship’s master must certify that the

inspection required by paragraph (b)

was satisfactory.

(d) The ship’s log must be retained

on-board the vessel for at least two years

from the date of the inspection.

10. Section 80.1005 is amended by

adding two new sentences at the end of

the section to read as follows:

§ 80.1005 Inspection of station.

* * * An inspection of the bridge-tobridge station on a Great Lakes

Agreement vessel must normally be

made at the same time as the Great

Lakes Agreement inspection is

conducted by a technician holding one

of the following: a General

Radiotelephone Operator License, a

GMDSS Radio Maintainer’s License, a

Second Class Radiotelegraph Operator’s

Certificate, or a First Class

Radiotelegraph Operator’s Certificate.

Additionally, the technician must not be

the vessel’s owner, operator, master, or

an employee of any of them. Ships

subject to the Bridge-to-Bridge Act may,

in lieu of an endorsed certificate, certify

compliance in the station log required

by section 80.409(f).

[FR Doc. 96–12270 Filed 5–22–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 24

[DA 96–706]

Waiver of Bid Withdrawal Payment

Provisions

AGENCY: Federal Communications

Commission.

ACTION: Final rule; waiver.

SUMMARY: On March 6, 1995, Georgia

Independent PCS Corporation (Georgia)

filed a request for waiver of the bid

withdrawal payment provisions

applicable to the broadband PCS C

block auction. Under the Commission’s

rules, the amount of the bid withdrawal

payment is equal to the difference

between the withdrawn bid amount and

the amount of the subsequent winning

bid, if the subsequent winning bid is

lower. No withdrawal payment is

assessed if the subsequent winning bid

exceeds the withdrawn bid. The Order

reduces Georgia’s bid withdrawal

payment to the minimum bid increment

for License B–076 (Chattanooga, TN) in

Round 37 of the broadband Personal

Communications Services (PCS) C block

auction, or $569,898.

EFFECTIVE DATE: May 6, 1996.

FOR FURTHER INFORMATION CONTACT:

James Hedlund at 202–418–0660.

SUPPLEMENTARY INFORMATION: This

Order, adopted May 6, 1996 and

released May 6, 1996, is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room 239, 1919 M Street NW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., 2100 M

Street NW., Suite 140, Washington, DC

20037 (202) 857–3800.

Order

1. The Wireless Telecommunications

Bureau has before it a Request for

Waiver of Section 24.704(a)(1) of the

Commission’s rules filed by Georgia
25808 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

Independent PCS Corporation

(‘‘Georgia’’). By this Order, we hereby

resolve Georgia’s request. Specifically,

this Order reduces Georgia’s bid

withdrawal payment to the minimum

bid increment for License B–076

(Chattanooga, TN) in Round 37 of the

broadband Personal Communications

Services (PCS) C block auction, or

$569,898.

2. Background. On March 6, 1995,

Georgia filed a request for waiver of the

bid withdrawal payment provisions

applicable to the broadband PCS C

block auction. Under the Commission’s

rules, the amount of the bid withdrawal

payment is equal to the difference

between the withdrawn bid amount and

the amount of the subsequent winning

bid, if the subsequent winning bid is

lower. No withdrawal payment is

assessed if the subsequent winning bid

exceeds the withdrawn bid.

3. On May 3, 1996, the Commission

issued an Order partially waiving the

bid withdrawal payment provisions

applicable to the 900 MHz Specialized

Mobile Radio (SMR) and broadband PCS

C block auctions. The Order resolved

the waiver requests of two applicants

who submitted erroneous bids which

were later withdrawn. The Order also

delegated authority to resolve requests

for waiver of the bid withdrawal

payment provisions involving similar

factual circumstances to the Wireless

Telecommunications Bureau

(‘‘Bureau’’). The Order indicated that for

a party to be eligible for such a waiver,

it must submit a request for waiver

accompanied by a sworn declaration

attesting to the veracity of the factual

circumstances surrounding the

erroneous bid submission. In addition,

the Bureau was directed to consider

such requests on a case-by-case basis.

4. Georgia Waiver Request. In its

request, Georgia alleges that due to a

clerical or typographical error, it

submitted a bid of $119,720,000 for

License B–076 (Chattanooga, TN) in

Round 37 of the broadband PCS C block

auction. Georgia further alleges that the

error may have been due in part to a

‘‘flaw’’ in the Commission’s remote

bidding software. Georgia states that it

intended to submit the minimum

accepted bid for that round and license,

or $11,972,000. Georgia attempted to

withdraw its $119,972,000 bid during

the bid withdrawal period for Round 37

by contacting the FCC telephonically.

Due in part to technical problems with

the FCC’s wide-area network, Georgia

claims it was not able to withdraw its

erroneous bid until Round 38. The final

high bid on this market at the close of

the auction was $21,288,000.

Consequently, if the bid withdrawal

payment requirement were fully

enforced, Georgia would be subject to a

bid withdrawal payment of $73,824,000.

Affidavits by A.J. Paserella, and Robert

L. Swearingen, Jr., two of Georgia’s

authorized bidders, and Mr.

Swearingen’s secretary, Wanda Queen,

describe the events surrounding the

erroneous bid submission.

5. Georgia argues that imposition of

the bid withdrawal payment for its

erroneous bid would be unduly

burdensome and contrary to the public

interest. Georgia contends that there is

established case law governing mistaken

bids that prohibit the requirement of

any payment for bids resulting from

typographical or clerical errors. It

observes that Section 24.822 of the

Commission’s rules allows for the

correction of typographical errors on

applicants’ short-form applications (FCC

Form 175s) and that the Auctions

Division has granted waiver requests to

other C block applicants which sought

to correct clerical or typographical

errors. Finally, Georgia argues that the

most that the Commission should

require from bidders who submit

erroneous bids is the forfeiture of a

single activity rule waiver.

6. Decision. In the May 3, 1996, Order,

the Commission considered the same

issues presented here and indicated that

full application of the bid withdrawal

payment provisions in instances of

erroneous bids would cause an extreme

and unnecessary hardship on most

bidders. On the other hand, the

Commission also indicated that a full

waiver of these provisions could

threaten the economic efficiency of the

auction process. The Commission

therefore decided to reduce the bid

withdrawal payments substantially,

taking into consideration the round and

stage in which the mistaken bids were

submitted and withdrawn.

7. Among other things, the

Commission decided specifically that if

a mistaken bid is withdrawn in the same

round in which it was submitted, the

withdrawal payment should be the

greater of (a) the minimum bid

increment during the round in which it

was submitted or (b) the standard bid

withdrawal payment calculated as if the

bidder had made a bid at the minimum

accepted bid. The Commission applied

this calculation to reduce the bid

withdrawal payment of MAP Wireless,

L.L.C., who withdrew its erroneous bid

in the same round in which it was

submitted.

8. Under the facts presented, Georgia

has demonstrated that it submitted an

erroneous bid of $119,720,000 for

License B–076 (Chattanooga, TN) in

Round 37 of the broadband PCS C block

auction. Georgia has further

demonstrated that it attempted to

withdraw its erroneous bid in Round 37.

Georgia submitted a request for waiver

accompanied by sworn affidavits

attesting to the veracity of the factual

circumstances surrounding the

erroneous bid. We find that full

enforcement of the bid withdrawal

payment against Georgia in this instance

would not serve the purpose of this rule

and would be contrary to the public

interest. In accordance with the

Commission’s May 3 Order, we find that

a partial waiver of Section 24.704(a)(1)

of the Commission’s rules is warranted.

Specifically, because Georgia attempted

to withdraw its erroneous bid in the

same round in which it was submitted,

we will reduce Georgia’s required bid

withdrawal payment to the minimum

bid increment for License B–076 in

Round 37 of the broadband PCS C block

auction, or $569,898.

9. Accordingly, it is ordered that the

waiver request submitted by Georgia

Independent PCS Corporation is granted

to the extent indicated above.

10. It is further ordered that Georgia

Independent PCS Corporation is subject

to a bid withdrawal payment

requirement of $569,898.

Federal Communications Commission.

Michele C. Farquhar,

Chief, Wireless Telecommunications Bureau.

[FR Doc. 96–12945 Filed 5–22–96; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 24

[DA 96–705]

Waiver of Audited Financial

Statements and General Application

Requirements for the Broadband

Personal Communications Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; waiver.

SUMMARY: Several parties have filed

requests for waiver of Sections 24.720 (f)

and (g) of the Commission’s rules with

respect to the long-form applications

(FCC Form 600) to be filed for

broadband Personal Communications

Service (PCS) C block licenses. The

parties argued that the requirement that

gross revenues and total assets figures

disclosed on the long-form applications

be evidenced by audited financial

statement is unduly burdensome. The

Commission granted the waivers and on

our own motion extended the waiver to

all broadband PCS C block applicants

subject to the requirements of Sections

24.720 (f) and (g) of the rules. In