[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Notices]
[Pages 64833-64835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32012]


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FEDERAL COMMUNICATIONS COMMISSION

[DA-97-2497]


Spectrum Auction Schedule for 1998;

Released: November 25, 1997.

Report No. AUC-17-C (Auction No. 17)

    This Public Notice apprises potential applicants of important dates 
for several auctions that will be conducted in 1998. The dates listed 
below may be subject to change. A brief summary of the wireless 
services to be auctioned is provided below. More detailed information 
concerning each of these auctions has been provided or will be provided 
at a later date. The wireless services to be auctioned are:

Local Multipoint Distribution Service (``LMDS'')

    This auction will consist of 986 LMDS licenses in the 28 GHz and 31 
GHz bands. Two licenses will be offered in each of 493 Basic Trading 
Areas (``BTAs'') and BTA-like areas in the United States. One license, 
in frequency block A, will authorize service on 1,150 megahertz of 
spectrum in both the 28 GHz and 31 GHz bands. Block A of the New York 
BTA is encumbered by a pre-existing licensee in the New York 
Metropolitan Statistical Area. The incumbent licensee, CellularVision 
of New York, is entitled to interference protection. The second 
license, in frequency block B, will authorize service on 150 megahertz 
of spectrum in the 31 GHz band. Each frequency block encompasses the 
following spectrum:

Block A (1,150 megahertz): 28 GHz band: 27,500-28,350 MHz and 29,100-
29,250 MHz and 31 GHz band: 31,075-31,225 MHz.
Block B (150 megahertz): 31 GHz band: 31,000-31,075 and 31,225-31,300 
MHz.
Operations to take place in the 29,100-29,250 MHz band are governed by 
47 CFR 101.103(g) and (h), 101.113(c), 101.133(d), and 101.147(t), 
which are new provisions designed to facilitate the sharing of this 
spectrum by LMDS, GSO/FSS gateways, and MSS feeder link licenses. These 
provisions allow only hub-to-subscriber transmissions by LMDS licensees 
in this band.

Key Dates

    Short form (FCC Form 175) Application Deadline: January 20, 
1998.
    Upfront Payment Deadline: February 2, 1998.
    Electronic Bid Submission Software Order Deadline: February 2, 
1998.
    Mock Auction Date: February 13, 1998.
    Auction Commencement Date: February 18, 1998.

    Further details on this spectrum may be found in the LMDS First 
Report and Order, CC Docket No. 92-297, 11 FCC Rcd 19005, 61 FR 44177, 
August 28, 1996; LMDS Second Report and Order, CC Docket No. 92-297, 
FCC 97-82, 62 FR 16514, April 7, 1997 (recon. pending); LMDS Order on 
Reconsideration, CC Docket No. 92-297, FCC 97-166, 62 FR 28373, May 23, 
1997; LMDS Second Order on Reconsideration, CC Docket No. 92-297, FCC 
97-323, 62 FR 48787, September 17, 1997; Public Notice, ``Auction of 
Local Multipoint Distribution Service,'' DA 97-2081, 62 FR 53629, 
October 15, 1997; Public Notice, ``Comment Sought on Reserve Prices or 
Minimum Opening Bids for LMDS Auction,'' DA 97-2224, 62 FR 55642, 
October 27, 1997; Public Notice, ``LMDS Auction Postponed Until 
February 18, 1998,'' DA 97-2352 (released November 10, 1997); Public 
Notice, ``Opportunity for Reply Comment on Reserve Prices or Minimum 
Opening Bids for LMDS Auction Extended,'' DA 97-2420 (released November 
18, 1997); and the LMDS auction Bidder Information Package.

220 MHz Service

    This auction will consist of 908 licenses in the Phase II 220 MHz 
service, with three nationwide, 30 Regional Economic Area Groupings 
(``220 MHz REAGs'') and 875 Economic Area (``EA'') licenses. The 
licenses encompass the following channels:

------------------------------------------------------------------------
                                                                Channels
------------------------------------------------------------------------
Nationwide Block:                                                       
    Channels 51-60...........................................         10
    Channels 81-90...........................................         10
    Channels 141-150.........................................         10
EA Block:                                                               
    A: Channel Groups 2, 13..................................         10
    B: Channel Groups 3, 16..................................         10
    C: Channel Groups 5, 18..................................         10
    D: Channel Groups 8, 19..................................         10
    E: Channel Groups 171-180................................         10
------------------------------------------------------------------------

    The Channel Groups indicated in the allocation plan are the 5-
channel, non-contiguous assignments identified as ``Group Nos. 1, 2, 
3'' etc., in Section

[[Page 64834]]

90.721 of the Commission's Rules, 47 CFR 90.721.

------------------------------------------------------------------------
                                                                Channels
------------------------------------------------------------------------
220 MHz REAG Block:                                                     
    F: Channel Groups 1, 6, 11...............................         15
    G: Channel Groups 4, 9, 14...............................         15
    H: Channel Groups 7, 12, 17..............................         15
    I: Channel Groups 10, 15, 20.............................         15
    J: Channel Groups 186-200................................         15
------------------------------------------------------------------------

Key Dates

    Short form (FCC Form 175) Application Deadline: April 20, 1998.
    Upfront Payment Deadline: May 4, 1998.
    Auction Commencement Date: May 19, 1998.

    Further details on this spectrum may be found in the 220 MHz Second 
Report and Order, PR Docket No. 89-552, GN Docket No. 93-252, FCC 96-
27, 11 FCC Rcd 3668, 61 FR 3841, February 2, 1997 (recon. pending); and 
220 MHz Third Report and Order and Fifth Notice of Proposed Rulemaking, 
PR Docket No. 89-552, RM-8506, GN Docket No. 93-252, PP Docket No. 93-
253, FCC 97-57, 62 FR 16004, April 3, 1997 (recon. pending). Public 
notices and a bidder information package will provide upfront payment 
information and specific terms and conditions concerning the auction.
    The FCC services also tentatively plans to conduct spectrum 
auctions for the following services:

Broadband Personal Communications Services (``PCS'') C Block Re-
auction--3rd Quarter, 1998
39 GHz--3rd Quarter, 1998
Paging (929---31 MHz band)--3rd Quarter, 1998
800 MHz Specialized Mobile Radio (``SMR'') (Lower 80 and General 
Category Channels)--3rd Quarter, 1998
Location Monitoring Services (``LMS'')--3rd Quarter, 1998
Public Coast Stations--4th Quarter, 1998
Pending Analog Broadcast Licenses for Commercial Radio and Television 
Stations--4th Quarter, 1998

FCC Auctions Telephone Number and Internet Site

    All interested parties should contact the FCC National Call Center 
at 888-CALL-FCC (888-225-5322), Option #2, to request to be put on the 
mailing list for bidder information packages for the auction or 
auctions in which they are interested in participating. By doing so, 
potential applicants ensure that they will receive a bidder information 
package detailing the specific terms and conditions of the auction. 
This is the only telephone number to contact to be placed on a mailing 
list for upcoming auctions.
    In order to keep apprised of the FCC's auction schedule (which is 
subject to change), reports and orders, public notices, and all other 
relevant auction-related documents, the FCC strongly advises that all 
interested parties regularly visit its Internet web site. The World 
Wide Web (``www'') URL address for the Auctions Home Page is: http://
www.fcc.gov/wtb/auctions.html.

Bidder Alerts

     The Commission does not approve any individual investment 
proposal, nor does it provide a warranty with respect to any license 
being auctioned. Potential applicants and investors are reminded that 
winning a license in an FCC spectrum auction is not a guarantee of 
success in the marketplace.
     The FCC makes no representations or warranties about the 
use of spectrum for particular services. Applicants should be aware 
that an FCC auction represents an opportunity to become an FCC 
licensee, subject to certain conditions and regulations. An FCC auction 
does not constitute an endorsement by the FCC of any particular 
services, technologies, or products, nor does an FCC license constitute 
a guarantee of business success. Applicants should perform their 
individual due diligence before proceeding, as they would with any new 
business venture.
     The Federal Trade Commission (FTC) has found that some 
unscrupulous individuals have designed investment schemes around 
licenses auctioned or to be auctioned by the FCC. Investors or 
potential investors with inquiries or complaints about specific 
investment offerings may call the National Fraud Information Center, 1-
800-876-7060, or visit that organization's Internet web site at 
www.fraud.org. They also may contact their state attorney general or 
state corporations office. The FTC and the Securities and Exchange 
Commission (SEC) receive complaints on investment fraud and offer 
consumer education materials. Investors or potential investors may 
contact the FTC at (202) 326-3128 or visit its Internet web site at 
www.ftc.gov, and may contact the SEC at (202) 942-7040 or visit its 
Internet web site at www.sec.gov.
     Potential applicants should also be aware that several 
pending rulemaking proceedings are considering changes to many of the 
Commission's auctions rules, including whether to continue to permit 
small businesses to pay for licenses won in installment payments and 
with respect to attribution of gross revenues of investors in and 
affiliates of small businesses. Amendment of Part 1 of the Commission's 
Rules--Competitive Bidding Proceeding, WT Docket No. 97-82, Order, 
Memorandum Opinion and Order and Notice of Proposed Rule Making, FCC 
97-60, 12 FCC Rcd 5686, 62 FR 13540, March 21, 1997; Amendment of Part 
90 of the Commission's Rules to Provide for the Use of the 220-222 MHz 
Band By the Private Land Mobile Radio Service, PR Docket No. 89-552, 
Third Report and Order and Fifth Notice of Proposed Rulemaking, FCC 97-
57, 62 FR 16004, April 3, 1997 (recon. pending); Revision of Part 22 
and Part 90 of the Commission's Rules to Facilitate Future Development 
of Paging Systems, WT Docket No. 96-18, Second Report and Order and 
Further Notice of Proposed Rulemaking, FCC 97-59, 12 FCC Rcd 2732, 62 
FR 11616, March 12, 1997 (recon. pending); and Amendment of Part 90 of 
the Commission's Rules to Facilitate Future Development of SMR Systems 
in the 800 MHz Frequency Band, PR Docket No. 93-144, Memorandum Opinion 
and Order, FCC 97-224, 62 FR 41225, July 31, 1997). Changes have been 
adopted with respect to foreign ownership of U.S. telecommunications 
facilities. Rules and Policies on Foreign Participation in the U.S. 
Telecommunications Market, IB Docket No. 97-142, Market Entry and 
Regulation of Foreign-Affiliated Entities, IB Docket No. 95-22, Report 
and Order and Order on Reconsideration, FCC 97-398 (adopted November 
25, 1997). Finally, potential applicants should be aware that when FCC 
licenses are subject to auction (i.e., because they are mutually 
exclusive) the recently enacted Balanced Budget Act of 1997 calls upon 
the Commission to prescribe methods by which a reasonable reserve price 
will be required or a minimum opening bid established, unless the 
Commission determines that a reserve price or minimum bid is not in the 
public interest. Section 3002(a), Balanced Budget Act of 1997, Public 
Law 105-33, 111 Stat. 251 (1997); 47 U.S.C. 309(j)(4)(F). The 
Commission's authority to establish a reserve price or minimum opening 
bid is set forth in 47 CFR 1.2104(c) and (d). The Commission is 
presently considering the use of minimum opening bids in the LMDS 
auction, and will comply with the requirements of the Balanced Budget 
Act with respect to the other auctions listed herein. Public Notice, 
``Comment Sought on Reserve Prices or Minimum Opening Bids for LMDS 
Auction,'' DA 97-2224, 62 FR 55642, October 27, 1997; and Public 
Notice, ``Opportunity

[[Page 64835]]

for Reply Comment on Reserve Prices or Minimum Opening Bids for LMDS 
Auction Extended,'' DA 97-2420 (released November 18, 1997).
    For further information contact LaVonia Connelly, Ruby Hough, or 
Lisa Hartigan, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau, at (202) 418-0660.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 97-32012 Filed 12-8-97; 8:45 am]
BILLING CODE 6712-01-P