[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12658-12659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6653]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 21, 24, 26, 27, 90 and 95

[WT Docket No. 97-82, ET Docket No. 94-32; FCC 97-413]


Competitive Bidding Proceeding

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

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SUMMARY: This document corrects portions of the Commission's rules that 
were published in the Federal Register of January 15, 1998 (63 FR 
2315).

EFFECTIVE DATE: March 16, 1998.

FOR FURTHER INFORMATION CONTACT: Josh Roland or Mark Bollinger, 
Auctions and Industry Analysis Division, Wireless Telecommunications 
Bureau, at (202) 418-0660.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission 
published a document adopting uniform competitive bidding rules for all 
future auctions in the Federal Register of January 15, 1998 (63 FR 
2315). This document makes minor corrections to the text of and final 
rules adopted in the Third Report and Order, Amendment of Part 1 of the 
Commission's Rules--Competitive Bidding Procedures, Allocation of 
Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 
MHz, as they appeared in the Federal Register of January 15, 1998.
    1. On page 2320, in the first column, the next to the last sentence 
of paragraph 32 is revised to include an omitted word to read as 
follows:

    Once a small business definition is adopted for a particular 
service, eligible businesses will benefit if they are able to refer 
to a schedule in our Part 1 rules to determine the level of bidding 
credit available to them.

    2. On Page 2328, in the second column, the text following the 
example in paragraph 77 is corrected to conform to Sec. 1.2110(f)(4) to 
read as follows:

    As we proposed in the Notice, the late fees we adopt will accrue 
on the next business day following the payment due date. We 
emphasize that at the close of non-delinquency or grace period, a 
licensee must submit the required late fee(s), all interest accrued 
during the non-delinquency period, and the appropriate scheduled 
payment with the first payment made following the conclusion of the 
non-delinquency period or grace period. Payments made at the close 
of any grace period will first be applied to satisfy any lender 
advances as required under each licensee's ``Note and Security 
Agreement.'' Afterwards, payments will be

[[Page 12659]]

applied in the following order: late charges, interest charges, 
principal payments. As part of our spectrum management 
responsibilities, we wish to ensure that spectrum is put to use as 
soon as possible. We also believe that licensees should be working 
to obtain the funds necessary to meet their payment obligations 
before they are due and, accordingly, that the non-delinquency and 
grace periods we adopt should be used only in extraordinary 
circumstances. Thus, as we emphasized in the Notice, a licensee who 
fails to make payment within 180 days sufficient to pay the late 
fees, interest, and principal, will be deemed to have failed to make 
full payment on its obligation and will be subject to license 
cancellation pursuant to Sec. 1.2104(g)(2) of the Commission's 
rules.

    3. On page 2330, in the third column, the last sentence of 
paragraph 88 is corrected to conform to Sec. 1.2110(f)(4)(iv) to read 
as follows:

    Accordingly, upon default on an installment payment, a license 
will automatically cancel without further action by the Commission 
and the Commission will initiate debt collection procedures against 
the licensee and accountable affiliates.

    4. On page 2343, in the first column, Sec. 1.2107(c) of the 
Commission's rules is corrected by adding a cross reference to 
Sec. 1.2112 of the Commission's rules to read as follows:


Sec. 1.2107  Submission of down payment and filing of long-form 
applications.

* * * * *
    (c) A high bidder that meets its down payment obligations in a 
timely manner must, within ten (10) business days after being 
notified that it is a high bidder, submit an additional application 
(the ``long-form application'') pursuant to the rules governing the 
service in which the applicant is the high bidder. Notwithstanding 
any other provision in title 47 of the Code of Federal Regulations 
to the contrary, high bidders need not submit an additional 
application filing fee with their long-form applications. Specific 
procedures for filing applications will be set out by Public Notice. 
Ownership disclosure requirements are set forth in Sec. 1.2112. 
Beginning January 1, 1999, all long-form applications must be filed 
electronically. An applicant that fails to submit the required long-
form application under this paragraph and fails to establish good 
cause for any late-filed submission, shall be deemed to have 
defaulted and will be subject to the payments set forth in 
Sec. 1.2104.

    5. On page 2345, in the third column, Sec. 1.2110(f)(2) of the 
Commissions rules is corrected by adding additional language to conform 
to the text of the Third Report and Order to read as follows:


Sec. 1.2110  Designated entities.

* * * * *
    (f)
* * * * *
    (2) Within ten (10) days of the conditional grant of the license 
application of a winning bidder eligible for installment payments, 
the licensee shall pay another ten (10) percent of the high bid, 
thereby commencing the eligible licensee's installment payment plan. 
If a winning bidder eligible for installment payments fails to 
submit this additional ten (10) percent of its high bid 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 percent of the amount due. When a winning bidder eligible for 
installment payments fails to submit this additional ten (10) 
percent of its winning bid, plus the 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 second down payments and any 
applicable late fees.
* * * * *
    6. On Page 2349, in the second column, paragraph (c) of Sec. 24.712 
is correctly designated as paragraph (b) and instruction paragraph 22 
is corrected to read as follows:

    22. Section 24.712 is amended by revising paragraph (b) to read 
as follows:

    7. On page 2349, in the third column, instruction paragraph 32 is 
corrected to read as follows:

    32. Section 95.816 is amended by redesignating paragraph (e)(2) 
as paragraph (d)(5) and by revising paragraphs (c)(6) and (e) to 
read as follows:

Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.
[FR Doc. 98-6653 Filed 3-13-98; 8:45 am]
BILLING CODE 6712-01-P