[Federal Register Volume 65, Number 152 (Monday, August 7, 2000)]
[Notices]
[Pages 48242-48243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19894]



[[Page 48242]]

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FEDERAL COMMUNICATIONS COMMISSION

[DA 00-1639; Report No. AUC-34-E (Auction No. 34)]


Status of FCC Form 175 Applications Eligible To Participate in 
the Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) 
Services in the General Category Band (851-854 MHz) and Upper Band 
(861-865 MHz)

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces the 12 applicants that are eligible to 
participate in 800 MHz SMR Auction (Auction No. 34) and instructs those 
applicants on upfront payment information, bidding software and other 
pertinent information in reference to the auction. Also, this document 
identifies the 19 incomplete applications reported for this auction.

DATES: Auction No. 34 is scheduled to begin on Wednesday, August 16, 
2000.

FOR FURTHER INFORMATION CONTACT: M. Nicole Oden, Auctions Legal Branch 
at (202) 418-0660 (regarding legal questions); Linda Sanderson, 
Auctions Operations (regarding bidding and general filing status) or 
Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 
338-2888. For questions about payment or instructions for wiring 
upfront payments, contact Gail Glasser or Michelle Bennett, Auctions 
Accounting Group, at (202) 418-1995.

SUPPLEMENTARY INFORMATION: This is a summary of a public notice 
released July 24, 2000 (``Auction No. 34 Public Notice''). The complete 
text of the Auction No. 34 Public Notice, including all 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 website at http://www.fcc.gov/wtb/auctions.

List of Attachments Available at the FCC

Attachment A--List of Accepted Applicants
Attachment B--List of Incomplete Applicants
Attachment C--Electronic Filing and Review of the FCC Form 175
Attachment D--Accessing the FCC Network to file FCC Form 175

    1. The Federal Communications Commission (``FCC'') has received 31 
FCC Form 175 applications to participate in Auction No. 34 scheduled to 
begin on Wednesday, August 16, 2000, for 1,053 licenses in the 800 MHz 
Band. The applications have been reviewed for completeness and 
compliance with the Commission's rules, and have been classified into 
the following categories:

Accepted for Filing--12 Applications
Incomplete--19 Applications

    Accepted: Applications accepted for filing are listed in Attachment 
A. These applicants will become qualified bidders upon receipt of the 
required upfront payment due by 6:00 p.m. ET on Monday, July 31, 2000. 
See 47 CFR 1.2106. With respect to the FCC Form 175 applications, these 
applicants need take no further action except as may be necessary to 
maintain the accuracy of their applications. See 47 CFR 1.65. Also, 
applicants are advised that Attachment A includes FCC account numbers 
that were automatically created by the FCC software system for each 
applicant, and which are applicable for bidding only.
    Incomplete: Applications found to be incomplete are listed 
alphabetically in Attachment B. Applicants whose FCC Form 175 
applications have been deemed incomplete will receive overnight 
correspondence indicating what information is required to make the 
applications acceptable for filing. These applicants may become 
qualified bidders only if they: (1) Resubmit their applications by 6:00 
p.m. ET on Monday, July 31, 2000, to correct the minor deficiencies 
indicated; and (2) make the required upfront payments by 6:00 p.m. ET 
on Monday, July 31, 2000. Applicants must also maintain the accuracy of 
their FCC Form 175 applications as required by the Commission's rules. 
In addition, applicants are advised that Attachment B includes FCC 
account numbers that were automatically created by the FCC software 
system for each applicant. These account numbers are applicable for 
bidding purposes only, should the applicant become eligible to 
participate in Auction No. 34.
    2. The filing window for resubmitting FCC Form 175 applications is 
now open. Corrected applications must be filed no later than 6:00 p.m. 
ET on Monday, July 31, 2000. This will be the only opportunity to cure 
FCC Form 175 defects; late resubmissions will not be accepted. In 
addition, if an application remains incomplete or otherwise deficient 
after the resubmission deadline has passed, the application will be 
rejected.

Upfront Payment Deadline

    3. Upfront payments and accompanying FCC Remittance Advice (FCC 
Form 159) for Auction No. 34 are due at Mellon Bank, Pittsburgh, 
Pennsylvania, by 6:00 p.m. ET on Monday, July 31, 2000. Payments must 
be made by wire transfer and applicants must include their Taxpayer 
Identification Numbers (TIN). No other payment method is acceptable for 
this auction. Applicants are reminded to use their TIN and not their 
FCC Account Numbers on the FCC Remittance Advice (FCC Form 159).
    4. Applicants that have filed applications deemed to be incomplete, 
as noted in this public notice, must submit timely and sufficient 
upfront payments before the Commission will review their resubmitted 
applications. If such an application remains incomplete following its 
resubmission, the application will be dismissed. If the applicant has 
provided its Taxpayer Identification Number (TIN) and wire transfer 
instructions, the upfront payment will be refunded automatically.

Other Important Information

    5. Internet Access and Filing: Effective Monday, July 17, 2000, the 
Bureau permitted the filing of FCC Form 175 via the Internet. As a 
result, two of the attachments previously provided in the Auction No. 
34 Announcing Public Notice have been updated. See 65 FR 39388 (June 
26, 2000). Specifically, the Bureau has amended Attachment C and 
Attachment H. The amended attachments are included in this public 
notice as Attachment C and D.
    6. Qualified Bidders: Approximately one week after upfront payments 
have been received, resubmitted FCC Form 175 applications have been 
processed and reviewed, and payments and applications have been 
correlated, a public notice listing all applicants qualified to bid in 
the auction will be released. The same public notice will also include 
instructions on how to access the auction tracking tool software, a 
bidding schedule for the Mock auction, and the bidding schedule for the 
first day of the auction.
    7. Prohibition of Collusion: Bidders are reminded that 
Sec. 1.2105(c) of the Commission's rules prohibits applicants for the 
same geographic license area from communicating with each other during 
the auction about bids, bidding strategies, or settlements unless they 
have identified each other as parties with whom they have entered into 
agreements under Sec. 1.2105(a)(2)(viii). For Auction No. 34, this 
prohibition

[[Page 48243]]

became effective at the filing deadline of short-form applications on 
Monday, July 17, 2000, and will end on the post-auction down payment 
due date. The post-auction down payment due date will be announced in a 
future public notice. If parties had agreed in principle on all 
material terms, those parties must have been identified on the short-
form application under Sec. 1.2105(c), even if the agreement had not 
been reduced to writing. If parties had not agreed in principle by the 
filing deadline, an applicant should not have included the names of 
those parties on its application, and must not have continued 
negotiations with other applicants for licenses in the same geographic 
area. For further details regarding the prohibition against collusion 
refer to the Auction No. 34 Announcing Public Notice.
    8. In addition, applicants are reminded that they are subject to 
the antitrust laws, which are designed to prevent anti-competitive 
behavior in the marketplace. Winning bidders will be required to 
disclose in their long-form applications the specific terms, conditions 
and parties involved in all bidding consortia, joint ventures, 
partnerships, and other arrangements entered into relating to the 
competitive bidding process. Bidders found to have violated the anti-
collusion rule may be subject to sanctions.
    9. Ex Parte Rule: Applicants should also be aware that the 
Commission has generally exempted auction proceedings from the strict 
requirements of the ex parte rule found in Sec. 1.2108 of the 
Commission's rules.
    10. Mock Auction: All applicants found to be qualified bidders are 
eligible to participate in a mock electronic auction on Monday, August 
14, 2000. In the Qualified Bidders Public Notice, the Bureau will 
announce when software for the mock auction will be posted on the World 
Wide Web.
    11. Remote Bidding Software: Applicants are reminded that qualified 
bidders are eligible to bid either electronically or telephonically. To 
bid electronically, applicants should complete the software order form 
included in the Auction No. 34 Announcing Public Notice or contact the 
Auctions Hotline at (717) 338-2888. To ensure timely delivery of remote 
bidding software before the auction begins, the Commission requests 
receipt of software orders by 5:30 p.m. ET on Tuesday, August 1, 2000. 
The minimum hardware and software specifications required for the FCC 
remote bidding system are listed:
     CPU: Intel  Pentium or above.
     RAM: 16 MB (more recommended if you have multiple 
applications open).
     Hard Disk: 33 MB available disk space.
     1.44 MB Floppy Drive or CD-ROM Drive (to install the 
Remote Bidding System).
     Modem: v.32bis 28.8 kbps Hayes compatible modem 
(56.6 kbps recommended).
     Monitor: VGA or above.
     Mouse or other pointing device.
     Microsoft Windows\TM\ 95\TM\ or 98\TM\.
     We recommend that you use Netscape 
Communicator\TM\ 4.73. However, you can also use Netscape Communicator 
4.7 or 4.72.
    To download Netscape Communicator 4.73 free of charge, access the 
Netscape download site at http://home.netscape.com/download/.

    Note: The FCC Remote Bidding System has not been tested in a 
Macintosh, OS/2, or Windows NT\TM\ environment. Therefore, the FCC 
will not support operating systems other than Microsoft Windows 95 
or 98. This includes any other emulated Windows environment.

    12. Long-Form Applications: All applicants should be aware that at 
the long-form application stage, they will be subject to the more 
extensive reporting requirements contained in the Commission's Part 1 
ownership disclosure rule. See 47 CFR 1.2112(b).
    13. Bidder Alerts: All applicants must certify on their FCC Form 
175 applications under penalty of perjury that they are legally, 
technically, financially and otherwise qualified to hold a license, and 
not in default on any payment for Commission licenses (including down 
payments) or delinquent on any non-tax debt owed to any Federal agency. 
Prospective bidders are reminded that submission of a false 
certification to the Commission is a serious matter that may result in 
severe penalties, including monetary forfeitures, license revocations, 
exclusion from participation in future auctions, and/or criminal 
prosecution.
    14. Information about deceptive telemarketing investment schemes is 
available from the FTC at (202) 326-2222 and from the SEC at (202) 942-
7040. Complaints about specific deceptive telemarketing investment 
schemes should be directed to the FTC, the SEC, or the National Fraud 
Information Center at (800) 876-7060. Consumers who have concerns about 
specific proposals may also call the FCC National Call Center at (888) 
CALL-FCC ((888) 225-5322).

Federal Communications Commission.
Louis J. Sigalos,
Deputy Chief, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau.
[FR Doc. 00-19894 Filed 8-4-00; 8:45 am]
BILLING CODE 6712-01-P