[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32089-32091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5084]


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FEDERAL COMMUNICATIONS COMMISSION

[Report No. AUC-06-66-C (Auction No. 66); FCC 06-71; AU Docket No. 06-
30]


Auction of Advanced Wireless Services Licenses Rescheduled for 
August 9, 2006, Revised Schedule, Filing Requirements and Supplemental 
Procedures for Auction No. 66

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces the revised schedule, filing 
requirement and supplemental procedures for the upcoming auction of 
Advanced Wireless Service licenses (Auction No. 66).

DATES: Auction No. 66 is scheduled to begin on August 9, 2006. Short-
form applications to participate in Auction No. 66 must be submitted by 
June 19, 2006.

FOR FURTHER INFORMATION CONTACT: Auctions and Spectrum Access Division, 
Wireless Telecommunications Bureau: for legal questions: Scott Mackoul 
at (202) 418-0660, for general auction questions: Lisa Stover at (717) 
338-2888. Broadband Division: For legal and technical questions: David 
Hu and John Spencer at (202) 418-0200 and for licensing questions: Beth 
Fishel at (717) 338-2649.

SUPPLEMENTARY INFORMATION: This is a summary of the Auction No. 66 
Supplemental Procedures Public Notice released on May 19, 2006. The 
complete text of the Auction No. 66 Supplemental Procedures Public 
Notice, including attachments and related Commission documents, is 
available for public inspection and copying from 8 a.m. to 4:30 p.m. 
Monday through Thursday or from 8 a.m. to 11:30 a.m. on Friday at the 
FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554. The Auction No. 66 Supplemental 
Procedures Public Notice and related Commission documents may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, 
or you may contact BCPI at its Web site: http://www.BCPIWEB.com. 
Remember when ordering documents from BCPI please provide the 
appropriate FCC document number (for example FCC 06-71). The Auction 
No. 66 Supplemental Procedures Public Notice and related documents are 
also available on the Internet at the Commission's Web site at: http://wireless.fcc.gov/auctions/66/ auctions/66/.

I. Introduction

    1. The Federal Communications Commission (Commission) announces the 
revised schedule, filing requirements and supplemental procedures for 
the upcoming auction (Auction No. 66) of Advanced Wireless Services 
licenses in the 1710-1755 MHz and 2110-2155 MHz bands (AWS-1) to 
provide applicants additional time for preparation and planning. With 
the exception of the changes set forth in the Auction No. 66 
Supplemental Procedures Public Notice, the Commission's procedures, 
terms and conditions previously announced in the Auction No. 66 
Procedures Public Notice, 71 FR 20672, (April 21, 2006), will apply in 
Auction No. 66.

II. Rescheduled Auction Start Date and Pre-Auction Dates

A. Auction Date

    2. Bidding in Auction No. 66 will begin on Wednesday, August 9, 
2006. The initial schedule for bidding will be announced by public 
notice at least one week before the start of the auction.

B. Pre-Auction Dates and Deadlines

    3. In light of the new Auction Date, the Commission extends the 
deadline for participants to file a short-form application (FCC Form 
175) to participate in the auction, and revises other pre-auction dates 
and deadlines as follows:

Short-Form Application (FCC Form 175): Filing Window Opens June 5, 
2006; 12 p.m. ET
Short-Form Application (FCC Form 175): Filing Window Deadline June 19, 
2006; 6 p.m. ET
Upfront Payments (via wire transfer): July 17, 2006; 6 p.m. ET
Mock Auction: August 7, 2006
Auction Begins: August 9, 2006

C. Requirements for Participation

    4. Those wishing to participate in Auction No. 66 must: (a) Submit 
a short-form application (FCC Form 175) electronically prior to 6 p.m. 
eastern time (ET), June 19, 2006, following the electronic filing 
procedures set forth in Attachment D to the Auction No. 66 Procedures 
Public Notice; (b) submit a sufficient upfront payment and an FCC 
Remittance Advice Form (FCC Form 159) before 6 p.m. ET, July 17, 2006; 
and (c) comply with all provisions outlined in the Auction No. 66 
Procedures Public Notice, the Auction No. 66 Supplemental Procedure 
Public Notice and applicable Commission rules.

III. Short-Form Application (FCC Form 175) Filing Requirements

    5. Except as set forth in the Auction No. 66 Supplemental 
Procedures Public Notice, the short-form application (FCC Form 175) 
requirements previously announced in the Auction No. 66 Procedures 
Public Notice will apply in Auction No. 66.

A. Effect of New Short-Form Application Filing Deadline

    6. Any party, whether it wishes to claim designated entity benefits 
or not, may submit a short-form application to

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participate in Auction No. 66 by the June 19, 2006, deadline, 
regardless of whether that party previously submitted an application 
pursuant to the prior deadline, once the short-form application filing 
window opens on June 5, 2006.
    7. Any party that previously submitted a short-form application 
pursuant to the prior deadline may use the application previously 
submitted, subject to compliance with newly effective Commission rules; 
may change any or all of the information in a previously submitted 
short-form application; may withdraw a previously submitted short-form 
application; and may create and submit a new short-form application in 
place of a withdrawn application. Applications may be withdrawn by 
using the withdraw application function of the Auction Application 
Manager.
    8. All applicants, particularly those that choose to retain their 
current applications on file, are reminded to review all information 
contained in their applications, including all information that may 
have been automatically entered, to confirm that it is complete and 
accurate as of the new deadline for filing the short-form application. 
If a party that previously submitted a short-form application pursuant 
to the prior deadline chooses to retain its current application on file 
and determines that it is still complete and will be accurate as of the 
new filing deadline for short-form applications, the party does not 
need to resubmit the application.
    9. Since the Commission's collusion prohibitions set forth in 
section 1.2104(c) (the anti-collusion rule) are not triggered until 
after the short-form application filing deadline, the release of the 
Auction No. 66 Supplemental Procedures Public Notice extending this 
deadline has the effect of lifting the prohibitions until the short-
form filing period expires on June 19, 2006. (These prohibitions had 
been in effect since the expiration of the prior short-form filing 
application period on May 10, 2006.) After the new short-form filing 
deadline on June 19, 2006, the prohibitions of the anti-collusion rule 
will again apply. Although the prohibitions of the Commission's anti-
collusion rule are not triggered until the new short-form filing 
deadline, applicants have continuing obligations to avoid anti-
competitive behavior, including communications about auction plans or 
applications that might have anti-competitive effects. As noted in the 
Auction No. 66 Procedures Public Notice, regardless of compliance with 
the Commission's rules, applicants remain subject to the antitrust 
laws, which are designed to prevent anticompetitive behavior in the 
marketplace.

B. Short-Form Application Certification of Compliance With Commission 
Rules

    10. Applicants that submit short-form applications to participate 
in Auction No. 66 by the June 19, 2006, deadline are reminded that 
their application must be in compliance with Commission rules as of 
that date, regardless of whether the short-form application was 
previously submitted on an earlier date and regardless of whether there 
has been any change in circumstances between the date of submission and 
the short-form application deadline.
    11. Applicants are reminded that they must comply with the various 
certifications required in the short-form application pursuant to 
Commission rules. Applicants are required to be in compliance with the 
certifications, made by a person with authority to bind the applicant, 
as of the deadline for filing the short-form applications. Applicants 
must assure the accuracy of these certifications as of the deadline.
    12. Applicants are strongly cautioned to avoid any statements or 
disclosures that may violate the Commission's anti-collusion rule, 
particularly in light of the Commission's procedures regarding the 
availability of certain information in Auction No. 66. Applicants 
should carefully review the Auction No. 66 Procedures Public Notice 
with respect to both the prohibition of collusion and the information 
available to bidders before and during the auction.

C. Designated Entity Applicant Certification of Compliance With Rules 
Effective as of Short-Form Filing Window Deadline

    13. The Commission adopted new rules governing eligibility for 
designated entity benefits in the Designated Entity Second Report and 
Order, 71 FR 26245 (May 4, 2006). In the Designated Entity Second 
Report and Order, the Commission stated that applicants seeking to 
participate in Auction No. 66 as designated entities would be required 
to amend their applications for that auction on or after the effective 
date of the rule changes with a statement declaring, under penalty of 
perjury, that the applicant is qualified as a designated entity 
pursuant to section 1.2110 of the Commission's rules effective as of 
the date of the statement. The Commission adopted and released the new 
rules on April 25, 2006, and published the new rules in the Federal 
Register on May 4, 2006. The new rules will become effective on June 3, 
2006.
    14. The Commission's rules require, and the short-form application 
provides, that any applicant applying as a designated entity certify 
that the applicant is qualified as a designated entity under the 
Commission's rules. Pursuant to the new schedule for Auction No. 66, 
applicants to participate in Auction No. 66 must file a short-form 
application by June 19, 2006, which is after the effective date of the 
Commission's new rules governing eligibility for designated entity 
benefits. Applicants may withdraw, or effectively delete, any 
application that has been submitted until that deadline occurs. It is 
no longer necessary for entities applying as designated entities to 
amend their applications as described in the Designated Entity Second 
Report and Order. The certification made as part of the short-form 
application will constitute a certification by any applicant applying 
as a designated entity that the applicant will be qualified as a 
designated entity pursuant to the Commission's rules as of the June 19, 
2006, deadline for filing the short-form application, regardless of the 
date on which the applicant submits the application. Applicants that 
previously certified their designated entity eligibility must revise 
their application and resubmit or withdraw by the filing deadline of 
June 19, 2006 if they will not be qualified pursuant to the 
Commission's rules as of that deadline.

D. Additional Information Required in Short-Form Application From 
Designated Entity Applicants Pursuant to Newly Effective Rules

    15. The Commission's new rules regarding applicants seeking 
eligibility for designated entity benefits requires the disclosure of 
information not previously required on a short-form application. 
Applicants must submit all information required to be disclosed on the 
applicant's application to participate in the auction pursuant to 
Commission rules in effect as of the deadline for submitting the short-
form applications in order to qualify as a designated entity. Such 
information includes disclosures required pursuant to newly effective 
section 1.2112 as adopted in the Designated Entity Second Report and 
Order: (a) a list of all parties with which the applicant has entered 
into arrangements for the lease or resale (including wholesale 
agreements) of any of the capacity of any of the applicant's spectrum; 
and (b) a list, separately and in the aggregate, of the gross revenues 
of entities with which the applicant has an attributable material 
relationship, as defined in section 1.2110(b)(3)(iv)(B). Failure to 
provide any additional

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information required under the designated entity rules effective as of 
the deadline for filing a short-form application may result in the 
applicant being ineligible to qualify as a designated entity.
    16. An applicant may provide information not previously required on 
FCC Form 175 by including the information in an attachment to the 
application. When uploading an attachment providing information 
required by the newly effective designated entity rules, applicants 
should identify the attachment type as: Other.

IV. Information Regarding Bidders' Own Round Results

    17. Applicants are reminded that Auction No. 66 may be conducted 
pursuant to procedures that limit the information available prior to 
and during the auction. If Auction No. 66 is conducted with limited 
information released prior to and during the auction, two types of 
reports will be available to bidders: (1) Publicly-available 
information and (2) bidder-specific information available only to that 
bidder when logged in to the FCC Auction System.
    18. The public information will be available on the FCC Auction 
System results page that will list for each license the following 
information: the provisionally winning bid amount, the minimum 
acceptable bid amount for the next round, the number of bids received 
in the most recently-completed round, and whether the license has a 
provisionally winning bid or is held by the FCC.
    19. When a bidder is logged in to the FCC Auction System, it will 
have a selection of My Bid Reports available to it on the FCC Auction 
System's bidding page. Information in My Bid Reports allows only the 
respective bidder to view all of its actions in the current and 
previous rounds of the auction.

Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 06-5084 Filed 6-1-06; 8:45 am]
BILLING CODE 6712-01-P