*Pages 1--7 from Microsoft Word - 27319.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 03- 1268 April 29, 2003 AUCTION OF LICENSES FOR LOWER AND UPPER PAGING BANDS 104 Qualified Bidders Report No. AUC- 03- 48- D (Auction No. 48) In this Public Notice, the Federal Communications Commission (“ FCC” or “Commission”) identifies 104 applicants found to be qualified to bid in the upcoming auction of 10,202 licenses in the Lower and Upper Paging bands (“ Auction No. 48”). Auction No. 48 is scheduled to begin on Tuesday, May 13, 2003. In addition, this Public Notice contains bidding instructions and other important information regarding Auction No. 48. Attachment A lists each of the 104 qualified bidders, their upfront payments, and maximum eligibility in bidding units. 1 Attachment B lists the number of licenses selected on each qualified bidder’s FCC Form 175. In previous auctions, Attachment B has listed the licenses selected in each accepted application. However, due to the large volume of licenses in Auction No. 48, lists of the licenses selected in each accepted application will be provided in electronic format only, available with this public notice at http:// wireless. fcc. gov/ auctions/ 48/. 1 We note, however, that Jeffrey Scott Cofsky d/ b/ a Texas License Consultants (“ TLC”) is listed as a qualified bidder only conditionally, pending resolution of a request for waiver, filed on April 16, 2003, of the upfront payment deadline. The Wireless Telecommunications Bureau (“ Bureau”) reserves the right to find TLC ineligible to bid and dismiss its short- form application (FCC Form 175) should the request for waiver be denied. We also note that SkyTel Corp. (“ SkyTel”) is listed as a qualified bidder only conditionally, until resolution of a pending Request for Declaratory Ruling filed by SkyTel on April 15, 2003, and SkyTel’s associated waiver request. Resolution of the Request for Declaratory Ruling will determine SkyTel’s compliance with Section 1. 2105( a)( 2)( x) of the Commission’s rules. 47 C. F. R. § 1.2105( a)( 2)( x). The Bureau reserves the right to deny SkyTel’s waiver request, reject SkyTel’s application, and find SkyTel not qualified to bid with respect to any license in Auction No. 48 based on that determination. If the Bureau ultimately denies SkyTel’s waiver request, SkyTel would be in default on any license for which it is the winning bidder, and subject to default payments under Sections 1.2104( g) and 1.2109( c) of the Commission’s rules. 47 C. F. R. §§ 1. 2104( g), 1.2109( c). 1 3 actual auction event, and it is the responsibility of each qualified bidder to ensure that all registration information has been received. Registration Material Replacement. Lost bidder identification numbers or SecurID cards can be replaced only by appearing in person at the FCC Headquarters, located at 445 12 th Street, SW, Washington, DC. Only an authorized bidder, the contact person or the certifying official, as designated on the applicant's FCC Form 175, may appear in person with two forms of identification (one of which must be a photo identification) in order to receive replacements. Qualified bidders requiring replacements must call technical support prior to arriving at the FCC. If a bidder receives a damaged card( s), the bidder’s contact person should call Technical Support to request a replacement. Technical Support will verify that the card is unusable, and a new card will be sent by Federal Express along with a self- addressed stamped envelope for returning the damaged card( s). Bidding. The Commission will conduct this auction over the Internet, and telephonic bidding will be available as well. As a contingency plan, bidders may also dial in to the FCC Wide Area Network. Qualified bidders are permitted to bid telephonically or electronically. In either case, each authorized bidder must have its own Remote Security Access SecurID card, which the FCC will provide at no charge. Each applicant with less than three authorized bidders will be issued two SecurID cards, while applicants with three authorized bidders will be issued three cards. For security purposes, the SecurID cards and the instructions for using them are only mailed to the contact person at the contact address listed on the FCC Form 175. Please note that each SecurID card is tailored to a specific auction. SecurID cards issued for other auctions or obtained from a source other than the FCC will not work for Auction No. 48. The telephonic bidding phone number will be supplied in the first mailing along with the confidential bidder identification number. Please note that the SecurID cards can be recycled, and we encourage bidders to return the cards to the FCC. We will provide pre- addressed envelopes that bidders may use to return the cards once the auction is over. Bidding Contingency Plan. Bidders should develop comprehensive contingency plans that can be quickly implemented if bidders experience difficulty participating in the auction. While the FCC will correct any problems within Commission- controlled facilities, bidders are solely responsible for anticipating and overcoming problems such as bidder technical failures, local telephone service interruptions, adverse local weather conditions, unavailability of authorized bidders, or the loss or breach of confidential security codes. In their registration materials, all qualified bidders will be supplied with a telephone number for telephonic bidding. Bidders choosing to bid telephonically are required to use this telephone number to place bids. Electronic bidders may use this telephone number as an alternate method of bidding in the event they are unable to submit their bids electronically. In the past, four to five minutes have been necessary to complete a bid submission. Due to the large number of licenses in Auction No. 48, bidders may require more time to submit their bids than in past auctions. Telephonic bidders are therefore reminded to allow sufficient time to bid by placing their calls well in advance of the close of a round. Minimum Opening Bids. There will be a minimum opening bid for each license in Auction No. 48, calculated in accordance with the formulas previously announced. 3 The minimum opening bid amount is 3 Auction No. 48 Procedures Public Notice at 31- 32. Attachment A of the Auction No. 48 Procedures Public Notice sets forth the minimum opening bids for each license offered in Auction No. 48. 3 4 subject to reduction at the discretion of the Commission. However, bidders should be aware that the Commission will not entertain requests to lower minimum opening bids. The agency will exercise its discretion, if at all, independent of any communications from bidders. Messages and Announcements. The FCC will post pertinent auction information as messages and announcements. Bidders should routinely check for messages and announcements each time they enter the Automated Auction System, and should read this information carefully. Bidding Schedule. The bidding schedule for Tuesday, May 13, 2003, will be: Bidding Period 9: 00 a. m. - 10: 30 a. m. ET Bidding Period 2: 00 p. m. - 3: 30 p. m. ET The bidding schedule for Wednesday, May 14, 2003, and continuing until further notice, will be: Bidding Period 9: 00 a. m. - 10: 00 a. m. ET Bidding Period 11: 00 a. m. - 12: 00 p. m. ET Bidding Period 2: 00 p. m. - 3: 00 p. m. ET Bidding Period 4: 00 p. m. - 5: 00 p. m. ET Round results will be provided approximately 15 to 30 minutes after the close of each round. The FCC will set the pace of the auction based upon its monitoring of the bidding and its assessment of the auction's progress. All subsequent schedule changes will be made by announcement during the course of the auction. The Commission announces that bidding for Auction No. 48 will be temporarily suspended for the May 26 th Memorial Day holiday. Bidding will resume on Tuesday, May 27, 2003. Bidder Questions during the Auction. FCC auction officials and technical support staff will be available during the course of the auction to answer questions from authorized bidders. Bidders should identify themselves as a bidder with time sensitive auction questions when calling any number. Help can be obtained through the following telephone numbers: FCC Bidder Line (telephonic bidding, auction conduct questions) Use telephonic bid number supplied in registration mailing FCC Technical Support Hotline (all technical questions, software and hardware) (202) 414- 1250 FCC Auctions Division (legal questions) (202) 418- 0660 4 5 Monitoring Round Results. Attachment E (How to Monitor the FCC Auctions On- Line) of this Public Notice provides instructions for reviewing and downloading round results, as well as other material related to Auction No. 48, that will be released by the Commission during the course of the auction. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. 4 Applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175 electronically and submit a letter, briefly summarizing the changes, by electronic mail to the attention of Margaret Wiener, Chief, Auctions and Industry Analysis Division, at the following address: auction48@ fcc. gov. A separate copy of the letter should be faxed to Rosemary Cabral, Auctions and Industry Analysis Division, (202) 418- 2923. Questions about other changes should be directed to Rosemary Cabral at (202) 418- 0660. As described in the Commission's rules, applicants may make only minor corrections to their FCC Form 175 applications (e. g., authorized bidder, fax number). 5 Major modifications (e. g., changing the markets applied for, changing control of the applicant, changing the certifying official) will not be accepted. 6 Due Diligence. Bidders are reminded that they should continue to conduct due diligence examinations regarding incumbents and other legal developments with respect to the licenses for which they may bid during the course of the auction. 7 Bidders should be aware that certain applications (including those for modification), petitions for rulemaking, requests for special temporary authority (“ STA”), waiver requests, petitions to deny, petitions for reconsideration, and applications for review may be pending before the Commission and relate to particular applicants or incumbent licensees. 8 In addition, certain judicial proceedings that may relate to particular applicants or the licenses available in Auction No. 48 may be commenced, or may be pending or subject to further review. We note that resolution of these matters could have an impact on the availability of spectrum in Auction No. 48. Some of these matters (whether before the Commission or the courts) may not be resolved by the time of the auction. 9 Bidders are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of licenses available in Auction No. 48. 4 47 C. F. R § 1.65. 5 47 C. F. R. § 1. 2105( b). 6 Id. 7 See Auction No. 48 Procedures Public Notice at 8- 10. 8 See, e. g., Maximum Communications, Inc. (“ Maximum”) Applications, ULS File Nos. 1282221 and 1282236, filed April 21, 2003. In its applications, Maximum seeks a waiver of Section 1.949( a) of the Commission’s rules, 47 C. F. R. § 1. 949( a), to permit it to renew two expired authorizations for one- way paging facilities under call signs KNKM424 and KNKO680 on 931.7125 MHz. On April 23, 2003, Maximum also filed a request with the Wireless Telecommunications Bureau to correct the Universal Licensing System (“ ULS”) database to add ten transmitter site locations to its authorization under call sign KNKM423 on 931. 7125 MHz. Maximum claims that the ten sites were previously licensed to it and have been improperly omitted from the ULS database. A list of the sites is provided in Attachment F. 9 In the event that a final determination reached in a pending proceeding requires a winning bidder to surrender rights to a license( s) won in Auction No. 48, the Commission will return payments relating to such license( s) to the payer of record. The Commission, however, will not pay interest on the returned payment( s) as it lacks legal authority to do so. 5 6 Mock Auction. The FCC will conduct a mock auction on Thursday, May 8, 2003, which will allow qualified bidders to familiarize themselves with the FCC Automated Auction System. Only qualified bidders will be permitted to participate in the mock auction. The Bureau will conduct this auction over the Internet, and telephonic bidding will be available as well. As a contingency plan, bidders may also dial in to the FCC Wide Area Network. Qualified bidders that wish to place bids telephonically should use the telephone number supplied in the Auction No. 48 registration materials. The mock auction will include all Auction No. 48 licenses, and will follow the rules governing the actual auction. The mock auction will be identified as Auction No. 74. The program will assume that each bidder applied for all EA and MEA licenses. The program will also assume that each bidder submitted upfront payments of $60,000, which corresponds to 60,000 bidding units. The mock auction will simulate the start of the auction, and all bidders will be required to be active on 80 percent of their current bidding eligibility. A bidder not meeting this requirement will have a waiver automatically applied (if the bidder has any waivers available), or its current eligibility will be permanently reduced (if the bidder has no waivers remaining), possibly eliminating the bidder from the auction. Electronic bidders participating in the mock auction are advised to review the Bidding System User Manual provided in the second mailing. Attachment D of this Public Notice provides instructions for accessing the FCC Mock Auction site. The mock auction bidding schedule for Thursday, May 8, 2003, will be: Round 1 Bidding Period 9: 00 a. m. - 10: 30 a. m. ET Round 2 Bidding Period 12: 00 p. m. - 1: 00 p. m. ET Round 3 Bidding Period 2: 30 p. m. - 3: 00 p. m. ET Round 4 Bidding Period 4: 00 p. m. - 4: 15 p. m. ET OTHER IMPORTANT INFORMATION Prohibition of Collusion. Bidders are reminded that Section 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 Section 1.2105( a)( 2)( viii). For Auction No. 48, this prohibition became effective at the filing deadline of short- form applications on Friday, March 21, 2003, and will end on the post- auction down payment deadline. The post- auction down payment deadline 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 Section 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. 10 In addition, Section 1.65 of the Commission’s rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 10 Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti- Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 6 7 days of any substantial change that may be of decisional importance to that application. 11 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti- collusion rules upon learning of such violation. Bidders therefore are required to make such notification to the Commission immediately upon discovery. 12 For further details regarding the prohibition against collusion refer to the Auction No. 48 Procedures Public Notice. 13 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. 14 In addition, applicants are reminded that they are subject to the antitrust laws, which are designed to prevent anti- competitive behavior in the marketplace. If a bidder is found to have violated the antitrust laws in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions. 15 Long- Form Applications. Applicants that claim status as a small business should be aware that at the long- form application stage, they will be subject to more extensive reporting requirements contained in the Commission's Part 1 ownership disclosure rule. 16 In addition, applicants with foreign ownership interests will be required to comply with 47 U. S. C. Section 310( b) at the long- form application stage. For additional information regarding this Public Notice, please contact Barbara Sibert, Auctions Project Manager or Roy Knowles, Auctions Analyst, at (717) 338- 2888; or Rosemary Cabral, Auctions Attorney, at (202) 418- 0660. Technical questions about software or hardware should be directed to Technical Support at (202) 414- 1250 (V) or (202) 414- 1255 (TTY). - FCC - 11 47 C. F. R. § 1.65. 12 The Commission amended Section 1. 2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Amendment of Part 1 of the Commission’s Rules – Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546, 17555, ¶ 17 (2001). 13 Auction No. 48 Procedures Public Notice at 6- 8 and Attachment F. 14 47 C. F. R. §§ 1.2105( c), 1. 2107( d), and 1.2109( d). 15 47 C. F. R. §1. 2109( d). 16 47 C. F. R. § 1. 2112( b)( 2). 7