*Pages 1--4 from Microsoft Word - 40851* 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 04- 2451 August 3, 2004 REVISED INVENTORY FOR BROADBAND PCS SPECTRUM AUCTION COMMENT SOUGHT ON RESERVE PRICES OR MINIMUM OPENING BIDS AND OTHER AUCTION PROCEDURES Report No. AUC- 04- 58- C (Auction No. 58) On June 18, 2004, the Wireless Telecommunications Bureau (“ Bureau”) announced the auction of 234 licenses in the broadband Personal Communication Service scheduled to commence on January 12, 2005 (“ Auction No. 58”). 1 In the Auction No. 58 Comment Public Notice, the Bureau sought comment on procedures for the auction of those licenses. By this Public Notice, we revise the auction inventory to also include the following eight D and E block broadband PCS licenses: 2 Market Market Name License Frequencies Frequency Block BTA194 Houghton, MI CW- BTA194- E 1885- 1890/ 1965- 1970 E BTA206 Iron Mountain, MI CW- BTA206- E 1885- 1890/ 1965- 1970 E BTA207 Ironwood, MI CW- BTA207- D 1865- 1870/ 1945- 1950 D BTA207 Ironwood, MI CW- BTA207- E 1885- 1890/ 1965- 1970 E BTA279 Marinette, WI- Menominee, MI CW- BTA279- E 1885- 1890/ 1965- 1970 E BTA282 Marquette, MI CW- BTA282- E 1885- 1890/ 1965- 1970 E BTA409 Sault Ste. Marie, MI CW- BTA409- D 1865- 1870/ 1945- 1950 D BTA409 Sault Ste. Marie, MI CW- BTA409- E 1885- 1890/ 1965- 1970 E Under the Commission’s Part 24 rules, broadband PCS spectrum in the D and E blocks is not subject to the entrepreneur eligibility restrictions. 3 Attachment A to this Public Notice provides a revised complete list of licenses to be offered in Auction No. 58. 4 1 Broadband PCS Spectrum Auction Scheduled for January 12, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures, Public Notice, DA 04- 1639 (rel. Jun 18, 2004), 69 FR 40632 (" Auction No. 58 Comment Public Notice"). An erratum to the Auction No. 58 Comment Public Notice corrected the formula for proposed upfront payments and proposed minimum opening bids. 2 The spectrum recently became available as a result of license cancellation. We note that the license cancellations are uncontested. 3 See 47 C. F. R. § 24. 709. 1 3 Public Notice. 10 Specifically, for Auction No. 58, the Bureau has proposed to calculate upfront payments on a license- by- license basis using a formula based on bandwidth and license area population: 11 $0.05 * MHz * License Area Population The specific proposed upfront payment for each license available in Auction No. 58 is set forth in Attachment A. 12 The Bureau further proposed that the amount of the upfront payment submitted by a bidder will determine the maximum number of bidding units on which a bidder may place bids. 13 This limit is a bidder’s initial eligibility. Each license is assigned a specific number of bidding units equal to the upfront payment listed in Attachment A, on a bidding unit per dollar basis. This number does not change as prices rise during the auction. A bidder’s upfront payment is not attributed to specific licenses. Rather, a bidder may place bids on any combination of licenses as long as the total number of bidding units associated with those licenses does not exceed its current eligibility. Eligibility cannot be increased during the auction. Thus, in calculating its upfront payment amount, an applicant must determine the maximum number of bidding units it may wish to bid on (or hold high bids on) in any single round, and submit an upfront payment covering that number of bidding units. We seek comment on these proposals as they relate to the eight licenses added to the auction inventory. III. Other Auction Procedural Issues In the Auction No. 58 Comment Public Notice, the Bureau also set forth and sought comment on the following proposals relating to auction structure and bidding procedures: (1) simultaneous multiple- round auction design; (2) activity rules; (3) activity rule waivers and reducing eligibility; (4) information relating to auction delay, suspension or cancellation; (5) round structure; (6) minimum acceptable bids and bid increments; (7) high bids and tied bids; (8) information regarding bid withdrawal and bid removal; and (9) auction stopping rule. For the additional licenses in Auction No. 58, we propose to use the same auction structure and bidding procedures proposed in the Auction No. 58 Comment Public Notice. 14 We seek comment on these proposals as they relate to the eight licenses added to the auction inventory. IV. Conclusion Comments are due on or before August 10, 2004, and reply comments are due on or before August 16, 2004. Because of the disruption of regular mail and other deliveries in Washington, DC, the Bureau requires that all comments and reply comments be filed electronically. Comments and reply comments must be sent by electronic mail to the following address: auction58@ fcc. gov. 15 The electronic mail 10 Id., Section I. B. 11 All population figures are from the 2000 U. S. Census, U. S. Department of Commerce, Bureau of the Census. See Census 2000 Summary File 1 (SF1) and July 3, 2001, News Releases covering the U. S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. 12 Results are rounded using our standard rounding procedure: results above $10,000 are rounded to the nearest $1, 000; results below $10,000 but above $1, 000 are rounded to the nearest $100; and results below $1, 000 are rounded to the nearest $10. 13 Auction No. 58 Comment Public Notice, Section I. B. 14 Id., Sections I- II. 15 Comments and reply comments in response to this Public Notice may not be filed using the Commission’s Electronic Comment Filing System, which is used for the Commission’s docketed rule making proceedings. 3 4 containing the comments or reply comments must include a subject or caption referring to Auction No. 58 Comments and the name of the commenting party. The Bureau requests that parties format any attachments to electronic mail as Adobe ® Acrobat ® (pdf) or Microsoft ® Word documents. Copies of comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Information Center, Room CY- A257, 445 12th Street, SW, Washington, DC 20554. In addition, the Bureau requests that commenters fax a courtesy copy of their comments and reply comments to the attention of Kathryn Garland at (717) 338- 2850. This proceeding has been designated as a “permit- but- disclose” proceeding in accordance with the Commission’s ex parte rules. 16 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. 17 Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in section 1.1206( b) of the Commission’s rules. 18 For further information concerning this proceeding, contact the Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, as listed below: For legal questions: Scott A. Mackoul or Audrey Bashkin at (202) 418- 0660 For general auction questions: Jeff Crooks (202) 418- 0660 Lisa Stover (717) 338- 2888 For service rule questions, contact the Mobility Division, Wireless Telecommunications Bureau, as follows: Erin McGrath, (202) 418- 0620; JoAnn Epps, (202) 418- 1342; or Dwain Livingston, (202) 418- 1338. - FCC - 16 47 C. F. R. §§ 1.1200( a), 1. 1206. 17 47 C. F. R. § 1. 1206( b). 18 Id. 4