*Pages 1--4 from Microsoft Word - 44380.doc* Federal Communications Commission Washington, D. C. 20554 November 29, 2004 DA 04- 3696 Via Certified Mail, Return Receipt Requested Mr. James D. Boyer Nevada Wireless LLC 593 Overmyer Road Sparks, NV 89431 Re: Final Bid Withdrawal Payment For Auction No. 34 Dear Mr. Boyer: Nevada Wireless LLC (“ Nevada”), a participant in Auction No. 34, withdrew its high bid on three licenses (BEA047FF, BEA124EE, BEA140F) in that auction. Auction No. 43, the subsequent auction for the license on which Nevada withdrew its high bid, has closed. As shown on Attachment A, in accordance with the Federal Communication Commission’s (“ Commission’s”) rules, we are now able to calculate Nevada’s final bid withdrawal payment obligation. Under the Commission’s rules, a bidder that withdraws a high bid during the course of an auction is subject to a bid withdrawal payment equal to the difference between the amount of the withdrawn bid and the amount of the subsequent winning bid. If a high bid is withdrawn on a license that remains unsold at the close of the auction, the withdrawing bidder will be required to make an interim payment equal to three percent (3%) of the net amount of the withdrawn bid. 1 This payment amount is deducted from any upfront payments or down payments deposited for this bidder’s account with the Commission. 2 If, in a subsequent auction, that license receives a winning bid (or a subsequent withdrawn bid) in an amount equal to or greater than the withdrawn bid amount, then no final bid withdrawal payment will be assessed, and, upon appropriate request, the Commission will refund the interim three percent (3%) payment. 3 If in a subsequent auction, the winning bid for that license (or subsequent withdrawn bid) is less than the bidder’s withdrawn amount, then the bidder will be required to make a final bid withdrawal payment 1 Implementation of Section 309( j) of the Communications Act— Competitive Bidding, PP Docket No. 93- 253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n. 51 (1994); C. H. PCS, Inc., 11 FCC Rcd 14495 (1996) (requiring a three percent deposit). 2 47 C. F. R. § 1. 2106( d) and (e). 3 47 C. F. R. § 1. 2104( g)( 1). 1 Mr. James D. Boyer DA 04- 3696 November 29, 2004 2 equal to either the difference between the bidder’s net withdrawn bid and the subsequent net winning bid, or the difference between the bidder’s gross withdrawn bid and the subsequent gross winning bid, whichever is less. 4 As shown in Attachment A, in accordance with Section 1.2104( g)( 1), after applying any interim bid withdrawal payments or amounts on deposit with the Commission, Nevada has a refund due of $3,255.00. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4( i) and 309 of the Communications Act of 1934 as amended, 47 U. S. C. §§ 154( i), 309, and Section 1.2104( g) of the Commission’s Rules, 47 C. F. R. § 1.2104( g), Nevada Wireless LLC is ASSESSED final bid withdrawal payments as computed in Attachment A. IT IS FURTHER ORDERED, that, pursuant to 47 C. F. R. §§ 1.2104 and 1.2106, Nevada Wireless LLC’s interim bid withdrawal payments or funds on deposit will be applied towards the sum of the final bid withdrawal payments. IT IS FURTHER ORDERED, in accordance with Section 1.2104 of the Commission’s rules, the Commission is prepared to refund to the payor( s) of record, the remaining funds withheld in connection with Nevada Wireless LLC’s withdrawals referenced above. To obtain a refund, the payor( s) of record 5 must submit a request( s) in accordance with the instructions set forth in Attachment B. IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives by certified mail. This action is taken pursuant to authority delegated by Section 0.331 of the Commission’s rules, 47 C. F. R. § 0.331. Sincerely, Rita Cookmeyer Financial Policy Analyst Auctions and Spectrum Access Division Wireless Telecommunications Bureau 4 47 C. F. R. § 1. 2104( g)( 1). 5 See Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in Auction No. 22, Memorandum Opinion and Order, 16 FCC Rcd. 10, 030 (2001) (noting that the Commission does not accept instructions regarding the refund of excess upfront payments from entities or individuals other than the payor of record). 2 Mr. James D. Boyer DA 04- 3696 November 29, 2004 3 ATTACHMENT A Bid Withdrawal Payment/ Refund Report Total Refund $3, 255. 00 License Number Withdrawn Gross Bid Auction 34 Withdrawn Net Bid Auction 34 Reauction Gross Bid Auction 43 Reauction Net Bid Auction 43 3% Deposit Withheld from Auction 34 Final Bid Withdrawal Payment Refund Due BEA047FF $140, 000. 00 $91, 000.00 $144, 000. 00 $144, 000. 00 $2, 730. 00 $0. 00 $2, 730. 00 BEA124EE $9, 900. 00 $6, 435. 00 $23,000. 00 $14,950. 00 $193. 00 $0. 00 $193. 00 BEA140F $17, 000.00 $11, 050.00 $57, 000.00 $37, 050.00 $332. 00 $0. 00 $332. 00 3