PUBLIC NOTICE    
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 07-1921
May 2, 2007
AUCTION OF BROADBAND PCS SPECTRUM LICENSES
23 Bidders Qualified to Participate in Auction No. 71;
Limited Information Disclosure Procedures to be Used
Report No. AUC-07-71-D (Auction No. 71)
In this Public Notice, the Wireless Telecommunications Bureau (“WTB”) identifies 23 applicants found 
to be qualified to bid in the upcoming auction of broadband Personal Communications Service (“PCS”) 
licenses (Auction No. 71).1  Bidding in Auction No. 71 is scheduled to begin on Wednesday, May 16, 
2007.  In addition, this Public Notice contains bidding instructions and other important information 
regarding Auction No. 71.
Auction No. 71 will be conducted using procedures that will limit disclosure of certain information on 
bidder interests and identities prior to the close of bidding.  Specifically, during Auction No. 71, the 
Commission will disclose information on: (1) each bidder’s eligibility and upfront payment made prior to 
the start of the auction; and (2) after every round, the gross amount of each bid placed in the round, the 
number of bids placed in the round on each license, the minimum acceptable bid for each license in the 
following round, and whether each license has a provisionally winning bid. However, information on the 
licenses selected by each applicant and on the identities of the bidders placing bids on licenses will not be 
released by the Commission until after the close of bidding.  
After comment was sought on the possibility of using limited information procedures in Auction No. 71 
and no comment was received,2 the Auction No. 71 Procedures Public Notice decided that the Bureau 
would use limited information procedures if it appeared likely that the competitiveness of the auction 
would be low and that limited information procedures would be effective in making anti-competitive 
behavior less likely to be successful.  More specifically, the Auction No. 71 Procedures Public Notice
concluded that, if the eligibility ratio were less than three, certain information on bidder interests and 
  
1 “Auction of Broadband PCS Spectrum Licenses Scheduled for May 16, 2007; Notice and Filing Requirements, 
Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 71,” Public Notice, 22 FCC Rcd 
433 (“Auction No. 71 Procedures Public Notice”).
2 “Auction of Broadband PCS Spectrum Scheduled for May 16, 2007; Comment Sought on Competitive Bidding 
Procedures for Auction No. 71,” Public Notice, 21 FCC Rcd 13,392, 13,395 (citing “Auction of Advanced Wireless 
Services Licenses Scheduled for June 29, 2006, Notice and Filing Requirements, Minimum Opening Bids, Upfront 
Payments and Other Procedures for Auction No. 66,” Public Notice, 21 FCC Rcd 4562, 4565, 4600-06); see also 
Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 463.
2
bidder identities prior to and during this auction would be withheld,3 unless circumstances indicated that 
such limited information procedures would not be effective.4  The eligibility ratio for Auction No. 71 is
1.98, and there are no circumstances indicating that limited information disclosure procedures would not 
be an effective tool for deterring anti-competitive behavior.5 Therefore, Auction No. 71 will be 
conducted with limited disclosure of information on bidder interests and identities before the close of 
bidding. After the close of Auction No. 71, the Commission will make publicly available complete 
reports for each round of the auction that will include the previously undisclosed information on bidder 
interests and identities.
Attachment A lists the name of each of the 23 qualified bidders, maximum eligibility in bidding units, 
and each bidder’s claimed bidding credit revenue range and entrepreneur eligibility.6 Attachment A also 
indicates whether a bidder has requested a waiver of Commission rules or policies. 
Attachment B lists each applicant that submitted a short-form application, but did not qualify to bid in 
this auction. These applicants are reminded that they remain subject to the Commission’s rules 
prohibiting collusion in Commission auctions.7
Designation of an applicant as qualified to bid in the auction indicates that the applicant has provided the 
certifications and information concerning its qualifications for participation in the auction as required by 
the Commission’s competitive bidding rules.  Under the Commission’s two-phased auction application 
process, a winning bidder must submit a long-form application after the close of the auction to 
demonstrate its qualifications to hold a Commission license and, if entrepreneur eligibility or a bidding 
credit is requested, its eligibility for the closed license(s) won and/or requested bidding credit.8 Thus, a 
determination that a short-form application is complete and complies with the Commission’s competitive 
bidding rules and policies is not determinative of an applicant’s qualifications to hold a license or 
entitlement to a bidding credit.9  
  
3 Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 463.  The eligibility ratio is defined as the total number 
of bidding units of eligibility purchased by bidders through their upfront payments divided by the total number of 
bidding units for the licenses in the auction. Id. at 435-36.
4 For example, if only two applicants become qualified to participate in the bidding for an auction, limited 
information procedures would be ineffective in preventing bidders from knowing the identity of the competing 
bidder and, therefore, limited information procedures would not serve to deter attempts at signaling and retaliatory 
bidding behavior.  
5 We note that there are 23 qualified bidders, so that the circumstances described in the above footnote are not 
applicable in Auction No. 71. 
6 One applicant, Highland Cellular Holdings, Inc. (“Highland Cellular”), qualified as a bidder in Auction No. 71, but 
is not eligible for the bidding credit originally requested in its short-form application.  Specifically, during the 
resubmission period Highland Cellular amended its short-form application with updated financial information and 
requested the 15% bidding credit instead of the 25% bidding credit.  Therefore, it is qualified to bid in the auction 
with a 15% bidding credit, consistent with the bidding credit revenue range shown in Attachment A.  
7 See 47 C.F.R. § 1.2105(c); see also Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 439.
8 See 47 C.F.R. §§ 1.2107 – 1.2109; see also Amendment of Part 1 of the Commission’s Rules — Competitive 
Bidding Procedures, Second Report and Order, 9 FCC Rcd 2348, 2376-77 ¶¶ 163-168 (1994).
9 Requests concerning application qualifications and eligibility for a bidding credit are generally considered after the 
auction during the long-form application process.  In the event that an applicant is found unqualified to be a 
Commission licensee or ineligible for claimed designated entity benefits, it will be liable for any obligations 
incurred as a result of its participation in the auction.  See generally 47 C.F.R. § 1.2109.  
3
In order to participate effectively in the auction, qualified bidders should again familiarize themselves 
with the auction rules, procedures, and other information described in the Auction No. 71 Procedures 
Public Notice and subsequent public notices.10 These public notices and other documents related to 
Auction No. 71 are available on the Commission’s auctions website at http://wireless.fcc.gov/auctions/.
The following information provides additional guidance.
Registration. Qualified bidders have been automatically registered for the auction.  Registration 
materials will be sent to the bidder’s contact person at the contact address identified in the bidder’s short-
form application.  Upon receipt, each bidder should be in possession of the following:
· At least two RSA SecurID® tokens 
· Integrated Spectrum Auction System (ISAS) Bidder’s Guide
· FCC Auction Bidder Line phone number 
Qualified bidders are solely responsible for ensuring the security of their computer systems and their 
registration materials and for ensuring that only authorized bidders place bids on their behalf. The 
Commission assumes no responsibility or liability for these matters.
WARNING:  Any unauthorized entity accessing or tampering with an FCC or other government 
computer will be prosecuted to the full extent of the law.
Any qualified bidder listed in Attachment A of this public notice that has not received the registration 
mailing by 12:00 p.m. Eastern Time (ET) on Tuesday, May 8, 2007, must contact the Auctions Hotline 
directly at (717) 338-2868.  Qualified bidders that do not receive this registration mailing will not be able 
to submit bids.  Receipt of the registration mailing is critical to participating in both the mock auction and 
the actual auction, and it is the responsibility of each qualified bidder to ensure that all registration 
information has been received.  
Registration Material Replacement.  In the event that a bidder’s SecurID® tokens are lost or damaged, 
only a person who has been designated as an authorized bidder, the contact person, or the certifying 
official on the applicant’s short-form application may request replacement registration material.  
Qualified bidders requiring replacement of these items must call Technical Support at (877) 480-3201,
option nine; (202) 414-1250; or (202) 414-1255 (TTY).  
Bidding.  The Commission will conduct this auction over the Internet, and telephonic bidding will be 
available as well. The Integrated Spectrum Auction System (“ISAS” or “FCC Auction System”) can be 
accessed at http://auctions.fcc.gov or http://auctions2.fcc.gov.  Bidders are reminded that Apple® Mac 
OS® is not currently supported. 
Qualified bidders are permitted to bid telephonically or electronically.  In either case, each authorized 
bidder must have his or her own SecurID® token.  Applicants with only one authorized bidder will be 
issued two SecurID® tokens, while applicants with two or three authorized bidders will be issued three 
tokens.  For security purposes, the SecurID® tokens and the instructions for using them are only mailed to 
the contact person at the contact address listed on the applicant’s short-form application.  Please note that 
each SecurID® token is tailored to a specific auction.  SecurID® tokens issued for other auctions or 
obtained from a source other than the FCC will not work for Auction No. 71.  
  
10 Auction No. 71 Procedures Public Notice; see also “Auction of Broadband PCS Spectrum Licenses, Status of 
Short-Form Applications to Participate in Auction No. 71,” Public Notice, DA 07-1603 (rel. April 9, 2007).
4
In their registration materials, all qualified bidders will be supplied with a telephone number for the 
Auction Bidder Line.  Bidders choosing to bid telephonically are required to use this telephone number to 
place bids.  Bidders choosing to bid electronically may use this telephone number as an alternate method 
of bidding.  Telephonic bidders are reminded to allow sufficient time to bid by placing their calls well in 
advance of the close of a round.11
Please note that the SecurID® tokens can be recycled, and we strongly encourage bidders to return the 
tokens to the FCC once the auction closes.  We will provide pre-addressed envelopes that bidders may use 
to return the tokens.
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 computer or other technical failures, loss of or 
problems with data connections, telephone service interruptions, adverse local weather conditions, 
unavailability of authorized bidders, or the loss or breach of confidential security codes. As referenced 
above, the Auction Bidder Line telephone number will be supplied with the registration material. 
Minimum Opening Bid Amounts. There will be a minimum opening bid amount for each license in 
Auction No. 71, calculated in accordance with the factors previously announced.12 The minimum 
opening bid amount is subject to reduction at the discretion of the Bureau.  The Bureau will not entertain 
requests to lower minimum opening bid amounts.  The Bureau will exercise this discretion, if at all, 
independent of any communications from bidders.
Announcements. The Commission will post pertinent auction information as announcements in the FCC 
Auction System.  Bidders should routinely check for announcements each time they enter the FCC 
Auction System and should read this information carefully.
Bidding Schedule. On Wednesday, May 16, 2007, there will be four rounds of bidding as follows:
Bidding Round 10:00 a.m. - 11:00 a.m. ET
Bidding Round 12:00 p.m. - 1:00 p.m. ET
Bidding Round 2:00 p.m. - 3:00 p.m. ET
Bidding Round 4:00 p.m. - 5:00 p.m. ET
The bidding schedule for Thursday, May 17, 2007, and continuing until further notice, will be:
Bidding Round 10:00 a.m. - 10:30 a.m. ET
Bidding Round 11:15 a.m. - 11:45 a.m. ET
Bidding Round 12:30 p.m. - 1:00 p.m. ET
Bidding Round 2:00 p.m. - 2:30 p.m. ET
Bidding Round 3:15 p.m. - 3:45 p.m. ET
Bidding Round 4:30 p.m. - 5:00 p.m. ET
The Bureau will set the pace of the auction based upon monitoring of the bidding and assessment of the 
auction’s progress.  All subsequent schedule changes will be made by announcement via the FCC 
Auction System during the course of the auction.
  
11 The length of a call to place a telephonic bid may vary; please allow a minimum of 10 minutes.
12 Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 470. Attachment A of the Auction No. 71 Procedures 
Public Notice sets forth the minimum opening bid amounts for each license offered in Auction No. 71.   
5
Round Results.  Round results will be available approximately 10 minutes after the close of each round. 
As stated above, Auction No. 71 will be conducted using procedures that limit the disclosure of 
information on bidder interests and identities before the close of bidding.13 Accordingly, round results 
will not disclose the identities of bidders.
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.
The public information will be available on the FCC Auction System results page and will include for 
each license the following information, which will be current as of the conclusion of the most recently 
completed round: its provisionally winning bid amount, the minimum acceptable bid amount for the 
following round, the gross amounts of all bids placed on the license during the round, and whether the 
license has a provisionally winning bid or is FCC-held.  This information will also be available in 
downloadable files.  
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. Samples 
of the results page downloadable files were made available for the pre-auction seminar held March 7, 
2007.  These files are available on the web page for Auction No. 71, http://wireless.fcc.gov/auctions/71, 
via the “Auction Seminar” link (scroll down to the bottom of the auction seminar page).14  
Detailed instructions for reviewing and downloading round results are provided in the Integrated 
Spectrum Auction System (ISAS) Bidder’s Guide.  The bidder’s guide is included with qualified bidders’ 
registration materials and is available in electronic form through the “HELP” link in the FCC Auction 
System.
Watchlists.  The FCC Auction System sets up for each qualified bidder a default watchlist, called All 
Licenses, that contains every license selected on the bidder’s short-form application.  Qualified bidders 
may create additional watchlists containing licenses of their own choosing, and licenses may appear in 
multiple watchlists.  Bidders may access the FCC Auction System and begin creating their watchlists 
upon receipt of their SecurID® tokens.  Instructions for creating watchlists will be provided in the 
Integrated Spectrum Auction System (ISAS) Bidder’s Guide.  Please note that watchlists created in the 
mock auction will not display in Auction No. 71. 
Bidder Questions during the Auction. FCC auction staff and technical support staff will be available 
during the auction to answer questions from authorized bidders.  When appropriate, a bidder should 
identify itself as a bidder with a time-sensitive auction question when calling.  Help can be obtained 
through the following options:
  
13 Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 463-66.
14 Please note that the sample Round Results file was recently replaced to correct an error in the sample file that was 
previously available.
6
FCC Auction Bidder Line 
(telephonic bidding, auction conduct questions)
Use Auction Bidder Line telephone number 
supplied in registration mailing
FCC Technical Support  
(all technical questions, software and hardware)
(877) 480-3201, option nine; (202) 414-1250; or 
(202) 414-1255 (TTY)
FCC Auctions and Spectrum Access Division 
(legal questions only)
(202) 418-0660
The FCC Auction System includes a function for bidders to submit suggestions to the FCC, but this is not
an appropriate mechanism for asking time-sensitive questions that may need an immediate response, such 
as questions about auction procedures or other issues.  Such questions should be directed to one of the 
telephone numbers listed above. 
Amendments to FCC Form 175. Applicants are responsible for maintaining the accuracy and 
completeness of information furnished in their short-form applications, including their attachments.15  
Applicants should amend their short-form applications as promptly as possible, but no later than ten 
business days from the occurrence of a reportable change.  Changes that cause a loss of or reduction in 
eligibility for a bidding credit must be reported immediately.  Applicants must modify their short-form 
application electronically and submit a letter, briefly summarizing the changes, by electronic mail to the 
attention of Margaret Wiener, Chief, Auctions and Spectrum Access Division, at the following address:
auction71@fcc.gov.  Questions about changes should be directed to Stephen Johnson at (202) 418-0660. 
As described in the Commission’s rules, applicants may make only minor corrections to their short-form 
applications (e.g., changing an authorized bidder or facsimile number).16 Major modifications (e.g., 
license selection changes, newly claimed or increased bidding credit, or changing control of the applicant) 
will not be accepted.17 Bidders are reminded that any change affecting eligibility for a bidding credit, 
insofar as it results in the diminishment or loss of a bidding credit claimed on the short-form application, 
must be clearly stated in the bidder’s amendment and in the summary letter referenced above.  In such 
cases, the Commission will make appropriate adjustments in the bidding credit prior to the computation 
of any down and final payment amounts due.  
Due Diligence.  Potential bidders are reminded that they are solely responsible for investigating and 
evaluating all technical and marketplace factors that may have a bearing on the value of the broadband 
PCS licenses being offered in this auction.  The Commission makes no representations or warranties 
about the use of this spectrum for particular services.  Potential bidders are strongly encouraged to 
conduct their own research prior to the beginning of competitive bidding in Auction No. 71, in order to 
determine the existence of pending proceedings, pleadings, applications, or authorizations that might 
affect their decisions regarding participation in the auction.  In addition, potential bidders should perform 
technical analyses sufficient to assure themselves that, should they prevail in competitive bidding for a 
given license, they will be able to build and operate facilities that will comply fully with the 
Commission’s technical and legal requirements. Participants in Auction No. 71 are strongly encouraged 
to continue such research during the auction.
  
15 See 47 C.F.R. § 1.65.
16 See 47 C.F.R. § 1.2105(b).
17 Id.
7
Each potential bidder is solely responsible for identifying associated risks and for investigating and 
evaluating the degree to which such matters may affect the bidder’s ability to bid on, otherwise acquire, 
or make use of licenses available in Auction No. 71.  For further details regarding due diligence, qualified 
bidders should refer to the Auction No. 71 Procedures Public Notice under Section I.B.4.18
Potential bidders are reminded that while much of the private and common carrier fixed microwave 
services (“FMS”) operating in the 1850-1990 MHz band (and other bands) have been relocated to 
available frequencies in higher bands or to other media, some FMS licensees may still be operating in the 
band.  
Mock Auction.  On Monday, May 14, 2007, the Bureau will conduct a mock auction, which will allow 
qualified bidders to familiarize themselves with the FCC 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 also be available.  
Qualified bidders can access the mock auction at http://auctions.fcc.gov or http://auctions2.fcc.gov.  
Bidders choosing to bid electronically are advised to review the Integrated Spectrum Auction System 
(ISAS) Bidder’s Guide provided in the registration material.  Qualified bidders that wish to place bids 
telephonically should use the telephone number supplied in the Auction No. 71 registration materials. 
The mock auction will include only seven of the 38 licenses:  CW-BTA054-F, CW-BTA056-C5, CW-
BTA082-C4 (closed), CW-BTA098-F, CW-BTA127-C1, CW-BTA129-C3 (closed), and CW-BTA194-F,
and will follow the rules governing the actual auction.  The mock auction will be identified as Mock 
Auction No. 74.  Bidders with entrepreneur status will be permitted to place bids on any of the seven 
licenses,19 while bidders without entrepreneur status will not be able to place bids on those of the seven 
licenses that are available only to entrepreneurs in closed bidding.  The FCC Auction System will also 
assume that each bidder submitted an upfront payment sufficient to give the bidder initial (maximum) 
eligibility of 677,000 bidding units.  The mock auction will simulate the start of the auction, and each 
bidder will be required to be active on 80 percent of its current bidding eligibility.  If a bidder does not 
meet this requirement, it 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 further bidding in the auction. 
The mock auction bidding schedule for Monday, May 14, 2007, will be:
Round 1 10:00 a.m. - 11:00 a.m. ET
Round 2 12:00 p.m. - 1:00 p.m. ET
Round 3 2:30 p.m. - 3:00 p.m. ET
Round 4 3:30 p.m. - 4:00 p.m. ET
Round 5 4:15 p.m. - 4:30 p.m. ET
Prohibition of Collusion.  Applicants are reminded that Section 1.2105(c) of the Commission’s rules 
prohibits applicants for any of the same geographic license areas from communicating with each other 
about bids, bidding strategies, or settlements, which may include communications regarding the post-
auction market structure, unless they have identified each other on their short-form applications as parties 
with which they have entered into agreements under Section 1.2105(a)(2)(viii).20  In Auction No. 71, the 
  
18 Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 442-44.
19 Bidders must have sufficient bidding eligibility to place a bid on a given license.
20 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). See also Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 
439-42, for a discussion of the anti-collusion rules for Auction No. 71.  See Amendment of Part 1 of the 
Commission’s Rules – Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC 
8
rule applies to any applicants for licenses in the same BTA or MTA.  The rule also applies to applicants 
for licenses in overlapping BTAs and MTAs.  For example, one applicant that applied to bid for an MTA 
license and a second applicant that applied for a BTA license covering any area within that MTA will 
have applied for a license covering the same geographic area and is precluded from engaging in 
prohibited communications after the short-form application (FCC Form 175) deadline.  In addition, the 
rule precludes applicants that applied to bid for all licenses from communicating with all other applicants.  
Thus, applicants that have applied for the same or overlapping markets (unless they have identified each 
other on their short-form applications as parties with whom they have entered into agreements under 
Section 1.2105(a)(2)(viii)), may not discuss with each other their bids or bidding strategies relating to any 
license on which either is eligible to bid.  For Auction No. 71, this prohibition became effective at the 
short-form application filing deadline on Friday, March 16, 2007, and will end on the post-auction down 
payment deadline, which will be announced in a future public notice.21  This prohibition applies to all 
applicants regardless of whether such applicants became qualified bidders or actually bid.22  The 
prohibition continues for all applicants until the down payment deadline regardless of whether an 
applicant became a winning bidder and needs to make an additional payment by the down payment 
deadline.  
For purposes of this prohibition, Section 1.2105(c)(7)(i) defines “applicant” to include all officers and 
directors of the entity submitting a short-form application to participate in the auction, all controlling 
interests of that entity, as well as all holders of partnership and other ownership interests and any stock 
interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of 
the entity submitting a short-form application.23 If parties had agreed in principle on all material terms of 
a bidding agreement(s), 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 or communications prohibited by the anti-collusion 
rule.24  
Applicants competing for licenses for any of the same or overlapping geographic license areas must not 
communicate directly or indirectly about bids or bidding strategy.25  Applicants competing for licenses in
any of the same designated markets are encouraged not to use the same individual as an authorized 
     
Rcd 17546 (2001) (“Part 1 Seventh Report and Order”); see also id., Order on Reconsideration of the Third Report 
and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 
15297-98 ¶¶ 7-8 (2000).
21 47 C.F.R. § 1.2105(c)(1).
22 See, e.g., Star Wireless, LLC, Forfeiture Order, 19 FCC Rcd 18626 (EB 2004) (imposing forfeiture in the amount 
of $100,000 for violation of the anti-collusion rule, even though an applicant never made an upfront payment for the 
auction and was not listed as a qualified bidder); Northeast Communications of Wisconsin, LLC, Forfeiture Order, 
19 FCC Rcd 18635 (EB 2004) (imposing forfeiture in the amount of $100,000 for violation of the anti-collusion 
rule, even though the applicant never made an upfront payment for the auction and was not listed as a qualified 
bidder); Letter to Robert Pettit, Esq., from Margaret W. Wiener, 16 FCC Rcd 10080 (WTB Auc. Div. 2000) 
(declining to exempt an applicant’s controlling interest from coverage by the anti-collusion rule, even though the 
applicant never made an upfront payment for the auction and was not listed as a qualified bidder).
23 47 C.F.R. § 1.2105(c)(7)(i).
24 “Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,” Public Notice, 11 FCC 
Rcd 9645 (1995).
25 See Part 1 Seventh Report and Order, 16 FCC Rcd at 17549-50 ¶ 6.
9
bidder.26 A violation of the anti-collusion rule could occur if an individual acts as the authorized bidder 
for two or more competing applicants and conveys information concerning the substance of bids or 
bidding strategies between the bidders he or she is authorized to represent in the auction.  A violation 
could similarly occur if the authorized bidders are different individuals employed by the same 
organization (e.g., law firm or consulting firm).  In such a case, at a minimum, applicants should take 
precautionary steps to prevent communication between authorized bidders.27 However, the Bureau 
cautions that merely filing a certifying statement as part of the short-form application will not outweigh 
specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an 
investigation when warranted.28
We also expressly note for applicants that, in this limited information disclosure auction, public 
disclosure of information relating to bidder interests and bidder identities that is confidential in this 
auction at the time of disclosure may violate the anti-collusion rule.  Thus, communication by an 
applicant to another applicant for one or more of the same licenses of the applicant’s license selections on 
its short-form application, or of the fact that the applicant does or does not hold provisionally winning 
bids on particular licenses, may well violate the anti-collusion rule.  Bidders also should use caution in 
their dealings with other parties, such as members of the press, financial analysts, or others who might 
become a conduit for the communication of prohibited bidding information.  For example, where limited 
information disclosure procedures are in place, as in this auction, a qualified bidder’s statement to the 
press that it has lost bidding eligibility and stopped bidding in the auction could give rise to a finding of 
an anti-collusion rule violation.29  
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 
days of any substantial change that may be of decisional significance to that application.30 Thus, Section 
1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results
in a bidding agreement, arrangement, or understanding not already identified on their short-form 
applications to promptly disclose any such agreement, arrangement or understanding to the Commission 
by amending their pending applications.   
In addition, Section 1.2105(c)(6) requires all auction applicants to report any prohibited discussion or 
disclosure regarding bids or bidding strategy to the Commission in writing immediately, but in no case 
later than five business days after the communication occurs, even if the communication does not result in 
an agreement or understanding regarding bids or bidding strategy that must be reported under Section 
1.65.31
  
26 Auction No. 71 Procedures Public Notice, 22 FCC Rcd at 440.
27 See Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the 
Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 
11973, 11977 ¶ 11 (1998).
28 Id., 13 FCC Rcd at 11978 ¶ 13.
29 Cf. Wireless Telecommunications Bureau Responds to Questions About the Local Multipoint Distribution Service 
Auction, Public Notice, 13 FCC Rcd 341, 347-8 (1998) (“Public statements can give rise to collusion concerns.  
This has occurred in the antitrust context, where certain public statements can support other evidence which tends to 
indicate the existence of a conspiracy.”).  
30 47 C.F.R. § 1.65.
31 47 C.F.R. §§ 1.65, 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 ¶ 17.
10
Applicants that are 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, or
other agreements or arrangements relating to the competitive bidding process into which they have 
entered with any other party or parties.32 Any applicant found to have violated the anti-collusion rule may 
be subject to sanctions.33 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 an applicant 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.34
Submission of Auction-Related Filings. As noted above, applicants seeking to amend their short-form 
applications during the auction must make modifications to their short-form applications electronically 
and submit a letter, briefly summarizing the changes, by electronic mail to the attention of Margaret 
Wiener, Chief, Auctions and Spectrum Access Division, at the following address: auction71@fcc.gov.  
Parties wishing to submit requests, complaints, or other information concerning Auction No. 71 also 
should send a copy by electronic mail to the attention of Margaret Wiener, Chief, Auctions and Spectrum 
Access Division, at the following address: auction71@fcc.gov, in addition to following other procedures 
prescribed by the Commission’s rules.  The Commission occasionally receives complaints regarding 
certain bidders and requests to suspend bidding during an auction.  While the Commission reserves the 
right to take appropriate action during an auction to preserve the integrity of the auction process, it is 
generally our practice to address any such allegations only after the winning bidders have submitted their 
long-form applications, when there is greater opportunity for investigation of such allegations, if 
warranted. The Commission will not investigate any complaints or allegations that are not accompanied 
by full contact information, including name, address, and telephone number, for the complaining party or 
parties.  
Finally, parties wishing to make suggestions concerning Auction No. 71 or future auctions are encouraged 
to present such ideas using the suggestion feature of the FCC Auction System.  (As mentioned above, this 
feature is not an appropriate mechanism for posing time-sensitive questions that need an immediate
response.)  Commission staff considers all suggestions, but may not always provide an individualized 
response.  
Long-Form Applications. Within ten days after release of the auction closing notice, each winning 
bidder must electronically submit a properly completed long-form application (FCC Form 601), for each 
license that it won in Auction No. 71.35  Applicants that claim entrepreneur eligibility or eligibility to 
receive a small business or very small business bidding credit should be aware that, following the auction, 
they will be subject to more extensive reporting requirements contained in the Commission’s Part 1 
ownership disclosure rule.36 In addition, applicants with foreign ownership interests will be required to 
comply with 47 U.S.C. § 310(b) at the long-form application stage.  Further filing instructions will be 
provided to auction winners at the close of the auction.37  
  
32 See 47 C.F.R. § 1.2107(d).
33 See 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d). 
34 See 47 C.F.R. § 1.2109(d).
35 See 47 C.F.R. § 1.2107.
36 See 47 C.F.R. § 1.2112(b).
37 See 47 C.F.R. §§ 1.2107, 1.2109(a).
11
For additional information regarding this public notice, please contact:
Auctions and Spectrum Access Division, Wireless Telecommunications Bureau:
For auction procedure, bidding and general information questions:  
Roy Knowles or Lisa Stover at (717) 338-2868
For auction legal questions:  
Stephen Johnson at (202) 418-0660
Mobility Division, Wireless Telecommunications Bureau:
For legal and service rule questions: 
Michael Connelly (legal) or Keith Harper (technical) at (202) 418-0620
For technical questions about software or hardware, please contact FCC Technical Support at (877) 480-
3201, option nine; (202) 414-1250; or (202) 414-1255 (TTY).   
- FCC -