PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 445 12th St., S.W. Internet: http://www.fcc.gov Washington, D.C. 20554 TTY: 1-888-835-5322 DA 08-1579 July 7, 2008 AUCTION OF AWS-1 AND BROADBAND PCS LICENSES Status of Short-Form Applications to Participate in Auction 78 Report No. AUC-08-78-C (Auction 78) 1. The Wireless Telecommunications Bureau (“Bureau”) has accepted for filing 30 short-form applications (FCC Forms 175) to participate in the upcoming auction of Advanced Wireless Services (“AWS”) and broadband Personal Communications Service (“PCS”) licenses. This auction, which is designated as Auction 78, is scheduled to begin on Wednesday, August 13, 2008.1 Auction 78 will offer 55 licenses: 35 licenses in the AWS 1710-1755 MHz and 2110-2155 MHz bands (“AWS-1”) and 20 broadband PCS licenses. This Public Notice announces the status of applications received for Auction 78 and provides other important information and reminders relating to the auction. I. SHORT-FORM APPLICATIONS AND UPFRONT PAYMENTS A. Status of Short-Form Applications 2. The short-form applications for Auction 78 have been reviewed for completeness and compliance with the Commission’s rules, and have been classified into the categories listed below. Complete .......................................................................... 17 applications Incomplete........................................................................ 13 applications 3. Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 78 that are complete and have been accepted for filing.2 These applicants will become 1 See “Auction of AWS-1 and Broadband PCS Licenses Rescheduled for August 13, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 78,” Public Notice, DA 08-1090 (May 16, 2008) (“Auction 78 Procedures Public Notice”). We note that MetroPCS Communications, Inc. has filed a petition requesting reconsideration of certain aspects of the Auction 78 Procedures Public Notice. See Petition for Reconsideration of MetroPCS Communications, Inc., AU Docket No. 08-46 (filed June 30, 2008). This petition will be addressed separately. 2 Designation of an application as accepted for filing indicates that the applicant has provided the certifications and basic information concerning its qualifications as required by our competitive bidding rules for participation in the auction. The Bureau notes that 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 2 qualified bidders in Auction 78 upon receipt of the required upfront payment by 6:00 p.m. ET on Thursday, July 17, 2008.3 Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission’s rules.4 4. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 78 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make the required upfront payments by 6:00 p.m. ET on Thursday, July 17, 2008; and (2) resubmit their applications, having corrected the deficiencies indicated, prior to 6:00 p.m. ET on Thursday, July 17, 2008.5 Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission’s rules.6 5. The filing window for resubmitting Auction 78 short-form applications is now open. Corrected applications must be filed prior to 6:00 p.m. ET on Thursday, July 17, 2008. This will be the only opportunity to cure application defects. Late resubmissions will not be accepted. If an application is incomplete or otherwise deficient after the resubmission deadline has passed, the applicant will not be permitted to participate in bidding. B. Upfront Payments 6. Upfront payments and accompanying FCC Remittance Advice forms (FCC Form 159) for Auction 78 are due in the proper account at Mellon Bank, Pittsburgh, Pennsylvania, by 6:00 p.m. ET on Thursday, July 17, 2008.7 In order to meet the Commission’s upfront payment deadline, an applicant’s Commission license and, if a bidding credit and/or entrepreneur status is requested, its eligibility for the bidding credit requested and/or entrepreneur status. 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). 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 of entitlement to a bidding credit and/or entrepreneur status. 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 See 47 C.F.R. § 1.2106. 4 See 47 C.F.R. § 1.65. Section 1.65 requires applicants to report any changes of decisional significance to their applications “as promptly as possible.” With respect to short-form applications or any other auction-related matters, applicants must amend their short-form applications no later than ten business days from the occurrence of a reportable change. The Bureau believes that this requirement is reasonable in the context of an auction where time periods are much shorter than most other Commission proceedings. See also 47 C.F.R. § 1.2105 (c)(6) (any applicant that makes or receives a prohibited communication must report such communication in writing to the Commission no later than five business days after the communication occurs). 5 See 47 C.F.R. §§ 1.2105(b), 1.2106. 6 See 47 C.F.R. § 1.65. See also 47 C.F.R. § 1.2105. 7 While upfront payments must be submitted to Mellon Bank pursuant to the instructions contained in this Public Notice, applicants are advised that any post-auction payments must be submitted to a different banking institution. Additional information on post-auction payments will be provided in the public notice announcing the close of Auction 78. 3 payment must be credited to the Commission’s account by the deadline.8 Payments must be made by wire transfer only in accordance with the instructions provided in the Auction 78 Procedures Public Notice.9 No other payment method is acceptable for this auction.10 Applicants are reminded to provide their FCC Registration Number (“FRN”) on the FCC Form 159 and to submit the same FRN with all future payments for Auction 78. At least one hour before placing the order for the wire transfer (but on the same business day), applicants must fax a completed FCC Form 159 (revised February 2003) to Mellon Bank at (412) 209-6045. 7. Applicants that have filed applications deemed to be incomplete or otherwise deficient, as noted in Attachment B to this Public Notice, must submit timely and sufficient upfront payments before the Commission will review their resubmitted applications. If no upfront payment is made, or the application is incomplete or otherwise deficient following its resubmission, the applicant will not be eligible to bid. 8. Applicants are responsible for obtaining confirmation from their financial institution that Mellon Bank has timely received their upfront payment and deposited it in the proper account. The Bureau reminds applicants that they should discuss arrangements (including transfer times and bank closing schedules) with their financial institution several days before making the wire transfer so as to avoid untimely upfront payments. Applicants should allow sufficient time for the transfer to be initiated and completed before the deadline. Detailed information regarding upfront payments, including additional requirements for “former defaulters,” can be found in the Auction 78 Procedures Public Notice under Section II.G. and Section III.D.11 C. Short-Form Application Changes and Resubmission 9. Applicants whose applications for Auction 78 have been identified as incomplete must address defects in their applications during the resubmission window (which is now open and closes prior to 6:00 p.m. ET on Thursday, July 17, 2008).12 The Bureau is sending a letter to each applicant whose application has been deemed incomplete identifying the deficiencies found during the staff’s initial review of the application. These deficiency letters are being sent via overnight delivery to the contact person listed on each incomplete application. 10. During this resubmission window, all applicants may make other minor changes as described below in more detail. We remind applicants that Section 1.65 of the Commission’s rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending short-form 8 See Letter from Margaret W. Wiener, Chief, Auctions and Industry Analysis Div., to Patrick Shannon, Esq., Counsel for Lynch 3G Communications Corp., 18 FCC Rcd 11,552 (2003) (finding that an applicant had failed to timely submit its upfront payment when the payment was received by the Commission’s bank before the applicable deadline, but not credited to the Commission’s account until after the deadline due to an error of the applicant’s bank). 9 See Auction 78 Procedures Public Notice at ¶¶ 131-34. A wire transfer is a transaction that you initiate through your bank. It authorizes your bank to wire funds from your account to our lockbox bank, the Mellon Bank in Pittsburgh, Pennsylvania. Additional information on wire transfers is available on the Commission’s web site at http://www.fcc.gov/fees/wiretran.html. 10 The Commission will not accept checks, credit cards, or automated clearing house (“ACH”) payments. 11 See Auction 78 Procedures Public Notice at ¶¶ 107-11 and ¶¶ 130-44. 12 47 C.F.R. § 1.2105(b)(2). 4 application.13 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. Applicants must modify their short- form application electronically. Applicants seeking to report changes outside of those time periods in which short-form applications are accessible electronically must 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: auction78@fcc.gov. Questions about changes should be directed to the Auctions and Spectrum Access Division at (202) 418-0660. 11. The electronic Form 175 will not permit an applicant to make certain modifications to its application (e.g., changes to applicant’s name, legal classification, license selections or certifying official, or changes in its bidding credit or entrepreneur status).14 Administrative and minor changes can be made, including, for example, deletion and addition of authorized bidders (to a maximum of three), revision of addresses and telephone numbers of the applicants and their contact persons, and changes to responsible party. In addition, changes can be made to ownership and agreement information.15 We remind applicants that any application changes must comply with the Commission’s rules, which prohibit, among other things, changes in ownership that would constitute an assignment or transfer of control, as well as changes in ownership or disclosure of agreements that would constitute violations of the anti-collusion rule.16 If any application is changed to effect a major amendment, such as a change in control, the applicant will be ineligible to bid in the auction. II. OTHER IMPORTANT AUCTION 78 INFORMATION 12. Qualified Bidders. Approximately two weeks after the upfront payment deadline, following Commission review of resubmitted short-form applications, and correlation of payments and applications, a public notice listing all applicants qualified to bid in Auction 78 will be released. The same public notice will also include bidding schedules for both the mock auction and the first day of bidding. 13. Due Diligence. Potential bidders are solely responsible for investigating and evaluating all technical and marketplace factors that may have a bearing on the value of the licenses being offered in Auction 78. The Commission makes no representations or warranties about the use of this spectrum for particular services. We strongly encourage potential bidders to conduct their own research prior to the beginning of bidding in order to determine the existence of pending proceedings, pleadings, applications, or authorizations that might affect their decisions regarding participation in the auction. Participants should continue such research throughout the auction. In addition, potential bidders should perform technical analyses sufficient to assure themselves that, should they prevail in competitive bidding for a 13 47 C.F.R. § 1.65. See also 47 C.F.R. § 1.2105. 14 47 C.F.R. § 1.2105(b). The Commission’s electronic Form 175 is designed to prevent inadvertent major changes by applicants. Therefore, applicants are not permitted to make changes to the following data fields at this time: applicant name, legal classification, certifier, bidding credit, entrepreneur status, and license selection. 15 For more information on making administrative changes to an existing application, see “Updating Existing Applications.” See Auction 78 Procedures Public Notice, Attachment C at C-12 - C-13. During the resubmission phase, applicants will have electronic access to update the following application fields: jurisdiction of formation/country of citizenship, applicant address, responsible party information, responsible party address, contact information, contact address, authorized bidder information, bidding option (telephonic or electronic), agreement information, and ownership information. During all phases of the application process, applicants have electronic access to make certain administrative changes including updates to: applicant address, responsible party address, contact information, contact address, and bidding option (telephonic or electronic). 16 See 47 C.F.R. § 1.2105. 5 specific license, they will be able to build and operate facilities that will comply fully with the Commission's technical and legal requirements. For further details regarding due diligence, please refer to the Auction 78 Procedures Public Notice under Section I.C.4.17 14. Prohibition of Collusion. We remind applicants that Section 1.2105(c) of the Commission’s rules prohibits applicants for licenses in any of the same or overlapping geographic 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).18 The anti-collusion prohibition applies to applicants that selected licenses in the same or overlapping markets even if the licenses are not in the same radio service. For example, an applicant that selected an AWS-1 Economic Area (“EA”) license and another applicant that selected a broadband PCS Basic Trading Area (“BTA”) license within that EA are prohibited from discussing bids, bidding strategies, or settlements (including communications regarding the post-auction market structure) with each other unless both parties identify the other on their short-form applications.19 15. The collusion prohibition is effective as of the short-form application filing deadline, which for Auction 78 was June 19, 2008 at 6:00 p.m. ET, and extends until the post-auction down payment deadline, which will be announced in a public notice released shortly following close of bidding.20 The prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid.21 16. We also emphasize that, for purposes of this prohibition, an “applicant” includes all officers and directors of the entity submitting a short-form application, all controlling interests of that entity, and 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 17 See Auction 78 Procedures Public Notice at ¶¶ 51-61. 18 47 C.F.R. §§ 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission’s Rules — Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17,546 (2001) (“Part 1 Seventh Report and Order”); Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15,293, 15,297-98 ¶¶ 7-8 (2000). 19 For a more detailed discussion of anti-collusion considerations in the context of Auction 78, see Auction 78 Procedures Public Notice at ¶¶ 19-43. See also “Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,” Public Notice, 11 FCC Rcd 9645 (1995) (“Anti-Collusion Public Notice”). 20 47 C.F.R. § 1.2105(c)(1). 21 For example, the Commission imposed a 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. See Northeast Communications of Wisconsin, LLC, Forfeiture Order, 19 FCC Rcd 18,635 (2004). The Commission subsequently reduced the amount of the forfeiture to $75,000 on account of the parties’ history of compliance with Commission rules. See Star Wireless, LLC and Northeast Communications of Wisconsin, Inc., Order on Review, 22 FCC Rcd 8943 (2007). The United States District Court for the Eastern District of Wisconsin recently granted summary judgment in favor of the United States pursuant to an effort by the Department of Justice to enforce the forfeiture. United States v. Northeast Communications of Wisconsin, LLC, Decision and Order, Case No. 07-C-715 (June 25, 2008). See also Letter to Robert Pettit, Esq., from Margaret W. Wiener, Chief, Auctions and Industry Analysis Div., 16 FCC Rcd 10,080 (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). 6 application.22 Thus, for example, a violation of the anti-collusion rule could occur when an individual serves as an officer and/or director for two or more competing applicants that have not disclosed an agreement on both short-form applications.23 Therefore, applicants should continue to take precautionary steps to prevent prohibited communications between any of the entities or persons described covered by the prohibition.24 17. We also reiterate that applicants were required to disclose agreements relating to the licenses being auctioned even if the agreement had not been reduced to writing so long as the parties had agreed in principle on all material terms.25 If parties had not agreed in principle by the short-form application filing deadline, negotiations between applicants that selected the same or overlapping markets must have ceased as of June 19, 2008 at 6:00 pm ET.26 If communications occurred after the deadline, applicants must report the prohibited discussions or disclosures to the Commission in writing immediately, but in no case later than five business days after the communication occurs.27 18. Anonymous Bidding. We remind applicants that, under the anonymous bidding procedures in effect for Auction 78, the Commission is withholding from public release, until after the close of the auction, any information that may indicate specific applicants’ interests in the auction – including, among other things, license selections, upfront payments and eligibility information – and the identities of bidders making bids or taking other bidding-related actions. Accordingly, communication to other applicants or public disclosure of such non-public information would appear to violate the Commission’s anonymous bidding procedures and the anti-collusion rule.28 19. This prohibition would include communication of any such non-public information by an applicant to the public, financial analysts, or the press, as well as any such communication by an applicant to another applicant for one or more licenses covering geographic areas also covered by the applicant’s license selections on its short-form application.29 Examples of communications raising concern, given the 22 47 C.F.R. § 1.2105(c)(7)(i). 23 See Lotus Communications Corporation, Order, DA-08-1364 (rel. Jun 9, 2008); Letter to Colby M. May from Barbara A. Kreisman and Margaret W. Wiener, 20 FCC Rcd 14,648 (2005) (finding apparent violation of anti- collusion rule where applicants with mutually exclusive applications reported sharing same individual as an officer and director and reported no agreement). 24 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, DA 98-1137, 13 FCC Rcd 11,973, 11,977 ¶ 11 (1998). The Bureau cautions, however, that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. Id. at 11,977-78 ¶ 13. 25 Auction 78 Procedures Public Notice at ¶ 35. 26 Id. See also Anti-Collusion Public Notice, 11 FCC Rcd at 9645. 27 See 47 C.F.R. § 1.2105(c)(6). See also paras. 20-21 below. 28 See Auction 78 Procedures Public Notice at ¶¶ 164-66. 29 The Commission has long expressed the concern that applicants 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 non-public information relating to auctions, such as bids and bidding strategies. 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 7 anonymous bidding procedures in effect for Auction 78, would include an applicant’s statement to the press about its upfront payment or bidding eligibility, and an applicant’s statement to the press that it is or is not interested in bidding in the auction. 20. Because anonymous bidding procedures are in place for Auction 78, applicants’ license selections will not be disclosed publicly until after the auction closes. Therefore, the Bureau is sending each applicant a letter identifying those applicants that have applied for licenses in any of the same or overlapping geographic areas as those selected by the applicant.30 21. Disclosure Obligations and Possible Sanctions. Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that may themselves be prohibited, and that result in an 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.31 In addition, Section 1.2105(c)(6) requires all auction applicants to report prohibited discussions or disclosures 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 1.65.32 22. Parties reporting communications must take care to ensure that any such reports of prohibited communications do not themselves give rise to a violation of the anti-collusion rule. For example, a party’s report of a prohibited communication could violate the rule by communicating prohibited information to other applicants through the use of Commission filing procedures that would allow such materials to be made available for public inspection. A party seeking to report such prohibited communications should consider submitting its report with a request that the report or portions of the submission be withheld from public inspection.33 Such parties are also encouraged to consult with the Auctions and Spectrum Access Division staff if they have any questions about the procedures for submitting such reports.34 The Auction 78 Procedures Public Notice provides additional guidance on procedures for submitting application-related information.35 occurred in the antitrust context, where certain public statements can support other evidence which tends to indicate the existence of a conspiracy.”). 30 See Auction 78 Procedures Public Notice at ¶ 163. 31 See Part 1 Seventh Report and Order, 16 FCC Rcd at 17,550-51 ¶ 9. 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 substantive change that may be of decisional significance to that application. 47 C.F.R. § 1.65. 32 47 C.F.R. § 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17,555 ¶ 17. 33 See 47 C.F.R. § 0.459 (procedures for requesting that materials or information submitted to the Commission be withheld from public inspection). If an applicant requests confidential treatment of a document, the cover page of the filing must prominently display that the applicant is seeking confidential treatment for that document. For example, a filing might include a cover page stamped with “Request for Confidential Treatment Attached” or “Not for Public Inspection.” Any such request must cover all of the material to which the request applies. See 47 C.F.R. § 0.459(a). 34 See Section III. “Contact Info” below. 35 See Auction 78 Procedures Public Notice at ¶¶ 113-18. 8 23. 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 entered into relating to the competitive bidding process.36 Any applicant found to have violated the anti-collusion rule may be subject to sanctions.37 In addition, we remind applicants 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.38 24. Ex Parte Rule. Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule found in Section 1.1208 of the Commission’s rules.39 25. Mock Auction. All applicants found to be qualified bidders will be eligible to participate in a mock auction on Monday, August 11, 2008. The Bureau encourages all qualified bidders to take advantage of this opportunity to become familiar with the FCC’s Integrated Spectrum Auction System (“ISAS” or “FCC Auction System”). In the public notice announcing the qualified bidders, the Bureau will announce the bidding schedule for the mock auction. The mock auction will be conducted over the Internet, and telephonic bidding will be available as well. 26. Electronic Bidding. Applicants are reminded that qualified bidders are eligible to bid either electronically or telephonically. Applicants should specify their bidding preference on the FCC Form 175, if they have not already done so. 27. Bidders can access the FCC Auction System over the Internet. Access to the system via the Internet requires, at a minimum, the following software: · Web Browser, either of the following: v Microsoft® Internet Explorer 6.0 or higher (recommended). Your browser must have either Microsoft VM or Java Plug-In Version 1.5 installed. v Mozilla® Firefox® 2.0 or higher, with Java Plug-In Version 1.5. To obtain Java Plug-In Version 1.5, point your browser at http://java.sun.com/javase/downloads/index_jdk5.jsp and click the Download button for the Java Runtime Environment (JRE) 5.0 option. · PDF Viewer: Adobe Acrobat Reader 5.0 or higher (available at http://www.adobe.com) · Minimum Screen Resolution: 1024 x 768 36 See 47 C.F.R. § 1.2107(d). 37 See 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d). 38 47 C.F.R. § 1.2109(d). 39 See 47 C.F.R. § 1.1208. See also “Commission Announces that Mutually Exclusive ‘Short-Form’ Applications (Form 175) to Participate in Competitive Bidding Process (‘Auctions’) Are Treated as Exempt for Ex Parte Purposes,” Public Notice, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. § 1.1202(d)(1) Note 1. 9 28. Currently, the Apple® Mac OS® is not supported. 29. Post-Auction Procedures. Shortly after bidding has ended, the Commission will issue a public notice declaring the auction closed, identifying the winning bidders, and establishing the deadlines for submitting down payments and final payments.40 Winning bidders will be subject to the more extensive reporting requirements contained in the Commission’s Part 1 ownership disclosure rules and will be required to submit a completed long-form application (FCC Form 601) and ownership disclosure information report (FCC Form 602).41 III. CONTACT INFORMATION 30. For specific questions about an applicant’s incomplete status, the applicant should contact the staff reviewer identified in the correspondence sent to the applicant by overnight mail. 31. For further information concerning Auction 78, contact: General Auction 78 Information FCC Auctions Hotline General Auction Questions (888) 225-5322, option two; or Auction Process and Procedures (717) 338-2868 Hours of service: 8:00 a.m. – 5:30 p.m. ET, Monday through Friday Auctions and Spectrum Access Division Jeff Crooks at (202) 418-2074 Lisa Stover at (717) 338-2868 FCC Auction System Information FCC Technical Support Hotline (877) 480-3201, option nine; or (202) 414-1250 or (202) 414-1255 (TTY) Hours of service: 8:00 a.m. – 6:00 p.m. ET, Monday through Friday All calls to the FCC Technical Support Hotline are recorded. Auction 78 Legal Information Auction Rules, Policies, Regulations Auctions and Spectrum Access Division (202) 418-0660 Scott Mackoul or Stephen Johnson Auction Payments Instructions for Wiring Upfront Payments Auctions Accounting Group (202) 418-0578 Gail Glasser 40 For more detail, see Auction 78 Procedures Public Notice at ¶¶ 232-39. 41 See 47 C.F.R. §§ 1.2107, 1.2112(b)(2). 10 Broadband PCS Licensing Information Mobility Division (202) 418-0620 Service Rules, Policies, Regulations Licensing Issues, Engineering Issues Due Diligence, Incumbency Issues Erin McGrath AWS-1 Service Licensing Information Broadband Division (202) 418-2487 Service Rules, Policies, Regulations Licensing Issues, Engineering Issues Due Diligence, Incumbency Issues John Spencer 32. To request materials in accessible formats (Braille, large print, electronic files, audio format) for people with disabilities, send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY). - FCC -