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 08-2150 September 30, 2008 Auction of LPTV and TV Translator Digital Companion Channels Status of Short-Form Applications to Participate in Auction 85; Removal of MX Group from Auction Inventory Report No. AUC-08-85-G (Auction 85) 1. The Wireless Telecommunications Bureau (“WTB”) and the Media Bureau (“MB”) (collectively the “Bureaus”) have accepted for filing 68 short-form applications (FCC Forms 175) to participate in the upcoming auction of construction permits for Low Power Television (LPTV), including Class A Television (TV), and TV Translator digital companion channels. This auction, which is designated as Auction 85, is scheduled to begin on Wednesday, November 5, 2008.1 Auction 85 will offer 43 construction permits for specified LPTV, including Class A TV, and TV Translator digital companion channels. The construction permits to be auctioned are the subjects of pending mutually exclusive engineering proposals. This Public Notice announces the status of applications received for Auction 85, removes one group of mutually-exclusive proposals (“MX group”) from the auction inventory, 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 85 have been reviewed for completeness and compliance with the Commission’s rules, and have been classified into the categories listed below. Complete .......................................................................... 35 applications Incomplete........................................................................ 33 applications Rejected................................................................................1 application 3. Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 85 that are complete.2 These applicants will become qualified bidders in Auction 85 upon 1 See “Auction of LPTV and TV Translator Digital Companion Channels Scheduled for November 5, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 85,” Public Notice, DA 08-1944 (September 2, 2008) (“Auction 85 Procedures Public Notice”). 2 Designation of an application as complete 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 2 receipt of the required upfront payment by 6:00 p.m. Eastern Time (ET) on Friday, October 10, 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 85 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 Friday, October 10, 2008; and (2) resubmit their applications, having corrected the deficiencies indicated, prior to 6:00 p.m. ET on Friday, October 10, 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 85 short-form applications is now open. Corrected applications must be filed prior to 6:00 p.m. ET on Friday, October 10, 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. 6. Rejected Application/Removal of MX Group. The engineering proposal of Rafael Fernandez for a digital companion channel on channel 44 at Ellensburg, Washington, is returned as unacceptable for filing because his noncommercial educational (“NCE”) proposal was mutually exclusive auction. The Bureaus note 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 Commission license or permit and, if a bidding credit is requested, its eligibility for the bidding credit requested. 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 permit or of entitlement to a bidding credit. In the event that an applicant is found unqualified to be a Commission licensee or permittee 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 Bureaus believe 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. 3 with a proposal by an applicant for a commercial facility.7 For this reason, Mr. Fernandez’s application is returned, and he will not be permitted to participate in this auction.8 B. Upfront Payments 7. Upfront payments and accompanying FCC Remittance Advice forms (FCC Form 159) for Auction 85 are due by 6:00 p.m. ET on Friday, October 10, 2008. In order to meet the Commission’s upfront payment deadline, an applicant’s payment must be credited to the Commission’s account by the deadline.9 Payments must be made by wire transfer only in accordance with the instructions provided in the Auction 85 Procedures Public Notice.10 No other payment method is acceptable for this auction.11 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 85. 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 July 2005) to U.S. Bank at (314) 418-4232. 8. Applicants are responsible for obtaining confirmation from their financial institution that the Commission has timely received their upfront payment and deposited it in the proper account. The Bureaus remind 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 85 Procedures Public Notice under Section III.C.12 9. 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 7 See 47 C.F.R. § 73.5002(b); see also Reexamination of the Comparative Standard for Noncommercial Educational Applicants, MM Docket No. 95-31, Second Report and Order, 18 FCC Rcd 6691, 6700 ¶¶ 21-22 (2003), reconsideration order adopted. 8 Applications for noncommercial educational (NCE) broadcast stations on nonreserved spectrum, filed during a filing window, will be returned as unacceptable for filing if mutually exclusive with any application for a commercial station. The Commission has determined that short-form applicants that do not identify on their FCC Form 175 the proposed station’s programming as noncommercial educational will be considered, as a matter of law, applicants for commercial broadcast stations. Id., 18 FCC Rcd at 6700 ¶¶ 21-22. The remaining engineering proposal for Ellensburg, Washington, in MX Group MX291, now has become a singleton proposal. The Kittitas County TV Improvement District # 1 will be sent a letter in the near future about its singleton proposal. 9 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 (Auc. Div. 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). 10 See Auction 85 Procedures Public Notice at ¶¶ 47-58. A wire transfer is a transaction that you initiate through your bank. It authorizes your bank to wire funds from your account to the Commission’s account. Additional information on wire transfers is available on the Commission’s web site at http://www.fcc.gov/fees/wiretran.html. 11 The Commission will not accept checks, credit cards, or automated clearing house (“ACH”) payments. 12 See Auction 85 Procedures Public Notice at ¶¶ 47-60. 4 application is incomplete or otherwise deficient following its resubmission, the applicant will not be eligible to bid. C. Short-Form Application Changes and Resubmission 10. Applicants whose applications for Auction 85 have been identified as incomplete must address defects in their applications during the resubmission window (which is now open and closes at 6:00 p.m. ET on Friday, October 10, 2008).13 The Bureaus are 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 and contact address listed on each incomplete application. 11. 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 application.14 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: auction85@fcc.gov. Questions about changes should be directed to the Auctions and Spectrum Access Division at (202) 418-0660. 12. 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, permit selections or certifying official, or changes in its bidding credit).15 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.16 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.17 If any 13 47 C.F.R. § 1.2105(b)(2). 14 47 C.F.R. § 1.65. See also 47 C.F.R. § 1.2105. 15 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, and permit selection. 16 For more information on making administrative changes to an existing application, see “Minor Modifications to Short-Form Applications” and “Maintaining Current Information in Short-Form Applications” in the Auction 85 Procedures Public Notice, ¶¶ 34- 41. 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). 17 See 47 C.F.R. § 1.2105. 5 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 85 INFORMATION 13. 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 85 will be released.18 The same public notice will also include bidding schedules for both the mock auction and the first day of bidding. 14. 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 broadcast facilities being offered in Auction 85. The Commission makes no representations or warranties about the use of this spectrum for particular services. The inclusion of an engineering proposal in the Auction 85 inventory does not mean that the proposal can be implemented. The Commission has reviewed engineering proposals only for the limited purpose of determining MX, and has not made any determinations as to their grantability. 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. For example, the Commission is now considering adoption of an order that would address issues with respect to the low power television digital transition.19 We also reminded bidders in the Auction 85 Procedures Public Notice that the Commission recently lifted the freeze on the filing of applications for displacement relief and major changes for Class A stations.20 In addition, Auction 85 applicants should also note that, in MB Docket 07-294, the Commission sought comment on a proposal by Mullaney Engineering, Inc., to reallocate TV Channels 5 and 6 for FM broadcasting.21 In that proceeding, the Broadcast Maximization Committee (BMC) filed a request to adopt a freeze on the filing of applications and rule making petitions to utilize television Channels 5 and 6 pending the outcome of the proceeding.22 BMC has also filed a request to remove MX Group 283 from Auction 85, arguing that such action is necessary to ensure that channels 5 and 6 remain available for future FM use as proposed in MB Docket 07-294.23 These matters are pending before the Commission. Participants should continue such research throughout the auction. In addition, potential bidders should perform technical analyses sufficient to assure themselves that, 18 In Auction 85, when two or more short-form applications (FCC Forms 175) are accepted for filing that have engineering proposals included within the same mutually-exclusive (MX) group, mutual exclusivity exists for auction purposes. Once mutual exclusivity exists for auction purposes, an applicant with an engineering proposal within that MX group must submit a bid in order to obtain the construction permit for that MX group. 19 See “FCC Announces Tentative Agenda for October 15th Open Meeting,” News Release (rel. Sept 25, 2008). The Commission initially adopted rules concerning the digital transition of these services in 2004. See Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, Report and Order, 19 FCC Rcd 19331 (2004), recons. pending. 20 Auction 85 Procedures Public Notice at n.52; see also “Commission Lifts the Freeze on the Filing of Certain Class A Television Applications Effective August 4, 2008,” Public Notice, DA 08-1644 (rel. July 14, 2008). 21 See Promoting Diversification of Ownership In the Broadcasting Services, Report and Order and Third Further Notice of Proposed Rule Making, FCC 07-217, ¶ 100 (rel. March 5, 2008). 22 See BMC’s “Request for Filing Freeze” filed August 29, 2008 in MB Docket No. 07-294. 23 See BMC’s “Request for Removal of MX Group 283” filed September 10, 2008 in AU Docket No. 08-22. 6 should they prevail in competitive bidding for a specific construction permit, 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 85 Procedures Public Notice under Section I.B.3.24 15. Prohibition of Collusion. The Bureaus remind applicants that Sections 1.2105(c) and 73.5002(d) of the Commission’s rules prohibit applicants 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).25 The anti-collusion prohibition applies to applicants in this auction with an engineering proposal within the same mutually- exclusive (MX) group. An applicant is prohibited from communicating not only about its own bid or bidding strategy, but also from communicating about another applicant’s bid or bidding strategy. Moreover, if two applicants are mutually-exclusive in one MX group, these two applicants must not communicate about a bid, bidding strategy, or settlement for any MX group.26 16. The collusion prohibition is effective as of the short-form application filing deadline, which for Auction 85 was June 30, 2006, 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.27 The prohibition applies to all applicants regardless of whether such applicants become qualified bidders, submit an upfront payment, or actually bid.28 17. 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 24 See Auction 85 Procedures Public Notice at ¶¶ 19-25. 25 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). 26 For a more detailed discussion of anti-collusion considerations in the context of Auction 85, see Auction 85 Procedures Public Notice at ¶¶ 8-18. See also “Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,” Public Notice, 11 FCC Rcd 9645 (1995) (“Anti-Collusion Public Notice”). 27 47 C.F.R. § 1.2105(c)(1). 28 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), review denied, Star Wireless, LLC v. FCC, 522 F.3d 469 (D.C. Cir. 2008) (anti-collusion rule applies to applicants regardless of whether they are qualified to bid). 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 (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). 7 application.29 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.30 Therefore, applicants should continue to take precautionary steps to prevent prohibited communications between any of the entities or persons described covered by the prohibition.31 18. 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.32 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 1.65.33 The Commission has clarified that each applicant’s obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period.34 19. 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.35 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.36 Such parties are also encouraged to consult with the 29 47 C.F.R. § 1.2105(c)(7)(i). 30 See Lotus Communications Corporation, Order, DA-08-1364 (WTB rel. Jun 9, 2008); Letter to Colby M. May from Barbara A. Kreisman and Margaret W. Wiener, 20 FCC Rcd 14,648 (Video & Auc. Divs. 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). 31 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 (WTB 1998). The Bureau cautioned 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. 32 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. 33 47 C.F.R. § 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17,555 ¶ 17. 34 See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132, 22 FCC Rcd 15,289, 15,403-04 ¶¶ 285-86 (2007). 35 Auction 85 Procedures Public Notice at ¶ 17. 36 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 8 Auctions and Spectrum Access Division staff if they have any questions about the procedures for submitting such reports.37 The Auction 85 Procedures Public Notice provides additional guidance on procedures for submitting application-related information.38 20. 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.39 Any applicant found to have violated the anti-collusion rule may be subject to sanctions.40 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.41 21. 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.42 22. Mock Auction. All applicants found to be qualified bidders will be eligible to participate in a mock auction on Monday, November 3, 2008. The Bureaus encourage 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 Bureaus 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. 23. 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. 24. 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: 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). 37 See Section III. “Contact Info” below. 38 See Auction 85 Procedures Public Notice at ¶¶ 34-41. 39 See 47 C.F.R. § 1.2107(d). 40 See 47 C.F.R. §§ 1.2105(c), 1.2107(d), and 1.2109(d). 41 47 C.F.R. § 1.2109(d). 42 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 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 25. Currently, the Apple® Mac OS® is not supported. 26. 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.43 Winning bidders must submit electronically a properly completed long-form application (FCC Forms 301-CA or 346) and required exhibits for each construction permit won through Auction 85. Further filing instructions will be provided to auction winners at the close of the auction. III. CONTACT INFORMATION 27. 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. 28. For further information concerning Auction 85, contact: General Auction 85 Information General Auction Questions Auction Process and Procedures FCC Auctions Hotline (888) 225-5322, option two; or (717) 338-2868 Hours of service: 8:00 a.m. – 5:30 p.m. ET, Monday through Friday Auctions and Spectrum Access Division (202) 418-0660 Roy Knowles or Linda Sanderson 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. 43 For more detail, see Auction 85 Procedures Public Notice at ¶¶ 111-120. 10 Auction 85 Legal Information Auction Rules, Policies, Regulations Auctions and Spectrum Access Division (202) 418-0660 Lynne Milne Howard Davenport Auction Payments Instructions for Wiring Upfront Payments Auctions Accounting Group (202) 418-0578 Gail Glasser Licensing Information Service Rules, Policies, Regulations Licensing Issues, Engineering Issues Due Diligence, Incumbency Issues Video Division (202) 418-1600 Shaun Maher or Hossein Hashemzadeh 29. 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–