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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE:  News  Media  Contact:  November  14,  2002  Lauren  Kravetz  Patrich  at  (202)  418-  7944 
 e-  mail:  lkravetz@  fcc.  gov 


 FCC  ADOPTS  ORDER  GRANTING  RELIEF  TO  ELIGIBLE  AUCTION  NO.  35  BIDDERS 
 Washington,  DC  –  The  FCC  today  announced  that  eligible  Auction  No.  35  winning  bidders  that  request  dismissal  of  their  pending  applications  will  be  relieved  of  their  bid  obligations  and  receive  a  full 
 refund  of  their  deposits. 
 The  relief  granted  today  applies  only  to  Auction  No.  35  winning  bidders  of  licenses  for  C  and  F  block  Personal  Communications  Services  spectrum  that  had  previously  been  licensed  to  NextWave 
 Personal  Communications  Inc.,  NextWave  Power  Partners  Inc.,  or  Urban  Comm-  North  Carolina,  Inc. 
 On  March  26,  2002,  the  Commission  adopted  an  Order  refunding  approximately  $2.8  billion  to  the  Auction  No.  35  winning  bidders  that  had  not  yet  received  their  licenses,  but  it  retained  an  amount 
 equal  to  three  percent  of  the  net  winning  bids  for  these  licenses  and  maintained  the  pending  status  of  the  applications  for  these  licenses.  On  September  12,  2002,  the  Commission  issued  a  Public  Notice  asking 
 for  comment  on  possible  options  for  further  action  concerning  the  pending  license  applications. 
 In  an  Order  adopted  today,  the  Commission  announced  it  will  waive  default  rules  for  bidders  that  elect  the  relief  granted  today.  The  Order  also  imposes  no  restrictions  on  electing  bidders’  ability  to 
 acquire  such  spectrum  in  future  auctions.  Eligible  winning  bidders  must  make  an  election  not  later  than  45  days  from  the  release  of  today’s  Order,  which  also  includes  procedures  for  requesting  dismissal  and 
 refunds  and  Department  of  Justice  approval. 
 The  Commission  said  that  although  the  Commission  is  under  no  legal  obligation  to  provide  relief  to  these  entities,  the  public  interest  is  served  by  this  plan  of  relief,  which  provides  eligible  Auction  No.  35 
 winners  an  opportunity  for  finality  and  certainty.  Noting  that  the  telecommunications  industries  have  been  undergoing  serious  economic  difficulties,  the  Commission  said  that  granting  this  relief  to  Auction 
 No.  35  bidders  may  help  consumers  by  promoting  greater  stability  in  the  wireless  sector  and  allowing  the  companies  to  redirect  their  capital  and  focus  their  resources  on  providing  communications  services. 


 Action  by  the  Commission  November  14,  2002,  by  Order  and  Order  on  Reconsideration  (FCC  02-  311).  Chairman  Powell,  Commissioners  Abernathy  and  Copps,  with  Commissioner  Martin  approving  in  part 
 and  dissenting  in  part;  Chairman  Powell  and  Commissioners  Abernathy  and  Martin  issuing  separate  statements. 
 -  FCC  - 
 Wireless  Telecommunications  Bureau  Contact:  Bill  Huber  at  (202)  418-  0660,  e-  mail:  whuber@  fcc.  gov. 
 WT  Docket  No.  02-  276 
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