PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-156 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: January 27, 1997 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES GRANT OF BROADBAND PERSONAL COMMUNICATIONS SERVICES ENTREPRENEURS' C BLOCK LICENSES TO GWI PCS INC. Final Down Payment due by February 3, 1997 On January 27, 1997, the Chief, Wireless Telecommunications Bureau, under delegated authority, 47 C.F.R.  0.331, adopted a Memorandum Opinion and Order (Order) granting the applications of GWI PCS Inc., for Basic Trading Area (BTA) licenses listed in Attachment A hereto in the Broadband Personal Communications Services Entrepreneurs' C Block in the 1895-1910 MHz and 1975-1990 MHz bands. The grant is conditioned on GWI PCS paying the required down payment on its licenses by February 3, 1997. The Order also denies an Informal Objection filed jointly against the GWI PCS applications by Antigone Communications and PCS Devco, Inc. (Antigone/Devco). Pursuant to 47 C.F.R.  1.4(b)(2), the running of the limitations period for any petition for reconsideration or application for review will be triggered by the release of the Order. Conditional Grant GWI PCS was the winning bidder for various licenses in the C Block Auction, which closed on May 6, 1996, see "Entrepreneurs' C Block Auction Closes," Public Notice, DA 96-716 (May 8, 1996). An Informal Objection was jointly filed against GWI PCS's applications by Antigone Communications and PCS Devco, Inc. (Antigone/Devco). Antigone/Devco alleged that GWI PCS exceeded the foreign ownership benchmark under Section 310(b)(4) of the Communications Act; and violated Section 1.2105(c) of the Commission's rules (prohibition against collusion). 47 C.F.R.  1.2105(c)(1). After reviewing the pleadings and Antigone/Devco's response thereto, the Bureau found that there were no substantial and material questions of fact at issue. In particular, the Bureau determined that GWI PCS does not exceed the foreign ownership limitations under Section 310(b), that there is insufficient evidence of a violation of Section 1.2105(c)(1) of the Commission's rules (prohibition against collusion), and that the public interest would be served by granting GWI PCS's licenses. Accordingly, the Bureau dismissed the Informal Objection filed by Antigone/Devco and granted GWI PCS's applications, conditioned on timely payment of its remaining down payment obligation. Down Payment Terms GWI PCS has qualified to pay for its licenses by means of a 10% down payment (5% of which was paid at the close of the Auction) and installment payments. See 47 CFR  24.711. Grant of each license is expressly conditioned on payment within five business days of this Notice of the remaining portion of the 10% down payment due on the license (see Down Payment Instructions below). If GWI PCS fails to submit the required payment by the specified deadline, it will be considered in default and subject to automatic license cancellation and additional default payments. Specifically, GWI PCS will be required to reimburse the Commission the amount of the difference between its net winning bid and the amount of the winning bid the next time the license is offered, if the subsequent winning bid is lower. In addition, defaulting winning bidders will be subject to a default payment of three percent of the subsequent winning bid or three percent of the defaulting bid, whichever is less. See 47 C.F.R.  1.2103. Payment of the remainder of the amount due on each license will be made in quarterly installments in accordance with Parts 1 and 24 of the Commission's rules. For each license granted, GWI PCS will receive from the United States Department of Treasury an original note documenting the GWI PCS installment payment obligations and a security agreement commemorating the Commission's security interest in the license. The note and security agreement will include instructions on completing, signing, and returning the documents to the Treasury Department. Grant of each license is expressly conditioned on timely execution and return by GWI PCS of the note and security agreement in accordance with these instructions. Failure to comply with this condition for any license will result in automatic cancellation of the license. GWI PCS will receive its individual BTA licenses following payment for each license of the final down payment and execution and return of the note and security agreement. Down Payment Instructions GWI PCS must submit to Mellon Bank additional funds to bring its total deposits with the government to TEN PERCENT (10%) of its net winning bids by February 3, 1997. All payments must be made in U.S. dollars, must be in the form of a wire transfer or cashier's check, and must be made payable to the "Federal Communications Commission" or "FCC." Cashier's checks must be drawn on a United States financial institution whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC). Payments by cashier's check must be received by 11:59 p.m. Eastern Time, February 3, 1997. Cashier's checks must be addressed to: Mellon Bank Attention: Auction Nos. 5 & 10 P.O. Box 358850 Pittsburgh, PA 15251-5850 If delivering an auction payment in person or by courier, the cashier's check and FCC Remittance Advice Form (FCC Form 159) must be delivered to: Mellon Bank Attention: Wholesale Lockbox Shift Supervisor 27th Floor (153-2713) 3 Mellon Bank Center 525 William Penn Way Pittsburgh, PA 15259-0001 (Note: Please indicate on the inside envelope "Lockbox No. 358850.") Payments made by wire transfer must be received by 6:00 p.m. Eastern Time, February 3, 1997. Sufficient time should be allowed for the wire transfer to be initiated and for the transmission to be completed prior to the deadline. No personal checks or other forms of payment will be accepted. Payments must be accompanied by a completed FCC Remittance Advice Form (FCC Form 159). ON THE FCC FORM 159, GWI PCS MUST USE THE SAME FCC ACCOUNT NUMBER ASSOCIATED WITH ITS FCC FORM 175. If GWI PCS makes payments by wire transfer, it must fax a completed FCC Form 159 to Mellon Bank at (412) 236-5702 at least one hour prior to placing the order for the wire transfer (but on the same business day). To submit funds by wire transfer, GWI PCS will need the following information for the FCC Form 159: ABA Routing Number:043000261 Receiving Bank:Mellon Pittsburgh BNF:FCC/AC-9116106 OBI Field:(Skip one space between each information item) "AUCTIONPAY" FCC ACCOUNT NO. (SAME AS FCC FORM 159, BLOCK 1) PAYMENT TYPE CODE AWHD FCC CODE (SAME AS FCC FORM 159, BLOCK 17) PAYOR NAME (SAME AS FCC FORM 159, BLOCK 3) LOCKBOX NO. 358850 GWI PCS must specify each license as a separate item on FCC Form 159 (use continuation sheet (FCC 159-C) if necessary). GWI PCS must place a "5 & 10" as the auction event number in Block 17 of the FCC Form 159. GWI PCS MUST INCLUDE THE "License No." DESIGNATION(S) FOR EACH LICENSE (WHICH IS INCLUDED HEREIN) IN BLOCK 18 OF FCC FORM 159. For the "License No." designation in Block 18 of FCC Form 159, GWI PCS should list the "License No." as it appears in the Supplemental Bidder Information Package, e.g., PBBO14C. Additional instructions and addresses for making auction payments are contained in the FCC Forms and Instructions section of the Bidder Information Package for this auction. Questions concerning the calculation and submission of final payments should be directed to Regina Dorsey or Linwood Jenkins of the Billings and Collections Branch, at (202) 418-1995. For further information, contact: News Media: Wireless Telecommunications Bureau, Kara Palamaras at (202) 418-0654 Payment Questions: Office of Managing Director, Regina Dorsey or Linwood Jenkins at (202) 418-1995 Legal and Licensing Questions: Wireless Telecommunications Bureau, David Furth or Sandra Danner at (202) 418-0620 Licensing Questions: Wireless Telecommunications Bureau, Irene Longin at (202) 418-0620 ATTACHMENT A -- List of Licenses by Market granted.