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Auction 84 (AM Broadcast) Application Status

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Released: March 25, 2014

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 14-399

March 25, 2014

CLOSED AUCTION OF AM BROADCAST CONSTRUCTION PERMITS

STATUS OF SHORT-FORM APPLICATIONS TO PARTICIPATE IN AUCTION 84

AU Docket No. 13-268

1.
By this Public Notice, the Wireless Telecommunications and Media Bureaus (collectively
the “Bureaus”) announce the status of the 45 short-form applications pending for Auction 84. This
auction, which is scheduled to begin on Tuesday, May 6, 2014, will offer 22 construction permits for new
commercial AM radio stations. This Public Notice also 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 (FCC Forms 175) for Auction 84 have been reviewed for
completeness and compliance with the Commission’s rules, and have been classified into the categories
listed below.

Complete

...........................................................................16 applications

Incomplete

........................................................................29 applications
3.

Complete Applications.

Attachment A to this Public Notice lists the short-form
applications for Auction 84 that are accepted for filing and complete. Each of these applicants will
become a qualified bidder upon receipt by the Commission of the required upfront payment by the
April 7, 2014, deadline described below.1 Each applicant must also maintain the accuracy of its short-
form application as required by sections 1.65 and 1.2105 of the Commission’s rules.2 Attachment A
indicates the designated construction permits for each applicant. If an applicant claimed a new entrant
bidding credit, the applicant’s claimed bidding credit percentage for each construction permit is indicated
as 35 percent or 25 percent.3

1 See section I.B., below; see also 47 C.F.R. § 1.2106 (upfront payment rule).
2 47 C.F.R. §§ 1.65, 1.2105(c).
3 During the remedial filing window, four applicants reported that they were no longer eligible for the level of new
entrant bidding credit claimed in their initial filings. Steve E. King and S&B Broadcasting Company no longer

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DA 14-399

4.
Designation of an application as complete indicates the applicant has provided the
certifications and basic information concerning its qualifications as required by the Commission’s
competitive bidding rules for participation in the auction.4 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 construction permit or license and, if a bidding credit
is requested, its eligibility for the bidding credit requested.5 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. In the
event that an applicant is found unqualified to be a Commission permittee or licensee or is ineligible for
claimed designated entity benefits, it will be liable for any obligations incurred as a result of its
participation in the auction.6
5.

Incomplete Applications.

Attachment B to this Public Notice lists the short-form
applications for Auction 84 that are accepted for filing but found to be incomplete or otherwise deficient.
Each of these applicants will receive a letter identifying the deficiency(ies) in its application. This letter
will be sent to the applicant’s contact via overnight delivery along with a copy of this Public Notice. To
become a qualified bidder, each applicant must make the required upfront payment and resubmit its
application, having corrected any deficiencies, by the April 7, 2014, deadline.7 Each applicant must also
maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the
Commission’s rules.8

B.

Upfront Payments

6.
Upfront payments and accompanying FCC Remittance Advice forms (FCC Form 159)
for Auction 84 are due in the proper account at U.S. Bank, St. Louis, Missouri, by 6:00 p.m. Eastern
Time (ET) on Monday, April 7, 2014.
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. Payments must be
made by wire transfer only in accordance with the instructions provided in the Auction 84
Procedures Public Notice
.9 No other payment method is acceptable for this auction.10 Each applicant is
reminded to provide its FCC Registration Number (“FRN”) on the FCC Form 159 and to submit the same
FRN with all future payments for Auction 84. At least one hour before placing the order for the wire
transfer (but on the same business day), each applicant must fax a completed FCC Form 159 to U.S. Bank
at (314) 418-4232.

claim any bidding credit. L. Topaz Enterprises, Inc., and Edward A. Schober reduced their bidding credit claims to
25 percent.
4 The Bureaus previously provided an overview of the requirements for participation in Auction 84, including
detailed instructions for applicants to review, verify and, if necessary, update their previously-filed short-form
applications. See Closed Auction of AM Broadcast Construction Permits Scheduled for May 6, 2014; Notice and
Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 84, AU Docket
No. 13-268, Public Notice, DA 14-63, 29 FCC Rcd 354 (WTB/MB 2014) (“Auction 84 Procedures Public Notice”).
5 See 47 C.F.R. §§ 1.2107, 1.2109, 73.5005; see also Implementation of Section 309(j) of the Communications Act –
Competitive Bidding, PP Docket No. 93-253, Second Report and Order, FCC 94-61, 9 FCC Rcd 2348, 2376-77
¶¶ 163-168 (1994) (“Competitive Bidding Second Report and Order”).
6 See generally 47 C.F.R. § 1.2109.
7 See 47 C.F.R. §§ 1.2105(b), 1.2106.
8 47 C.F.R. §§ 1.65, 1.2105.
9 See Auction 84 Procedures Public Notice, 29 FCC Rcd at 376-79 ¶¶ 79-90, Attachment C at 405-06. A wire
transfer is a transaction that is initiated through an applicant’s bank. It authorizes the bank to wire funds from an
applicant’s account to the Commission’s account.
10 The Commission will not accept checks, credit cards, or automated clearing house (“ACH”) payments.
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7.
Each applicant is responsible for ensuring timely submission of its upfront payment and
for timely filing of an accurate and complete FCC Remittance Advice Form (FCC Form 159).11 An
applicant should coordinate with its financial institution well ahead of the due date regarding its wire
transfer and allow sufficient time for the wire transfer to be initiated and completed prior to the deadline.
The Commission has repeatedly cautioned auction participants about the importance of planning ahead to
prepare for unforeseen last-minute difficulties in making payments by wire transfer.12 Each applicant
should obtain confirmation from its financial institution that its wire transfer was successful and from
Commission staff that the applicant’s payment has been received by the Commission in the proper
account. For confirmation from the Commission, an applicant may contact Gail Glasser of the Office of
Managing Director’s Auctions Accounting Group at (202) 418-0578, or Theresa Meeks at (202) 418-
2945. Detailed information regarding upfront payments, including the additional payment requirement
for “former defaulters,” can be found in section III.D of the Auction 84 Procedures Public Notice.13

C.

Short-Form Application Changes and Resubmission

8.
Each applicant whose application for Auction 84 has been identified as incomplete must
address defects in its application during the resubmission window, which is now open.14 Corrected
applications must be filed prior to 6:00 p.m. ET on Monday, April 7, 2014. Any short-form application
corrections must be made electronically using the FCC’s Auction System. This will be the only
opportunity to cure application defects. Late resubmissions will not be accepted. An applicant that filed
an application deemed to be incomplete or otherwise deficient, as noted in Attachment B to this Public
Notice, must submit a timely and sufficient upfront payment before the Commission will review its
resubmitted application. If an application is incomplete or otherwise deficient after the resubmission
deadline has passed or if the required upfront payment is not made by the specified deadline, the applicant
will not be permitted to bid.15
9.
During this resubmission window, all applicants may make minor changes as described
below in more detail. We remind applicants that sections 1.65 and 1.2105 of the Commission’s rules
require an applicant to maintain the accuracy and completeness of information furnished in its pending
short-form application.16 Each applicant should amend its short-form application to furnish additional or
corrected information within five days of a significant occurrence, or no more than five days after the
applicant becomes aware of the need for amendment.17 To the extent that changes may be made directly

11 An electronic pre-filled version of the FCC Form 159 is available in connection with each applicant’s Form 175 in
ISAS. See Auction 84 Procedures Public Notice, 29 FCC Rcd at 377-78 ¶ 84, Attachment B at 403.
12 See, e.g., Letter to Lee G. Petro, from Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, DA
10-1270, 25 FCC Rcd 9046 (2010); Letter to David G. O’Neil, Esq. from Margaret W. Wiener, Chief, Auctions and
Spectrum Access Division, DA 08-622, 23 FCC Rcd 4765 (2008).
13 See Auction 84 Procedures Public Notice, 29 FCC Rcd at 376-79 ¶¶ 79-90.
14 47 C.F.R. § 1.2105(b)(2).
15 Each of these applicants will retain its status as an applicant in Auction 84 and will remain subject to the
Commission’s rules prohibiting certain communications, 47 C.F.R. §§ 1.2105(c) and 73.5002(d), but will not be
eligible to bid. See Implementation of Section 309(j) of the Communications Act – Competitive Bidding for
Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, First Report
and Order,
FCC 98-194, 13 FCC Rcd 15920, 15979-80 ¶ 153 (1998) (“Broadcast First Report and Order”),
Memorandum Opinion and Order, FCC 99-74, 14 FCC Rcd 8724 (1999), Memorandum Opinion and Order, FCC
99-201, 14 FCC Rcd 12541 (1999), aff’d, Orion Communications Ltd. v. FCC, 221 F.3d 196, No. 98-1424, slip op.
(D.C. Cir. June 13, 2000) (unpublished opinion available at 2000 WL 816046) (D.C. Cir.), aff’d, Orion
Communications Ltd. v. FCC,
213 F.3d 761 (D.C. Cir. 2000).
16 47 C.F.R. §§ 1.65, 1.2105.
17 Id.
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in the electronic Form 175 at the time of the amendment, an applicant must modify its short-form
application electronically.18 An applicant seeking to report changes outside of the resubmission window
must submit a letter briefly summarizing the changes by e-mail to the attention of Margaret Wiener,
Chief, Auctions and Spectrum Access Division, at the following address: auction84@fcc.gov. Questions
about changes should be directed to the Auctions and Spectrum Access Division at (202) 418-0660.
10.
The electronic Form 175 will not permit an applicant to make certain modifications to its
application during the resubmission period (e.g., a change to a technical proposal, claim eligibility for a
higher percentage of bidding credit or change the applicant’s name). 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 applicant and its contact person, and changes to
responsible party.19 Additional guidance on making administrative changes to an existing application
may be found in the Auction 84 Procedures Public Notice, section II.20 Each applicant is encouraged to
review our guidance on permissible minor changes.21 If any change in an application constitutes a “major
amendment,” as defined by section 1.2105, the applicant will be deemed ineligible to bid in the auction.22
11.

Application Corrections or Updates By Applicants That Did Not Update During

Remedial Filing Window.

Each applicant will have an opportunity to update or revise its short-form
application during the resubmission window. Any applicant that did not make any electronic updates to
its application during the February 19-March 4, 2014, remedial filing window will need first to contact
and coordinate with Bureau staff to be able to implement any necessary changes and submit its revised
application.23 Because such applicant cannot submit changes without assistance from Bureau staff, any
such applicant is advised to contact staff no less than three business days prior to the April 7, 2014,
resubmission deadline (i.e., by or before April 2, 2014). Staff will consider updates or changes to an
application only if such changes are submitted through the electronic Form 175 consistent with the
instructions in this Public Notice and the Auction 84 Procedures Public Notice.

18 During the resubmission phase, applicants will have electronic access to update the following application data
entry 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). 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). Any other required update in an Auction
84 application must be submitted by uploading an attachment.
19 47 C.F.R. § 1.2105(b)(2). The Commission’s electronic Form 175 is designed to prevent inadvertent major
changes by applicants. Therefore, applicants typically are not permitted to make changes to the following data fields
after the short-form filing deadline: applicant name, legal classification, certifier, bidding credit percentage, and
permits.
20 For more information on making administrative changes to an existing application, see subsections “Updating
Applicant’s FCC Form 175 in Integrated Spectrum Auction System ─ Remedial Filing Window Closes March 4,
2014,” “Minor Modifications to Short-Form Applications,” “Maintaining Current Information in Short-Form
Applications” and “Submission of Updates to Short-Form Applications” in the Auction 84 Procedures Public
Notice
, 29 FCC Rcd at 371-73 ¶¶ 52-61; Attachment B at 394-404.
21 See Auction 84 Procedures Public Notice, 29 FCC Rcd at 371-72 ¶ 55.
22 47 C.F.R. § 1.2105(b)(2).
23 Bureau staff assistance is needed for these applicants because the FCC 175 system has changed since Auction 84
short-form applications were initially filed and will not permit an applicant to submit changes at this stage unless it
already submitted an updated application in the current system during the remedial window.
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II.

OTHER IMPORTANT AUCTION 84 INFORMATION

12.

Qualified Bidders.

Approximately two to three weeks after the upfront payment
deadline, following Commission review of resubmitted short-form applications and the correlation of
payments and applications, a public notice listing all applicants qualified to bid in Auction 84 will be
released. The same public notice will also include bidding schedules for both the mock auction and the
first day of bidding.
13.
When two or more Auction 84 short-form applications are accepted for filing and each
contains a technical proposal for a construction permit which is found to be mutually exclusive, that
construction permit must be awarded by competitive bidding procedures.24 Once mutual exclusivity
exists for auction purposes, even if only one applicant for a particular construction permit submits an
upfront payment and becomes a qualified bidder, the qualified applicant must to submit a bid in order to
obtain the permit.25
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 construction permits for
AM broadcast facilities that it is seeking in Auction 84. The FCC 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
administrative or judicial proceedings, pleadings, applications, or authorizations that might affect their
decisions regarding participation in the auction. Additionally, a potential bidder should perform technical
analyses and/or refresh any previous analyses to assure itself that, should it be a winning bidder for any
Auction 84 construction permit, it will be able to build and operate facilities that will fully comply with
the Commission’s current technical and legal requirements. Participants in this auction should continue
such research throughout the auction. For further details regarding due diligence, please refer to the
Auction 84 Procedures Public Notice, section I.B.3.26
15.

New Entrant Bidding Credit Eligibility.

An applicant seeking a new entrant bidding
credit must have indicated on its short-form application that it is claiming eligibility for a credit, along
with the percentage of the bidding credit it is claiming.27 The bidding credit percentage indicated on the
short-form application as of the initial filing deadline is the maximum level of bidding credit that an
applicant can claim for this auction. Circumstances may arise after the short-form application deadline
under which an applicant may no longer be eligible to claim a bidding credit or may only be eligible for a
bidding credit at a lower percentage. This might be the case, for example, where the applicant or one of
its attributable interest holders acquires an interest in another radio station after the initial application
filing window deadline.28 Any change affecting eligibility for the new entrant bidding credit must be
reported immediately, and no later than five business days after the change occurs,29 if the change could

24 Broadcast First Report and Order, 13 FCC Rcd at 15978-80 ¶¶ 149-154. See also Competitive Bidding Second
Report and Order
, 9 FCC Rcd at 2376 ¶ 165.
25 Broadcast First Report and Order, 13 FCC Rcd at 15923-25 ¶¶ 7-12.
26 See Auction 84 Procedures Public Notice, 29 FCC Rcd at 367-68 ¶¶ 35-41.
27 47 C.F.R. § 73.5007.
28 See note 3, above (describing changes of bidding credit claims by Auction 84 applicants). Additional information
on the new entrant bidding credit may be found in the Auction 84 Procedures Public Notice, 29 FCC Rcd at 398-99
in Attachment B.
29 An applicant’s obligation to make such amendment or modification to its pending application continues until it is
made. See 47 C.F.R. §§ 1.65, 1.2105(b)(4), 73.5007(a); see also Part 1 Procedural Amendments Order, 25 FCC
Rcd at 522-23 ¶¶ 6-8.
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result in the reduction or loss of the credit originally claimed on the short-form application.30 To report
any change regarding its new entrant bidding credit eligibility claim, an applicant must submit a letter
briefly summarizing the change by e-mail to the attention of Margaret Wiener, Chief, Auctions and
Spectrum Access Division, Wireless Telecommunications Bureau, at the following address:
auction84@fcc.gov.
16.

Prohibition of Certain Communications.

The Bureaus remind applicants that sections
1.2105(c) and 73.5002(d) of the Commission’s rules prohibit 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).31 In broadcast services, the “geographic license area” is the market designation
of the particular service.32 In Auction 84, this rule applies to applicants that have applied for construction
permits for either the same geographic license area or the same MX group.33
17.
This prohibition became effective at the initial short-form application (FCC Form 175)
filing deadline pursuant to which a short-form application was filed, and ends at the post-auction down
payment deadline, which will be announced in a public notice released shortly following close of
bidding.34

The prohibition applies to all applicants regardless of whether such applicants become
qualified bidders, submit an upfront payment, or actually bid.

35
18.
We also emphasize that, for purposes of this prohibition, an “applicant” includes all
controlling interests of the entity submitting a short-form application to participate in the auction,
including all officers and directors 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 application.36 Applicants should continue

30 The Commission has recognized that changes occurring subsequent to the short form filing deadline which could
serve as the basis for reducing or eliminating an applicant’s previously claimed bidding credit eligibility may arise in
a wide range of circumstances. See Policies to Promote Rural Radio Service and to Streamline Allotment and
Assignment Procedures, MB Docket No. 09-52, First Report and Order and Further Notice of Proposed Rule
Making
, FCC 10-24, 25 FCC Rcd 1583, 1611-14 ¶¶ 57-63 (2010). See also 47 C.F.R. § 73.5007(a).
31 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, FCC 01-270, 16 FCC Rcd
17546 (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, FCC 00-274, 15 FCC Rcd 15293, 15297-
98 ¶¶ 7-8 (2000).
32 Part 1 Seventh Report and Order, 16 FCC Rcd at 17549 n.12.
33 Additional guidance on the requirements of sections 1.2105(c) and 73.5002(d) may be found in the Auction 84
Procedures Public Notice. See Auction 84 Procedures Public Notice
, 29 FCC Rcd at 360-66¶¶ 12-32.
34 47 C.F.R. § 1.2105(c)(1).
35 See, e.g., Star Wireless, LLC, Forfeiture Order, DA 04-3026, 19 FCC Rcd 18626, 18628 ¶ 4 & n.19 (EB 2004),
order granted in part sub nom, Star Wireless, LLC and Northeast Communications of Wisconsin, Inc., Order on
Review
, FCC 07-80, 22 FCC Rcd 8943 (2007)(“Star and Northeast Review Order”), petition for review denied, Star
Wireless, LLC v. FCC
, 522 F.3d 469 (D.C. Cir. 2008) (section 1.2105(c) applies to applicants regardless of whether
they are qualified to bid); Letter to Robert Pettit,[Esquire], from Margaret W. Wiener, Chief, Auctions and Spectrum
Access Div., DA 00-2905, 16 FCC Rcd 10080 (2000) (declining to exempt an applicant’s controlling interest from
coverage by the communication prohibition of section 1.2105(c), even though the applicant never made an upfront
payment for the auction and was not listed as a qualified bidder).
36 47 C.F.R. § 1.2105(c)(7)(i).
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to take precautionary steps to prevent prohibited communications between any of the entities or persons
described covered by the prohibition.37
19.
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 short-form
application filing deadline, an applicant should not have included the names of those parties on its
application, and must not have continued negotiations.38
20.

Reporting Prohibited Communications

. Section 1.2105(c)(6) of the Commission’s
rules requires each auction applicant to report a 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 1.65.39 A party
reporting a communication pursuant to sections 1.65 or 1.2105(c) must take care to ensure that any such
report of a prohibited communication does not itself give rise to a violation of section 1.2105(c). 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.
21.
The Commission amended section 1.2105(c) to minimize the risk of inadvertent
dissemination of information by requiring any party to file only a single report and to file that report with
Commission personnel expressly charged with administering the Commission’s auctions.40 Pursuant to
the amended rule, any report required by section 1.2105(c) must be filed consistent with the instructions
set forth in the Auction 84 Procedures Public Notice.41 Any such report must be filed immediately with
the Chief of the Auctions and Spectrum Access Division and either submitted by e-mail to
auction84@fcc.gov or delivered to the following address: Margaret W. Wiener, Chief, Auctions and
Spectrum Access Division, Wireless Telecommunications Bureau, Federal Communications Commission,
445 12th Street, SW, Room 6423, Washington, DC 20554. Any party submitting such a report should
include a cover sheet to avoid the inadvertent dissemination of information contained in the report.
22.
A party seeking to report such a prohibited communication should consider submitting its
report with a request that the report or portions of the submission be withheld from public inspection.42
Any such party is also encouraged to consult with the Auctions and Spectrum Access Division staff if it

37 See Application of Nevada Wireless, Memorandum Opinion and Order, DA 98-1137, 13 FCC Rcd 11973, 11977-
78 ¶¶ 11-13 (1998). The Bureaus caution, however, that the mere existence of precautionary measures will not
outweigh specific evidence of prohibited communications, nor will it preclude the initiation of an investigation when
warranted. Id. at 11978 ¶ 13.
38 See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, DA
95-2244, 11 FCC Rcd 9645 (1995).
39 47 C.F.R. § 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 ¶ 17.
40 Part 1 Procedural Amendments Order, 25 FCC Rcd at 522 ¶ 4.
41 Auction 84 Procedures Public Notice, 29 FCC Rcd at 365-66 ¶¶ 28-30.
42 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).
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has any questions about the procedures for submitting such reports.43 The Auction 84 Procedures Public
Notice
provides additional guidance on procedures for submitting application-related information.44
23.
Each applicant that is a winning bidder will be required to disclose in its long-form
application the specific terms, conditions, and parties involved in any bidding consortia, joint ventures,
partnerships, or other agreements, understandings or arrangements entered into relating to the competitive
bidding process.45 Any applicant found to have violated section 1.2105(c) of the Commission’s rules may
be subject to sanctions.46 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.47
24.

Ex Parte

Rule.

Applicants should also be aware that the Commission has generally
treated mutually exclusive short-form applications to participate in the auctions process as exempt
proceedings and, therefore, not subject to the ex parte prohibitions that pertain to restricted proceedings.48
25.

Mock Auction.

All applicants found to be qualified bidders will be eligible to participate
in a mock auction on Friday, May 2, 2014. 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.
26.

Electronic Bidding.

Applicants are reminded that qualified bidders are eligible to bid
either electronically or telephonically and 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. The following software is
required to use the FCC Integrated Spectrum Auction System:
 Web Browser, either of the following is recommended:
o Microsoft® Internet Explorer 8.0 or higher.
o Mozilla® Firefox® 3.5 or higher.
 PDF Viewer: Adobe Reader 5.0 or higher (available at http://www.adobe.com)
 Minimum Screen Resolution: 1024 x 768
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

43 See section III. “Contact Information” below.
44 See Auction 84 Procedures Public Notice, 29 FCC Rcd at 365-66 ¶¶ 28-30, 370-73 ¶¶ 51-61, 375-76 ¶¶ 74-76,
394-404 in Attachment B.
45 See 47 C.F.R. § 1.2107(d).
46 See 47 C.F.R. §§ 1.2105(c), 1.2107(d) and 1.2109(d).
47 47 C.F.R. § 1.2109(d).
48 See “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, FCC 94-
283, 9 FCC Rcd 6760 (1994). See also 47 C.F.R. § 1.1202(d)(1) Note 1.
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for submitting down payments and final payments.49 Winning bidders must submit electronically a
properly completed long-form application (FCC Form 301) and required exhibits for each construction
permit won through Auction 84. Further filing instructions will be provided to auction winners at the
close of the auction.

III.

CONTACT INFORMATION

30.
For specific questions about an applicant’s incomplete status or its application
deficiencies, the applicant should contact the staff reviewer identified in the correspondence sent to the
applicant by overnight mail.
31.
For further information concerning Auction 84, contact:

General Auction Information

FCC Auctions Hotline

General Auction Questions
(888) 225-5322, option two; or
Auction Process and Procedures
(717) 338-2868

Auction 84 Process and Procedures

Auctions and Spectrum Access Division

(202) 418-0660
Jeff Crooks (Analyst)
Linda Sanderson (Project Manager)

Auction 84 Legal Information

Auctions and Spectrum Access Division

Auction Rules, Policies, Regulations, including
(202) 418-0660
Reports of section 1.2105(c) Violations and
Lynne Milne (Attorney)
Application Modifications

Licensing Information

Audio Division

Service Rules, Policies, Regulations
(202) 418-2700
Licensing Issues, Engineering Issues
Lisa Scanlan (Attorney)
Due Diligence, Incumbency Issues
Tom Nessinger (Attorney)

Technical Support

FCC Auctions Technical Support Hotline

Electronic Filing
(877) 480-3201, option nine; or (202) 414-1250
FCC Auction System (Hardware/Software
(202) 414-1255 (TTY)
Issues)
Hours of service: 8:00 a.m. – 6:00 p.m. ET,
Monday through Friday

Auction Payments

Auctions Accounting Group

Instructions for Wiring Upfront Payments and
(202) 418-0578
Completion of Form 159
Gail Glasser
(202) 418-2945
Theresa Meeks
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 –

49 For more details on these payments and procedures, see Auction 84 Procedures Public Notice, 29 FCC Rcd at
388-90 ¶¶ 141-51.
9

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