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Letter Notifying David Miller of Eligibility for Refund

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Released: June 19, 2012
Federal Communications Commission
Washington, D.C. 20554
June 19, 2012
DA 12-967

Via Certified Mail, Return Receipt Requested

David Miller
5001 CR 1430
Lubbock, TX 79407

Re: David Miller - Eligibility for Refund of Amount on Deposit for Bid Withdrawal

Payment on Auction 73 License WY-BEA052-A (Wheeling, WV-OH)

Dear Mr. Miller:
By this letter, we notify you of the availability of a refund of funds on deposit with the Federal
Communications Commission (“Commission”) in connection with your participation in the
Commission’s auction of 700 MHz licenses (Auction 73).
You withdrew a provisionally winning bid during Auction 73 for a 700 MHz Band license in the
Wheeling, WV-OH (WY-BEA052-A) area.1 In 2008, the Commission assessed an interim bid
withdrawal payment of $11,400.00 from the monies you had on deposit.2 The Wheeling, WV-OH (WY-
BEA052-A) area license was offered in a subsequent auction of 700 MHz Band licenses (Auction 92),
and because it received a winning bid,3 the Commission is now able to calculate your final bid withdrawal
payment obligation.4
Under the Commission’s rules, a bidder that withdraws a provisionally winning bid during the
course of an auction is subject to a bid withdrawal payment equal to the difference between the amount of
the withdrawn bid and the amount of the subsequent winning bid.5 Pursuant to the rule in effect at the
time of Auction 73, if a provisionally winning bid is withdrawn on a license that remains unsold at the
close of the auction, the withdrawing bidder is required to make an interim payment equal to ten


1 See Auction of 700 MHz Band Licenses Closes; Winning Bidders Announced for Auction 73, Public Notice, 23
FCC Rcd 4572, 4664 (WTB 2008).
2 See id.
3 See Auction of 700 MHz Band Licenses Closes; Winning Bidders Announced for Auction 92, Public Notice, 26
FCC Rcd 10,494, 10,503 (WTB 2011).
4 See 47 C.F.R. § 1.2104(g)(1).
5 Id.

David Miller



DA 12-967
June 19, 2012
Page 2
percent (10%) of the net amount of the withdrawn bid.6 This payment amount is deducted from any
upfront payments or down payments deposited for the withdrawing bidder’s account with the
Commission.7 If, in a subsequent auction, that license receives a winning bid in an amount equal to or
greater than the withdrawn bid amount, then no final bid withdrawal payment is assessed, and, upon
appropriate request, the Commission refunds the interim payment.8 If, in a subsequent auction, the
winning bid for that license is less than the bidder’s withdrawn amount, then the bidder is required to
make a final bid withdrawal payment equal to either the difference between the bidder’s net withdrawn
bid and the subsequent net winning bid, or the difference between the bidder’s gross withdrawn bid and
the subsequent gross winning bid, whichever is less.9
As shown in Attachment A, in accordance with section 1.2104(g)(1) of the Commission’s rules,10
because the subsequent winning bid on the Wheeling, WV-OH license exceeded your withdrawn bid, you
are not liable for a withdrawal payment and the interim withdrawal payment assessed is available for
refund. Therefore, in accordance with section 1.2104 of the Commission’s rules, the Commission is
prepared to refund the payor(s) of record the $11,400.00 remaining funds on deposit with the
Commission. To obtain a refund, the payor(s) of record 11 must submit a request in accordance with the
instructions set forth in Attachment B.

Ordering Clauses

Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act
of 1934 as amended, 47 U.S.C. §§ 154(i), 309, and section 1.2104(g)(1) of the Commission’s rules, 47
C.F.R. § 1.2104(g)(1), David Miller is ASSESSED a final bid withdrawal payment as computed in
Attachment A.
IT IS FURTHER ORDERED that, in accordance with section 1.2104 of the Commission’s rules,
47 C.F.R. § 1.2104, the Commission is prepared to refund to the payor(s) of record, the remaining funds
withheld in connection with David Miller’s withdrawal referenced above. To obtain a refund, the
payor(s) of record must submit a request(s) in accordance with the instructions set forth in Attachment B.


6 47 C.F.R. § 1.2104(g)(1) (2008); See Auction of 700 MHz Band Licenses Scheduled for January 24, 2008; Notice
and Filing Requirements, Minimum Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures for
Auctions 73 and 76, Public Notice, 22 FCC Rcd 18,141, 18,211 ¶¶ 267-68 (2007). See also Implementation of
Section 309(j) of the Communications Act—Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order,
9 FCC Rcd 5532, 5563 n. 51 (1994).
7 See 47 C.F.R. § 1.2106(d) and (e).
8 See 47 C.F.R. § 1.2104(g)(1).
9 Id.
10 Id.
11 See Entertainment Unlimited, Inc., Request for Refund of Late Payment Fees for PCS Licenses Purchased in
Auction 22, Memorandum Opinion and Order, 16 FCC Rcd 10,030 (2001) (noting that the Commission does not
accept instructions regarding the refund of excess upfront payments from entities or individuals other than the payor
of record).

David Miller



DA 12-967
June 19, 2012
Page 3
IT IS FURTHER ORDERED that this letter shall be sent to the applicant and its representatives
by certified mail, return receipt requested. This action is taken pursuant to authority delegated by section
0.331 of the Commission’s rules, 47 C.F.R. § 0.331.
Sincerely,
Margaret W. Wiener
Chief, Auctions and Spectrum Access Division
Wireless Telecommunications Bureau
Attachments

David Miller



DA 12-967
June 19, 2012
Page 4

ATTACHMENT A

Multi-Auction Bid Withdrawal Payment/Refund Report

License

Withdrawn

Withdrawn

Re-auction

Re-auction

10% Deposit

Final Bid

Number

Gross Bid

Net Bid

Gross Bid

Net Bid

Withheld from Withdrawal

Frequency Block

Auction 73

Auction 73

Auction 92

Auction 92

Auction 73

Payment

WY-BEA052-A
$152,000.00
$114,000.00
$427,000.00
$320,250.00
$11,400.00
$0.00
Total Final Bid Withdrawal
Obligation for WY-BEA052-A
$0.00
Total of Interim Withdrawal Payment
and Amounts on Deposit
$11,400.00

Total Refund Available for

WY-BEA052-A

$11,400.00

David Miller



DA 12-967
June 19, 2012
Page 5

ATTACHMENT B

The Commission will make refunds upon compliance with the following procedures:
Ø For each payor of record, submit an Automated Clearing House Vendor/Miscellaneous Payment
Enrollment Form (“ACH Form”) (see sample attached).12 You may obtain additional copies of this
form at http://www.fms.treas.gov/pdf/3881.pdf.
The ACH form may be either faxed or mailed to the Commission. The fax number is (202) 418-
2980. The mailing address is: Federal Communications Commission, Office of the Managing
Director, Attention: Auctions Accounting Group, Room 1-C864, 445 12th Street SW,
Washington, DC 20554. If you have questions concerning the completion of this form, please
contact Gail Glasser at (202) 418-0578.
Submit a letter (along with the ACH form) signed by the payor of record, requesting a refund.
Refunds will be processed within approximately two weeks of the Commission’s receipt of the ACH form
and accompanying letter from the payor of record.
-FCC-


12 Refunds will be processed via ACH credits. ACH is a domestic funds transfer system providing an electronic
parallel to the Federal Reserve check clearing system. ACH is governed by the Rules of the National Automated
Clearing House Association. Generally speaking, an ACH is an instrument for moving money electronically from
one participating financial institution to another.

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