Auction 33: Upper 700 MHz Guard Bands

Event	Date
Form 175 (Short Form) Application Filing Window Opens	7/18/2000; 12:00 noon ET
Form 175 (Short Form) Application Filing Deadline	8/1/2000; 6:00 pm ET
Upfront Payments Deadline	8/18/2000; 6:00 pm ET
Mock Auction	8/31/2000
Auction Start	9/6/2000
Auction Closed	9/21/2000

Licenses Offered

Competitive bidding was used to assign this spectrum to Guard Band Managers. The Guard Band Manager is a new class of commercial licensee engaged solely in the business of leasing spectrum to third parties on a for-profit basis. The Guard Band Manager may subdivide its spectrum in any manner it chooses and make it available to system operators, or directly to end users for fixed or mobile communications. The Guard Band Manager is required to adhere to strict frequency coordination and interference rules, and control use of the spectrum so as to facilitate protection for public safety

A total of 104 licenses were offered in each of 52 Major Economic Areas (MEAs). Each MEA will consist of one 4 megahertz license (consisting of paired 2 MHz blocks) and one 2 megahertz license (consisting of paired 1 MHz blocks).

Permissible Operations

By Congressional direction, the Commission reallocated thirty-six megahertz of spectrum for commercial use including fixed, mobile, and broadcasting services. Six of the thirty- six megahertz were identified as Guard Bands to provide protection to public safety users. Guard band equipment must meet ACCP OOBE criteria and guard band users must comply with frequency coordination procedures. Entities that employ a cellular system architecture are prohibited from operating in this band.

License Period

In light of continued use of this spectrum by broadcasters until 12/31/2006 or later, licenses are issued for a total of approximately 14 years. The expiration date is extended eight years beyond the date which incumbent broadcasters are required to have relocated to other portions of the spectrum, that is, until 1/1/2015. However, if a licensee commences new broadcast-type operations on or before 1/1/2006, the licensee is required to seek renewal of its license at the end of the eight-year term following commencement of such broadcast operations. All licensees meeting the substantial service requirement (see First Report and Order, WT99-168, ¶ 70, released 1/7/2000) will be deemed to have met renewal expectancy regardless of which construction options the licensee chose.

Performance Requirements

Under the amended performance requirement, a licensee must provide "substantial service" to its service area no later than January 1, 2015 (See 27.14(a) of the Commission's Rules). A Guard Band Manager may satisfy the substantial service requirement by leasing the predominant amount of its licensed spectrum in at least 50 percent of the geographic area covered by its license or by providing coverage to 50 percent of the population of its service area at the license-renewal mark

Guard Band Managers are also required to file an annual report providing the Commission with basic information such as the total number of users, the number of users that are affiliates, amount of spectrum being used by each, nature of use, term of user agreements, etc. Guard Band Managers must file these reports on-line at 700 MHz Guard Band Manager Reports.

Incumbents

The 700 MHz spectrum is presently encumbered by approximately 100 existing television stations, and it may remain so, to some extent, until 12/31/2006 or later. No part of the country is totally unencumbered in this band, and in some metropolitan areas, very little of this band is presently available. New geographic area licensees operating on this spectrum must comply with the co-channel and adjacent channel protection provisions of Section 90.545 of the Commission's Rules. See 47 C.F.R. sectioon 90.545 .

Bidding Credits

Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as set forth in 47 C.F.R. § 27.502 . A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates:

A bidder with average gross revenues of not more than $40 million for the preceding three years receives a 15 percent discount on its winning bids for Upper 700 MHz Guard Bands manager licenses ("small business");
A bidder with average gross revenues of not more than $15 million for the preceding three years receives a 25 percent discount on its winning bids for Upper 700 MHz Guard Bands manager licenses ("very small business").

Bidding credits are not cumulative. A qualifying applicant receives either the 15 percent or 25 percent bidding credit, but not both

Licensing Rules

There are no eligibility restrictions.
Guard Band Managers and their affiliates are limited to holding only one of the two licenses available in a geographic service area.
Guard Band Mangers must lease no more than 49.9% of its spectrum in a geographic service area to its affiliates.
Incumbent licensees are present in the band.
Licensed in 52 Major Economic Areas (MEAs).
Partitioning and/or disaggregation is permitted.
Guard Band Mangers are required to file an annual report.

Releases P

9/25/2000
PUBLIC NOTICE (DA 00-2154)
700 MHz Guard Bands Auction Closes Winning Bidders Announced/Down Payments Due October 10, 2000 FCC Forms 601 and 602 Due October 10, 2000/Ten-Day Petition to Deny Period
The Public Notice announces the Winning Bidders of Auction 33. In addition, the notice details information on down payments, due dates, and other pertinent information for Auction No. 33.
Attachment A: pdf
Attachment B: pdf
Attachment C: pdf
Attachment D: text - Word

8/25/2000
PUBLIC NOTICE (DA 00-1948)
Auction of Licenses for the 700 MHz Guard Bands Scheduled for September 6, 2000
This Public Notice identifies the 15 applicants that are qualified to bid in Auction No. 33. In addition, the notice contains bidding instructions and other important information.

8/8/2000
PUBLIC NOTICE (DA 00-1800)
Auction of Licenses for 700 MHz Guard Bands; Status of FCC Form 175 Applications to Participate in the Auction
This Public Notice gives the status of applicants eligible to participate in Auction No. 33.
Attachment A: pdf
Attachment B: pdf

7/12/2000
PUBLIC NOTICE (DA 00-1558)
Auction of Licenses for the 700 MHz Guard Bands Updated Attachments and Filing Deadlines Reminder, Additional Due Diligence Information
This Public Notice amends the Attachments C and H which were previously issued in the Auction No. 33 Announcing Public Notice of April 10, 2000.

5/2/2000
PUBLIC NOTICE (DA 00-941)
Auction of Licenses for the 700 MHz Bands Postponed until September 6, 2000
This Public Notice announces the schedule for the Auction of Licenses for the Upper 700 MHz Guard Bands which is auction no. 33. The upcoming auction of licenses in the 746-747/776-777 and 762-764/792-794 MHz bands, scheduled to begin on June 14, 2000, is postponed until September 6, 2000.

4/13/2000
PUBLIC NOTICE (DA 00-850)
Auction of Licenses for the 700 MHz Guard Bands
This Public Notice corrects three attachments of the Announcing Public Notice (DA 00-781) of Auction No.33.
See Public Notice DA 00-781
Attachment C: Word

4/10/2000
PUBLIC NOTICE (DA 00-781)
Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band Auction Scheduled for June 14, 2000, Minimum Auction Opening Bids and Other Procedural Issues
This public notice announces the procedures and minimum opening bids for the upcoming auction of licenses for fixed and mobile services in the 746-747/776-777 and 762-764/792-794 MHz bands ("Auction No. 33"). This Public Notice file incorporates changes from PN.
See Public Notice DA 00-850
Attachment J: xls

3/10/2000
PUBLIC NOTICE (DA 00-559)
Auction of Licenses for the 700 MHz Guard Bands Scheduled for June 14, 2000
By this Public Notice, the WTB announces the auction ("Auction No. 33") of Guard Band Manager licenses in the Upper 700 MHz Guard Bands to commence on June 14, 2000.
Attachment A: xls

1/27/2000
PUBLIC NOTICE (DA 00-134)
Deadline for Final Ex Parte and Other Presentations on Issues Related to Guard Bands in the 746-764 MHz AND 776-794 MHz Spectrum Block Extended to January 31, 2000 (WT Docket No. 99-168)
This public notice extends the filing deadline for comments in this proceeding. Comments are now due by 7 p.m., January 31, 2000.

1/7/2000
PUBLIC NOTICE (DA 00-31)
Public Comment Sought on Issues Related to Guard Bands in the 746-764 MHz and 776-794 MHz Spectrum Block (WT Docket No. 99-168)
In the First Report and Order in WT Docket No. 99-168, adopted January 5, 2000, the Commission adopted service rules, including technical, operational, and licensing rules, for 30 MHz of the 746-764 MHz and 776-794 MHz bands (700 MHz band).
pdf - text - Word

Releases L

8/20/2001
LETTER (DA 01-1941)
Letter addressed to Robert M. Gurss
This letter denies the relief sought by APCO in its Request for Clarification.

8/16/2001
LETTER (DA 01-1849)
Letter addressed to Scott A. Blank, Pegasus Guard Band, LLC.
This letter assesses withdrawal payment(s) from Pegasus Guard Band, LLC based on the closing of Auction No. 38.

7/16/2001
LETTER (DA 01-1719)
Letter addressed to Mark Crosby, Esq., Access Spectrum, LLC.
This letter assesses withdrawal payment(s) from Access Spectrum, LLC based on the closing of Auction No. 38.

6/1/2001
LETTER (DA 01-1338)
Letter addressed to Alfred R. Ittner Motorola Spectrum, Inc.
This letter assesses withdrawal payment(s) from Motorola based on the closing of Auction No. 38.

2/16/2001
LETTER (DA 01-437)
Harbor Wireless LLC Request for Waiver of Section 1.2109(b) of the Commission's Rules (Auction No. 33)
This letter denies Harbor's Request for Waiver and Supplement to Request for Wavier.

Releases O

9/14/2000
ERRATA (DA 00-2094)
Errata
This Errata clarifies the geographic licensing schemes used in the auction.

9/14/2000
ERRATA (DA 00-2094)
In the Matter of Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules
This Errata clarifies the geographic licensing schemes used in the auction.

7/28/2000
ERRATA (DA 00-1680)
In the Matter of Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules
This Errata Notice, Section 27.15 is further amended in paragraph (a)(1) by deleting the reference therein to "Section 27.324" and substituting in lieu thereof a reference to "Section 1.948" of this chapter."

3/9/2000
SECOND REPORT AND ORDER (FCC 00-90)
Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules
The Second Report and Order adopts licensing, technical, and operational rules for 6 megahertz of Guard Band spectrum in the 700 MHz bands, and establishes the Guard Band Manager as a new class of commercial licensee that will broker the Guard Band spectrum to make it available to system operators or directly to end users for fixed or mobile communications, consistent with technical restrictions and frequency coordination rules specified for these bands.
See Errata DA 00-1680 issued July 28, 2000
See Errata DA 00-2094 issued September 14, 2000

Releases N

9/21/2000
NEWS RELEASE
700 MHz Guard Band Auction Raises $519,892,575.00
The Upper 700 MHz Guard Bands Auction Closed on September 21, 2000 in round 66 with Net high bids of $519,892,575.
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