Auction 58: Broadband PCS

2 A block licenses
188 C block licenses (includes partial licenses)
11 D block licenses (includes partial licenses)
20 E block licenses (includes partial licenses)
21 F block licenses (includes partial licenses)
242 total licenses

Spectrum:

30 MHz A block license: 1850-1865, 1930-194515 MHz
C block license suffix C1: 1902.5-1910, 1982.5-199015 MHz
C block license suffix C2: 1895-1902.5, 1975-1982.510 MHz
C block license suffix C3: 1895-1900, 1975-198010 MHz
C block license suffix C4: 1900-1905, 1980-198510 MHz
C block license suffix C5: 1905-1910, 1985-199010 MHz
D block license: 1865-1870, 1945-195010 MHz
E block license: 1885-1890, 1965-197010 MHz
F block license suffix F: 1890-1895, 1970-1975

Bandwidth:

See Table Below

Winning Bidders:

24 bidders won 217 licenses

Rounds:

Qualified Bidders:

Licenses Won:

217

Total Licenses:

242

Net Bids:

$2,043,230,450

Gross Bids:

$2,253,802,000

General information and associated licensing parameters are provided below. Public Notices provide specific information regarding this auction. This fact sheet includes:

Key Dates
Licenses Offered and Bidding Eligibility
Permissible Operations
License Period
Eligibility for Closed Bidding
Small Business Bidding Credit Eligibility for Open Bidding
Tribal Land Bidding Credit
Incumbents
Licensing Rules

Key Dates

Event	Date
Pre-Auction Seminar	11/1/2004
Form 175 (Short Form) Application Filing Window Opens	11/16/2004; 9:00 am ET
Form 175 (Short Form) Application Filing Deadline	11/30/2004; 6:00 pm ET
Upfront Payments Deadline	12/29/2004; 6:00 pm ET
Mock Auction	1/21/2005
Auction Start	1/26/2005
Auction Closed	2/15/2005

Licenses Offered and Bidding Eligibility

Auction No. 58 will include a total of 242 licenses in the A, C, D, E, and F blocks of the broadband PCS spectrum. Basic Trading Areas (BTAs) and Major Trading Areas (MTAs) are the geographic method used to assign broadband PCS licenses. The BTAs are divided into two categories: "Tier 1" (comprised of BTAs with populations equal to or greater than 2.5 million) and "Tier 2" (the remaining BTAs). A, D, E, F and certain C block licenses are available to all bidders in "open" bidding, while some C block licenses are available only to entrepreneurs in "closed" bidding (see below for definition of "entrepreneur"). The following table provides a cross-reference for the license block, frequency, bandwidth and general eligibility status. For a complete list of the licenses available in Auction No. 58 and the eligibility status of each license, see Attachment A of Public Notice DA 04-3005 , released September 16, 2004.

Note: In some cases, licenses are available for only part of a market or may not include all of the spectrum associated with a particular frequency block in Auction No. 58. Asterisks (*) indicate that no license of the particular tier/frequency block combination will be available in Auction No. 58. See Attachment A of Public Notice DA 04-3005 to determine which licenses will be offered.

Permissible Operations

Broadband PCS encompasses a variety of mobile and/or portable radio services, using such devices as small, lightweight, multifunction portable phones, portable fax machines, and advanced devices with two-way data capabilities that are competing with existing cellular, paging, and other land mobile services.

License Period

Licenses will be issued for a ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. § 24.16 ).

Eligibility for Closed Bidding

Certain C block licenses will only be available to entrepreneurs in "closed" bidding. In order to qualify as an "entrepreneur," an applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, must have had gross revenues of less than $125 million in each of the last two years and must have less than $500 million in total assets.

Small Business Bidding Credit Eligibility for Open Bidding

Qualifying applicants in Auction No. 58 are eligible for a small or very small business bidding credit on C and F block licenses won in "open" bidding. 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 annual gross revenues for the preceding three years of the applicant, its affiliates, its controlling interests, and the affiliates of its controlling interest:

A bidder with attributable average annual gross revenues of not more than $40 million for the preceding three years ("small business") receives a 15 percent discount on its winning bids for C and F block licenses won in open bidding;
A bidder with attributable average annual gross revenues of not more than $15 million for the preceding three years ("very small business") receives a 25 percent discount on its winning bids for C and F block licenses won in open bidding.
Bidding credits are not cumulative. Qualifying applicants receive either the 15 percent or the 25 percent bidding credit on its winning bid, but only one credit per license. Bidding credits are not provided for licenses subject to closed bidding or for A, D, and E block licenses.

Tribal Land Bidding Credit

A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. §§ 1.2107(e) and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit.

Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In order for a winning bidder to be awarded a tribal land bidding credit, it must provide specific certifications regarding the servicing of tribal lands and is subject to specific performance criteria as set forth in 47 C.F.R. § 1.2110(f).

Additional information on the tribal land bidding credit, including how the amount of the credit is calculated, can be found on the Commission's web site by going to Tribal Land Credits.

Incumbents

All licensees are required to coordinate their frequency usage with the co-channel or adjacent channel incumbent fixed microwave licensees in the 1850-1990 MHz band.

Licensing Rules

47 C.F.R. Part 24

Releases P

2/18/2005
PUBLIC NOTICE (DA 05-459)
Broadband PCS Spectrum Auction Closes; Winning Bidders Announced for Auction No. 58
This Public Notice Announces the Winning Bidders for Auction No. 58, Down Payments due March 7, 2005, FCC Forms 601 and 602 due March 7, 2005, Final Payments due March 21, 2005, and Ten-Day Petition to Deny Period.

1/11/2005
PUBLIC NOTICE (DA 05-51)
Broadband PCS Spectrum Auction - 35 Bidders Qualified to Participate in Auction No. 58

12/16/2004
PUBLIC NOTICE (DA 04-3918)
Auction of Broadband PCS Spectrum ? Status of FCC Form 175 Applications to Participate in Auction No. 58
The FCC received 49 FCC Form 175 (short-form) applications to participate in the upcoming auction of 242 broadband PCS licenses ("Auction No. 58") scheduled to begin on Wednesday, January 26, 2005.

11/23/2004
PUBLIC NOTICE (DA 04-3677)
WTB Reminder of Anti-Collusion Rule Obligations
WTB reminds prospective Auction No. 58 applicants of the need to comply with the Anti-Collusion Rule, Section 1.2105(c).

10/29/2004
PUBLIC NOTICE (DA 04-3491)
WTB Reminds Prospective Broadband PCS Spectrum Auction Applicants of Default and Delinquency Disclosure Requirements
This public notice provides information on compliance with the default and delinquency disclosure requirements for Auction No. 58 applicants.

10/15/2004
PUBLIC NOTICE (DA 04-3270)
Broadband PCS Spectrum Auction Start Date Rescheduled for January 26, 2005; New Pre-Auction Dates and Deadlines Established for Auction No. 58
Due to the Commission's decision in the MO&O (FCC 04-249) released today, October 15, 2004, the WTB is rescheduling the start date, pre-auction dates and deadlines for Auction No. 58.

9/16/2004
PUBLIC NOTICE (DA 04-3005)
Broadband PCS Spectrum Auction Scheduled for January 12, 2005; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 58
Ex Parte Filed: CTIA (pdf)

8/3/2004
PUBLIC NOTICE (DA 04-2451)
Revised Inventory for Broadband PCS Spectrum Auction
Comment sought on reserve prices or minimum opening bids and other auction procedures.

6/21/2004
ERRATUM
Erratum to Broadband PCS Spectrum Auction Scheduled for January 12, 2005; Correction to Formulas for Upfront Payments and Minimum Opening Bids
This Public Notice corrects the formulas for the proposed upfront payments and minimum opening bids in the Auction No. 58 Comment Public Notice.
pdf - Word
See Public Notice DA 04-1639

6/18/2004
PUBLIC NOTICE (DA 04-1639)
Broadband PCS Spectrum Auction Scheduled for January 12, 2005; Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures
This Public Notice announces the auction of 234 broadband Personal Communications Service licenses scheduled to begin on January 12, 2005 (Auction No. 58).

Comments Filed:
3G PCS, LLC: pdf
Alta Communications: pdf
American Women in Radio and Television, Inc.: pdf
Arctic Slope Regional Corporation: pdf
Catalyst Investors: pdf
Coloma Spectrum, LLC: pdf
Council Tree Communications, Inc.: pdf
CTIA- the Wireless Association: pdf
Designated Entity Program Supporters: pdf
Dobson Communications Corporation: pdf
Doyon, Limited: pdf
Highland Cellular LLC: pdf
Madison Dearborn Partners, LLC: pdf
Maxicom PCS, LLC: pdf
Media Venture Partners: pdf
Northstar Technology, LLC: pdf
- Northstar Technology, LLC Request to Rescind Comments (7/9/2004): pdf
Rural Telecommunications Group, Inc.: pdf
Verizon Wireless: pdf
Vincent D. McBride and Scott D. Reiter: pdf

Petitions Filed:
CTIA - Petition: pdf
Verizon Wireless - Petition: pdf

Reply Comments Filed:
Council Tree Communications, Inc.: pdf
CTIA - the Wireless Association: pdf
Designated Entity Program Supporters: pdf
QUALCOMM Inc.: pdf
T-Mobile: pdf

Releases L

8/30/2007
LETTER (DA 07-3803)
Punxsutawney Communications, LLC
Assessed the final bid withdrawal payment obligation of Punxsutawney for Auction No. 58

8/30/2007
LETTER (DA 07-3802)
Spotlight Media Corp., Inc.
Assessed the final bid withdrawal payment obligation of Spotlight Media Corp., Inc. for Auction No. 58

9/9/2005
LETTER (DA 05-2437)
Petition for Reconsideration of Auction No. 58 Qualified Bidders Public Notice
Letter to Petitioner denying Petition for Reconsideration of the Commission's Public Notice announcing which applicants were qualified to bid in Auction No. 58
See DA 05-51

5/12/2005
LETTER (DA 05-1343)
To Mr. Ameer X. Flippin: FCC Form 601 Filing Ex Parte Motion and Petition to Deny Against Certain FCC Form 601 Long-Form Applications Filed in Auction No. 58
Ex Parte Motion and Petition to Deny against certain FCC form 601 long form applications filed in auction 58

1/25/2005
LETTER (DA-05-173)
Request for Extensions of Time to File a Short-Form Application, to Submit an Upfront Payment and to Postpone Auction No. 58
Letter denying request for extensions of time to file a short-form application, to submit an upfront payment and to postpone Auction No. 58.

12/30/2004
LETTER (DA 04-4067)
Cleartone Corp. Request for Waiver and Leave to Amend FCC Form 175 in Auction No. 58
This letter memorializes our telephone conversation of December 28, 2004 and the basis for our decision regarding the request you submitted dated December 8, 2004, on behalf of Cleartone Corp.

12/13/2004
LETTER (DA 04-3884)
Letter to Janet Fitzpatrick Moran, Esq. (Wirefree Partners, Inc.) Re: Request to Modify Post-Auction Payment Procedures for Auction No. 58
This letter denies the November 19, 2004 request of Wirefree Partners, Inc., seeking an extenion of the FCC's final payment deadline for licenses that may be won in Auction No. 58.

11/23/2004
LETTER (DA 04-3685)
Letter to Cheryl A. Tritt, Esq.; Re: Expedited Clarification of Sections 1,2105(a) and 1.2106(a) of the Commission's Rules
The FCC responds to a request to clarify on an expedited basis the term "debt" or "non-tax debt" as referenced in Sections 1.2105(a) and 1.2106(a) of the rules.

Releases O

10/15/2004
MEMORANDUM OPINION AND ORDER (FCC 04-249)
Eligibility Restrictions on C Block Licenses in the Broadband Personal Communication Services
This MO&O dismisses the petition for reconsideration filed by Verizon Wireless, denies the petition for rulemaking and request for waiver filed by CTIA, and denies the request for waiver filed by Dobson Communications Corporation.

Releases N

2/16/2005
News Release
Broadband PCS Spectrum Auction Closes, Raising Over $2 Billion
pdf - Word