Fact Sheet

Date:

Auction 86 began on 10/27/2009 and closed on 10/30/2009.

Licenses:

78 licenses: 75 licenses covering various Basic Trading Areas (BTAs), including one partial BTA, and 3 licenses covering BRS service areas in the Gulf of Mexico

Bandwidth:

2496-2502, 2602-2615, and 2616-2673.5 MHz (76.5 MHz)

Winning Bidders:
10 Bidders won 61 Licenses
Rounds:
24
Qualified Bidders
16
Licenses Won:
61
Licenses Held by FCC:
17
Total Licenses:
78
Net Bids
$19,426,600
Gross Bids:
$20,701,000

Event Date
Pre-Auction Seminar
Form 175 (Short Form) Application Filing Window Opens
8/5/2009; 12:00 noon ET
Form 175 (Short Form) Application Filing Deadline
8/18/2009; prior to 6:00 p.m. ET
Upfront Payments Deadline
9/24/2009; 6:00 p.m. ET
Mock Auction
10/23/2009
Auction Start
10/27/2009
Auction Closed
10/30/2009
 
The Broadband Radio Service (BRS) licenses to be offered in Auction 86 consist of the available spectrum in 78 BRS service areas. The maximum amount of spectrum that may be available in a given BRS area is 76.5 megahertz. See BRS band plan (pdf). This maximum is not available in all service areas due to the existence of incumbent site-based licensees in the 2496-2690 MHz band. BRS service areas are BTAs or additional service areas similar to BTAs adopted by the Commission. Overlay licenses for 75 of the BTAs originally offered in Auction 6 are available now as a result of default, cancellation, or termination. In one case the available license does not cover the entire BTA due to a previous partitioning. Underlying, pre-existing incumbent BRS licenses within these geographic areas remain intact. This auction will also include three additional licenses for BRS service areas in the Gulf of Mexico. A complete list of licenses available for Auction 86 is included as Attachment A of the Auction 86 Comment Public Notice DA 09-843, released April 24, 2009.
   
All BRS licensees must make a showing of “substantial service” in their licensed area no later than May 1, 2011. Failure by any licensee to meet the requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. See 47 C.F.R. § 27.14(o).
 
See 47 C.F.R. §§ 1.2110(f)(2) and 27.1218. Bidding credits are not cumulative. A qualifying applicant may claim either a 15 percent, 25 percent, or 35 percent bidding credit on its winning bids.
   
Incumbent licenses – The service area for these licenses is a 35-mile circle centered at the station’s reference coordinates, and is bounded by the chord(s) drawn between the intersection points of the licensee’s previous protected service area and those of respective adjacent market, co-channel licensees. See 47 C.F.R. § 27.1206(a)(1). Any licenses granted pursuant to this auction will not include the geographic service areas of any such overlapping, co-channel incumbent licenses. See 47 C.F.R. § 27.1206(a)(2). If an incumbent license cancels or is forfeited, however, the right to operate within that area shall revert to the overlay licensee that holds the license for the BRS service area that encompasses that BTA. See 47 C.F.R. § 27.1206(a)(3).
Previously-awarded geographic area licenses – BRS licenses have previously been awarded through auction (Auction 6) for BTAs other than those in this auction, and the previously-awarded licenses may have since been assigned or partitioned. Such BRS geographic area licenses authorize operation within a BTA and provide the licensee with rights similar to those being offered in Auction 86.
Incumbent and geographic area BRS licenses are entitled to interference protection in accordance with the applicable technical rules. See 47 C.F.R.§§ 27.50-27.66, 27.1221.
Additionally, on the E and F channel groups, grandfathered Educational Broadband Service (“EBS”) licenses originally issued on those channels prior to 1983 may continue to operate indefinitely. Such grandfathered EBS licenses must be protected in accordance with the applicable technical rules. See 47 C.F.R. § 27.1215.
Operations within the 2614-2618 MHz band are secondary to adjacent channel operations. See 47 C.F.R. § 27.1222.
In the 2496-2500 MHz band, BRS licensees must share the band on a co-primary basis with code division multiple access Mobile Satellite Service operators, grandfathered Broadcast Auxiliary Service stations, and grandfathered land mobile and microwave licenses licensed under Parts 90 and 101 of the Commission’s rules, respectively. In addition, the 2400-2500 MHz band is allocated for use by Industrial, Scientific, and Medical equipment under Part 18 of the Commission’s rules.