PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12TH ST, S.W.; TW-A325 WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 01-583 March 5, 2001 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES THE ELECTIONS FOR THE 218-219 MHZ SERVICE In the 218-219 MHz Order, the Federal Communications Commission adopted a restructuring plan for the 218-219 MHz Service. The Commission permitted licensees eligible to participate in the restructuring plan to elect among three options: (i) Reamortization and Resumption of Payments; (ii) Amnesty; or (iii) Prepayment. Under the Reamortization and Resumption of Payments option, the licensee retains one or more of its licenses and remains in the installment payment plan. The loan will be "reamortized" over the remaining term of the license. Under the Amnesty option, the license is returned to the Commission in exchange for debt forgiveness of the outstanding principal balance and all payments due thereon. The Commission retains the down payment. Under the Prepayment option, the licensee may return or retain as many licenses as it wishes. The Prepayment option applies to all of the licenses held by a licensee and cannot be combined with Amnesty or Reamortization/Resumption. Licensees who failed to submit an election with respect to any license by Election Day were placed in the Amnesty category. Licensees eligible to participate in the restructuring plan for the 218-219 MHz Service were required to make an election for each of their licenses on or before January 31, 2001. The license(s) of licensees who elected Amnesty, Prepay-Return, or who failed to make an election cancelled as of January 31, 2001. The elections are listed in Attachment A to this Public Notice. The Commission will also update its licensing records, when applicable, to reflect the address and contact information contained in the elections. Licensees that elected Reamortization and Resumption of payments will be required to execute the following loan documents: (1) Security Agreement; (2) UCC-1 Financing Statement; and (3) Installment Payment Plan Note. The licensee must return the loan documents to the Commission via overnight mail within 48 hours of execution of the loan documents but no later than 10 business days from the licensee's receipt of the loan documents. If the licensee fails to fully execute and return such loan documents within 10 business days of receipt, its license(s) shall automatically cancel, and it shall be subject to debt collection procedures. The resumption date for those licensees that elected Reamortization and Resumption of payments is April 30, 2001. Accordingly, the first installment payment is due on or before April 30, 2001 and the installment payment will include both principal and interest. Under the Part 1 late payment rules for installment payments, licensees will have the option of using two three-month grace periods, subject to late payment fees, if licensees require additional time to submit payment to avoid default. If a licensee fails to make any payment, in accordance with the Commission's rules, it shall be in default, its license shall automatically cancel, and it will be subject to debt collection procedures. Those licensees that elected Prepayment are required to pay the balance of any money owed on the retained license(s) on or before April 30, 2001. There are no three-month grace periods permitted for this payment. However, as the payment consists of the remaining original principal balance owed on the license the licensee may pay the new money payment up to ten (10) days late, subject to a 5 percent late fee. If a licensee electing Prepayment-Retain fails to pay the balance of any money owed on the retained license(s), it shall be in default, its license(s) shall automatically cancel, and it will be subject to debt collection procedures. Attachment B is a list of former licensee(s) and entities who were not eligible to participate in the restructuring plan, but who nevertheless made filings with the Commission. These filings were not accepted as elections. To Obtain Information Web site Documents related to this rule making proceeding and its implementation may be found on the Federal Communications Commission web site located at http://www.fcc.gov/wtb/auctions/218rest/218rest.html. FCC Reference Center Documents related to this rule making proceeding and its implementation may also be examined and copied during normal business hours in the FCC Reference Center, 445 12th Street, S.W. Room CY-A257, Washington, DC 20554, telephone (202) 418-0270. ITS In addition, documents may be purchased from the Commission's copy contractor, ITS, Inc, 445 12th Street, SW, Room CY-B400, Washington, DC 20554 telephone (202) 341-3070. Contacts Questions regarding this Public Notice should be directed to Rita Cookmeyer of the Auctions and Industry Analysis Division at (202) 418-0434 or Jamison Prime of the Public Safety and Private Wireless Division at (202) 418-0680. By the Chief, Wireless Telecommunications Bureau. See In the Matter of Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, 15 FCC Rcd 1497 (1999) ("218-219 MHz Order"). 218-219 MHz Order, 15 FCC Rcd at 1529 54. See Federal Communications Commission Announces Change to The Election Date For 218-219 MHz Service, Public Notice, FCC 00-60 (rel. February 18, 2000) ("Date Change PN"); Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) And Amended Eligibility List For 218-219 MHz Service, Public Notice, DA 01-009 (rel. January 3, 2001) ("Election Date PN"). Licensees were permitted to change their elections until 7 PM on the Election Date. Frequently Asked Questions Regarding the Restructuring Rules for the 218-219 MHz Service, Public Notice, 15 FCC Rcd 7305 (2000) (WTB) ("FAQ PN"). Only the most recent election is listed for each license. See 47 C.F.R.  1.5 (directs each licensee to furnish the Commission with a current address). 218-219 MHz Order, 15 FCC Rcd at 1524-1525 44; 47 C.F.R.  1.2110(g)(4)(iv). Id.; 47 C.F.R.  1.209; 47 C.F.R.  1.2110(g)(4)(iv). Implementation Procedures for the Report and Order and Memorandum Opinion and Order Addressing the 218- 219 MHz Services (Formerly Known as Interactive Video and Data Services (IVDS)), Public Notice, 15 FCC Rcd. 7329 (2000)(WTB)("Implementation PN"); see also FAQ PN, 15 FCC Rcd. 7305. See 218-219 MHz Order 44; 47 C.F.R.  1.2110(g)(4)(i-iv); see also Amendment of Part 1 of the Commission's Rules, Competitive Bidding Procedures, Allocation of Spectrum Below 5GHz Transferred From Federal Government Use, 4660-4685 MHz, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd. 374 106-107 (1997); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT No. 97-82, FCC No. 00-274 (rel. August 14, 2000) ("Order on Reconsideration of the Part 1 Third Report and Order"). 47 C.F.R.  1.2110(g)(4)(iv). 218-219 MHz Order 53. 47 C.F.R.  1.2109(a); see Implementation PN, 15 FCC Rcd. 7329 n. 19 47 C.F.R.  1.2109(a).