PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. 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 97-636 March 27, 1997 AUCTION OF WIRELESS COMMUNICATIONS SERVICE (WCS) Status of Applications to Participate in WCS Auction Report No. AUC-97-14-B (Auction No. 14) The Federal Communications Commission (FCC) has received 43 timely-filed FCC Form 175 applications to participate in Auction No. 14 which begins on Tuesday, April 15, 1997. The auction consists of 128 licenses in the Wireless Communications Service ("WCS"). As explained below, the applications have been reviewed for completeness and compliance with the Commission's rules, and have been classified into the following categories:  ACCEPTED FOR FILING . . . . . . . . . . 27 APPLICATIONS  INCOMPLETE. . . . . . . . . . . . . . . 16 APPLICATIONS Applications classified as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment as discussed below. The upfront payment deadline is 6:00 p.m. ET, April 4, 1997. They need take no further action with respect to their FCC Form 175 applications except as may be necessary to keep their applications up to date. See 47 C.F.R.  1.65 and 1.2106. Applications classified as incomplete are listed alphabetically in Attachment B. Each application will become acceptable for filing only if the applicant (1) resubmits its FCC Form 175 by 5:30 p.m. ET on April 4, 1997, to correct the minor deficiencies indicated, and (2) makes the required upfront payment by 6:00 p.m. ET, April 4, 1997, as discussed below. Applicants must also keep their applications up to date as required. See 47 C.F.R.  1.65 and 1.2106. Waiver requests: Some applications include waiver requests. These applications are indicated by asterisks in Attachment A; acceptance of these applications for filing should not be interpreted as a resolution of the waiver requests. RESUBMISSION Corrected FCC Form 175 applications must be filed no later than 5:30 p.m. ET on April 4, 1997. As with the initial FCC Form 175s filed for this auction, resubmitted applications must be filed electronically. The resubmission period is the only opportunity to cure FCC Form 175 defects. Late resubmissions will not be accepted. As described more fully in the Commission's rules, applicants may make only minor corrections to their FCC Form 175; major modifications (e.g., changing the market selection, changing control of the applicant or changing the certifying official) will not be accepted. See 47 C.F.R.  1.2105 and 27.204(b). UPFRONT PAYMENT DEADLINE Upfront payments and accompanying FCC Remittance Advice (FCC Form 159s) for this auction are due at Mellon Bank, Pittsburgh, Pennsylvania, on April 4 1997. Payments must be by wire transfer and must be received by Mellon Bank by 6:00 ET on the due date. No other upfront payment method is acceptable for this auction. See Tab B of the Bidder Information Package for detailed upfront payment instructions. NOTE: The BNF: FCC/AC number has been changed for the upfront payment. The new number is: BNF: FCC/AC--911-6878. OTHER IMPORTANT INFORMATION  Application Review: Applicants can use the FCC Form 175 review software to review all FCC Form 175s filed for the WCS auction.  Qualified bidders/Upfront payment status: The Bureau will release a public notice following the April 4, 1997 resubmission deadline announcing all qualified bidders and bidding instructions. This public notice will also provide information regarding upfront payment status.  Anti-collusion rule: As of the March 25, 1997 short-form filing deadline, applicants are generally prohibited from communicating with other applicants for the same geographic areas even for different licenses in the same geographic area (e.g., A and B in the same MEA) regarding bids, bidding strategies or settlements. There is an exception, however, where applicants entered into a bidding agreement before the March 25 short-form filing deadline and disclosed the existence of the agreement in the short-form application. In addition, applicants are reminded that they are subject to the antitrust laws, which are designed to prevent anti-competitive behavior in the marketplace such as bid rigging, price fixing and splitting markets. Winning bidders will be required to disclose in their long-form applications (FCC Form 600) the specific terms, conditions and parties involved in all bidding consortia, joint ventures, partnerships and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Any potential antitrust violations will also be enforced. See 47 C.F.R.  1.2105(c), 1.2107(d), 1.2109(d) and 27.204(c).  Ex parte rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R.  1.1208).  Bidder information packages: Applicants who do not yet have the Bidder Information Package for this auction (or need additional copies) can order it by calling the FCC National Call Center at 888-CALL-FCC (225-5322), or download it from the Commission's world wide web internet page at http://www.fcc.gov/auctions.html.  Remote bidding software: Applicants are reminded that bidding for this auction is by electronic means only. Qualified bidders must purchase remote bidding software in order to bid. To ensure timely delivery of remote bidding software before the auction begins, the Commission must receive software orders by 5:30 p.m. ET on Friday, April 4, 1997. An order form is located on page 45 of the Bidder information Package.  Bidding contingency plan: Bidders should develop comprehensive contingency plans they can implement quickly in case they experience difficulty participating in the auction. Unlike previous auctions, there will not be FCC telephone bid assistants that bidders could use to place bids. The FCC will correct any problems within Commission-controlled facilities. Bidders are solely responsible for anticipating and overcoming problems such as bidder computer crashes, local telephone service interruptions, adverse local weather conditions, unavailability of authorized bidders, loss of confidential security codes, etc.  Mock auction: All applicants whose short-form applications have been accepted for filing are eligible to participate in a mock electronic auction beginning on Thursday, April 10, 1997. When software for the mock auction is posted for downloading, its availability will be announced by public notice.  Minimum acceptable bids: There will not be a minimum opening bid for WCS licenses. The specific formula for the minimum bid increment for each license will be explained in a public notice which is scheduled to be released the week of March 31, 1997. For additional information regarding this public notice, please contact Louis Sigalos, Josh Roland or Thomas Horan, Auctions Division, Wireless Telecommunications Bureau, at 202-418-0660. - FCC -