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 97-886 April 28, 1997 WCS Auction Closes WINNING BIDDERS IN THE AUCTION OF 128 WIRELESS COMMUNICATIONS SERVICE LICENSES FCC Form 600s Due May 12, 1997 Report No. AUC-97-14-E (Auction No. 14) On April 25, 1997 the Federal Communications Commission completed its auction of 128 licenses of the Wireless Communications Service (WCS) in the 2 GHz band, raising a net total of $13,638,940 for the U.S. Treasury. Each of the 17 winning bidders is listed in Attachment A. This public notice provides detailed information concerning winning bidders, down payments, bid withdrawal and default payments, FCC Form 600 filing requirements, requests for waiver and licensing matters. Key information appears in the following attachments: Attachment A: Lists the winning bidders, the licenses won by each winning bidder and the net high winning bid amount. Attachment B: Lists the down payments owed by winning bidders based on down payments and withdrawn bid payments. Attachment C: Lists withdrawn bid payments owed by all bidders. Attachment D: Provides detailed information about how winning bidders should complete their required FCC Form 600 license applications. Attachment E: Provides instructions for downloading free software to file the FCC Form 600 electronically. Bidders should note that this auction involves rules and procedures different in some respects from those used in previous Commission auctions. Bidders should read this entire public notice carefully and familiarize themselves with these rules, orders and other pertinent FCC requirements. See Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service ("WCS"), Report and Order, FCC 97-50, 62 Fed. Reg. 9636 (1997); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, Report and Order, WT Docket No. 97-82, 62 Fed. Reg. 13,570 (1997). Down payments. The Commission's rules require that within ten business days after the Commission gives public notice, bidders must have on deposit with Mellon Bank in Pittsburgh, Pennsylvania, enough funds to cover all required (1) down payments on winning bids and (2) payments for withdrawn bids. In the WCS auction, each bidder's upfront payments cover the required total of its down payments and withdrawn bid payments. Accordingly, no down payments or FCC Form 159s are necessary at this time. Withdrawn bid payments. To prevent insincere bidding, the Commission adopted bid withdrawal payments for bidders who withdrew bids during the course of an auction. The withdrawal payments are listed in the last column of Attachment C. As a general rule the bid withdrawal payment is either (1) the difference between the net withdrawn bid and the subsequent net winning bid, or (2) the difference between the gross withdrawn bid and the subsequent gross winning bid for that license, whichever is less. In those cases where the amount of the withdrawal payment cannot yet be determined because there was no winning bid, the withdrawing bidder is required to make a three percent deposit of the net amount bid on the license(s); when it becomes possible to calculate and assess the payment, we will notify these bidders. See Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5563 at n.51 (1994); see also C.H. PCS, Inc., DA 96-1825 (rel. Nov. 4, 1996) (requiring a three percent deposit). A bidder's upfront payment will be applied toward its withdrawn bid payment. Refund of excess upfront payments. Upfront monies on deposit which are in excess of the required down payment and withdrawal payment amounts will be refunded to the payor of record. Refunds will be processed promptly and automatically. Bidders who prefer refunds to be sent by wire transfer must fax the necessary wire transfer instructions to Regina Dorsey or Linwood Jenkins at 202-418-2843. Any questions concerning refunds should be referred to Regina Dorsey or Linwood Jenkins at 202-418-1995. FCC FORM 600 By 5:30 Eastern Time p.m. on May 12, 1997, winning bidders must submit a completed long-form license application or applications covering each license for which they were the winning high bidder. Applications may be filed either electronically or manually, though we encourage electronic filing. Attachment D sets out instructions for completing the FCC Form 600. Electronic filing. Detailed instructions for downloading the software necessary to file the Form 600 electronically are set out in Attachment E. Electronic filers should choose the two-letter code WS from the list of radio service codes. Electronic filers applying for multiple licenses are not required to submit applications for each market if all filing requirements associated with the application (the ownership worksheet, all ownership and eligibility attachments, and waiver requests) are identical except for the market designator, channel block and market name. Under these circumstances, applicants may submit one FCC Form 600 Main Form and Schedule A. On Schedule A, applicants must select the numerically lowest MEA market designator. If an applicant is applying for REAGs only, the applicant must select the lowest REAG market designator (Item A2 on the Schedule A), the corresponding channel block (Item A3) and market name (Item A5), and file an additional exhibit under the "Attachment" tab labeled "Exhibit J: Market Designator" for the additional licenses. This exhibit should contain all the additional market designators and channel blocks (other than the market designator and channel block already indicated in Items A2 and A3) that the application covers. Example: A winning bidder for four licenses (ME01, Block B, Boston, MA; ME11, Block A, Miami, FL; ME40, Block B, Phoenix, AZ; and RE01 Block D, Northeast) with identical required filings would insert the lowest MEA market designator in Item A2 (ME01), one channel block in Item A3 (B), and one market name in Item A5 (Boston, MA). In Exhibit J the winning bidder would provide the market number designators with the channel block for the additional licenses using the following format: ME11A,ME40B,RE01D Note: This data string is computer-read to link an applicant's FCC Form 600 to all the licenses in which it is applying. To ensure that the data is read correctly, applicants should submit their data as requested and without any additional text. Electronic filers whose ownership, eligibility, and waiver filings are identical for some licenses but different for others may utilize this streamlined filing procedure only for those licenses that have identical filing information. For those licenses with unique filings, electronic filers must submit a separate application. Electronic filers should upload each exhibit to the FCC Form 600 Main Form separately. That is, electronic filers should label each ownership and eligibility exhibit (as described below) and upload it into the "Attachments" tab as a separate ASCII text (.TXT) file. If applicable, electronic filers should upload waiver requests into the "Waiver" tab. Applicants should not use the "Divestiture" tab. Manual filing. Manual filers must submit a separate FCC Form 600 Main Form, Schedule A and required exhibit information for each license on which they are the high bidder. Manual filers must complete the FCC Form 600 Main Form and Schedule A and attach any exhibits. Manual filers are requested to submit a "clean" (i.e., without lines, markings, footnotes, tables, charts, etc.) original application which does not contain any information in spreadsheet format. Manual filers must mail or deliver the original application to: Federal Communications Commission Wireless Telecommunications Bureau 1270 Fairfield Road Gettysburg, PA 17325 Attn: WCS Processing Section Note: Applications should not be filed with the Office of the Secretary in Washington, D.C. Copies of the FCC Form 600 can be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington area). Copies of the FCC Form 600 can also be obtained via the Internet and by Fax-On-Demand. If applicants have any questions concerning availability of the FCC Form 600, they should call the FCC Records Management Branch at 202-418-0210. All manually filed FCC Form 600s shall be submitted on one original paper copy and with a 3.5-inch floppy disk containing all attachments, and any other supporting documentation in separate ACSII text (.TXT) file formats. See 47 C.F.R.  27.304. When converting word processing files to ASCII text format, formatting is often lost. For example, the conversion frequently results in the deletion of text in footnotes. Manual filers should therefore review each exhibit file to ensure that the information contained in the exhibit is complete. Failure to sign a manually-filed FCC Form 600 will result in dismissal of the application. Only original signatures will be accepted for manually-filed applications. Application processing and grant. Within five business days after the Commission gives public notice that the FCC Form 600s are acceptable for filing, petitions to deny may be filed. An applicant may file an opposition to any petitions to deny within five business days after the deadline for filing petitions to deny. After the FCC reviews an applicant's FCC Form 600 and any associated filings, a determination will be made as to whether there are any reasons why the license should not be granted. If there are none, the Commission will issue a public notice announcing that it is prepared to grant the license, conditioned on an applicant's timely payment of the remaining balance(s) of its winning bids within ten business days of the issuance of the Commission's public notice. See 47 C.F.R.  27.208(a). Bidder default. If a winning bidder fails to submit the remaining balance by the payment deadline, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be subject to the default payment specified in 47 C.F.R.  27.203(b). See also Public Notice, "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules," DA 96-481 (rel. April 4, 1996). Specifically, the defaulting bidder will be required to reimburse the Commission the amount of the difference between its net winning bid and the amount of the winning bid the next time the license is offered, if the subsequent winning bid is lower. In addition, defaulting winning bidders will be subject to a default payment of three percent of the subsequent winning bid or three percent of the defaulting bid, whichever is less. See 47 C.F.R.  27.203(b). Anti-collusion rules. To ensure the integrity of its auctions, the Commission's anti-collusion rules generally prohibit bidders for the same MEA or REAG from discussing bids or bidding strategies during the course of the auction. The prohibition begins when short-form applications to participate in the auction are filed; it ends when the winning bidders submit their down payments. Because the upfront payments of all winning bidders are sufficient to cover their required down payments and withdrawn bid payments, we will consider the anti-collusion prohibition to be lifted upon release of this public notice. See 47 C.F.R  1.2105(c). For further information, contact: News Media: Audrey Spivack at 202-418-0654 Auctions Technical Support Hotline: 202-414-1250 Office of the Managing Director (down payment and refund questions): Regina Dorsey or Linwood Jenkins at 202-418-1995 Wireless Telecommunications Bureau, Auctions: Josh Roland or Matthew Moses at 202-418-0660 Wireless Telecommunications Bureau, Commercial Wireless (FCC Form 600 questions): Tania Hanna, Zenji Nakazawa or Kelly Quinn at 202-418-0620 - FCC - Attachment D INSTRUCTIONS FOR COMPLETING FCC FORM 600 FCC Form 600: General Requirements In completing the FCC Form 600 either electronically or manually applicants are encouraged to use the format below in submitting the information required by our rules as exhibits. Although the suggested organizational approach is discretionary, submission of the materials in the manner described below should expedite the processing of the FCC Form 600. Applicants bear full responsibility for submission of timely and complete FCC Form 600 applications. Applicants should read the instructions on the FCC Form 600 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 600 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R.  27.311. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R.  1.65. An applicant that fails to submit the required FCC Form 600 application by May 12, 1997, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R.  27.203. Frivolous Pleadings Pursuant to 47 C.F.R.  1.52, the Commission reminds parties to our proceedings and their attorneys that the Commission intends to fully utilize its authority to discourage and deter the filing of frivolous pleadings. See Public Notice, "Commission Taking Tough Measures Against Frivolous Pleadings," FCC 96-42 (rel. Feb. 9, 1996). Organization of Application and Exhibits Main Form and Schedule A The FCC Form 600 Main Form should be completed in its entirety, except for questions 22 through 25 and question 27, as they do not apply. For question 26 on the main form, applicants should input "WS" as the FCC radio service code. However, filers need to complete only Items A1, A2, A3 and A5 on Schedule A of the FCC Form 600, as follows:  Complete Item A1 ("Purpose of Filing") by entering "A" to request an initial authorization for a new system or station.  Complete Item A2 ("Market Designator") with the MEA or REAG number of the market. Electronic filers should note that the electronic filing software contains a long list of geographic license areas which includes other areas in addition to MEAs and REAGs. Applicants should choose the MEA or REAG, which are found at the end of the list of markets, corresponding to the market name.  Complete Item A3 ("Channel Block") with the letter "A," "B," "C," or "D" for the A, B, C, or D block.  Item A5 ("Market Name") should be the market name (for electronic filers, Item A5 will be filled in automatically after Item A2 is completed). EXAMPLE: An applicant for the Atlanta would insert "ME08" into Item A2 and "Atlanta, GA" into Item A5.  Applicants should ignore Items A4 ("Sub-Market Designator") and A6 through A12 ("Control Points" information). Main Form-Related Exhibits Any exhibits to be attached to an application in response to a question on the FCC Form 600 Main Form or on Schedule A should be identified as specified in the instructions to the FCC Form 600. Please attach those exhibits immediately behind the FCC Form 600 and the Schedule A. Electronic filers should use the attachment icons provided within the electronic filing software to submit these attachments. Where a question on the FCC Form 600 requires the filing of an exhibit, electronic filers should use the attachment icons provided next to the question responses. Rule-Related Exhibits Any exhibits to be attached to an application as a result of our rule requirements should follow any FCC Form 600 Main Form or Schedule A exhibits. Please order and identify these exhibits as follows: Title Required From Exhibit A: Direct Ownership All Applicants Exhibit B: Indirect Ownership All Applicants Exhibit C: Ownership All Applicants Exhibit D: Designated Entities Designated Entity Applicants Exhibit E: Subsidiaries If Applicable Exhibit F: Affiliates If Applicable Exhibit G: Foreign Ownership All Applicants Exhibit H: Agreements & Other Instruments If Applicable Exhibit I: Confidentiality Requests If Applicable Exhibit J: Market Designator If Applicable-Electronic Filers Only Exhibit K: Service Profile All Applicants Waiver Requests If Applicable As specified in the instructions to the FCC Form 600, each page of each exhibit must be identified with the number or letter of the exhibit, the number of the page of the exhibit, and the total number of pages of the exhibit. Electronic filers should use the "Attachments" tab for each of these exhibits. There should be a separate attachment file for each electronically-submitted exhibit. That is, electronic filers should label each ownership and eligibility exhibit (as described below) and upload it into the "Attachments" tab as a separate ASCII text (.TXT) file. If applicable, electronic filers should upload waiver requests into the "Waiver" tab. I. Applicant Identity and Ownership Information Background Section 27.307 of the Commission's rules requires each applicant to make full and complete disclosure with regard to the real party or parties in interest and as to all matters required to be disclosed by the application form. Section 27.307(a)(1) of the Commission's rules also requires the disclosure of information concerning interests of five percent or more in any FCC-regulated businesses held by an officer, director, attributable stockholder or key management personnel of the applicant. See Erratum to Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service ("WCS"), GN Docket 96-228, FCC 97-50 (released March 21, 1997). Applicants should attach the information, certified as truthful, that is required pursuant to 47 C.F.R.  27.307(a)(1)-(4), concerning the identity of the applicant (i.e., real party- or parties-in-interest) and ownership interests held in the applicant and in investors in the applicant. Please clearly label additional pages to indicate the Exhibit and Item number to which those pages relate. Electronic filers should complete the "ownership worksheet" provided with the electronic filing software to accurately describe key information about direct and indirect ownership. Exhibit A: Direct Ownership First, attach and label as "Exhibit A: Direct Ownership" a document or series of documents that identifies all persons or entities that directly hold a five percent or more interest in the applicant. For each five percent interest holder listed, applicants should provide the following information: Item (1) Name and address: Identify the name and address of the interest holder. If the interest holder is an individual, provide the name and address of that person, and indicate whether the interest holder is a partner, officer, director, or key manager (e.g., CEO, General Manager) of the applicant. If the interest holder is a corporation, provide the name and address of the corporate office and the name and title of an officer, director or authorized contact. If the interest holder is a partnership, provide the name and address of all partners, or the name, title and address of an authorized contact for the partnership. Item (2) Principal Business: Describe the interest holder's principal business. Item (3) Relationship to Other Interest Holder: Indicate whether the interest holder is related to any other five percent interest holder by blood or marriage, and provide the name of the related interest holder. Item (4) Percentage Held: Specify the percentage interest held in the applicant based on any combined holdings. Item (5) Amount Held: Specify the amount held (e.g., number of shares of stock) for each type of interest specified. Item (6) Type of Interest Held: Indicate whether the interest held is in the form of stocks, bonds, warrants, partnership, etc. If interests are held in stock, specify the class of stock and any voting rights associated with the stock. If the interests are held in a partnership, indicate whether the interests are limited or general partnership interests. Item (7) Held on Behalf of: If an interest is held in trust, or on behalf of another person or entity, identify the party for whom the interest is held. Item (8) Citizenship: Indicate whether the interest holder is a U.S citizen or U.S. corporation. If the interest holder is a partnership, indicate whether each partner is a U.S. citizen. If the interest holder is not a U.S. citizen, indicate the holder's citizenship. Applicants should list all foreign partners regardless of whether they are general or limited partners, except that applicants need not list a limited partner: (1) whose level of ownership in the licensee does not exceed the level allowed by Section 310(b) of the Communications Act of 1934, as amended; and (2) who is "insulated" from the management and control of the partnership. See Wilner and Scheiner, 103 FCC 2d 511 (1985), recon. granted in part, 1 FCC Rcd 12 (1986); Implementation of Sections 3(n) and 332 of the Communications Act - Regulatory Treatment of Mobile Services, GN Docket No. 93-252, First Report and Order, 9 FCC Rcd 1056 (1994) at  9 and n.13; see also Amendment of the Commission's Rules to Implement Section 403(k) of the Telecommunications Act of 1996 - Citizenship Requirements, Order, 11 FCC Rcd 13072,  7 (1996). Also, if an interest holder is an alien, check your response to Items 29-33 on the main FCC Form 600. Applicants should note that a certification regarding compliance with foreign ownership restrictions is required in Exhibit G. See 47 C.F.R.  27.12. Exhibit B: Indirect Ownership Second, attach and label as "Exhibit B: Indirect Ownership" a document or series of documents that identifies all persons or entities that indirectly hold a five percent or more interest in the applicant. For each person or entity listed, provide the same information listed in Items (1)-(8) above as is requested for direct interests. In addition, create a new Item (9) category as explained below: Item (9) Intervening Interests: Indirect interests can also be held through intervening corporations and other entities. For each indirect interest holder, specify the intervening corporations or other entities from which the indirect five-percent or more interest in the applicant is derived. In calculating the percentage of indirect ownership in Item (4), be sure to use a multiplier. See 47 C.F.R.  20.6(d)(8). Exhibit C: Ownership Third, attach and label as "Exhibit C: Ownership" a list of partners, officers, directors and key management personnel of the applicant if not otherwise listed in Ownership Exhibit A. Exhibit D: Designated Entities Pursuant to Section 27.209, small businesses and very small businesses are eligible for bidding credits of 25 percent and 35 percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Section 27.210(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit D. If applying for a bidding credit, attach and label as "Exhibit D: Designated Entities" a document or series of documents that certifies as truthful the gross revenues for each of the last three years of the applicant, its affiliates, persons or entities that hold attributable interests in the applicant and their affiliates. Each applicant that does not otherwise use audited financial statements must provide a certification from its chief financial officer that the gross revenue and asset figures indicated in its FCC Forms 175 and 600 applications are true, full, and accurate, and that the applicant does not have the audited financial statements that are otherwise required under our rules. See 47 C.F.R.  27.210(c). Identify the applicant's claimed eligibility status and provide the requisite information demonstrating such status as indicated in the following instructions: Small Business Applicants claiming status as a small business must compute gross revenues in accordance with 47 C.F.R.  27.210(b)(1) to demonstrate status as a small business under our rules. A small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $40 million for the preceding three years. Gross revenues for each year should be separately identified and followed by the computed average total gross revenues over those years. For purposes of determining whether an entity meets $40 million average annual gross revenues size, the gross revenues of the entity, its affiliates, persons or entities holding interests in the entity and their affiliates shall be considered on a cumulative basis and aggregated subject to the exceptions set forth in Section 27.210(b)(3). The status of the applicant as a minority-owned or women-owned business also is requested, but for statistical purposes only. Very Small Businesses Applicants claiming status as a very small business must compute gross revenues in accordance with 47 C.F.R.  27.210(b)(2) to demonstrate status as a very small business under our rules. A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $15 million for the preceding three years. Gross revenues for each year should be separately identified and followed by the computed average total gross revenues over those years. For purposes of determining whether an entity meets $15 million average annual gross revenues size, the gross revenues of the entity, its affiliates, persons or entities holding interests in the entity and their affiliates shall be considered on a cumulative basis and aggregated, subject to the exceptions set forth in Section 27.210(b)(3). The status of the applicant as a minority-owned or women-owned business also is requested, but for statistical purposes only. Small Business & Very Small Business Consortia For those applicants that applied as small business consortia or a very small business consortia as defined in 47 C.F.R.  27.210(b)(4), the following information must be submitted for each small or very small business in the consortium: Item (1) Gross revenues: Compute and indicate gross revenues as per our instructions outlined above. However, for applicants who applied as small business or very small business consortia, the gross revenues of each small or very small business shall not be aggregated. That is, each business entity comprising the small or very small business consortia must qualify and show gross revenues separately. See 47 C.F.R.  27.210(b)(4). Exhibit E: Subsidiaries Pursuant to 27.307(a)(1), attach and label as "Exhibit E: Subsidiaries" a document or series of documents that identifies all subsidiaries of the applicant, if any. A subsidiary is an FCC-regulated business five percent or more of whose stock, warrants, options or debt securities are owned by the applicant or an officer, director, stockholder or key management personnel of the applicant. For each subsidiary, applicants should provide the following information: Item (1) Name and address: Identify the name and address of the subsidiary. Item (2) Principal Business: Describe the subsidiary's principal business. Item (3) Relationship to the Applicant: Describe the subsidiary's relationship to the applicant. Exhibit F: Affiliates Pursuant to 47 C.F.R.  27.307(a)(2), applicants should attach and label as "Exhibit F: Affiliates" a document which contains the following information for all affiliates, if applicable: Item (1) Identification: Name all affiliates of the applicant. An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant if such individual or entity: (1) directly or indirectly controls or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R.  27.210(d) . Item (2) Nature of Control: Provide information regarding the nature of control of each affiliate. See 47 C.F.R.  27.210(d)(2). Item (3) Identity of Interest: Provide a description of each affiliate's identity of interest (e.g., spousal affiliation, affiliation through stock ownership, affiliation through common management, etc.) See 47 C.F.R.  27.210 (d)(3)-(10). Exhibit G: Foreign Ownership Attach and label as "Exhibit G: Foreign Ownership" a document that certifies that the applicant complies with the foreign ownership limitations specified in 47 U.S.C.  310. See 47 C.F.R.  27.12. For every foreign owner, applicants should provide the following information: Item (1) Percentage of Interest: Identify each foreign owner's percentage of ownership in the applicant. Item (2) Country of Origin and Address: List each foreign owner's country of origin and address. II. Exhibit H: Agreements & Other Instruments Applicants should attach and label as "Exhibit H: Agreements and Other Instruments" a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnerships or other agreement or arrangement into which the applicant has entered relating to the competitive bidding process prior to the time the bidding was completed. See 47 C.F.R.  27.206. To comply with this requirement, applicants can either submit the agreements themselves, or can submit a detailed description of those agreements with proprietary information excluded. If applicants choose to submit the agreements, they can redact proprietary information or can seek confidentiality for those documents pursuant to Section 0.459 of the Commission's Rules (see discussion of confidentiality requests under "Confidentiality Requests" below). III. Exhibit I: Confidentiality Requests Applicants should be aware that all information required by the Commission's rules in connection with applications to participate in spectrum auctions is necessary to determine the applicants' qualifications and, as such, will be available for public inspection. Required proprietary information may be redacted, and confidentiality can be sought pursuant to 47 C.F.R.  0.459. Applicants requesting confidential treatment for any information required as a condition to participate in the auction must follow the procedures set out in 47 C.F.R.  0.459. If an applicant has sought confidential treatment of any information, it should attach and label as "Exhibit I: Confidentiality Requests" a statement which references the request; otherwise Exhibit I should be omitted. Any such requests must be manually submitted, even if the winning bidder chooses to file electronically. If filing electronically, the winning bidder must indicate in Exhibit I that it has a confidentiality request on file. Because the required information bears on an applicant's qualifications, the Commission envisions that confidentiality requests will not be routinely granted. An applicant's request for confidentiality must include a demonstration that it would suffer substantial competitive harm from the public disclosure of the confidential information. IV. Exhibit J: Market Designator Only electronic filers submitting single applications for multiple markets should attach and label as "Exhibit J: Market Designator" a list of the additional market designators (other than the market already listed in Schedule A) that the single application covers. This exhibit should not include the market name(s) associated with the market designator(s). Note: This data string is computer-read to link an applicant's FCC Form 600 to all the licenses for which it is applying. To ensure that the data is read correctly, applicants should submit their data as requested and without any additional text. V. Exhibit K: Service Profile Applicants should attach and label as "Exhibit K: Service Profile" the following information identifying the type of service(s) the applicant will provide: Item (1) Common Carrier: State whether the applicant will be a common carrier, non-common carrier, or both. Item (2) Service: Identify whether the applicant will be providing fixed, mobile, fixed and mobile, satellite (sound) or radiolocation services. VI. Waivers Requests In the event a winning bidder wishes to file a request for waiver, all such requests should be filed with the corresponding application as "Waiver Requests." Winning bidders filing electronically should upload their waiver requests using the "Waiver" tab. Manual filers should attach a copy of waiver requests at the end of their FCC Form 600. Waiver requests filed after the submission of the FCC Form 600 may result in a delay of the processing of the application. If a request for waiver is filed separately from the FCC Form 600, such request must reference the corresponding application. Attachment E INSTRUCTIONS FOR DOWNLOADING AND INSTALLING THE FCC ELECTRONIC FILING/APPLICATION REVIEW SOFTWARE Those applicants who wish to file their FCC application electronically or view other FCC applications on-line will need the following hardware and software: Hardware Requirements: o CPU: Intel 80486 or above (Pentium recommended) o RAM: 16MB RAM (more recommended if you intend to open multiple applications) o Hard Disk: 18MB available disk space* o 1.44MB 3.5" Floppy Drive (to install the remote system) o Five blank MS-DOS formatted 3.5" 1.44MB floppy disks o Modem: v.32bis 14.4kbps Hayes compatible modem o Monitor: VGA or above o Mouse or other pointing device * Additional disk space may be required if a large number of applications are stored in your local database. Software Requirements: The software for filing the FCC Form 600 electronically will be available for downloading by 5:30 Eastern Time p.m. on April 29, 1997. o FCC Electronic Filing/Application Review Software (available through the Internet and the FCC Bulletin Board System) o Microsoft Windows 3.1 or Microsoft Windows for Workgroups v3.11 Note: The FCC Electronic Filing/Application Review Software has not been tested in a Macintosh, OS/2, or Windows95 environment. Therefore, the FCC will not support operating systems other than Microsoft Windows 3.1 or Microsoft Windows for Workgroups v3.11. This includes any other emulated Windows environment. If your Windows is in a networked environment, you should check with your local network administrator for any potential conflicts with the PPP (Point-to-Point Protocol) Dialer that is incorporated into the Electronic Filing/Application Review Software. This usually includes any TCP/IP installed network protocol. The PPP Dialer that is incorporated into the FCC Electronic Filing/Application Review Software will establish a point-to-point connection from your PC to the FCC Network. THIS POINT-TO-POINT CONNECTION IS NOT ROUTED THROUGH THE INTERNET. Applicants who wish to file their FCC applications electronically or who wish to view other applicants' applications must first download the software from either the Internet or the FCC Bulletin Board System (File Name: EFRV13G.EXE). Internet Access: In order to download the compressed file from the Internet, you will need to have access to the Internet and an ftp client software as follows: o World Wide Web: http://www.fcc.gov/wtb/efrv13g.exe Direct links to the compressed file have been created from the Commercial Wireless Page and the Electronic Filing Page which can be reached from the FCC Home Page (http://www.fcc.gov). Dial-In Access to the FCC Auction Bulletin Board System (BBS): The FCC Auction Bulletin Board System provides dial-in access for the FCC Electronic Filing/Application Review Software. In order to access the FCC Auction BBS, use a communications package that can handle at least xmodem protocol (e.g., pcAnyWhere, Telix, Procomm) to dial in to (202) 682-5851. Use the settings of 8 data bits, no parity and 1 stop bit (8,N,1). o For new users follow steps 1-5, otherwise go to step 6 in the ANSI Protocol Instructions section or the Non-ANSI Protocol Instructions section (whichever is applicable): 1. Type New and press [Enter]. If the word ANSI is blinking, type Y for yes. If the word ANSI is not blinking, type N for No 2. Type in your first and last name and press [Enter]. This will be your login name 3. Type in Y and press [Enter] when asked to verify your login name 4. Type in what you want your password to be and press [Enter] 5. Retype the password for verification and press [Enter] o ANSI Protocol Instructions (once the account is generated): 6. Type F for Long Form Application and press [Enter] 7. Type C for Current Library and press [Enter] 8. Move the cursor to the file named EFRV13G.EXE and type [Control]-D (hold the Ctrl key down and press the D key) for Download and press [Enter] 9. Type the letter representing the transfer protocol desired and press [Enter]. How the file is downloaded and where it gets downloaded depends on the transfer protocol package used. 10. The FCC Auction BBS will begin transferring the file. You may need to give your terminal emulation software a command to receive the file; please consult your terminal emulation software manual for instructions concerning how to do so. 11. Type X to return to the Programs menu, then type X again. Type X to Exit and press [Enter] and continue to do so until asked if you want to Exit the BBS. Press Y for Yes when asked to verify that you want to exit. o Non-ANSI Protocol Instructions (once the account is generated): 6. Type F for Long Form Application and press [Enter] 7. Type C for Current Library and press [Enter] 8. Type the letter next to the file named EFRV13G.EXE and press [Enter] 9. Type D for Download now and press [Enter] 10. Type the letter representing the transfer protocol desired and press [Enter]. How the file is downloaded and where it gets downloaded depends on the transfer protocol package used. 11. The FCC Auction BBS will begin transferring the file. You may need to give your terminal emulation software a command to receive the file; please consult your terminal emulation software manual for instructions concerning how to do so. 12. Type X, then type X to Exit and press [Enter] and continue to do so until asked if you want to Exit the BBS. Press Y for Yes when asked to verify that you want to exit. Creating Installation Disks from the Downloaded File The Electronic Filing/Application Review Software available through the Internet and the FCC Auction BBS will be in a self-extracting compressed file format. To extract the software, start File Manager in the Main program group, open the file folder where you downloaded the executable, and double-click on EFRV13G.EXE. A message will appear listing the default directory to which the software will extract. If the directory does not exist, it will be created automatically. Press Unzip to begin extracting the software. When the extraction is complete, a message will appear listing the number of files that were unzipped. Press OK to start the FCC Electronic Filing/Application Review setup program. Installing the Electronic Filing/Application Review Software After you extract the software, the setup program will run automatically. If you choose not to install the FCC Electronic Filing/Application Review software, you can run setup later by starting File Manager, opening the file folder to which you extracted the software, and double-clicking on SETUP.EXE. When the setup program begins, a screen will appear listing the default directory to which the software will install. Press the Install button, then press OK to install to the specified directory. If the directory does not exist, the setup program will create it automatically. When the installation is complete, a message may appear asking you to restart Windows so that the changes made by the installation may take effect. Creating Backup Installation Disks To create backup installation disks for the FCC Electronic Filing/Application Review software, go to File Manager, open the file folder to which you extracted the software, double-click on backup.bat, and follow the instructions on the screen. Running the Electronic Filing/Application Review Software When you have finished installing and/or upgrading the software, you will have a new Program Manager group called FCC Electronic Filing/Review with five icons: Configure PPP, Electronic Filing, Application Review, Suggestion Box, and Software Readme File. For the Electronic Filing system, the PPP Dialer will only attempt to establish a PPP connection to the FCC Network when you start the system and when you submit an electronic application to the FCC. For the Application Review and Suggestion Box systems, the PPP Dialer will only attempt to establish a PPP connection to the FCC Network when you start the respective system. You must verify/modify the parameters in the Configure PPP program prior to establishing a PPP connection. Please see the readme file associated with the software for further information regarding Configure PPP. Upgrading from a Previous Version If you have installed a previous version of the FCC Electronic Filing/Application Review Software, you must download a patch file (Filename: V13GPAT.EXE) to upgrade to the current version. The patch file is available through both the Internet and the FCC Auction Bulletin Board System and is located in the same directory/menu as the FCC Electronic Filing/Application Review Software (follow the downloading instructions above, substituting V13GPAT.EXE where EFRV13G.EXE is listed). When you have finished downloading the patch file, switch to File Manager in Windows and move the patch file to the directory where you installed the FCC Electronic Filing/Application Review Software. Double-click on the patch file to run it and respond 'y' to any message asking you whether to overwrite a file. When the appropriate files have been overwritten, the upgrade will be complete. If you have downloaded and installed the current version of the FCC Electronic Filing Software (Filename: EFRV13G.EXE), you will not need to download the patch file. Uninstalling the FCC Electronic Filing/Application Review Software To uninstall the FCC Electronic Filing/Application Review software, delete the directory to which you installed the software and the directory to which you extracted the software. Technical Support For technical assistance in downloading, extracting, installing or using the Electronic Filing/Application Review Software contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. DETAILED INSTRUCTIONS FOR USING ALL FCC REMOTE ELECTRONIC SOFTWARE CAN BE FOUND IN THE README FILE ASSOCIATED WITH THE ELECTRONIC SOFTWARE AS WELL AS IN THE CONTEXT SENSITIVE HELP FUNCTION ASSOCIATED WITH EACH SOFTWARE SYSTEM.