PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.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 99-2624 November 23, 1999 AUCTION OF LICENSES FOR FIXED POINT-TO-POINT MICROWAVE SERVICES IN THE 38.6 to 40.0 GHz (39 GHz) BAND SCHEDULED FOR APRIL 11, 2000 COMMENT SOUGHT ON RESERVE PRICES OR MINIMUM OPENING BIDS AND OTHER AUCTION PROCEDURAL ISSUES Report No. AUC-99-30-A (Auction No. 30) By this Public Notice, the Wireless Telecommunications Bureau ("Bureau") announces the auction of licenses for fixed point-to-point microwave services in the 38.6 to 40.0 GHz band ("39 GHz Auction"), scheduled to commence on April 11, 2000. As discussed in greater detail herein, the Bureau proposes that the 39 GHz Auction be composed of 2,450 licenses in the 38.6-40.0 GHz bands ("39 GHz band"). Fourteen 100 megahertz licenses (paired 50 megahertz channel blocks) will be offered in each of 172 Economic Areas (EAs) and 3 EA-like areas, covering the United States, the Northern Mariana Islands, Guam, American Samoa, the United States Virgin Islands and Puerto Rico. The Balanced Budget Act of 1997 requires the Commission to "ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed . . . before issuance of bidding rules, to permit notice and comment on proposed auction procedures . . . ." Consistent with the provisions of the Budget Act and to ensure that potential bidders have adequate time to familiarize themselves with the specific provisions that will govern the day-to- day conduct of an auction, the Commission directed the Bureau, under its existing delegated authority, to seek comment on a variety of auction-specific procedures prior to the start of each auction. We therefore seek comment on the following issues relating to the 39 GHz Auction (Auction No. 30). I. Auction Methodology and License Groupings for the 39 GHz Auction Because it is most administratively appropriate, and allows bidders to take advantage of any synergies that exist among licenses, we propose to award the licenses in a single, simultaneous multiple-round auction. We seek comment on this proposal. The following table contains the proposed Block/Frequency Band Limits Cross Reference List for the 39 GHz band: 39 GHz Channels License Suffix Channel No. Frequency Channel No. Frequency A 1-A 38,600-38,650 1-B 39,300-39,350 B 2-A 38,650-38,700 2-B 39,350-39,400 C 3-A 38,700-38,750 3-B 39,400-39,450 D 4-A 38,750-38,800 4-B 39,450-39,500 E 5-A 38,800-38,850 5-B 39,500-39,550 F 6-A 38,850-38,900 6-B 39,550-39,600 G 7-A 38,900-38,950 7-B 39,600-39,650 H 8-A 38,950-39,000 8-B 39,650-39,700 I 9-A 39,000-39,050 9-B 39,700-39,750 J 10-A 39,050-39,100 10-B 39,750-39,800 K 11-A 39,100-39,150 11-B 39,800-39,850 L 12-A 39,150-39,200 12-B 39,850-39,900 M 13-A 39,200-39,250 13-B 39,900-39,950 N 14-A 39,250-39,300 14-B 39,950-40,000 II. Upfront Payments and Initial Maximum Eligibility for Each Bidder The Bureau has delegated authority and discretion to determine an appropriate upfront payment for each license being auctioned, taking into account such factors as the population in each geographic license area, and the value of similar spectrum. With these guidelines in mind, we propose for the 39 GHz Auction the following upfront payments. For licenses with populations of 1,000,000 or greater: License population * $0.04 (the result rounded to the nearest thousand). For licenses with populations of less than 1,000,000: License population * $0.02 (the result rounded to the nearest hundred for levels below $10,000 and to the nearest thousand for levels above $10,000) with a minimum of no less than $2,500 per license. A complete list of all licenses, including their related population and upfront payments, are attached hereto as Attachment A. We seek comment on this proposal. We further propose that the amount of the upfront payment submitted by a bidder will determine the initial maximum eligibility (as measured in bidding units) for each bidder. Upfront payments will not be attributed to specific licenses, but instead will be translated into bidding units to define a bidder's initial maximum eligibility, which cannot be increased during the auction. Thus, in calculating the upfront payment amount, an applicant must determine the maximum number of bidding units it may wish to bid on (or hold high bids on) in any single round, and submit an upfront payment covering that number of bidding units. We seek comment on this proposal. III. Reserve Price or Minimum Opening Bid The Budget Act calls upon the Commission to prescribe methods by which a reasonable reserve price will be required or a minimum opening bid established when FCC licenses are subject to auction (i.e., because the Commission has accepted mutually exclusive applications for those licenses), unless the Commission determines that a reserve price or minimum bid is not in the public interest. Consistent with this mandate, the Commission has directed the Bureau to seek comment on the use of a minimum opening bid and/or reserve price prior to the start of each auction. More specifically, the Bureau was directed to seek comment on the methodology to be employed in establishing each of these mechanisms. Among other factors the Bureau should consider are the amount of spectrum being auctioned, levels of incumbency, the availability of technology to provide service, the size of the geographic service areas, issues of interference with other spectrum bands, and any other relevant factors that reasonably could have an impact on valuation of the spectrum being auctioned. The Commission concluded that the Bureau should have the discretion to employ either or both of these mechanisms for future auctions. Normally, a reserve price is an absolute minimum price below which an item will not be sold in a given auction. Reserve prices can be either published or unpublished. A minimum opening bid, on the other hand, is the minimum bid price set at the beginning of the auction below which no bids are accepted. It is generally used to accelerate the competitive bidding process. Also, in a minimum opening bid scenario, the auctioneer generally has the discretion to lower the amount later in the auction. It is also possible for the minimum opening bid and the reserve price to be the same amount. In anticipation of this auction and in light of the Budget Act, the Bureau proposes to establish minimum opening bids for the 39 GHz Auction. The Bureau believes a minimum opening bid, which has been utilized in other auctions, is an effective bidding tool. A minimum opening bid, rather than a reserve price, will help to regulate the pace of the auction and provides flexibility. Specifically, for Auction No. 30, the Commission proposes the following license-by-license formulas for calculating minimum opening bids, based on the population ("pops") of the EA: For licenses with populations of 1,000,000 or greater: License population * $0.08 (the result rounded to the nearest thousand). For licenses with populations of less than 1,000,000: License population * $0.04 (the result rounded to the nearest hundred for results less than $10,000 and to the nearest thousand for results greater than $10,000) with a minimum of no less than $2,500 per license. Comment is sought on this proposal. A complete list of all licenses including their related population and minimum opening bids are attached hereto as Attachment A. If commenters believe the formula proposed above for minimum opening bids will result in substantial numbers of unsold licenses, or is not a reasonable amount, or should instead operate as a reserve price, they should explain why this is so, and comment on the desirability of an alternative approach. Commenters are advised to support their claims with valuation analyses and suggested reserve prices or minimum opening bid levels or formulas. In establishing the formula for minimum opening bids, we particularly seek comment on such factors as, among other things, the amount of spectrum being auctioned, levels of incumbency, the availability of technology to provide service, the size of the geographic service areas, issues of interference with other spectrum bands and any other relevant factors that could reasonably have an impact on valuation of the 39 GHz band. Alternatively, comment is sought on whether, consistent with the Budget Act, the public interest would be served by having no minimum opening bid or reserve price. IV. Other Auction Procedural Issues a. Structure of Bidding Rounds, Activity Requirements, and Criteria for Determining Reductions in Eligibility We propose to divide the auction into three stages: Stage One, Stage Two and Stage Three. The auction will start in Stage One. We propose that the auction will generally advance to the next stage (i.e., from Stage One to Stage Two, and from Stage Two to Stage Three) when the auction activity level, as measured by the percentage of bidding units receiving new high bids, is approximately ten percent or below for three consecutive rounds of bidding in Stages One and Two. However, we further propose that the Bureau retain the discretion to change stages unilaterally by announcement during the auction. In exercising this discretion, the Bureau will consider a variety of measures of bidder activity including, but not limited to, the auction activity level, the percentages of licenses (as measured in bidding units) on which there are new bids, the number of new bids, and the percentage increase in revenue. We seek comment on these proposals. In order to ensure that the auction closes within a reasonable period of time, an activity rule requires bidders to bid actively on a percentage of their maximum bidding eligibility during each round of the auction rather than waiting until the end to participate. A bidder that does not satisfy the activity rule will either lose bidding eligibility in the next round or must use an activity rule waiver (if any remain). For the 39 GHz Auction, we propose the following activity requirements: Stage One: In each round of the first stage of the auction, a bidder desiring to maintain its current eligibility is required to be active on licenses representing at least 80 percent of its current bidding eligibility. Failure to maintain the requisite activity level will result in a reduction in the bidder's bidding eligibility in the next round of bidding (unless an activity rule waiver is used). During Stage One, reduced eligibility for the next round will be calculated by multiplying the current round activity by five-fourths (5/4). Stage Two: In each round of the second stage, a bidder desiring to maintain its current eligibility is required to be active on 90 percent of its current bidding eligibility. During Stage Two, reduced eligibility for the next round will be calculated by multiplying the current round activity by ten-ninths (10/9). Stage Three: In each round of the third stage, a bidder desiring to maintain its current eligibility is required to be active on 98 percent of its current bidding eligibility. In this final stage, reduced eligibility for the next round will be calculated by multiplying the current round activity by fifty- fortyninths (50/49). We seek comment on these proposals. b. Minimum Accepted Bids Once there is a standing high bid on a license, a bid increment will be applied to that license to establish a minimum acceptable bid for the following round. For the 39 GHz Auction, we propose to use a smoothing methodology to calculate bid increments, as we have done in several other auctions. The Bureau retains the discretion to change the minimum bid increment if it determines that circumstances so dictate. The Bureau will do so by announcement in the Automated Auction System. We seek comment on these proposals. The exponential smoothing formula calculates the bid increment for each license based on a weighted average of the activity received on each license in all previous rounds. This methodology will tailor the bid increment for each license based on activity, rather than setting a global increment for all licenses. For every license that receives a bid, the bid increment for the next round for that license will be established using the exponential smoothing formula. The calculation of the percentage bid increment for each license in a given round is made at the end of the previous round. The computation is based on an activity index, which is calculated as the weighted average of the activity in that round and the activity index from the prior round. The activity index at the start of the auction (round 0) will be set at 0. The current activity index is equal to a weighting factor times the number of new bids received on the license in the most recent bidding round plus one minus the weighting factor times the activity index from the prior round. The activity index is then used to calculate a percentage increment by multiplying a minimum percentage increment by one plus the activity index with that result being subject to a maximum percentage increment. The Commission will initially set the weighting factor at 0.5, the minimum percentage increment at 0.1, and the maximum percentage increment at 0.2. Equations Ai = (C * Bi) + ( (1-C) * Ai-1) Ii+1 = smaller of ( (1 + Ai) * N) and M where, Ai = activity index for the current round (round i) C = activity weight factor Bi = number of bids in the current round (round i) Ai-1 = activity index from previous round (round i-1), A0 is 0 Ii+1 = percentage bid increment for the next round (round i+1) N = minimum percentage increment or bid increment floor M = maximum percentage increment or bid increment ceiling Under the exponential smoothing methodology, once a bid has been received on a license, the minimum acceptable bid for that license in the following round will be the new high bid plus the dollar amount associated with the percentage increment (variable Ii+1 from above times the high bid). This result will be rounded to the nearest thousand if it is over ten thousand or to the nearest hundred if it is under ten thousand. Examples License 1 C=0.5, N = 0.1, M = 0.2 Round 1 (2 new bids, high bid = $1,000,000) 1. Calculation of percentage increment for round 2 using exponential smoothing: A1 = (0.5 * 2) + (0.5 * 0) = 1 The smaller of I2 = (1 + 1) * 0.1 = 0.2 or 0.2 (the maximum percentage increment) 2. Minimum bid increment for round 2 using the percentage increment (I2 from above) 0.2 * $1,000,000 = $200,000 3. Minimum acceptable bid for round 2 = 1,200,000 Round 2 (3 new bids, high bid = 2,000,000) 1. Calculation of percentage increment for round 3 using exponential smoothing: A2 = (0.5 * 3) + (0.5 * 1) = 2 The smaller of I3 = (1 + 2) * 0.1 = 0.3 or 0.2 (the maximum percentage increment) 2. Minimum bid increment for round 3 using the percentage increment (I3 from above) 0.2 * $2,000,000 = $400,000 3. Minimum acceptable bid for round 3 = 2,400,000 Round 3 (1 new bid, high bid = 2,400,000) 1. Calculation of percentage increment for round 4 using exponential smoothing: A3 = (0.5 * 1) + (0.5 * 2) = 1.5 The smaller of I4 = (1 + 1.5) * 0.1 = 0.25 or 0.2 (the maximum percentage increment) 2. Minimum bid increment for round 4 using the percentage increment (I4 from above) 0.2 * $2,400,000 = $480,000 3. Minimum acceptable bid for round 4 = 2,880,000 c. Activity Rule Waivers and Reducing Eligibility Use of an activity rule waiver preserves the bidder's current bidding eligibility despite the bidder's activity in the current round being below the required minimum level. An activity rule waiver applies to an entire round of bidding and not to a particular license. Activity waivers are principally a mechanism for auction participants to avoid the loss of auction. The FCC auction system assumes that bidders with insufficient activity would prefer to use an activity rule waiver (if available) rather than lose bidding eligibility. Therefore, the system will automatically apply a waiver (known as an "automatic waiver") at the end of any bidding period where a bidder's activity level is below the minimum required unless: (1) there are no activity rule waivers available; or (2) the bidder overrides the automatic application of a waiver by reducing eligibility, thereby meeting the minimum requirements. A bidder with insufficient activity that wants to reduce its bidding eligibility, rather than use an activity rule waiver, must affirmatively override the automatic waiver mechanism during the bidding period by using the reduce eligibility function in the software. In this case, the bidder's eligibility is permanently reduced to bring the bidder into compliance with the activity rules as described above. Once eligibility has been reduced, a bidder will not be permitted to regain its lost bidding eligibility. A bidder may proactively apply an activity rule waiver as a means to keep the auction open without placing a bid. If a bidder submits a proactive waiver (using the proactive waiver function in the bidding software) during a bidding period in which no bids are submitted, the auction will remain open and the bidder's eligibility will be preserved. Note: an automatic waiver invoked in a round in which there are no new valid bids will not keep the auction open. We propose that each bidder in the 39 GHz Auction be provided with five activity rule waivers that may be used in up to five separate rounds at the bidder's discretion during the course of the auction as set forth above. We seek comment on this proposal. d. Information Regarding Bid Withdrawal and Bid Removal For the 39 GHz Auction, we propose the following bid removal and bid withdrawal procedures. Before the close of a bidding period, a bidder has the option of removing any bids placed in that round. By using the remove bid function in the software, a bidder may effectively "unsubmit" any bid placed within that round. A bidder removing a bid placed in the same round is not subject to withdrawal payments, but will affect a bidder's activity for the round in which it is removed. Once a round closes, a bidder may no longer remove a bid. However, in the next round, a bidder may withdraw standing high bids from previous rounds using the withdraw bid function. A high bidder that withdraws its standing high bid from a previous round is subject to the bid withdrawal payment provisions. We seek comment on these bid removal and bid withdrawal procedures. In the Part 1 Third Report and Order, the Commission explained that allowing bid withdrawals facilitates efficient aggregation of licenses and the pursuit of efficient backup strategies as information becomes available during the course of an auction. The Commission noted, however, that, in some instances, bidders may seek to withdraw bids for improper reasons. The Bureau, therefore, has discretion, in managing the auction, to limit the number of withdrawals to prevent any bidding abuses. The Commission stated that the Bureau should assertively exercise its discretion, consider limiting the number of rounds in which bidders may withdraw bids, and prevent bidders from bidding on a particular market if the Bureau finds that a bidder is abusing the Commission's bid withdrawal procedures. Applying this reasoning, we propose to limit each bidder in the 39 GHz Auction to withdrawals in no more than two rounds during the course of the auction. To permit a bidder to withdraw bids in more than two rounds would likely encourage insincere bidding or the use of withdrawals for anti-competitive purposes. The two rounds in which withdrawals are utilized will be at the bidder's discretion; withdrawals otherwise must be in accordance with the Commission's rules. There is no limit on the number of standing high bids that may be withdrawn in either of the rounds in which withdrawals are utilized. Withdrawals will remain subject to the bid withdrawal payment provisions specified in the Commission's rules. We seek comment on this proposal. e. Stopping Rule For the 39 GHz Auction, the Bureau proposes to employ a simultaneous stopping rule approach. The Bureau has discretion "to establish stopping rules before or during multiple round auctions in order to terminate the auction within a reasonable time." A simultaneous stopping rule means that all licenses remain open until the first round in which no new acceptable bids, proactive waivers or withdrawals are received. After the first such round, bidding closes simultaneously on all licenses. Thus, unless circumstances dictate otherwise, bidding would remain open on all licenses until bidding stops on every license. The Bureau seeks comment on a modified version of the simultaneous stopping rule. The modified stopping rule would close the auction for all licenses after the first round in which no bidder submits a proactive waiver, a withdrawal, or a new bid on any license on which it is not the standing high bidder. Thus, absent any other bidding activity, a bidder placing a new bid on a license for which it is the standing high bidder would not keep the auction open under this modified stopping rule. The Bureau further seeks comment on whether this modified stopping rule should be used unilaterally or only in Stage Three of the auction. We propose that the Bureau retain the discretion to keep an auction open even if no new acceptable bids or proactive waivers are submitted and no previous high bids are withdrawn. In this event, the effect will be the same as if a bidder had submitted a proactive waiver. The activity rule, therefore, will apply as usual and a bidder with insufficient activity will either lose bidding eligibility or use a remaining activity rule waiver. Finally, we propose that the Bureau reserve the right to declare that the auction will end after a specified number of additional rounds ("special stopping rule"). If the Bureau invokes this special stopping rule, it will accept bids in the final round(s) only for licenses on which the high bid increased in at least one of the preceding specified number of rounds. The Bureau proposes to exercise this option only in certain circumstances, such as, for example, where the auction is proceeding very slowly, there is minimal overall bidding activity, or it appears likely that the auction will not close within a reasonable period of time. Before exercising this option, the Bureau is likely to attempt to increase the pace of the auction by, for example, moving the auction into the next stage (where bidders would be required to maintain a higher level of bidding activity), increasing the number of bidding rounds per day, and/or increasing the amount of the minimum bid increments for the limited number of licenses where there is still a high level of bidding activity. We seek comment on these proposals. f. Information Relating to Auction Delay, Suspension or Cancellation For the 39 GHz Auction, we propose that, by public notice or by announcement during the auction, the Bureau may delay, suspend or cancel the auction in the event of natural disaster, technical obstacle, evidence of an auction security breach, unlawful bidding activity, administrative or weather necessity, or for any other reason that affects the fair and competitive conduct of competitive bidding. In such cases, the Bureau, in its sole discretion, may elect to: resume the auction starting from the beginning of the current round; resume the auction starting from some previous round; or cancel the auction in its entirety. Network interruption may cause the Bureau to delay or suspend the auction. We emphasize that exercise of this authority is solely within the discretion of the Bureau, and its use is not intended to be a substitute for situations in which bidders may wish to apply their activity rule waivers. We seek comment on this proposal. V. Due Diligence The National Telecommunications and Information Administration (NTIA) has reviewed the Memorandum Opinion and Order addressing the 39 GHz band and provides related comments. VI. Conclusion Comments are due on or before December 8, 1999, and reply comments are due on or before December 20, 1999. To file formally, parties must submit an original and four paper copies to the Office of the Secretary, Federal Communications Commission, Federal Communications Commission, 445 12th Street, S.W., TW-A325, Washington, D.C. 20554. In addition, parties must submit one copy to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, Room 4-A760, 445 12th Street S.W., Washington, D.C. 20554. Comments and reply comments will be available for public inspection during regular business hours in the FCC Public Reference Room, Room CY- A257, 445 12th Street S.W., Washington, D.C. 20554. For further information concerning this proceeding, contact Kenneth Burnley, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau at (202) 418-0660; Lisa Stover or Bob Reagle, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau at (717) 338-2888. - FCC - The Commission released a Memorandum Opinion and Order that modified the interim rules for fixed point-to-point microwave services in the 39 GHz band. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Memorandum Opinion and Order, 12 FCC Rcd 2910 (1997), 62 Fed. Reg. 14015 (March 25, 1997) ("First Memorandum Opinion and Order"). On November 3, 1997, the Commission released a Report and Order and Second Notice of Proposed Rule Making that revised the licensing and technical rules for the fixed point-to-point microwave service in the 39 GHz band, and dismissed certain 39 GHz applications and amendments thereto that had been held in abeyance. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600 (1997), 63 Fed. Reg. 6079 (February 6, 1998) ("Report and Order and Second NPRM"). On July 29, 1999, the Commission released a Memorandum Opinion and Order that addressed pleadings filed concerning these two Commission items. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, Memorandum Opinion and Order, FCC 99-179 (rel. July 29, 1999), 64 Fed. Reg. 59663 (November 3, 1999) ("Second Memorandum Opinion and Order"). In the Second Memorandum Opinion and Order, the Commission revisits the 39 GHz band service areas, channelization plan, performance requirements, licensing rules and disposition of pending applications, and affirms application of the standard method for calculating unjust enrichment payments on a pro rata basis. Section 3002(a)(E)(i), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) ("Budget Act"). See Amendment of Part 1 of the Commission's Rules-Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5677, 16 (1997) ("Part 1 Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making") ("We also clarify that pursuant to Section 0.131 of our rules, the Chief, Wireless Telecommunications Bureau, has delegated authority to implement all of the Commission's rules pertaining to auctions procedures"). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448, 124 (1998) ("Part 1 Third Report and Order"). The Commission directed the Bureau to seek comment on specific mechanisms related to day-to-day auction conduct including, for example, the structure of bidding rounds and stages, establishment of minimum opening bids or reserve prices, minimum accepted bids, initial maximum eligibility for each bidder, activity requirements for each stage of the auction, activity rule waivers, criteria for determining reductions in eligibility, information regarding bid withdrawal and bid removal, stopping rules, and information relating to auction delay, suspension or cancellation. Id. at 125. See Report and Order and Second NPRM, 12 FCC Rcd at 18648-49, 106. See Part 1 Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd at 5697-98, 16 (1997). See Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R.  1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, 141 (1998). Id. See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum Opening Bids or Reserve Prices, DA 97-2147, Order, 12 FCC Rcd 16354 (1997); Auction of the Phase II 220 MHz Service Licenses, Auction Notice and Filing Requirements for 908 Licenses Consisting of Economic Area (EA), Economic Area Grouping (EAG), and Nationwide Licenses, Scheduled for September 15, 1998, Minimum Opening Bids and Other Procedural Issues, Public Notice, 13 FCC Rcd 16445 (1998). See 47 C.F.R.  1.2104(g); 1.2109. Part 1 Third Report and Order, 13 FCC Rcd at 460, 150. 47 C.F.R.  1.2104(e). See 47 C.F.R.  1.2104(i). See Letter attached hereto as Attachment B from William T. Hatch, Acting Associate Administrator, Office of Spectrum Management, National Telecommunications and Information Administration, to Dale N. Hatfield, Chief, Office of Engineering and Technology, Federal Communications Commission, re: Memorandum Opinion and Order --- Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183 --- Competitive Bidding, 37.0-38.6 GHz and 38.6-40.0 GHz Bands, PP Docket No. 93-253 (September 23, 1999).