PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: (202) 418-0500 445 12th STREET, S.W. Fax-On-Demand: (202) 418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp.fcc.gov DA 99-2824 December 17, 1999 Auction Filing Window For New Television Station Channel 52 at Blanco, Texas The Mass Media Bureau (“MMB”) and the Wireless Telecommunications Bureau (“WTB”) announce an auction filing window for a new analog television station on Channel 52 at Blanco, Texas. The filing window will open on January 24, 2000 and close on January 28, 2000. Selection among mutually exclusive applicants for the new Blanco television station will be via the Commission’s broadcast competitive bidding rules. See 47 C.F.R. § 73.5000 et seq. Those wishing to participate in the auction must file electronically a short form application (FCC Form 175) by 5:30 p.m. Eastern Standard Time, January 28, 2000. See Attachments A, B, and C for more information regarding the completion of Form 175, including information on bidding credits and designated entities. Pursuant to the Commission’s broadcast competitive bidding rules, only the winning bidder will be required to submit a long form (FCC Form 301) following the close of the auction. See 47 C.F.R. 73.5005. For additional information, contact Shaun Maher at the Video Services Division, Mass Media Bureau at (202) 418-1600. List of Attachments: Attachment A: Pre-Auction Procedures Attachment B: Guidelines for Completion of FCC Form 175 and Exhibits Attachment C: Eligibility for New Entrant Bidding Credit; Ownership Disclosure Requirements; Consortia and Joint Bidding Arrangements Attachment D: Electronic Filing and Review of the FCC Form 175 Attachment E: Accessing the FCC Network Using Windows 95/98 ATTACHMENT A PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175) Filing Procedures -- Due January 28, 2000, 5:30 p.m. EST All applicants must electronically submit an FCC Form 175 application no later than 5:30 p.m. EST on January 28, 2000. Late applications will not be accepted. There is no application fee required when electronically filing an FCC Form 175. (1) Electronic Filing All Form 175 applications must be filed electronically. Applicants may file Form 175 applications electronically beginning 9:00 a.m. EST January 24, 2000. The system generally will be open for filing on a 24-hour basis. The Form 175 filing window will remain open until 5:30 p.m. EST on January 28, 2000. Applicants are strongly encouraged to file early, and applicants are responsible for allowing adequate time for filing their applications. Applicants may update or amend their electronic applications multiple times until the filing deadline on January 28, 2000. Information about the electronic filing of the FCC Form 175 application is included as Attachment D to this Public Notice. Technical support is available at (202) 414-1250 (voice) or (202) 414-1255 (text telephone (TTY)); the hours of service are 8 a.m. - 6 p.m. EST, Monday - Friday. (2) Completion of the FCC Form 175 Applicants should carefully review 47 C.F.R. Sections 1.2105 and 73.5002 and must complete all items on the FCC Form 175. Detailed instructions for completing the FCC Form 175 are in Attachment B of this Public Notice. Form 175 is not submitted to the FCC until an applicant receives confirmation from the filing system that the form has been received by the Commission. B. Prohibition of Collusion To insure the competitiveness and integrity of the auction process, the Commission’s Rules prohibit competing applicants from communicating with each other during the auction about bids, bidding strategies, or settlements. This prohibition becomes effective at the short- form application deadline, and ends on the post-auction down payment due date. Bidders competing for the same construction permit(s) are encouraged not to use the same individual as an authorized bidder. A violation of the anti-collusion rule could occur if an individual acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between the bidders he or she is authorized to represent in the auction. Also, if the authorized bidders are different individuals employed by the same organization (e.g., law firm or technical consulting firm), a violation could similarly occur. At a minimum, in such a case, applicants should certify that precautionary steps have been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. The Bureaus, however, caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105( c ) and 73.5002. In addition, Section 1.65 of the Commission’s Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon learning of such violation. Bidders are therefore required to make such notification to the Commission immediately upon discovery. C. Application Processing and Minor Corrections After the deadline for filing has passed, and assuming more than one FCC Form 175 is received, the FCC will subsequently issue a public notice identifying: (1) those applications which are mutually exclusive (including FCC reference numbers; (2) those applications rejected; and (3) those applications that have minor defects that may be corrected, and the deadline and instructions for filing such corrected applications. If only one FCC Form 175 is received during the window, then that applicant will be required to submit FCC Form 301. As described more fully in the Commission's Rules, after the January 28, 2000 filing deadline, an applicant may make only minor non-technical corrections to its FCC Form 175 application. Applicants will not be permitted to make major modifications to their applications. See 47 C.F.R. Section 1.2105. For this reason it is critical that all applicants carefully review their FCC Form 175 submissions prior to the close of the initial filing window. (1) Electronic Review of FCC Form 175 The FCC Form 175 review software may be used to review and print an applicant’s FCC Form 175 application. Prior to the filing deadline, applicants may only review their own completed FCC Form 175. Applicants may review their own and other applicants' completed FCC Form 175s after the filing deadline has passed and the FCC has issued a public notice concerning the status of the applications. Because the forms are made public, it is important that an applicant does not include its Taxpayer Identification Number (TIN) on any Exhibits to its FCC Form 175 application. There are no fees for accessing the Form 175 filing or review system ATTACHMENT B GUIDELINES FOR COMPLETION OF FCC FORM 175 AND EXHIBITS A. FCC Form 175 Applicants should especially note the following: Applicant Address: Applicants must submit a street address (not a Post Office box number), suitable for mail or private parcel delivery. Applicant Classification: Applicants must indicate their legal classification. The FCC Form 175 requires the applicant to classify itself as an individual, joint venture, partnership, trust, corporation, consortium, association, limited liability company (LLC) or government entity. Applicant Status: Applicants are requested to indicate their status as a rural telephone company, minority-owned business and/or women-owned business, so that the FCC can monitor its performance in promoting economic opportunities for these designated entities. Bidding Credit Eligibility: Applicants that qualify for the New Entrant Bidding Credit must enter the applicable bidding credit (25 percent or 35 percent) in the bidding credit eligibility item on the Form 175. Applicants are advised that this is the sole opportunity to select “New Entrant” status and claim a bidding credit level (if applicable). There is no opportunity to change the election once the initial short-form filing deadline passes on January 28, 2000. Licenses/Construction Permits: Applicants should confirm the choice of the Blanco, Texas construction permit. To confirm this selection, applicants will choose the “Save” button on the License/Construction Permit Page. Authorized Bidders: Applicants must list the name(s) of the person(s) (no more than three) authorized to represent them at the auction. Only those individuals listed on the FCC Form 175 will be authorized to place or withdraw bids for the applicant during the auction. Certifications: Applicants should carefully read the list of certifications on the FCC Form 175. These certifications help to ensure a fair and competitive auction and require, among other things, disclosure to the Commission of certain information on applicant ownership and agreements or arrangements concerning the auction. Submission of an FCC Form 175 application constitutes a representation by the certifying official that he or she is an authorized representative of the applicant, has read the form's instructions and certifications, and that the contents of the application and its attachments are true and correct. Submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. Contact person/address: If the Commission wishes to communicate with the applicant by telephone or fax, those communications will be directed to the contact person identified on the FCC Form 175. Space is provided for an address, telephone number, fax number, and e-mail address. All written communication and registration information will be directed to the applicant’s contact person at the address specified on the FCC Form 175. Applicants must provide a street address; no P.O. Box addresses may be used. Completeness: Applicants must submit all information required by the FCC Form 175 and by applicable rules. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. § 1.2105(b). NOTE: Applicants must press the “Submit Form 175” button on the “Submit” page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. § 1.65. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by the FCC's rules. Although the FCC does not require a particular format for this information, it has developed the following guidelines that will facilitate the processing of short-form applications. The FCC encourages applicants to submit this information using the following format. Exhibit A -- Applicant Identity and Ownership Information: Section 73.5002 of the broadcast competitive bidding procedural rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. § 1.2105(a). Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Specifically, 47 C.F.R. § 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of any kind that relate to the licenses being auctioned, including any agreements relating to the post-auction market structure. See 47 C.F.R. § 1.2105(a)(2)(viii). Certification (4) to the FCC Form 175 requires the applicant to certify that it will not enter into any explicit or implicit agreements or understandings of any kind with parties not identified in the application regarding bid amounts, bidding strategies, or the particular licenses the applicant will or will not bid. See 45 C.F.R. § 1.2105(a)(2)(ix). Except to the extent provided in 47 C.F.R. § 73.5002 (d), the prohibition of collusion set forth in 47 C.F.R. § 1.2105 (c) becomes effective upon the filing of short-form applications. To prevent collusion, the Commission's Rules generally prohibit communication among applicants for the same mutually exclusive permits or licenses between the initial short-form applications filing deadline and the deadline for down payments on licenses won, when such communication concern bids, bidding strategies, or settlements. 47 C.F.R. § 1.2105(c). Exhibit C -- Status as a New Entrant Bidding Credit Recipient: An applicant claiming that it qualifies for a 35 percent new entrant credit must certify under penalty of perjury that neither it nor any of its attributable interest holders have any attributable interests in any other media of mass communications, as defined in 47 C.F.R. § 73.5008. With respect to those qualifying for a 25 percent credit, the applicant must provide a certification under penalty of perjury that neither it nor any of its attributable interest holders have attributable interests in more than three media of mass communications, as defined in 47 C.F.R. § 73.5008. In addition, applicants claiming a 25 percent credit shall identify and describe such media of mass communications. See 47 C.F.R. §§ 73.5007 and 73.5008. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. § 1.2110(b)(2), or that are rural telephone companies, as defined in 47 C.F.R. § 1.2110(b)(3), may attach an exhibit regarding this status. This information, in conjunction with the information in the Applicant Status item, will assist the Commission in monitoring the participation of these "designated entities" in its auctions. Exhibit E – Miscellaneous: Applicants wishing to submit additional information may do so in Exhibit E. The electronic Form 175 has functionality allowing the applicant to upload exhibits/attachments with the Form 175 for FCC review. Once the applicant has uploaded the attachment, that attachment will be converted by the auctions system into an Adobe PDF format and become available for the applicant’s review. If an applicant finds that an attachment has not converted properly to Adobe PDF format, the applicant should take the following steps: 1) Simplify the formatting of the file. For example, if using a Table structure in a WordPerfect document, remove the Table structure leaving the contents of the table, re-save the document. 2) Re-upload the attachment. 3) Delete the failed attachment. NOTE: In order to protect their privacy, applicants should not list their TIN/SSN numbers on any Exhibits to their FCC Form 175s. ATTACHMENT C ELIGIBILITY FOR NEW ENTRANT BIDDING CREDIT; OWNERSHIP DISCLOSURE REQUIREMENTS; CONSORTIA AND JOINT BIDDING ARRANGEMENTS ELIGIBILITY FOR NEW ENTRANT BIDDING CREDIT A. General Eligibility Criteria To fulfill its obligations under Section 309(j) and further its long-standing commitment to the diversification of broadcast facility ownership, the Commission adopted a tiered New Entrant Bidding Credit for auction applicants with no, or very few other media interests. (1) Determination of Eligibility for Bidding Credit For purposes of determining which entities qualify for a New Entrant Bidding Credit, the following information should be considered: the interests of the bidder, and of any individuals or entities with an attributable interest in the bidder, in other media of mass communications at the time of the short-form application filing deadline. The interests held by the bidder, and by any individual or entity with an attributable interest in the bidder, in other media of mass communications shall be considered when determining a bidder's eligibility for the New Entrant Bidding Credit. Under traditional broadcast attribution rules, those entities or individuals with an attributable interest in a bidder include: all officers and directors of a corporate bidder; any owner of 5% or more of the voting stock of a corporate bidder; all partners and limited partners of a partnership bidder, unless the limited partners are sufficiently insulated; and all members of a limited liability company, unless insulated. In cases where a bidder’s spouse or close family member holds other media interests, such interests are not automatically attributable to the bidder. The Commission decides attribution issues in this context based on certain factors traditionally considered relevant. Bidders should note that the mass media attribution rules were recently revised. Bidders are also reminded that, by Memorandum Opinion and Order released August 5, 1999, the Commission further refined the eligibility standards for the New Entrant Bidding Credit, judging it appropriate to attribute the media interests held by very substantial investors in, or creditors of, a bidder claiming new entrant status. Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in a bidder shall be attributed to that bidder for purposes of determining its eligibility for the New Entrant Bidding Credit, if the equity and debt interests, in the aggregate, exceed 33% of the total asset value of the bidder, even if such an interest is non-voting. Generally, media interests will be attributable for purposes of the New Entrant Bidding Credit to the same extent that such other media interests are considered attributable for purposes of the broadcast multiple ownership rules. However, attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities will not be counted among the bidders' other mass media interests in determining its eligibility for a New Entrant Bidding Credit. A medium of mass communications is defined in 47 C.F.R § 73.5008(b). The bidder's attributable interests shall be determined as of the short form (FCC Form 175) filing deadline. Bidders intending to divest a media interest or make any other ownership changes, such as resignation of positional interests, in order to avoid attribution for purposes of qualifying for the New Entrant Bidding Credit must have consummated such divestment transactions or have completed such ownership changes by no later than the short-form filing deadline. (2) Application Showing Applicants are required to file supporting documentation as Exhibits A and C to their FCC Form 175 short-form applications to establish that they satisfy the eligibility requirements to qualify for a New Entrant Bidding Credit. In addition, in those cases where a New Entrant Bidding Credit is being sought, a certification under penalty of perjury must be set forth in Exhibit C attesting to the eligibility of the bidder for the level of Credit claimed. B. Bidding Credits Applicants that qualify for the New Entrant Bidding Credit, as set forth in 47 C.F.R. § 73.5007, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are discounted. The size of a New Entrant Bidding Credit depends on the number of ownership interests in other media of mass communications that are attributable to the bidder-entity and its attributable interest-holders: ? A 35 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has no attributable interest in any other media of mass communications, as defined in 47 C.F.R. § 73.5008; and, ? A 25 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has an attributable interest in no more than three mass media facilities, as defined in 47 C.F.R. § 73.5008; and, ? No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast station, as defined in 47 C.F.R. § 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. § 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control its license or construction permit to an entity not qualifying for the same level of bidding credit. OWNERSHIP DISCLOSURE REQUIREMENTS All applicants must comply with the uniform Part 1 ownership disclosure standards and provide information set forth in Sections 1.2105 and 1.2112 of the Commission’s rules. Specifically, in completing Form 175, applicants will be required to file in Exhibit A, a full and complete statement of the ownership of the bidding entity. The ownership disclosure standards for the short form are set forth in Section 1.2112 of the Commission’s rules. Bidders should note that, under Section 1.2112 (a)(4), the short form must list, inter alia, the names, addresses and citizenship of any party holding options permitting the acquisition of a ten percent or greater equity interest in the application, as well as the amount and percentage held. Applicants owned by minorities or women, as defined in 47 C.F.R. § 1.2110(b)(2), may attach an exhibit (Exhibit D) regarding this status. This applicant status information is collected for statistical purposes only and assists the Commission in monitoring the participation of "designated entities" in its auctions. Applicants wishing to submit additional information may do so in Exhibit E -Miscellaneous Information – to the FCC Form 175. CONSORTIA AND JOINT BIDDING ARRANGEMENTS Applicants will be required to identify on their short-form applications any parties with whom they have entered into any consortium arrangements, joint ventures, partnerships or other agreements or understandings which relate in any way to the competitive bidding process. See 47 C.F.R. §§ 1.2105(a)(2)(viii); 1.2105(c)(1). Applicants will also be required to certify on their short form applications that they have not entered into any explicit or implicit agreements, arrangements or understandings of any kind with any parties, other than those identified, regarding the amount of their bids, bidding strategies, or the particular construction permits on which they will or will not bid. See 47 C.F.R. § 1.2105(a)(2)(ix). In cases where such consortia or joint bidding arrangement are contemplated, applicants must submit an Exhibit B to the FCC Form 175. Attachment D ELECTRONIC FILING AND REVIEW OF THE FCC FORM 175 Applicants must submit their FCC Form 175 applications electronically using the Commission's remote access system. This system will generally be available 24 hours per day. FCC Form 175 applications must be submitted and confirmed by 5:30 p.m. ET on Thursday, January 28, 2000. Late applications or unconfirmed submissions of electronic data will not be accepted. Applicants must press the 175 Submit button on the Submit page to successfully submit their FCC Form 175. The electronic filing process consists of an initial filing period and a resubmission period to make minor corrections. Dates and filing instructions for the resubmission period will be released in a subsequent Public Notice. During each filing period, submitted applications may be updated and amended multiple times until the filing deadline. Applicants will need to meet the following minimum hardware and software requirements: Minimum Hardware Requirements ? CPU: Intel Pentium ? RAM: 16 MB (more recommended if you have multiple applications open) ? Modem: v.32bis 14.4kbps Hayes compatible modem or faster (recommend 56.6 Kbps) ? Monitor: VGA or above ? Mouse or other pointing device Minimum Software Requirements ? Operating System: Microsoft Windows 95 or 98 ? PPP (Point-to-Point Protocol) Dialer: Use the Dial-Up Networking feature included with Windows 95/98 ? Web Browser: Netscape Communicator 4.7 is recommended. However, you can also use Netscape Communicator 4.5, 4.51, or 4.61 (Internet web browser software). Note: To download Netscape Communicator 4.7 free of charge, access the Netscape download site at http://home.netscape.com/download/ ? PDF Viewer: Adobe Acrobat Reader 3.0 or higher (available at http://www.adobe.com) ? If you wish to use the download feature in the Form 175 Review, you will need a .tar file extraction utility, e.g., Winzip (available at http://www.winzip.com) or Pkzip for Windows (available at http://www.pkware.com/download.html). Submitting FCC Form 175 Applications To submit FCC Form 175 applications electronically, you must first connect to the FCC Network via a toll-free 800 phone number, (800-378-7435) using Dial-Up Networking. Dial- Up Networking establishes a point-to-point connection from your PC to the FCC Network. This point-to-point connection is not routed through the Internet. Note: For instructions on how to connect to the FCC Network using Dial-Up Networking, see the Accessing the FCC Network Using Windows 95/98 attachment. After you have connected to the FCC Network, start your Netscape Web browser. In your browser?s Location field, enter http://wtbwww04.fcc.gov and then click 175 Submit. When uploading attachments in FCC Form 175 Submission, applicants may use a variety of file formats -- including Word, WordPerfect, Adobe PDF, Excel, Lotus, and ASCII text -- and should verify that the files contain all exhibit information. Graphics file uploads (e.g., .bmp, .tiff, .jpg) are not supported, and graphics images should not be imported into any word processing files that are uploaded. After you upload an attachment, check to see if it converted properly by selecting the PDF filename in the rightmost column. The conversion process may take up to thirty minutes. If you are unable to read this file after it has been converted, please do the following: 1. Re-upload the attachment. 2. If the file still has not converted properly, then simplify the formatting of the file. For example, if you are using a Table structure in a WordPerfect document, remove the Table structure and leave the contents of the table, then re-upload the attachment. After you have successfully re-uploaded an attachment, please delete the old, unreadable attachment files. Applicants must press the Submit Form 175 button on the Submit page to successfully submit their FCC Form 175. During each filing period, submitted applications may be updated and amended multiple times until the filing deadline. When you have finished, exit your Web browser; then disconnect from the FCC Network. Reviewing FCC Form 175 Applications Once the FCC has completed the 175 Review process, you can review FCC Form 175 applications electronically via the Internet. Start your Netscape Web browser. In your browser?s Location field, enter http://wtbwww15.fcc.gov and then click 175 Review. Note: Applicant information will not be available in FCC 175 Review until the Commission has completed reviewing the Form 175 as indicated by release of a Public Notice. Help For technical assistance with installing or using FCC software, contact the FCC Technical Support Hotline at (202) 414-1250 (V) or (202) 414-1255 (TTY). The FCC Technical Support Hotline is generally available Monday through Friday, from 8 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Attachment E ACCESSING THE FCC NETWORK USING WINDOWS 95/98 This attachment describes how to access the FCC Network from a system that is running the Microsoft Windows 95 or Microsoft Windows 98 operating system. This involves configuring dial-up network access and then performing the dial-up procedure. Dial-up access to the FCC Network is required to submit FCC Form 175 applications electronically or use the FCC Remote Access System. Note: Dial-up access to the FCC Network is not required to review FCC Form 175 applications. You can perform that function from the Internet, by entering location http://wtbwww15.fcc.gov/ on your Netscape Web browser and clicking the 175 Review button. Conventions The instructions in this section use the following typographical conventions: bold Represents objects on the screen that you click with the mouse pointer, including buttons, Internet links, icons, tabs, menu items (e.g., Cancel button, Auctions link, Save option in the File menu). italic Represents field names or areas of a screen (e.g., Applicant field, Selected Licenses area of a screen). bold italic Represents characters that you must type exactly as they appear in the instructions. For example, if you are instructed to type http://wtbwww03.fcc.gov, you should type all of the characters exactly as they are printed. SMALL CAPS Represents keys on the keyboard (e.g., ENTER, CTRL, ESC). Note: Throughout these instructions, “enter” means to type the appropriate information and then press the ENTER key. Configuring Dial-Up Networking 1. To start dial-up networking: a. Click the Windows 95/98 Start button. b. Click the Programs option to display the Programs menu. c. Click the Accessories option to display the Accessories menu. d. In Windows 95, click Dial-Up Networking. In Windows 98, click Communications, then Dial-Up Networking . If Dial-Up Networking is not an option on your Accessories menu, you should install it from your Windows 95/98 CD or diskettes. 2. When the Dial-Up Networking window appears, double-click the Make New Connection icon. The Make New Connection window appears. 3. If you are connecting to submit FCC Form 175 applications, type FCC Auctions 800# in the field titled Type a name for the computer you are dialing. 4. In Windows 95, click the down arrow at the right of the Select a modem field and select your modem from the menu of available modems. In Windows 98, click the down arrow at the right of the Select a device field and select your modem from the menu of available devices. If your modem does not appear on this list, you must install your modem driver according to the modem manufacturer installation procedures, which are usually described in your modem’s user manual. 5. Click the Next button. 6. If you are connecting to submit FCC Form 175 applications, type 800 and 378-7435 in the Area Code and Telephone Number fields, respectively. 7. Verify that the correct country is selected in the Country code field. If necessary, click the down arrow at the right of the Country code field and select the appropriate country from the menu of available countries. 8. Click the Next button. 9. Click the Finish button. An icon labeled FCC Auctions 800# appears in the Dial-Up Networking window. 10. Verify that properties are configured correctly before attempting a dial-up session. Put the mouse pointer on the FCC Auctions icon that you wish to configure and click the right mouse button to display a menu. Click Properties from the menu. 11. Click the Configure button. Click the Options tab at the top of the Properties window. 12. In the Connection control area of the Options tab, verify that neither option is selected. If either option is selected, click the check box at the left of the option to deselect it. Then click OK. 13. In Windows 95, click the Server Type... button. In Windows 98, click the Server Types tab at the top of the Properties window. 14. In the Advanced Options area, verify that only Enable software compression is selected. If it is not selected, click the check box at the left of the option to select it. If either of the other options is selected, click the check box to deselect it. 15. In the Allowed Network Protocols area, verify that only TCP/IP is selected. If it is not selected, click the check box at the left of the option to select it. If either of the other options is selected, click the check box to deselect it. 16. Click the TCP/IP Settings button. On the TCP/IP Settings window, select Server assigned IP addresses at the top and select Specify name server addresses midway down the window. 17. Type 165.135.22.249 as the Primary DNS. Ensure that these two options are checked: ? Use IP header compression ? Use default gateway or remote network 18. Click OK on the TCP/IP Settings window and the Server Type window. 19. a. Click the Windows 95/98 Start button, then click the Settings option to display the Settings menu. b. Click Control Panel and then double-click the Network icon. c. Highlight the TCP/IP Protocol and click Properties. If there are multiple TCP/IP protocols, highlight TCP/IP --> Dial-Up Adapter and click Properties. In a Windows 98 environment, a confirmation dialog appears. Read the information on the dialog, then click the OK button. d. Click the DNS Configuration tab. e. Select Enable DNS. Type bidder in the Host box, type fcc.gov in the Domain box, then type 165.135.22.249 in the DNS Server Search Order box and click the Add button. f. Click OK on the TCP/IP Properties windows, then click OK on the Network windows. f. If you are prompted to restart your computer, click Yes to restart, then begin the Dial-Up Procedure. Dial-Up Procedure 1. If the Dial-Up Networking window is not currently open, do the following: a. Click the Windows 95/98 Start button. b. Click the Programs option to display the Programs menu. c. Click the Accessories option to display the Accessories menu. d. In Windows 95, click Dial-Up Networking In Windows 98, click Communications, then Dial-Up Networking. The Dial-Up Networking window appears. 2. In the Dial-Up Networking window, double-click the FCC Auctions 800#. 3. Click the Connect button on the window. Do not enter User name and Password . The Connection window appears, indicating the status of your connection as your modem dials into the system. This window must remain running during your dial-up session. You may minimize the window, if you wish. If your modem fails to establish a connection, please see the Troubleshooting section below. 4. Once the connection is established, open your Web browser. 5. In your browser’s Location field, enter the appropriate Universal Resource Locator (URL) as follows: ? For FCC Form 175 Submit, enter http://wtbwww04.fcc.gov (primary location) or http://wtbwww34.fcc.gov (secondary location) If nothing appears in your Web browser, please see the Troubleshooting section below. 6. When you have finished, exit the Web browser, then click the Disconnect button on the Connection window to end your dial-up session. Troubleshooting Following are problems you may encounter and possible solutions for resolving or isolating them. Modem does not respond or does not connect 1. Confirm that all physical connections for the modem are present. 2. Confirm that the phone line is active by connecting it to a telephone and checking for a dial-tone. 3. Confirm that the correct modem driver is installed for your modem. 4. Confirm that the number the modem is dialing is correct. 5. Confirm that the modem prefix, if any, is correct. Modem dials and connects, but nothing appears when you enter the Location in the Web browser 1. Verify the Dial-Up Networking settings specified in the Configuring Dial-Up Networking section. 2. Confirm that your Web browser is not using proxies: a) On your browser, click the Preferences option in the Edit menu. b) In the Category area at the left, double-click Advanced. c) Click the Advanced structure’s Proxies option. d) Click the radio button labeled Direct connection to the Internet. e) Click the OK button at the bottom of the window. Receive an Internal Server error in the Web browser 1. Confirm that the Location is correct. 2. Confirm that Java and JavaScript are enabled in your Web browser, and confirm that Cookies is set to Accept All. Help For technical assistance with installing or using FCC software, contact the FCC Technical Support Hotline at (202) 414-1250 (V) or (202) 414-1255 (TTY). The FCC Technical Support Hotline is generally available Monday through Friday, from 8 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. See, e.g., “Wireless Telecommunications Bureau Responds to Questions About the Local Multipoint Distribution Service Auction,” Public Notice, 13 FCC Rcd 341 (1998); Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA- 155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 11 (1998) (“Nevada Wireless”). See Nevada Wireless, supra note 1 at 11978, 13. See 47 C.F.R. § 1.2105( c ). See 47 C.F.R. § 73.3555 Note 2. See Clarification of Commission Policies Regarding Spousal Attribution, 7 FCC Rcd 1920 (1992). See Review of the Commission’s Regulations Governing Attribution of Broadcast and Cable/MDS Interests, MM Docket No. 94-150, FCC 99-207 (rel. August 6, 1999) (prior history omitted). Implementation of Section 309(j) of the Communications Act – Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, 64 Fed. Reg. 44856 (August 18, 1999). See 47 C.F. R. § 73.5008. Further, any bidder asserting new entrant status must have de facto as well as de jure control of the entity claiming the bidding credit. 47 C.F.R. § 73.5007. Typically, de jure control is evidenced by ownership of at least 50.1 percent of an entity's voting stock or equivalent level of interest in cases where the bidder is not a corporate entity. De facto control is determined on a case-by-case basis. Memorandum Opinion and Order on Reconsideration at 75. The fact that, on the short form filing deadline, a bidder has a pending or granted application to assign or transfer control of a media interest shall not be sufficient to avoid attribution. Bidders must have consummated the transaction by the short form filing deadline to avoid attribution. See 47 C.F.R. § 1.2105. Section 73.5007 of the Commission’s rules was most recently revised pursuant to the Memorandum Opinion and Order on Reconsideration. The revised version of the rule became effective on July 6, 1999. See 47 C.F.R. § 73.5007( c ). Section 73.5002 of the broadcast competitive bidding procedural rules specifies the bidding procedures, certification requirements, and anti-collusion rules applicable to applications for commercial broadcast services that are subject to auction. Subsection (b) of that rule requires the timely submission of short- form applications along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. § 1.2105(a). Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112.