Subject: [NEXTEL-1] AUTOMATED MARITIME TELECOMMUNICATIONS SYSTEM SPECTRUM AUCTION

From: [email-masked]
Date: Thu, 05 Aug 2004 17:35:59 -0400

PUBLIC NOTICE
Federal Communications Commission News Media Information: (202) 418-0500

445 12th Street, S.W. Internet: http://www.fcc.gov
Washington, D.C.  20554 TTY: 1-888-835-5322

DA 04-2468
August 4, 2004

AUTOMATED MARITIME TELECOMMUNICATIONS SYSTEM SPECTRUM AUCTION
Status of FCC Form 175 Applications to Participate in the Auction
Report No. AUC-04-57-C (Auction No. 57)

The Federal Communications Commission (“Commission”) has received five
FCC Form 175 applications to participate in Auction No. 57 scheduled to
begin on Wednesday, September 15, 2004,  for 20 licenses in the
Automated Maritime Telecommunications System (“AMTS”) spectrum.  The
applications have been reviewed for completeness and compliance with the
Commission’s rules, and have been classified into the categories listed
below.
Application Categories:

ACCEPTED FOR FILING.............................................. 3
applications

INCOMPLETE..................................................................
2 applications

Accepted:  Applications accepted for filing are listed alphabetically in
Attachment A.  These applicants will become qualified bidders upon
receipt of the required upfront payment due by 6:00 p.m. ET on August
20, 2004.   With respect to the FCC Form 175 application, these
applicants need take no further action except as may be necessary to
maintain the accuracy of their applications.   Attachment A also
includes FCC account numbers that were automatically created by the FCC
software system for each applicant and indicates the licenses selected
by each applicant on its FCC Form 175 filing.

Incomplete:  Applications found to be incomplete are listed
alphabetically in Attachment B.  Applicants whose FCC Form 175
applications have been deemed incomplete will receive overnight
correspondence indicating what information is required to make the
applications acceptable for filing.  These applicants may become
qualified bidders only if they: (1) make the required upfront payments
by 6:00 p.m. ET on Friday, August 20, 2004; and (2) resubmit their
applications by 6:00 p.m. ET on Friday, August 20, 2004, to correct the
deficiencies indicated.  Applicants also must maintain the accuracy of
their FCC Form 175 applications as required by the Commission’s rules.
Applicants are advised that Attachment B includes FCC account numbers
that were automatically created by the FCC software system for each
applicant.

The filing window for resubmitting FCC Form 175 applications is now
open.  Corrected applications must be filed no later than 6:00 p.m. ET
on Friday, August 20, 2004.  This will be the only opportunity to cure
FCC Form 175 defects; late resubmissions will not be accepted.  In
addition, if an application remains incomplete or otherwise deficient
after the resubmission deadline has passed, the application will be
dismissed.

UPFRONT PAYMENT DEADLINE

Upfront payments and accompanying FCC Remittance Advice (FCC Form 159)
for Auction No. 57 are due in the proper account at Mellon Bank,
Pittsburgh, Pennsylvania, no later than 6:00 p.m. ET on Friday, August
20, 2004.  In order to meet the Commission’s upfront payment deadline,
an applicant’s payment must be credited to the Commission’s account by
the deadline.   Payments must be made by wire transfer in accordance
with the instructions provided in the Auction No. 57 Procedures Public
Notice.   No other payment method is acceptable for this auction.
Applicants are reminded to use their FCC Registration Number (“FRN”),
not their FCC Account Numbers, on the FCC Form 159.  Applicants must fax
a completed FCC Form 159 (revised February 2003) to Mellon Bank at (412)
209-6045 at least one hour before placing the order for the wire
transfer (but on the same business day).
Applicants that have filed applications deemed to be incomplete, as
noted in this public notice, must submit timely and sufficient upfront
payments before the Commission will review their submitted
applications.  If no upfront payment is made or the application remains
incomplete following its resubmission, the application will be
dismissed.  If the applicant has provided its FRN and wire transfer
instructions from the payor of record, any upfront payment made prior to
dismissal will be refunded in a timely manner upon request.

Applicants are responsible for obtaining confirmation from their
financial institution that Mellon Bank has timely received their upfront
payment and deposited it in the proper account.  We remind applicants
that to avoid untimely upfront payments they should discuss arrangements
(including bank closing schedules) with their banker several days before
making the wire transfer, and allow sufficient time for the transfer to
be initiated and completed before the deadline.  Detailed information
regarding upfront payments including additional requirements for “former
defaulters” can be found in the Auction No. 57 Procedures Public Notice
under Section II.D and Section III.D.
Note:  Applicants are reminded to submit the same FRN with all future
payments.

OTHER IMPORTANT INFORMATION
Qualified Bidders: Approximately two weeks after the upfront payment
deadline, following Commission review of resubmitted FCC Form 175
applications, and correlation of payments and applications, a public
notice listing all applicants qualified to bid in the auction will be
released.  The same public notice will also include instructions for
participating in the mock auction and a bidding schedule for the mock
auction and the first day of the auction.

Prohibition of Collusion: Applicants are reminded that Section 1.2105(c)
of the Commission’s rules prohibits applicants for licenses in any of
the same geographic license areas from communicating with each other
during the auction about bids, bidding strategies, or settlements unless
they have identified each other as parties with which they have entered
into agreements under Section 1.2105(a)(2)(viii).   For Auction No. 57,
this prohibition became effective at the short-form application filing
deadline on Monday, July 19, 2004, and will end on the post-auction down
payment deadline, which will be announced in a future public notice.
This prohibition applies to all applicants regardless of whether such
applicants become qualified bidders or actually bid.    For purposes of
this prohibition, Section 1.2105(c)(7)(i) defines applicant as including
all controlling interests in the entity submitting a short-form
application to participate in the auction, as well as all holders of
partnership and other ownership interests and any stock interest
amounting to 10 percent or more of the entity, or outstanding stock, or
outstanding voting stock of the entity submitting a short-form
application, and all officers and directors of that entity.   If parties
had agreed in principle on all material terms of a bidding agreement(s),
those parties must have been identified on the short-form application
under Section 1.2105(c), even if the agreement had not been reduced to
writing.  If parties had not agreed in principle by the filing deadline,
an applicant should not have included the names of those parties on its
application, and must not have continued negotiations with other
applicants for licenses in the same geographic areas.

The Bureau has encouraged applicants competing for licenses in any of
the same geographic license areas 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.  A violation could similarly occur if the
authorized bidders are different individuals employed by the same
organization (e.g., law firm or consulting firm).  In such a case, at a
minimum, applicants should take precautionary steps to prevent
communication between authorized bidders.
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 within
30 days of any substantial change that may be of decisional significance
to that application.   Thus, Section 1.65 requires auction applicants
that engage in communications of bids or bidding strategies that result
in a bidding agreement, arrangement or understanding not already
identified on their short-form applications to promptly disclose any
such agreement, arrangement or understanding to the Commission by
amending their pending applications.   In addition, Section 1.2105(c)(6)
requires all auction applicants to report prohibited discussions or
disclosures regarding bids or bidding strategy to the Commission in
writing immediately but in no case later than five business days after
the communication occurs, even if the communication does not result in
an agreement or understanding regarding bids or bidding strategy that
must be reported under Section 1.65.

Applicants that are winning bidders will be required to disclose in
their long-form applications the specific terms, conditions, and parties
involved in all bidding consortia, joint ventures, partnerships, and
other arrangements entered into relating to the competitive bidding
process.  Any applicant found to have violated the anti-collusion rule
may be subject to sanctions.   In addition, applicants are reminded that
they are subject to the antitrust laws, which are designed to prevent
anti-competitive behavior in the marketplace.  If an applicant is found
to have violated the antitrust laws in connection with its participation
in the competitive bidding process, it may be subject to forfeiture of
its upfront payment, down payment, or full bid amount and may be
prohibited from participating in future auctions.

Ex Parte Rule: Applicants should also be aware that the Commission has
generally exempted auction proceedings from the strict requirements of
the ex parte rule found in Section 1.1208 of the Commission’s rules.

Mock Auction: All applicants found to be qualified bidders will be
eligible to participate in a mock auction on Friday, September 10,
2004.  We encourage all qualified bidders to take advantage of this mock
auction to become familiar with the FCC Automated Auction System.  In
the Qualified Bidders Public Notice, the Bureau will announce the
bidding schedule for the mock auction and give details about
participation.  The mock auction will be conducted over the Internet,
and telephonic bidding will be available as well.  As a contingency
plan, bidders may also dial in to the FCC Wide Area Network.

Electronic Bidding: Applicants are reminded that qualified bidders are
eligible to bid either electronically or telephonically.  Applicants
should specify their bidding preference on the FCC Form 175.

Bidders can access the FCC Automated Auction System over the Internet.
Access to the system via the Internet requires, at a minimum, the
following hardware and software:
 CPU:  Pentium 133 or above
 RAM: 32 MB (64 MB recommended)
 Monitor: VGA or above
 Mouse or other pointing device
 Operating System: Microsoft® Windows™ 95™, 98™, 2000™, ME™, NT™, XP™
 Web Browser, either of the following:
 Microsoft® Internet Explorer 4.0 or higher (recommended).  Your browser
must have either Microsoft VM or Java Plug-In Version 1.3.1_08
installed.
 Netscape® Communicator™ 4.0 or higher, with Java Plug-In Version
1.3.1_08.

Java Plug-In Version 1.3.1_08 is available for downloading at
http://java.sun.com/products/archive/index.html
As a contingency plan, bidders can also access the FCC Automated Auction
System by dialing in to the FCC’s Wide Area Network.  Bidders dialing in
to the FCC’s Wide Area Network will need:
Modem: 28.8 Kbps Hayes© compatible modem or faster (56 Kbps recommended)

Point-to-Point Protocol (PPP) Dialer: Use the Dial-Up Networking feature
included with the operating system

Long-Form Applications: All applicants should be aware that at the
long-form application stage, they will be subject to the more extensive
reporting requirements contained in the Commission’s Part 1 ownership
disclosure rule.

CONTACT INFORMATION

For questions about payment or instructions for wiring upfront payments,
contact Gail Glasser, Auctions Accounting Group, at (202) 418-0578.
For specific questions about an applicant’s incomplete status, the
applicant should contact the staff reviewer identified in the
correspondence sent to the applicant by overnight mail.
For technical assistance with using the FCC Automated Auction System,
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 8:00 a.m. to 6:00 p.m. ET.  All
calls to the FCC Technical Support Hotline are recorded.
For additional information, contact the Auctions & Spectrum Access
Division: Howard Davenport (regarding legal questions) at (202)
418-0660; Roy Knowles (regarding bidding and auction procedures) at
(717) 338-2888; or Lisa Stover (regarding bidding and general filing
status) at (717) 338-2888.

-  FCC  -
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2468A1.doc

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