Auction of 700 MHz Band Licenses Scheduled for July 19, 2011; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 92, 21350-21366 [2011-9200]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Pages 21350-21366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9200]


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FEDERAL COMMUNICATIONS COMMISSION

[AU Docket No. 10-248; DA 11-420]


Auction of 700 MHz Band Licenses Scheduled for July 19, 2011; 
Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, 
and Other Procedures for Auction 92

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces the procedures and minimum opening 
bids for the upcoming auction of 16 licenses in the 698-806 MHz band 
(700 MHz band), designated as Auction 92, and is intended to 
familiarize prospective bidders with these procedures, minimum opening 
bid amounts, and deadlines for the auction.

DATES: Applications to participate in Auction 92 and required upfront 
payments must be filed prior to 6:00 p.m. Eastern Time (ET) on May 11, 
2011. Bidding for construction permits in Auction 92 is scheduled to 
begin on July 19, 2011.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auctions and Spectrum Access Division: For legal questions: Lynne Milne 
at (202) 418-0660. Mobility Division: For service rules and licensing 
issues: Michael Connelly (legal) or Keith Harper (technical) at (202) 
418-0620. To request materials in accessible formats (Braille, large 
print, electronic files or audio format) for people with disabilities, 
send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY).

SUPPLEMENTARY INFORMATION: This is a summary of the Auction 92 
Procedures Public Notice which was released on March 16, 2011. The 
complete text of the Auction 92 Procedures Public Notice, including 
attachments, as well as related Commission documents, are available for 
public inspection and copying from 8 a.m. to 4:30 p.m. ET Monday 
through Thursday and from 8 a.m. to 11:30 a.m. ET on Friday in the FCC 
Reference Information Center, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. The Auction 92 Procedures Public Notice and 
related Commission documents may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC, 
20554, telephone 202-488-5300, facsimile 202-488-5563, or

[[Page 21351]]

Web site: https://www.BCPIWEB.com, using document number DA 11-420 for 
the Auction 92 Procedures Public Notice. The Auction 92 Procedures 
Public Notice and related documents are also available on the Internet 
at the Commission's Web site: https://wireless.fcc.gov/auctions/92/.

I. General Information

A. Introduction

    On December 15, 2010, the Wireless Telecommunications Bureau 
(Bureau) released a public notice seeking comment on competitive 
bidding procedures to be used in Auction 92. A summary of this public 
notice was published in the Federal Register on January 7, 2011, 76 FR 
1158. One party submitted comments in response to the Auction 92 
Comment Public Notice, and three parties submitted filings by the reply 
comment deadline.
i. Licenses To Be Offered in Auction 92
    The 16 licenses in Auction 92 were offered in Auction 73 and 
remained unsold or were licenses on which a winning bidder defaulted. A 
complete list of licenses offered in Auction 92 is available in 
Attachment A to the Auction 92 Procedures Public Notice.

B. Rules and Disclaimers

i. Relevant Authority
    Prospective applicants must familiarize themselves thoroughly with 
the Commission's general competitive bidding rules, rules relating to 
the 700 MHz band and emerging technologies, and rules relating to 
applications, environmental requirements, practice and procedure. 
Prospective applicants must also be thoroughly familiar with the 
procedures, terms and conditions contained in the Auctions 92 
Procedures Public Notice and in the Commission's decisions in 
proceedings regarding competitive bidding procedures, application 
requirements, and obligations of Commission licensees. The terms 
contained in the Commission's rules, relevant orders, and public 
notices are not negotiable. The Commission may amend or supplement 
information contained in public notices at any time, and will issue 
public notices to convey any new or supplemental information. It is the 
responsibility of all applications to remain current with all 
Commission rules and with all public notices pertaining to this 
auction.
ii. Prohibited Communications and Compliance With Antitrust Laws
    To ensure the competitiveness of the auction process, 47 CFR 
1.2105(c) prohibits auction applicants for licenses in any of the same 
geographic license areas from communicating with each other about bids, 
bidding strategies, or settlements unless such applicants have 
identified each other on their short-form applications (FCC Form 175) 
as parties with whom they have entered into agreements pursuant to 47 
CFR 1.2105(a)(2)(viii).
a. Entities Subject to Section 1.2105
    5. 47 CFR 1.2105(c)'s prohibition on certain communications will 
apply to any applicants that submit short-form applications seeking to 
participate in a Commission auction for licenses in the same or 
overlapping markets. Thus, unless they have identified each other on 
their short-form applications as parties with whom they have entered 
into agreements under 47 CFR 1.2105(a)(2)(viii), applicants for any of 
the same or overlapping markets must affirmatively avoid all 
communications with or disclosures to each other that affect or have 
the potential to affect bids or bidding strategy. In some instances, 
this prohibition extends to communications regarding the post-auction 
market structure. This prohibition applies to all applicants regardless 
of whether such applicants become qualified bidders or actually bid. In 
Auction 92, this rule would apply to applicants designating on the 
short-form application any of the same licenses. The rule would also 
prohibit, for example, an applicant bidding for a CMA license and 
another applicant bidding for an EA license that covers any of the same 
geographic area from communicating, absent a disclosed agreement.
    6. Applicants are also reminded that, for purposes of this 
prohibition on certain communications, 47 CFR 1.2105(c)(7)(i) defines 
applicant as including all officers and directors of the entity 
submitting a short-form application to participate in the auction, all 
controlling interests of that entity, 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. For example, where an individual served as an officer for 
two or more applicants, the Bureau has found that the bids and bidding 
strategies of one applicant are necessarily conveyed to the other 
applicant, and, absent a disclosed bidding agreement, an apparent 
violation of 47 CFR 1.2105(c) occurs.
    7. Information concerning Auction 92 applicants' license selections 
will not be available to the public. Therefore, the Commission will 
inform each applicant by letter of the identity of each of the other 
applicants that has applied for licenses covering any of the same 
geographic areas as the licenses that it has selected in its short-form 
application.
    8. Individuals and entities subject to 47 CFR 1.2105(c) should take 
special care in circumstances where their employees may receive 
information directly or indirectly from a competing applicant relating 
to any competing applicant's bids or bidding strategies. An exception 
to the prohibition on certain communications allows non-controlling 
interest holders to obtain interests in more than one competing 
applicant without violating 47 CFR 1.2105(c), provided specified 
conditions are met (including a certification that no prohibited 
communications have occurred or will occur), but that exception does 
not extend to controlling interest holders.
    9. Auction 92 applicants selecting licenses for any of the same 
geographic license areas are encouraged not to use the same individual 
as an authorized bidder. A violation of 47 CFR 1.2105(c) 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 such applicants. Also, if the authorized 
bidders are different individuals employed by the same organization 
(e.g., law firm or engineering firm or consulting firm), a violation 
similarly could occur. In such a case, at a minimum, applicants should 
certify on their applications that precautionary steps have been taken 
to prevent communication between authorized bidders and that applicants 
and their bidding agents will comply with 47 CFR 1.2105(c).
b. Prohibition Applies Until Down Payment Deadline
    10. 47 CFR 1.2105(c)'s prohibition on certain communications begins 
at the short-form application filing deadline and ends at the down 
payment deadline after the auction, which will be announced in a future 
public notice.
c. Prohibited Communications
    11. Applicants should note that they must not communicate directly 
or indirectly about bids or bidding strategy to other applicants in 
this auction. 47 CFR 1.2105(c) prohibits not only a communication about 
an applicant's own bids or bidding strategy, but also a communication 
of another applicant's bids or bidding strategy. While 47 CFR 1.2105(c) 
does not prohibit non-auction-

[[Page 21352]]

related business negotiations among auction applicants, applicants must 
remain vigilant so as not to communicate directly or indirectly 
information that affects, or could affect, bids or bidding strategy, or 
the negotiation of settlement agreements.
    12. Applicants are cautioned that the Commission remains vigilant 
about prohibited communications taking place in other situations. For 
example, the Commission has warned that prohibited communications 
concerning bids and bidding strategies may include communications 
regarding capital calls or requests for additional funds in support of 
bids or bidding strategies to the extent such communications convey 
information concerning bids and bidding strategies directly or 
indirectly. Moreover, the Commission has found a violation of 47 CFR 
1.2105(c) where a bidder used the Commission's bidding system to 
disclose its bidding strategy in a manner that explicitly invited other 
auction participants to cooperate and collaborate in specific markets, 
and has placed auction participants on notice that the use of its 
bidding system to disclose market information to competitors will not 
be tolerated and will subject bidders to sanctions. Accordingly, 
applicants should use caution in their dealings with other parties, 
such as members of the press, financial analysts, or others who might 
become conduits for the communication of prohibited bidding 
information. For example, where limited information disclosure 
procedures are in place, as is the case for Auction 92, a qualified 
bidder's statement to the press that it has lost bidding eligibility 
and stopped bidding in the auction could give rise to a finding of a 47 
CFR 1.2105(c) violation. Similarly, an applicant's public statement of 
intent not to participate in Auction 92 bidding could also violate the 
rule.
    13. Applicants are also hereby placed on notice that disclosure of 
information relating to bidder interests and bidder identities that has 
not yet been made public by the Commission at the time of disclosure 
may violate the provisions of 47 CFR 1.2105(c) that prohibit certain 
communications. This is so even though similar types of information 
were revealed prior to and during other Commission auctions subject to 
different information procedures. Thus, communication by an applicant 
of its license selections to another applicant for one or more of the 
same licenses, or communication of the fact that an applicant does nor 
does not hold provisionally winning bids on particular licenses, may 
well violate 47 CFR 1.2105(c).
    14. In addition, when completing short-form applications, 
applicants should avoid any statements or disclosures that may violate 
47 CFR 1.2105(c), particularly in light of the limited information 
procedures in effect for Auction 92. Specifically, applicants should 
avoid including any information in their short-form applications that 
might convey information regarding their license selection, such as 
using applicant names that refer to licenses being offered, referring 
to certain licenses or markets in describing bidding agreements, or 
including any information in attachments that may otherwise disclose 
applicants' license selections.
d. Disclosure of Bidding Agreements and Arrangements
    15. The Commission's rules do not prohibit applicants from entering 
into otherwise lawful bidding agreements before filing their short-form 
applications, as long as they disclose the existence of the 
agreement(s) in their short-form applications. If parties agree in 
principle on all material terms prior to the short-form application 
filing deadline, each party to the agreement must identify the other 
party or parties to the agreement on its short-form application under 
47 CFR 1.2105(c), even if the agreement has not been reduced to 
writing. If the parties have not agreed in principle by the short-form 
filing deadline, they should not include the names of parties to 
discussions on their applications, and they may not continue 
negotiation, discussion, or communication with any other applicants for 
licenses covering any of the same or overlapping geographic areas after 
the short-form application filing deadline.
e. Section 1.2105(c) Certification
    16. By electronically submitting a short-form application, each 
applicant in Auction 92 certifies its compliance with 47 CFR 1.2105(c). 
However, the Bureau cautions that merely filing a certifying statement 
as part of an application will not outweigh specific evidence that a 
prohibited communication has occurred, nor will it preclude the 
initiation of an investigation when warranted. The Commission has 
stated that it intends to scrutinize carefully any instances in which 
bidding patterns suggest that collusion may be occurring. Any applicant 
found to have violated 47 CFR 1.2105(c) may be subject to sanctions.
f. Duty To Report Prohibited Communications: Reporting Procedure
    17. 47 CFR 1.2105(c)(6) provides that any applicant that makes or 
receives a communication that appears to violate 47 CFR 1.2105(c) must 
report such communication in writing to the Commission immediately, and 
in no case later than five business days after the communication 
occurs. The Commission has clarified that each applicant's obligation 
to report any such communication continues beyond the five-day period 
after the communication is made, even if the report is not made within 
the five day period.
    18. 47 CFR 1.65 requires an applicant to maintain the accuracy and 
completeness of information furnished in its pending application and to 
notify the Commission of any substantial change that may be of 
decisional significance to that application. Thus, 47 CFR 1.65 requires 
an auction applicant to notify the Commission of any substantial change 
to the information or certifications included in its pending short-form 
application. An applicant is therefore required by 47 CFR 1.65 to 
report to the Commission any communication the applicant has made to or 
received from another applicant after the short-form application filing 
deadline that affects or has the potential to affect bids or bidding 
strategy, unless such communication is made to or received from a party 
to an agreement identified under 47 CFR 1.2105(a)(2)(viii).
    19. 47 CFR 1.65(a) and 1.2105(c) requires applicants in competitive 
bidding proceedings to furnish additional or corrected information 
within five days of a significant occurrence, or to amend their short-
form applications no more than five days after the applicant becomes 
aware of the need for amendment. These rules are intended to facilitate 
the auction process by making the information available promptly to all 
participants and to enable the Bureau to act expeditiously on those 
changes when such action is necessary.
    20. A party reporting any communication pursuant to 47 CFR 1.65, 
1.2105(a)(2), or 1.2105(c)(6) must take care to ensure that any report 
of a prohibited communication does not itself give rise to a violation 
of 47 CFR 1.2105(c). For example, a party's report of a prohibited 
communication could violate the rule by communicating prohibited 
information to other applicants through the use of Commission filing 
procedures that would allow such materials to be made available for 
public inspection.

[[Page 21353]]

    21. 47 CFR 1.2105(c) requires parties to file only a single report 
concerning such communications and to file that report with Commission 
personnel expressly charged with administering the Commission's 
auctions. This rule is designed to minimize the risk of inadvertent 
dissemination of information in such reports. Pursuant to the amended 
rule, any reports required by 47 CFR 1.2105(c) must be filed consistent 
with the instructions set forth in the Auction 92 Procedures Public 
Notice. For Auction 92, such reports must be filed with the Chief of 
the Auctions and Spectrum Access Division, Wireless Telecommunications 
Bureau, by the most expeditious means available. Specifically, any such 
report must be submitted by e-mail to auction92@fcc.gov or delivered to 
the following address: Margaret W. Wiener, Chief, Auctions and Spectrum 
Access Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 445 12th Street SW., Room 6423, Washington, 
DC 20554.
    22. A party seeking to report such a prohibited communication 
should consider submitting its report with a request that the report or 
portions of the submission be withheld from public inspection pursuant 
to 47 CFR 0.459. If requesting that a report be withheld from public 
inspection, the cover page of the filing must prominently display that 
the report seeks confidential treatment, and cover all of the material 
to which the request applies. Such parties also are encouraged to 
coordinate with the Auctions and Spectrum Access Division staff if they 
have any questions about the procedures for submitting such reports. 
The Auction 92 Procedures Public Notice provides additional guidance on 
procedures for submitting application-related information.
g. Winning Bidders Must Disclose Terms of Agreements
    23. Applicants that are winning bidders will be required to 
disclose in their long-form applications the specific terms, 
conditions, and parties involved in any bidding consortia, joint 
venture, partnership, or agreement, understanding, or other arrangement 
entered into relating to the competitive bidding process, including any 
agreement relating to the post-auction market structure. Applicants 
must be aware that failure to comply with the Commission's rules can 
result in enforcement action.
h. Antitrust Laws
    24. Applicants are also reminded that, regardless of compliance 
with the Commission's rules, they remain subject to the antitrust laws, 
which are designed to prevent anticompetitive behavior in the 
marketplace. Compliance with the disclosure requirements of 47 CFR 
1.2105(c) will not insulate a party from enforcement of the antitrust 
laws. For instance, a violation of the antitrust laws could arise out 
of actions taking place well before any party submitted a short-form 
application. The Commission has cited a number of examples of 
potentially anticompetitive actions that would be prohibited under 
antitrust laws: For example, actual or potential competitors may not 
agree to divide territories in order to minimize competition, 
regardless of whether they split a market in which they both do 
business, or whether they merely reserve one market for one and another 
market for the other. Similarly, the Bureau previously reminded 
potential applicants and others that even where the applicant discloses 
parties with whom it has reached an agreement on the short-form 
application, thereby permitting discussions with those parties, the 
applicant is nevertheless subject to existing antitrust laws.
    25. To the extent the Commission becomes aware of specific 
allegations that suggest that violations of the federal antitrust laws 
may have occurred, the Commission may refer such allegations to the 
United States Department of Justice for investigation. If an applicant 
is found to have violated the antitrust laws or the Commission's rules 
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, among other sanctions.
iii. Protection of Incumbent Operations
    26. 700 MHz Band licensees must operate in accordance with 
Commission rules to reduce the potential for interference to public 
reception of the signals of digital television (DTV) broadcast stations 
transmitting on DTV Channel 51. These limitations may restrict the 
ability of such geographic area licensees to use certain portions of 
the electromagnetic spectrum or provide service to some parts of their 
geographic license areas.
a. International Coordination
    27. Potential bidders seeking licenses for geographic areas that 
are near the Canadian or Mexican borders are subject to international 
agreements with Canada and Mexico. Pursuant to these agreements, the 
U.S. must protect the signals of Canadian and Mexican television 
broadcast stations located in the border area. Unless otherwise 
modified by international treaty, licensees must not cause interference 
to, and must accept harmful interference from, television broadcast 
operations in Mexico and Canada. Further, until such time as existing 
agreements are replaced or modified to reflect the new uses, licensees 
in the band will be subject to existing agreements.
b. Quiet Zones
    28. 700 MHz band licensees must protect the radio quiet zones 
specified at 47 CFR 1.924. Licensees are cautioned that they must 
receive the appropriate approvals directly from the relevant quiet zone 
entity prior to operating within the areas described in 47 CFR 1.924.
iv. Spectrum Holdings Subject to Competition Analysis
    29. To avoid anti-competitive spectrum aggregation, the Commission 
in 2008 announced its intention to apply prospectively a competitive 
analysis to spectrum acquired through auctions, just as the Commission 
has done previously to spectrum acquired through transactions. 
Accordingly, the Bureau will apply a competitive analysis to spectrum 
acquired through this auction when evaluating the winning bidder's 
long-form application. The Commission's competitive analysis includes 
an examination of the appropriate market definitions including a 
determination of the product market, geographic markets, market 
participants, and the input market for spectrum available for the 
provision of mobile telephony/broadband services.
v. Due Diligence
    30. Each applicant must take seriously its duties and 
responsibilities and carefully determine before filing an application 
that the applicant has the legal, technical and financial resources to 
participate in Auction 92, as well as construct and operate a 700 MHz 
facility if the auction applicant becomes a licensee as a result of its 
participation in this auction.
    31. The Bureau cautions potential applicants formulating their 
bidding strategies to investigate and consider the extent to which 
these frequencies are occupied, and how such occupancy may affect their 
business plans. For example, there are incumbent operations already 
licensed and operating in these bands that must be protected. These 
limitations may restrict the ability of licensees to use certain 
portions of the electromagnetic spectrum or provide

[[Page 21354]]

service to certain areas in their geographic license areas. Applicants 
should become familiar with the status of any such operations and 
applicable Commission rules, orders and any pending proceedings related 
to the service, in order to make reasoned, appropriate decisions about 
their participation in this auction and their bidding strategy.
    32. Potential applicants are reminded that they are solely 
responsible for investigating and evaluating all technical and 
marketplace factors that may have a bearing on the value of the 
licenses being offered in this auction. Bidders are responsible for 
assuring themselves that, if they win a license, they will be able to 
build and operate facilities in accordance with the Commission's rules. 
The Commission makes no representations or warranties about the use of 
this spectrum for particular services. Applicants should be aware that 
an FCC auction represents an opportunity to become a licensee subject 
to certain conditions and regulations. An FCC auction does not 
constitute an endorsement by the FCC of any particular service, 
technology, or product, nor does an FCC license constitute a guarantee 
of business success.
    33. Applicants should perform their individual due diligence before 
proceeding, as they would with any new business venture. In particular, 
potential applicants are strongly encouraged to conduct their own 
research prior to the beginning of bidding in Auction 92 in order to 
determine the existence of any pending legislative, administrative, or 
judicial proceedings that might affect their decisions regarding 
participation in the auction. Participants in Auction 92 are strongly 
encouraged to continue such research throughout the auction. In 
addition, potential bidders should perform technical analyses 
sufficient to assure themselves that, should they be a winning bidder 
in competitive bidding for a specific license, they will be able to 
build and operate facilities that will fully comply with the 
Commission's technical and legal requirements as well as other 
applicable Federal, state, and local laws.
    34. Applicants should also be aware that certain pending and future 
proceedings, including rulemaking proceedings or petitions for 
rulemaking, applications (including those for modification), requests 
for special temporary authority, waiver requests, petitions to deny, 
petitions for reconsideration, informal oppositions, and applications 
for review, before the Commission may relate to particular applicants 
or incumbent licensees or the licenses available in Auction 92. In 
addition, pending and future judicial proceedings may also relate to 
particular applicants or incumbent licensees, or to the licenses 
available in Auction 92. Prospective applicants are responsible for 
assessing the likelihood of the various possible outcomes and for 
considering their potential impact on spectrum licenses available in 
this auction.
    35. Applicants should perform due diligence to identify and 
consider all proceedings that may affect the spectrum licenses being 
auctioned and that could have an impact on the availability of spectrum 
for Auction 92. In addition, although the Commission may continue to 
act on various pending applications, informal objections, petitions, 
and other requests for Commission relief, some of these matters may not 
be resolved by the beginning of bidding in the auction. Applicants are 
solely responsible for identifying associated risks and for 
investigating and evaluating the degree to which such matters may 
affect their ability to bid on, otherwise acquire, or make use of 
licenses being offered in this auction.
    36. Applicants may research the Bureau's licensing database on the 
Internet in order to determine which frequencies are already licensed 
to incumbent licensees. Applicants may obtain information about 
licenses available in Auction 92 through the Bureau's online licensing 
databases at https://wireless.fcc.gov/uls. Additional guidance on 
searching these databases is provided in the Auction 92 Procedures 
Public Notice.
    37. The Commission makes no representations or guarantees regarding 
the accuracy or completeness of information in its databases or any 
third party databases, including, for example, court docketing systems. 
To the extent the Commission's databases may not include all 
information deemed necessary or desirable by an applicant, applicants 
may obtain or verify such information from independent sources or 
assume the risk of any incompleteness or inaccuracy in said databases. 
Furthermore, the Commission makes no representations or guarantees 
regarding the accuracy or completeness of information that has been 
provided by incumbent licensees and incorporated into its databases.
    38. Potential applicants are strongly encouraged to physically 
inspect any prospective sites located in, or near, the geographic area 
for which they plan to bid, and also to familiarize themselves with the 
relevant environmental review obligations.
vi. Use of Integrated Spectrum Auction System
    39. The Commission will make available a browser-based bidding 
system to allow bidders to participate in Auction 92 over the Internet 
using the Commission's Integrated Spectrum Auction System (ISAS or FCC 
Auction System). The Commission makes no warranty whatsoever with 
respect to the FCC Auction System. In no event shall the Commission, or 
any of its officers, employees, or agents, be liable for any damages 
whatsoever (including, but not limited to, loss of business profits, 
business interruption, loss of business information, or any other loss) 
arising out of or relating to the existence, furnishing, functioning, 
or use of the FCC Auction System that is accessible to qualified 
bidders in connection with this auction. Moreover, no obligation or 
liability will arise out of the Commission's technical, programming, or 
other advice or service provided in connection with the FCC Auction 
System.
vii. Environmental Review Requirements
    40. Licensees must comply with the Commission's rules regarding 
implementation of the National Environmental Policy Act and other 
federal environmental statutes. The construction of a wireless antenna 
facility is a federal action and the licensee must comply with the 
Commission's environmental rules for each such facility. Further 
information about such environmental review requirements is provided in 
the Auction 92 Procedures Public Notice.

C. Auction Specifics

i. Auction Start Date
    41. Bidding in Auction 92 will begin on Tuesday, July 19, 2011. The 
initial schedule for bidding will be announced by public notice at 
least one week before the start of the auction. Unless otherwise 
announced, bidding on all licenses will be conducted on each business 
day until bidding has stopped on all licenses.
ii. Bidding Methodology
    42. As discussed in more detail in the Auction 92 Procedures Public 
Notice, the bidding methodology for Auction 92 will be simultaneous 
multiple round (SMR) bidding. The Commission will conduct this auction 
over the Internet using the FCC Auction System, and telephonic bidding 
will be available as well. Qualified bidders are permitted to bid 
electronically via the Internet or by

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telephone. All telephone calls are recorded.
iii. Pre-Auction Dates and Deadlines
    43. The following dates and deadlines apply:

Auction Tutorial Available (via Internet).....  May 2, 2011.
Short-Form Application (FCC Form 175)
    Filing Window Opens May 2, 2011;..........  12 noon ET.
Short-Form Application (FCC Form 175)
    Filing Window Deadline....................  May 11, 2011; prior to 6:00 p.m. ET.
    Upfront Payments (via wire transfer)......  June 17, 2011; 6:00 p.m. ET.
    Mock Auction..............................  July 15, 2011.
    Auction Begins............................  July 19, 2011.
 

iv. Requirements for Participation
    44. Those wishing to participate in this auction must: (1) submit a 
short-form application (FCC Form 175) electronically prior to 6:00 p.m. 
ET, May 11, 2011, following the electronic filing procedures set forth 
in Attachment C to the Auction 92 Procedures Public Notice; (2) submit 
a sufficient upfront payment and an FCC Remittance Advice Form (FCC 
Form 159) by 6:00 p.m. ET, June 17, 2011, following the procedures and 
instructions set forth in Attachment D to the Auction 92 Procedures 
Public Notice; and (3) comply with all provisions outlined in the 
Auction 92 Procedures Public Notice and applicable Commission rules.

II. Short-Form Application (FCC Form 175) Requirements

A. General Information Regarding Short-Form Applications

    45. An application to participate in an FCC auction, referred to as 
a short-form application or FCC Form 175, provides information used in 
determining whether the applicant is legally, technically, and 
financially qualified to participate in Commission auctions for 
licenses or permits. The short-form application is the first part of 
the Commission's two-phased auction application process. In the first 
phase of this process, parties desiring to participate in the auction 
must file streamlined, short-form applications in which they certify 
under penalty of perjury as to their qualifications. Eligibility to 
participate in bidding is based on the applicants' short-form 
applications and certifications as well as their upfront payments. In 
the second phase of the process, winning bidders must file a more 
comprehensive long-form application (FCC Form 601) and have a complete 
and accurate ownership disclosure information report (FCC Form 602) on 
file with the Commission.
    46. Entities and individuals seeking licenses available in Auction 
92 must file a short-form application electronically via the FCC 
Auction System prior to 6 p.m. ET on May 11, 2011, following the 
procedures prescribed in Attachment C to the Auction 92 Procedures 
Public Notice. If an applicant claims eligibility for a bidding credit, 
the information provided in its FCC Form 175 will be used in 
determining whether the applicant is eligible for the claimed bidding 
credit. Applicants filing a short-form application are subject to the 
Commission's rule prohibiting certain communications beginning on the 
deadline for filing.
    47. Applicants bear full responsibility for submitting accurate, 
complete and timely short-form applications. All applicants must 
certify on their short-form applications under penalty of perjury that 
they are legally, technically, financially and otherwise qualified to 
hold a license. Applicants should read carefully the instructions set 
forth in Attachment C to the Auction 92 Procedures Public Notice and 
should consult the Commission's rules to ensure that, in addition to 
the materials described in that public notice, all the information that 
is required under the Commission's rules is included within their 
short-form applications.
    48. An individual or entity may not submit more than one short-form 
application for a single auction. If a party submits multiple short-
form applications, only one application may be accepted for filing.
    49. Applicants also should note that submission of a short-form 
application (and any amendments thereto) constitutes a representation 
by the certifying official that he or she is an authorized 
representative of the applicant, that he or she has read the form's 
instructions and certifications, and that the contents of the 
application, its certifications, and any attachments are true and 
correct. Applicants are not permitted to make major modifications to 
their applications; such impermissible changes include a change of the 
certifying official to the application. 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.

B. License Selection

    50. An applicant must select the licenses on which it wants to bid 
from the Eligible Licenses list on its short-form application. 
Applicants interested in participating in Auction 92 must have selected 
license(s) available in this auction by the short-form application 
filing deadline. Applicants must review and verify their license 
selections before the deadline for submitting short-form applications. 
Applicants will not be able to change their license selections after 
the short-form application filing deadline. The FCC Auction System will 
not accept bids from an applicant on licenses that the applicant has 
not selected on its short-form application.

C. Disclosure of Bidding Arrangements

    51. Applicants will be required to identify in their short-form 
application all parties with whom they have entered into any 
agreements, arrangements, or understandings of any kind relating to the 
licenses being auctioned, including any agreements relating to post-
auction market structure.
    52. After the filing of short-form applications, the Commission's 
rules do not prohibit a party holding a non-controlling, attributable 
interest in one applicant from acquiring an ownership interest in or 
entering into a joint bidding arrangement with other applicants, 
provided that: (1) The attributable interest holder certifies that it 
has not and will not communicate with any party concerning the bids or 
bidding strategies of more than one of the applicants in which it holds 
an attributable interest, or with which it has entered into a joint 
bidding arrangement; and (2) the arrangements do not result in a change 
in control of any of the applicants.

D. Ownership Disclosure Requirements

    53. All applicants must comply with the uniform Part 1 ownership 
disclosure standards and provide information

[[Page 21356]]

required by 47 CFR 1.2105 and 1.2112. Specifically, in completing the 
short-form application, applicants will be required to fully disclose 
information on the real party- or parties-in-interest and ownership 
structure of the applicant, including both direct and indirect 
ownership interests of 10 percent or more. The ownership disclosure 
standards for the short-form application are prescribed in 47 CFR 
1.2105 and 1.2112. Each applicant is responsible for information 
submitted in its short-form application being complete and accurate.
    54. In certain circumstances, an applicant's most current ownership 
information on file with the Commission, if in an electronic format 
compatible with the short-form application (such as information 
submitted in an on-line FCC Form 602 or in an FCC Form 175 filed for a 
previous auction using ISAS) will automatically be entered into the 
applicant's short-form application. Each applicant is responsible for 
ensuring that the information submitted in their short-form application 
for Auction 92 is complete and accurate. Accordingly, applicants should 
carefully review any information automatically entered to confirm that 
it is complete and accurate as of the deadline for filing the short-
form application. Applicants can update directly in the short-form 
application any information that was entered automatically and needs to 
be changed.

E. Designated Entity Provisions

    55. Eligible applicants in Auction 92 may claim small business 
bidding credits. In addition to the information provided below, 
applicants should review carefully the Commission's decisions regarding 
the designated entity provisions.
i. Bidding Credits for Small Businesses
    56. A bidding credit represents an amount by which a bidder's 
winning bid will be discounted. For Auction 92, bidding credits will be 
available to small businesses and very small businesses, and consortia 
thereof.
a. Bidding Credit Eligibility Criteria
    57. The level of bidding credit is determined as follows: (1) A 
bidder with attributed average annual gross revenues that exceed $15 
million and do not exceed $40 million for the preceding three years 
(small business) will receive a 15 percent discount on its winning bid; 
and (2) a bidder with attributed average annual gross revenues that do 
not exceed $15 million for the preceding three years (very small 
business) will receive a 25 percent discount on its winning bid.
    58. Bidding credits are not cumulative. A qualifying applicant may 
claim either a 15 percent or 25 percent bidding credit on its winning 
bid.
b. Revenue Disclosure on Short-Form Application
    59. An entity applying as a small or very small business must 
provide gross revenues for the preceding three years of each of the 
following: (1) The applicant, (2) its affiliates, (3) its controlling 
interests, (4) the affiliates of its controlling interests, and (5) the 
entities with which it has an attributable material relationship. 
Certification that the average annual gross revenues of such entities 
and individuals for the preceding three years do not exceed the 
applicable limit is not sufficient. Additionally, if an applicant is 
applying as a consortium of small businesses or very small businesses, 
this information must be provided for each consortium member.
ii. Attributable Interests
a. Controlling Interests
    60. Controlling interests of an applicant include individuals and 
entities with either de facto or de jure control of the applicant. 
Typically, ownership of greater than 50 percent of an entity's voting 
stock evidences de jure control. De facto control is determined on a 
case-by-case basis. The following are some common indicia of de facto 
control: (1) The entity constitutes or appoints more than 50 percent of 
the board of directors or management committee; (2) the entity has 
authority to appoint, promote, demote, and fire senior executives that 
control the day-to-day activities of the licensee; and (3) the entity 
plays an integral role in management decisions.
    61. Applicants should refer to 47 CFR 1.2110(c)(2) and Attachment C 
of the Auction 92 Procedures Public Notice to understand how certain 
interests are calculated in determining control. For example, pursuant 
to 47 CFR 1.2110(c)(2)(ii)(F), officers and directors of an applicant 
are considered to have controlling interest in the applicant.
b. Affiliates
    62. Affiliates of an applicant or controlling interest include an 
individual or entity that: (1) Directly or indirectly controls or has 
the power to control the applicant; (2) is directly or indirectly 
controlled by the applicant; (3) is directly or indirectly controlled 
by a third party that also controls or has the power to control the 
applicant; or (4) has an ``identity of interest'' with the applicant. 
The Commission's definition of an affiliate of the applicant 
encompasses both controlling interests of the applicant and affiliates 
of controlling interests of the applicant. For more information 
regarding affiliates, applicants should refer to 47 CFR 1.2110(c)(5) 
and Attachment C to the Auction 92 Procedures Public Notice.
c. Material Relationships
    63. The Commission requires the consideration of certain leasing 
and resale (including wholesale) relationships--referred to as 
attributable material relationships--in determining designated entity 
eligibility for bidding credits. An applicant or licensee has an 
attributable material relationship when it has one or more agreements 
with any individual entity for the lease or resale (including under a 
wholesale agreement) of, on a cumulative basis, more than 25 percent of 
the spectrum capacity of any individual license held by the applicant 
or licensee. The attributable material relationship will cause the 
gross revenues of that entity and its attributable interest holders to 
be attributed to the applicant or licensee for the purposes of 
determining the applicant's or licensee's (i) eligibility for 
designated entity benefits and (ii) liability for unjust enrichment on 
a license-by-license basis.
    64. The Commission grandfathered material relationships in 
existence before the release of the Designated Entity Second Report and 
Order, meaning that those preexisting relationships alone would not 
cause the Commission to examine a designated entity's ongoing 
eligibility for existing benefits or its liability for unjust 
enrichment. The Commission did not, however, grandfather preexisting 
material relationships for determinations of an applicant's or 
licensee's designated entity eligibility for future auctions or in the 
context of future assignments, transfers of control, spectrum leases, 
or other reportable eligibility events. Rather, in such circumstances, 
the Commission reexamines the applicant's or licensee's designated 
entity eligibility, taking into account all existing material 
relationships, including those previously grandfathered.
d. Gross Revenue Exceptions
    65. The Commission has clarified that, in calculating an 
applicant's gross revenues under the controlling interest standard, it 
will not attribute to the applicant the personal net worth, including 
personal income, of its officers and directors. However, to the

[[Page 21357]]

extent that an officer or director of the applicant is a controlling 
interest holder of other entities, the gross revenues of those entities 
will be attributed to the applicant. Moreover, if an officer or 
director operates a separate business, the gross revenues derived from 
that separate business would be attributed to the applicant, although 
income from such separate business which is only personal income would 
not be attributed.
    66. The Commission has also exempted from attribution to the 
applicant the gross revenues of the affiliates of a rural telephone 
cooperative's officers and directors, if certain conditions specified 
in 47 CFR 1.2110(b)(3)(iii) are met. An applicant claiming this 
exemption must provide, in an attachment, an affirmative statement that 
the applicant, affiliate and/or controlling interest is an eligible 
rural telephone cooperative within the meaning of 47 CFR 
1.2110(b)(3)(iii), and the applicant must supply any additional 
information as may be required to demonstrate eligibility for the 
exemption from the attribution rule. Applicants seeking to claim this 
exemption must meet all of the conditions. Additional guidance on 
claiming this exemption may be found in Attachment C to the Auction 92 
Procedures Public Notice.
e. Bidding Consortia
    67. A consortium of small businesses or very small businesses is a 
conglomerate organization composed of two or more entities, each of 
which individually satisfies the definition of a small business or very 
small business. Thus, each member of a consortium of small businesses 
or very small businesses that applies to participate in Auction 92 must 
individually meet the criteria for small businesses or very small 
businesses. Each consortium member must disclose its gross revenues 
along with those of its affiliates, its controlling interests, the 
affiliates of its controlling interests, and any entities having an 
attributable material relationship with the member. Although the gross 
revenues of the consortium members will not be aggregated for purposes 
of determining the consortium's eligibility as a small business or very 
small business, this information must be provided to ensure that each 
individual consortium member qualifies for any bidding credit awarded 
to the consortium.

F. Tribal Lands Bidding Credit

    68. Applicants do not provide information regarding tribal lands 
bidding credits on their short-form applications. Instead, winning 
bidders may apply for the tribal lands bidding credit after the auction 
when they file their more detailed, long-form applications.

G. Provisions Regarding Former and Current Defaulters

    69. Current defaulters or delinquents are not eligible to 
participate in Auction 92, but former defaulters can participate so 
long as they are otherwise qualified and make upfront payments that are 
fifty percent more than the normal upfront payment amounts. An 
applicant is considered a current defaulter or a current delinquent 
when it, any of its affiliates, any of its controlling interests, or 
any of the affiliates of its controlling interests, is in default on 
any payment for any Commission license (including a down payment) or is 
delinquent on any non-tax debt owed to any Federal agency as of the 
filing deadline for short-form applications. An applicant is considered 
a former defaulter or a former delinquent when it, any of its 
affiliates, any of its controlling interests, or any of the affiliates 
of its controlling interests, have defaulted on any Commission license 
or been delinquent on any non-tax debt owed to any Federal agency, but 
have since remedied all such defaults and cured all of the outstanding 
non-tax delinquencies.
    70. On the short-form application, an applicant must certify under 
penalty of perjury that it, its affiliates, its controlling interests, 
and the affiliates of its controlling interests, as defined by 47 CFR 
1.2110, are not in default on any payment for a Commission license 
(including down payments) and that it is not delinquent on any non-tax 
debt owed to any Federal agency. Each applicant must also state under 
penalty of perjury whether it, its affiliates, its controlling 
interests, and the affiliates of its controlling interests, have ever 
been in default on any Commission license or have ever been delinquent 
on any non-tax debt owed to any Federal agency. Prospective applicants 
are reminded that submission of a false certification to the Commission 
is a serious matter that may result in severe penalties, including 
monetary forfeitures, license revocations, exclusion from participation 
in future auctions, and/or criminal prosecution. These statements and 
certifications are prerequisites to submitting an application to 
participate in an FCC auction.
    71. Applicants are encouraged to review the Bureau's previous 
guidance on default and delinquency disclosure requirements in the 
context of the short-form application process. For example, to the 
extent that Commission rules permit late payment of regulatory or 
application fees accompanied by late fees, such debts will become 
delinquent for purposes of 47 CFR 1.2105(a) and 1.2106(a) only after 
the expiration of a final payment deadline. Therefore, with respect to 
regulatory or application fees, the provisions of 47 CFR 1.2105(a) and 
1.2106(a) regarding default and delinquency in connection with 
competitive bidding are limited to circumstances in which the relevant 
party has not complied with a final Commission payment deadline. 
Parties are also encouraged to consult with the Bureau's Auctions and 
Spectrum Access Division staff if they have any questions about default 
and delinquency disclosure requirements.
    72. The Commission considers outstanding debts owed to the United 
States Government, in any amount, to be a serious matter. The 
Commission adopted rules, including a provision referred to as the red 
light rule, that implement the Commission's obligations under the Debt 
Collection Improvement Act of 1996, which governs the collection of 
claims owed to the United States. Under the red light rule, the 
Commission will not process applications and other requests for 
benefits filed by parties that have outstanding debts owed to the 
Commission. In the same rulemaking order, the Commission explicitly 
declared, however, that the Commission's competitive bidding rules are 
not affected by the red light rule. As a consequence, the Commission's 
adoption of the red light rule does not alter the applicability of any 
of the Commission's competitive bidding rules, including the provisions 
and certifications of 47 CFR 1.2105 and 1.2106, with regard to current 
and former defaults or delinquencies.
    73. Applicants are reminded, however, that the Commission's Red 
Light Display System, which provides information regarding debts 
currently owed to the Commission, may not be determinative of an 
auction applicant's ability to comply with the default and delinquency 
disclosure requirements of 47 CFR 1.2105. Thus, while the red light 
rule ultimately may prevent the processing of long-form applications by 
auction winners, an auction applicant's lack of current red light 
status is not necessarily determinative of its eligibility to 
participate in an auction or of its upfront payment obligation.
    74. Moreover, prospective applicants in Auction 92 should note that 
any long-form applications filed after the close of bidding will be 
reviewed for compliance with the Commission's red light rule, and such 
review may result in the

[[Page 21358]]

dismissal of a winning bidder's long-form application. Applicants that 
have their long-form application dismissed will be deemed to have 
default and will be subject to default payments under 47 CFR 1.2104(f) 
and 1.2109(c).

H. Optional Applicant Status Identification

    75. Applicants owned by members of minority groups and/or women, as 
defined in 47 CFR 1.2110(c)(3), and rural telephone companies, as 
defined in 47 CFR 1.2110(c)(4), may identify themselves regarding this 
status in filling out their short-form applications. This applicant 
status information is collected for statistical purposes only and 
assists the Commission in monitoring the participation of designated 
entities in its auctions.

I. Minor Modifications to Short-Form Applications

    76. After the deadline for filing initial applications, an Auction 
92 applicant is permitted to make only minor changes to its 
application. Permissible minor changes include, among other things, 
deletion and addition of authorized bidders (to a maximum of three) and 
revision of addresses and telephone numbers of the applicant and its 
contact person. An applicant is not permitted to make a major 
modification to its application (e.g., change of license selection, 
change control of the applicant, change the certifying official, or 
claim eligibility for a higher percentage of bidding credit) after the 
initial application filing deadline. Thus, any change in control of an 
applicant, resulting from a merger, for example, will be considered a 
major modification to the applicant's application, which will 
consequently be dismissed. Even if an applicant's short-form 
application is dismissed, the applicant would remain subject to the 
prohibition of certain communications pursuant to 47 CFR 1.2105(c) 
until the down payment deadline, which will be established after the 
auction closes.
    77. If an applicant wishes to make permissible minor changes to its 
short-form application, such changes should be made electronically to 
its short-form application using the FCC Auction System whenever 
possible. Applicants are reminded to click on the SUBMIT button in the 
FCC Auction System for the change to be submitted and considered by the 
Commission. After the revised application has been submitted, a 
confirmation page will be displayed that states the submission time, 
submission date and a unique file number. The Bureau advises applicant 
to print and retain a copy of this confirmation page.
    78. An applicant cannot use the FCC Auction System outside of the 
initial and resubmission filing windows to make changes to its short-
form application other than administrative changes (e.g. changing 
certain contact information or the name of an authorized bidder). If 
these or other permissible minor changes need to be made outside of 
these windows, the applicant must submit a letter briefly summarizing 
the changes and subsequently update its short-form application in ISAS 
once the system is available. Moreover, after the filing window has 
closed, ISAS will not permit applicants to make certain changes, such 
as the applicant's legal classification and bidding credit.
    79. Any letter describing changes to an applicant's short-form 
application should be submitted by e-mail to auction92@fcc.gov. The e-
mail summarizing the changes must include a subject or caption 
referring to Auction 92 and the name of the applicant, for example, RE: 
Changes to Auction 92 Short-Form Application of ABC Corp. The Bureau 
requests that parties format any attachments to e-mail as Adobe[supreg] 
Acrobat[supreg] (pdf) or Microsoft[supreg] Word documents. Questions 
about short-form application amendments should be directed to the 
Auctions and Spectrum Access Division at (202) 418-0660.
    80. Any application amendment and related statements of fact must 
be certified by (1) the applicant, if the applicant is an individual; 
(2) one of the partners if the applicant is a partnership; (3) an 
officer, director, or duly authorized employee, if the applicant is a 
corporation; (4) a member who is an officer, if the applicant is an 
unincorporated association; (5) the trustee, if the applicant is an 
amateur radio service club; or (6) a duly elected or appointed official 
who is authorized to make such certifications under the laws of the 
applicable jurisdiction, if the applicant is a governmental entity.
    81. Applicants must not submit application-specific material 
through the Commission's Electronic Comment Filing System (ECFS), which 
was used for submitting comments regarding Auction 92. Parties 
submitting information related to their applications should use caution 
to ensure that their submissions do not contain confidential 
information or communicate information that would violate 47 CFR 
1.2105(c) or the limited information procedures adopted for Auction 92. 
A party seeking to submit information that might reflect non-public 
information, such as an applicant's license selections, upfront payment 
amount, or bidding eligibility, should consider submitting any such 
information along with a request that the filing or portions of the 
filing be withheld from public inspection until the end of the 
prohibition of certain communications pursuant to 47 CFR 1.2105(c).

J. Maintaining Current Information in Short-Form Applications

    82. 47 CFR 1.65 and 1.2105(b) require an applicant to maintain the 
accuracy and completeness of information furnished in its pending 
application and in competitive bidding proceedings to furnish 
additional or corrected information to the Commission within five days 
of a significant occurrence, or to amend a short form application no 
more than five days after the applicant becomes aware of the need for 
the amendment. Changes that cause a loss of or reduction in the 
percentage of bidding credit specified on the originally submitted 
application must be reported immediately, and no later than five 
business days after the change occurs. If an amendment reporting 
substantial changes is a major amendment, as defined by 47 CFR 1.2105, 
the major amendment will not be accepted and may result in the 
dismissal of the application. As explained previously, after the 
application filing deadline, applicants may make only minor changes to 
their applications. Applicants must click on the SUBMIT button in the 
FCC Auction System for the changes to be submitted and considered by 
the Commission. In addition, an applicant cannot update its short-form 
application using the FCC Auction System after the initial and 
resubmission filing windows close. If 47 CFR 1.65 submissions are 
needed after these windows close, applicants must submit a letter, 
briefly summarizing the changes, by e-mail to auction92@fcc.gov. The e-
mail summarizing the changes must include a subject or caption 
referring to Auction 92 and the name of the applicant. The Bureau 
requests that parties format any attachments to e-mail as Adobe[supreg] 
Acrobat[supreg] (pdf) or Microsoft[supreg] Word documents. Applicants 
must not submit application-specific material through ECFS. A party 
seeking to submit information that might reflect non-public 
information, such as an applicant's license selections, upfront payment 
amount, or bidding eligibility, should consider submitting any such 
information along with a request that the filing or portions of the 
filing be withheld from public inspection until the end of the 
prohibition of certain

[[Page 21359]]

communications pursuant to 47 CFR 1.2105(c).

III. Pre-Auction Procedures

A. Online Auction Tutorial--Available May 2, 2011

    83. No later than Monday, May 2, 2011, the Commission will post an 
educational auction tutorial on the Auction 92 web page for prospective 
bidders to familiarize themselves with the auction process. This online 
tutorial will provide information about pre-auction procedures, 
completing short-form applications, auction conduct, the FCC Auction 
Bidding System, auction rules, and 700 MHz Band service rules. The 
tutorial will also provide an avenue to ask FCC staff questions about 
the auction, auction procedures, filing requirements, and other matters 
related to this auction.
    84. The auction tutorial will be accessible through a web browser 
from the FCC's Auction 92 web page at https://wireless.fcc.gov/auctions/92/ through an Auction Tutorial link. Once posted, this tutorial will 
remain available for reference in connection with the procedures 
outlined in the Auction 92 Procedures Public Notice and accessible 
anytime.

B. Short-Form Applications--Due Prior to 6 p.m. ET on May 11, 2011

    85. In order to be eligible to bid in this auction, applicants must 
first follow the procedures set forth in Attachment C to the Auction 92 
Procedures Public Notice to submit a short-form application (FCC Form 
175) electronically via the FCC Auction System. This short-form 
application must be submitted through the FCC Auction System prior to 6 
p.m. ET on May 11, 2011. Late applications will not be accepted. There 
is no application fee required when filing an FCC Form 175, but an 
applicant must submit a timely upfront payment to be eligible to bid.
    86. Applications may generally be filed at any time beginning at 
noon ET on May 2, 2011, until the filing window closes at 6 p.m. ET on 
May 11, 2011. Applicants are strongly encouraged to file early and are 
responsible for allowing adequate time for filing their applications. 
Applicants may update or amend their applications multiple times until 
the filing deadline on May 11, 2011.
    87. An applicant must always click on the SUBMIT button on the 
Certify & Submit screen to successfully submit its FCC Form 175 and any 
modifications; otherwise the application or changes to the application 
will not be received or reviewed. Additional information about 
accessing, completing, and viewing the FCC Form 175 is included in 
Attachment C of the Auction 92 Procedures Public Notice.

C. Application Processing and Minor Corrections

    88. After the deadline for filing FCC Form 175 applications, the 
Commission will process all timely submitted applications to determine 
which are complete, and subsequently will issue a public notice 
identifying (1) those applications that are complete; (2) those 
applications that are rejected; and (3) those applications that are 
incomplete because of minor defects that may be corrected. The public 
notice will include the deadline for resubmitting corrected 
applications.
    89. After the application filing deadline on May 11, 2011, 
applicants continue to be able to make only minor corrections to their 
applications. Applicants will not be permitted to make major 
modifications to their applications (e.g., change license selection, 
change control of the applicant, change the certifying official, or 
claim eligibility for a higher percentage of bidding credit).
    90. Commission staff will communicate only with an applicant's 
contact person or certifying official, as designated on the applicant's 
short-form application, unless the applicant's certifying official or 
contact person notifies the Commission in writing that applicant's 
counsel or other representative is authorized to speak on its behalf. 
Authorizations may be sent by e-mail to auction92@fcc.gov.

D. Upfront Payments--Due June 17, 2011

    91. In order to be eligible to bid in this auction, applicants must 
s