FCC Releases Public Notice on Auction 101 & 102 Qualified Bidders and Auction Information

On October 31, 2018, the Wireless Telecommunications Bureau (the “Bureau”) released an Auction 101 Public Notice (the “101 Notice”) identifying the applicants qualified to bid in Auction 101, along with an Auction 102 Public Notice (the “102 Notice”) announcing auction applications deemed to be complete (AU Docket No. 18-85). Auction 101 is scheduled to begin Wednesday, November 14, 2018. Auction 102 will be scheduled to begin after the conclusion of bidding in Auction 101. Both the 101 Notice and the 102 Notice (collectively, the “Notices”) provide important information to qualified bidders and applicants regarding the Bidding System, continuing obligations, the start of bidding, and specific auction procedures. Please see below for details regarding each auction.

Auction 101

Attachment A to the 101 Notice lists the 40 qualified bidders eligible to bid in the Auction and have been automatically registered for the auction. Qualified bidders can view eligibility determinations in the Auction Application System and should review the Auction 101 Procedures Public Notice. Attachment B to the 101 Notice lists each applicant that submitted a short-form application but did not qualify to bid in Auction 101 (“non-qualified applicants”).

Detailed Auction 101 information is as follows:

  • All qualified bidders in Auction 101 will be eligible to participate in a mock auction on Thursday, November 8, 2018.
  • Bidding in Auction 101 will be November 14, 2018 from 10:00 am – 4:00 pm.
  • The Commission’s rules require that Applicants maintain the accuracy and completeness of information furnished in their applications to participate in Auction 101. Applicants that need to make permissible minor changes to its FCC Form 175 should make changes electronically using the FCC auction applications system and submit a letter briefly summarizing the changes to its FCC Form 175 to [email protected].
  • The FCC will release a public notice declaring the auction closed and establishing deadlines for submitting down payments and final payments once bidding has ended. Each winning bidder will have ten business days following the release of that public notice to make down payments, and final payments will be due ten business days after the deadline for submitting down payments.
  • The Commission encourages bidders to review auction procedures, specifically the FCC Auction Bidding System User Guide and online bidding tutorial available in the “Education” section of the Auction 101 website at www.fcc.gov/auction903.

Auction 102

Attachment A to the 102 Notice lists the 58 applications received for Auction 102 that have been deemed to be complete. Each applicant with an application deemed complete must also submit a timely and sufficient upfront payment. Attachment B to the 102 Notice lists 2 applications that that are listed as incomplete and cannot become qualified to bid in Auction 102. Further details of the 102 Notice are as follows:

  • The FCC will release a future public notice announcing all applicants qualified to bid in Auction 102, along with Auction 102 dates, details, bidding schedules, and information about a mock auction.
  • Modifications to FCC Form 175 applications and other information submitted after the initial filing deadline will become publicly available after the release of the public notice announcing Auction 102 qualified bidders.
  • Applicants are required to maintain the accuracy and completeness of information furnished in its pending short-form application to participate in Auction 102, and should update applications within five days of a significant occurrence or knowledge of the need for amendment. Applicants that need to make permissible minor changes to its FCC Form 175 or its short-form application should make changes electronically using the FCC auction applications system. Significant or substantive changes should be submitted via a letter briefly summarizing the changes to [email protected].
  • Applicants should refer to previous Auction 102 public notices, including the Auction 102 Procedures Public Notice, for more information.

Both Notices remind all applicants that the prohibited communications anti-collusion rule applies to all applicants, regardless of whether they submitted a “qualified” application or not.

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