FCC Releases Public Notice on Post-Auction 101 Procedures and Information
On January 31, 2019, the Commission released a Public Notice (“Notice”) detailing the close of Auction 101 for 28 GHZ UMFUS licenses, which raised a total of $702,572,410 with a total of 2,965 licenses won. The Notice outlines deadlines for payments and filing of long-form applications, as well as details for other post-auction procedures, but does not announce winning bidders as this information will remain non-public until after the close of bidding in Auction 102.
Post-Auction Deadlines and Procedures
Down payments are due by 6:00 pm ET on February 14, 2019 and must be received in the Commission’s account at the US Treasury – each winning bidder in Auction 101 must have on deposit with the Commission enough funds to cover the down payment on its winning bid, and each winning bidder’s total amount on deposit must be 20 percent of the aggregate net amount of its winning bid(s). Any bidder whose upfront payment is not sufficient to meet this requirement must deposit additional funds to meet its required down payment.
Each winning bidder in Auction 101 must submit a payment of the balance of the net payment amount for its winning bid(s), as set out its in confidential results letter. This payment must be made by wire transfer and be received in the Commission’s US Treasury account before 6:00 pm ET on March 1, 2019. Late payments must be made before 6:00 pm ET on March 15, 2019, along with the five percent late fee to avoid default. Requests for a tribal lands bidding credit have no effect on auction payments and still must be paid in full and on time. If a request is approved, the amount of the credit will be calculated and awarded prior to license grant.
Method of Payment for Down Payments and Final Payments
All down payments and final payments must be made by wire transfer. Winning bidders are encouraged to pay close attention to the payment instructions in this Notice as they are different from instructions provided in past auctions and from upfront payment procedures for this auction. For down payments or final payments, the Commission will no longer require a Form 159.
Withdrawal, Default, and Disqualification Payments; Refunds
The Commission imposes payment obligations on bidders that withdraw provisionally winning bids during the course of an auction, on bidders that default on payments due after an auction closes, and on bidders that are disqualified. Please review these provisions carefully for any further instructions or obligations. The Commission will also refund payments in excess of an applicant’s Auction 101 obligations pursuant to a written request by the applicant as detailed in this Notice.
Post-Auction Long Form License Application (FCC Form 601)
Each winning bidder must submit electronically a properly-completed long-form application (Form 601) for all licenses for which it was the winning bidder in Auction 101 before 6:00 pm ET on February 14, 2019. Instructions are available on the Auction 101 website at www.fcc.gov/auction/101.
Tribal Lands Bidding Credit
A winning bidder that intends to use its license(s) to deploy facilities and to provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or less that 85 percent is eligible to receive a tribal lands bidding credit. These credits are in addition to and separate from any other credit for which a winning bidder may qualify. Winning bidders may apply for the credit in their Form 601 post-auction applications, along with a single separate application for all of the licenses won in the auction for which the bidder will seek a credit. The bidder will then have 180 days from the close of the filing window to amend its application to select specific tribal lands to be served and to provide the required certifications.
Applicants for licenses offered at auction must have on file a current ownership disclosure information report (Form 602) at the time it submits Form 601.
With the release of this Notice, all required changes to applicant information must be made by filing or amending the Form 601 in ULS, and an applicant is no longer required to maintain the accuracy of its short-form Form 175.
The WTB will issue a future public notice listing the long-form applications that are acceptable for filing after the close of Auction 102, when parties will have 10 days to file petitions to deny any of the applications.
The FCC reminds parties of the prohibition on certain communications under the Anti-Collusion rules for all applicants until the close of Auction 102.
The bidding system for Auction 101 will remain accessible to qualified bidders until 12:00 pm ET on Wednesday, February 6, 2019.
Bidders should return SecurID tokens by February 14, 2019 for recycling.
Applicants are encouraged to closely review the Public Notice.
Please Contact Us if you have any questions.