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Auction 17: Local Multipoint Distribution System (LMDS)

Summary

February 18, 1998 - March 25, 1998
Rounds:
128
Bidding Days:
26
Qualified Bidders:
139
Winning Bidders:
104 bidders won 864 licenses
Licenses Held by FCC:
122
Gross Bids:
$834,177,095
Net Bids:
$578,663,029
Reports Files
Top Licenses (by High Bid)
Summary of Round Results
Activity and Revenue Graph
Spreadsheets Files
All Markets
All Bidders
Charts Files
Top 8 BTAs by Pop. & Bidders
Maps & Band Plans
Basic Trading Areas Map
LMDS
General Information
Auction Announcements
Auction Programs
Bidder Cross Reference (dbf)
How to Monitor the Auction (pdf)
NGSO/MSS feeder link earth station information (pdf)
filed pursuant to 47 D.F.R. sec. 101.103(h) by Motorola
Related Auction:
Auction 23: Local Multipoint Distribution Service (LMDS) Re-Auction

3/26/1998
Winning Bidders

2/6/1998
Qualified Bidders

1/27/1998
Applications to Participate
Bidder Information Package
Tab A: pdf 
Tab B: pdf 
Tab C: pdf 
Tab D: pdf 
Tab E: pdf 
NGSO/MSS feeder link earth station information filed pursuant to 47 C.F.R. sec. 101.103(h) by Motorola: pd

Fact Sheet

Date:

Auction 17 began on 2/18/1998 and closed on 3/25/1998.
Round 128 (See PN DA 98-572)

Licenses:

986 licenses. 2 licenses in each of 493 Basic Trading Areas (BTAs)

Spectrum:

Block A: 27,500-28,350 MHz; 29,100-29,250 MHz and 31,075-31,225 MHz Bands
Block B: 31,000-31,075 MHz and 31,225-31,300 MHz Bands

Bandwidth:

Block A - 1,150 MHz in 493 BTAs
Block B - 150 MHz in 493 BTAs

Winning Bidders:
104 bidders won 864 licenses
Rounds:
128
Qualified Bidders:
139
Licenses Won:
864
Licenses Held by FCC:
122
Total Licenses:
986
Net Bids:
$578,663,029
Gross Bids:
$834,177,095
 

General information and associated licensing parameters are provided below. Public Notices provide specific information regarding this auction. This fact sheet includes:

Key Dates

EventDate
Pre-Auction Seminar
10/30/1997
Form 175 (Short Form) Application Filing Deadline
1/20/1998; 5:30 pm ET
Upfront Payments Deadline
2/2/1998; 6:00 pm ET
Orders for Remote Bidding Software
2/2/1998; 5:30 pm ET
Mock Auction
2/13/1998
Auction Start
2/18/1998
Auction Closed
3/25/1998

Licenses Offered

A total of 986 LMDS licenses were offered in this auction. Two licenses (Frequency Blocks "A" with a bandwidth of 1,150 MHz and "B" with a bandwidth of 150 MHz), in each of 493 Basic Trading Areas (BTAs).

Permissible Operations

A local multipoint distribution system (LMDS) is capable of offering subscribers a variety of one and two-way broadband services, such as video programming distribution; video teleconferencing; wireless local loop telephony; and high speed data transmission, e.g. internet access. Because of its multi-purpose applications, LMDS has the potential to become a major competitor to local exchange and cable television services.

LMDS systems may consist of a multicell configuration distribution systems with return path capability within the assigned spectrum. Generally, each cell will contain a centrally located transmitter (hub), multiple receivers or transceivers, and point-to-point links interconnecting the cell with a central processing center and/or other cells.

License Period

Licenses are issued for a ten-year term from the initial license grant date. At the end of the 10 year period, licensees are required to submit an acceptable showing to the Commission demonstrating that they are providing "substantial service" to their service area. Licensees failing to demonstrate that they are providing substantial service will be subject to forfeiture of their licenses. See Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 12545 (1997) at 260-272.

Incumbents

Some BTAs have incumbent operations in the smaller 150 megahertz block, such as governmental licensees and private business users operating in the 31,000-31,075 and 31,225-31,300 MHz bands, and are entitled to protection against harmful interference from any LMDS operation in these blocks. See Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking at 85-90..

Bidding Credits

Bidding credits are available to very small businesses, small businesses, and entrepreneurs (or consortia of very small businesses, small businesses, or entrepreneurs) as set forth in 47 C.F.R. § 101.1112. A bidding credit represents the amount by which a bidder’s winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: 

Bidding credits are not cumulative. A qualifying applicant receives either the 25 percent, a 35 percent, or 45 percent bidding credit, but not more than one of them.

Releases P

11/6/1998
PUBLIC NOTICE (DA 98-2266)
Local Multipoint Distribution Service Spectrum Re-Auction of 168 Licenses Scheduled for April 27, 1999; Application Filing Deadline Set for March 29, 1999, Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures
This Public Notice announces reauction of 168 Local Multipoint Distribution Service ("LMDS") licenses set to begin on April 27, 1998, and seeks comment on procedural issues relating to the LMDS reauction.
pdf - text
Attachment A: xls

4/16/1998
PUBLIC NOTICE (DA 98-731)
WTB Seeks Comment on Requests for Waiver of Incumbent Lec/Cable Eligibility Restrictions, Comment Also Sought on Letter from the United States Telephone Association
This Public Notice seeks comments on requests for waiver of Section 101.1003 of its rules, LMDS eligibility restrictions for incumbent LECs and cable companies. Comments are also sought on the USTA letter.
pdf - text

3/26/1998
PUBLIC NOTICE (DA 98-572)
LMDS Auction Closes, Winning Bidders in the Auction of 986 Local Multipoint Distribution Service (LMDS) Licenses
This Public Notice provides information concerning winning bidders, down payments, FCC Form 601 filing requirements, and other licensing matters.
pdf - text - zip
Attachment A: xls
Attachment B: xls
Attachment C: xls
Attachment D: pdf - text 
Attachment E: pdf - text
Attachment F: pdf - text
Attachment G: pdf - text
Attachment D-- Appendix A: pdf - text 
Part of Attachment (Sample Ownership Flow Chart): pdf

2/11/1998
PUBLIC NOTICE (DA 98-269)
Correction to Public Notice DA 98-230, 139 Qualified Bidders to Participate in LMDS Auction
This public notice identifies another applicant as qualified to bid in the LMDS auction.
pdf - text

2/6/1998
PUBLIC NOTICE (DA 98-230)
Auction of Local Multipoint Distribution Service (LMDS) Licenses, 138 Qualified Bidders
This Public Notice identifies the 138 applicants who have been found qualified to bid in the LMDS auction and contains information about the mock auction and bidding schedule for the first three days of the auction. (On February 6, 1998, U.S. Court of Appeals denied petitions for review filed by several parties.
pdf - text
Attachment A: pdf - xls
Attachment B: pdf - xls
Attachment C: pdf - xls
Attachment D: pdf - text 
Attachment E: pdf - text

1/28/1998
PUBLIC NOTICE (DA 98-155)
Correction to Public Notice DA 98-141, Status of Applications to Participate in LMDS Auction
This Public Notice corrects the January 27, 1998, Public Notice classifying the status of the LMDS FCC Form 175 applications. Revised copies of Attachments A and B, correctly listing the applicants, are attached.
pdf - text
Attachment A: pdf - xls
Attachment B: pdf - xls

1/27/1998
PUBLIC NOTICE (DA 98-141)
Auction of Local Multipoint Distribution Service (LMDS) Licenses
This Public Notice classifies the applications received for the LMDS auction as accepted for filing, incomplete or rejected and contains information regarding the remote bidding system.
pdf - text
Attachment A: pdf - xls
Attachment B: pdf - xls
Attachment C: pdf - xls
Attachment D: pdf - text 
Attachment E: pdf - text 
Attachment F: pdf - bmp

1/9/1998
PUBLIC NOTICE (DA 98-37)
Wireless Telecommunications Bureau Responds to Questions About the Local Multipoint Distribution Service Auction
This Public Notice provides guidance on a range of issues involving the rules for the LMDS auction.
pdf - text
Attachment A: pdf - text 

11/25/1997
PUBLIC NOTICE (DA 97-2497)
FCC Announces Spectrum Auction Schedule for 1998
This Public Notice announces potential applicants and important dates for several upcoming auctions.
pdf - text 

11/18/1997
PUBLIC NOTICE ( DA 97-2420)
Opportunity for Reply Comments on Reserve Prices or Minimum Opening Bids for LMDS Auction Extended
This Public Notice announces the Commission reopens the period for replies to comments sought in an earlier Public Notice ("Comment Sought on Reserve Prices or Minimum Opening Bids for LMDS Auctions," DA 97-2224, released October 17, 1997).
pdf - text 

11/10/1997
PUBLIC NOTICE (DA 97-2352)
LMDS Auction Postponed until February 18, 1998
This Public Notice announces the Commission postpones the upcoming Local Multipoint Distribution Service (LMDS) auction, originally scheduled to begin December 10, 1997, until February 18, 1998.
pdf - text
The World Trade Organization Agreement can be viewed by going to the Web Site: htm

10/17/1997
PUBLIC NOTICE (DA 97-2224)
Comment Sought on Reserve Prices or Minimum Opening Bids for LMDS Auction
This Public Notice announces the Commission is seeking comment on the formula proposed in the public notice for calculating minimum opening bids for Auction No. 17 (LMDS Auction)..
pdf - text 

9/25/1997
PUBLIC NOTICE (DA 97-2081)
Auction of Local Multipoint Distribution Service
This Public Notice announces the auction and filing requirements for 986 Basic Trading Area ("BTA") licenses in the 28 GHz and 31 GHz bands, scheduled for December 10, 1997.
pdf - text
Attachment A: xls

7/30/1997
PUBLIC NOTICE (DA 97-1627)
FCC Announces Upcoming Spectrum Auction Schedule, Two Auctions To Commence Before End of the Year
This Public Notice announces the Commission's plan to conduct two spectrum auctions. This serves as a notification for potential applicants of important dates scheduled for these auctions. The planned auctions are for the 800 MHz and the LMDS services.
pdf - text

Releases L

10/31/2006
LETTER (DA 06-2142)
Final Bid Withdrawal Payments for Auction No. 17, ENMR Telephone Cooperative, Inc.

10/31/2006
LETTER (DA 06-2125)
Final Bid Withdrawal Payment for Auction No. 17, ABS LMDS Venture

10/31/2006
LETTER (DA 06-2141)
Final Bid Withdrawal Payments for Auction No. 17, Eclipse Communications Corporation

10/31/2006
LETTER (DA 06-2135)
Final Bid Withdrawal Payment for Auction No. 17, Catfish Communications, LLC

10/31/2006
LETTER (DA 06-2149)
Final Bid Withdrawal Payment for Auction No. 17, Highspeed.com, LLC

10/31/2006
LETTER (DA 06-2166)
Final Bid Withdrawal Payment for Auction No. 17, NUCOM

10/31/2006
LETTER (DA 06-2174)
Final Bid Withdrawal Payments for Auction No. 17, SKSW LMDS Venture

8/22/2002
LETTER (DA 02-1554)
Mr. Joseph P. Gebhardt and Mr. John A. Prendergast, Esq., New Wave Networks, L.L.C.
This letter calculates New Wave's final default payment obligations for Auction No. 17.

4/9/1999
LETTER (DA 99-690)
Letter to John A. Prendergast, Esquire, counsel for New Wave Networks, L.L.C. ("New Wave")
This letter set forth the default payment obligations and procedures for New Wave resulting from its failure to remit the total payment required on licenses obtained in the LMDS auction (Auction 17).

9/23/1998
LETTER (DA 98-1920)
Requests for Waiver of Section 101.1003(a) of the Commission's Rules Establishing Eligibility Restrictions on Incumben the Local Multipoint Distribution Service Auction (Auction No. 17). This Order also dismisses as moot a Petition nt LECs and Cable Operators in the Local Multipoint Distribution Service
This Order denies ten petitions for waiver of Section 101.1003(a) of the Commission' Rules filed by nine winning bidders ito Deny the license application of one of the waiver petitioners. Finally, this Order conditionally grants the license applications of these waiver petitioners subject to their compliance with Section 101.1003 and the terms of a companion Public Notice released today by the Public Safety and Private Wireless Division
pdf - text 

8/27/1998
LETTER (DA 98-1718)
Letter to PVT Networks, Inc., Robert Crumrine
This letter grants the petition for reconsideration of PVT who participated in the LMDS auction.
pdf - text

Releases O

4/17/2002
ORDER (DA 02-887)
Winstar LMDS, LLC
This Order denies Winstar's request for waiver of the unjust enrichment provisions in sections 1.211(d) and101.1107(e) of the Commission's rules with respect to a pending application to assign fifteen LMDS licenses to a non-designated entity.

2/14/2000
MEMORANDUM OPINION AND ORDER (FCC 00-44)
In the Matter of Northeast Communications of Wisconsin, Inc. Request for Confidential Treatment of Financial Information Contained in FCC Form 175 Filing in the Local Multipoint Distribution Service
This Order denies the application Northeast filed to participate in the Commission's LMDS auction as a small business entity, eligible for a 35% bidding credit, based on its gross revenues and average gross revenues for the prior three years.

8/17/1999
MEMERANDUM OPINION AND ORDER (DA 99-1642)
In the Matter of Request for Waiver of Section 101.1003(a) of the Commission's Rules Establishing Eligibility Restrictions on Incumbent LECs and Cable Operators in the Local Multipoint Distribution Service
This Order denies five petitions for reconsideration of an earlier Order denying ten requests for waiver of Section 101.1003(a) of the Commission's Rules.
pdf - text - Word

7/15/1999
ORDER (DA 99-1037)
In the Matter of Application of Baker Creek Communications, L.P. For Authority to Construct and Operate Local Multipoint Distribution Services In Multiple Basic Trading Areas
By this Order, the Commission find that Baker Creek Communications, L.P. (Baker Creek) is in default and thus subject to the default payment obligations set forth herein.
pdf - text 

5/19/1999
ORDER (DA 99-802)
Nextband Communications, L.L.C.
This Order denies Baker Creek Communications petition to reconsider the grant of 41 LMDS applications of Nextband.

3/4/1998
LETTER ORDER (DA 98-387)
In the Matter of Virginia Tech Foundation, Inc. Petition for Reconsideration of Request for Waiver of Section 101.23 -- Auction No. 17, Local Multipoint Distribution Service
This Order grants the Emergency Petition for Reconsideration of Virginia Tech Foundation, Inc. ("VTF").
pdf - text 

2/17/1998
United States Court of Appeals Order
WebCel Communications, Inc., petition for a writ of mandamus, is Hereby Denied.
pdf

2/17/1998
LETTER ORDER (DA 98-307)
Virginia Tech Foundation, Inc. Request for Waiver in Auction No. 17
This letter denies Virginia Tech Foundation, Inc.'s Request for Waiver in Auction No. 17, to qualify as an "entrepreneur".

2/17/1998
LETTER ORDER (DA 98-303)
Confidentiality Request of Northeast Communications of Wisconsin, Inc., is Hereby Denied
This letter responds to the January 23, 1998 request of Northeast Communications of Wisconsin, Inc. ("Northeast") for confidential treatment of the information contained in Exhibit C of its 175 application.

2/11/1998
THIRD ORDER ON RECONSIDERATION (FCC 98-15)
In the Matter of Rulemaking To Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band
This Order affirms key provisions of LMDS Second Report and Order, paving way for auction (CC Docket No. 92-297).
pdf - text
News Release: html
Chairman Kennard Statement: html
Commissioner Ness Statement: html
Commissioner Furchtgott-Roth Statement: html
Commissioner Powell Statement: html

1/14/1998
ORDER (DA 98-66)
In the Matter of Auction of Local Multipoint Distribution )Service (LMDS) Minimum Opening Bids or Reserve Prices
This Order establishes minimum opening bid requirements for the auction of 986 LMDS licenses.
pdf - text
Attachment A: xls

9/17/1997
SECOND ORDER ON RECONSIDERATION (FCC 97-323)
In the Matter of Rulemaking to Amend Parts 1, 2, 21, and 25 Of the Commission's Rules to Redesignate The 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution
This Second Order on Reconsideration addresses those portions of petitions that deal with the participation of small businesses in the upcoming auction of Local Multipoint Distribution Service ("LMDS") licenses.
pdf - text

5/16/1997
ORDER ON RECONSIDERATION (FCC 97-166)
In the Matter of Rulemaking To Amend Parts 1, 2, 21, and 25 Of the Commission's Rules to Redesignate The 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service
On our own motion, pursuant to 47 C.F.R. section 1.108, the Commission reconsiders the Second Report and Order in which we adopted rules for the Local Multipoint Distribution Service ("LMDS").
pdf - text 

5/1/1997
ERRATUM TO THE SECOND REPORT AND ORDER, ORDER ON RECONSIDERATION, AND FIFTH NOTICE OF PROPOSED RULEMAKING (FCC 97-82)
In the Matter of Rulemaking To Amend Parts 1, 2, 21, and 25 Of the Commission's Rules to Redesignate The 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service And for Fixed Satellite Services
This Erratum corrects portions of the final rules in the Second Report and Order, Order on Reconsideration, and Notice of Proposed Rulemaking in FCC 97-82, which was released by the Commission on March 13,1997.
pdf - text 

3/13/1997
SECOND REPORT AND ORDER, ORDER ON RECONSIDERATION, AND FIFTH NOTICE OF PROPOSED RULEMAKING (FCC 97-82)
In the Matter of Rulemaking To Amend Parts 1, 2, 21, and 25 Of the Commission's Rules to Redesignate The 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service And for Fixed Satellite Services
This is the Second Report and Order in the Commission's ongoing proceeding to establish and license Local Multipoint Distribution Service (LMDS), a fixed broadband point-to-multipoint microwave service, in the 27.5-29.5 GHz band (28 GHz).
pdf - text

7/22/1996
FIRST REPORT AND ORDER AND FOURTH NOTICE OF PROPOSED RULEMAKING (FCC 96-311)
In the Matter of Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services
This Order designates and segments the 28 GHz band.

Releases N

4/27/1998
NEWS RELEASE
FCC Adopts Partitioning and Disaggregation Rules For LMDS Licenses
On April 27, 1998, the Commission has adopted a Fourth Report and Order (Fourth R & O) regarding partitioning and disaggregation rules for Local Multipoint Distribution Service (LMDS) licenses.
pdf - text 

3/25/1998
NEWS RELEASE
The LMDS Auction Closes
Auction 17, the LMDS auction, closes after round 128 on March 3, 1998.
WordPerfect

2/6/1998
NEWS
D.C. Cir. Opinion in Melcher v. FCC (No. 93-1110)
On February 6, 1998, the U.S. Court of Appeals for the District of Columbia Circuit denied petitions for review filed by several parties challenging the Commission's eligibility restrictions for local exchange carriers, including rural local exchange carriers, in the LMDS auction. See Melcher v. FCC, 1998 WL 44432 (D.C.Cir. 1998).
pdf - text

2/3/1998
NEWS RELEASE
Commission Affirms Key Provisions Of LMDS Second Report and Order, Paving Way For Auction
The Commission Affirms Key Provisions of LMDS Second Report and Order, FCC 98-15, Paving Way for Auction (CC Docket No. 92-297).
html

10/30/1997
NEWS RELEASE
Seminar Agenda
pdf - text 

3/11/1997
NEWS RELEASE
FCC Adopts Service and Auction Rules for LMDS
text

Results

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Market Data (xls)

Template (text)

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Education