Auction 23: Local Multipoint Distribution Service (LMDS) Re-Auction

Auction Announcements
Auction Programs
Bidder Cross Reference (dbf)
NGSO/MSS Feeder Link Earth Station Information (pdf)
filed pursuant to 47 C.F.R. sec. 101.103(h) by Motorola.

Recent Releases
Major Releases

5/14/1999
Winning Bidders

4/16/1999
Qualified Bidders

4/5/1999
Applications to Participate

Procedures
Bidder Information Package
Tab A: pdf
Tab B: pdf
Tab C: pdf
Tab D: pdf
Tab E: pdf

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

Fact Sheet

Date:

Auction 23 began on 4/27/1999 and closed on 5/12/1999.
Round 43 (See PN DA 99-927)

Licenses:

161 LMDS licenses awarded in various BTAs throughout the continental United States and Puerto Rico. The reauctioned spectrum includes 121 Block A licenses and 40 Block B licenses.
See Basic Trading Area (BTA) map (pdf)

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:

1 A block license (1,150 MHz each)
1 B block license (150 MHz)
See LMDS Bandplan (pdf)

Winning Bidders:

40 bidders won 161 licenses

Rounds:

Qualified Bidders:

Licenses Won:

161

Total Licenses:

161

Net Bids:

$45,064,450

Gross Bids:

$65,244,000

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

Key Dates
Licenses Offered
Permissible Operations
License Period
Bidding Credits
Incumbents

Key Dates

Event	Date
Pre-Auction Seminar	3/10/1999
Form 175 (Short Form) Application Filing Deadline	3/29/1999; 5:30 pm ET
Upfront Payments Deadline	4/12/1999; 6:00 pm ET
Orders for Remote Bidding Software	4/13/1999; 5:30 pm ET
Mock Auction	4/22/1999
Auction Start	4/27/1999
Auction Closed	5/12/1999

Licenses Offered

A total of 161 LMDS licenses were offered in the reauction of this spectrum; one license in each of 121 Block A Basic Trading Areas (BTAs) and 40 Block B BTAs designated for LMDS. These licenses received no bids in the original LMDS auction that closed on March 25, 1998 or were defaulted licenses and therefore comprise various BTAs throughout the continental United States and Puerto Rico.

Note: Public Notice DA 99-742 , released on April 16, 1999, removed seven licenses from the original list of 168 licenses issued in Public Notice DA 98-2266 .

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.

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:

A bidder with average gross revenues for the preceding three years of more than $40 million but not more than $75 million (Entrepreneur) receives a 25 percent discount on its winning bids for LMDS licenses
A bidder with average gross revenues for the three preceding years of more than $15 million but not more than $40 million (Small Business) receives a 35 percent discount on its winning bids for LMDS licenses
A bidder with average gross revenues of not more than $15 million for the preceding three years receives a 45 percent discount on its winning bids for LMDS licenses ("very small business")

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.

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.

Releases P

5/14/1999
PUBLIC NOTICE (DA 99-927)
Auction of Local Multi-point Distribution Service (LMDS) Licenses
This Public Notice announces the closing of the LMDS auction, Auction No. 23. It also provides detailed information concerning winning bidders, down payments, bid withdrawal payments and/or deposits, default payments, FCC Form 601 and 602 filing requirements, etc.

4/16/1999
PUBLIC NOTICE (DA 99-742)
Auction of Local Multi-point Distribution Service (LMDS) Licenses
Auction of 161 Local Multipoint Distribution Service Licenses; Announcing the Qualified Bidders; Notice of License Inventory Change

4/5/1999
PUBLIC NOTICE (DA 99-639)
Auction of 168 Local Multipoint Distribution Service Licenses
This public notice announces the status of applications to participate in the LMDS Auction scheduled to begin on Tuesday, April 27, 1999.

1/29/1999
PUBLIC NOTICE (DA 99-266)
Auction of Local Multipoint Distribution Service Spectrum, Auction Notice and Filing Requirements for 168 Local Multipoint Distribution Service Licenses Scheduled for April 27, 1999, Minimum Opening Bids and Other Procedural Issues
This public notice announces the procedures and minimum opening bids for the upcoming LMDS auction.

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

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

4/19/1999
LETTER (DA 99-732)
Letter to Mr. James A. Rech, representing Landmark Site Development, L.L.C. ("Landmark")
This letter denies Landmark's request for waiver of the deadlines for resubmission of its short-form application (FCC Form 175) and upfront payment deadlines.(LMDS).

4/13/1999
LETTER (DA 99-706)
Letter to Mr. John D. Szuchan, representing On Target, L.L.C. ("Target"), dated April 13, 1999
This letter denies Target's request for a waiver of the short-form application submission deadline for Auction No. 23 (LMDS).

4/13/1999
LETTER (DA 99-692)
Letter to Sylvia Lesse, counsel for Elite JV ("Elite"), DA 99-692
This letter denies Elite's March 30, 1999 request for waiver of the short-form application submission deadline rules.

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).

Releases O

3/17/2000
ORDER (DA 00-556)
In the Matter of LMDS COMMUNICATIONS, INC. Request for Waiver of Sections 1.2109(a) and (c),1.2104(g) and 101.1105(b) of the Commission?s Rules Regarding BTA117, BTA122, BTA203,BTA215, BTA218, BTA287, BTA317, BTA328,BTA330, BTA335, BTA375 and BTA416
This Order addresses a request for waiver of Sections 1.2109(a) and (c), 1.2104(g) and 101.1105(b) of the Commission's Rules filed by LMDS Communications, Inc.
Attachment A: xls
Attachment B: text - Word

8/27/1999
ORDER (DA 99-1726)
In the Matter of Request for Waiver of Section 1.2104(g) of the Commission's Rules filed by Grand Connectivity, L.L.C.
This Order denies Grand Connectivity's waiver request, assesses an initial default payment, and returns the remaining portion of Grand Connectivity's upfront payment.
pdf - text
Attachment A: xls
Attachment B: text

8/17/1999
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

1/20/1999
ORDER (DA 99-204)
In the Matter of Petition for Reconsideration of Schedule for Auction of 168 Licenses in the Local Multipoint Distribution Service
On November 6, 1998, the Wireless Telecommunications Bureau ("Bureau") announced that an auction for Local Multipoint Distribution Service ("LMDS") spectrum, Auction Event No. 23, would begin on April 27, 1999.

Releases N

5/14/1999
NEWS
LMDS Re-Auction Closes, Auction of Wireless Communications Licenses Raises $45,064,450
pdf