Auction 34: 800 MHz SMR General Category Service

Procedures
No Bidder Information Package was produced for this auction
Refer to the Public Notices and Orders for this auction and the following list (list may not be all inclusive.)
Public Notice: DA 00-1364
Public Notice: DA 00-1100
Public Notice: DA 00-667
Public Notice: DA 00-877

6/23/2010
ORDER ON RECONSIDERATION (DA 10-1125)
Silver Palm Communications, Inc.

2/16/2007
ORDER (DA 07-735)
In the Matter of Silver Palm Communications, Inc.

10/31/2006
LETTER (DA 06-2163)
Final Bid Withdrawal Payments for Auction No. 34, Communication Specialists, Inc.

Fact Sheet

Date:

Auction 34 began on 8/16/2000 and closed on 9/1/2000.
Round 76 (See PN DA 00-2037)

Licenses:

1,050 licenses for the 800 MHz General Category: six contiguous 25 channel blocks in 175 Economic Areas (EAs).
3 licenses for selected EAs the 800 MHz Upper Band: one 20 channel block (Block A); one 60 channel block (Block B), and one 120 channel block (Block C).

Spectrum:

General Category: 851.0125-854.7375 MHz / 806.0125-809.7375 MHz
Upper Band: 861.0000-866.0000 MHz / 816.0000-821.0000 MHz

Bandwidth:

General Category: 1.25 MHz per license
Upper Band: 1 MHz (Block A); 3 MHz (Block B); 6 MHz (Block C)
See SMR 800 MHz Band Plan

Winning Bidders:

14 bidders won 1030 licenses

Rounds:

Qualified Bidders:

Licenses Won:

1030

Licenses Held by FCC:

Total Licenses:

1053

Net Bids:

$319,451,810

Gross Bids:

$337,494,900

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
Channeling Plan
Permissible Operations
License Period
Bidding Credits
Incumbents
Licensing Rules

Key Dates

Event	Date
	smrs
Pre-Auction Seminar	7/7/2000
Form 175 (Short Form) Application Filing Deadline	7/17/2000
Upfront Payments Deadline	7/31/2000
Mock Auction	8/14/2000
Auction Start	8/16/2000
Auction Closed	9/1/2000

Licenses Offered

A total of 1,053 licenses were offered in this auction.

In the General Category, six (6) contiguous 25-channel blocks (1.25 MHz bandwidth) were included with each channel encompassing a base frequency and a mobile frequency that are 45 MHz separated. (See 47 C.F.R. 90.613) Economic Areas (EAs) were the geographic method used to assign these licenses. Licenses were offered in 172 EAs and 3 EA-like areas, covering the U.S. territories in Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, and American Samoa.

Additionally, the Commission offered three (3) EA licenses in the 800 MHz Upper Band (861-865 MHz) as follows:

One 20 channel license (Spectrum Block A) in Honolulu, HI (EA 172)
One 60 channel license (Spectrum Block B) in Guam and Northern Mariana Islands (EA 173)
One 120 channel license (Spectrum Block C) in Guam and the Northern Mariana Islands (EA 173)

Channeling Plan

Channel Band Plan: 851-854 MHz (General Category)

861–866 MHz (Upper Bands)

Spectrum Block	Channel Numbers	Frequency
Spectrum Block	Channel Numbers	(Base)	(Mobile)
A	401 – 420	861.0 – 861.5 MHz	816.0 – 816.5 MHz
B	421 – 480	861.5 – 863.0 MHz	816.5 – 818.0 MHz
C	481 - 600	863.0 – 866.0 MHz	818.0 – 821.0 MHz

Permissible Operations

800 MHz licensees may provide analog or digital services used for voice communications, paging, data and facsimile services. The SMR marketplace is allowing new acknowledgement paging and inventory tracking, credit card authorization, automatic vehicle location, fleet management, remote database access and voicemail.

License Period

Licenses are issued for a ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. section 90.685 ).

Bidding Credits

Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as set forth in 47 C.F.R. § 90.912 . 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 of not more than $15 million for the preceding three years receives a 25 percent discount on its winning bids;
A bidder with average gross revenues of not more than $3 million for the preceding three years receives a 35 percent discount on its winning bids.

Bidding credits are not cumulative. A qualifying applicant receives either the 25 percent or 35 percent bidding credit, but not both.

Incumbents

Incumbent licensees are present in the 800 MHz SMR bands. Incumbent 800 SMR systems are entitled to co-channel protection by EA licensees, as well as adjacent channel interference protection. Incumbent systems, however, are not allowed to expand beyond existing service areas unless they obtain the EA license for the relevant channels. (See 47 C.F.R. section 90.693 ).

Licensing Rules

No eligibility restrictions
Applicants may aggregate across spectrum blocks within the limitations specified in C.F.R. 47 § 20.6
Incumbent licensees present in the band
Licensed by Economic Areas (EAs) plus three other EA-like areas covering U.S. territories
Partitioning and/or disaggregation permitted

Releases P

8/21/2000
PUBLIC NOTICE (DA 00-1913)
WTB Seeks Comment on Request for Waiver by the State of Florida to Allow Use of General Category Offset Channels
This Public Notice seeks comment on the State of Florida's request for waiver of Sections 90.613 and 90.645 of the Commission's Rules.
pdf - text - Word

8/11/2000
PUBLIC NOTICE (DA 00-1829)
Due Diligence Announcement for the Upcoming 800 MHz Spectrum Auctions
This Public Notice provides corrections and additional information to the potential bidders in these upcoming auctions.
Attachment A: xls
Attachment B: xls

8/7/2000
PUBLIC NOTICE (DA 00-1788)
Auction of Licenses for 800 MHZ Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz), 26 Qualified Bidders
In this Public Notice, the Federal Communications Commission identifies 26 applicants found to be qualified to bid for the 1,053 licenses in the 800 MHz SMR service General Category and Upper Band Auction (?Auction No. 34?). Auction No. 34 is scheduled to begin on Wednesday, August 16, 2000. In addition, this Public Notice contains bidding instructions and other important information regarding Auction No. 34.

7/24/2000
PUBLIC NOTICE (DA 00-1639)
Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Services in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz), Status of FCC Form 175 Applications to Participate in the Auction
This Public Notice identifies the status of the 31 the Form 175 applications received, by the FCC, to participate in Auction No. 34 scheduled to begin on Wednesday, August 16, 2000, for 1,053 licenses in the 800 MHz Band. Accepted applicants will become qualified bidders upon receipt of the required upfront payment due by 6:00 p.m. ET on Monday, July 31, 2000. Incomplete applicants may become qualified bidders only if they: (1) resubmit their applications by 6:00 p.m. ET on Monday, July 31, 2000, to correct the minor deficiencies indicated; and (2) make the required upfront payments by 6:00 p.m. ET on Monday, July 31, 2000. ACCEPTED FOR FILING - 12 Applications INCOMPLETE - 19 Applications.
Attachment A: pdf
Attachment B: pdf
Attachment C: text - Word
Attachment D: text - Word

6/29/2000
PUBLIC NOTICE (DA 00-1449)
Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions
This Public Notice provides due diligence information, as of June 20, 2000, for potential bidders in the auctions for (1) the General Category channels of the 800 MHz band (Auction No. 34), scheduled for August 16, 2000, and (2) the lower 80 channels of the 800 MHz band (Auction No. 36), scheduled for November 1, 2000.
Attachment A: xls
Attachment B: xls
Attachment C: xls

6/23/2000
PUBLIC NOTICE (DA 00-1389)
800 MHz Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz) Pre-Auction Seminar Friday, July 7, 2000
This Public Notice advises all potential bidders of Auction No. 34 to attend the seminar held on July 7th. Registration form is attached.

6/21/2000
PUBLIC NOTICE (DA 00-1364)
Clarification of Licenses to be Auctioned for 800 MHz Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz)
This Public Notice clarifies the General Category channels that will be available for use by licenses of spectrum blocks within the Economic Areas (EAs) located near the Canadian and Mexican borders.

5/18/2000
PUBLIC NOTICE (DA 00-1100)
Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz)
This Public Notice announces the procedures and minimum opening bids for the upcoming auction of licenses for the 800 MHz Specialized Mobile Radio Service for General Category and Upper Band Frequencies (Auction No. 34).

4/18/2000
PUBLIC NOTICE (DA 00-877)
Auction of Additional Licenses for 800 MHz Specialized Mobile Radio (SMR) Service to be Included in Auction No. 34 Scheduled for August 23, 2000
This Public Notice provides additional information about the licenses being offered in Auction 34. In addition, it seeks comment on procedural issues related to the auction.
Attachment A: xls

3/23/2000
PUBLIC NOTICE (DA 00-667)
Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Service General Category Frequencies in the 851- 854 MHz Band Scheduled for August
23, 2000
The notice announces the proposed 1,050 licenses that are composed in Auction No. 34. In addition, this notice seeks comments on reserve prices or
minimum opening bids and other procedural issues.
pdf - text - Word

No Bidder Information Package was produced for this auction
Refer to the Public Notices and Orders for this auction and the following list (list may not be all inclusive.)
Public Notice: DA 00-1364
Public Notice: DA 00-1100
Public Notice: DA 00-667
Public Notice: DA 00-877

Releases L

10/31/2006
LETTER (DA 06-2163)
Final Bid Withdrawal Payments for Auction No. 34, Communication Specialists, Inc.

10/31/2006
LETTER (DA 06-2157)
Final Bid Withdrawal Payment for Auction No. 34, Linda Sue and Herschel Bruce Williamson

11/29/2004
LETTER (DA 04-3696)
Letter to Mr. James D. Boyer, Nevada Wireless LLC
This letter assesses the final bid withdrawal payment for Auction No. 34.

6/23/2004
LETTER (DA 04-1504)
Silver Palm Communications, Inc. Notice of Interim Default Payment Obligation for Auction 34
Assessed the Interim Default Payment Obligation for Silver Palm Communications, Inc. with Respect to its Default Arising out of a Commission Auction of the 800 MHz Specialized Mobile Radio Service ("Auction 34").

9/6/2000
PUBLIC NOTICE (DA 00-2037)
800 MHz Specialized Mobile Radio (SMR) Service General Category (851-854 MHz) and Upper Band (861-865 MHz) Auction Closes
This Public Notice identifies the winning bidders of Auction No. 34. The Public Notice provides detailed information concerning down payments, filing requirements, and other key information about Auction No. 34.

8/24/2000
LETTER (DA 00-1949)
Mr. Steven Sixberry, Nevada Wireless
This letter denies Nevada Wireless' request for the Commission to immediately re-evaluate the "very small business" status awarded to the Auction No. 34 bidder, Preferred Acquisitions Inc.

Releases O

6/23/2010
ORDER ON RECONSIDERATION (DA 10-1125)
Silver Palm Communications, Inc.
Request is Denied for reconsideration of Division-level Order declining to grant Silver Palm a waiver of the final payment deadline for licenses it won in Auction 34.

2/16/2007
ORDER (DA 07-735)
In the Matter of Silver Palm Communications, Inc.
The WTB denied a request for waiver of Section 1.2109 of the Commission's rules filed by Silver Palm Communications, Inc., the winner of ten 800 MHz Specialized Mobile Radio licenses in Auction No. 34.

8/9/2002
LETTER (DA 02-1993)
Mr. Charles M. Austin, Preferred Acquisitions, Inc.
This letter provides Preferred Acquisitions with notice of its debt to the United States due to its withdrawal of high bids in Auction No. 34.

4/30/2002
LETTER (DA 02-1009)
Ms. Kim A. Christianson/Motient Communications Company re: Final Bid Withdrawal Payment for Auction No. 34
This letter sets aside the Letter Order released April 26, 2002, without prejudice for future action, pending review of issues arising from the Motient Bankruptcy proceeding.

4/26/2002
LETTER (DA 02-962)
Marvin P. Leon Guerrero, President, Communication Specialists, Inc. (CommSpec)
This Letter assesses a final withdrawal payment of $62,725.00 as a result of CommSpec's withdrawal of its bid on license BEA 173-E in Auction No. 34.

4/26/2002
LETTER (DA 02-959)
Ms. Kim A. Christianson, Manager of Regulatory Affairs for Motient Communications Company
This Letter orders Motient to pay their final bid withdrawal obligations in the cumulative sum of $1,002,960.00.

9/5/2000
NEWS RELEASE
800 MHz Specialized Mobile Radio Services Auction Raises $319,451,810.00
The 800 MHz SMR (General Category) Auction Closed on September 1, 2000 in round 76.

7/19/2000
ORDER (DA 00-1602)
Emergency Motions of Small Business in Telecommunications for Stay of the 800 MHz Specialized Mobile Radio (SMR) Service Auctions
This Order denies two Emergency Motions for Stay filed by Small Business in Telecommunications (SBT).