Auction 44: Lower 700 MHz Band

Event	Date
Pre-Auction Seminar	5/1/2002
Form 175 (Short Form) Application Filing Deadline	5/8/2002; 6:00 pm ET
Upfront Payments Deadline	5/28/2002; 6:00 pm ET
Mock Auction	8/22/2002
Auction Start	8/27/2002
Auction Closed	9/18/2002

Licenses Offered

Auction No. 44 offered 740 licenses in the Lower 700 MHz band. One 12-megahertz block consisting of a pair of 6 megahertz segments was offered in each of 734 MSA/RSAs. Additionally, one 6-megahertz blocks of contiguous, unpaired spectrum was offered in each of six regions known as the 700 MHz band economic area groupings (700 MHz band EAGs).

A complete listing of the licenses for Auction No. 44 is provided in Attachment A of Public Notice DA 02-1491. Initially this auction included licenses in Blocks A, B, and E. However these licenses were removed from this auction as a result of the Auction Reform Act.

Permissible Operations

Flexible fixed, mobile, and broadcast uses, including mobile and other digital new broadcast operations, fixed and mobile wireless commercial services (including FDD- and TDD-based services), as well as fixed and mobile wireless uses for private, internal radio needs. Could also include two-way interactive, cellular, and mobile television broadcasting services.

License Period

License expiration date is January 1, 2015 for Lower 700 MHz Band licenses. This expiration date was set for eight years after the earliest date that incumbent broadcasters may be required to vacate the Lower 700 MHz Band. For licensees that elect to commence new broadcast operations prior to 1/1/07, their renewal deadline will be set at the end of an eight-year term following commencement of such broadcast operations. All licensees meeting the substantial service requirements will be deemed to have met renewal expectancy regardless of which construction options the licensee chooses.

Bidding Credits

Bidding credits are available to small, very small businesses or entrepreneurs or consortia thereof, (as defined in 47 C.F.R. § 1.2110(f), 27.702 . 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 annual gross revenues for the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests:

A bidder with attributed average annual gross revenues of not more than $40 million for the preceding three years ("small business") receives a 15 percent discount on its winning bids for 698-746 MHz licenses;
A bidder with attributed average annual gross revenues of not more than $15 million for the preceding three years ("very small business") receives a 25 percent discount on its winning bids for 698-746 MHz licenses;
A bidder with attributed average annual gross revenues of not more than $3 million for the preceding three years ("entrepreneur") receives a 35 percent discount on its winning bids for the 734 MSA/RSA licenses in the Lower 700 MHz band. This definition applies only with respect to licenses in Block C (710-716 MHz and 740-746 MHz) as specified in § 27.5(c)(1).

Bidding credits are not cumulative. A qualifying applicant receives either the 15 percent, 25 percent or the 35 percent bidding credit, but not more than one of them.

Tribal Land Credits

A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. § 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify.

Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In order for a winning bidder to be awarded a tribal land bidding credit, it must provide specific certifications regarding the servicing of tribal lands and is subject to specific performance criteria as set forth in 47 C.F.R. § 1.2110(f).

Additional information on the tribal land bidding credit, including how the amount of the credit is calculated, can be found on the Commission's web site by going to Tribal Land Bidding Credits.

Incumbents

There are a number of incumbent broadcasters already licensed and operating on these frequencies. 698-746 MHz licensees in accordance with the Commission's Rules must protect such incumbents from harmful interference. These limitations may restrict the ability of such geographic area licensees to use certain portions of the electromagnetic spectrum or provide service to certain regions in their geographic license areas.

Please check the summary page for Public Notices that provide due diligence information on licensees operating in these bands. The Commission makes no representations or guarantees that the matters listed in this Due Diligence Announcement are the only pending matters that could affect spectrum availability in these services.

Licensing Rules

There are no eligibility restrictions.
Applicants may aggregate Lower 700 MHz Band spectrum. See Reallocation and Service Rules for the 698-746 Spectrum MHz Band (Television Channels 52-59), GN Docket 01-74, Report and Order, 17 FCC Rcd 1022, at 1074 136, 17 FCC Rcd at 1076 142 (2002).
Incumbent licensees are present in the band.
Partitioning and/or disaggregation is permitted.

Releases P

9/20/2002
PUBLIC NOTICE (DA 02-2323)
Lower 700 MHz Band Auction Closes
This Public Notice provides detailed information concerning the completion of Auction No. 44.

8/7/2002
PUBLIC NOTICE (DA 02-1933)
Revised Qualified Bidder Notification; 125 Qualified Bidders
This Public Notice provides the revised list of qualified bidders, their license selections and their upfront payments received for the auction of licenses in the Lower 700 MHZ C and D blocks, or the 710 716/740-746 MHZ and 716-722 MHZ Bands (Auction #44); identifies the qualified bidders that have elected early departure from the auction; and contains bidding instructions and other important information.

6/26/2002
PUBLIC NOTICE (DA 02-1491)
Auction #44 Revised Schedule, License Inventory, and Procedures
This Public Notice revises the schedule, license inventory, and procedures for Auction No.44 in order to comply with the recently enacted Auctions Reform Act of 2002.

6/7/2002
PUBLIC NOTICE (DA 02-1346)
Auction of Licenses for 698-746 MHz Band; 128 Qualified Bidders
This Public Notice identifies 128 applicants found to be qualified to bid in the upcoming auction of 759 licenses in the lower 700 MHz band (Auction #44).

5/24/2002
PUBLIC NOTICE (FCC 02-158)
Auction of Licenses in the 747-762 and 777-792 MHz Bands (Auction No. 31) Postponed Until January 14, 2003; Auction of Licenses in the 698-746 MHz Band (Auction No. 44) will Proceed as Scheduled
This Public Notice announces the upcoming auction of licenses in the 747-762 and 777-792 MHZ band (Auction No. 31), is postponed until January 14, 2003, in order to provide additional time for Congress to consider legislation affecting the timing of that auction and, accordingly, bidder preparation and planning. Auction #44 will proceed as scheduled.

5/24/2002
PUBLIC NOTICE (DA 02-1213)
Auction of Licenses for 698-746 MHz Band; Status of FCC Form 175 Applications to Participate in the Auction; Extension of Upfront Payment Deadline
This Public Notice announces the status of the 153 applications received to participate in Auction No. 44. 72 applications were accepted for filing and 81 applications were incomplete.

4/26/2002
PUBLIC NOTICE (DA 02-971)
Pleading Cycle Established for Oppositions to Application for Review of WTB April 10, 2002 Letter, DA 02-857, Regarding Schedule for Auctions 31 and 44
This Public Notice establishes May 3,2002 as the deadline for filing oppositions to the Application for Reviewfiled by CTIA.

4/18/2002
PUBLIC NOTICE (DA 02-904)
Due Diligence Announcement for the Upcoming Auction of Licenses in the 698-746 MHz Band
This Public Notice provides due diligence information, as of April 11, 2002, for potential bidders in the upcoming auction of licenses in the 698-746 MHz ("Lower 700 MHz") band, scheduled for June 19, 2002.

4/16/2002
PUBLIC NOTICE (DA 02-883)
Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002; Reminder: Pre-Auction Seminar May 1, 2002
A seminar reminder to interested parties of Auction No. 44.

3/20/2002
PUBLIC NOTICE (DA 02-563)
Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures, DA 02-563
This Public Notice announces the procedures and minimum opening bids for the upcoming auction of licenses in the 698-746 MHz (Lower 700 MHz) band scheduled for June 19, 2002.

3/15/2002
PUBLIC NOTICE (DA 02-607)
Petition to Deny Filing Periods for Non-Reserved Channel FM and FM Translator Applications; Filing Periods to be Announced via "Broadcast Applications" Public Notice
On September 27, 2001, the Mass Media Bureau released a Public Notice announcing a window to permit settlements for certain closed groups of non-reserved channel mutually exclusive broadcast construction permit applications.
pdf - text

1/24/2002
PUBLIC NOTICE (DA 02-200)
Auction of Licenses in the 698-746 MHZ Band Scheduled for June 19, 2002; Comment Sought on Reserve Prices Or Minimum Opening Bids and Other Auction Procedural Issues
This Public Notice announces the auction of licenses for Fixed, Mobile, and Broadcasting services in the 698-746 MHZ (Lower 700 MHz) band. Comments are due on or before February 6, 2002, and reply comments are due on or before February 13, 2002.
pdf - text
Attachment A: pdf - xls

Comments Filed:

McBride Spectrum Partners, LLC: pdf
Paxson Communications Corporation: pdf
Rural 700 MHz Group: pdf
Rural Telelcommunications Group: pdf
Scott D. Reiter and Vincent D. McBride: pdf
Spectrum Exchange Group, LLC and Allen & Company Inc.: pdf
Telecom Consulting Associates: pdf
United States Cellular Corporation: pdf

Reply Comments:

Council Tree Communications, LLC: pdf
Entravision Communications Corporation: pdf
Leap Wireless International, Inc.: pdf
McBride Spectrum Partners, LLC: pdf
National Telephone Cooperative Assocation: pdf
Norwell Television, LLC: pdf
Paxson Communications Corporation: pdf
Rural 700 MHz Group: pdf
Rural Telecommunications Group: pdf
Spectrum Clearing Alliance: pdf
Spectrum Exchange Group, LLC and Allen & Company Inc.: pdf
Telecom Consulting Associates: pdf
United States Cellular Corporation: pdf

Releases L

10/31/2006
LETTER (DA 06-2170)
Final Bid Withdrawal Payment for Auction No. 44, Pioneer Telephone Association, Inc.

10/31/2006
LETTER (DA 06-2134)
Final Bid Withdrawal Payments for Auction No. 44, Cable & Communications Corporation

10/31/2006
LETTER (DA 06-2178)
Final Bid Withdrawal Payment for Auction No. 44, XIT Telecommunications & Technology, Ltd.

2/13/2004
LETTER (DA 04-3887)
Letter to Dennis L. O'Neill, President, Milkyway Broadband, LLC
This letter assesses the final bid withdrawal payment for Auction No. 44.

9/5/2003
LETTER (DA 03-2801)
Letter to Mr. Vincent D. McBride, Managing Partner
This letter refunds McBride Spectrum $3,043 withheld in connection with licenses in Auction No. 44.

5/16/2003
LETTER (DA 03-1719)
Banks Broadcasting, Inc. Request for Waiver of Section 1.2109(b) of the Commission's Rules
This letter denies the Request for Waiver filed by Banks Broadcasting Inc.

8/26/2002
LETTER (DA 02-2089)
Letter to Mr. A. Richard Burke, Executive Manager, Special Wireless Projects, Office of the Chief Technology Officer, Government of the District of Columbia
This letter denies the request filed by the Office of the Chief Technology Officer of the Government of the District of Columbia for waiver of the Auction No. 44 short-form filing deadline.

8/23/2002
LETTER (DA 02-2085)
Letter to Sylvia Lesse, Esquire and John Kuykendall, Esquire
This letter denies the request of Coleman County Telecommunications, Ltd. for waiver of the upfront payment deadline for Auction No. 44.

8/23/2002
LETTER (DA 02-2077)
Letter to Central Wyoming College and State Board of Education, State of Idaho Concerning FCC Form 175 Applications to Participate in Auction No. 44
This letter dismisses Central Wyoming's and State Board's requests that their short-form applications be accepted and processed outside of the Commission's competitive bidding rules.

4/11/2002
LETTER (DA 02-857)
Mr. Thomas E. Wheeler, President/CEO of Cellular Telecommunications & Internet Association
This letter denies CTIA's request for the delay of Auctions 31 and 44.
(Original CTIA letter, dated April 3, 2002, requesting delay of Auction 31): pdf

Releases O

6/16/2006
MEMORANDUM OPINION AND ORDER (DA 06-1285)
WSS, LLC Request for Waiver of Section 1.2109 of the Commission's Rules
The WTB, Auctions and Spectrum Access Division granted a waiver request filed by WSS, LLC of Section 1.2109 of the Commission's rules

11/3/2003
SECOND ORDER ON RECONSIDERATION OF THE THIRD REPORT AND ORDER (FCC 03-236)
Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules
Carriage of the transmissions of digital television broadcast stations; review of the Commission's rules and policies affecting the conversion to digital television.

8/27/2003
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2723)
Northeast Communications of Wisconsin, Inc. for C Block Facilities in the 710-716 and 740-746 MHz Bands
Issued Notice of Apparent Liability for Forfeiture in the amount of $100,000 to Northeast Communications of Wisconsin, Inc. for violating Section 1.2105(c) of the Commission's Rules during the auction with Northeast Communication of Wisconsin, Inc. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF.

8/27/2003
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2722)
Star Wireless, LLC for C Block Facilities in the 710-716 and 740-746 MHz Bands
Liability for Forfeiture in the amount of $100,000 to Star Wireless, LLC for violating Section 1.2105(c) of the Commission's Rules during the auction with Star Wireless, LLC.. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF.

7/25/2002
MEMORANDUM OPINION AND ORDER (DA 02-1817)
Auction No. 44 Revised Schedule, License Inventory, and Procedures, Public Notice, DA 02-1491 Petition for Reconsideration by Spectrum Holdings I, LP
This Memorandum Opinion and Order denies the Petition for Reconsideration filed by Spectrum Holdings I, LP, seeking reconsideration of actions taken by the Bureau to implement requirements of the Auction Reform Act of 2002.

6/18/2002
ERRATUM
Erratum to Memorandum Opinion and Order FCC 02-185
This Erratum revises the Memorandum Opinion and Order ("MO&O") released June 14, 2002, the Commission inadvertently failed to include a clause making its order effective immediately upon release by ERRATUM.
pdf - text - Word
See MO&O, FCC 02-185

6/14/2002
ORDER (FCC 02-185)
Memorandum Opinion and Order
This MO&O addresses petitions for reconsideration filed by eight parties that seek changes and/or clarifications to this Commission's decisions regarding issues relating to the transition to DTV service and the rules for auctioning and licensing new services on the Lower 700 MHz Band. (Includes changes made by the Erratum, released June 18, 2002.)

5/24/2002
ORDER (FCC 02-155)
In the matter of Auction No. 31, Auction No. 44, Cellular Telecommunications & Internet Association, Paxson Communications Corporation, and the Spectrum Clearing Alliance Concerning the Applications for Review of WTB Letter, April 10, 2002, DA 02-857
This Order concludes the Bureau acted correctly and find no grounds in either Application or related filings sufficient to reverse the Bureau Letter.

2/5/2002
ERRATUM (DA 02-269)
Erratum to Report and Order FCC 01-364
This erratum makes the following corrections to the Report and Order and final rules, FCC 01-364, as released on January 18, 2002.These corrections will be incorporated in the summary of the Report and Order published in the Federal Register.
See Report & Order DA 01-364

1/18/2002
REPORT AND ORDER (FCC 01-364)
Report and Order
FCC reallocates and adopts service rules for the 698-746 MHz Spectrum band.
See Erratum DA 02-269

3/28/2001
NOTICE OF PROPOSED RULE MAKING (FCC 01-91)
In the Matter of Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59)
This Order proposes to reallocate the 698-746 MHz spectrum band, currently comprising television ("TV") Channels 52-59.

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