Auction 69: 1.4 GHz Bands

52 Major Economic Area (MEA) licenses
Block A: 6 Economic Area Grouping (EAG) licenses
Block B: 6 Economic Area Grouping (EAG) licenses
64 total licenses will be offered.

Spectrum:

1390-1392 MHz band
1392-1395 and 1432-1435 MHz bands

Bandwidth:

1390-1392 MHz (2 MHz)
Block A: 1392-1393.5 and 1432-1433.5 MHz (3 MHz)
Block B: 1393.5-1395 and 1433.5-1435 MHz (3 MHz)

Winning Bidders:

2 Bidders won 64 Licenses

Rounds:

267

Qualified Bidders:

Licenses Won:

Total Licenses:

Net Bids:

$123,599,000

Gross Bids:

$123,599,000

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 and Construction Requirements
Bidding Credits
Tribal Land Bidding Credit
Incumbents
Licensing Rules
Auction Structure and Bidding Procedures

Key Dates

Event	Date
Pre-Auction Seminar	11/29/2006
Form 175 (Short Form) Application Filing Window Opens	11/29/2006; 12:00 noon ET
Form 175 (Short Form) Application Filing Deadline	12/11/2006; 6:00 pm ET
Upfront Payments Deadline	1/12/2007; 6:00 pm ET
Mock Auction	2/5/2007
Auction Start	2/7/2007
Auction Closed	3/8/2007

Licenses Offered

Auction No. 69 will offer 64 licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands, and in the unpaired 1390-1392 MHz band. A complete list of licenses available in Auction No. 69 and their descriptions is provided in Attachment A of Public Notice DA 06-2014 .

Permissible Operations

When adopting its service rules for these bands, the Commission established a flexible regulatory and licensing framework in order to promote the provision of new and technologically innovative services. Licensees may provide both fixed and mobile services including wireless internet, high speed data as well as advanced two-way mobile and paging services.

License Period and Construction Requirements

The 1.4 GHz bands licenses shall have a term of ten years from the date of initial issuance. See 47 C.F.R. § 27.13(c), (d).

The 1.4 GHz bands licensees must make a showing of “substantial service” in their license area within the initial license term (ten years). See 47 C.F.R. § 27.14(a). “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Any licensee that fails to meet this requirement will forfeit its license and the licensee will be ineligible to regain it.

Bidding Credits

Bidding credits are available to small businesses and very small businesses and consortia thereof (as defined in 47 C.F.R. § 1.2110 ). A bidding credit represents the amount by which a bidder’s winning bid is 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 that exceed $15 million and do not exceed $40 million for the preceding three years (“small business”) will receive a 15 percent discount on its winning bid.
A bidder with attributed average annual gross revenues that do not exceed $15 million for the preceding three years (“very small business”) will receive a 25 percent discount on its winning bid.

Bidding credits are not cumulative; a qualifying applicant receives the 15 percent or 25 percent bidding credit on its winning bid, but not both.

Tribal Land Bidding Credit

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 wireline penetration rate equal to or below 85 percent is eligible to receive a tribal lands bidding credit as set forth in 47 C.F.R. §§ 1.2107(e) and 1.2110(f). A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. A winning bidder need not qualify for a small business bidding credit to be eligible for a tribal lands bidding credit.

Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after winning the auction when it first files its long-form application (FCC Form 601). In order for a winning bidder to be awarded a tribal lands 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 lands bidding credit, including how the amount of the credit is calculated, can be found on the Commission’s auction web site at Tribal Land Bidding Credits.

Incumbents

There are several government operations that will continue to operate in these bands:

1390-1392 MHz

Radio astronomy observations may be assigned in the 1350-1400 MHz band on an unprotected basis at the 16 radio astronomy observatories identified in the table of Footnote US311 set forth in 47 C.F.R. § 2.106 .
In the 1390-1400 MHz band, government operations authorized as of March 22, 1995, at the 17 sites identified in the table of Footnote US351 set forth in 47 C.F.R. § 2.106 will continue to operate on a fully protected basis until January 1, 2009. All other government operations, except for medical telemetry (1395-1400 MHz), will operate on a non-interference basis to authorized non-Government operations and shall not hinder implementation of any non-Government operations.

1392-1395 MHz and 1432-1435 MHz

Radio astronomy observations may be assigned in the 1350-1400 MHz band on an unprotected basis at the 16 radio astronomy observatories identified in the table of Footnote US311 set forth in 47 C.F.R. § 2.106 .
In the 1390-1400 MHz band, government operations authorized as of March 22, 1995, at the 17 sites identified in the table of Footnote US351 set forth in 47 C.F.R. § 2.106 will continue to operate on a fully protected basis until January 1, 2009. All other government operations, except for medical telemetry (1395-1400 MHz), will operate on a non-interference basis to authorized non-Government operations and shall not hinder implementation of any non-Government operations.
In the 1432-1435 MHz band, government stations in the fixed and mobile services may operate indefinitely on a primary basis at the 23 sites listed in the table of Footnote US361 set forth in 47 C.F.R. § 2.106 . All other Government stations in the fixed and mobile services shall operate on a primary basis until re-accommodated in accordance with the National Defense Authorization Act of 1999.

Licensing Rules

47 C.F.R. Part 27

Auction Structure and Bidding Procedures

For more information about the structure of Auction No. 69 and bidding procedures, see Public Notice DA 06-2014

Releases P

3/14/2007
PUBLIC NOTICE (DA 07-1176)
Auction of 1.4 GHz Band Licenses Closes, Winning Bidders Announced for Auction No. 69
This Public Notice announces the winning bidders and provides detailed information concerning down payments, final payments and/or refunds, FCC forms 601 and 602 filing requirements, requests for rule waivers and licensing matters.

1/23/2007
PUBLIC NOTICE (DA 07-123)
Auction of 1.4 GHz Band Licenses, Nine Bidders Qualified to Participate in Auction No. 69
This Public Notice identifies nine applicants found to be qualified to bid in the upcoming auction of 1.4 GHz band licenses (Auction No. 69).

1/4/2007
PUBLIC NOTICE (DA 07-2)
Auction of 1.4 GHz Band Licenses, Status of Short-Form Applications to Participate in Auction No. 69
The WTB announces the status of short form applications filed for the upcoming auction of 64 1.4 GHz band licenses Auction No. 69.

11/2/2006
PUBLIC NOTICE (DA 06-2014)
Auction of 1.4 GHz Band Licenses Scheduled for February 7, 2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction No. 69
The WTB announces the procedures and minimum opening bids amounts for the upcoming auction of 1.4 GHz bands licenses, Auction No. 69 scheduled to begin on February 7, 2007.

8/28/2006
PUBLIC NOTICE (DA 06-1016)
Auction of 1.4 GHz Bands Licenses Scheduled For February 7, 2007; Comment Sought On Competitive Bidding Procedures for Auction No. 69
The WTB announces the auction of 64 licenses in the 1.4 GHz bands scheduled to commence on February 7, 2007. Copies of comments and reply comments filed in response to this public notice may be found by using the search function of ECFS under docket number 06-104 or through the FCC Reference Information Center, which is located in Room CY-A257 at the Commission's Headquarters.

Releases L

12/29/2004
LETTER
To Mr. Gallagher, U.S. Department of Commerce, from Mr. Powell, Chairman of the FCC
Letter informing Mr. Gallagher of the FCC's plans to auction spectrum in the 1432-1435 MHz and the 1710-1755 MHz bands.
pdf

Releases O

10/21/2004
REPORT AND ORDER (FCC 04-246)
Seventh Report and Order
Amendment of Part 2 of the Commission's Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services (AWS), including Third Generation Wireless Systems; Amendments to Parts 1, 2, 27 and 90 of the Commission's Rules to License Services in the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands

10/21/2004
ERRATUM (FCC 04-246)
Erratum to Order FCC 04-246
This Erratum corrects errors in the Seventh Report and Order, FCC 04-246, which was released on October 21, 2004.
pdf - Word
See Report and Order, FCC 04-246

2/6/2002
NOTICE OF PROPOSED RULEMAKING (FCC 02-15)
27 MHz Notice of Proposed Rulemaking
This Notice proposes new service rules for licensing a total of 27 megahertz of spectrum from the 216-220 MHz, 1390-1395 MHz, 1427-1429.5 MHz, 1429.5-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz bands.