§  1.2107   Submission of down payment and filing of long-form applications.

   (a) After bidding has ended, the Commission will identify and notify
   the high bidder and declare the bidding closed.

   (b) Unless otherwise specified by public notice, within ten (10)
   business days after being notified that it is a high bidder on a
   particular license(s), a high bidder must submit to the Commission's
   lockbox bank such additional funds (the “down payment”) as are
   necessary to bring its total deposits (not including upfront payments
   applied to satisfy bid withdrawal or default payments) up to twenty
   (20) percent of its high bid(s). (In single round sealed bid auctions
   conducted under §  1.2103, however, bidders may be required to submit
   their down payments with their bids.) Unless otherwise specified by
   public notice, this down payment must be made by wire transfer in U.S.
   dollars from a financial institution whose deposits are insured by the
   Federal Deposit Insurance Corporation and must be made payable to the
   Federal Communications Commission. Down payments will be held by the
   Commission until the high bidder has been awarded the license and has
   paid the remaining balance due on the license or authorization, in
   which case it will not be returned, or until the winning bidder is
   found unqualified to be a licensee or has defaulted, in which case it
   will be returned, less applicable payments. No interest on any down
   payment will be paid to the bidders.

   (c) A high bidder that meets its down payment obligations in a timely
   manner must, within ten (10) business days after being notified that it
   is a high bidder, submit an additional application (the “long-form
   application”) pursuant to the rules governing the service in which the
   applicant is the high bidder. Except as otherwise provided in §  1.1104,
   high bidders need not submit an additional application filing fee with
   their long-form applications. Specific procedures for filing
   applications will be set out by Public Notice. Ownership disclosure
   requirements are set forth in §  1.2112. Beginning January 1, 1999, all
   long-form applications must be filed electronically. An applicant that
   fails to submit the required long-form application under this paragraph
   and fails to establish good cause for any late-filed submission, shall
   be deemed to have defaulted and will be subject to the payments set
   forth in §  1.2104.

   (d) As an exhibit to its long-form application, the applicant must
   provide a detailed explanation of the terms and conditions and parties
   involved in any bidding consortia, joint venture, partnership or other
   agreement or arrangement it had entered into relating to the
   competitive bidding process prior to the time bidding was completed.
   Such agreements must have been entered into prior to the filing of
   short-form applications pursuant to §  1.2105.

   (e) A winning bidder that seeks a bidding credit to serve a qualifying
   tribal land, as defined in §  1.2110(f)(3)(i), within a particular
   market must indicate on the long-form application (FCC Form 601) that
   it intends to serve a qualifying tribal land within that market.

   (f) An applicant must also submit FCC Form 602 ( see §  1.919 of this
   chapter) with its long form application (FCC Form 601).

   (g)(1)(i) A consortium participating in competitive bidding pursuant to
   §  1.2110(b)(3)(i) that is a winning bidder may not apply as a
   consortium for licenses covered by the winning bids. Individual members
   of the consortium or new legal entities comprising individual
   consortium members may apply for the licenses covered by the winning
   bids of the consortium. An individual member of the consortium or a new
   legal entity comprising two or more individual consortium members
   applying for a license pursuant to this provision shall be the
   applicant for purposes of all related requirements and filings, such as
   filing FCC Form 602. However, the members filing separate long-form
   applications shall all use the consortium's FCC Registration Number
   (“FRN”) on their long-form applications. An application by an
   individual consortium member or a new legal entity comprising two or
   more individual consortium members for a license covered by the winning
   bids of the consortium shall not constitute a major modification of the
   application or a change in control of the applicant for purposes of
   Commission rules governing the application.

   (ii) Within ten business days after release of the public notice
   announcing grant of a long-form application, that licensee must update
   its filings in the Commission's Universal Licensing System (“ULS”) to
   substitute its individual FRN for that of the consortium.

   (2) The continuing eligibility for size-based benefits, such as
   size-based bidding credits or set-aside licenses, of a newly formed
   legal entity comprising two or more individual consortium members will
   be based on the size of such newly formed entity as of the filing of
   its long-form application.

   (3) Members of a consortium intending to partition or disaggregate
   license(s) among individual members or new legal entities comprising
   two or more individual consortium members must select one member or one
   new legal entity comprising two or more individual consortium members
   to apply for the license(s). The applicant must include in its
   applications, as part of the explanation of terms and conditions
   provided pursuant to §  1.2107(d), the agreement of the applicable
   parties to partition or disaggregate the relevant license(s). Upon
   grant of the long-form application for that license, the licensee must
   then apply to partition or disaggregate the license pursuant to those
   terms and conditions.

   [ 59 FR 44293 , Aug. 26, 1994, as amended at  61 FR 49075 , Sept. 18, 1996;
    62 FR 13543 , Mar. 21, 1997;  63 FR 2342 , Jan. 15, 1998;  63 FR 12659 ,
   Mar. 16, 1998;  63 FR 68942 , Dec. 14, 1998;  65 FR 47354 , Aug. 2, 2000;
    67 FR 45365 , July 9, 2002;  71 FR 6227 , Feb. 7, 2006;  76 FR 37661 , June
   28, 2011]

   return arrow Back to Top