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

   Link to an amendment published at  80 FR 56809 , September 18, 2015.

   (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]

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