FCC Record, Volume 28, No. 15, Pages 11617 to 12583, August 7 - August 21, 2013 Page: 11,659
vi, 11617-12583 p. ; 28 cm.View a full description of this book.
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B. SAC Identification
97. An applicant will not be required to select the specific census blocks on which it wishes
to bid when submitting its short-form application. Based on the SACs or Tribal lands information entered
by an applicant, the FCC Auction System will identify during the application process bidding areas for
which the applicant may be eligible.'9 Additional information regarding the short-form application
process is available in Attachment D.
C. Disclosure of Bidding Arrangements
98. An applicant will be required to identify in its short-form application all real parties in
interest to any agreements relating to the participation of the applicant in the competitive bidding for
Tribal Mobility Fund support.'s"
99. Each applicant will also be required to certify under penalty of perjury in its short-form
application that it has disclosed all real parties in interest to any agreements involving the applicant's
participation in the competitive bidding for Tribal Mobility Fund support.ls' If an applicant has had
discussions, but has not reached an agreement by the short-form application filing deadline, it should not
include the names of parties to the discussions on its application and may not continue such discussions
with any other applicant after the deadline.'82
100. Moreover, each applicant will also be required to certify under penalty of perjury in its
short-form application that it and all applicable parties have complied with and will continue to comply
with section 1.21002 of the Commission's rules, the rule prohibiting certain communications.'83 While
section 1.21002 does not prohibit non-auction-related business negotiations among auction applicants, we
remind applicants that certain discussions or exchanges could touch upn impermissible subject matters
because they may convey pricing information and bidding strategies.' Further, as discussed above,
compliance with the disclosure requirements of section 1.21002 of the Commission's rules will not
insulate a party from enforcement of the antitrust laws.'8s
79 The FCC Auction System will identify the bidding areas on which the applicant is potentially eligible to bid
based on information provided in the applicant's FCC Form 180. Applicants are reminded that this is not a
determination of eligibility under the Commission's rules. The identification of an area as one in which the
applicant is potentially eligible to bid does not mean that the applicant is actually eligible to bid for support in that
area. Some of the areas may be outside the areas for which a bidder is actually eligible to bid pursuant to the
Commission's rules--i.e., the areas in which it is designated as an ETC or, in the case of a Tribally-owned
or -controlled entity, areas in its Tribal lands for which it has a pending petition for designation as an ETC.
8so 47 C.F.R. 1.21001(b)(3).
181 47 C.F.R. i 1.21001(b)(4).
'82 See section II.C.2 above.
183 47 C.F.R. 1.21001(b)(5), 1.21002.
s See section II.C.2 above.
ss Id"11659
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 15, Pages 11617 to 12583, August 7 - August 21, 2013, book, August 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc272132/m1/55/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.