FCC Record, Volume 28, No. 15, Pages 11617 to 12583, August 7 - August 21, 2013 Page: 11,652
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Also, the applicant must certify that it and all applicable parties have complied with and will continue to
comply with 47 C.F.R. 1.21002.142
70. The Bureaus caution, however, that merely filing a certifying statement as part of an
application will not outweigh specific evidence that a prohibited communication has occurred, nor will it
preclude the initiation of an investigation when warranted.143 The Commission has stated that it
"intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be
occurring."'" Any applicant found to have violated section 1.21001(b)(4) or (b)(5) may be subject to
Sanctions.145
f. Duty to Report Prohibited Communications
71. Section 1.21002(c) provides that any applicant that makes or receives a communication
that appears to violate section 1.21002 must report such communication in writing to the Commission
immediately, and in no case later than five business days after the communication occurs.' An
applicant's obligation to make such a report continues until the report has been made.147
72. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the
accuracy and completeness of information furnished in its pending application and to notify the
Commission of any substantial change that may be of decisional significance to that application.'48 Thus,
section 1.65 requires an Auction 902 applicant to notify the Commission of any substantial change to the
information or certifications included in its pending short-form application. An applicant is therefore
required by section 1.65 to report to the Commission any communication the applicant has made to or
received from another applicant after the short-form application filing deadline that affects or has the
potential to affect bids or bidding strategy, unless such communication is made to or received from a
party to an agreement identified under sections 1.21001(bX3) and (b)(4).'49
73. Sections 1.65(a) and 1.21002 of the Commission's rules require each applicant in
competitive bidding proceedings to furnish additional or corrected information within five days of a
significant occurrence, or to amend its short-form application no more than five days after the applicant
becomes aware of the need for amendment.'" These rules are intended to facilitate the auction process
by making the information available promptly to all participants and to enable the Bureaus to act
expeditiously on those changes when such action is necessary.'5'
142 47 C.F.R. 1.21001(b)(5), 1.21002.
143 Nevada Wireless Order, 13 FCC Red at 11978, para. 13.
144 Competitive Bidding Memorandum Opinion and Order, 9 FCC Red at 7689, para. 12.
145 See, e.g., 47 C.F.R. 1.2109(d).
14647 C.F.R. 1.21002(c); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17552-55, paras. 12-18. This
reporting requirement applies even if the communication of bids or bidding strategies does not result in a bidding
arrangement, agreement, or understanding. Id. at 17552, para. 12.
147 47 C.F.R. 1.21002(c).
148 47 C.F.R. 1.65; see also Part 1 Seventh Report and Order, 16 FCC Red at 17550-51, para. 9.
149 See Part I Seventh Report and Order, 16 FCC Red at 17550-51, para. 9.
150 Procedural Amendments to Commission Part 1 Competitive Bidding Rules, WT Docket No. 10-18, Order, FCC
10-4, 25 FCC Red 521, 523, para. 8 (2010) (Part 1 Procedural Amendments Order).
1st Id.11652
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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/m1/48/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.