FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement Page: 1,235
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Following the close of the auction, you requested a waiver of the Commission's
competitive bidding rules relative to the withdrawn bid.7 Specifically, you sought the
award of License BEA 160E, the establishment of an installment plan, and a reduction in
the bid amount. On November 13, 1998, we denied your request on the grounds that a
grant .. .would be contrary to the most basic principles of the auction process ...."
Thus, you were subjected to an initial withdrawal payment of 3 percent of the withdrawn
bid amount8 and our First Denial Waiver stated that you would be subject to the full
withdrawal payment under the Commission's rules once License BEA 160E was sold at
a subsequent auction and the full bid withdrawal payment could be determined.9
On November 17, 1998, you filed a petition for reconsideration of that
decision,10 which the Wireless Telecommunications Bureau ("Bureau") denied on
March 5, 1999.11 On March 29, 1999, you filed an application for review with the
Commission. On July 21, 1999, the Commission denied your application as you raised
new issues on review that should have been presented to the Bureau.'2
On June 30, 1999, the Commission completed the second Phase II 220 MHz
Service spectrum auction (Auction No. 24).13 Your bid in the amount of $199,000 (net
bid $129,350)14 was the winning bid on License BEA 160E.
Section 1.925(b) provides that a request for waiver of the Commission's rules
must include a showing: (i) that the underlying purpose of the rule would not be served
or would be frustrated by application to the instant case, and that a grant of the requested
See Letter from Jeremy Greene to Amy Zoslov, Chief, Auction and Industry Analysis Division,
dated October 26, 1998 ("October 26, 1998 Letter"); Letter from Jeremy Greene to Amy Zoslov, Chief,
Auction and Industry Analysis Division, dated October 29, 1998 ("October 29, 1998 Letter").
8 See "Phase II 220 MHz Service Auction Closes: Winning Bidders In the Auction of 908 Phase II
220 MHz Service Licenses," Public Notice, DA 98-2143 (rel. October 23, 1998).
9 See First Waiver Denial at 1.
'1 See Letter from Jeremy Greene to Chairman William Kennard, Commissioners, Susan Ness,
Harold Furchtgott-Roth, Michale Powell and Gloria Tristani, dated November 17, 1998 ("petition for
1 I See WTB Reconsideration Order.
12 MO&O at 8.
13 See "Phase II 220 MHZ Service Spectrum Auction Closes; Winning Bidders in the Auction of
225 Licenses in the Phase II 220 MHZ Service," Public Notice, DA 99-1287 (rel. July 1, 1999).
The net bid takes into account the bidding credit that you claimed.
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United States. Federal Communications Commission. FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement, book, 2000; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc2992/m1/48/: accessed November 13, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.