FCC Record, Volume 15, No. 3, Pages 1205 to 1858, Supplement Page: 1,237
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withdrawal payment rule would threaten the economic efficiency of the auction process
and could encourage future bidders to submit "mistaken" bids intentionally in order to
gain insight into a competitor's valuation of licenses.'9
In the Atlanta Trunking Orders, the Commission provided guidance for deciding
mistaken bids.0 The Commission held that waivers or reductions are permissible in
instances where there is no evidence of insincere or frivolous bidding or other acts of
bad faith related to the actual bid.2 In those cases bidders had mistakenly entered extra
zeros at the end of their bids. Of particular importance in the Atlanta Trunking Orders
was the round and stage in which a mistaken bid was withdrawn.22 Using this approach,
it is clear that a waiver would be inappropriate in this case. First, you have provided no
evidence that your bid was unintentional. Second, your bid was made in round 19, but
you did not withdraw your bid until round 41, twenty-two rounds later.
To grant your waiver request would encourage future bidders to hide behind their
inexperience to avoid responsibility for their bids. It would also be unfair to other
bidders who planned carefully and familiarized themselves with the Commission's rules
prior to the start of the auction. Such a result would not be in the public interest.23
When you made the bid, you assumed the risk that you would be subject to a substantial
bid withdrawal payment if you withdrew your bid.
As stated above, your withdrawn bid for License BEA 160E in Auction 18 was
$477,000 (net bid $310,050.00), and your winning bid in Auction 24 for License BEA
19 See Atlanta Trunking Associates, Inc., and MAP Wireless, L.L.C., Requests to Waive Bid
Withdrawal Payment Provisions, Order, 11 FCC Rcd. 17189 (1996); and Atlanta Trunking Associates,
Inc. and MAP Wireless, L.L.C., Petition for Reconsideration of Bid Withdrawal Payment, and Georgia
Independent PCS Corporation, Application for Review of Request to Waive Bid Withdrawal Payment,
Memorandum, Opinion and Order, 12 FCC Rcd. 6382, 10 (1997) (hereinafter referred to as "1996
Atlanta Trunking Order" and "1997 Atlanta Trunking Order." respectively, or jointly as the "Atlanta
21 1996 Atlanta Trunking Order, FCC Rcd. at 17197-17199, q 17-21 and 1997 Atlanta Trunking
Order, FCC Rcd. at 6386, 7.
22 1997 Atlanta Trunking Order at 1 17; See also Letter from Daniel B. Phythyon, FCC, to Tyrone
Brown, ClearComm, L.P., DA 98-1074 (rel. June 12, 1998); In the Matter of ClearComm, L.P., Order,
DA 98-1081, (rel. June 12, 1998) (granting ClearComm's request for reduction of its bid withdrawal
payment based upon the totality of the circumstances); Georgia Independent PCS Corporation Request to
Waive Bid Withdrawal Payment Provision, Order, DA 96-706, 11 FCC Rcd. 13728 (WTB 1996) (on
delegated authority, the Wireless Telecommunications Bureau partially waived the bid withdrawal
payment requirement for Georgia Independent PCS Corporation's erroneous bid in Auction No. 5).
23 See 1996 National Telecom PCS Order at 9 10.
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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/m1/50/: accessed November 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.