DA 00-1449 June 29, 2000 DUE DILIGENCE ANNOUNCEMENT FOR UPCOMING 800 MHZ SPECTRUM AUCTIONS ______ General Category Channels Auction (No. 34) on August 16, 2000 Lower 80 Channels Auction (No. 36) on November 1, 2000 ______ This Public Notice provides due diligence information, as of June 20, 2000, for potential bidders in the auctions for (1) the General Category channels of the 800 MHz band (Auction No. 34), scheduled for August 16, 2000, and (2) the lower 80 channels of the 800 MHz band (Auction No. 36), scheduled for November 1, 2000. Potential bidders are reminded that certain filings, including waiver requests, petitions for reconsideration, and applications for review, are pending before the Commission and relate to particular applicants or incumbent 800 MHz licensees. Resolution of these matters could affect the availability of spectrum for licensees in the 800 MHz bands. While the Commission will continue to act on such pending matters, some of these matters may not be resolved by the time of the 800 MHz auctions. To aid potential bidders, attached to this public notice is a list of matters that are known to be pending before the Commission, as of June 28, 2000, and which relate to the licenses or applications for 800 MHz channels covered either by Auctions 34 or 36 (see Attachments A, B, and C, respectively). The Commission makes no representations or guarantees that the listed matters are the only pending matters that could affect spectrum availability in the 800 MHz band in Auctions No. 34 and 36. Potential bidders are solely responsible for investigating and evaluating the degree to which such pending matters may affect spectrum availability in areas where they seek licenses. Copies of the pleadings related to the matters listed in the attachments to this public notice are available for public inspection and copying by contacting either Esther Hayes or Louann Laughman by phone at (717) 338-2604, or by mail via Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325. Copies of the pleadings may also be obtained from the International Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, DC 20036. In addition, potential bidders may use the Internet to research the Bureau's licensing databases in order to determine which frequencies are already licensed to incumbent licensees. Potential bidders may have to select other databases to perform research because the 800 MHz incumbent licensing records have not yet been converted to the Universal Licensing System (ULS). The licensing database (not the pleadings) is available for on-line review. Additionally, the Land Mobile database may also be queried online. The Commission makes no representations or guarantees regarding the accuracy or completeness of information that has been provided by incumbent licensees and incorporated into the databases. Potential bidders are strongly encouraged to physically inspect any sites located in or near the geographic area for which they plan to bid. Parties May Submit Additions or Corrections Parties may submit additions or corrections to the list, provided such additions or corrections are filed with the Commission by July 15, 2000. Such submissions should be limited to identifying pleadings or papers previously filed with the Commission. No new pleadings or arguments on the merits will be accepted except as explicitly provided by Commission rules. Corrections and additions must be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554. One copy of each submission should also be sent to each of the following: (1) Terry Fishel, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission, 1270 Fairfield Road, Suite 16, Gettysburg, PA 17325; (2) Chris Gacek, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Room 4-A233, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554; and the (3) International Transcription Service, Inc. (ITS), 1231 20th Street, N.W., Washington, DC 20036. Parties filing additions or corrections should refer to this public notice by document number (i.e., DA 00-1449). Parties are also reminded that contested proceedings are restricted proceedings governed by the Commission's ex parte rules. See generally, 47 C.F.R.  1.1200-1.1216. In such proceedings, submissions filed pursuant to this Public Notice must be served on all parties. For further information, contact Esther Hayes or Louann Laughman by mail via Licensing and Technical Analysis Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325, or by phone at (717) 338-2604. - FCC - ATTACHMENT A: DUE DILIGENCE LIST - GENERAL CATEGORY CHANNELS (See MS Excel File d001449a.xls) ATTACHMENT B: DUE DILIGENCE LIST - LOWER 80 SMR CHANNELS (See MS Excel File d001449b.xls) ATTACHMENT C: DUE DILIGENCE LIST CALL SIGNS THAT MAY BE AFFECTED BY CHADMOORE WIRELESS GROUP'S APPLICATION FOR REVIEW (See MS Excel File d001449c.xls) Public Notice, Auction of Licensees For 800 MHz Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz), DA 00-1100 (rel. May 18, 2000) (rescheduling auction from August 23rd to August 16, 2000, and announcing procedures and minimum opening bids); see also, Public Notice, Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Service General Category Frequencies in the 851-854 MHz Band Scheduled for August 23, 2000: Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedures, DA 00-667 (rel. March 23, 2000), 65 Fed. Reg. 17268 (March 31, 2000); Public Notice, Auction of Additional Licenses for 800 MHz Specialized Mobile Radio (SMR) Service to Be Included in Auction No. 34 Scheduled for August 23, 2000: Comment Sought on Reserve Prices or Minimum Opening Bids and Other Auction Procedural Issues, DA 00-877 (rel. April 18, 2000); Public Notice, Clarification of 800 MHz Specialized Mobile Radio (SMR) Service In the General Category Band (851-854 MHz), DA 00-1364 (rel. June 21, 2000)(listing General Category channels that will be available for use near the Canadian and Mexican borders). Public Notice, Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Frequencies in the Lower 80 Channels Scheduled for September 13, 2000, DA 00-668 (rel. March 23, 2000), 65 Fed Reg. 17272 (March 31, 2000); see also, Public Notice, Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Service Frequencies in the Lower 80 Channels: Auction Notice and Filing Requirements for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels, DA 00-1388 (rel. June 23, 2000) (rescheduling auction from Sept. 23rd to Nov. 1, 2000, and announcing procedures and minimum opening bids). See, http://www.fcc.gov/wtb/databases.html See, http://gullfoss.fcc.gov/cgi-bin/wtb_pt_rad/ptradsrch.sh See Application for Review, filed by Chadmoore Wireless Group, Inc., filed December 9, 1999, requesting review of Chadmoore Wireless Group, Order on Reconsideration, 14 FCC Rcd. 18713 (CWD 1999). 6 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554