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Summary Listing of Documents Addressing Application of the Rule Prohibiting Certain Communications


Judicial Decisions

4/22/2008
Star Wireless, LLC v. FCC, No. 07-1190, slip op. (D.C. Cir. Apr. 22, 2008)

1/11/2002
High Plains Wireless, L.P. v. FCC, 276 F.3d 599 (D.C. Cir. 2002)

Commission Decisions

2/24/2010
ORDER (DA 10-288)
Procedural Amendments to Commission Part 1 Competitive Bidding Rules
Order And Errata making corrections to Section 1.2105.

1/7/2010
MEMORANDUM OPINION AND ORDER (FCC 10-4)
Procedural Amendments to Commission Part 1 Competitive Bidding Rules
Made two procedural amendments to its competitive bidding rules concerning reports made in connection with auction applications.

8/10/2007
SECOND REPORT AND ORDER (FCC 07-132)
Service Rules for the 698-746, 747-762 and 777-792 MHz Bands
The FCC revised the 700 MHz band plan and service rules to promote the creation of a nationwide, interoperable broadband network for public safety and to facilitate the availability of new and innovative wireless broadband services for consumers.

5/4/2007
Order on Review (FCC 07-80)
Star Wireless, LLC and Northeast Communications of Wisconsin, Inc
Reduced the previously imposed forfeiture amount from $100,000 to $75,000 against each party. Denied in part and granted in part the Petition for Reconsideration and the Application for Review

9/27/2001
SEVENTH REPORT AND ORDER (FCC 01-270)
Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures
This Order adopts modifications to section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule".

12/13/1999
Memorandum Opinion and Order (FCC 99-385)
Notice of Apparent Liability for Forfeiture of Western PCS BTA 1 Corp.

5/7/1999
ORDER (FCC 99-90)
Auction 11
Notice of Apparent Liability for Forfeiture of U S West Communications, Inc. Licensee of Certain Authorizations in the Personal Communications Service
The NAL found U S West, a participant in the Commission's Broadband Personal Communications Services D, E, and F block auction, apparently liable for a forfeiture in the total amount of $1,200,000.
Consent Decree: pdf - text - WordPerfect

8/28/1998
Memorandum Opinion and Order (FCC 98-203)
Application of Mercury PCS II, LLC

3/16/1998
NOTICE OF APPARENT LIABILITY (FCC 98-42)
Auction 11
Application of Western PCS BTA I Corporation
This Notice of Apparent Liability for Forfeiture in the amount of $1,200,00.00 holds that Western PCS BTA I Corporation apparently violated the Commission's rules by discussing bidding strategy with a competing auction participant for the Olympia Washington market in the Commission's Broadband Personal Communications Services (PCS) D, E and F block auction and failed to timely notify the Commission.

3/16/1998
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (FCC 98-41)
Auction 11
Application of US WEST Communications, Inc.
This Notice of Apparent Liability for Forfeiture in the amount of $1,200,00.00 holds that US West apparently violated the Commission's rules by discussing bidding strategy with a competing auction participant for the Olympia Washington market in the Commission's Broadband Personal Communications Services (PCS) D, E and F block auction and failed to timely notify the Commission.

12/31/1997
THIRD REPORT AND ORDER AND SECOND FURTHER NOTICE OF PROPOSED RULE MAKING (FCC 97-413)
Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures
This Third Report and Order and Second Further Notice of Proposed Rule Making adopts streamlined general competitive bidding rules for all future auctions.

10/28/1997
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (FCC 97-388)
Auction 11
Applications of: Mercury PCS II, LLC
Notice of Apparent Liability for Forfeiture This Notice of Apparent Liability for Forfeiture finds that Mercury PCS II, LLC apparently violated Section 1.2105(c) by placing trailing numbers at the end of its bids that disclosed its bidding strategy in a reflexive manner that specifically invited collusive behavior.

10/21/1996
Memorandum Opinion and Order (FCC 96-400)
Commercial Realty St. Pete, Inc.

2/16/1995
Notice of Apparent Liability for Forfeiture (FCC 95-58)
Commercial Realty St. Pete, Inc.

11/17/1994
Memorandum Opinion and Order (FCC 94-295)
Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Memorandum Opinion and Order, PP Docket No. 93-253, 9 FCC Rcd 7684, 7687-7689 ¶¶ 8-12

10/19/1994
FOURTH MEMORANDUM OPINION AND ORDER (FCC 94-264)
Auction 4, 5, 10, 11, 16
Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, 9 FCC Rcd 6858, 6866-6869 ¶¶ 47-60
This Fourth Memorandum Opinion and Order resolves petitions for reconsideration or clarification of our rules governing the methodology and procedure for auctions to provide personal communications services in the 2 GHz band (called "broadband PCS").

8/15/1994
SECOND MEMORANDUM OPINION AND ORDER (FCC 94-215)
Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, 9 FCC Rcd 7245, 7253-7254, ¶¶ 48-53
Entire Order (2.85 MB): pdf
Pages 1-25: pdf

7/15/1994
FIFTH REPORT AND ORDER (FCC 94-178)
Auction 4, 5, 10, 11, 16
Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, 9 FCC Rcd 5532, 5570-5571, ¶¶ 91-92
This Fifth Report and Order sets forth the specific auction procedures for broadband PCS licenses.

4/20/1994
SECOND REPORT AND ORDER (FCC 94-61)
Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, 9 FCC Rcd 2348, 2386-2388, Pages 86-89, ¶¶ 221-226
Entire Order (7.02 MB): pdf
Pages 1-25: pdf
Pages 26-50: pdf
Pages 51-75: pdf
Pages 76-100: pdf
Pages 101-125: pdf
Pages 126-140: pdf

WTB Decisions

6/9/2008
ORDER (DA 08-1364)
Auction 62
In the Matter of Lotus Communications Corporation; The Wireless Telecommunications Bureau dismissed a Petition for Reconsideration filed by Lotus Communications Corporation concerning an apparent violation of the Commission's competitive bidding anti-collusion rule

6/15/1998
MEMORANDUM OPINION AND ORDER (DA 98-1137)
Auction 16
In Re Application of Nevada Wireless for a license to provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A
This Order holds that Nextel has not adequately demonstrated adequate reasons why the FCC should deny Nevada Wireless's application for the SMR license Nevada Wireless won in Auction No. 16 for the Farmington, NM-CO Economic Area, Frequency Band A (EA 1555A).

11/25/1997
MEMORANDUM OPINION AND ORDER (DA 97-2451)
Applications of High Plains Wireless, L.P.
This MO&O denies Mercury's Petition to Deny and grants High Plains' applications.

11/5/1997
MEMORANDUM OPINION AND ORDER ON RECONSIDERATION (DA 97-2324)
Applications of Mercury PCS II, LLC.
This MO&O denies High Plains Wireless' Petition for Partial Reconsideration and grants Mercury's Petition for Reconsideration.

8/21/1997
MEMORANDUM OPINION AND ORDER (DA 97-1782)
Applications of Mercury PCS II, LLC.
This MO&O denies, in part, High Plains' Petition and conditionally grant 23 of Mercury's applications.

4/4/1997
MEMORANDUM OPINION AND ORDER (DA 97-674)
Applications of GWI PCS, Inc.
This Memorandum Opinion and Order grant applications for fourteen Broadband C Block Personal Communication Services (PCS) licenses for which GWI PCS, Inc. (GWI PCS) was the high bidder and dismiss as moot the "Petition to Deny, or Alternatively, Informal Objection" filed jointly by Antigone Communications Limited Partnership and PCS Devco, Inc. against these applications.

11/3/1995
ORDER (DA 95-2292)
Amendment of Parts 21 and 74 of the Commission's Rules with regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service

Public Notices

11/23/2004
PUBLIC NOTICE (DA 04-3677)
Auction 58
WTB Reminder of Anti-Collusion Rule Obligations
WTB reminds prospective Auction No. 58 applicants of the need to comply with the Anti-Collusion Rule, Section 1.2105(c).

9/10/2001
PUBLIC NOTICE (DA 01-2122)
Auction 40
WTB Staff Provides Guidance on Completing the Short-Form Application (FCC Form 175) for Auction No. 40, Auction of Licenses for Lower and Upper Paging Bands
This Public Notice provides guidance on completing the short-form application, FCC Form 175, for Auction No. 40.

1/9/1998
PUBLIC NOTICE (DA 98-37)
Auction 17
Wireless Telecommunications Bureau Responds to Questions About the Local Multipoint Distribution Service Auction
This Public Notice provides guidance on a range of issues involving the rules for the LMDS auction.
Attachment A: pdf - text - WordPerfect

8/28/1996
PUBLIC NOTICE (DA 96-1460)
Auction 11
Wireless Telecommunications Bureau Provides Guidance on the Anti-Collusion Rule for D, E, and F Block Bidders
This Public Notice provides guidance on business negotiations between current broadband PCS licenses and auction winners and eligible participants in the ongoing broadband PCS D, E, and F block auction.

6/10/1996
PUBLIC NOTICE (DA 96-929)
Auction 10
FCC Staff Clarifies Application of Anti-Collusion Rule to Broadband PCS "C" Block Reauction
This Public Notice responds to numerous inquiries concerning the applicability of the Commission's anti-collusion rule to the simultaneous multiple round reauction of 18 Broadband Personal Communications Services (PCS) "C Block" licenses, which is scheduled to begin on July 3, 1996.

10/26/1995
PUBLIC NOTICE (DA 95-2244)
Auction 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 16
Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules
This Public Notice provides guidance regarding the Commission's anti-collusion rules, is meant to serve as a guideline for all auctions.

Letters from the Office of General Counsel, the WTB and the Media Bureau

1/26/2006
LETTER (DA 06-157)
Auction 62
Letter to John Cooper, Aurora Communications, Inc.
Found an apparent violation of anti-collusion rule.

1/26/2006
LETTER (DA 06-156)
Auction 62
Letter to Howard A. Kalmenson, Lotus Communications Corporation
Found an apparent violation of anti-collusion rule.

9/13/2005
LETTER (DA 05-2445)
Auction 81
Letter to Colby M. May on Behalf of TCCSA, Inc., d/b/a Trinity Broadcasting Network
This letter informs TCCSA, Inc., that based on its short-form application to participate in Auction No. 81, it appears to be in violation of the anti-collusion rule.

12/26/2000
LETTER (DA 00-2905)
Auction 35
Letter to Robert Pettit, on behalf of Noverr Publishing Inc.
This letter clarifies the Commission's anti-collusion rule with respect to auction applicants that failed to submit upfront payments and, therefore, never became qualified to bid.

9/14/1998
LETTER (DA 98-1861)
Auction 18
Letter to John Reardon, Esquire, Secretary to the Board of Directors and General Counsel, Mobex Communications, Inc.
The letter denies Mobex Communications, Inc.'s request to treat its short-form application for the 220 MHz auction as if it were withdrawn prior to August 17, 1998.

4/6/1998
LETTER (DA 98-644)
Letter to Elliott J. Greenwald from Christopher J. Wright, General Counsel

9/17/1996
LETTER (DA 96-1566)
Letter to David L. Nace from Kathleen O'Brien Ham, Chief, Auctions Division, WTB

4/16/1996
LETTER (DA 96-587)
Letter to Mark Grady from Kathleen O'Brien Ham, Chief, Auctions Division, WTB

11/28/1995
LETTER (DA 95-2404)
Letter to Jonathan D. Blake and Robert J. Rini from Kathleen O'Brien Ham, Chief, Auctions Division, WTB

12/14/1994
LETTER
Letter to Leonard J. Kennedy from Rosalind K. Allen, Acting Chief, Commercial Radio Division, WTB

12/1/1994
LETTER
Letter to R. Michael Senkowski from Rosalind K. Allen, Acting Chief, Commercial Radio Division, WTB

10/25/1994
LETTER
Letter to Alan F. Ciamporcero from William E. Kennard, General Counsel

10/25/1994
LETTER
Letter to Gary M. Epstein and James H. Barker from William E. Kennard, General Counsel

Enforcement Bureau Decisions

2/28/2014
ORDER (DA 14-220)
Auction 91
Cherokee Broadcasting Company
Adopts a Consent Decree and terminates the Bureau's investigation into possible violations by Cherokee Broadcasting Company of Section 1.2105(c) of the Commission's rules relating to prohibited contacts and communications in Commission auctions.

5/14/2013
ORDER and CONSENT DECREE (DA 13-683)
Auction 79
Deborah Salazar Consent Decree
Adopts a consent decree and terminates an investigation into possible violations of section 1.2105(c) of the Commission's rules, relating to prohibited contacts and communications and the non-disclosure of such contacts and communications in an auction.

5/14/2013
ORDER and CONSENT DECREE (DA 13-684)
Auction 79
1 Ugly Enterprise, LLC Consent Decree
Adopts a consent decree and terminates an investigation into possible violations of section 1.2105(c) of the Commission's rules, relating to prohibited contacts and communications and the non-disclosure of such contacts and communications in an auction.

10/14/2010
ORDER and CONSENT DECREE (DA 10-1876)
Auction 73
Puerto Rico Telephone Company, Inc. and América Móvil, S.A.B. de C.V Consent Decree
Adopts a consent decree and terminates an investigation into possible violations of section 1.2105(c) of the Commission’s rules, relating to prohibited contacts and communications and the non-disclosure of such contacts and communications in an auction.
Order:: pdf - Word
Consent Decree:: pdf - Word

2/10/2009
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 09-207)
Auction 73
Cascade Access, LLC; Notice of Apparent Liability for Forfeiture
Notice of apparent liability for forfeiture in the amount of $75,000 for engaging in a prohibited communication and failure to notify the Commission in violation of Sections 1.2105(c)(1) and (c)(6).

10/14/2008
ORDER and CONSENT DECREE (DA 08-2250)
Auction 70
GAP Broadcasting, LLC Consent Decree
Adopts a consent decree and terminates an investigation into possible violations of section 1.2105(c) of the Commission’s rules, relating to prohibited contacts and communications and the non-disclosure of such contacts and communications in an auction.

9/22/2004
Forfeiture Order (DA 04-3027)
Application of Northeast Communications of Wisconsin, Inc.
Issued a forfeiture in the amount of $100,000 to Northeast Communications of Wisconsin, Inc. for engaging in collusive conduct during a Commission-conducted auction in 2002.

9/22/2004
Forfeiture Order (DA 04-3026)
Application of Star Wireless, LLC.
Issued forfeiture in the amount of $100,000 to Star Wireless, LLC. for engaging in collusive conduct during a Commission-conducted auction in 2002.

8/27/2003
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2723)
Auction 44
Northeast Communications of Wisconsin, Inc. for C Block Facilities in the 710-716 and 740-746 MHz Bands
Issued Notice of Apparent Liability for Forfeiture in the amount of $100,000 to Northeast Communications of Wisconsin, Inc. for violating Section 1.2105(c) of the Commission's Rules during the auction with Northeast Communication of Wisconsin, Inc. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF.
Attachment C: pdf
Attachment D: pdf

8/27/2003
NOTICE OF APPARENT LIABILITY FOR FORFEITURE (DA 03-2722)
Auction 44
Star Wireless, LLC for C Block Facilities in the 710-716 and 740-746 MHz Bands
Liability for Forfeiture in the amount of $100,000 to Star Wireless, LLC for violating Section 1.2105(c) of the Commission's Rules during the auction with Star Wireless, LLC.. Action by: Chief, Enforcement Bureau. Adopted: 08/26/2003 by NALF.
Attachment C: pdf
Attachment D: pdf

Civil Actions Initiated by U.S. Department of Justice

6/25/2008
DECISION AND ORDER
USA v. Northeast Communications of Wisconsin, Inc., No. 07-C-715, slip op. (E.D.Wis. June 25, 2008)

11/25/1998
PUBLIC NOTICE
U.S. v. Omnipoint Corp., Proposed Final Judgments and Competitive Impact Statements, Department of Justice, 63 Federal Register 65,228

11/10/1998
News Release
Justice Department Sues Three Firms Over FCC Auction Practices, U.S. Department of Justice

11/10/1998
Complaint
U.S. v. Omnipoint Corp., Civil Action No. 1:98CV02750 (D.D.C. November 10, 1998)

11/10/1998
Complaint
U.S. v. Mercury PCS II, L.L.C., Civil Action No. 1:98CV02751 (D.D.C. November 10, 1998)

11/10/1998
Complaint
U.S. v. 21st Century Bidding Corp., Civil Action No. 1:98CV02752 (D.D.C. November 10, 1998)


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