• FCC Revises Upfront Payments in the BRS BTA Auction
  • July 22, 2009 | Authors: Jennifer L. Richter; Jennifer A. Cetta; Carly T. Didden; Nancy A. Murray
  • Law Firm: Patton Boggs LLP - Washington Office
  • The FCC released its BRS BTA Auction Public Notice (Auction No. 86) outlining auction procedures for Auction No. 86 that is set to begin on October 27, 2009. There are pre-existing BRS site-based incumbent licenses in most of the spectrum offered in Auction No. 86. Spectrum won in this auction will not include the geographic service areas of any co-channel incumbent site-based licenses. As a result of the incumbency issue, the FCC revised certain upfront payments of the licenses available at auction. In some cases, the FCC lowered the upfront payment. For example, the FCC lowered the upfront payment of the Harrisonburg, VA BTA from $116,000 to $29,000. But in many cases, the FCC raised the upfront payment. The FCC raised the Harrison, AR BTA upfront payment from $71,000 to $88,000 and the Beckley, WV BTA upfront payment from $128,000 to $160,000. A complete list of the revised upfront payments is attached to the FCC’s Public Notice.

    To ensure the auction is competitive, auction applicants for licenses in any of the same geographic license areas are prohibited from communicating with each other about bids, bidding strategies, or settlements unless such applicants have identified each other on their short-form applications as parties with whom they have entered into bidding agreements.

    The FCC plans to hold a seminar on auction procedures on August 5, 2009. Short-form applications are due August 18, 2009 by 5:59 PM ET. Upfront payments are due September 24, 2009.