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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
window and the opening of the application resubmission filing window, and between the closing of the resubmission filing window and the release of the public notice announcing the qualified bidders for an auction.
During these periods, an applicant will be able to view its submitted application, but will be permitted to modify only the applicants address, responsible party address, and contact information e.g., name, address, telephone number, etc. in the Auction Application System. An applicant will not be able to modify any other pages of the FCC Form 175 in the Auction Application System during these periods. If, during these periods, an applicant needs to make other permissible minor changes to its FCC
Form 175, or changes to maintain the accuracy and completeness of its application pursuant to sections 1.65
and 1.2105b4, then the applicant must submit a letter briefly summarizing the changes to its FCC
Form 175 via email to auction110@
fcc.gov. The email summarizing the changes must include a subject line referring to Auction 110 and the name of the applicant, for example, Re:
Changes to Auction 110 Auction Application of XYZ Corp. Any attachments to the email must be formatted as Adobe Acrobat PDF or Microsoft Word documents. An applicant that submits its changes in this manner must subsequently modify, certify, and submit its FCC Form 175
applications electronically in the Auction Application System once it is again open and available to applicants.
100. Applicants should also note that even at times when the Auction Application System is open and available to applicants, the system will not allow an applicant to make certain other permissible changes itself e.g., correcting a misstatement of the applicants legal classification, name, or certifying official. If an applicant needs to make a permissible minor change of this nature, then it must submit a written request by email to the Auctions Division Chief, via auction110@fcc.gov requesting that the Commission manually make the change on the applicants behalf. Once Commission staff has informed the applicant that the change has been made in the Auction Application System, the applicant must then re-certify and re-submit its FCC
Form 175 in the Auction Application System to confirm and effect the changes.
101. As with filing the FCC Form 175, any amendments to the application and related statements of fact must be certified by an authorized representative
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of the applicant with authority to bind the applicant. Applicants should note that submission of any such amendment or related statement of fact constitutes a representation by the person certifying that he or she is an authorized representative with such authority and that the contents of the amendment or statement of fact are true and correct.
102. Applicants must not submit application-specific material through the Commissions Electronic Comment Filing System. Further, as discussed above, parties submitting information related to their applications should use caution to ensure that their submissions do not contain confidential information or communicate information that would violate section 1.2105c or the limited information procedures adopted for Auction 110. An applicant seeking to submit, outside of the Auction Application System, information that might reflect non-public information, such as an applicants PEA selections, upfront payment amount, or bidding eligibility, should consider including in its email a request that the filing or portions of the filing be withheld from public inspection until the end of the prohibition on certain communications pursuant to section 1.2105c.
103. Questions about FCC Form 175
amendments should be directed to the Auctions Division at 202 4180660.
III. Preparing for Bidding in Auction 110
A. Due Diligence 104. OEA and WTB remind each potential bidder that it is solely responsible for investigating and evaluating all technical and marketplace factors that may have a bearing on the value of the licenses that it is seeking in Auction 110 and that it is required to certify, under penalty of perjury, that it has read the Auction 110 Procedures Public Notice and has familiarized itself with the auction procedures and the service rules for the 3.453.55 GHz band. The Commission makes no representations or warranties about the use of this spectrum or these licenses for particular services. Each applicant should be aware that a Commission auction represents an opportunity to become a Commission licensee, subject to certain conditions and regulations.
This includes the established authority of the Commission to alter the terms of existing licenses by rulemaking, which is equally applicable to licenses awarded by auction. A Commission auction does not constitute an endorsement by the Commission of any particular service, technology, or product, nor does a Commission license
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constitute a guarantee of business success.
105. An applicant should perform its due diligence research and analysis before proceeding, as it would with any new business venture. In particular, OEA and WTB encourage each potential bidder to perform technical analyses and/or refresh its previous analyses to assure itself that, should it become a winning bidder for any Auction 110
license, it will be able to build and operate facilities that will fully comply with all applicable technical and legal requirements. OEA and WTB urge each applicant to inspect any prospective sites for communications facilities located in, or near, the geographic area for which it plans to bid, confirm the availability of such sites, and to familiarize itself with the Commissions rules regarding the National Environmental Policy Act NEPA, the National Historic Preservation Act NHPA, and other environmental statutes.
106. OEA and WTB also encourage each applicant in Auction 110 to continue to conduct its own research throughout the auction in order to determine the existence of pending or future administrative or judicial proceedings that might affect its decision on continued participation in the auction. Lockheed Martin Corporation has filed a request for waiver of certain Commission rules that is currently pending before the Commission. Additionally, three Petitions for Reconsideration of the 3.45
GHz Second Report and Order are currently pending before the Commission. If the Commission acts on any of these pending matters prior to the auction, we will provide updated information for potential bidders as necessary. Each applicant is responsible for assessing the likelihood of the various possible outcomes and for considering the potential impact on licenses available in an auction. The due diligence considerations mentioned in the Auction 110 Procedures Public Notice do not constitute an exhaustive list of steps that should be undertaken prior to participating in Auction 110. As always, the burden is on the potential bidder to determine how much research to undertake, depending upon the specific facts and circumstances related to its interests. For example, applicants should pay particular attention to the framework adopted in the 3.45 GHz Second Report and Order that requires new flexible-use licensees to reimburse secondary, non-federal radiolocation operators for the relocation costs associated with their transitions into the 2.93.0 GHz band and cooperative
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