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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations procedures and with the requirements for obtaining a license and operating facilities in the 3.453.55 GHz band. If an Auction 110 applicant fails to make the required certifications in its FCC
Form 175 by the filing deadline, then its application will be deemed unacceptable for filing and cannot be corrected after the filing deadline.
17. An applicant should note that submitting an FCC Form 175 and any amendments thereto constitutes a representation by the certifying official that he or she is an authorized representative of the applicant with authority to bind the applicant, that he or she has read the forms instructions and certifications, and that the contents of the application, its certifications, and any attachments are true and correct.
Submitting a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution.
18. Applicants are cautioned that, because the required information submitted in FCC Form 175 bears on each applicants qualifications, requests for confidential treatment will not be routinely granted. The Commission generally has held that it may publicly release confidential business information where the party has put that information at issue in a Commission proceeding or where the Commission has identified a compelling public interest in disclosing the information. In this regard, the Commission specifically has held that information submitted in support of receiving bidding credits in auction proceedings should be made available to the public.
19. An applicant must designate between one and three individuals as authorized bidders in its FCC Form 175.
The Commissions rules prohibit an individual from serving as an authorized bidder for more than one auction applicant.
20. No individual or entity may file more than one short-form application or have a controlling interest in more than one short-form application. If a party submits multiple short-form applications for an auction, then only one application may form the basis for that party to become qualified to bid in that auction.
21. Similarly, and consistent with the Commissions general prohibition on joint bidding agreements, a party generally is permitted to participate in a Commission auction only through a single bidding entity. Accordingly, the filing of applications in Auction 110 by multiple entities controlled by the same individual or set of individuals
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generally will not be permitted. This restriction applies across all applications, without regard to the geographic areas selected. The Commission adopted a limited exception to the general prohibition on the filing of multiple applications by commonly controlled entities for qualified rural wireless partnerships and individual members of such partnerships. 47 CFR 1.2105a3.
Under this limited exception, each qualifying rural wireless partnership and its individual members will be permitted to participate separately in an auction. As noted by the Commission in adopting the prohibition on applications by commonly controlled entities, this rule, in conjunction with the prohibition against joint bidding agreements, protects the competitiveness of the Commissions auctions.
22. After the initial short-form application filing deadline, Commission staff will review all timely submitted applications for Auction 110 to determine whether each application complies with the application requirements and whether the applicant has provided all required information concerning its qualifications for bidding. After this review is completed, a public notice will be released announcing the status of applications and identifying the applications that are complete and those that are incomplete because of minor defects that may be corrected. That public notice also will establish an application resubmission filing window, during which an applicant may make permissible minor modifications to its application to address identified deficiencies. The public notice will include the deadline for resubmitting modified applications.
To become a qualified bidder, an applicant must have a complete application i.e., have timely filed an application that is deemed complete after the deadline for correcting any identified deficiencies, and must make a timely and sufficient upfront payment.
Qualified bidders will be identified by public notice at least 10 days prior to the mock auction.
23. The Auction 110 Procedures Public Notice outlines below additional details regarding certain information required to be submitted in the FCC
Form 175. An applicant should consult the Commissions rules to ensure that, in addition to the materials described below, all required information is included in its short-form application.
To the extent the information in the Auction 110 Procedures Public Notice does not address a potential applicants specific operating structure, or if the
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applicant needs additional information or guidance concerning the described disclosure requirements, the applicant should review the educational materials for Auction 110 see the Education section of the Auction 110 website at www.fcc.gov/auction/110 and/or use the contact information provided in the Auction 110 Procedures Public Notice to consult with Commission staff to better understand the information it must submit in its short-form application.
B. License Area Selection 24. An applicant must select all of the license areas on which it may want to bid from the list of available PEAs on its FCC Form 175. An applicant must carefully review and verify its PEA
selections before the FCC Form 175
filing deadline because those selections cannot be changed after the auction application filing deadline. An applicant is not required to place bids on any or all of the license areas selected, but the FCC Auction Bidding System bidding system will not accept bids for blocks located in PEAs that the applicant did not select in its FCC Form 175. The auction application system, however, will provide an applicant the option to select all 406 available PEAs at one time using an all PEAs feature.
C. Disclosure of Agreements and Bidding Arrangements 25. An applicant must provide in its FCC Form 175 a brief description of, and identify each party to, any partnerships, joint ventures, consortia or agreements, arrangements, or understandings of any kind relating to the licenses being auctioned, including any agreements that address or communicate directly or indirectly bids including specific prices, bidding strategies including the specific licenses on which to bid or not to bid, or the post-auction market structure, to which the applicant, or any party that controls or is controlled by the applicant, is a party. In connection with the agreement disclosure requirement, the applicant must certify under penalty of perjury in its FCC Form 175 that it has described, and identified each party to, any such agreements, arrangements, or understandings to which it or any party that controls it or that controls is a party. As discussed below, an applicant may continue negotiating, discussing, or communicating with respect to a new agreement after the FCC Form 175 filing deadline, provided that the communications involved do not relate both to the licenses being auctioned and to bids or bidding strategies or post-auction market structure. If, after the FCC Form 175

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