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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
D. Calculating Individual Per-License Prices 233. While final auction payments for winning bidders will be calculated with bidding credit caps and assignment payments applied on an aggregate basis, rather than to individual licenses, the bidding system will also calculate a per-license price for each license.
Such individual prices may be needed if a licensee later incurs license-specific obligations, such as unjust enrichment payments.
234. After the assignment phase, the auction bidding system will determine a net and gross post-auction price for each license that a bidder won by apportioning assignment payments and bidding credit discounts only applicable for the net price across all the bidders licenses. To calculate the gross per-license price, the auction bidding system will apportion the assignment payment to licenses in proportion to the final clock phase price of the blocks that the bidder is assigned in that assignment category and PEA or PEA group. Mathematical details of these procedures, including how the system apportions the assignment payment for an assignment that is contiguous across the two categories, are given in the Auction 110 Assignment Phase Technical Guide. To calculate the net price, the auction bidding system will first apportion any applicable bidding credit discounts to each PEA or PEA group in proportion to the gross payment for that market. Then, for each PEA or PEA group, the auction bidding system will apportion the assignment payment and the discount to licenses in proportion to the final clock phase price of the blocks that the bidder is assigned in that assignment category for that PEA
or PEA group.

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E. Auction Results 235. The bidding system will determine winning bidders as described in Section IV.A.9 Winning Bids in the Clock Phase, above. After release of the public notice announcing auction results, the public will be able to view and download bidding and results data through the FCC Public Reporting System PRS.
F. Auction Announcements 236. Commission staff will use auction announcements to report necessary information, such as schedule changes, to bidders. All auction announcements will be available by clicking a link in the bidding system.
V. Post-Auction Procedures 237. The public notice announcing the close of the bidding and auction
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results will be released shortly after bidding has ended in Auction 110. This public notice will also establish the deadlines for submitting down payments, final payments, and the longform applications FCC Form 601 for the auction.
A. Down Payments 238. The Commissions rules provide that, unless otherwise specified by public notice, within ten business days after the release of the auction closing public notice for Auction 110, each winning bidder must submit sufficient funds in addition to its upfront payment to bring its total amount of money on deposit with the Commission to 20% of the net amount of its winning bids less any bidding credits, if applicable. Because it is not possible to know when bidding in Auction 110 will end, and thus whether post-auction payments will be due in late 2021 or early 2022, some commenters request that OEA and WTB announce before the bidding begins that down payments will be due in early 2022. Commission staff have previously recognized that uncertainties regarding the year in which down payments will be due could affect potential applicants from a capital planning perspective, and that this could in turn affect auction participation. Acknowledging that such uncertainties may be presented under the current schedule for Auction 110, OEA and WTB exercise their discretion under the Commissions rules to set the down payment deadline for Auction 110
to be the later of January 7, 2022, or ten business days after release of the auction closing public notice.
B. Final Payments 239. Each winning bidder will be required to submit the balance of the net amount for each of its winning bids within 10 business days after the deadline for submitting down payments.
C. Long-Form Application FCC Form 601
240. The Commissions rules provide that, within 10 business days after release of the auction closing public notice, winning bidders must electronically submit a properly completed post-auction application FCC Form 601, including the necessary filing fee of $3,175, for the licenses they won through the auction.
The filing fee will be required only if the recently amended section 1.1102 of the Commissions rules is in effect by the post-auction application deadline.
241. A winning bidder claiming eligibility for a small business bidding credit or a rural service provider
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bidding credit must demonstrate its eligibility for the bidding credit sought in its FCC Form 601 post-auction application. Further instructions on these and other filing requirements will be provided to winning bidders in the auction closing public notice for Auction 110.
242. Winning bidders organized as bidding consortia must comply with the FCC Form 601 post-auction application procedures set forth in section 1.2107g of the Commissions rules. Specifically, licenses won by a consortium must be applied for as follows: a An individual member of the consortium or a new legal entity comprising two or more individual consortium members must file for licenses covered by the winning bids; b each member or group of members of a winning consortium seeking separate licenses will be required to file a separate FCC Form 601
for its/their respective licenses in their legal business name; c in the case of a license to be partitioned or disaggregated, the member or group filing the applicable FCC Form 601 shall include the parties partitioning or disaggregation agreement with the FCC
Form 601; and d if a DE credit is sought either small business or rural service provider, the applicant must meet the applicable eligibility requirements in the Commissions rules for the credit.
D. Ownership Disclosure Information Report FCC Form 602
243. Within 10 business days after release of the auction closing public notice for Auction 110, each winning bidder must also comply with the ownership reporting requirements in sections 1.913, 1.919, and 1.2112 of the Commissions rules by submitting an ownership disclosure information report for wireless telecommunications services FCC Form 602 with its FCC
Form 601 post-auction application.
244. If a winning bidder already has a complete and accurate FCC Form 602
on file in the FCCs Universal Licensing System ULS, then it is not necessary to file a new report, but the winning bidder must certify in its FCC Form 601
application that the information on file with the Commission is complete and accurate. If the winning bidder does not have an FCC Form 602 on file, or if the form on file is not complete and accurate, then the winning bidder must submit a new one.
245. When a winning bidder submits an FCC Form 175, ULS automatically creates an ownership record. This record is not an FCC Form 602, but it may be used to pre-fill the FCC Form 602 with the ownership information
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