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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations submitted on the winning bidders FCC
Form 175 application. A winning bidder must review the pre-filled information and confirm that it is complete and accurate as of the filing date of the FCC
Form 601 post-auction application before certifying and submitting the FCC
Form 602. Further instructions will be provided to winning bidders in the auction closing public notice.

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E. Tribal Lands Bidding Credit 246. A winning bidder that intends to use its licenses to deploy facilities and provide services to federally recognized tribal lands that have a wireline penetration rate equal to or below 85%
is eligible to receive a tribal lands bidding credit as set forth in sections 1.2107e and 1.2110f3 of the Commissions rules. A tribal lands bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify.
247. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal lands bidding credit after the auction when it files its FCC Form 601 postauction application. When initially filing the post-auction application, the winning bidder will be required to inform the Commission whether it intends to seek a tribal lands bidding credit, for each license won in the auction, by checking the designated boxes. After stating its intent to seek a tribal lands bidding credit, the winning bidder will have 180 days from the close of the post-auction application filing window to amend its application to select the specific tribal lands to be served and provide the required tribal government certifications. Licensees receiving a tribal lands bidding credit are subject to performance criteria as set forth in section 1.2110f3vii. For additional information on the tribal lands bidding credit, including how the amount of the credit is calculated, applicants should review the Commissions rulemaking proceeding regarding tribal lands bidding credits and related public notices.
F. Default and Disqualification 248. Any winning bidder that defaults or is disqualified after the close of an auction i.e., fails to remit the required down payment by the specified deadline, fails to submit a timely longform application, fails to make a full and timely final payment, or is otherwise disqualified is liable for default payments as described in section 1.2104g2. A default payment consists of a deficiency payment, equal to the difference between the amount of the bidders winning bid and the amount of
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the winning bid the next time a license covering the same spectrum is won in an auction, plus an additional payment equal to a percentage of the defaulters bid or of the subsequent winning bid, whichever is less.
249. The percentage of the applicable bid to be assessed as an additional payment for defaults in a particular auction is established in advance of the auction. OEA and WTB adopt the Commissions proposal to set the additional default payment for Auction 110 at 15% of the applicable bid for winning bids. The bidding system will calculate individual per-license prices that are separate from final auction payments, which are calculated on an aggregate basis.
250. Finally, in the event of a default, the Commission has the discretion to reauction the license or offer it to the next highest bidder in descending order at its final bid amount. In addition, if a default or disqualification involves gross misconduct, misrepresentation, or bad faith by an applicant, then the Commission may declare the applicant and its principals ineligible to bid in future auctions and may take any other action that it deems necessary, including institution of proceedings to revoke any existing authorizations held by the applicant.
G. Refund of Remaining Upfront Payment Balance 251. All refunds of upfront payment balances will be returned to the payer of record as identified on the FCC Form 159 unless the payer submits written authorization instructing otherwise.
Bidders are encouraged to use the Refund Information icon found on the Auction Application Manager page or the Refund Form link available on the Auction Application Submit Confirmation page in the FCC Auction Application System to access the form.
After the required information is completed on the blank form, the form should be printed, signed, and submitted to the Commission by mail, fax, or email as instructed below.
252. If you have elected not to access the Refund Form through the Auction Application Manager page, the Commission is requesting that all information listed below be supplied in writing.
Name, address, contact and phone number of Bank, ABA Number capable to accept ACH payments, Account Number to Credit, Name of Account Holder, FCC Registration Number FRN.
The refund request must be submitted by fax to the Revenue & Receivables Operations Group/Auctions at 202

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4182843, by email to RROGWIREFAXES@fcc.gov.
Note: Refund processing generally takes up to two weeks to complete. Bidders with questions about refunds should contact Scott Radcliffe at 202 4187518 or Theresa Meeks at 202 4182945.

VI. Procedural Matters 253. Supplemental Final Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980, as amended RFA, 5 U.S.C. 603, a Supplemental Initial Regulatory Flexibility Analysis Supplemental IRFA was incorporated in the Auction 110 Comment Public Notice released in March 2021. The Commission sought public comment on the proposals in the Auction 110 Comment Public Notice, including comments on the Supplemental IRFA. The Rural Wireless Association, Inc. RWA filed comments specifically addressing the Supplemental IRFA, and OEA and WTB
address those comments in the Supplemental FRFA in the Auction 110
Procedures Public Notice. The Auction 110 Procedures Public Notice establishes the procedures to be used for Auction 110 and supplements the Initial and Final Regulatory Flexibility Analyses completed by the Commission in the 3.13.55 GHz Report and Order R&O and Further Notice of Proposed Rulemaking FNPRM, 85 FR 64062, October 2, 2020, and 85 FR 66888, October 21, 2020, 3.45 GHz Second Report and Order, 86 FR 17920, April 7, 2021, 3.45 GHz Second Report and Order, and other Commission orders pursuant to which Auction 110 will be conducted. This present Supplemental Final Regulatory Flexibility Analysis Supplemental FRFA conforms to the RFA.
254. Need for, and Objectives of, the Rules. The Auction 110 Procedures Public Notice implements auction procedures for those entities that seek to bid to acquire licenses in Auction 110.
Auction 110 will be the Commissions third auction of mid-band spectrum in furtherance of the deployment of fifthgeneration 5G wireless, the Internet of Things IoT, and other advanced spectrum-based services. The Auction 110 Procedures Public Notice adopts procedural rules and terms and conditions governing Auction 110, and the post-auction application and payment processes, as well as sets the minimum opening bid amounts for flexible-use licenses in the 3.453.55
GHz band 3.45 GHz Service that will be offered in Auction 110.
255. To promote the efficient and fair administration of the competitive
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