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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations was cured upon resolution of the proceeding. With respect to the first exclusion, notice to a debtor may include notice of a final payment deadline or notice of delinquency and may be express or implied depending on the origin of any Federal non-tax debt giving rise to a default or delinquency. Additionally, for the third exclusion, the date of receipt of the notice of a final default deadline or delinquency by the intended party or debtor will be used for purposes of verifying receipt of notice.
91. In addition to the Auction 110
Procedures Public Notice, applicants are encouraged to review previous guidance on default and delinquency disclosure requirements in the context of the auction short-form application process.
Parties are also encouraged to consult with Auctions Division staff if they have any questions about default and delinquency disclosure requirements.
92. The Commission considers outstanding debts owed to the United States Government, in any amount, to be a serious matter. The Commission has previously adopted rules, including a provision referred to as the red light rule, that implement its obligations under the Debt Collection Improvement Act of 1996, which governs the collection of debts owed to the United States. Under the red light rule, applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission will not be processed.
When adopting that rule, the Commission explicitly declared, however, that its competitive bidding rules are not affected by the red-light rule. As a consequence, the Commissions adoption of the red light rule does not alter the applicability of any of its competitive bidding rules, including the provisions and certifications of sections 1.2105 and 1.2106, with regard to current and former defaults or delinquencies.
93. OEA and WTB remind each applicant, however, that any indication in the Commissions Red Light Display System, which provides information regarding debts currently owed to the Commission, may not be determinative of an auction applicants ability to comply with the default and delinquency disclosure requirements of section 1.2105. Thus, while the red light rule ultimately may prevent the processing of long-form applications by auction winners, an auction applicants lack of current red light status is not necessarily determinative of its eligibility to participate in an auction or whether it may be subject to an increased upfront payment obligation.

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Moreover, a prospective applicant in Auction 110 should note that any longform applications filed after the close of bidding will be reviewed for compliance with the Commissions red light rule, and such review may result in the dismissal of a winning bidders longform application. OEA and WTB
encourage each applicant to carefully review all records and other available Federal agency databases and information sources to determine whether the applicant, or any of its affiliates, or any of its controlling interests, or any of the affiliates of its controlling interests, owes or was ever delinquent in the payment of non-tax debt owed to any Federal agency.
J. Optional Applicant Status Identification 94. Applicants owned by members of minority groups and/or women, as defined in section 1.2110c3, and rural telephone companies, as defined in section 1.2110c4, may identify themselves regarding this status in filling out their FCC Form 175
applications. This applicant status information is collected for statistical purposes only and assists the Commission in monitoring the participation of various groups in its auctions.
K. Modifications to FCC Form 175
1. Only Minor Modifications Allowed 95. After the initial FCC Form 175
filing deadline, an Auction 110
applicant will be permitted to make only minor changes to its application consistent with the Commissions rules.
Examples of minor changes include the deletion or addition of authorized bidders to a maximum of three and the revision of addresses and telephone numbers of the applicant, its responsible party, and its contact person. Major modification to an FCC
Form 175 e.g., change of PEA selection, certain changes in ownership that would constitute an assignment or transfer of control of the applicant, change in the required certifications, change in applicants legal classification that results in a change in control, or change in claimed eligibility for a higher percentage of bidding credit will not be permitted after the initial FCC Form 175
filing deadline. If an amendment reporting changes is a major amendment, as described in section 1.2105b2, the major amendment will not be accepted and may result in the dismissal of the application.

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2. Duty To Maintain Accuracy and Completeness of FCC Form 175
96. Pursuant to section 1.65 of the Commissions rules, each applicant has a continuing obligation to maintain the accuracy and completeness of information furnished in a pending application, including a pending application to participate in Auction 110. Consistent with the requirements for spectrum auctions, an applicant for Auction 110 must furnish additional or corrected information to the Commission within five business days after a significant occurrence, or amend its FCC Form 175 no more than five business days after the applicant becomes aware of the need for the amendment. An applicant is obligated to amend its pending application even if a reported change may result in the dismissal of the application because it is subsequently determined to be a major modification.
3. Modifying an FCC Form 175
97. As noted above, a party seeking to participate in Auction 110 must file an FCC Form 175 electronically via the FCCs Auction Application System.
During the initial filing window, an applicant will be able to make any necessary modifications to its FCC Form 175 in the Auction Application System.
An applicant that has certified and submitted its FCC Form 175 before the close of the initial filing window may continue to make modifications as often as necessary until the close of that window; however, the applicant must re-certify and re-submit its FCC Form 175 before the close of the initial filing window to confirm and effect its latest application changes. After each submission, a confirmation page will be displayed stating the submission time and submission date.
98. An applicant will also be allowed to modify its FCC Form 175 in the Auction Application System, except for certain fields, during the resubmission filing window and after the release of the public notice announcing the qualified bidders for an auction. During these times, if an applicant needs to make permissible minor changes to its FCC Form 175 or must make changes in order to maintain the accuracy and completeness of its application pursuant to sections 1.65 and 1.2105b4, then it must make the changes in the Auction Application System and re-certify and re-submit its application to confirm and effect the changes.
99. An applicants ability to modify its FCC Form 175 in the Auction Application System will be limited between the closing of the initial filing
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