In sync with John’s recent comments, here are the list rules in regard to
the 700 MHz Anti-Collusion Rules.  These rules will be enforced on all WISPA
listservs with immediate suspension from the listservs as well as possible
financial liabilities and responsibilities that may be incurred by WISPA as
a result of posting 700 MHz communication to these listservs.  We regret
having to silence everyone on this topic, but the law has been written and
we are obligated to enforce a “Gag Order/Silence Order” with respect to the
upcoming Auction rules and its participants.  We will also need to report
violations to this order to the FCC.


These Rules are Outlined as follows:



·         Applicants for licenses in any of the same geographic license
areas may not discuss with each other bids, bidding strategies or
settlements for any license areas.

·         The anti-collusion prohibition begins on the short-form
application filing deadline and ends with the down payment for the auction.

·         Applies to all applicants, regardless of whether such applicants
become a qualified bidder or actually bid.

·         Applicant is defined to include all officers and directors, all
controlling interests, all holders of partnership and other interests, and
any stock interest amounting to 10 percent or more of the entity, or
outstanding stock, or outstanding voting stock of the entity.

Prohibited Communications (Examples)

·         A communication about an applicant’s own bids or bidding strategy.

·         A communication of another applicant’s bids or bidding strategy.

·         Capital calls or requests for additional funds in support of bids
or bidding strategies to the extent such communications convey information
concerning the bids and bidding strategies directly or indirectly.

·         Public disclosure of information relating to bidder interests and
bidder identities that is confidential in both auctions.

·         Caution should be exercised in disclosing information to the
public, such as members of the press or financial analysts.  An applicant’s
public statement of an intent not to participate in the auction could
violate the anti-collusion rule.


·         The anti-collusion rules do not prohibit applicants from entering
into otherwise lawful bidding agreements prior to the short-form application
filing deadline if they disclose the existence of their agreements on the
short-form application.

Duty to Report Prohibited Communications

·         An applicant who makes or receives a communication that appears to
violate the anti-collusion rule must report such communication in writing to
the Commission immediately, and in no case later than five business days
after the communications occurs.

·         Failure to report may result in enforcement action.



Rick Harnish


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