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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In re Application of                         )
                                   )    File No. EB-02-IH-0768
STAR WIRELESS, LLC                 )    NAL/Acct.             No. 
200332080021
                                   )    FCC   Account   ID    No. 
0441724048
For C Block Facilities in the                )    FRN         No. 
0007043409
710-716 and 740-746 MHz Bands           )    

                        FORFEITURE ORDER 

Adopted:  September 21, 2004            Released:  September  22, 
2004

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this Forfeiture Order, issued pursuant to section 
503 of the Communications Act of 1934, as amended (the ``Act''), 
and section 1.80 of the Commission's rules,1 we find that Star 
Wireless, LLC (``Star'') engaged in collusive conduct during a 
Commission-conducted auction in 2002, in willful and repeated 
violation of section 1.2105(c) of the Commission's rules.2  Based 
on the information before us, we conclude that Star is liable for 
a forfeiture in the amount of One Hundred Thousand Dollars 
($100,000).

                         II.  BACKGROUND

     2.   This matter arises from misconduct by two auction 
applicants, Star and Northeast Communications of Wisconsin 
(``Northeast''), during the Commission's August 27-September 18, 
2002, auction of 740 Lower 700 MHz Band C and D block geographic 
area licenses (``Auction No. 44'').  On August 27, 2003, 
following a comprehensive investigation of possible collusive 
activities between Star and Northeast, the Chief, Enforcement 
Bureau (``Bureau''), issued a Notice of Apparent Liability for 
Forfeiture (``NAL''), proposing a forfeiture in the amount of 
$100,000 against Star.3   The facts that formed the basis for the 
proposed forfeiture are set forth at considerable length in the 
NAL and are specifically incorporated by reference herein.  The 
NAL found that Star and Northeast were both applicants for 734 of 
the same geographic license areas in Auction No. 44 and that, 
during the course of that auction, a representative of Star 
apparently engaged in prohibited communications with his 
counterpart at Northeast about bidding strategy in that auction, 
in apparent willful and repeated violation of section 1.2105(c) 
of the Commission's Rules.  Specifically, the NAL found that Star 
had apparently violated section 1.2105(c) on August 28, 2002, 
when David G. Behenna, Star's authorized bidder and the President 
of PCSGP, Inc.,4 Star's Operating Manager, telephoned Patrick 
Riordan, a shareholder, officer, director of and authorized 
bidder for Northeast,5 to solicit information concerning any 
auction-related markets in which Northeast, which had not made 
the necessary upfront payment and, accordingly, could not bid, 
might have a business interest.  The NAL also found that Star 
apparently violated section 1.2105(c) on August 29, 2002, when 
Mr. Riordan returned Mr. Behenna's telephone call and he and Mr. 
Behenna discussed Northeast's interest in five Wisconsin markets 
identified by Mr. Riordan.
  
     3.   On September 26, 2003, Star filed its response to the 
NAL, requesting rescission or reduction of the proposed 
forfeiture.6  In support of its position that the proposed 
forfeiture should be rescinded, Star argues that it did not 
violate section 1.2105(c) because: Northeast was not an applicant 
in Auction No. 44 when the communications in question took 
place;7 section 1.2105(c) has never been applied to the specific 
facts of this case;8 Star and Northeast never reached any 
agreement as a result of their communications;9 the 
communications at issue are beyond the scope of section 1.2105(c) 
because they were so vague that they could not have compromised 
the auction process;10 section 1.2105(c) was never intended to 
prohibit communications between two entities, only one of which 
is a qualified bidder;11 the proposed forfeiture is inconsistent 
with past applications of section 1.2105(c) and disproportionate 
to other similarly-situated cases;12 and assessment of a 
forfeiture in this instance will have a chilling effect on 
voluntary disclosure of potential violations in the future.13  
Star also argues in the alternative that, if it did violate 
section 1.2105(c), the proposed forfeiture should be 
substantially reduced because the communications in question 
resulted in only one violation, not two.14  

                        III.  DISCUSSION

     4.   In order to enhance and ensure the competitiveness of 
markets for communications services, the Commission adopted rules 
designed to prevent collusive conduct during auctions, facilitate 
the detection of such misconduct, and maintain public confidence 
in the integrity of the auction process. 15  If collusive conduct 
were permitted during the auction process, the result could be 
the elimination of potential participants in auctions and 
competitors in the marketplace.16  Consequently, the Commission 
adopted section 1.2105(c), frequently referred to as the ``anti-
collusion rule.''  Section 1.2105(c)(1) states, in pertinent 
part:  

     [A]fter the [FCC Form 175] short-form application 
     filing deadline, all applicants for licenses in any of 
     the same geographic license areas are prohibited from 
     cooperating or collaborating with respect to, 
     discussing with each other, or disclosing to each other 
     in any manner the substance of their own, or each 
     other's, or any other competing applicant's bids or 
     bidding strategies, or discussing or negotiating 
     settlement agreements, until after the down payment 
     deadline, unless such applicants are members of a 
     bidding consortium or other joint bidding arrangement 
     identified on the bidder's short-form application 
     pursuant to § 1.2105(a)(2)(viii).17  

Thus, the prohibition against collusive communications set forth 
in section 1.2105(c) takes effect  on the pre-auction short-form 
application deadline and remains in place until the down payment 
deadline, after the close of the auction.18  By its very 
language, the prohibition contained in section 1.2105(c) applies 
to all applicants for licenses in a Commission auction.  
Moreover, the Commission and the staff have repeatedly made clear 
that the prohibition against collusive contacts and 
communications contained in section 1.2105(c) applies to all 
entities that file short-form applications, regardless of whether 
they are qualified to bid.19  

     5.   Turning to the instant case, we reject Star's 
contention that it did not violate section 1.2105(c) because when 
it discussed its bidding strategy with Northeast, Northeast was 
not an ``applicant for licenses.''20  In support, Star relies on 
a May 24, 2002, Public Notice issued by the Wireless 
Telecommunications Bureau (``WTB'') relating to the status of 
applications filed in Auction No. 44.21  Therein, WTB stated, 
``Applicants that have filed applications deemed to be 
incomplete, as noted in this public notice, must submit timely 
and sufficient upfront payments by the May 30, 2002 deadline . . 
. If no upfront payment is made or the application remains 
incomplete following its resubmission, the application will be 
dismissed.''22  Star maintains that, on the basis of this 
language, it was ``reasonable to conclude'' that Northeast ceased 
being an applicant for licenses, subject to section 1.2105(c), 
when it failed to make its upfront payment by the May 30, 2002, 
deadline.23  Although Northeast's failure to timely make its 
upfront payment did disqualify it from bidding in Auction No. 44 
and suggested that WTB would in due course dismiss its 
application, the fact remains that, as of August 28 and 29, WTB 
had not dismissed Northeast's application and it thus remained 
pending under the rules.  

     6.   Both before and after commencement of the auction, WTB 
issued multiple public notices warning auction applicants that 
they were required to comply with section 1.2105(c).24  Two of 
those public notices, released shortly before Mr. Behenna 
telephoned Mr. Riordan, contained a specific reminder that all 
parties that had submitted a short-form application to 
participate in Auction No. 44 -- even those that were 
disqualified from bidding -- remained subject to the anti-
collusion rule until the October 4, 2002, post-auction down 
payment deadline,25 consistent with the definition of 
``applicant'' contained in the anti-collusion rule.26  Thus, 
Northeast was beyond question an ``applicant for licenses'' for 
the purposes of section 1.2105(c) when the two companies engaged 
in their discussion - a communication plainly prohibited by 
section 1.2105(c).27   

     7.   There also is no merit to Star's claim that section 
1.2105(c) has never been applied to the precise facts presented 
here.28  It is axiomatic that the facts and circumstances of two 
cases will never be identical.  Star attempts, for example, to 
distinguish from the instant case the Reardon and Grady cases29 
by pointing out insignificant factual differences between them 
and the instant facts.  However, the legal principles discussed 
in that precedent are unquestionably on point.  Collectively, 
these cases demonstrate that section 1.2105(c), by its plain 
language and as consistently interpreted by the Commission and 
its staff, applies to all entities that file short-form 
applications, regardless of whether they are ultimately 
disqualified from bidding in a particular auction, a fact of 
which Star and other Auction No. 44 applicants were repeatedly 
reminded by WTB in the auction public notices.   

     8.   Contrary to Star's claim, it is of no consequence in 
determining that there has been a violation of section 1.2105(c) 
whether the parties who engaged in a prohibited dialogue 
ultimately reach an accord.30  As stated in the NAL, a violation 
of section 1.2105(c) results from the mere communication between 
auction applicants of prohibited information.31  Similarly, we 
reject Star's claim that the communications at issue are beyond 
the scope of section 1.2105(c) because they were so vague that 
they did not compromise the auction process.32  While we agree 
that the underlying purpose of section 1.2105(c) is to prevent 
auction abuses, it is the substance and timing of specific 
communications that are key in determining whether there has been 
a violation of section 1.2105(c), not the impact or claimed lack 
thereof on a particular auction.  Thus, although we find on the 
basis of the information before us that Star indeed altered its 
bidding behavior as a result of its communication with 
Northeast,33 a fact that is probative of Star's noncompliance, we 
need not rely on that determination to conclude that Star 
violated section 1.2105(c).  Star's further claim that section 
1.2105(c) was intended to apply only to auction bidders rather 
than auction applicants34 is flatly belied by the plain language 
of the rule section and the numerous Auction No. 44 releases 
issued by WTB.  As noted supra, both before and after 
commencement of the auction, WTB issued multiple public notices 
warning auction applicants that they were required to comply with 
section 1.2105(c).  Further, Star argues that the Commission 
should not enforce the anti-collusion rule because it was 
arbitrary for the Commission to adopt a rule that applies to an 
auction applicant that is not qualified to bid, but does not 
apply to an entity that never filed an auction application.35  We 
reject this argument as an untimely request for reconsideration 
of the 1994 rulemaking order which adopted the anti-collusion 
rule.36

     9.   Star's contention that its conduct in this case is 
substantially more benign than other cases that drew lesser or no 
sanctions also lacks merit.37  Star's reliance upon Mercury PCS 
II, LLC38 is particularly misplaced.  The Commission found in 
Mercury that a bidder had placed trailing numbers at the end of 
its bids in an effort to surreptitiously communicate its bidding 
strategy to other participants.  Although the Commission 
concluded that the bidder's conduct violated the anti-collusion 
rule, it declined to impose a sanction in that instance because 
the activity in question presented a case of first impression, 
and there was no prior notice that such specific conduct was 
proscribed.39  In contrast, as discussed herein and in the NAL, 
the Commission repeatedly provided Star and other auction 
applicants with express notice that the conduct in which it 
engaged would violate the anti-collusion rule and was strictly 
prohibited.40  Star's reliance on the Commercial Realty St. 
Pete41 and U.S. West Communications, Inc.42 cases also lacks 
merit.  Star relies on these cases in support of its claim that 
``[w]here the Commission has imposed substantial forfeitures, it 
was for conduct significantly more egregious than that of Star 
and Northeast.''43  We disagree.  Because collusive activities of 
any nature may adversely affect the fundamental integrity of the 
Commission's auctions processes, we find no public interest 
justification for minimizing Star's violation of section 
1.2105(c).  Furthermore, as discussed more fully below, the 
Commission considers a number of factors in determining the 
amount of a forfeiture to ensure, among other things, that the 
sanction is commensurate with the nature of the violation and 
consistent with that in other similarly-situated cases.  In the 
instant case, Star's misconduct was willful, repeated, and 
serious.  The sanction that we impose herein is, on balance and 
relative to the cases upon which Star relies (which imposed 
significantly higher forfeitures), entirely appropriate.  
Consequently, we conclude that Star's complaint of disparate 
treatment is without merit.

     10.  We also find no basis for reducing the forfeiture 
proposed in the NAL.  Star claims that the assessment of a 
$100,000 forfeiture in this instance will cause future auction 
applicants to consider carefully whether to voluntarily report 
potentially collusive conduct to the Commission.44  The reporting 
of such information is not voluntary: section 1.2105(c)(6) 
requires such disclosure ``immediately'' upon a communication of 
bids or bidding strategies.  Star's suggestion that the 
Commission should refrain from enforcing its auction rules for 
fear that such action might deter future compliance with this 
disclosure requirement is meritless.  Star's further claim that 
it did not intend to violate section 1.2105(c) is irrelevant; the 
violation was willful as is defined by the Act.45  Star's 
representative did not accidentally telephone his counterpart at 
Northeast to solicit a conversation relating to Auction No. 44 
during the period of time when such communications were strictly 
proscribed, nor was it an accident that they engaged in a 
prohibited discussion the next day.  While Star may not have set 
out with the specific intention of violating the rule, its 
actions were indisputably willful and patently inconsistent with 
the plain language of section 1.2105(c).  In this regard, section 
312(f)(1) of the Act defines willful as ``the conscious and 
deliberate commission or omission of [any] act, irrespective of 
any intent to violate'' the law.46  The legislative history to 
section 312(f)(1) of the Act clarifies that this definition of 
willful applies to both sections 312 and 503(b) of the Act,47 and 
the Commission has so interpreted the term in the section 503(b) 
context.48     

     11.  We also reject Star's contention that it did not 
repeatedly violate section 1.2105(c).  Star claims that, even if 
it did violate section 1.2105(c) on August 29, 2002, the 
voicemail message that its representative left on the telephone 
answering machine of Northeast's representative the prior day did 
not constitute a violation of the anti-collusion rule.49  We 
disagree.  As we observed in the NAL, it is clear from the 
parties' subsequent communication that Star's Mr. Behenna 
contacted Northeast's Mr. Riordan on August 28, 2002, in order to 
initiate a discussion concerning bidding strategy.  Nothing that 
Star has presented in its Response leads us to any other 
conclusion.  Star concedes it placed the call to, and left a 
message on the answering machine of, Northeast's auction 
representative.  The only logical conclusion that one can draw, 
given the subsequent conversation between the two 
representatives, is that the message involved a solicitation 
about a prohibited subject: Star's auction bidding plans.50  In 
any event, we conclude that even if the behavior constituted only 
one violation on August 29, 2002, a $100,000 forfeiture is still 
appropriate.

     12.  In light of the foregoing analysis, we find that Star 
willfully and repeatedly engaged in violations of section 
1.2105(c) of the Commission's Rules by discussing bidding 
strategy with a competing applicant during Auction No. 44.  The 
first violation occurred on August 28, 2002, when Mr. Behenna 
left a voicemail message for Mr. Riordan, a communication that 
solicited Star's primary violation, which occurred on August 29, 
2002, when the two individuals, on behalf of their respective 
companies, engaged in Mr. Behenna's requested conversation about 
bidding strategy.  These telephone calls took place during the 
period of time in which discussions about such subjects between 
or among auction applicants in Auction No. 44 were strictly 
prohibited.

     13.  The Commission's Forfeiture Policy Statement51 
specifies that the Commission shall impose a forfeiture based 
upon consideration of the factors enumerated in section 
503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D), such as ``the 
nature, circumstances, extent and gravity of the violation, and, 
with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and such other matters 
as justice may require.''52  In this case, taking all of these 
factors into consideration, we find that Star is liable for a 
forfeiture in the amount of $100,000.  

     14.  We also reject Star's claim that the NAL did not 
properly consider the factors set forth in section 503(b)(2)(D) 
of the Act.53  We carefully considered each of the factors in the 
NAL and have done so again here and find no basis for mitigating 
the proposed forfeiture.  Additionally, we base the forfeiture 
amount in this case on the severity of the misconduct generally, 
irrespective of the number of violations.  Given the multiple 
admonitions about collusion issued by WTB to auction applicants 
in Auction No. 44, Star knew or should have known that the 
communications that it solicited and in which it engaged were 
proscribed.  The violations committed by Star had the potential 
to affect the fundamental integrity of Auction No. 44.  With 
respect to Star's request for mitigation because it voluntarily 
disclosed the communications to the Commission,54 Star was 
required by section 1.2105(c)(6) of the Commission's rules to do 
so.  Although Star suggests an inability to pay the forfeiture 
proposed in the NAL,55 it has presented no documentation in 
support of such a claim.  We conclude, on balance, that the 
forfeiture amount is justified by the severity of the violations.  

                      IV.  ORDERING CLAUSES

     15.  Accordingly, IT IS ORDERED THAT, pursuant to section 
503(b) of the Act,56 and sections 0.111, 0.311 and 1.80(f)(4) of 
the Commission's Rules,57 Star IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of One Hundred Thousand Dollars 
($100,000) for willfully and repeatedly violating section 
1.2105(c) of the Commission's rules.

     16.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by  check or 
money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.   Payment by wire transfer may be 
made to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259. 

     17.  IT IS FURTHER ORDERED that a copy of this Forfeiture 
Order shall be sent by Certified Mail Return - Receipt Requested, 
to: Star Wireless, LLC, 4000 Palos Verdes Dr. North, Suite 201, 
Rollings Hills Est., California  90274; and to its counsel: Mark 
J. Tauber, Esq., Piper Rudnick, 1200 Nineteenth Street, N.W., 
Washington, D.C.  20036-3900.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

1 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.

2 47 C.F.R. § 1.2105(c).

3 In  re Star  Wireless, LLC,  Notice of  Apparent Liability  for 
Forfeiture, 18 FCC Rcd 17,648 (EB 2003) (``NAL'').

4 Mr. Behenna holds 100% of PCSGP's fully diluted shares of 
common stock.  He is PCSGP's President, Secretary, Treasurer and 
sole Director.  See Star FCC Form 175, Exhibit A.

5 Northeast is a closely-held telecommunications holding company 
located in Green Bay, Wisconsin, owned and controlled by four 
siblings, Patrick D. Riordan, Robert H. Riordan, Micki Harper and 
Ray J. Riordan, who are each officers and directors and 
collectively hold over 52 percent of its stock.

6 Letter from Paul W. Jamieson, counsel for Star, to Maureen F. 
Del Duca, Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, dated 
September 26, 2003 (``Response'').   

7 Id. at 2.

8 Id. at 3.

9 Id. at 3-5.

10 Id. at 5-6.

11 Id. at 6-7.

12 Id. at 7-9.

13 Id. at 9-10.

14 Id. at 10.

15 See Implementation of Section 309(j) of the Communications Act 
-- Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 
2386-88, ¶¶221-226 (1994) (``Competitive Bidding Second Report 
and Order'') (``[W]e believe that the competitiveness of the 
auction process and of post-auction market structure will be 
enhanced by certain additional safeguards designed to reinforce 
existing laws and facilitate detection of collusive conduct.'').

16 See Competitive Bidding Second Report and Order, 9 FCC Rcd 
2348, 2387, ¶223; Implementation of Section 309(j) of the 
Communications Act -- Competitive Bidding, Memorandum Opinion and 
Order, 9 FCC Rcd 7684, 7687-7688, ¶10 (1994) (``Our anti-
collusion rules are intended to protect the integrity and 
robustness of our competitive bidding process.'').
 
17 47 C.F.R. § 1.2105(c)(1).  Section 1.2105(a) requires that 
each auction applicant submit a short-form application (FCC Form 
175) in order to participate in an auction.  See 47 C.F.R. 
§1.2105(a).

18 47 C.F.R. § 1.2105(c)(1).  See also Amendment of Part 1 of the 
Commission's Rules- Competitive Bidding Procedures, Order on 
Reconsideration of the Third Report and Order, Fifth Report and 
Order, and Fourth Further Notice of Proposed Rulemaking, 15 FCC 
Rcd 15923 (2000) at 15297-98, ¶¶ 7-8. 

19 The public notice announcing how parties could apply to 
participate in Auction No. 44 explicitly reminded potential 
participants of the Commission's anti-collusion rule, that the 
rule was applicable to all applicants, and that the rule would 
apply from the deadline for filing short-form applications until 
the post-auction down payment deadline.  See Auction of Licenses 
in the 698-746 MHz Band Scheduled for June 19, 2002, Public 
Notice, DA 02-563 (WTB rel. March 20, 2002) (``Procedures PN'') 
at 7 (``[T]he Commission's rules prohibit applicants for the same 
geographic license area from communicating with each other during 
the auction about bids, bidding strategies, or settlements.  This 
prohibition begins at the short-form application filing deadline 
and ends at the down payment deadline after the auction.'').  The 
Procedures PN directed applicants to a list of precedents 
applying the anti-collusion rule, several of which explicitly 
applied the rule to applicants, such as Northeast here,  that 
subsequently did not bid in the auction.  Id. at Attachment G 
(citing, inter alia, Letter to Robert Pettit, Esquire, from 
Margaret W. Wiener, Chief, Auctions and Industry Analysis 
Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 16 FCC Rcd 10080 (WTB 2000) (declining 
to except an applicant's controlling interest from coverage by 
the anti-collusion rule, even though the applicant never made an 
upfront payment for the auction and was not listed as a qualified 
bidder); Letter to Mark Grady, President, Communications Venture 
PCS Limited Partnership, from Kathleen O'Brien Ham, Chief, 
Auctions Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, 11 FCC Rcd 10895 (WTB 1996) (``Even 
when an applicant has withdrawn its application during the course 
of the auction, the applicant may not enter into a bidding 
agreement with another applicant bidding on the geographic 
license areas from which the first applicant withdrew.'')).  See 
also Implementation of Section 309(j) of the Communications Act - 
Competitive Bidding, Fourth Memorandum Opinion and Order,  9 FCC 
Rcd 6858, 6867 ¶ 50-51 (1994) (rejecting the argument that 
communications prohibited by the anti-collusion rule should be 
permitted during auctions between active and non-active bidders); 
Letter to John Reardon, Secretary to the Board of Directors and 
General Counsel, Mobex Communications, Inc., from Amy J. Zoslov, 
Chief, Auctions and Industry Analysis Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 13 
FCC Rcd 17877 (WTB 1998) (``When the short-form filing deadline 
passes, the anti-collusion rule applies to all applicants with 
submitted short-form applications . . . We . . . remind 
applicants that submitted applications, once the short-form 
deadline passes, trigger application of the anti-collusion rule 
even if they are later withdrawn.'').

20 Response at 2.

21 See Auction of Licenses For 698-746 MHz Band; Status of FCC 
Form 175 Applications to Participate in the Auction; Extension of 
Upfront Payment Deadline, Public Notice, DA 02-1213 (WTB rel. May 
24, 2002) (``Status PN''). 

22  Status PN at 2.

23 Response at 2.  See also, Auction No. 44, Lower 700 MHz 
Auction Band Closes, Winning Bidders Announced, Public Notice, DA 
02-2323 (WTB rel. September 20, 2002).

24 Procedures PN at 8; Status PN at 4-5; Auction of Licenses for 
698-746 MHz Band; 128 Qualified Bidders, Public Notice, DA 02-
1346 (WTB rel. June 7, 2002) (``Qualified Bidders PN'') at 7; 
Auction No.44, Revised Qualified Bidder Notification; 125 
Qualified Bidders, Public Notice, DA 02-1933 (WTB rel. August 7, 
2002) (``Revised Qualified Bidders PN'') at 7-8; Auction No. 44 
Revised Schedule, License Inventory, and Procedures, Public 
Notice, DA 02-1491 (WTB rel. June 26, 2002) (``Revised Schedule, 
Inventory and Procedures PN'') at 2.

25 Revised Schedule, Inventory and Procedures PN at 2; Revised 
Qualified Bidders PN at 7.

26 ``The term applicant shall include all controlling interests 
in the entity submitting a short-form application to participate 
in an action (FCC Form 175) . . . .'' 47 C.F.R. § 
1.2105(c)(7)(i).  

27 Star also maintains that ``[o]nce Northeast failed to perfect 
its application by meeting the contingency of making an upfront 
payment, its application was rendered void ab initio - as if it 
were never filed.''  Response at 2, n. 4.  This is not correct.  
Rather, as noted above, the failure to perfect the application 
rendered Northeast ineligible to bid and its application subject 
to dismissal.  Nevertheless, its application remained pending at 
the time of the behavior here.  

28 Response at 3.

29 See Letter to John Reardon, Secretary to the Board of 
Directors and General Counsel, Mobex Communications, Inc., from 
Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, 
Wireless Telecommunications Bureau, Federal Communications 
Commission, 13 FCC Rcd 17877 (WTB 1998) (``When the short-form 
filing deadline passes, the anti-collusion rule applies to all 
applicants with submitted short-form applications. . . We . . . 
remind applicants that submitted applications, once the short-
form deadline passes, trigger application of the anti-collusion 
rule even if they are later withdrawn.''); Letter to Mark Grady, 
President, Communications Venture PCS Limited Partnership, from 
Kathleen O'Brien Ham, Chief, Auctions Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 11 
FCC Rcd 10895 (WTB 1996) (``Even when an applicant has withdrawn 
its application during the course of the auction, the applicant 
may not enter into a bidding agreement with another applicant 
bidding on the geographic license areas from which the first 
applicant withdrew.'').

30 Response at 3-5.

31 NAL, para. 19.

32 Response  at 6-7.   In  fact, as  concluded  in the  NAL,  the 
parties  did  compromise  the  auction  by  providing  Star  with 
information to which other bidders lacked access. NAL, para. 20.

33 The Commission's bidding records reveal that, after the August 
29, 2002, conversation between Star's Behenna and Northeast's 
Riordan, Star began to bid actively and aggressively for 
Wisconsin and Iowa markets  -- areas for which Star had shown no 
interest in its earlier bidding and in which Star, unlike 
Northeast, had no operations.  Thus, the parties' denials 
notwithstanding, the evidence shows that the subject 
communication significantly impacted Star's auction bidding 
strategy.  See NAL, paras. 14, 15, 19, note 60.    

34 Response at 4-5.

35 Response at 6.

36 Competitive Bidding Second Report and Order, 9 FCC Rcd at 
2,386 - 88 ¶¶ 221 - 226. 

37 Response at 7-9.

38 See In re Mercury PCS II, LLC, 13 FCC Rcd. 23,755 (1998) 
(``Mercury''). 

39 Id. at 23,759.

40 See supra, note 24.

41 See In the Matter of Commercial Realty St. Pete, 11 FCC Rcd 
15,374 (1996) (``Commercial Realty'').  In that case, the 
Commission found that Commercial Realty had violated the 
Commission's anti-collusion rule by attempting to discourage 
other bidders from making down payments; that it had abused the 
Commission's processes by improperly claiming bidding credits as 
a woman-owned business, and that it willfully misrepresented that 
it was qualified to incur financial obligations exceeding 
$40,000,000.  As a result of its misconduct, the Commission 
imposed a $390,000 forfeiture against Commercial Realty. 

42 See In re U.S. West Communications, Inc., 13 FCC Rcd 8286 
(1998) (``US West'').  In that case, US West, an auction 
participant, disclosed and discussed its bidding strategy to, and 
cooperated with, a competing auction participant during the 
auction, and failed to timely notify the Commission of the 
prohibited disclosure, discussion and arrangement.  As a 
consequence, the Commission imposed a $1,200,000 forfeiture 
against US West for its violations of sections 1.2105(c) and 1.65 
of the Commission's rules.

43 Response at 7.

44 Response at 9-10.

45 Id. at 8. 

46 47 U.S.C. § 312(f)(1).  

47 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

48 See, e.g., Application for Review of Southern California 
Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 
4388 (1991).

49 Id. at 10. 

50 As described in the NAL, from the auction-related 
communications that occurred between Mr. Behenna and Mr. Riordan, 
Star learned of Northeast's interest in certain markets and thus 
knew about potential post-auction demand for the licenses in 
certain markets in Auction No. 44, and Northeast had an 
opportunity to influence Star's auction plan and strategy for its 
own purposes.  NAL, 18 FCC Rcd at 17,657. See Amendment of Part 1 
of the Commission's Rules - Competitive Bidding Procedures, WT 
Docket No. 97-82, Third Report and Order and Second Further 
Notice of Proposed Rule Making, 13 FCC Rcd 374, 468 (1997) 
("[A]uction applicants should avoid all discussions with each 
other that will likely affect bids or bidding strategy . . . .").

51 The Commission's Forfeiture Policy Statement and Amendment of 
section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, 12 FCC Rcd 17087, 17113 (1997), recon. denied 15 FCC 
Rcd 303 (1999) (``Forfeiture Policy Statement''); 47 C.F.R. § 
1.80(b).

52 Forfeiture Policy Statement, 12 FCC Rcd at 17100-01, ¶ 27.

53 Response at 8-9.

54 Id. at 8. 

55 Id. at 9.

56 47 U.S.C. § 503(b).

57 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).