BeforetheORDER.docVIP

Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of Northeast Communications of Wisconsin, Inc. Request for Confidential Treatment of Financial Information Contained in FCC Form 175 Filing In the Local Multipoint Distribution Service MEMORANDUM OPINION AND ORDER Adopted: February 8, 2000 Released: February 14, 2000 By the Commission: I. INTRODUCTION On January 23, 1998, Northeast Communications of Wisconsin, Inc. “Northeast” filed a request seeking non-disclosure of certain financial information submitted in support of its Local Multipoint Distribution Service “LMDS” short-form auction application “FCC Form 175” . The Auctions and Industry Analysis Division of the Wireless Telecommunications Bureau “Auctions Division” denied the request for confidential treatment in a Public Notice issued on January 27, 1998 and in a separate letter ruling, dated February 17, 1998. Northeast submitted an Application for Review “Application” on February 3, 1998. For the reasons described below, the Commission denies Northeast’s Application. BACKGROUND On September 27, 1997, the Commission announced an auction for 986 licenses to provide LMDS in the 28 GHz and 31 GHz bands. The Commission further announced that qualifying LMDS applicants would be eligible for bidding credits or discounts on their winning bids. Eligibility for the three levels of LMDS bidding credits depended on the annual gross revenues of the bidder and its controlling principals and affiliates, as averaged over the preceding three years. A bidder with gross annual revenues of not more than $15 million would receive a 45 percent bidding credit. A bidder with gross annual revenues of more than $15 million, but not more than $40 million would receive a 35 percent bidding credit, and a bidder with average gross annual revenues of more than $40 million, but not more than $75 million would receive a 25 percent bidding credit. Northeast submitted an