Frequency Auctions Clause Samples

Frequency Auctions. NWIP will have the right to participate in any FCC auction of licenses for frequencies (whether or not in the 800 MHz frequency band and whether in the Territory or elsewhere in the United States) and may assign such right to any other member of the Nextel Group. The Company will have the right to participate in any FCC auction of licenses for 800 MHz or 900 MHz frequencies in the Territory (a "Partner Auction") either with NWIP or NWIP's assignee (collectively referred to in this Section 4.6 as "NWIP") or independently if NWIP elects not to participate. If both NWIP and the Company desire to participate in a Partner Auction, NWIP and the Company will enter into a consortium agreement to form an auction consortium to bid on and fund the purchase of any auction licenses in the Territory acting in accordance with FCC Rules. In the consortium agreement, the Company will control the bidding and have the right to fund 100% of the auction cost (in which case License Co. will be the licensee of any license awarded in the auction). If the Company elects to withdraw from the auction, or from bidding on any individual auction license, NWIP will have the right to assume control of the bidding and fund the cost of the auction (or individual auction license(s), as the case may be) independent of the Company, in which case NWIP (or another member of the Nextel Group) will be the licensee of any such license awarded in the auction.