Goto Section: 54.1004 | 54.1006 | Table of Contents
FCC 54.1005
Revised as of October 1, 2013
Goto Year:2012 |
2014
§ 54.1005 Application process.
(a) Application to participate in competitive bidding for Mobility Fund
Phase I support. In addition to providing information specified in
§ 1.21001(b) of this chapter and any other information required by the
Commission, an applicant to participate in competitive bidding for
Mobility Fund Phase I support also shall:
(1) Provide ownership information as set forth in § 1.2112(a) of this
chapter;
(2) Certify that the applicant is financially and technically capable
of meeting the public interest obligations of § 54.1006 in each area
for which it seeks support;
(3) Disclose its status as an Eligible Telecommunications Carrier in
any area for which it will seek support or as a Tribal entity with a
pending application to become an Eligible Telecommunications Carrier in
any such area, and certify that the disclosure is accurate;
(4) Describe the spectrum access that the applicant plans to use to
meet obligations in areas for which it will bid for support, including
whether the applicant currently holds a license for or leases the
spectrum, and certify that the description is accurate and that the
applicant will retain such access for at least five (5) years after the
date on which it is authorized to receive support;
(5) Certify that it will not bid on any areas in which it has made a
public commitment to deploy 3G or better wireless service by December
31, 2012; and
(6) Make any applicable certifications required in § 54.1004.
(b) Application by winning bidders for Mobility Fund Phase I support.
--(1) Deadline. Unless otherwise provided by public notice, winning
bidders for Mobility Fund Phase I support shall file an application for
Mobility Fund Phase I support no later than 10 business days after the
public notice identifying them as winning bidders.
(2) Application contents. --(i) Identification of the party seeking the
support, including ownership information as set forth in § 1.2112(a)
of this chapter.
(ii) Certification that the applicant is financially and technically
capable of meeting the public interest obligations of § 54.1006 in the
geographic areas for which it seeks support.
(iii) Proof of the applicant's status as an Eligible Telecommunications
Carrier or as a Tribal entity with a pending application to become an
Eligible Telecommunications Carrier in any area for which it seeks
support and certification that the proof is accurate.
(iv) A description of the spectrum access that the applicant plans to
use to meet obligations in areas for which it is the winning bidder for
support, including whether the applicant currently holds a license for
or leases the spectrum, and a certification that the description is
accurate and that the applicant will retain such access for at least
five (5) years after the date on which it is authorized to receive
support.
(v) A detailed project description that describes the network,
identifies the proposed technology, demonstrates that the project is
technically feasible, discloses the budget and describes each specific
phase of the project, e.g., network design, construction, deployment,
and maintenance. The applicant shall indicate whether the supported
network will provide third generation (3G) mobile service within the
period prescribed by § 54.1006(a) or fourth generation (4G) mobile
service within the period prescribed by § 54.1006(b).
(vi) Certifications that the applicant has available funds for all
project costs that exceed the amount of support to be received from
Mobility Fund Phase I and that the applicant will comply with all
program requirements.
(vii) Any guarantee of performance that the Commission may require by
public notice or other proceedings, including but not limited to the
letters of credit required in § 54.1007, or a written commitment from
an acceptable bank, as defined in § 54.1007(a)(1), to issue such a
letter of credit.
(viii) Certification that the applicant will offer service in supported
areas at rates that are within a reasonable range of rates for similar
service plans offered by mobile wireless providers in urban areas for a
period extending until five (5) years after the date on which it is
authorized to receive support.
(ix) Any applicable certifications and showings required in § 54.1004.
(x) Certification that the party submitting the application is
authorized to do so on behalf of the applicant.
(xi) Such additional information as the Commission may require.
(3) Application processing. (i) No application will be considered
unless it has been submitted in an acceptable form during the period
specified by public notice. No applications submitted or demonstrations
made at any other time shall be accepted or considered.
(ii) Any application that, as of the submission deadline, either does
not identify the applicant seeking support as specified in the public
notice announcing application procedures or does not include required
certifications shall be denied.
(iii) An applicant may be afforded an opportunity to make minor
modifications to amend its application or correct defects noted by the
applicant, the Commission, the Administrator, or other parties. Minor
modifications include correcting typographical errors in the
application and supplying non-material information that was
inadvertently omitted or was not available at the time the application
was submitted.
(iv) Applications to which major modifications are made after the
deadline for submitting applications shall be denied. Major
modifications include, but are not limited to, any changes in the
ownership of the applicant that constitute an assignment or change of
control, or the identity of the applicant, or the certifications
required in the application.
(v) After receipt and review of the applications, a public notice shall
identify each winning bidder that may be authorized to receive Mobility
Fund Phase I support after the winning bidder submits a Letter of
Credit and an accompanying opinion letter as required by § 54.1007, in
a form acceptable to the Commission, and any final designation as an
Eligible Telecommunications Carrier that any Tribally-owned or
-controlled applicant may still require. Each such winning bidder shall
submit a Letter of Credit and an accompanying opinion letter as
required by § 54.1007, in a form acceptable to the Commission, and any
required final designation as an Eligible Telecommunications Carrier no
later than 10 business days following the release of the public notice.
(vi) After receipt of all necessary information, a public notice will
identify each winning bidder that is authorized to receive Mobility
Fund Phase I support.
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Goto Section: 54.1004 | 54.1006
Goto Year: 2012 |
2014
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