Goto Section: 54.1013 | 54.1015 | Table of Contents
FCC 54.1014
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 54.1014 Application process.
(a) Application to Participate in Competitive Bidding for Mobility Fund
Phase II 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 II support shall:
(1) Provide ownership information as set forth in § 1.2112(a) of this
chapter as well as information on any agreement the applicant may have
relating to the support to be sought through the auction;
(2) Certify that the applicant is financially and technically capable
of meeting the public interest obligations of § 54.1015 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 an entity that will file
an application to become an Eligible Telecommunications Carrier in any
such area after winning support in Mobility Fund Phase II, and certify
that the disclosure is accurate; and
(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 or leases the spectrum, including
any necessary renewal expectancy, and whether such spectrum access is
contingent upon receiving support in a Mobility Fund Phase II auction,
and certify that the description is accurate and that the applicant
will retain such access for the entire ten (10) year Mobility Fund
Phase II support term.
(b) Application by Winning Bidders for Mobility Fund Phase II
Support—(1) Deadline. Unless otherwise provided by public notice,
winning bidders for Mobility Fund Phase II support shall file an
application for Mobility Fund Phase II support no later than ten (10)
business days after the public notice identifying them as winning
bidders.
(2) Application contents. An application for Mobility Fund Phase II
support must contain:
(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 providing the required coverage and performance levels
within the specified timeframe in the geographic areas in which it won
support;
(iii) Proof of the applicant's status as an Eligible Telecommunications
Carrier, or a statement that the applicant will become an Eligible
Telecommunications Carrier in any area for which it seeks support
within 180 days of the public notice identifying them as winning
bidders, 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 winning bidder for
support, including whether the applicant currently holds or leases the
spectrum, along with any necessary renewal expectancy, and
certification that the description is accurate and that the applicant
will retain such access for the entire ten (10) year Mobility Fund
Phase II support term;
(v) A detailed project description that describes the network to be
built or upgraded, identifies the proposed technology, demonstrates
that the project is technically feasible, discloses the complete
project budget, and discusses each specific phase of the project (e.g.,
network design, construction, deployment, and maintenance), as well as
a complete project schedule, including timelines, milestones, and
costs;
(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 II and that the applicant will comply with all
program requirements, including the public interest obligations set
forth in § 54.1015;
(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 § 54.1016, or a written commitment from an
acceptable bank, as defined in § 54.1016(a)(2), 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
during the term of support the applicant seeks;
(ix) Certification that the party submitting the application is
authorized to do so on behalf of the applicant; and
(x) 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 II support, after the winning bidder submits a Letter of
Credit and an accompanying opinion letter as required by § 54.1016, in a
form acceptable to the Commission, and any final designation as an
Eligible Telecommunications Carrier that any applicant may still
require. Each such winning bidder shall submit a Letter of Credit and
an accompanying opinion letter as required by § 54.1016, in a form
acceptable to the Commission, and any required final designation as an
Eligible Telecommunications Carrier no later than ten (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 II support.
[ 82 FR 15450 , Mar. 28, 2017]
Effective Date Note: At 82 FR 15450 , Mar. 28, 2017, § 54.1014 was added.
This section contains information collection and recordkeeping
requirements and will not become effective until approval has been
given by the Office of Management and Budget.
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Goto Section: 54.1013 | 54.1015
Goto Year: 2016 |
2018
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