§ 1.21001   Participation in competitive bidding for support.

   (a) Public Notice of the Application Process. The dates and procedures
   for submitting applications to participate in competitive bidding
   pursuant to this subpart shall be announced by public notice.

   (b) Application Contents. An applicant to participate in competitive
   bidding pursuant to this subpart shall provide the following
   information in an acceptable form:

   (1) The identity of the applicant, i.e., the party that seeks support,
   including any required information regarding parties that have an
   ownership or other interest in the applicant;

   (2) The identities of up to three individuals authorized to make or
   withdraw a bid on behalf of the applicant;

   (3) The identities of all real parties in interest to any agreements
   relating to the participation of the applicant in the competitive
   bidding;

   (4) Certification that the application discloses all real parties in
   interest to any agreements involving the applicant's participation in
   the competitive bidding;

   (5) Certification that the applicant and all applicable parties have
   complied with and will continue to comply with § 1.21002;

   (6) Certification that the applicant is in compliance with all
   statutory and regulatory requirements for receiving the universal
   service support that the applicant seeks, or, if expressly allowed by
   the rules specific to a high-cost support mechanism, a certification
   that the applicant acknowledges that it must be in compliance with such
   requirements before being authorized to receive support;

   (7) Certification that the applicant will make any payment that may be
   required pursuant to § 1.21004;

   (8) Certification that the individual submitting the application is
   authorized to do so on behalf of the applicant; and

   (9) Such additional information as may be required.

   (c) Financial Requirements for Participation. As a prerequisite to
   participating in competitive bidding, an applicant may be required to
   post a bond or place funds on deposit with the Commission in an amount
   based on the default payment that may be required pursuant to § 1.21004.
   The details of and deadline for posting such a bond or making such a
   deposit will be announced by public notice. No interest will be paid on
   any funds placed on deposit.

   (d) Application Processing. (1) Any timely submitted application will
   be reviewed by Commission staff for completeness and compliance with
   the Commission's rules. No untimely applications shall be reviewed or
   considered.

   (2) An applicant will not be permitted to participate in competitive
   bidding if the application does not identify the applicant as required
   by the public notice announcing application procedures or does not
   include all required certifications, as of the deadline for submitting
   applications.

   (3) An applicant will not be permitted to participate in competitive
   bidding if the applicant has not provided any bond or deposit of funds
   required pursuant to § 1.21001(c), as of the applicable deadline.

   (4) An applicant may not make major modifications to its application
   after the deadline for submitting the application. An applicant will
   not be permitted to participate in competitive bidding if Commission
   staff determines that the application requires major modifications to
   be made after that deadline. Major modifications include, but are not
   limited to, any changes in the ownership of the applicant that
   constitute an assignment or transfer of control, or any changes in the
   identity of the applicant, or any changes in the required
   certifications.

   (5) An applicant may be permitted to make minor modifications to its
   application after the deadline for submitting applications. Minor
   modifications may be subject to a deadline specified by public notice.
   Minor modifications include correcting typographical errors and
   supplying non-material information that was inadvertently omitted or
   was not available at the time the application was submitted.

   (6) After receipt and review of the applications, an applicant that
   will be permitted participate in competitive bidding shall be
   identified in a public notice.

   [ 76 FR 73851 , Nov. 29, 2011, as amended at  81 FR 44448 , July 7, 2016]

   Effective Date Note: At  81 FR 44448 , July 7, 2016, § 1.21001(b)(6) was
   revised. This paragraph 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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