Goto Section: 54.1013 | 54.1015 | Table of Contents
FCC 54.1014
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 54.1014 Application process.
(a) Application to participate in competitive bidding for 5G Fund
support. In addition to providing the 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 5G
Fund support shall:
(1) Certify that the applicant is financially and technically capable
of meeting the public interest obligations and performance requirements
in § 54.1015 in each area for which it seeks support;
(2) Disclose its status as an eligible telecommunications carrier in
any area for which it will seek support and associated study area
code(s) or as an entity that will file an application to become an
eligible telecommunications carrier in any such area after being
identified as a winning bidder for such area in a 5G Fund auction, and
certify that the disclosure is accurate;
(3) Describe the Commission licensed spectrum to which the applicant
has exclusive access that the applicant plans to use to meet its public
interest obligations and performance requirements in areas for which it
will bid for support, including whether the applicant currently holds a
license for or leases the spectrum, including any necessary renewal
expectancy, and whether such spectrum access is contingent upon
receiving support in a 5G Fund auction, the license applicable to the
spectrum to be accessed, the type of service covered by the license,
the particular frequency band(s), the call sign, and the total amount
of bandwidth (in megahertz) to which the applicant has access under the
license applicable to the spectrum to be accessed, and certify that the
description is accurate, that the applicant has access to spectrum in
each area for which it intends to bid for support, and that the
applicant will retain such access for at least ten (10) years after the
date on which it is authorized to receive 5G Fund support;
(4) Submit specified operational and financial information;
(i) Indicate whether the applicant has been providing mobile wireless
voice and/or mobile wireless broadband service for at least three years
prior to the short-form application deadline (or is a wholly-owned
subsidiary of an entity that has been providing such service for at
least three years). An applicant for a 5G Fund auction will be deemed
to have started providing mobile wireless broadband service on the date
it began commercially offering service to end users. If the applicant
is applying as a consortium or joint venture, the applicant will be
permitted to rely on the length of time a member of the consortium or
joint venture has been providing mobile service prior to the short-form
application deadline in responding to this question;
(ii) If the applicant has been providing mobile wireless voice and/or
mobile wireless broadband service for at least three years prior to the
short-form application deadline (or is a wholly-owned subsidiary of an
entity that has been providing such service for at least three years),
it must:
(A) Certify that the applicant has been providing mobile wireless voice
and/or mobile wireless broadband service for at least three years prior
to the short-form application deadline (or is a wholly-owned subsidiary
of an entity that has been providing such service for at least three
years),
(B) Specify the number of years it (or its parent company, if it is a
wholly-owned subsidiary) has been providing such service,
(C) Certify that it (or its parent company, if it is a wholly-owned
subsidiary) has submitted mobile wireless voice and/or mobile wireless
broadband data as required on FCC Form 477 and/or in the Digital
Opportunity Data Collection, as applicable, during that time period,
(D) Provide each of the FCC Registration Numbers (FRNs) that the
applicant or its parent company (and in the case of a holding company
applicant, its operating companies) has used to submit mobile wireless
voice and/or mobile wireless broadband data on FCC Form 477 and/or in
the Digital Opportunity Data Collection, as applicable, during that
time period.
(iii) If the applicant has been providing mobile wireless voice and/or
mobile wireless broadband service for fewer than three years prior to
the application deadline (or is not a wholly-owned subsidiary of an
entity that has been providing such service for at least three years),
it must:
(A) submit information concerning its operational history and a
preliminary project description as prescribed by the Commission or the
Office of Economics and Analytics and the Wireline Competition Bureau
in a public notice;
(B) submit a letter of interest from a qualified bank that meets the
qualifications set forth in § 54.1016 stating that the bank would
provide a letter of credit as described in section to the applicant if
the applicant becomes a winning bidder for bids of a certain dollar
magnitude, as well as the maximum dollar amount for which the bank
would be willing to issue a letter of credit to the applicant; and
(C) submit a statement that the bank would be willing to issue a letter
of credit that is substantially in the same form as the Commission's
model letter of credit.
(5) Certify that it will be subject to a forfeiture pursuant to
§ 1.21004 in the event of an auction default; and
(6) Certify that the party submitting the application is authorized to
do so on behalf of the applicant.
(b) Application by winning bidders for 5G Fund support—(1) Deadline.
Unless otherwise provided by public notice, winning bidders for 5G Fund
support shall file an application for 5G Fund support no later than ten
(10) business days after the public notice identifying them as winning
bidders.
(2) Application contents. An application for 5G Fund 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) Updated information regarding the agreements, arrangements, or
understandings related to 5G Fund support disclosed in the application
to participate in competitive bidding for 5G Fund support. A winning
bidder may also be required to disclose in its application for 5G Fund
support the specific terms, conditions, and parties involved in any
agreement into which it has entered and the agreement itself;
(iii) 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;
(iv) 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;
(v) A description of the Commission licensed spectrum to which the
applicant has exclusive access that the applicant plans to use to meet
its public interest obligations and performance requirements in areas
for which it is winning bidder for support, including whether the
applicant currently holds a license for or leases the spectrum, along
with any necessary renewal expectancy, the license applicable to the
spectrum to be accessed, the type of service covered by the license,
the particular frequency band(s), the call sign, and the total amount
of bandwidth (in megahertz) to which the applicant has access under the
license applicable to the spectrum to be accessed, and certification
that the description is accurate, that the winning bidder has access to
spectrum in each area for which it is applying for support, and that
the applicant will retain such access for the entire ten (10) year 5G
Fund support term;
(vi) A detailed project description that describes the network to be
built, 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;
(vii) Certifications that the applicant has available funds for all
project costs that exceed the amount of support to be received from 5G
Fund and that the applicant will comply with all program requirements,
including the public interest obligations and performance requirements
set forth in § 54.1015;
(viii) Any guarantee of performance that the Commission may require by
public notice or other proceedings, including but not limited to the
letters of credit and opinion letter required in § 54.1016, or a written
commitment from an acceptable bank, as defined in § 54.1016, to issue
such a letter of credit;
(ix) Certification that the applicant will offer services in supported
areas at rates that are reasonably comparable to the rates the
applicant charges in urban areas;
(x) Certification that the party submitting the application is
authorized to do so on behalf of the applicant; and
(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 5G Fund
support, after the winning bidder submits a Letter of Credit and an
accompanying opinion letter from its outside legal counsel 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 from its outside
legal counsel 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 5G Fund
support.
Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1014 was
revised, however, paragraphs (a) and (b)(2) have a delayed effective
date.
Goto Section: 54.1013 | 54.1015
Goto Year: 2020 |
2022
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