FCC Web Documents citing 1.65
- http://fcc.gov/pshs/techtopics/techtopics17.html
- power in Watts, or in dBm, a decibel power corresponding to an average transmit power in milliwatts. The antenna gains and cabling losses are reflected in dBi corresponding to the isotropic antenna as opposed to dBd for half-wave dipole antennas. If dBd were used instead, there would be a difference (less) of 2.15 dB since there is a gain of 1.65 (power ratio) when comparing isotropic antennas to half-wave dipole antennas. A dipole antenna has a gain of 1.65 (2.15 dB) above an isotropic. To complete the thought, the product of P[t]G[t] represents the average transmit power times the antenna gain and is referred to as isotropic if the antenna is considered a point source (such that all relationships are considered
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- No. 0003768876 Order Adopted: April 11, 2007 Released: April 13, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Venture Technologies Group, LLC (``VTG''). The Consent Decree terminates an investigation by the Bureau concerning (1) VTG's possible false certifications and violations of the requirements of Sections 1.65 of the Commission's rules in connection with its applications for licenses to cover the construction permits for the above-captioned deleted low power television stations, and (2) possible violations of Section 74.763(b) of the Commission's rules in connection with the operation of those stations. The Bureau and VTG have negotiated the terms of the Consent Decree that resolves this matter. A
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- Bureau, (202) 418-0799. -FCC- ATTACHMENT Additional Filing Instructions and Application Contents for Applications for the 700 MHz Public Safety Broadband License General Filing Instructions Information Current and Complete. Information filed with the FCC must be kept current and complete. The Applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the application(s). See Section 1.65 of the Commission's rules, 47 CFR 1.65. . Incorporation by Reference. You may incorporate by reference documents, exhibits, or other lengthy showings already on file with the FCC only if the information previously filed is more than one 8 '' by 11'' page in length, and all information therein is current and accurate in all significant respects; the reference
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- in Auction No. 86 ) ) ) ) ) File No.: EB-11-IH-0734 NAL/Acct. No.: 201232080004 FRN: 0005209374 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 14, 2011 Released: October 14, 2011 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Vermont Telephone Company, Inc. (``VTel''), apparently violated sections 1.17 and 1.65 of the Commission's rules (``Rules'') by willfully and repeatedly failing to submit accurate revenue information to the Commission and by failing to maintain the continuing accuracy of its application in connection with its participation in Auction No. 86. Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that VTel
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- the violations were due to its employees' lapses and misunderstandings). We note that all applicants for common carrier fixed point-to-point microwave station licenses must certify that ``all statements made in th[e] applications and in the exhibits, attachments, or documents incorporated by reference...are true, complete, correct, and made in good faith.'' See Form 601; General Certification Statements. Furthermore, pursuant to section 1.65 of the Rules, applicants for Commission licenses are ``responsible for the continuing accuracy and completeness of information furnished in a pending application.'' 47 C.F.R. 1.65(a). Rather than providing complete and accurate information, the dates provided by Cricket in its filings led the Commission to believe that the company did not construct or operate until two months after WTB granted
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- nondiscrimination certification requirement. Issued by: Chief, Enforcement Bureau -FCC- . See Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922, 5940 40 (2008). See id. at 5941 49. See id. . See 47 U.S.C. 309(k). See 47 C.F.R. 1.17. See 47 C.F.R. 1.65 (applicants have a continuing obligation to advise the FCC, through amendments, of any substantial and material changes in the information furnished in this application). PUBLIC NOTICE of 2 PUBLIC NOTICE FCC ENFORCEMENT ADVISORY Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 News Media Information 202 / 418-0500 Internet:
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- AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. The Bureau and AST have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us,
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- Feb. 1, 2011). Moreover, all applicants for common carrier fixed point-to-point microwave station licenses must certify that ``all statements made in th[e] applications and in the exhibits, attachments, or documents incorporated by reference...are true, complete, correct, and made in good faith.'' See Form 601 (Application for Wireless Telecommunications Bureau Radio Service Authorization); General Certification Statements. See also 47 C.F.R. 1.65 (Substantial and significant changes in information furnished by applicants to the Commission). See 47 C.F.R. 101.103(d). Under the Commission's licensing procedures, a license is not automatically canceled until the Commission takes an affirmative action to do so as reflected by the ULS. Here the license cancellation was tolled by the Port Authority's timely filed waiver extension request, and the
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- PAI to be and remain Commission licensees. Failure to File Required Forms or Information Under Commission precedent and Sections 4(i), 4(j), 218, 308, and 403 of the Communications Act of 1934, as amended, failure to respond appropriately to a Bureau letter of inquiry constitutes a violation of the Commission's Rules, potentially subjecting the party doing so to serious sanctions. Section 1.65 of the Commission's Rules requires applicants to file substantial and significant changes in information furnished by applicants to the Commission within 30 days of such changes. The record indicates that PAI may have failed to update the Commission regarding substantial and significant changes in information it furnished as a part of its pending construction Waiver Request. In its Waiver Request,
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- NENA, to Marlene Dortch, Secretary, FCC, filed Oct. 17, 2008. Id. Letter from Robert M. Gurss, Regulatory Counsel, APCO, and Brian Fontes, CEO, NENA, to Marlene Dortch, Secretary, FCC, filed Sept. 15, 2010 at 1. See e.g. SouthernLINC Reply Comments to Bureau Public Notice at 15-16; SouthernLINC Reply Comments to Second Bureau Public Notice at 7. Cf. 47 C.F.R. 1.65 (requiring applicants to furnish additional or corrected information within thirty days). Intrado suggests that indoor calls not be treated separately from the location accuracy standards that we adopt here. See Intrado Comments to Bureau Public Notice at 1-2 (asserting that, for example, ``distinctions such as `outdoor use case' [and] `indoor use case' . . . . should not be as
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between the bidders he/she is authorized to represent in the auction. Also, if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm), a violation could similarly occur. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- Transfer of Space Station Licenses of Columbia Communications Corporation, and File No. SES-T/C-20000203-00142, Application for Consent to Transfer of Earth Station License of Columbia Communications Corporation, ARE DISMISSED AS MOOT, to the extent that they seek waiver of Section 25.116(c)(2) of the Commission's rules, 47 C.F.R. 25.116(c)(2), and otherwise ARE GRANTED. IT IS FURTHER ORDERED that pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, GE American Communications, Inc. and Columbia Communications Corp. are afforded 30 days from the date of the release of this Order to amend all applications to reflect the new ownership structure approved in this Order. This Order is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R.
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- the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- Auctions On-Line) of this Public Notice provides instructions for reviewing and downloading round results, and other material related to Auction No. 80 released by the Commission during the course of the auction. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
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- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself,
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- the FCC Form 175 applications, these applicants need take no further action except as may be necessary to maintain the accuracy of their applications.2 Also, applicants are advised that Attachment A includes FCC account numbers that were automatically created by the FCC software system for each applicant, and which are applicable for bidding only. See 47C.F.R. 1.2106. S?47C.F.R. 1.65. 13227 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) resubmit their applications by 6:00 p.m. ET on Monday, July 31,2000,
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- contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Hartigan, Auction Operations at (202) 418-0695 (regarding bidding and general filing status); and Bob Reagle, Analyst, Auction Operations at (717) 338-2807 (regarding bidding). - FCC - See 47 C.F.R. 1.65 and 1.2106. Id. See "Auction of 929 and 931 MHz Paging Service Spectrum; Auction Notice and Filing Requirements for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1591 (rel. August 12, 1999)(``Auction No. 26 Public Notice'') for detailed remittance and upfront payment information. This and other documents, including
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- Auction Rescheduled from August 23, 2000 to August 16, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1100 (released May 18, 2000) (``800 MHz Announcing Public Notice''). See 800 MHz Announcing Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 34, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). See 800 MHz Announcing Public Notice at 9-10; see also ``Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions,'' Public Notice, DA 00-1449 (released June 29, 2000). See 47 C.F.R. 1.2112(b). $ B 0 ` 0 PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD Zv}YAD e/,-%E9
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- staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction of Licenses for the 700 MHz Guard Bands, Scheduled for June 14, 2000, Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band, Minimum Opening Bids and Other Procedural Issues, Public Notice,
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- Guard Band Auction Scheduled for June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. 27.604. Id. See C.F.R. 1.2104(g)(1). See C.F.R. 1.2104(g)(2); see also 1.2109(c). See 47 C.F.R. 1.2112(b). a $ B R 0 ` 0 PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
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- 601 carefully and consult the rules to ensure that, aside from the materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on September 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To
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- an amendment to delete any such licenses from this docket in the event that any of these transactions is consummated before the disposition of the applications in this docket. If, before the initial disposition in this docket, VoiceStream or Powertel files additional applications seeking consent to acquire additional licenses that the Applicants intend will ultimately be controlled by DT, Section 1.65 of the Commission's Rules requires the prompt filing of an amendment in this docket to report the additional applications and the relevant parties' request with respect to ultimate control of those licenses. We will treat any such amendments as minor. Furthermore, if any applications involving VoiceStream or Powertel remain pending when the contemplated mergers with DT are consummated, we will
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- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- status, the applicant should contact the staff attorney identified in the correspondence sent to the contact person by overnight mail. For additional information, contact: M. Nicole Oden, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See 47 C.F.R. 1.2106. See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), and 1.2109(d). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.204; see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form
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- Notice and Filing Requirements for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels; Auction Rescheduled from September 13, 2000 to November 1, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1388 (released June 23, 2000) (``Auction No. 36 Announcing Public Notice''). See Auction No. 36 Announcing Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. See Auction No. 36 Announcing Public Notice at 11-12. 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov D b l | D b l | v
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral or David Hu, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). Id. at
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- and Other Procedural Issues For Final Auction Inventory,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). Auction No. 35 Procedures Public Notice at 29-31. For information on the minimum opening bid for each of the licenses offered in Auction No. 35, see Auction No. 35 Procedures Public Notice, Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. Auction No. 35 Procedures Public Notice at 5-7; see also ``Auction of Licenses for C and F Block Broadband PCS Spectrum; Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 00-2614 (released October 5, 2000) (``Auction No. 35 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,''
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- materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number
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- and a Pentium( 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
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- Monterey County (CA1287), and Elkhorne (area)(CA1386), in Monterey County, California. Complaint at Exhibit 1. The ongoing upgrade of the Gilroy system, which Charter mentions in its Opposition, appears to have been completed during the pendency of this proceeding. After the upgrade was completed, SAH filed a reply when it came into possession of new information regarding the Gilroy system. Section 1.65 of the Commission's rules requires applicants to furnish additional information to the Commission if and when it becomes available. 47 C.F.R. 1.65. Accordingly, we will accept SAH's filing. See 47 U.S.C. 534(h)(1)(C). See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366
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- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- licenses. See Troy State's Applications; Troy State Petition at 2. Troy State Petition at 2. Id. See Centel Cellular Co. of North Carolina Limited Partnership, Memorandum Opinion and Order, 11 FCC Rcd 10800, 10815 21 (1996); MTD, Inc., Memorandum Opinion and Order, 6 FCC Rcd 34, 34 5 (1990). Troy State Petition at 2. See 47 C.F.R. 1.65(a); 47 C.F.R. 101.19(a)(4) (1996); see also Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4706 6 (1991) (signature on an application "provides assurance that the applicant personally reviewed the application and can be held responsible for the truthfulness and accuracy of the statements therein"). Troy State Petition at 3. As stated above, Troy State had
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- licenses. See Troy State's Applications; Troy State Petition at 2. Troy State Petition at 2. Id. See Centel Cellular Co. of North Carolina Limited Partnership, Memorandum Opinion and Order, 11 FCC Rcd 10800, 10815 21 (1996); MTD, Inc., Memorandum Opinion and Order, 6 FCC Rcd 34, 34 5 (1990). Troy State Petition at 2. See 47 C.F.R. 1.65(a); 47 C.F.R. 101.19(a)(4) (1996); see also Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4706 6 (1991) (signature on an application "provides assurance that the applicant personally reviewed the application and can be held responsible for the truthfulness and accuracy of the statements therein"). Troy State Petition at 3. As stated above, Troy State had
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- Auction No. 28, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Friday, February 18, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short- form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of
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- Mercury was violating the anti-collusion rule and sought to disqualify Mercury from bidding in the markets where High Plains was bidding. This filing is consistent with the Commission's motion practice rule, which permits parties to seek relief by filing a motion that states the grounds and authority for the relief sought. We also note that we recently held that section 1.65 of our rules requires an applicant to promptly notify the Commission if the applicant engages in any improper communication of bidding strategy during an auction. If High Plains had failed to notify the Commission of Mercury's bid signaling activities, High Plains could have given the appearance of complicity in Mercury's improper communications and subjected itself to an enforcement proceeding. We
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- other bidding activity, a bidder placing a new bid on a construction permit for which it is the standing high bidder would not keep the auction open under this modified stopping rule. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. Applications should be amended within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street, SW Washington, DC 20554 with a courtesy
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- the applicant should contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auction Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auction Operations (regarding bidding) at (717) 338-2888. - FCC - See 47 C.F.R. 1.65 and 1.2106. Id. See "Auction of Licenses for Fixed Point-to-Point Microwave Services in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Auction Scheduled for April 12, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'')
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- and a Pentium 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staffs position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to:Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau 5752 Federal Communications Commission Room 4-A760 445 12th Street,
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- 2.01 n/a n/a 2.01 n/a n/a 2.87 n/a Italy 1.69 1.68 1.05 2.77 2.74 1.68 n/a n/a 2.41 Ireland n/a 2.44 1.05 n/a 4.60 1.68 n/a 5.75 2.37 Luxembourg n/a 2.23 2.36 n/a 2.23 2.36 n/a 2.23 2.36 Netherlands 2.20 1.30 1.05 2.20 1.78 1.48 2.77 2.29 1.78 Portugal n/a 1.33 1.04 n/a 2.63 1.71 n/a 19.97 2.71 Spain 1.66 1.65 1.04 1.66 1.65 1.67 4.63 4.63 3.22 Sweden 1.84 1.26 0.90 2.36 1.96 1.22 3.27 2.67 1.67 U.K. 0.70 0.68 0.65 1.00 0.97 0.94 1.91 1.88 1.33 Notes: September 1997, $/ECU = 1.0981 May 1998, $/ECU = 1.1096 September 1999, $/EURO = 1.0497 Source: Interconnection Rates: 1997, 1998 from Porte-Parole, Falling Cost of Fixed Networked Telecommunications in Europe, July 1998,
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- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Auctions Legal (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See VHF Public Coast and Location and Monitoring Service Spectrum Auction Scheduled for June 6, 2001; Notice and Filing Requirements for 16 Licenses in the VHF Public Coast and 241 Licenses in the Location and Monitoring Service Auction; Minimum Opening Bids Upfront Payments and Other Procedural Issues, Public Notice, DA 01-746 (rel. March 26, 2001) (``Auction No. 39 Procedural
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- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- Bids, Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-746 (rel. March 26, 2001) (``Auction No. 39 Procedural Public Notice''). See Auction No. 39 Procedural Public Notice at 26-28. For information on the minimum opening bid for each of the licenses offered in Auction No. 39, see Auction No. 39 Procedural Public Notice, Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 39 Procedural Public Notice at 5-7; see also ``Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum; Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 01-1177 (released May 11, 2001) (``Auction No. 39 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum
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- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175. Attachment E ELECTRONIC FILING AND REVIEW OF THE FCC FORM 175 Applicants must submit their FCC Form
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- preclude the initiation of an investigation when warranted.3 However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications.4 By submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
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- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See Auction of Licenses for the 700 MHz Guard Bands Scheduled for February 13, 2001; Auction Notice and Filing Requirements for 8 Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-2571 (rel. November 14, 2000), 65 Fed. Reg. 83024 (``Auction No. 38 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum
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- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- preclude the initiation of an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Boeing Second Amendment at 17. Id. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. . . (citing 47 C.F.R. 2.106,
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 6-7. Id. at 7. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Letter to Michael K. Powell, Chairman,
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 6-7. Id. at 7. Id. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Conforming Amendment at 7. Letter
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- bands 10.7-11.7 and 12.75-13.25 GHz in the fixed-satellite service is limited to international systems, i.e., other than domestic systems''). Motient Petition at 1; GE Americom Second Petition at 1; PanAmSat Petition at 2. GE Americom Second Petition at 5. Id. at 1. Id. PanAmSat Petition at 4. Id. Id. Globalstar Reply at 2-3. Id. at 2. See 47 C.F.R. 1.65. See, e.g., Globalstar Reply at 3-4 (identifying problems with proposed frequencies at 101 W.L. and noting the applicant's willingness to ``pursue . . . alternatives (and/or a different orbital slot)''). See Motient Petition at 2. See Amendment of Parts 2, 22 and 25 of the Commission's Rules to Allocate Spectrum for and to Establish Other Rules and Policies Pertaining to
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). ICO Second Amendment at 9-10. Id. Id. at 10. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. ICO indicates that ``[a]ll
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Iridium Amendment, Exhibit 1. Id. at 1. Id. at 2. Id. Id. at 3-4. Id. at 4. Id. Id. See 47 C.F.R. 1.65 (requiring prompt filing of material additional
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 10-11. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Conforming Amendment at 10. ``GEO'' means geosynchronous Earth orbit.
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- lunar gravitation, solar pressure, or other sources, may, over time, result in an inactive satellite's orbit intersecting the GSO, as defined by the ITU recommendation, even if the initial disposal altitude does not intersect the GSO. The United States licensing authority for commercial launches is the Federal Aviation Administration. See 14 C.F.R. 400 et seq. See 47 C.F.R. 1.65, 25.117(a). See also 2 GHz MSS Order, 15 FCC Rcd at 16179 108 (system modifications requiring prior FCC approval should be identified well in advance of the CDR milestone). Conforming Amendment at 4-5. See, e.g., Amendment to Pending Application of Iridium LLC, SAT-AMD-20001103-00156 (November 3, 2000) at Exhibit 1, p.2. Conforming Amendment at 5. See Recommendation ITU-R S.1003. See
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See Narrowband PCS Spectrum Auction Scheduled for October 3, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-1592 (rel. July 9, 2001), (``Auction No. 41 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See
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- that the risk-sharing agreement at issue in Algreg did not render Cel-Tel's Ohio-5 application defective. On June 5, 2000, Cel-Tel filed a Request for Approval of Settlement Agreement that it had reached with AALA concerning its Missouri 6 application. On March 5, 2001, Jefferson filed a second petition to deny against Cel-Tel's Missouri 6 application, contending that Cel-Tel violated section 1.65 of the Commission rules by failing to amend its Ohio 5 application during the Algreg Proceeding to reflect its selection for Missouri 6. Jefferson also filed a Petition for Reinstatement of its initial Missouri 6 application. III. Discussion In Petition I, Jefferson argues that Cel-Tel's Missouri 6 application should be denied or, in the alternative, designated for hearing to determine
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- in satisfaction of the court's mandate in Qualcomm Inc. v. FCC, 181 F.3d 1370 (D.C. Cir. 1999). Summit notified the Commission of its intent to apply $10,848,800 of the Voucher against the final payment due on the License. As provided in the Voucher Order, Summit may be obligated to update the information provided in its long-form application, pursuant to sections 1.65, 1.2110 and 1.2112(b)(2) of the Commission's rules. The August 22 Prepared to Grant Public Notice remains in full force and effect, including the payment obligations, procedures and deadlines set forth therein, except as such obligations and procedures may be affected, solely with respect to Summit, by Summit's application of the Voucher. See Wireless Telecommunications Bureau Announces It is Prepared to
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- control and ownership of the Americom Licenses falls within the provisions of Section 25.116(c)(2). Thus, we will exempt GE Americom's pending application from our cut-off rules, and will continue to consider this application concurrently with others in the processing group. GE Americom should amend its pending application to reflect the transaction approved by this Order and Authorization consistent with Section 1.65 of our rules. CONCLUSION In view of the forgoing, we find that granting the Transfer Application will serve the public interest, convenience, and necessity by increasing competition in the satellite services market to the benefit of U.S. consumers. Accordingly, we grant the application of GE Capital and SES Global for consent to the transfer of control of the Americom Licensees'
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- all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 12, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g), 1.2107(c). Number
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- Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592 (rel. July 9, 2001) 66 FR 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at 26-28. For information on the minimum opening bid for each of the licenses offered in Auction No. 41, see Auction No. 41 Procedures Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. Auction No. 41 Procedures Public Notice at 5-7. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Auction No. 41 Procedures Public Notice at 4-5. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal
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- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Erik Salovaara, Auctions Legal Branch (regarding legal questions) or Jeff Crooks, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. The Mellon Bank fascimile number previously listed in the Auction No. 40 Procedures Public Notice has been modified. See Lower and Upper Paging Bands Auction Scheduled for June 26, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-850 (rel. April 9, 2001) 66 Fed. Reg. 21143 (``Auction No. 40 Procedures
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- KXLA or its Mt. Wilson facilities. We note that KRPA moved its transmitting facilities to Mt. Wilson almost a month before the Bureau issued its Order and began operating as KXLA from its new location two weeks before August 27, 2001. Despite the pendency of its petition, KRPA failed to notify the Bureau of the changes, as required by Section 1.65 of the Commission's rules. Based on the foregoing, we grant Mediacom's Request for Stay until the Bureau has had an opportunity to review Mediacom's Petition for Reconsideration (``Petition''), which it filed concurrently with this Request. Section 1.102(b)(2) of the Commission's rules provides that if a petition for reconsideration of a non-hearing action is filed, the designated authority, may in its
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- 01-2387 (rel. Oct. 22, 2001) (``Third Auction No. 40 Due Diligence Public Notice''). Auction No. 40 Procedures Public Notice at 28-31, 16 FCC Rcd at 7687-90. For information on the minimum opening bid for each of the licenses offered in Auction No. 40, see Auction No. 40 Procedures Public Notice, Attachment A, 16 FCC Rcd at 7698-7731. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. Auction No. 40 Procedures Public Notice at 7-8, 16 FCC Rcd at 7666-67; First Auction No. 40 Due Diligence Public Notice; Second Auction No. 40 Due Diligence Public Notice; Third Auction No. 40 Due Diligence Public Notice. Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). Auction No. 40
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- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- Supra, none of the subject licenses for which it was the high bidder ever appeared on the Accepted for Filing PN from Auction No. 26. See 929 and 931 MHz Paging Auction Applications Accepted for Filing, Public Notice, DA 00-508 (rel. May 11, 2000). 47 C.F.R. 1.2105(b)(2). See id. See 47 C.F.R. 1.2105(c)(5); see also 47 C.F.R. 1.65. See Form 601, dated March 20, 2000, filed by Supra. 47 C.F.R. 1.2105(b)(2), (c)(2). 47 C.F.R. 1.2109(c). See 47 C.F.R. 1.2104(g), 1.2109(b). See 47 C.F.R. 1.2109(b), 1.2104(g). The default payment amount, in the event a bidding credit applies, is calculated on the difference between the net bid amounts or the gross bid amounts, whichever is less.
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- date of authorization, and within 30 days of consummation, notify the Commission by letter of the date of consummation. IT IS FURTHER ORDERED that the requirement in paragraph 65 of the Order and Authorization that GE Capital and SES Global amend pending applications within 30 days of release of the Order and Authorization is removed AND that, pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, GE Capital and SES Global must, within 30 days of consummation of the transfer of control of GE Capital's holdings in GE Americom and Columbia Communications Corporation to SES Global, amend all pending applications to reflect the new ownership structure approved in this Supplemental Order. IT IS FURTHER ORDERED that with respect to
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- to TV Active at the address then contained in the Commission's records, which was in care of its then counsel. Opposition at 3-4. While TV Active asserts that the address was more than two years out of date, Reply at 3-4 n.8, the responsibility for updating the information in the Commission's records is TV Active's. See 47 C.F.R. 1.5, 1.65. Arecibo, 101 FCC 2d at 549 n.12. Id. Id. at 549 10. Id. In re Application of O.D.T. International, Memorandum Opinion and Order, 9 FCC Rcd 2575 (1994). Id. at 2576 7. Id. at 2576 8. In re Application of Dale J. Parsons, Memorandum Opinion and Order, 10 FCC Rcd 2718 (1995) (Parsons), aff'd per curiam, 93
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- Other Procedural Issues,'' Public Notice, DA 00-2571 (rel. November 14, 2000) 65 Fed. Reg. 83024 (``Auction No. 38 Procedures Public Notice''). See Auction No. 38 Procedures Public Notice at 25. For information on the minimum opening bid for each of the licenses offered in Auction No. 38, see Auction No. 38 Procedures Public Notice, Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 38 Procedures Public Notice at 8-9; see also ``Auction of Licenses for 700 MHz Guard Bands; Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 01-138 (released January 19, 2001) (``Auction No. 38 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice,
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- individual acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between the bidders he/she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- Guard Band Auction Scheduled for June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. 27.604. Id. See C.F.R. 1.2104(g)(1). See C.F.R. 1.2104(g)(2); see also 1.2109(c). See 47 C.F.R. 1.2112(b). a $ B R 0 ` 0 PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
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- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic areas. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- it can disburse refunds. See 31 U.S.C. 3720B, et seq. See 47 C.F.R. 1.2105(c). The Debt Collection Improvement Act of 1996 requires the Commission to obtain a Taxpayer Identification Number (TIN) before it can disburse refunds. See 31 U.S.C. 3720B, et seq. See 47 C.F.R. 1.2105(b)(2). See id. See 47 C.F.R. 1.2105(c). 47 C.F.R 1.65. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 r s t F PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- identified on the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for the same construction permit(s). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- potential vertical integration and programming discrimination issues that the Vivendi Investment raises. EchoStar informed the Commission of the Vivendi Investment on December 18, 2001. EchoStar, in its Opposition, argues as a procedural matter that because the Vivendi Investment only involves a minority investment, it does not constitute a ``substantial change'' to the Application warranting submission of additional information under section 1.65 of our rules. Further, even if the Vivendi Investment does constitute a substantial change, EchoStar argues that it does not yet have a duty to disclose it. Such duty, EchoStar submits, only accrues 30 days after the investment's consummation. Nonetheless, EchoStar states that ``[i]n the spirit of full and timely disclosure . . . [it] filed . . . [the
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- the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to the application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- agency approval to implement simple accounting rate changes. The rule also enables the Commission to monitor the international accounting rates of carriers to ensure consistency with agency policies and the public interest. Legal Basis: 47 USC 154, 201, 211. Section Number and Title: 64.1001 International settlements policy and modification requests. Rule Year Added Bureau or Office 1.17 1990 EB 1.65(c) 1990, 1991 EB 1.80(a)(4), (b)(3) 1990 EB 1.791 1990 CCB 1.824 1991 MMB 1.931(a) 1991 WTB attachments SUBPART I - PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 Brief Description: These rules implement the National Environmental Policy Act of 1969, including actions that may have a significant impact on the environment and require the preparation of an Environmental Assessment
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- or settlements unless they have identified each other as parties with whom they have entered into agreements under Section 1.2105(a)(2)(viii). For Auction No. 32, this prohibition became effective at the short-form application filing deadline on Tuesday, February 1, 2000, and will end on the post-auction down payment deadline, which will be announced in a future public notice. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the proposed assignment. We conclude that any authorizations issued during the pendency of this proceeding or filed after the Applications and still pending at the time of the release of this Order and Authorization should be deemed to be covered by this Order and Authorization to the extent that the pending applications are listed in Appendix C. Consistent with section 1.65 of the Commission's rules, Applicants should amend any current pending applications to reflect the transaction approved by this Order and Authorization. conclusion In view of the foregoing, we find that granting the applications to assign the licenses and authorizations listed in Appendix B to Intelsat LLC and Intelsat USA License Corp. will serve the public interest, convenience, and necessity consistent
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 4, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- individual acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between the bidders he/she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- those parties must be identified on the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other competing applicants. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other competing applicants. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- parties must have been identified on the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other competing applicants. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- Petition at 4-5. See BellSouth Reply, Attachment 1, Affidavit of Rudine J. Davis (attesting that each collocating entity was sent a copy of BellSouth's petition and an excerpt from attachment 3 to the petition indicating the wire center(s) in which that entity was collocated). See also 47 C.F.R. 1.774. BellSouth Reply at 4 n.6. See 47 C.F.R. 1.17, 1.65(a). Joint Commenters at 7. Id. at 7-8 BellSouth Pricing Flexibility Order, 15 FCC Rcd at 24596. BellSouth Pricing Flexibility Order, 15 FCC Rcd at 24596. AT&T contended that BellSouth erroneously listed AT&T as a collocator for two wire centers. In response, BellSouth provided an affidavit in support of its claim that AT&T did in fact collocate in one of the
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- (888) 835-5322. -FCC- See Consolidated Application of EchoStar Communications Corporation, General Motors Corporation, Hughes Electronics Corporation, Transferors, and EchoStar Communications Corporation, Transferee, for Authority to Transfer Control, December 3, 2001 (``December 2001 Filing''); Letters to William F. Caton, Acting Secretary, Federal Communications Commission from Pantelis Michalopoulos, Counsel for EchoStar and Gary Epstein, Counsel for Hughes providing information pursuant to Section 1.65 of Commission Rules, filed December 18, 2001 and February 21, 2002 (``December 2001 Amendment Letter'' and ``February 2002 Amendment Letter''). The term, ``Transfer of Control Application,'' includes the December 2001 Filing, December 2001 Amendment Letter, and February 2002 Amendment Letter. EchoStar Satellite Corporation and Hughes Electronic Corporation, Application for Authority to Launch and Operate NEW ECHOSTAR 1 (USABBS-16), S2435, File
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- omissions in any application, pleading, report, or other written statement submitted to the Commission. 47 C.F.R. 1.17. Thus, we take notice of these admissions in evaluating Mountain Solutions' long-form applications. However, we also note that Mountain Solutions failed to notify us directly of its changed financial circumstances, as it was required to do by Commission rules. 47 C.F.R. 1.65 (``Whenever there has been a substantial change as to any . . . matter which may be of decisional significance in a Commission proceeding involving the pending applications, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, submit a statement furnishing such additional or corrected information as may be appropriate.
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- on the short-form application under Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for the same MX Group. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 requires an auction applicant to notify the Commission of any violation of the anti-collusion
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- the cable space is made available since billing for these elements commences one the space is turned over.'' Verizon March 13 ex parte at 2. Verizon March 13 ex parte at 2. Verizon Reply Comments at 5-6. BellSouth Pricing Flexibility Order, 15 FCC Rcd at 24595-96 16. Id. Id. Id. at 24596 17. See 47 C.F.R. 1.17, 1.65(a). See Pricing Flexibility Order, 14 FCC Rcd. at 14221 86. See id. at 14266-67 81 n.221 (examples of various charges associated with collocation arrangements, both recurring and non-recurring). See 47 C.F.R. 1.774(e)(1)(ii). See supra note 38 and accompanying text. 47 U.S.C. 214. In response to inquiries by Bureau staff, Verizon filed an ex parte on March
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- Opinion and Order, 16 FCC Rcd 5040, 5052 (2001). Focal/Pac-West Comments at 7. Pricing Flexibility Order, 14 FCC Rcd at 14266, para. 82, para. 93 n.257. Focal/Pac-West Comments at 8. See also AT&T Comments at 3. Id. BellSouth Pricing Flexibility Order, 15 FCC Rcd at 24596. Joint Reply at 6. See 47 C.F.R. 1.774. See 47 C.F.R. 1.17, 1.65(a). Pac-West Comments at 8. Pacific Bell Reply at 6. Pricing Flexibility Order, 14 FCC Rcd at 14309. 47 C.F.R. 1.774(a)(3)(i)-(iv)(A). For price cap LECs, the ``base period'' is the 12-month period (i.e., the calendar year) ending 6 months before the effective date of the LECs' annual access tariffs. 47 C.F.R. 61.3(g). 47 C.F.R. 1.774(a)(3)(i)-(iii), (iv)(B). Ameritech Petition,
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- with the requirements in place at the time, i.e., site-by-site, frequency-by-frequency, the Commission gave eligible wide-area licensees the option of complying with the terms of their EI authorization or applying the more flexible Economic Area (``EA'') construction requirements to their wide-area systems). Id. at 21,686, 13. See Petitions at 5. See 47 C.F.R. 90.693. See 47 C.F.R. 1.65 (a) (``Each applicant is responsible for the continuing accuracy and completeness of the information furnished in a pending application.''). See also FCC Form 601 General Certification Statements (3) (``The applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct,
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic areas. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- those parties must have been identified on the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 application. The applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An incomplete or defective application may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 16, 2003, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and
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- reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 13, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on July 2, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering any of the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- be identified on the short-form application pursuant to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering any of the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- 14 Letter at 2. . Petition at 5. Petition at 2 citing Build-out Waiver Order 13. Id. Id. See 47 C.F.R. 1.946(d). Id. Petition at 5-6 and n.13. A licensee is also obligated to update its records before the Commission and to make certain that the information submitted thereto is timely, complete and accurate. See 47 C.F.R. 1.65 (stating that each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application). See 47 C.F.R. 101.305. See supra 9. Petition at 3. Because the ULS will treat the notices of construction as late-filed, for purposes of processing the call signs subject to this Order and consistent with our ministerial duties, we
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- authorization, was filed by Loral SpaceCom Corporation on May 7, 2003. On July 15, 2003, Loral Space & Communications Ltd. and certain of its subsidiaries, including Loral SpaceCom Corporation, filed for voluntary bankruptcy under Chapter 11, Title 11 of the United States Code, in the United States Bankruptcy Court for the Southern District of New York. Accordingly, pursuant to Section 1.65 of the Commission's rules, Loral SpaceCom Corporation informed the Commission that for purposes of the above-referenced proceeding, it is now Loral SpaceCom Corporation (Debtor-in-Possession). See Letter to Marlene H. Dortch, Secretary, FCC, from Philip L. Verveer, Counsel for Loral SpaceCom Corporation (Debtor-in-Possession) dated July 25, 2003. In addition, pursuant to Section 25.119 of the Commission rules, Loral SpaceCom Corporation sought
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- parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in any of the same or overlapping geographic areas. By signing their FCC Form 175 short-form applications, applicants certified their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in any of the same or overlapping geographic areas. By signing their FCC Form 175 short-form applications, applicants certified their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- relating to Vicksburg's proposal will not be discussed and the counterproposal is dismissed. In accordance with Section 1.420(j) of the Commission's Rules, Vicksburg submitted a statement that it has not received any consideration, directly or indirectly, in exchange for the withdrawal of its counterproposal. After the record closed CivCo, Inc., (successor-in-interest to Civic License Holding Company, Inc.) filed a Section 1.65 Supplement and Blailock filed a response. CivCo filed its late-filed comments pursuant to the provisions outlined in Section 1.65 of the Commission's rules. Section 1.65 permits the filing of information that indicates a substantial change of decisional significance in a pending application in a Commission proceeding. Civic's pleading includes a DTV Interference Agreement between Civic, LibCo, licensee of station KAIT(TV),
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with its FCC Form 601 applications. The applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 16, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 17, 2003, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
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- instant Applications does not purport to affect ACNI's international section 214 authorization. In all other respects, we deny the relief ACNI requests. In this regard, we deny ACNI's suggestion that we inquire further into the proceedings conducted by the U.S. bankruptcy court and CFIUS, as well as the alternative suggestion that we dismiss the Applications for failure to meet section 1.65 or 1.747 of the Commission's rules. We find without merit ACNI's arguments against the First Amendment filed by the Applicants. Further, we find without merit ACNI's argument that the Second Amendment filed by Applicants, now moot, was a major amendment requiring additional notice and comment. Additionally, we find no merit in ACNI's argument that Applicants are in violation of the
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering any of the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- as Adobe(R) Acrobat(R) (pdf) or Microsoft(R) Word documents. A separate copy of the letter should be faxed to the attention of Kathryn Garland at (717) 338-2850. Questions about other changes should be directed to Ken Burnley of the Auctions and Industry Analysis Division at (202) 418-0660. Maintaining Current Information in FCC Form 175. Applicants have an obligation under 47 C.F.R. 1.65, to maintain the completeness and accuracy of information in their short-form applications. Amendments reporting substantial changes of possible decisional significance in information contained in FCC Form 175 applications, as defined by 47 C.F.R. 1.2105(b)(2), will not be accepted and may in some instances result in the dismissal of the FCC Form 175 application. (5) Electronic Review of FCC Form
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- 301 File Number(s) and additional Miscellaneous Information: Applicants must specify the CDBS-assigned file number of the window-filed Form 301 application(s) at Exhibit F. Applicants wishing to submit any additional information may do so in Exhibit F. NOTE: Applicants should not list their TIN numbers on any Exhibits to their FCC Form 175 See 47 C.F.R. 1.2105(b). See id. 1.65. See id. 1.2105(a)(2)(viii). See id. 1.2105(a)(2)(ix). See id. 1.2105(c). See id. 73.5007 and 73.5008. See id. 73.5007(a). See id. 73.5007(b). See Minnesota Christian Broadcasters, Inc., 18 FCC Rcd 614 (2003). 47 C.F.R. 1.2110 was amended in Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, 15 FCC Rcd 15293 (2000).
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- as Adobe(R) Acrobat(R) (pdf) or Microsoft(R) Word documents. A separate copy of the letter should be faxed to the attention of Kathryn Garland at (717) 338-2850. Questions about other changes should be directed to Ken Burnley of the Auctions and Industry Analysis Division at (202) 418-0660. Maintaining Current Information in FCC Form 175. Applicants have an obligation under 47 C.F.R. 1.65, to maintain the completeness and accuracy of information in their short-form applications. Amendments reporting substantial changes of possible decisional significance in information contained in FCC Form 175 applications, as defined by 47 C.F.R. 1.2105(b)(2), will not be accepted and may in some instances result in the dismissal of the FCC Form 175 application. (5) Electronic Review of FCC Form
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- Form 349 File Numbers and additional Miscellaneous Information: Applicants must specify the CDBS-assigned file number of the Form 349 application(s) at Exhibit F. Likewise, applicants wishing to submit additional information may do so in Exhibit F. NOTE: Applicants should not list their TIN numbers on any Exhibits to their FCC Form 175 See 47 C.F.R. 1.2105(b). See id. 1.65. See id. 1.2105(a)(2)(viii). See id. 1.2105(a)(2)(ix). See id. 1.2105(c). See id. 73.5007 and 73.5008. See id. 73.5007(a). See id. 73.5007(b). See Minnesota Christian Broadcasters, Inc., FCC 03-5 (rel. Jan. 17, 2003). 47 C.F.R. 1.2110 was amended in Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, 15 FCC Rcd 15293
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- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3739A1.txt
- permittees and licensees may have experienced difficulties in timely filing amendments, settlements, contracts, and applications for licenses. The Bureau will waive these requirements in appropriate circumstances. For further information, contact the Audio Division at 418-2700 or the Video Division at 418-1600. Adopted by Chief, Media Bureau - FCC - See 47 C.F.R. 73.3516 (e) (1). See 47 C.F.R. 1.65, 73.3525, 73.3615, and 73.3598. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h! h @ ^gd gd gd! gd! - ! h! h h ^gd gd! h! PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in any of the same or overlapping geographic areas. By signing their FCC Form 175 short-form applications, applicants certified their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-567A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-567A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-567A1.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
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- WPOJ524 (Albuquerque, NM-AZ), WPOJ525 (Phoenix-Mesa, AZ-NM), and WPOJ526 (Tucson, AZ). We note that applications for the full assignment of the licenses for Call Signs WPOJ517, WPOJ518, WPOJ519, WPOJ520, and WPOJ522, and the partitioning of the licenses for Call Signs WPOJ514 and WPOJ523 were recently approved. See Public Notice, Rep. No. 1756 (WTB rel. Feb. 25, 2004); see also Havens Section 1.65 Report (filed Apr. 13, 2004). Because our licensing records at the time of the adoption of this Order indicate that the assignments have yet to be consummated, Havens remains the licensee of record, and the request therefore remains pending with respect to all thirteen licenses. 47 C.F.R. 80.5; Amendment of the Commission's Rules Concerning Maritime Communications, Third Report and
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- of bids or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1513A1.txt
- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1638A1.txt
- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same designated market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-16A1.txt
- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application. Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1727A1.txt
- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1.txt
- of bids or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1957A1_Erratum.doc
- of bids or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2086A6.txt
- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on February 17, 2004, and fails to establish good cause for any late-filed submissions, shall
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below; all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 16, 2004, and fails to establish good cause for any late-filed submissions, shall
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- train its employees regarding compliance with the technical requirements of Part 18 of the FCC's Rules in the design and manufacture of ultrasonic devices; (b) train its employees regarding compliance with Part 2 of the FCC's Rules regarding the sale, marketing, and distribution of ultrasonic devices; (c) train its employees regarding compliance with the obligation pursuant to Sections 1.17 and 1.65 of the FCC's Rules to ensure and maintain the accuracy and completeness of any materials or information provided to the FCC; and (d) train its employees regarding the requirements of the Consent Decree. 4. Disciplinary Action If, after an internal investigation and based upon a preponderance of the evidence, Blackstone~NEY concludes that one of its employees has intentionally made any
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- to Transfer Control of FCC Licenses and Authorizations Held by PanAmSat Licensee Corp., Pleading Cycle Established, IB Docket No. 04-209, Public Notice, DA 04-1605 (Int'l Bur. June 2, 2004). No comments were filed in response to the June 2, 2004 public notice. Moreover, we received no comment from the Executive Branch after advising it of the Applications. Pursuant to section 1.65 of the rules, 47 C.F.R. 1.65, on June 24, 2004, Applicants updated the information provided in the Applications. See Letter from Counsel for Applicants to Secretary, Federal Communications Commission, IB Docket 04-209 (dated June 24, 2004) (``June 24 Letter'') (adding two new officers). See, e.g., Application of The News Corporation Limited and The DIRECTV Group, Inc. (Transferors) and Constellation,
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-278A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-278A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-278A1.txt
- agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with any other applicants. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1.txt
- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2948A1_Erratum.doc
- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on October 1, 2004, and fails to establish good cause for any late-filed submissions, shall
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- (``US West''). In that case, US West, an auction participant, disclosed and discussed its bidding strategy to, and cooperated with, a competing auction participant during the auction, and failed to timely notify the Commission of the prohibited disclosure, discussion and arrangement. As a consequence, the Commission imposed a $1,200,000 forfeiture against US West for its violations of sections 1.2105(c) and 1.65 of the Commission's rules. Response at 7. Response at 9-10. Id. at 8. 47 U.S.C. 312(f)(1). H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991). Id. at 10. As described in the NAL, from the auction-related communications that
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- Association, Cathedral of the Cross, Christian Ministries of the Valley, Community Radio, Inc., Educational Media Foundation, Family Stations, Inc., Illinois State University, Marfa Radio, Inc., Minn-Iowa Christian Broadcasting, Inc., Relevant Media, Inc., and World-Wide Missions, Inc. (collectively ``Petitioners''). 47 C.F.R. 1.2105(b)(2). See Letter to American Family Association, et al., DA 04-3037 (WTB/MB Sept. 22, 2004). See 47 C.F.R. 1.65 (substantial and significant changes in information furnished to the Commission); 1.2105(c)(6) (any applicant that makes or receives a prohibited communication shall report such communication in writing to the Commission no later than five business days after the communication occurs). See 47 C.F.R. 1.65, 1.2105. See Auction No. 37 Procedures Public Notice, 19 FCC Rcd at C-2. Other applicants seeking
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- attributable interest in any radio stations in the same market. Amendments and waiver requests must be submitted within 30 days of the release of this Public Notice. The failure to submit a waiver request for an application that does not comply with the new rules will result in the application's dismissal. All applications will retain originally assigned file numbers. Section 1.65 Amendments. The Bureau waives Section 1.65 of the rules to permit the filing of amendments to previously frozen applications. Amendments concerning significant and substantial changes in the information furnished in these applications must be filed within two weeks of the release of this Public Notice. AM Auction No. 84 Singleton Applications. The deadlines established by the Media Bureau for the
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- (See File No. SAT-T/C-20040924-00190.) SAT-T/C-20040924-00190E Effective Date: 10/01/2004 TO: No. of Station(s) listed:26 Constellation, LLC et al Grant of Authority FROM: Current Licensee: Constellation, LLC et al. PanAmSat Licensee Corp. Transfer of Control PanAmSat Licensee Corp. Pro Forma Transfer of Control, granted October 1, 2004. Dismissal ITC6664 SAT-STA-19970318-00025 INTERNATIONAL TELELPHONE & SATELLITE CORPORATION Dismissed pursuant to Section 25.152(b) and Section 1.65 of the Commission rules (47 CFR Sec. 25.152(b) and 47 CFR Sec. 1.65). for failure to prosecute and failure to keep information on pending application accurate and complete. Page 2 of 3 For more information concerning this Notice, contact the Satellite Division at 202-418-0719; TTY 202-418-2555. INFORMATIVE S2490 SAT-LOA-20030827-00177 EchoStar Satellite L.L.C. Echostar Satellite L.L.C. (formerly EchoStar Satellite Corporation) has
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a bidding agreement, arrangement
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- on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. See Department of Justice, Federal Bureau of Investigation, and Department of Homeland Security, Petition to Adopt Conditions to Authorizations and Licenses, IB Docket No. 04-247 (dated Oct. 13, 2004). 47 C.F.R. 0.261. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See 47 C.F.R. 25.137(g). See 47 C.F.R. 1.103. See 47 C.F.R. 1.106, 1.115. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h h h gd PNG r
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- on national security and law enforcement issues. See Foreign Participation Order, 12 FCC Rcd at 23919-921, 61-66. See Department of Justice, Federal Bureau of Investigation, and Department of Homeland Security, Petition to Adopt Conditions to Authorizations and Licenses, IB Docket No. 04-247 (dated Oct. 13, 2004). 47 C.F.R. 0.261. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See 47 C.F.R. 25.137(g). See 47 C.F.R. 1.103. See 47 C.F.R. 1.106, 1.115. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h h h h gd PNG r
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- of consummation of the proposed assignment. We conclude that any authorizations issued to Loral Satellite, Inc. and Loral SpaceCom Corporation during the pendency of this proceeding or filed after the Assignment Application and still pending at the time of the release of this Order and Authorization should be deemed to be covered by this Order and Authorization. Consistent with Section 1.65 of the Commission's rules, Applicants should amend any current pending applications, as well as pending applications that may be acted on between the release date of this Order and Authorization and the consummation date, to reflect the transaction approved by this Order and Authorization. We note that the Commission added Loral SpaceCom's Telstar 13 satellite, which is licensed by Papua
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- E990065 KA434 E020321 E910390 E990066 KA81 E020322 E910548 E990067 KB23 E020323 E910614 E990068 E040232 E020324 E910639 E990069 E040249 E030294 E920028 E990305 E040193 E2505 E920490 E990325 E040377 E2651 E920585 E990328 E040378 E5199 E930018 E990352 */ As required by Commission rules, pending applications related to any license and authorization listed herein should be amended to reflect this assignment. See 47 C.F.R. 1.65. II. Private Wireless Licenses A. Local Television Transmission Service KA86423 KA86437 WLT642 WMN599 Private Land Mobile Radio Service WPGT853 Private Operational-Fixed Microwave Service WPJA875 WPJA876 WTOP624 47 U.S.C. 310(d). See File Nos. SES-ASG-20040503-00672, SES-ASG-20040503-00673 (SES-ASG Applications), Exhibit C at 2. SES-ASG Applications, Exhibit C at 2-3. In re Verestar, Inc. et al., Case No. 03-18077 (Bankr. S.D.N.Y.). See Verestar
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- accept applications for the AMTS auction. The AMTS auction was completed on September 15, 2004. III. DISCUSSION In both of the instant petitions, Havens argues that we can take action on his applications because they are still pending, given that the dismissal of the applications has been subject to both administrative and judicial appeals. We disagree. Havens relies on Section 1.65 of the Commission's Rules, which states that an application ``is `pending' before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court.'' We note, however, that this definition of ``pending'' expressly applies only
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- See PLNI Comments at 2. See PLNI Comments at 7-9. See PMSI Reply, WC Docket No. 04-234 (filed Aug. 6, 2004). Reply Comments were due on August 5, 2004. The Wireline Competition Bureau accepted the applicants' late-filed reply or written non-ex parte presentation. See PMSI Reply at 2-4. See Grant Notice at 2. Id. We note that, pursuant to section 1.65 of the Commission's rules requiring applicants to update the record in a pending application, PMSI submitted to the instant docket a copy of a Petition for Declaratory Ruling that was filed with the International Bureau. See Petition of Paradise MergerSub, Inc. for a Declaratory Ruling Pursuant to Section 310(b)(4) of the Communications Act of 1934, as amended, WC Docket No.
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-4009 Released: December 22, 2004 SECTION 1.65 Amendment deadline established for noncommercial educational FM and FM translator station APPLICANTS A. Introduction. In the near future, the Media Bureau (``Bureau'') will begin evaluating pending groups of mutually exclusive applications to construct new noncommercial educational (``NCE'') FM and FM translator stations under the new NCE comparative standards. Under these standards, the Commission uses a ``point system'' to determine the
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- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant who fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 16, 2004, and fails to establish good cause for any late-filed submissions, shall
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- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- application. Some applicants, permittees and licensees may have experienced difficulties in timely filing amendments, settlements, and contracts. The Bureau will waive these requirements in appropriate circumstances. For further information, contact the Audio Division at 418-2700 or the Video Division at 418-1600. Adopted by Chief, Media Bureau - FCC - See 47 C.F.R. 73.3516 (e) (1). See 47 C.F.R. 1.65, 73.3525 and 73.3615. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h @ @ @ ^ _ ^gd gd gd! gd! h! h h h h! ] ^ h h!
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- we find that the Applicants' request for authority to transfer control of the above mentioned filings should be deemed to be covered by the January 2004 Order, in which the Commission found that, subject to certain conditions, the transfer of authorizations and licenses held by Hughes and its subsidiaries to News Corp. is in the public interest. Consistent with Section 1.65 of the Commission's rules, Applicants should amend any current pending applications, as well as applications that were acted on between the filing date of the Transfer Application and the consummation date, to reflect the transaction as approved by the Commission in its January 2004 Order. ORDERING CLAUSES IT IS HEREBY ORDERED pursuant to sections 4(i) and 4(j), 214(a), 214(c), 309,
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- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- Rcd 24820 (Int'l Bur., Wireless Bur., and OET, 2004). Assignment Application, Exh. B at 1. Assignment Application, Exh. B at 1. Assignment Application, Exh. B at 1. Satellite Communications Services Re: Satellite Radio Applications Accepted for Filing, Public Notice, SES-00680 (Jan. 26, 2005). HNS, Inc. and/or its subsidiaries and SkyTerra also filed updates to their assignment applications pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, on January 10, February 24, and March 16, 2005. 47 C.F.R. 1.46(a). See also, e.g., RCA Global Communications, Inc., Memorandum Opinion, Order, and Authorization, 3 FCC Rcd 2814, 2816 n.3 (Com. Car. Bur., 1988)(denying petition to accept late-filed pleading). See also National Science And Technology Network, Inc., Memorandum Opinion and Order,
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- similarly could occur. By electronically submitting their FCC Form 175 short-form applications, applicants certified their compliance with Sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on June 9, 2005, and fails to establish good cause for any late-filed submissions, shall
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- reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same designated market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- and conditions specified herein. Conclusion . ordering clauses of this Order and Declaratory Ruling. Failure to comply with all relevant Commission rules, policy, or the specific conditions of the grant of the Petition for Declaratory Ruling could subject the Petitioner to enforcement action, including but not limited to the imposition of forfeitures. IT IS FURTHER ORDERED that, pursuant to section 1.65 of the Commission's rules, 47 C.F.R. 1.65, the Petitioner is afforded 30 days from the date of release of this Order and Declaratory Ruling to amend any pending applications in connection with the instant Petition to reflect the approval in this Order and Declaratory Ruling. This Order and Declaratory Ruling is issued pursuant to authority delegated by section 0.261
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- been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- an expedited hearing limited solely to the issue of sharing time.'' In its Petition, PBE asserts that KTM's competing application must be dismissed under Section 73.3573 of our rules because KTM's ownership allegedly changed significantly during the pendency of that application. Moreover, PBE argues that insofar as KTM failed to notify the Commission of such ownership changes, KTM violated Section 1.65 of the rules. In addition, notwithstanding the fact that WVPH(FM)'s license term under review ended on June 1, 1998, PBE proffers that the station has operated on a full-time schedule since May 1999 and that its license should therefore be renewed without the imposition of an involuntary time sharing arrangement. Citing Commission decisions, PBE also argues that Section 73.561(b) does
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- part of our consideration of the Voice application. Substantive Issues. In its Informal Objection, Duke argues that the proposed WCVO(FM) antenna site location was ``proximate to historic properties'' and could not be processed further in the absence of an Environmental Assessment (``EA'') pursuant to Section 1.1307 of the Commission's rules. Duke also argues that Voice had an obligation under Section 1.65 of the Commission's rules to submit an EA within 30 days of the Commission's release of a Report and Order implementing the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (``NPA''). Duke states that this alleged violation of Section 1.65 is itself the basis for forfeiture or denial of the application. In its Opposition, Voice
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on August 19, 2005, and fails to establish good cause for any late-filed submissions, shall
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- station. For all these reasons, CCY argues, the Commission should reinstate its application. In a footnote, CCY notes that its name has changed to ``Calvary Chapel Yakima Valley'' since its application was filed, and that it inadvertently failed to inform the Commission of this fact. In light of this failure CCY requests, to the extent necessary, a waiver of Section 1.65(a) of the Commission's rules. CCY formally and voluntarily identifies itself with the Calvary Chapel organization and has submitted an application substantially identical to those of other Calvary Chapel applicants. While these facts are highly probative on the issue of whether CCY should be treated as a ``local chapter'' of Calvary Chapel, we need not resolve that matter here. We agree
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- 37 Form 175 filing deadline (and over two months before release of the Auction No. 37 Qualified Bidders Public Notice and three months prior to the auction itself) falls into the category of ``any change'' that would affect eligibility for or diminishment of the new entrant bidding credit. Just as clearly, Matinee did not file the required amendment under Section 1.65. We are troubled by Matinee's apparent attempt to manipulate the new entrant bidding credit rule. The Commission has made clear that it will address such conduct on a case-by-case basis. We find it particularly illuminating that other Auction No. 37 bidders promptly reported changes in attributable interests, bidding credit eligibility, and reductions in originally claimed new entrant bidding credits. To
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- applications will be processed under the new rules. Royce argues that the Assignment Application was ``pending'' at the time the Public Notice was released because it was still subject to appeal. On this basis, Royce contends that Entercom must amend the Assignment Application to show compliance with the new local radio ownership rule. In support, Royce cites language in Section 1.65 of the Commission's rules as well as a Commission decision and an unpublished court decision. Entercom counter-argues that the wording of the Public Notice makes clear that it applies only to those pending applications for which no action has yet been taken. Entercom asserts that, had the Media Bureau intended to include within the ambit of the Public Notice those
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- on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on September 7, 2005, and fails to establish good cause for any late-filed submissions, shall
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- take precautionary steps have been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- been taken to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureau cautions that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- to the July 2, 2004, action of the Chief, Audio Division (the ``Staff Decision''), granting the above-referenced Educational Media Foundation (``EMF'') application for construction permit (the ``Application'') to build new FM translator station K255BE at Tulsa, Oklahoma. For the reasons set forth below, we dismiss the petition for reconsideration. Petitioners state that the subject application violates Sections 74.1232, 1.17 and 1.65 of the Commission's rules. Specifically, Section III-A, Item 14 of the application for authority to construct an FM Translator, FCC Form 349, requests that the applicant certify that it does not have any interest in an application or an authorization for an FM translator station that serves substantially the same area and rebroadcasts the same signal as the proposed FM
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- to address the merits. PSI observes that the assignment application was filed five business days after ACL was granted the license for Call Sign WQPC810, and infers that the parties agreed to the sale while ACL's license application was pending. PSI then suggests that ACL's license should be rescinded for failure to update its license application as required by Section 1.65 of the Commission's Rules. The record indicates, however, that no agreement had been finalized at the time the license application was granted. We agree with ACL that while Section 1.65 requires applicants to give notice to the Commission of material changes affecting their pending applications, it does not require that the Commission be notified of proposed transactions that are being
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureau cautions that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- with Sections 1.2105(c) and 73.5002. By electronically submitting its short-form application, each applicant certifies its compliance with Sections 1.2105(c) and 73.5002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on December 29, 2005, and fails to establish good cause for any late-filed submissions, shall
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3204A1_Erratum.doc
- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- also, ORBIMAGE, Form 10-K, Annual Report Pursuant to Section 13 of 15(d) of the Securities Exchange Act of 1934 for the fiscal year ended December 31, 2004, at 4-5. Applications, Exhibit F at 11, 12. Applications, Exhibit F at 11 - 14. Applications, Exhibit F at 13. 47 C.F.R. 0.261. See 47 C.F.R. 25.119(f). See 47 C.F.R. 1.65. See 47 C.F.R. 25.119(f). See 47 C.F.R. 25.137(g). 47 C.F.R. 1.103. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h| w - - gdH gd| PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) by 6:00 p.m. ET on March 7, 2005, and fails to establish good cause for any late-filed submissions, shall
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- had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area. By electronically submitting their FCC Form 175 short-form applications, applicants certified their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- or bidding strategies between the bidders he or she is authorized to represent in the auction. A violation could similarly occur if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
- to Section 1.2105(c), even if the agreement has not been reduced to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations.19 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.20 Thus, Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that result in a
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- on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under the Commission's rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on June 21, 2006, and fails to establish good cause for any late-filed
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- actual consummation of the proposed transaction; and (2) all applications (including applications for Special Temporary Authority), petitions, or other filings that are pending at the time of consummation of the proposed transfer of control. Applicants state that, following the closing of the proposed transaction, MSV Sub will supplement its pending applications as required under the Commission's rules, 47 C.F.R. 1.65, to reflect the new ownership structure. See application at pp. 5-6. The five entities are: Motient Corporation (45.2% MSV GP and 45.1% MSV LP); TMI Communications and Company, Limited Partnership (21.8% MSV GP and 21.8% MSV LP); MSV Investors, LLC (22.8% MSV GP and 22.8% MSV LP); funds affiliated with Columbia Capital (7.8% MSV GP and 7.8% MSV LP); and
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- Ninth R&O at n.40. The Commission added that an AWS entrant that does not engage in relocation negotiations with such BRS licensees, absent this showing, is not subject to a claim that it is failing to act in good faith. Id. Applicants must ensure the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. During the First Data Collection, licensees reported certain site and technical data by filing applications to modify their geographic-area licenses. These applications, which had to be filed by December 27, 2005, remain pending. See 47 C.F.R. 27.1207(b), 27.1209(b). Physical modifications made after June 23, 2006 to existing BAS facilities may also affect a licensee's eligibility for relocation. See 2006
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureau cautions that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- not have any voting or equity interests, and that, in reality, M&M CD has no ownership, equity, or voting interest in M&M Dayton. M&M Dayton characterizes its amendments as a ``correction,'' not a report of a major change in ownership structure under Section 73.871(a) of the Rules. We accept M&M Dayton's amendments as a correction of an error under Sections 1.65 and 73.871(c)(4) of the Rules. M&M CD could have no equity or voting rights in M&M Dayton because the latter entity is an unincorporated association. Moreover, we note that when M&M Dayton eventually incorporated on December 12, 2001, as a non-profit, non-stock corporation, M&M CD did not have any listed equity or voting rights in M&M Dayton. NLG contends M&M
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureau cautions that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- Procedures, WT Docket No. 05-211, Second Report and Order and Second Further Notice of Proposed Rulemaking, 21 FCC Rcd 4753 (2006) (``Designated Entity Second Report and Order''), modified by erratum, 21 FCC Rcd 6622 (2006), clarified by Order on Reconsideration, 21 FCC Rcd 6703 (2006). See 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.45(b), 1.2108(c). 47 C.F.R. 1.45(c), 1.2108(c). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) before 6:00 p.m. Eastern Time (ET) on October 4, 2006, and fails to establish good cause for any
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- States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- file number to pending application). See Rose Broadcasting Co., 68 FCC 2d at 1247 (amendment transferring deceased stockholder's 51 percent interest in applicant to personal representative satisfies ``good cause'' test for acceptance); Peoples Broadcasting Corp., 92 FCC 2d 133, 144-45 (Rev. Bd. 1983) (amendment substituting one stockholder for a deceased stockholder accepted for reporting purposes only under 47 C.F.R. 1.65); Triple C Broadcasting Corp., 12 FCC 2d 503, 504 (Rev. Bd. 1968) (change in the composition of an applicant does not, of itself, preclude acceptance of the amendment, provided good cause is shown). See Richardson Broadcasting Group, 3 FCC Rcd at 5453 (wife and executrix of deceased applicant substituted for individual, deceased applicant on application for new FM station). See
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- States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2552A1_Erratum.doc
- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- with any other applicants after the short-form filing deadline. By electronically submitting its short-form application, each applicant certifies its compliance with Section 1.2105(c). However, the Bureau cautions that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- Freeze,'' Public Notice, Report No. AUC-05-84-E (Auction No. 84), DA 05-1604 (MB/WTB June 15, 2005). See ``AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze,'' Public Notice, 18 FCC Rcd 23016 (MB/WTB 2003) (``Auction No. 84 Filing Window Public Notice''). Id., 18 FCC Rcd at 23018. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- expire. Matos further explained that when he discovered his error, the parties entered in to a lease agreement for WCHQ(AM) and filed an assignment application. Lacking a plausible motive for deliberate deception, especially when the Commission was in a position to independently confirm compliance with Section 73.1150(c) requirements, we cannot find that International deliberately intended to deceive the Commission. Section 1.65. Bahr next claims that International violated Section 1.65 of the Commission's rules by failing to amend the WGIT(AM) assignment application to provide the information that it had obtained an attributable interest in WCHQ(AM). Assuming International obtained an attributable interest in WCHQ(AM), it still would not have had to report that interest pursuant to Section 1.65. That section requires the updating
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- Letter 47 U.S.C. 310(d). File No. SES-T/C-20060106-00013, as amended by File No. SES-AMD-20060320-00471 (``Transfer of Control Application''). See also Letter from Peter A. Rohrbach and Karis A. Hastings, Counsel for SES GLOBAL, to Marlene H. Dortch, Secretary, Federal Communications Commission, IB Docket No. 06-23 (filed Mar. 21, 2006) (providing revised Exhibit E to File No. SES-T/C-20060106-00013 (``March 21 Section 1.65 Letter'')). See Permitted List, available at http://www.fcc.gov/ib/sd/se/permitted.html. File No. SAT-PPL-20060106-00003, as amended by File No. SAT-AMD-20060317-00026 and updated by March 21 Section 1.65 Letter (providing revised Exhibit B (``Notification Application'' and, together with Transfer of Control Application, ``Applications'')). See also 47 C.F.R. 25.137, Application Requirements for Earth Stations Operating with Non-U.S. Licensed Space Stations. See 47 C.F.R. 25.137(g)
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureau cautions that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- Department of Justice, Federal Bureau of Investigation, and TelCove on September 15, 2005 IS GRANTED. Grant of TelCove's Petition is conditioned upon compliance with the terms of the June 15, 2005 Agreement between and among DHS, DOJ, FBI, and TelCove, which is attached to this Order and Declaratory Ruling as Appendix C. IT IS FURTHER ORDERED that, pursuant to section 1.65 of the Commission's rules, 47 C.F.R. 1.65, the Petitioner is afforded 30 days from the date of release of this Order and Declaratory Ruling to amend any pending applications in connection with the instant Petition to reflect the approval in this Order and Declaratory Ruling. This Order and Declaratory Ruling is issued pursuant to authority delegated by section 0.261
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- of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureau cautions that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- (Sat. Div., Int'l Bur. 2005). ATCONTACT Communications, LLC, File No. SAT-MOD 20061115-00139, Technical Appendix, at 26. See EchoStar Satellite LLC, Order and Authorization, 21 FCC Rcd 4077 (Sat. Div., Int'l Bur. 2006). We remind ATCONTACT of its obligation to ensure and maintain the accuracy and completeness of all materials and information provided to the Commission. 47 C.F.R. 1.17 and 1.65. ATCONTACT Communications, LLC, File No. SAT-MOD 20061115-00139, Technical Appendix, at 26. Federal Communications Commission DA 07-1094 Federal Communications Commission Washington, D.C. 20554 h} h h Y Z h h h_ h Bk(/YM`鉉PNG 0eX...W0f"˸ -ʝ D... p-C C\ i8 ] ~'\ gbFJU }p Ӵ:|Y.̕ `]feʦS 8o(R) -o} ^ rt2 ; X0~Be6%70oB(R)xoG k"a n"W -1$7'2 o 2 "
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- Rcd 6622 (2006), clarified by Order on Reconsideration, 21 FCC Rcd 6703 (2006). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). We note that the FCC Form 602 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion below, Attachment C. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.45(b), 1.2108(c). 47 C.F.R. 1.45(c), 1.2108(c). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on March 28, 2007, and fails to establish good cause for
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureau cautions that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2110(j). 47 C.F.R. 1.2112(a). 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006(b). 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546
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- should take precautionary steps to prevent communication between authorized bidders and to ensure that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureau cautions that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- No. 0003768876 Order Adopted: April 11, 2007 Released: April 13, 2007 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Venture Technologies Group, LLC (``VTG''). The Consent Decree terminates an investigation by the Bureau concerning (1) VTG's possible false certifications and violations of the requirements of Sections 1.65 of the Commission's rules in connection with its applications for licenses to cover the construction permits for the above-captioned deleted low power television stations, and (2) possible violations of Section 74.763(b) of the Commission's rules in connection with the operation of those stations. The Bureau and VTG have negotiated the terms of the Consent Decree that resolves this matter. A
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- (g). Although Innovative disclosed its ownership interests before and after the Chapter 11 bankruptcy in its long-form application (Form 601), it failed to properly amend its Form 175 to reflect this transfer. Innovative subsequently filed a series of Form 603s seeking Commission consideration of the aforementioned involuntary transfers of control with respect to other licenses. We remind applicants that sections 1.65 and 1.2105(b) of the Commission's rules require the continuing accuracy and completeness of information furnished in a pending application, and that failure to comply with the Commission's rules can result in enforcement action under certain circumstances. 47 C.F.R. 1.65 and 1.2105(b). However, we determine that the involuntary transfer of control resulting from the bankruptcy filing does not constitute a
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureaus caution that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- others who might become a conduit for the communication of prohibited bidding information. For example, where limited information disclosure procedures are in place, as in this auction, a qualified bidder's statement to the press that it has lost bidding eligibility and stopped bidding in the auction could give rise to a finding of an anti-collusion rule violation. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- 213 F.3d 761 (D.C. Cir. 2000). See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15927, 15980-81. 47 U.S.C. 311(c). 47 C.F.R. 73.3525. See 47 C.F.R. 73.5002(d); see also 47 C.F.R. 1.2105(c). See Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15927, 15980-81. 47 C.F.R. 1.2105(c)(7)(i). 47 C.F.R. 1.65. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 I J kd
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- one or more of the same licenses of the applicant's license selections on its short-form application could violate the anti-collusion rule. Applicants also should use caution in their dealings with other parties, such as members of the press, financial analysts, or others who might become a conduit for the communication of non-public information concerning Auction No. 72. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(b)-(c). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). We note that the FCC Form 602 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion below, Attachment F. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.45(b), 1.2108(c). 47 C.F.R. 1.45(c), 1.2108(c). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on June 11, 2007, and fails to establish good cause for
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- others who might become a conduit for the communication of prohibited bidding information. For example, where limited information disclosure procedures are in place, as in this auction, a qualified bidder's statement to the press that it has lost bidding eligibility and stopped bidding in the auction could give rise to a finding of an anti-collusion rule violation. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- resulting in dismissal of the application. See Petition at 8 citing C. Ray Helton, Hearing Designation Order, 4 FCC Rcd 1205 (MMB 1989); Maricopa County Community College District, Hearing Designation Order, 3 FCC Rcd 5637 (MMB 1988); St. Croix Wireless Co., Hearing Designation Order, 2 FCC Rcd 4447 (MMB 1987). See Petition to Deny at 8-9, n.13; 47 C.F.R. 1.65(a). 47 C.F.R. 73.3573(a)(1), (b)(2), and (b)(3). See Omnibus Order, __ FCC Rcd at ___ ( 59). Id. See Ocean Pines LPB Broadcast Corp., Initial Decision, 4 FCC Rcd 7767 (ALJ 1989) (``Ocean Pines''). Id. at 7770. See Fidelity Radio, Inc., Memorandum Opinion and Order, 1 FCC 2d 1145 (Rev. Bd. 1965); Edgefield-Saluda Radio Co., Memorandum Opinion and Order, 5
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- 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(b)-(c). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). We note that the FCC Form 602 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment D. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.45(b), 1.2108(c). 47 C.F.R. 1.45(c), 1.2108(c). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on July 18, 2007, and fails to establish good cause for
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- minimum, applicants should take precautionary steps to prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. However, the Bureau cautions that the mere existence of precautionary measures will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantive change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in communication of bids or bidding strategies that results in a
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- States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- methodology for making this determination and the limited information Mediacom submitted. Mediacom has demonstrated that the aggregate DBS subscriber penetration rates in Hopkinsville, Todd, and Stewart exceed 15 percent, but Mediacom has not demonstrated that Mediacom's subscriber penetration rate in these communities exceed 15 percent. In Hopkinsville, the combined DBS penetration rate is 15.74 percent and Mediacom's penetration rate is 1.65 percent. In Stewart, the combined DBS penetration rate is 46.39 percent and Mediacom's penetration rate is 8.62 percent. In Todd, the combined DBS penetration rate is 32.68 percent and Mediacom's penetration rate is approximately 0.50 percent. Therefore, Mediacom has not established that these communities are subject to competing provider effective competition. However, as noted below, Mediacom has established that it
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- Applications Mutually Exclusive Proposals,'' Public Notice, 21 FCC Rcd 11720, 11725 (MB/WTB 2006). As initially determined, MX Group 51 contained engineering proposals filed by four applicants: Asiavision, Inc., Laurie Mintz, Michael Mintz and Rehoboth Beach Communications, Inc. Id. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also
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- 21 FCC Rcd 11720 (MB/WTB 2006). As initially determined, engineering proposals submitted by Mintz, Three Angels Broadcasting Network, Inc., Harry J. Pappas, and Gary M. Cocola Family Trust, Gary M. Cocola, Trustee were assigned to MX Group 131. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also
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- Companion Channel Applications Mutually Exclusive Proposals,'' Public Notice, 21 FCC Rcd 11720 (MB/WTB 2006). As initially determined, engineering proposals submitted by Mintz, Cyril H. Miller and Una Vez Mas Midland License, LLC were assigned to MX Group 81. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also
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- and TV Translator Digital Companion Channel Applications Mutually Exclusive Proposals,'' Public Notice, 21 FCC Rcd 11720 (MB/WTB 2006). As initially determined, engineering proposals submitted by Michael Mintz and National Minority TV, Inc. were assigned to MX Group 84. Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''); see, e.g., Letter to Koch Broadcasting Corp., 21 FCC Rcd 147 (Auc. & Audio Divs. 2006). Auction No. 85 Filing Window Public Notice, 21 FCC Rcd at 4119; see also
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- "Children'sProgramming" 1.93 0.84 2.10 GMoviesorTV-Y/TV-Y7TV 3.11 1.06 3.42 Eitheroftheabove 5.03 1.90 5.52 FamilyProgramming NetworksTargetingFamilies 10.93 0.00 12.61 TY-GProgramming 11.59 17.05 10.75 Arts,Educational,orDocumentaryProgramming 7.60 6.46 7.77 Eitherofthetwoabove 19.18 23.50 18.52 AdultProgramming NetworksShowingAdultProgramming 4.98 0.00 5.75 NC-17MoviesorTV-MA-S/TV-MA-LTV 0.67 0.39 0.72 ViolentProgramming "ViolentProgramming" 1.70 0.53 1.88 TV-PG-VTelevision 1.46 2.31 1.33 TV-14-VTelevision 1.47 2.07 1.37 TV-MA-VTelevision 0.19 0.12 0.20 Anyofthethreeabove 3.11 4.50 2.90 Anyofthelasttwoabove 1.65 2.18 1.57 ReligiousProgramming NetworksShowingPrimarilyReligiousProgramming 1.52 7.58 0.58 "ReligiousProgramming" 3.03 11.76 1.69 OverallTargeting AverageTVContentRating(wherenotedforTV) 3.81 3.66 3.86 AverageMPAARating(wherenotedformovies) 3.96 4.00 3.95 Observations 265,388 35,448 229,940 Notes:Reportedinthetableisthepercentageofquarter-hoursofprogrammingononeof27broadcast televisionnetworks(cf.Table5)or192cabletelevisionnetworks(cf.Table27-28)between6:00p.m.and 12:00a.m.EST(ortheequivalent)duringeachofthetwoweeksperyearfor4years(cf.Table1)devoted toprogrammingofthelistedtypes.SeeSection4.2forfurtherdetailaboutthedefinitionofprogramtypes. Source:Authorcalculations. 35 Table7: ProgramAvailabilitybyProgramType 6:00p.m.-12:00a.m.EST(orequivalent),2weeks/year,2003-2006 AllBroadcast Cable Variable Networks NetworksNetworks NewsProgramming AnyNews 48.00 66.38 36.74 NetworkNews 52.81 76.26 1.23 LocalNews 47.33 63.54 39.09 PublicAffairsProgramming 56.64 40.49 61.47 MinorityProgramming NetworksTargetingBlackAudiences 20.99 - 20.99
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- 0.10 + Percent News, Evening 0.03 0.04 0.02 0.03 0.03 0.02 -0.01 - Percent Sports, Evening 0.12 0.12 0.09 0.14 0.19 0.14 0.02 + Average Block, Advertisements, AM Drive 1.36 1.71 1.27 1.37 1.01 1.63 -0.07 - Average Block, Entertainment/Leisure/DJ Banter, AM Drive 2.18 2.73 2.36 1.54 2.64 0.63 -2.11 - Average Block, Music, AM Drive 1.91 1.95 1.94 1.84 1.65 3.06 1.11 + Average Block, News, AM Drive 0.73 0.57 0.84 0.63 0.74 0.88 0.30 + Average Block, Sports, AM Drive 0.64 0.64 0.65 0.61 0.75 0.61 -0.02 - Average Block, Advertisements, Evening 1.18 1.27 1.10 1.15 1.55 1.06 -0.22 - Average Block, Entertainment/Leisure/DJ Banter, Evening 0.82 0.73 0.87 0.81 0.90 0.13 -0.60 - Average Block, Music, Evening 2.57 2.77
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- a subject or caption referring to Auction 84. The Bureaus request that parties format any attachments to electronic mail as Adobe(R) Acrobat(R) (pdf) or Microsoft Word(R) documents. Questions about other changes should be directed to Lynne Milne of the Auctions and Spectrum Access Division at (202) 418-0660. Maintaining Current Information in FCC Form 175. Applicants have an obligation under Section 1.65 of the Rules, to maintain the completeness and accuracy of information in their short-form applications. Amendments reporting substantial changes of possible decisional significance in information contained in FCC Form 175 applications, as defined by Section 1.2105(b)(2) of the Rules, will not be accepted and may in some instances result in the dismissal of the FCC Form 175 application. Application Review
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- Bureau, (202) 418-0799. -FCC- ATTACHMENT Additional Filing Instructions and Application Contents for Applications for the 700 MHz Public Safety Broadband License General Filing Instructions Information Current and Complete. Information filed with the FCC must be kept current and complete. The Applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the application(s). See Section 1.65 of the Commission's rules, 47 CFR 1.65. . Incorporation by Reference. You may incorporate by reference documents, exhibits, or other lengthy showings already on file with the FCC only if the information previously filed is more than one 8 '' by 11'' page in length, and all information therein is current and accurate in all significant respects; the reference
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- authorizations prevails. In this case, Harris, with 3 authorizations, prevailed over CSN and JPI, which had 572 and 8 authorizations, respectively. Discussion. JPI asserts that Harris has accrued at least two additional broadcast interests since the snapshot date (bringing its tally of attributable authorizations to five) and has failed to notify the Commission of these acquisitions, as required by Section 1.65 of the Commission's Rules. JPI, on the other hand, has since divested all of its stations. As such, JPI argues that: (1) Harris is not qualified to be a broadcast licensee because it lacked candor with the Commission by failing to report the changed conditions in its application, and (2) under any choice based on current data, JPI's qualifications are
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- point system and applied it to Oregon. See Omnibus Order, 22 FCC Rcd at 6115, n.84; NCE MO&O, 16 FCC Rcd at 5128, App. D(3). See Petition at 8-11; Reply to Opposition at 4-5. See Petition at 14 - 20. See Reply to Opposition at 3 (citing 47 C.F.R. 73.3522 and 73.3573). See Opposition at 7. 47 C.F.R. 1.65. See Opposition at 9. The Research Foundation argues that the University Foundation currently has a forty percent ownership interest in the Research Foundation through shared board members. Id., n.2. For this reason, we need not address the Research Foundation's request for any necessary waiver to reflect the University Foundation's retention of exactly fifty percent control rather than more than fifty
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- (Rev. Bd. 1976). The Commission has since done away with permit extensions, and implemented tolling rules. See 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056, 23092 (1998), aff'd, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17539 - 40 (1999); 47 C.F.R. 73.3598(b). See 47 C.F.R. 1.65(a). 47 C.F.R. 73.3573(a)(1), (b)(2), and (b)(3). See Omnibus Order, 22 FCC Rcd at 6125. Id. Regents also reported that its name had changed to Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College, without any corresponding change in ownership. (footnote continued...) Federal Communications Commission Washington, D.C. 20554 October 3, 2007
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- ownership changes over a substantial period during which the Commission was unable to act on NCE applications, it would be inconsistent to penalize NCE petitioners that potentially are similarly-situated. Failure to Update Application. CCHI argues that MBC lacks the basic qualifications to be a Commission licensee because MBC failed to report several changes in its governing board, thereby violating Section 1.65 of the Rules and demonstrating a lack of candor. Pursuant to Section 1.65, all Commission applicants are responsible for the continuing accuracy of their applications and, therefore, must amend pending applications whenever the information furnished is no longer substantially accurate and complete. NCE applicants must report ``substantial and significant'' changes, including changes with the potential to reduce their comparative positions
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- must be reported within 30 days of the change. However, because action on NCE applications was delayed for a considerable period due to litigation, and the applications had been submitted prior to the adoption of electronic filing requirements, the Bureau anticipated by late 2004 that many NCE applications were no longer up-to-date. The Bureau reminded NCE applicants of their Section 1.65 obligations, and set a deadline of January 21, 2005, for NCE applicants to update their applications electronically. CAE did not file such an amendment. Oregon alleges that CAE should have amended its application to report that CAE's corporate status was suspended by the California Secretary of State (``State'') and was not reinstated until April 2007, about a week after release
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- it must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission recently clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- ``established local applicant'' and to serve that documentation on the mutually exclusive applicants. We further provide an additional 15-day period thereafter for the other parties to file a response. There is the potential that the Commission will conduct a new point system analysis in this group. Therefore, we remind all applicants in Group No. 9901XP of their obligation under Section 1.65 of the Rules to update their applications to report any significant changes, including any points or tiebreaker factors for which they may no longer qualify due to changed circumstances. Ordering Clause. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by Central Florida Educational Foundation, Inc. IS GRANTED to the extent indicated herein and DENIED
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- for Certain Mutually Exclusive Application Groups; September 16, 2005 Deadline Established for Section 307(b) Submissions; AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 20 FCC Rcd 10563 (MB/WTB 2005). See Auction No. 84 Filing Window Public Notice. Id., 18 FCC Rcd at 23018. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of
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- for Auction 73 accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders in Auction 73 upon receipt of the required upfront payment by 6:00 p.m. ET on Friday, January 4, 2008. These applicants need take no further action with respect to their applications, except as may be necessary pursuant to their obligations under Section 1.65 of the rules to maintain the accuracy and acceptability of their applications. Incomplete: Applications for Auction 73 found to be incomplete or deficient are listed alphabetically in Attachment B. Those applicants will receive overnight correspondence indicating what information is required to make their applications acceptable for filing. These applicants may become qualified bidders only if they complete the following actions:
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- States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- alter its proposed design in response to market or technological developments. Instead, ICO's request stems from concrete manufacturing issues that have arisen as it seeks to implement the design it proposed for its geostationary satellite, which is substantially complete. We also reject Inmarsat's assertion that ICO has violated Commission rules by failing to submit contract amendments to the Commission. Section 1.65 of the Commission's rules requires an applicant to maintain accuracy and completeness of its application and to notify the Commission of any substantial changes that may be of decisional significance. ICO did in fact file the first and second amendments to its contract, executed while its modification application remained pending. We have also reviewed the revised ICO G1 satellite manufacturing
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- consulting firm). In such a case, at a minimum, applicants should take precautionary steps to prevent communication between authorized bidders. However, the Bureaus caution that merely filing a certifying statement as part of the short-form application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires auction applicants that engage in a communication of bids or bidding strategies that results in
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- Commission. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). 47 C.F.R. 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2110(j). 47 C.F.R. 1.2112(a). 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006(b). 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546
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- it must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission recently clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- qualified bidders only if they complete the following actions: (1) make the required Auction 77 upfront payments by 6:00 p.m. ET on Monday, June 2, 2008; and (2) resubmit their applications, having corrected the deficiencies indicated, prior to 6:00 p.m. ET on Monday, June 2, 2008. Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission's rules. The filing window for resubmitting Auction 77 short-form applications is now open. Corrected applications must be filed prior to 6:00 p.m. ET on Monday, June 2, 2008. This will be the only opportunity to cure application defects; late resubmissions will not be accepted. If an application is incomplete or otherwise deficient after the resubmission deadline has
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- the station to the Gastonia area. The Commission granted an application (File No. BTCH-20070504ACW) to transfer control of the licensee to Davidson on October 18, 2007. See Letter to Peter Davidson et al., 22 FCC Rcd 18605 (MB 2007). The parties have not yet notified the Commission of the consummation of this transaction. Clay also argues that GBI violated section 1.65 of the Rules, 47 C.F.R 1.65,which requires applicants to keep their applications current and report any significant changes within 30 days. He states that Gaffney amended the Application to specify a new site on October 26, 2007, more than five months after it must have become aware that the CBS site would not be available for use by its
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- and information regarding the ownership of the applicant must be provided on this form. See 47 C.F.R. 1.2105(a), 90.806, 90.815 (1995). The Commission's rules also provide that applicants are responsible for the continuing accuracy and completeness of information furnished in a pending application and applicants must maintain up-to-date ownership information on file with the Commission. See 47 C.F.R. 1.65. Comtec Communications, Inc., FCC Form 175, File No. 0660498645. 47 C.F.R. 90.815(a)(1) (1995). ULS File No. 0002743705. Designated entities are small businesses, businesses owned by members of minority groups and/or women, and rural telephone companies. 47 C.F.R. 1.2110(a). The Commission defines small businesses in its competitive bidding rules for each service in which it offers preferences to such
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- Public Notice, DA 08-926 at 118 (rel. April 25, 2008) (``Auction 77 Procedures Public Notice''). Id. at 120. 47 C.F.R. 1.2104(g), 1.2109(g)(2). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(b)-(c). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.919, 1.2107(f). 47 C.F.R. 1.65. See 47 C.F.R. 1.2108(d), 1.2109(a). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546 (2001); Order on Reconsideration of the Third Report
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- Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. LS's 60 dBu contour encompasses 16,250 people. LS's claimed
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- Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. Miles's 60 dBu contour encompasses 37,793 people. Miles's claimed
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- A to this Public Notice lists the short-form applications for Auction 78 that are complete and have been accepted for filing. These applicants will become qualified bidders in Auction 78 upon receipt of the required upfront payment by 6:00 p.m. ET on Thursday, July 17, 2008. Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission's rules. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 78 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make the required
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- form and that whenever that information is no longer substantially accurate and complete in all significant respects, the station must file an updated form as promptly as possible and in any event within 30 days to furnish such additional or corrected information as is appropriate. See Third DTV Periodic Review Report and Order, supra at 35 citing 47 C.F.R. 1.65(a) and 47 U.S.C. 308(b). Third DTV Periodic Review Report and Order, supra at 35. Id. (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- 16655 (MB 2004). 47 U.S.C. 307(b). See Section 307(b) Amendment Deadline Established for Certain AM Auction No. 84 Singleton Applications, Public Notice, 20 FCC Rcd 10710 (MB 2005). Quorum became debtor-in-possession by filing Form 316, File No. BALH-20050325AMM, on March 25, 2005. The application to assign the WSLW(AM) license was assigned File No. BAL-20051122ACK. Pursuant to 47 C.F.R. 1.65, within 30 days of an event affecting the accuracy or completeness of a pending application, an applicant must amend that application to reflect additional or corrected information. Neither Quorum nor WVJT timely filed a corrective amendment to the Application advising the Commission of WVJT's acquisition of WSLW(AM). WVJT did not amend the Application until December 8, 2006, almost eight months
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- transmitter site is unavailable. WXXY asserts that the Application must be dismissed because it will cause ``catastrophic interference'' to its co-channel NCE Station WXXY-FM, Port Republic, New Jersey. Discussion. Major Change in Ownership. PAR asserts that: (1) ENFC has undergone an impermissible major change of ownership, requiring the ``immediate and irrevocable'' dismissal of the Application, and (2) ENFC violated Section 1.65 of the Commission's Rules (the ``Rules'') by failing to apprise the Commission of its ownership changes. PAR bases its allegation on the fact that ENFC disclosed three officers and directors in its initial application, filed March 20, 1998, whereas in ENFC's 2003 and 2004 annual Franchise Tax Reports only one of the original officers is listed. Accordingly, PAR concludes that
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- selections on its short-form application. Examples of communications raising concern, given the anonymous bidding procedures in effect for Auction 78, would include an applicant's statement to the press about its upfront payment or bidding eligibility, and an applicant's statement to the press that it is or is not interested in bidding in the auction. Disclosure Obligations and Possible Sanctions Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that may themselves be prohibited, and that result in an agreement, arrangement, or understanding not already identified on their short-form applications, to promptly disclose any such agreement, arrangement, or understanding to the Commission by amending their pending applications. In addition, Section 1.2105(c)(6) requires all auction applicants to report
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- by Helpline: BNPED-20071019BCF; BNPED-20071019BCG; BNPED-20071019BCH; BNPED-20071019BCJ; BNPED-20071019BCK; BNPED-20071019BCM; BNPED-20071019BCN; BNPED-20071019BCO; BNPED-20071019BCP; and one filed by Spirit: BNPED-20071019BCS. IT IS FURTHER ORDERED That Helpline's retained application BNPED-20071019BCJ, to construct a new NCE station at Hebron, Indiana IS GRANTED as a singleton. IT IS FURTHER ORDERED That Spirit and Helpline must as promptly as possible amend their retained applications pursuant to Section 1.65 of the Commission's rules to revise any of comparative claims that may have decreased as a result of this determination. IT IS FURTHER ORDERED That the ten applications with the highest file numbers are HEREBY DISMISSED as in excess of the cap. Specifically, these applications consist of one filed by Helpline: BNPED-20071022BSU; and nine filed by Spirit: BNPED-20071019BCT; BNPED-20071019BCU; BNPED-20071019BCV;
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- report such communication in writing to the Commission immediately and in no case later than five business days after the communication occurs. The Commission recently clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. See 47 C.F.R. 73.7002(b). Id. See id. at 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2)
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- C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(b)-(c). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). The FCC Form 601 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment E. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on September 9, 2008, and fails to establish good cause for
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- application Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 85 that are complete. These applicants will become qualified bidders in Auction 85 upon receipt of the required upfront payment by 6:00 p.m. Eastern Time (ET) on Friday, October 10, 2008. Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission's rules. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 85 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make the required
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- form and that whenever that information is no longer substantially accurate and complete in all significant respects, the station must file an updated form as promptly as possible and in any event within 30 days to furnish such additional or corrected information as is appropriate. See Third DTV Periodic Review Report and Order, supra at 35 citing 47 C.F.R. 1.65(a) and 47 U.S.C. 308(b). Third DTV Periodic Review Report and Order, supra at 35. Stations should note that changes to analog service must be reported in Section V - Analog Service and, if necessary, in an explanatory exhibit. Changes to the station's pre-transition digital service should be reported in an explanatory exhibit. Stations planning a service (analog or digital)
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- until the post-auction down payment deadline, which will be announced in a public notice released shortly following close of bidding. The prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid. For further information on the collusion prohibition, applicants should refer to the Auction 85 Procedures Public Notice. Disclosure Obligations and Possible Sanctions Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that may themselves be prohibited, and that result in an agreement, arrangement, or understanding not already identified on their short-form applications, to promptly disclose any such agreement, arrangement, or understanding to the Commission by amending their pending applications. In addition, Section 1.2105(c)(6) requires all auction applicants to report
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- See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G: Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. 1.2107(d). 47 C.F.R. 1.2110(j). 47 C.F.R. 1.2112(a). 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 73.5006. 47 C.F.R. 73.5006. Id. Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC
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- FCC Rcd at 7167 (citing Beaumont Branch of NAACP v. FCC, 854 F.2d 501, 507 (D.C. Cir. 1988); Texas RSA 1 Limited Partnership, Memorandum Opinion and Order, 7 FCC Rcd 6584, 6885 (1992)). Rocky Mountain Radio, 15 FCC Rcd at 7168. Declaration of Howard C. Toole, attached to the Opposition, 4. Id. at 3. See 47 C.F.R. 1.65(a) (``Whenever [an application's] information . . . is no longer substantially accurate and complete . . . the applicant shall . . . within 30 days, unless good cause is shown, amend . . . his application so as to furnish such additional or corrected information.''). Federal Communications Commission Washington, D.C. 20554 December 3, 2008 , - w x
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- Station and Major Change Filing Procedures, 22 FCC Rcd at 15051 (MB 2007) Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of
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- persons, while the text in the petition shows 4,413 persons. Apparently the middle two numbers were transposed when the figure was transferred from the technical exhibit to the petition to deny. See NCE R&O, 15 FCC Rcd at 7398, n.17; Supplements and Settlements to Pending Closed Groups of NCE Applications, Public Notice, 16 FCC Rcd 6893 (MB 2001). See Section 1.65 Amendment Deadline Established for NCE FM and FM Translator Applicants, Public Notice, 19 FCC Rcd 24740, 24743 (MB 2004). Daystar proposes to mount its antenna on the tower covered by antenna structure registration number 1032476. However, since the application was filed, the tower owner corrected the tower coordinates and site elevation in FAA Study No. 2003-ASO-5097-OE. This causes the proposed
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- of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- holding company, Zayo Holdings, was also inserted between Zayo Group and its ultimate parent, Communications Infrastructure Investments, LLC. Zayo Bandwidth, Inc. Grant of Authority FROM: Current Licensee: Zayo Group Holdings, Inc. Onvoy, Inc. Transfer of Control Onvoy, Inc. Dismissal ISP-WAV-20030820-00022 Link Africa B.V. The petition for waiver filed by Link Africa B.V., ISP-WAV-20030820-00022, is dismissed without prejudice pursuant to sections 1.65 and 1.748(a) of the Commission's rules, 47 C.F.R. 1.65, 1.748(a). INFORMATIVE ITC-214-19980828-00591 Stratos Holdings, Inc. Page 3 of 6 INFORMATIVE By letter filed January 30, 2008, Stratos Holdings Inc. notified the Commission that January 1, 2008, its wholly-owned subsidiaries, Stratos Communications, Inc, Stratos Mobile Networks Inc., and Stratos Government Services Inc., are providing service under authority of the international
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- Second Report and Order, FCC 07-132, 22 FCC Rcd 15289, 15405-06 319-321 (2007), recon. pending. 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). The FCC Form 601 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment D. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.45(b), 1.2108(c). 47 C.F.R. 1.45(c), 1.2108(c). See 47 C.F.R. 1.2108(d), 1.2109(a). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on April 3, 2008, and fails to establish good cause for
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- site, as required by local authorities). See Expedite Denial, 21 FCC Rcd at 2958, n.6 (citing Streamlining MO&O, 14 FCC Rcd at 17541, n.56 (no tolling of construction deadline for voluntary site changes even for LPTV and DTV permits which, due to circumstances unique to those services, sometimes qualify for tolling not applicable to radio permits)). See 47 C.F.R. 1.65; Streamlining MO&O, 14 FCC Rcd at 17540 (citing Arizona Number One Radio, Decision, 103 FCC 2d 551, 555 (Rev. Bd. 1986) (applicant demonstrated reasonable assurance of site availability by checking with landowner periodically while its application was pending to determine that the site had not become unavailable in the interim)). Borman argues that she was extremely prompt in filing the
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- to be Measured'' ( Sept. 22, 2004). The Application was accepted for filing on January 11, 2005. See Broadcast Applications, Report No. 25899 (Jan. 11, 2005) at 19. Petitions to deny the Application were due on February 10, 2005. Those non-compliant holdings are grandfathered pursuant to the Ownership Order. See 18 FCC Rcd at 13808. See, e.g., 47 C.F.R. 1.65(a), requiring applicants to maintain the continuing accuracy and completeness of their applications and to report material changes ``as promptly as possible and in any event within 30 days . . . .'' See also Henry Broadcasting Co., Memorandum Opinion and Order, 11 FCC Rcd 1175, 1178 (1995) (Commission relies upon ``the most recent Arbitron survey available for that market .
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- addition, Section 1.2105(c)(6) requires all auction applicants to report prohibited discussions or disclosures regarding bids or bidding strategy to the Commission in writing immediately, but in no case later than five business days after the communication occurs, even if the communication does not result in an agreement or understanding regarding bids or bidding strategy that must be reported under Section 1.65. The Commission has also recently clarified that applicants have a continuing obligation to make such reports extending beyond the five business days after the communication occurs, and that the Commission can and will enforce the obligation so long as it remains unfulfilled. Applicants that are winning bidders will be required to disclose in their long-form applications the specific terms, conditions,
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- it must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission recently clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- Post claiming that, on August 20, 2008, the Commission's Enforcement Bureau issued a letter commencing an investigation into whether Straight Way Radio, Bernard Radio LLC, D. B. Zwirn Special Opportunities Fund, L.P. and/or D.B. Zwirn & Co. LP engaged in an unauthorized transfer of control regarding stations in Florida and Georgia. They claim that Zwirn had an obligation under Section 1.65 of the Commission's Rules (the ``Rules'') to report this investigation to the Commission. Discussion. Procedural Matters. As an initial matter, we will deny Petitioners' Motion and dismiss their first Supplement. Section 1.106(f) of the Rules provides that supplements to petitions for reconsideration be filed ``within 30 days from the date of public notice of the final Commission action'' unless leave
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- of (1) any license or authorization issued to Stratos Global or its subsidiaries during the Interim Period; (2) construction permits held by such companies that mature into licenses after closing; and (3) applications filed by such companies after the date of this Application and that are pending at the time of the consummation of the proposed transaction. Pursuant to Section 1.65 of the rules, Applicants should amend any current pending applications, as well as applications that were acted on between the filing date of this Application and the consummation date, to reflect the transaction as approved by this Order and Declaratory Ruling. Transfer of Accounting Authority Certification Along with the Transfer of Control Application, Stratos Mobile Networks, Inc. filed a Form
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- report such communication to the Commission in writing immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- must report such communication to the Commission in writing immediately, and in no case later than five business days after the communicationoccurs.56The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.57 28. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.58Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications
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- applications Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 79 that are complete. These applicants will become qualified bidders in Auction 79 upon receipt of the required upfront payment by 6:00 p.m. Eastern Time (ET) on Friday, July 31, 2009. Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission's rules. Attachment A also indicates the construction permits selected by each applicant on its short-form application. If the applicant claimed a New Entrant Bidding Credit, the applicant's bidding percentage for each construction permit is indicated as 35 percent or 25 percent. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 79 found
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- a bidding credit is requested, its eligibility for the bidding credit requested. See47 C.F.R. 1.2107 1.2109; seealsoAmendment of Part 1 of the Commission's Rules Competitive Bidding 9177 79 upon receipt of the required upfront payment by 6:00 p.m. Eastern Time (ET) on Friday, July 31, 2009.3Applicants also must maintain the accuracy of their short-form applications as required by Section 1.65 of the Commission's rules.4Attachment A also indicates the construction permits selected by each applicant on its short-form application. If the applicant claimed a New Entrant Bidding Credit,5the applicant's bidding percentage for each construction permit is indicated as 35 percent or 25 percent.6 4.Incomplete Applications.Attachment B to this Public Notice lists the short-form applications for Auction 79 found to be incomplete
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- extends until the post-auction down payment deadline, which will be announced in a public notice released shortly following close of bidding. The prohibition applies to all applicants regardless of whether such applicants become qualified bidders or actually bid. For further information on the prohibition, applicants should refer to the Auction 79 Procedures Public Notice. Disclosure Obligations and Possible Sanctions Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that may themselves be prohibited, and that result in an agreement, arrangement, or understanding not already identified on their short-form applications, to promptly disclose any such agreement, arrangement, or understanding to the Commission by amending their pending applications. In addition, Section 1.2105(c)(6) requires all auction applicants to report
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- Incomplete 14 applications Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 86 that are complete. These applicants will become qualified bidders in Auction 86 upon receipt of the required upfront payment by 6:00 p.m. ET on Thursday, September 24, 2009. Applicants also must maintain the accuracy of their short-form applications as required by section 1.65 of the Commission's rules. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 86 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make the required
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- determination that a short-form application is complete and complies with the Commission's competitive bidding rules and policies is not determinative of an applicant's qualifications to hold a license or of 11773 receipt of the required upfront payment by 6:00 p.m. ET on Thursday, September 24, 2009.3 Applicants also must maintain the accuracy of their short-form applications as required by section 1.65 of the Commission's rules.4 4.Incomplete Applications.Attachment B to this Public Notice lists the short-form applications for Auction 86 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make the required upfront
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- percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. See 47 C.F.R. 73.5008 (c). See FCC Form 301 - Section II-Legal, Item 4 (d) for ``eligible entity'' exhibit requirements. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006. 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report
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- or (iii) more than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. 38See47 C.F.R. 73.5008 (c). 39SeeFCC Form 301 -Section II-Legal, Item 4 (d) for "eligible entity" exhibit requirements. 4047 C.F.R. 1.1910. 41Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 42See47 C.F.R. 1.65. 4347 C.F.R. 1.2108(b), 73.5006. 4447 C.F.R. 73.5006. 4547 C.F.R. 73.5006(c). 46Id. 47See"Commission Taking Tough Measures Against Frivolous Pleadings," Public Notice, 11 FCC Rcd 3030 (1996). 11910 36.After the long-form review process, if the Commission determines that an applicant is otherwise qualified, that there are no substantial and material issues of fact, and that no additional payments are
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- on its short-form application. Examples of communications that may raise concern, given the anonymous bidding procedures in effect for Auction 86, include an applicant's statement to the press about its upfront payment or bidding eligibility, and an applicant's statement to the press that it is or is not interested in bidding in the auction. Disclosure Obligations and Possible Sanctions Section 1.65 requires auction applicants that engage in communications of bids or bidding strategies that may themselves be prohibited, and that result in an agreement, arrangement, or understanding not already identified on their short-form applications, to promptly disclose any such agreement, arrangement, or understanding to the Commission by amending their pending applications. In addition, section 1.2105(c)(6) requires all auction applicants to report
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- its short-form application.17Examples of communications that may raise concern, given the anonymous bidding procedures in effect for Auction 86, include an applicant's statement to the press about its upfront payment or bidding eligibility, and an applicant's statement to the press that it is or is not interested in bidding in the auction. C. Disclosure Obligations and Possible Sanctions 32. Section 1.65 requires auction applicants that engage in communications of bids or Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules," Public Notice, 11 FCC Rcd 9645 (1995). 1347 C.F.R. 1.2105(c)(1). 14For example, the Commission imposed a forfeiture in the amount of $100,000 for violation of section 1.2105(c), even though the applicant never made an upfront payment for the auction and was not
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- Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits.
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- 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). The FCC Form 601 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment E. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC
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- or settlements, unless suchapplicants have identified each other on their short-form applications as parties with whom they have entered into agreements under section 1.2105(a)(2)(viii).36For Auction 86this prohibition began at the short-form application filing deadline of August18, 2009 at 6:00 p.m. ET and continues until the down payment deadline, which is 6:00 p.m. ET on November 23, 2009.37 3047 C.F.R. 1.65. 3147 C.F.R. 1.2108(b). 3247 C.F.R. 1.2108(c). 33Id. 34See"Commission Taking Tough Measures Against Frivolous Pleadings," Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). 35See47 C.F.R. 1.2108(d), 1.2109(a). 3647 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 ofthe Commission's Rules Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270, 16 FCC
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- on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for
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- instructions on the FCC Form 601 carefully and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See47 C.F.R. 1.65.Incomplete or defective applications may be returned to the applicant. See47 C.F.R. 1.934(a), (d), (f); see also47 C.F.R. 1.933(b). Applicants must file FCC Form 601 electronically. An applicant that fails to submit the required FCC Form 601 application(s) prior to 6:00 p.m. Eastern Time (ET) on November 23, 2009, and fails to establish good cause for any late-filed submissions,
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- As indicated in its filing, Prophecy proposed to construct the tower on land owned by Walter C. Winters (``Winters''). On June 26, 2008, MFHL filed an Informal Objection to the Application, asserting that: 1) at the time of the filing of the Application, Prophecy lacked a reasonable assurance of site availability; and 2) Prophecy later failed to comply with Section 1.65 of the Commission's Rules (``the Rules'') by failing to inform the Commission that the FAA had issued a Notice of Presumed Hazard (the ``Notice'') in connection with the Prophecy proposal. MFHL also accused Prophecy of making false and material misrepresentations to the Commission and called upon the staff to investigate Prophecy. In response, Prophecy filed a ``Response to Informal Objection''
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- Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. 73.7002(b). Id. Id. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See
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- asserts that Warren states NJHCS does not have an agreement with NJPBA to use the proposed site, which, Rev. Hare maintains, ``confirms'' that NJPBA does not have permission to construct its facilities on the site proposed. WRI concludes that NJPBA has been prosecuting an application without a viable transmitter site, which ``raises several important issues,'' including the violation of Section 1.65 of the Commission's Rules (the ``Rules''). In its Opposition, NJPBA states that WRI is seeking to apply a more stringent site assurance standard than is required by the Commission and that WRI's evidentiary showing ``falls woefully short'' of the site assurance standard applicable in the instant case. NJPBA states that Beverage's assertion that communications antennas are no longer allowed on
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- Highly Subscribed Digital Tier (2) N Mean S.E. Mean Mean S.E. Sample groups overall 672 5.0 0.09 620 37.5 0.64 Noncompetitive Communities 387 4.9 0.10 348 37.1 0.71 Communities relieved from rate regulation 285 5.4 0.25 272 39.3 1.46 Second cable operator subgroup (overall) 107 5.6 0.34 96 40.5 1.39 Second cable operator subgroup (incumbents) 55 5.9 0.42 55 39.4 1.65 Second cable operator subgroup (rivals) 52 4.5 0.36 41 45.4 1.77 DBS subgroup 78 5.2 0.37 76 39.7 2.21 Wireless MVPD subgroup 33 6.5 0.39 33 35.7 1.81 Low penetration test subgroup 67 3.6 0.31 67 38.5 1.58 Source: 2007/2008 survey. (1) Video channels showing re-transmissions in digital high definition of local broadcast stations, requiring lease of a high definition
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- Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. In such circumstances, the prevailing applicant need not satisfy the 5,000 person differential threshold. See Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001; Mass Media Bureau Provides Examples of Application of NCE
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- report such communication in writing to the Commission immediately and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- must report such communication in writing to the Commission immediately and in no case later than five business days after the communication occurs.40The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.41 16.In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnishedin its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.42Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included
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- publicized by each station as part of its consumer education obligations. Id. at 52-54. See 47 C.F.R. 73.674. In order to provide consumers with sufficient advance notice of a change in plans, we ask that stations file time of day updates not later than 30 days prior to their planned termination date. See id. and 47 C.F.R. 1.65(a). (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 PNG r v "r9 I'6 dY͆aX ; Wh X,aXy]\\.W`hva6l! v"]Vat-``````"m(c)x
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- filed and formally opposed, mutually exclusive applicants in auction proceedings may freely communicate with the Commission concerning their applications, so long as the application has not become subject to ex parte restrictions for some other reason, e.g., the applicant has filed a waiver request that has been formally opposed.''). In addition, we remind Cornerstone of its continuing obligation under Section 1.65(a) of the Commission's Rules, 47 C.F.R. 1.65(a), to update its application to provide the Commission with any other information of decisional significance. (...continued from previous page) (continued....) Federal Communications Commission DA 09-896 Federal Communications Commission DA 09-896 V F @ @ @ @ @ @ @ @
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- filed and formally opposed, mutually exclusive applicants in auction proceedings may freely communicate with the Commission concerning their applications, so long as the application has not become subject to ex parte restrictions for some other reason, e.g., the applicant has filed a waiver request that has been formally opposed."). 66In addition, we remind Cornerstone of its continuing obligation under Section 1.65(a) of the Commission's Rules, 47 C.F.R. 1.65(a), to update its application to provide the Commission with any other information of decisional significance. 4863 Federal Communications Commission DA 09-896 arguments raised in AMTS Consortium's Petition for Reconsideration of the Havens Letter Ruling, we dismiss the Petition for Reconsideration as moot. III. ORDERINGCLAUSES 17. Accordingly, IT IS ORDERED that, pursuant to
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- adequate and specific factual allegations sufficient to warrant the relief requested). \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 \par The thrust of White Park\rquote s argument is that action on Skywest\rquote s Applications should be delayed until the staff has considered its conduct in the Kaycee, Wyoming, proceeding. White Park specifically alleges that Skywest has not complied with its obligations under Section 1.65 of the Commission\rquote s Rules.}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \cs18\fs22\super \chftn {\footnote \ltrpar \pard\plain \ltrpar \s17\ql \li0\ri0\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\rin0\l in0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs18\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i {\*\xmlopen\xmlns2{\factoidname place}}{\*\xmlopen\xmlns2{\factoidname State}}Id.}{\rtlch\fcs1 \af0 \ltrch\fcs0 {\*\xmlclose}{\*\xmlclose} at 3. }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R \'a7 1.65. \par }}}{\rtlch\fcs1 \af0\afs22 \ltrch\fcs0 \fs22 However, White Park
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- its participation in the auction. Attachment A to this Public Notice lists the short-form applications for Auction 88 that are complete. Each of these applicants will become a qualified bidder upon receipt of the required upfront payment by the June 17, 2010, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by Section 1.65 and 1.2105 of the Commission's rules. Attachment A also indicates the designated construction permits for each applicant. If an applicant claimed a New Entrant Bidding Credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 88 found
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- as a result of its participation in the auction.3 4.Attachment A to this Public Notice lists the short-form applications for Auction 88that are complete. Each of these applicants will become a qualified bidder upon receipt of the required upfront payment by theJune17, 2010,deadline described below.4 Each applicant also must maintain the accuracy of its short-form application as required by Section 1.65 and 1.2105 of the Commission's rules.5 Attachment A also indicates the designatedconstruction permits for each applicant. If anapplicant claimed a New Entrant Bidding Credit,6the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 5.IncompleteApplications. Attachment B to this Public Notice lists the short-form applications for Auction 88found to be incomplete or otherwise
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- to 6:00 p.m. ET. In order to provide better service to the public, all calls to the hotline are recorded. SUBMISSION OF AUCTION SHORT-FORM APPLICATIONS The Bureaus will specify procedures for Auction 88 applicants to electronically file short-forms applications (FCC Form 175) in ISAS in a future public notice. Those procedures will include instructions for reporting changes pursuant to Section 1.65 of the Commission's rules. Applicants are reminded that certain changes may be considered a ``major modification'' of an application and could result in dismissal of the application and disqualification of an applicant from participation in Auction 88. Bureaus seek comment on auction procedures Section 309(j)(3)(E)(i) of the Communications Act of 1934, as amended, requires the Commission to ``ensure that, in
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- systems for filings that require an FRN will not accept a filing without the appropriate FRN). 881 VI. SUBMISSION OF AUCTION SHORT-FORM APPLICATIONS 13. The Bureaus will specify procedures for Auction 88 applicants to electronically file short- forms applications (FCC Form 175) in ISAS in a future public notice. Those procedures will include instructions for reporting changes pursuant to Section 1.65 of the Commission's rules.12Applicants are reminded that certain changes may be considered a "major modification" of an application and could result in dismissal of the application and disqualification of an applicant from participation in Auction 88.13 VII. BUREAUS SEEK COMMENTON AUCTION PROCEDURES 14. Section 309(j)(3)(E)(i) of the Communications Act of 1934, as amended, requires the Commission to "ensure that, in
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.17The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.18 34.In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.19Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its
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- other avenues, such as WHYY's website or radio station. It should be noted that prior Commission authorization to relocate a station's main studio from one location to another within the community of license is not required. Subsequent to the relocation, the licensee should notify the Commission of their move. 47 C.F.R. 73.1125(d)(1). 47 C.F.R. 73.1125(a). 47 C.F.R. 1.65. City also asserts that WHYY failed in its renewal application to advise the Commission of its plans to close its main studio in Wilmington. We have already addressed and denied City's allegation regarding WHYY's main studio. WHYY Opposition to Informal Objection at 5. In the Matter of 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes,
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- Legal Information, paragraph B. Item 2: Parties to the Application; Instructions for Form 349, Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, Instructions for Section II - Legal Information, paragraph J. Item 11: Auction Authorization. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82,
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- for Section II Legal Information, paragraph B. Item 2: Parties to the Application; Instructions for Form 349, Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, Instructions for Section II Legal Information, paragraph J. Item 11: Auction Authorization. 4447 C.F.R. 1.1910. 45Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 46See47 C.F.R. 1.65. 4747 C.F.R. 1.2108(b), 73.5006 4847 C.F.R. 73.5006. 10078 list such applications as "Accepted for Filing." An applicant for an AM or FM station may file an opposition to any petition to deny within five days of the filing deadline for petitions to deny and an applicant for an FM translator station may file an opposition to any petition
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- 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). The FCC Form 601 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment F. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). See 47 C.F.R. 1.2108(d), 1.2109(a). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC
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- its information in the Commission's Universal Licensing System ("ULS") using FCC Form 601.31With the release of this 2847 C.F.R. 1.2104(g), 1.2107(c). 2947 C.F.R. 1.919, 1.2107(f). 30The FCC Form 601ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment F. 3147 C.F.R. 1.65. 18170 Public Notice, applicants are no longer requiredto maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. J. Application Processing, Petitions to Deny, and License Grant 32. After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of
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- not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0798. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507. See 47 C.F.R. 1.65. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). See 47 C.F.R. 1.2104(g), 1.2107(c). The following three radio service codes apply to licenses available in Auction 87: ``CP'' is for Part 22 VHF/UHF Paging (excluding 931 MHz) licenses; ``CZ'' for Part 22 931 MHz Paging licenses; and ``GC'' for 929-931 MHz Band (Auctioned) licenses. Implementation
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- accuracy and completeness of information furnished in its pending application.1 Incomplete or defective applications may be returned to the applicant.2 A winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 26, 2010. An applicant that fails to submit a long-form application by this deadline and fails to 1See 47 C.F.R. 1.65. 2See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). 18493 establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules.3 Number of Forms To Be Filed. An applicant applying for multiple licenses may submit one FCC
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- satellites were unrealistic, and that delays were foreseeable. It was not until December 14, 2009 - more than a year later - that Globalstar informed the Commission, by filing the application now before us, that it could not meet the deadlines. This delay in providing material information further informs our analysis of Globalstar's current application. See also 47 C.F.R. 1.65(a). Application for Extension of Compliance Deadlines at 9. Globalstar indicates that it had to seek debt and equity financing to a greater extent than it had originally anticipated, due to a decline in service revenue from $92 million in 2006 to $62 million in 2008 as a result of the degradation of its voice and duplex services. Id. at 2
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- deploying 24 second-generation satellites were unrealistic, and that delays were foreseeable. It was not until December 14, 2009 more than a year later that Globalstar informed the Commission, by filing the application now before us, that it could not meet the deadlines. This delay in providing material information further informs our analysis of Globalstar's current application. See also47 C.F.R. 1.65(a). 55Application for Extension of Compliance Deadlines at 9. Globalstar indicates that it had to seek debt and equity financing to a greater extent than it had originally anticipated, due to a decline in service revenue from $92 million in 2006 to $62 million in 2008 as a result of the degradation of its voice and duplex services. Id.at 2 n.3.
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94- 102, Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-309, Biennial Regulatory Review Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize 6341 Federal Communications Commission DA 10-18 8 28. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.49 Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- and 1.2109(d). 14887 Federal Communications Commission DA 10-2008 immediately, and in no case later than five business days after the communication occurs.41 The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period.42 19. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.43 Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- 73.7003(e) and (f)(3); Procedures PN, 22 FCC Rcd at 15051; Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits.
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.43 The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period.44 21. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.45 Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- (collectively, with the Quemado Application, the ``Applications''). 2. In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.283 and 1.80 of the Commission's Rules (the ``Rules''), we find that IJR apparently willfully and repeatedly violated Section 1.65 of the Rules, by failing to report changes in relevant information in the Applications. Based upon our review of the facts and circumstances before us, we grant the Petition in part, conclude that IJR is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000), and we grant the captioned Quemado Application. 3. Background. IJR is
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- Federal Register summary of that order, which made procedural amendments to section 1.2105 of the Commission's competitive bidding rules. On January 7, 2010, the Commission issued an Order that amended the rule specifying how to report potential violations of section 1.2105(c) and amended the rules specifying how quickly applicants must modify pending auction applications to satisfy the requirements of sections 1.65(a) and 1.2105(b) of the Commission's rules. The Order also modified the subheading of section 1.2105(c). A summary of the Order was published in the Federal Register on January 29, 2010, but the changes made therein were not consistent with the Order as released. We now amend the heading of section 1.2105 to read ``Bidding application and certification procedures; prohibition of
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- Federal Register summary of that order, which made procedural amendments to section 1.2105 of the Commission's competitive bidding rules. 2. On January 7, 2010, the Commission issued an Orderthat amended the rule specifying how to report potential violations of section 1.2105(c) and amended the rules specifying how quickly applicants must modify pending auction applications to satisfy the requirements of sections 1.65(a) and 1.2105(b) of the Commission's rules.1The Orderalso modified the subheading of section 1.2105(c).2A summary of the Orderwas published in the Federal Register on January 29, 2010, but the changes made therein were not consistent with the Orderas released.3 3. We now amend the heading of section 1.2105 to read "Bidding application and certification procedures; prohibition of certain communications." The Order
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- Announces NCE FM New Station and Major Change Filing Procedures for October 12 - October 19, 2007, Window; Limited Application Filing Freeze to Commence on September 8, 2007, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007) (establishing special filing procedures for pending applications, including the mandatory dismissal of applications for failure to comply with such procedures). See 47 C.F.R. 1.65 (applicants required to maintain the continuing accuracy and completeness of information furnished in pending applications; corrected information to be furnished within 30 days). The application filing freeze was an element of the NCE comparative rulemaking proceeding, MM Docket No. 95-31, and was announced with the April 21, 2000, release of the NCE Report and Order in that proceeding. See Reexamination
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- a bidding credit. Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 87 that are complete. These applicants will become qualified bidders in Auction 87 upon receipt of the required upfront payment by 6:00 p.m. ET on Friday, April 30, 2010. Applicants also must maintain the accuracy of their short-form applications as required by sections 1.65 and 1.2105 of the Commission's rules. Incomplete Applications. Attachment B to this Public Notice lists the short-form applications for Auction 87 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1) make
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- is below the $3,000,000 cap for applicants seeking a 35 percent bidding credit, we find these applicants' requests moot. Moreover, requests concerning application qualifications and eligibility for designated entity status are generally considered after the auction during the long-form application process. 5See47 C.F.R. 1.2106. 3523 Applicants also must maintain the accuracy of their short-form applications as required by sections 1.65 and 1.2105 of the Commission's rules.6 9. Incomplete Applications.Attachment B to this Public Notice lists the short-form applications for Auction 87 found to be incomplete or otherwise deficient. These applicants will receive overnight correspondence indicating what information is required to make their applications complete. These applicants may become qualified bidders only if they timely take the following actions: (1)make the
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.18The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.19 34.In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.20Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its
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- this transaction is in the public interest. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), and Sections 25.119(d) and 25.137(g) of the Commission's rules, 47 C.F.R. 25.119(d), 25.137(g), the applications listed in Appendix A are GRANTED. IT IS FURTHER ORDERED that, pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, the Applicants are afforded 60 days from the date of release of this Order to make any necessary amendments to pending applications to reflect the transfer of control approved in this Order. IT IS FURTHER ORDERED that this Order is effective upon release. Petitions for reconsideration under Section 1.106 of the Commission's
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- of this transaction is in the public interest. IV. ORDERING CLAUSES 22.Accordingly, IT IS ORDERED that,pursuant to Section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 310(d), and Sections 25.119(d) and 25.137(g) of the Commission's rules, 47 C.F.R. 25.119(d), 25.137(g), the applications listed in Appendix A are GRANTED. 23.ITIS FURTHER ORDERED that, pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, the Applicants are afforded 60 days from the date of release of this Order to make any necessary amendments to pending applications to reflect the transfer of control approved in this Order. 24.ITIS FURTHER ORDERED that this Order is effective upon release. Petitions for reconsideration under Section 1.106 of the Commission's rules,
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- designated entity status or the licenses for which it has applied.'' Based on our review of the record and the Auction 71 bidding, we are unable to conclude that the disclosures by ASTCA and STI after the April 20, 2007 deadline for the resubmission of short-form applications of the existence of their mutual understanding violated the procedural requirements of section 1.65 of the Commission's rules, as Blue Sky claims. ASTCA points out that the parties sought to disclose a ``preexisting understanding,'' which ``provided notice to all other bidders of the employment of Alex Sene and Carl Sene at ASTCA, and their roles as officers, directors and shareholders of STI'' prior to the commencement of the auction. Specifically, ASTCA's Disclosure Letter states
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- status or the licenses for which it has applied."100 51. Based on our review of the record and the Auction 71 bidding, we are unable to conclude that the disclosures by ASTCA and STI after the April 20, 2007 deadline for the resubmission of short- form applications of the existence of their mutual understanding violated the procedural requirements of section 1.65 of the Commission's rules, as Blue Sky claims.101ASTCA points out that the parties sought to disclose a "preexisting understanding," which "provided notice to all other bidders of the employment of Alex Sene and Carl Sene at ASTCA, and their roles as officers, directors and shareholders of STI" prior to the commencement of the auction.102Specifically, ASTCA's Disclosure Letter states that "the
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- and Zion elected to rely on the time-share agreement, the failure of that agreement should result in the forfeiture of their points, and BSR, with three points, should be declared the sole prevailing applicant. Finally, BSR reiterates its argument, also previously rejected by the Commission, that Zion was required to apprise the Commission of its relocation efforts pursuant to Section 1.65 of the Rules and failed to do so. 4. On March 4, 2010, and in response to a staff request for additional information, Zion states that ``[o]n July 1, 2008, the College's primary campus was relocated to Haverhill, [Massachusetts]'' but that it ``continue[s] to own and offer limited courses at the Barrington, Rhode Island campus. So, in fact, we currently
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- to violate section 1.2105(c) to report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. Each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to report to the Commission any communication of a bid or bidding strategy that results in a bidding arrangement, agreement, or understanding after the short-form filing application deadline. , or delivered to the following address: Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street,
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- appears to violate section 1.2105(c) to report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.19Each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.20 35.In addition, section 1.65 of the Commission's rules requires an applicant to report to the Commission any communication of a bid orbidding strategy that results in a bidding arrangement, agreement, or understanding after the short-form filing application deadline.21 36.Any party reporting a prohibited communication must take care to ensure that any such report does not itself give rise to a violation of section 1.2105(c).
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- 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.2104(g), 1.2107(c). 47 C.F.R. 1.919, 1.2107(f). The FCC Form 601 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment E. 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. See ``Commission Taking Tough Measures Against Frivolous Pleadings,'' Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Commission staff may determine, for example, that a winning bidder is not entitled to the level of bidding credit that it has claimed and may require an additional payment to cover the amount of
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- that no additional payments are due, the Commission will issue a public notice announcing grant of the license to the applicant.35 2747 C.F.R. 1.919, 1.2107(f). 28The FCC Form 601 ownership reporting requirement can be fulfilled by referencing the file number, date, and name of filer of the appropriate FCC Form 602. See discussion in Attachment E. 2947 C.F.R. 1.65. 3047 C.F.R. 1.2108(b). 3147 C.F.R. 1.2108(c). 32Id. 33See"Commission Taking Tough Measures Against Frivolous Pleadings," Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). 34Commission staff may determine, for example, that a winning bidder is not entitled to the level of bidding credit that it has claimed and may require an additional payment to cover the amount of any
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- not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0798. THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507. See 47 C.F.R. 1.65. See 47 C.F.R. 1.934(a), (d), (f); see also 47 C.F.R. 1.933(b). See 47 C.F.R. 1.2104(g), 1.2107(c). Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Report and Order, 21 FCC Rcd 891, 911-12 51-52 (2006) (``CSEA Report and Order''). 47 C.F.R. 1.2107(g). See
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- and should consult the Commission's rules to ensure that, in addition to the materials described below, all the information that is required under the rules is included with its long-formapplication. Each applicant is also responsible for the continuing accuracy and completeness of information furnished in its pending application.1Incomplete or defective applications may be returned to the applicant.2 1See47 C.F.R. 1.65. 2See47 C.F.R. 1.934(a), (d), (f); see also47 C.F.R. 1.933(b). 10507 E- A winning bidder must file its FCC Form 601 electronically prior to 6:00 p.m. Eastern Time (ET) on August 11, 2011. Anapplicant that fails to submit a long-form application by this deadline and fails to establish good cause for any late-filed submissions shall be deemed to have
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- 1.2105(c) must report such communication in writing to the Commission immediately, andin no case later than five business days after the communication occurs.16The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.17 33.In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.18Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its
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- Only All Full- and Low-Power Stations DISH Network DIRECTV SIOUX CITY 149 IA 110,500 70.70% 9 5.01 5.86 5 7 NE 39,800 25.46% 6 1.47 2.88 1 1 SD 6,000 3.84% 3 4.81 4.81 0 0 SIOUX FALLS(MITCHELL) 112 IA 6,800 2.56% 2 5.01 6.51 0 0 MN 21,300 8.01% 2 1.46 1.72 1 1 NE 2,300 0.86% 1 1.64 1.65 0 6 SD 235,500 88.57% 25 5.68 7.32 6 0 SOUTH BEND-ELKHART 93 IN 255,500 75.30% 10 8.67 13.76 8 6 MI 83,800 24.70% 0 4.76 5.71 0 0 SPOKANE 75 ID 127,200 29.30% 4 1.03 6.01 2 2 MT 8,100 1.87% 0 0.03 1.41 0 0 OR 3,000 0.69% 0 0.93 1.87 0 0 WA 295,900 68.15% 14 6.23
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- petitions, or other filings pending at the time of consummation, and all special temporary authorizations (STA) held by the MGH Subsidiaries or applications for STAs that are pending at the time of consummation. Applicants state that, following the closing of the proposed transaction, the MGH Subsidiaries will supplement their pending applications as required under the Commission's rules, 47 C.F.R. 1.65, to reflect the new ownership structure. Applicants also request, pursuant to sections 1.927(h), 1.929(a)(2), and 25.116(b)(4) of the Commission's rules, a blanket exemption from applicable cut-off rules in matters where the MGH subsidiaries file amendments to pending applications to reflect consummation of the proposed transfer of control. EX PARTE STATUS OF THIS PROCEEDING This proceeding shall be treated as a
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- applications, petitions, or other filings pending at the time of consummation, and all special temporary authorizations (STA) held by the MGH Subsidiaries or applications for STAs that are pending at the time of consummation. Applicants statethat, following the closing of the proposed transaction, the MGH Subsidiaries will supplement their pending applications as required under the Commission's rules, 47 C.F.R. 1.65, to reflect the new ownership structure.4 Applicants also request, pursuant to sections 1.927(h), 1.929(a)(2), and 25.116(b)(4) of the Commission's rules,5a blanket exemption from applicable cut-off rules in matters where the MGH subsidiaries file amendments to pending applications to reflect consummation of the proposed transfer of control. EX PARTESTATUS OF THIS PROCEEDING This proceeding shall be treated as a "permit-but-disclose" proceeding
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- in Auction No. 86 ) ) ) ) ) File No.: EB-11-IH-0734 NAL/Acct. No.: 201232080004 FRN: 0005209374 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 14, 2011 Released: October 14, 2011 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Vermont Telephone Company, Inc. (``VTel''), apparently violated sections 1.17 and 1.65 of the Commission's rules (``Rules'') by willfully and repeatedly failing to submit accurate revenue information to the Commission and by failing to maintain the continuing accuracy of its application in connection with its participation in Auction No. 86. Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that VTel
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- Amendment as an officer of the corporation. KBOO avers that it did not violate Section 73.3513 because Mr. Lauer was an officer at the time of the December 2010 Amendment. KBOO had failed to update the December 2010 Amendment's list of Board members. It filed the January 2011 Amendment to correct this oversight. Accordingly, we find no certification defect. Section 1.65 Violation. CVEF alleges that KBOO's failure to update its application to reflect the January 2011 Amendment Board changes is a violation of Section 1.65 of the Rules, which requires applicants to submit an amendment within 30 days of when the information in the pending application is no longer substantially accurate and complete in all significant respects. Only deliberate misrepresentations are
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.41The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period.42 22. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.43Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its
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- the violations were due to its employees' lapses and misunderstandings). We note that all applicants for common carrier fixed point-to-point microwave station licenses must certify that ``all statements made in th[e] applications and in the exhibits, attachments, or documents incorporated by reference...are true, complete, correct, and made in good faith.'' See Form 601; General Certification Statements. Furthermore, pursuant to section 1.65 of the Rules, applicants for Commission licenses are ``responsible for the continuing accuracy and completeness of information furnished in a pending application.'' 47 C.F.R. 1.65(a). Rather than providing complete and accurate information, the dates provided by Cricket in its filings led the Commission to believe that the company did not construct or operate until two months after WTB granted
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- F. Hopper III). This authorization is without prejudice to the Commission's action in any other related pending proceedings. 360networks Corporation Grant of Authority FROM: Current Licensee: Zayo Group, LLC 360networks holdings (USA) inc. Transfer of Control 360networks holdings (USA) inc. Dismissal ITC-214-20090527-00249 Verson Studio Application hereby dismissed by Chief, Policy Division, International Bureau on June 29, 2011, pursuant to sections 1.65, 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.65, 1.748(a), 63.51(b), for failure to furnish to the Commission, information of decisional significance regarding the applicant. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-19970130-00048 Telco Partners, Inc By letter filed September 1, 2011, Applicant notified the Commission of the Surrender of
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- F. Hopper III). This authorization is without prejudice to the Commission's action in any other related pending proceedings. 360networks Corporation Grant of Authority FROM: Current Licensee: Zayo Group, LLC 360networks holdings (USA) inc. Transfer of Control 360networks holdings (USA) inc. Dismissal ITC-214-20090527-00249 Verson Studio Application hereby dismissed by Chief, Policy Division, International Bureau on June 29, 2011, pursuant to sections 1.65, 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.65, 1.748(a), 63.51(b), for failure to furnish to the Commission, information of decisional significance regarding the applicant. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. SURRENDER ITC-214-19970130-00048 Telco Partners, Inc By letter filed September 1, 2011, Applicant notified the Commission of the Surrender of
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- Form 301 - Section II-Legal, Item 4(d): Auction Authorization for ``eligible entity'' exhibit requirements. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Media Bureau staff may determine, for example, that a winning bidder is not entitled to the level of bidding credit that it has claimed and may require an additional
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- 37See47 C.F.R. 73.5008(c). 38SeeFCC Form 301 -Section II-Legal, Item 4(d): Auction Authorization for "eligible entity" exhibit requirements. See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II Legal Information, paragraph B. Item 2: Parties to the Application. 3947 C.F.R. 1.1910. 40Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 41See47 C.F.R. 1.65. 1922 I. Application Processing, Petitions to Deny and Construction Permit Grant 30.After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules,42interested parties will have ten days from release of that public notice to file petitions to
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- No. 07-260 Dear Licensee: The Media Bureau is investigating allegations concerning the accuracy, completeness, and truthfulness of representations made by Fox Television Stations, Inc. (``Fox'' or the ``Licensee''), licensee of WWOR-TV, Secaucus, New Jersey (the ``Station''), in certain communications with the staff of the Federal Communications Commission (``Commission''). Specifically, the Commission is investigating whether Fox has violated Sections 1.17 or 1.65 of the Commission's rules in connection with these communications or any other communications with the Commission or its staff in the above-referenced proceeding. In letters dated November 27, 2009 and February 15, 2010 and submitted in the docket for this proceeding, Voice for New Jersey (``VNJ'') alleges that, in communications with Commission staff members on August 26, 2009, Fox misrepresented
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- 12. 29See47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 30 47 C.F.R. 1.2105(c)(6); see alsoPart 1 Seventh Report and Order, 16 FCC Rcd at 17,555 17. 3348 Federal Communications Commission DA 11-420 6 beyond the five-day period after the communication is made, even if the report is not made within the five day period.31 21. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.32 Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 91 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the March 21, 2011, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A also indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates that the applicant has provided
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- Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 91," AU Docket No. 10-183, Public Notice, DA 10-2253, 25 FCC Rcd 16787(2010) ("Auction 91 Procedures Public Notice"). A summary of this public notice was published at 76 Fed. Reg. 3892 (Jan. 21, 2011). 2Seesection I.B., below; see also 47 C.F.R. 1.2106 (upfront payment rule). 3421 required by sections 1.65 and 1.2105 of the Commission's rules.3Attachment A also indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit,4the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 4.Designation of an application as complete indicates that the applicant has provided the certifications
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- nondiscrimination certification requirement. Issued by: Chief, Enforcement Bureau -FCC- . See Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922, 5940 40 (2008). See id. at 5941 49. See id. . See 47 U.S.C. 309(k). See 47 C.F.R. 1.17. See 47 C.F.R. 1.65 (applicants have a continuing obligation to advise the FCC, through amendments, of any substantial and material changes in the information furnished in this application). PUBLIC NOTICE of 2 PUBLIC NOTICE FCC ENFORCEMENT ADVISORY Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 News Media Information 202 / 418-0500 Internet:
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- first two matters were investigated by the Commission's Enforcement Bureau, which found that they raised no material question as to Globalstar's basic qualifications. Consequently, there is no need for further evaluation of these two matters in this Order. The third matter - failure to promptly inform the Commission of the application to ANFR - allegedly involves a violation of Section 1.65(a) of the Commission's rules. Section 1.65(a) states that when information in a pending application ``is no longer substantially accurate and complete in all significant respects,'' the applicant must either amend within 30 days to correct the inaccuracy or furnish the missing information, or show good cause for not doing so. Section 1.65(a) also states that unless good cause is shown,
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- noted, the first two matters were investigated by the Commission's Enforcement Bureau, which found that they raised no material question as to Globalstar's basic qualifications.32Consequently, there is no need for further evaluation of these two matters in this Order. 15. The third matter failure to promptly inform the Commission of the application to ANFR allegedly involves a violation of Section 1.65(a) of the Commission's rules.33Section 1.65(a) states that when information in a pending application "is no longer substantially accurate and complete in all significant respects," the applicant must either amend within 30 days to correct the inaccuracy or furnish the missing information, or show good cause for not doing so. Section 1.65(a) also states that unless good cause is shown, an
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- AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. The Bureau and AST have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us,
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- Feb. 1, 2011). Moreover, all applicants for common carrier fixed point-to-point microwave station licenses must certify that ``all statements made in th[e] applications and in the exhibits, attachments, or documents incorporated by reference...are true, complete, correct, and made in good faith.'' See Form 601 (Application for Wireless Telecommunications Bureau Radio Service Authorization); General Certification Statements. See also 47 C.F.R. 1.65 (Substantial and significant changes in information furnished by applicants to the Commission). See 47 C.F.R. 101.103(d). Under the Commission's licensing procedures, a license is not automatically canceled until the Commission takes an affirmative action to do so as reflected by the ULS. Here the license cancellation was tolled by the Port Authority's timely filed waiver extension request, and the
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- report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.19The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.20 34.In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application.21Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in its
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- ``snap shot''). Id. Id. We note that an attachment to a 2004 Bureau Public Notice appears to require that an applicant amend its application to report a ``less favorable position'' with respect to population coverage and fair distribution analysis when it both amends its technical proposal and is the licensee of a new NCE station in the area. See Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM Translator Station Applicants, Public Notice, 19 FCC Rcd 24740, 24743 (MB 2004), Attachment 1, Example 4. To the extent that this Public Notice can be read to imply that an applicant will need to amend to report a less favorable comparative position solely on the basis of the subsequent grant of
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- 1.41 Request (filed Apr. 6, 2007) (Petition to Deny). PSI filed an opposition. Opposition to Petition to Deny, or in the Alternative, Section 1.41 Request (filed Apr. 19, 2007). Petitioners filed a reply. Reply to Opposition to Petition to Deny, or in the Alternative, Section 1.41 Request (filed May 1, 2007). Petitioners also filed a supplemental pleading. Report under Section 1.65 (filed Feb. 22, 2011). 3 See FCC File Nos. 0002879164 (WPKC922), 0002879169 (WPKC933). 4 See Waiver Requests at 1. 5 Also on February 26, 2007, PSI applied for special temporary authority (STA) to operate two sites formerly authorized under the licenses for Stations WPKC922 and WPKC923. See FCC File Nos. 0002925891, 0002925984. The STAs were granted under Call Signs WQGL873
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- 1.41 Request (filed Apr. 6, 2007) (Petition to Deny). PSI filed an opposition. Opposition to Petition to Deny, or in the Alternative, Section 1.41 Request (filed Apr. 19, 2007). Petitioners filed a reply. Reply to Opposition to Petition to Deny, or in the Alternative, Section 1.41 Request (filed May 1, 2007). Petitioners also filed a supplemental pleading. Report under Section 1.65 (filed Feb. 22, 2011). 3SeeFCC File Nos. 0002879164 (WPKC922), 0002879169 (WPKC933). 4SeeWaiver Requests at 1. 5 Also on February 26, 2007, PSI applied for special temporary authority (STA) to operate two sites formerly authorized under the licenses for Stations WPKC922 and WPKC923. See FCC File Nos. 0002925891, 0002925984. The STAs were granted under Call Signs WQGL873 and WQGL874, and are
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- Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 90 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the January 21, 2011, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A also indicates the construction permit or permits selected by each applicant on its application. If an applicant claimed a New Entrant Bidding Credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates that the applicant has
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- of VHF Commercial Television Station Construction Permits Scheduled for February 15, 2011; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 90," AU Docket No. 10-147, Public Notice, DA 10-2008 (rel. November 1, 2010) ("Auction 90 Procedures Public Notice"). 2Seesection I.B., below; see also 47 C.F.R. 1.2106 (upfront payment rule). 61 required by sections 1.65 and 1.2105 of the Commission's rules.3Attachment A also indicates the construction permit or permits selected by each applicant on its application. If an applicant claimed a New Entrant Bidding Credit,4the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 4.Designation of an application as complete indicates that the applicant has provided the
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- Form 301 - Section II-Legal, Item 4(d): Auction Authorization for ``eligible entity'' exhibit requirements. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application. 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Commission staff may determine, for example, that a winning bidder is not entitled to the level of bidding credit that it has claimed and may require an additional payment
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- 38See47 C.F.R. 73.5008(c). 39SeeFCC Form 301 -Section II-Legal, Item 4(d): Auction Authorization for "eligible entity" exhibit requirements. See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II Legal Information, paragraph B. Item 2: Parties to the Application. 4047 C.F.R. 1.1910. 41Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 42See47 C.F.R. 1.65. 4347 C.F.R. 1.2108(b), 73.5006(b). 4447 C.F.R. 73.5006. 4547 C.F.R. 73.5006(c). 46Id. 47SeeCommission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). 7548 34.After the long-form application review process, if the Commission determinesthat additional payment from an applicant is due, the Media Bureau will provide further instructions in a future public notice
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- Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 92 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the June 17, 2011, deadline described below. Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Designation of an application as complete indicates that the applicant has provided the certifications and basic information concerning its qualifications as required by the Commission's competitive bidding rules for participation in the auction. Under the Commission's two-phased auction application process, a winning bidder must submit a long-form application after the close of the auction
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- applications 3. Complete Applications.Attachment A to this Public Notice lists the short-form applications for Auction 92 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the June 17, 2011, deadline described below.2Each applicant also must maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules.3 1See "Auctionof 700 MHz Band Licenses Scheduled for July 19, 2011; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 92," AU Docket No. 10-248, Public Notice, DA 11-420, 26 FCC Rcd 3342 (2011)("Auction 92 Procedures Public Notice"). 2Seesection I.B., below; see also 47 C.F.R. 1.2106 (upfront payment
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- 11 11,933 883 0.00 60.88 1,554.61 29.33 0.32 0.18 0.04 132.97 13.87 IN 1,366 117 69 34 12 10,166 390 0.00 68.15 851.33 1.55 0.00 0.65 0.13 69.12 7.79 KS 551 53 37 34 13 1,219 435 0.00 20.17 543.15 21.80 0.33 0.00 0.00 40.75 0.00 KY 18,120 653 312 93 16 267,927 8,321 30.29 4,086.60 13,437.99 502.09 12.07 4.82 1.65 1,131.75 24.57 LA 4,570 169 100 46 16 30,098 3,455 1.25 789.23 4,883.15 187.74 0.10 21.85 0.00 210.19 26.45 MA 1,143 47 31 6 5 8,785 257 0.00 55.18 602.94 21.86 0.25 0.00 0.00 35.42 2.51 MD 233 25 22 9 7 1,180 65 0.01 12.48 157.97 1.17 0.00 0.01 0.00 16.97 0.33 ME 5,079 134 74 12 7 9,674
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- Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 93 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the February 22, 2012, deadline described below. Each applicant must also maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates the applicant has provided the certifications
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- Bids, Upfront Payments, and Other Procedures for Auction 93," AU Docket No. 11-146, Public Notice, DA 11-1845, 26 FCC Rcd 15484 (WTB/MB 2011) ("Auction 93 Procedures Public Notice"). A summary of this public notice was published at 76 Fed. Reg. 78645 (Dec. 19, 2011). 2Seesection I.B., below; see also 47 C.F.R. 1.2106 (upfront payment rule). 1300 required by sections 1.65 and 1.2105 of the Commission's rules.3Attachment A indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit,4the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. 4.Designation of an application as complete indicates the applicant has provided the certifications and basic
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- (1219) Foreign Language Format Market Measure 2005 2.45 2.07 1.85 * (89) (50) (75) 2007 2.87 2.28 2.17 * (69) (57) (104) 2009 2.23 1.49 * 1.53 * (76) (54) (116) Contour Measure 2005 2.04 2.17 2.40 (108) (64) (42) 2007 2.31 2.46 2.51 (98) (73) (59) 2009 1.70 1.76 1.77 (103) (68) (75) Religion Format Market Measure 2005 2.14 1.65 1.30 * (55) (41) (52) 2007 1.53 1.85 1.33 (39) (32) (62) 2009 1.18 1.59 0.88 (34) (36) (57) Contour Measure 2005 1.70 1.55 1.93 (73) (42) (33) 2007 1.19 1.51 1.95 * (53) (40) (40) 2009 0.88 1.22 1.46 * (53) (31) (43) Table 11 (continued) Average Full-Service Commercial FM Stations' Revenue per Adult by Format Year No LPFM
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- to violate section 1.2105(c) to report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. Each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to report to the Commission any communication of a bid or bidding strategy that results in a bidding arrangement, agreement, or understanding after the short-form filing application deadline. or delivered to the following address: Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street, SW,
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- appears to violate section 1.2105(c) to report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs.17Each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period.18 34.In addition, section 1.65 of the Commission's rules requires an applicant to report to the Commission any communication of a bid or bidding strategy that results in a bidding arrangement, agreement, or understanding after the short-form filing application deadline.19 35.Any party reporting a prohibited communication must take care to ensure that any such report does not itself give rise to a violation of section
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- 31 U.S.C 3717] Millard S. Younts, Station WDRL-TV Request for waiver of FY 2010 regulatory fee. Granted (May 18, 2011) [See Implementation of Section 9 of the Communications Act, 10FCC Rcd 12759, 12762 (1995] MTB Brideport-NY Licensee LLC Station WSAH - Request for wavier of FY 2010 regulatory fee. Granted (January 31, 2012) [See 47 U.S.C. 159(d); 47 C.F.R. 1.65 (a)] Baz Broadcasting, Inc Station WDEB AM and FM - Request for waiver of FY 2010 regulatory fee. Denied (March 23, 2012) [See Implementation of Section 9 of the Communications Act, 9 FCC Rcd 5333, 5346 (1994), recon, granted, 10FCC Rcd 12759, (1995] Roy E. Henderson Station KEMA - FM Request for waiver of FY 08, 09 and 10 regulatory
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- 26 FCC Rcd at 15501-02 61. See also Media Bureau Provides Notice of Suspension of Eligible Entity Rule Changes and Guidance on the Assignment of Broadcast Station Construction Permits to Eligible Entities, DA 11-1232, Public Notice, 26 FCC Rcd 10370 (MB 2011). 47 C.F.R. 1.1910. Id.; see also 47 C.F.R. 1.2109(c) (post-auction defaults). See 47 C.F.R. 1.65. 47 C.F.R. 1.2108(b), 73.5006(b). 47 C.F.R. 73.5006. 47 C.F.R. 73.5006(c). Id. See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, FCC 96-42, 11 FCC Rcd 3030 (1996). Commission staff may determine, for example, that a winning bidder is not entitled to the level of bidding credit that it has claimed and may require an additional payment
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- Procedures Public Notice, 26 FCC Rcd at 15501-02 61. See alsoMedia Bureau Provides Notice of Suspension of Eligible Entity Rule Changes and Guidance on the Assignment of Broadcast Station Construction Permits to Eligible Entities, DA 11-1232, Public Notice, 26 FCC Rcd 10370 (MB 2011). 3747 C.F.R. 1.1910. 38Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 39See47 C.F.R. 1.65. 4047 C.F.R. 1.2108(b), 73.5006(b). 4147 C.F.R. 73.5006. 4247 C.F.R. 73.5006(c). 4062 to deny a long-form application.43The Commission reminds all parties and their counsel that the Commission intends to use its authority fully to deter the filing of frivolous pleadings.44 30.After the long-form application review process, if the Commission determines that additional payment from an applicant is due,
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- Communications Section 1.21002(c) provides that any applicant that makes or receives a communication that appears to violate section 1.21002 must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. An applicant's obligation to make such a report continues until the report has been made. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an Auction 901 applicant to notify the Commission of any substantial change to the information or certifications included
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- -0.22 -0.10 -0 .53 -0.18 -0.12 -0.05 -0.13 1.00 -0.24 Northeast -0.10 -0.17 0.04 -0.22 -0.21 0.13 -0.19 0.25 -0.09 -0.02 -0.08 -0.18 -0.10 0.00 -0.01 -0.05 -0.24 1.00 Table 3 Capex (LnCapex) Regression Variable Coef. Std. Err. t P>|t| LnLoops 0.788 0.071 11.15 0.00 * LnRoadMiles -0.208 0.136 -1.53 0.13 LnRoadCrossings 0.240 0.091 2.64 0.01 * LnStateSACs -0.070 0.043 -1.65 0.10 * PctUndepPlant 0.031 0.002 18.39 0.00 * LnDensity -0.158 0.072 -2.20 0.03 * LnExchanges 0.118 0.061 1.94 0.05 * PctBedrock36 -0.072 0.156 -0.46 0.64 Difficulty 0.118 0.087 1.36 0.17 Climate 0.089 0.030 2.99 0.00 * PctTribalLand 0.0005 0.001 0.47 0.64 PctParkLand 0.018 0.005 3.71 0.00 * PctUrban 0.001 0.002 0.34 0.73 Alaska -0.6223 0.337 -1.85 0.07 * Midwest 0.092
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- (1) all licenses and authorizations issued or assigned to Intelsat Licensees during the pendency of the Application and prior to consummation of any approved transaction; and (2) applications pending at the time of consummation of the proposed transaction. We grant this request to transfer control of the relevant licenses and authorizations issued or assigned to Intelsat Licensees. Consistent with section 1.65 of the Commission's rules, Intelsat indicates that it will also amend as necessary any currently pending applications to reflect the consummation of the transaction approved by this Order. Additionally, to the extent that Appendix A to this Order does not include all authorizations issued to the Intelsat Licensees during the period between the filing of the Applications and the consummation
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- Federal Communications Commission DA 12-768 authorizations issued or assigned to Intelsat Licensees during the pendency of the Application and prior to consummation of any approved transaction; and (2) applications pending at the time of consummation of the proposed transaction.26We grant this request to transfer control of the relevant licenses and authorizations issued or assigned to Intelsat Licensees. Consistent with section 1.65 of the Commission's rules,27Intelsat indicates that it will also amend as necessary any currently pending applications to reflect the consummation of the transaction approved by this Order. Additionally, to the extent that Appendix A to this Order does not include all authorizations issued to the Intelsat Licensees during the period between the filing ofthe Applications and the consummation of the
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- Motion to Dismiss at 11. 42 As it appears that CSC and Nevada DBS have common principals, those individuals should bear in mind that they share responsibility for correcting factual errors in the applica tion and that it does not comport with that responsibility to withhold specific corrective information to cure inaccuracies of which they are aware. See 47 C.F.R. 1.65(a). 43 See Policy Regarding Character Qualifications in Broadcast Licensing. 102 F.C.C.2d 1179, 1204-05 and n.64 (1986), recon. denied. 1 F.C.C.R. 421 (1986), modified, 5 F.C.C.R. 3252 (1990), recon. granted in part, 6 F.C.C.R. 3448 (1991). 44 Moreover, the report about the settlement payment in 1995 states that the defendant company did not admit liability, and does not say that there
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- in connection with the processing round. 5. Discussion Relationship to Processing Round. Approval of this transaction does not prejudge action on GE Americom's request for reconsideration of the 1996 Orbital Assignment Plan, and in particular the award of authorizations to Loral as a new entrant. GE Americom's concern will be addressed separately in connection with those proceedings. Pursuant to Section 1.65 of the Commission's Rules, Loral and AT&T will be required in the next thirty days to amend the applications that each filed in the processing round to reflect the change in ownership approved by this order. Pursuant to Section 25.116(c)(2) and relevant precedent, we : On January 11, Telstar 401 experienced an abrupt failure. However, the authorization for Telstar 401
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- 1,223 1.25 1.92 3.56 4.27 4 27 20 14 13Dominican Republic 2,297 556 0 2,853 633 4.13 5.17 3.10 2.15 2 28 n.a. n.a. n.a.Egypt 270 2,365 0 2,635 68 0.11 1.04 1.75 3.63 7 29 21 24 n.a.Malaysia 680 1,927 0 2,607 173 0.35 0.37 0.37 1.54 1 30 18 15 26Spain 1,493 1,057 2 2,552 1,878 1.41 1.73 1.65 6.01 Top 30 International Points Corciots 281,175 535,916 34,440 851,531 329,906 0.49 0.75 1.09 1.28 Total for all International Points 310,401 561,786 34,711 906,898 344,695 0.52 0.81 1.18 1.41 Top 30 as % of all Intern'l Points 90.6% 95.4% 99.2% 93.9% 95.7% Regional Total Western Europe 87,857 276,164 20,796 384,817 105,885 0.30 0.47 0.85 0.93 Africa 2,756 4,519 0 7,275
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- will be designated for auction in a future notice. File Number Callsign Applicant Name 0000262666 KNKN327 N.E. Colorado Cellular, Inc. 0000309502 KNKN476 WWC Holding Co., Inc. The following Phase 1 Cellular Lottery winner for Market 187B in the Anchorage, AL MSA (See Report No. CL-95-18, released November 22, 1994) was dismissed February 1, 2001, for failure to comply with Sections 1.65(a) and 1.934(c)of the Commission's rules, 47 C.F.R. 1.65(a) and 1.934(c). As a result of this action, Phase 2 applications will be accepted for this market 31 days from this dismissal date. See Section 22.949(b)(1) of the Commission's rules, 47 C.F.R. 22.949(b)(1). File Number Callsign Applicant 10132CLP193 KNKR241 Bluff Cellular Partnership
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- however, the Commission did find that SBC appears to be liable for other apparent violations. Specifically, the Commission found that: SBC appears to have violated section 1.17 of the Commission's Rules by intentionally misrepresenting information to the Enforcement Bureau during the investigation. The Commission proposed a fine of $120,000 for this apparent violation. (over SBC appears to have violated section 1.65 of the Commission's Rules when it failed to notify the Commission in a timely manner that the information in the affidavits was inaccurate. For this, the Commission proposed a $1.2 million fine. SBC appears to have failed to comply with the terms of an SBC Consent Decree that resolved a 1999 Commission investigation into allegations that SBC employees had made
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- ERRATUM Adopted: January 8, 2002 Released: January 8, 2002 The Order and Authorization, FCC 01-369, released December 18, 2001, contained an error in paragraph 65 and omitted reference to the effective date applicable under the Commission's rules. Accordingly, paragraph 65 is hereby corrected and new paragraph 66 is added as follows: 65. IT IS FURTHER ORDERED that, pursuant to Section 1.65 of the Commission's Rules, 47 C.F.R. 1.65, the Applicants are afforded 30 days from the date of consummation of the transaction approved in this Order and Authorization to amend pending applications listed in Appendix A to reflect the new ownership structure approved in this Order and Authorization. 66. IT IS FURTHER ORDERED that, pursuant to Section 1.4(b)(2) of the
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- ERRATUM Adopted: January 8, 2002 Released: January 8, 2002 The Order and Authorization, FCC 01-369, released December 18, 2001, contained an error in paragraph 65 and omitted reference to the effective date applicable under the Commission's rules. Accordingly, paragraph 65 is hereby corrected and new paragraph 66 is added as follows: 65. IT IS FURTHER ORDERED that, pursuant to Section 1.65 of the Commission's Rules, 47 C.F.R. 1.65, the Applicants are afforded 30 days from the date of consummation of the transaction approved in this Order and Authorization to amend pending applications listed in Appendix A to reflect the new ownership structure approved in this Order and Authorization. 66. IT IS FURTHER ORDERED that, pursuant to Section 1.4(b)(2) of the
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- Phase II service within six months of a valid request by a designated Public Safety Answering Point or by October 1, 2001, whichever is later, without requesting a waiver and after telling the Commission that it did not need such a waiver. For this apparent violation, the Commission proposes a $500,000 fine. 3. AT&T Wireless appears to have violated Section 1.65 of the Commission's Rules by failing to notify the Commission within 30 days that information in its E911 waiver request was no longer substantially accurate and complete. Specifically, AT&T Wireless never informed the Commission that, contrary to statements in connection with its pending waiver request, it had in fact begun deploying its GSM network without location-capable handsets. In addition, AT&T
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- City, PA and WAKZ(FM) Sharpsville, PA (MB Docket No. 02-139). Joint Election to Defer Consideration of Applications. In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems (CC Docket No. 94-102). Indiana Wireless Enhanced 911 Advisory Board Reply to Voicestream's Comments Concerning the Board's Informal Complaint; Statement of Additional Information Under Section 1.65(e) - AT&T Wireless Services, Inc. July 26 In the Matter of Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and
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- this investigation, the Commission issued a Notice of Apparent Liability (NAL) on May 20, 2002. The NAL cited AT&T Wireless for apparent violations of the E911 Phase II rules (Section 20.18 of the Commission's Rules) and for failing to notify the Commission within 30 days that information in its E911 waiver request was no longer substantially accurate and complete (Section 1.65 of the Commission's Rules). The consent decree resolves the apparent violations addressed in the NAL, as well as other issues related to AT&T Wireless's deployment of E911 technology in its GSM network. Action by the Commission on October 8, 2002 by Order (FCC 02-283). Chairman Powell, Commissioners Abernathy, Copps and Martin. - FCC - Enforcement Bureau Contacts: John Winston at
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- - PAS-2R - (43.0 W.L.) stamford - TELESTAR 11 - (37.5 W.L.) Application for Consent to Assignment Date Effective: 07/22/2002 TO: No. of Station(s) listed:2 ADELPHIA CABLE PARTNERS, L.P. Consummated FROM: Current Licensee: ADELPHIA CABLE PARTNERS, L.P., DEBTOR-IN-POSSESSION ADELPHIA CABLE PARTNERS, L.P. ADELPHIA CABLE PARTNERS, L.P. E930116 SES-ASG-20020722-01864P Per Amendment filed on October 23, 2002 requesting a change of Section 1.65 answer to number 39 of the Main Form of FCC 312 to read "YES" instead of NO from Original filing of July 22, 2002. Application for Consent to Assignment Date Effective: 11/08/2002 TO: No. of Station(s) listed:4 ADELPHIA CABLEVISION ASSOCIATES, L.P. Consummated FROM: Current Licensee: ADELPHIA CABLEVISION ASSOCIATES, L.P., DEBTOR-IN-POSSESSION ADELPHIA CABLEVISION ASSOCIATES, L.P. ADELPHIA CABLEVISION ASSOCIATES, L.P. E4086 SES-ASG-20020722-01865P
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- 0.03 0.04 0.10 0.43 7 11 n.a . 30 18Spain 3,982 31,911 2 35,895 2,641 0.12 8.24 1.28 1.72 7 12 9 11 12Brazil 3,318 22,276 7,048 32,642 43,242 0.11 0.09 0.24 0.56 1 13 16 25 17Italy 4,965 27,296 20 32,281 3,782 0.18 0.27 3.29 2.35 7 14 11 8 9France 8,595 12,722 10,091 31,408 4,462 0.38 0.29 0.51 1.65 7 15 15 15 15Taiwan 1,768 29,087 1 30,856 14,175 0.06 0.12 0.29 0.70 1 16 13 12 6Sweden 3,177 19,414 3,182 25,773 1,109 0.14 0.18 0.49 0.28 3 17 19 14 14Switzerland 4,586 20,842 0 25,428 1,711 0.22 0.45 0.30 1.43 6 18 14 9 11Hong Kong 2,783 15,166 3,193 21,142 8,113 0.15 0.11 0.11 0.26 1 19 26
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- Page 4 of 35 Application for Consent to Assignment Date Effective: 07/22/2002 TO: No. of Station(s) listed:2 ADELPHIA CABLEVISION OF NEW YORK, INC. Consummated FROM: Current Licensee: ADELPHIA CABLEVISION OF NEW YORK, INC., DEBTOR-IN-POSSESSION ADELPHIA CABLEVISION OF NEW YORK, INC. ADELPHIA CABLEVISION OF NEW YORK, INC. E2573 SES-ASG-20020722-01870P Per Amendment filed on October 23, 2002 requesting a change of Section 1.65 answer to number 39 of the Main Form of FCC 312 to read "YES" instead of NO from Original filing of July 22, 2002. Application for Consent to Assignment Date Effective: 07/22/2002 TO: No. of Station(s) listed:1 ADELPHIA CABLEVISION OF ORANGE COUNTY II, LLC Consummated FROM: Current Licensee: ADELPHIA CABLEVISION OF ORANGE COUNTY II, LLC, DEBTOR-IN-POSSESSION ADELPHIA CABLEVISION OF ORANGE
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- COMPOSITE TELEMETRY/RANGING SIGNAL 19700.0000 - 20200.0000 MHz 106KG9D Points of Communication: LITTLETON - ALSAT - (ALSAT) Application for Consent to Assignment Date Effective: 11/20/2002 TO: No. of Station(s) listed:2 CDA CABLE, INC. Consummated FROM: Current Licensee: CDA CABLE, INC., DEBTOR-IN-POSSESSION CDA CABLE, INC. CDC CABLE, INC. E890126 SES-ASG-20020722-01887P Per Amendment filed on October 23, 2002 requesting a change of Section 1.65 answer to number 39 of the Main Form of FCC 312 to read "YES" instead of NO from Original filing of July 22, 2002. Application for Consent to Assignment Date Effective: 11/20/2002 TO: No. of Station(s) listed:1 CENTURY ALABAMA CORP. Consummated FROM: Current Licensee: CENTURY ALABAMA CORP., DEBTOR-IN-POSSESSION CENTURY ALABAMA CORP. CENTURY ALABAMA CORP. WP46 SES-ASG-20020722-01888P Per Amendment filed on
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- following actions pursuant to delegated authority. The effective dates of the actions are the dates specified. Application for Consent to Assignment Date Effective: 11/27/2002 TO: No. of Station(s) listed:1 MICKELSON MEDIA, INC. Consummated FROM: Current Licensee: MICKELSON MEDIA, INC., DEBTOR-IN-POSSESSION MICKELSON MEDIA, INC. MICKELSON MEDIA, INC. E2983 SES-ASG-20020722-01916P Per Amendment filed on October 23, 2002 requesting a change of Section 1.65 answer to number 39 of the Main Form of FCC 312 to read "YES" instead of NO from Original filing of July 22, 2002. Application for Consent to Assignment Date Effective: 11/27/2002 TO: No. of Station(s) listed:4 MT. LEBANON CABLEVISION, INC. Consummated FROM: Current Licensee: MT. LEBANON CABLEVISION, INC., DEBTOR-IN-POSSESSION MT. LEBANON CABLEVISION, INC. MT. LEBANON CABLEVISION, INC. E2746 SES-ASG-20020722-01917P
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- Beaver - ALSAT - (ALSAT) Beaver - ANIK E2 - (111.1 W.L) Application for Consent to Assignment Date Effective: 12/06/2002 TO: No. of Station(s) listed:7 SVHH CABLE ACQUISITION, L.P. Consummated FROM: Current Licensee: SVHH CABLE ACQUISITION, L.P., DEBTOR-IN-POSSESSION SVHH CABLE ACQUISITION, L.P. SVHH CABLE ACQUISITION, L.P. E3192 SES-ASG-20020722-01932P Per Amendment filed on October 23, 2002 requesting a change of Section 1.65 answer to number 39 of the Main Form of FCC 312 to read "YES" instead of NO from Original filing of July 22, 2002. Application for Consent to Assignment Date Effective: 12/09/2002 TO: No. of Station(s) listed:3 THREE RIVERS CABLE ASSOCIATES, L.P. Consummated FROM: Current Licensee: THREE RIVERS CABLE ASSOCIATES, L.P., DEBTOR-IN-POSSESSION THREE RIVERS CABLE ASSOCIATES, L.P. THREE RIVERS CABLE
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- Mabuhay (AGILA 2) - (146 E.L.) 1 - MEASAT-2 - (148 E.L.) Application for Consent to Assignment Date Effective: 12/24/2002 TO: No. of Station(s) listed:1 CENTURY ISLAND ASSOCIATES, INC. Consummated FROM: Current Licensee: CENTURY ISLAND ASSOCIATES, INC., DEBTOR-IN-POSSESSION CENTURY ISLAND ASSOCIATES, INC. CENTURY ISLAND ASSOCIATES, INC. E881189 SES-ASG-20020722-01895P Per Amendment filed on October 23, 2002 requesting a change of Section 1.65 answer to number 39 of the Main Form of FCC 312 to read "YES" instead of NO from Original filing of July 22, 2002. Application for Consent to Assignment Date Effective: 12/24/2002 TO: No. of Station(s) listed:3 GLOBAL ACQUISITION PARTNERS, L.P. Consummated FROM: Current Licensee: GLOBAL ACQUISITION PARTNERS, L.P., DEBTOR-IN-POSSESSION GLOBAL ACQUISITION PARTNERS, L.P. GLOBAL ACQUISITION PARTNERS, L.P. E2071 SES-ASG-20020722-01909P
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- Date: 02/27/2003 Licensee Name: KXAN, INC Requested Facility: Ch No:27 N Latitude: 30-40-36; W Longitude: 98-33-59 ERP (Average): 125 kW; HAAT: 245 meters; Antenna: ND Facility ID: 67766 Call Sign: KSNF-DT File No: BDSTA-20030121ADR City: JOPLIN State: MO Grant Date: 02/13/2003 Licensee Name: NEXSTAR BROADCASTING OF JOPLIN, L.L.C. Requested Facility: Ch No:46 N Latitude: 37-4-33; W Longitude: 94-33-16 ERP (Average): 1.65 kW; HAAT: 191.3 meters; Antenna: ND Facility ID: 65370 Call Sign: KFDX-DT File No: BDSTA-20030121ADS City: WICHITA FALLS State: TX Grant Date: 02/13/2003 Licensee Name: NEXSTAR BROADCASTING OF WICHITA FALLS, L.L.C. Requested Facility: Ch No:28 N Latitude: 33-53-23; W Longitude: 98-33-30 ERP (Average): 1.17 kW; HAAT: 277.6 meters; Antenna: ND Facility ID: 37101 Call Sign: KWHD-DT File No: BDSTA-20030122AEZ City:
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- license and all subsequent licenses based upon it if: (3) The licensee has not been granted a major modification to its GMRS system.'' According to Commission records, Repeater Users Group was granted a renewal of its GMRS radio station license KAD3271 on July 18, 2002. However, Repeater Users Group failed to notify the Commission of their location change. 47 C.F.R. 1.65(a): ``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application...'' The signator for the Repeater User Group by signing FCC Form 605 certified that no major modifications to the Repeater Users Group GMRS radio system, as stated in item 4 of the ``Certification Statements for
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- transmit video programming directly from one or more satellites to subscribers, c. The local distribution or provision of video programming through any other means including, but not limited to MMDS, SMATV, OVS, and facilities of common carrier telephone companies or their affiliates. ATTACHMENT 2 REDACTED FROM THE PUBLIC RECORD Id. 310(d). Id. 308(b); see also 47 C.F.R. 1.65. See General Motors Corporation, Hughes Electronics Corporation, and The News Corporation Limited Seek Approval To Transfer Control of FCC Authorizations and Licenses Held by Hughes Electronics Corporation to The News Corporation Limited, MB Docket 03-124, Public Notice DA 03-1725 (rel. May 16, 2003) (``Public Notice''). See News Corporation, General Motors Corporation, and Hughes Electronics Corporation, Order Adopting Protective Order, MB
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- spacing. First, the adjacent satellite interference in the Ka band FSS With 2 degree spacing is compared to adjacent satellite intdice in the Ku band BSS with 4.5 degree and then 3 degree spacing. 3.1 KA BAND FSS WITH 2 DEGREE SPACING. A 66 centimeter antenna, typical for this service, has a gain of 40.6 dBi and a beamwidth of 1.65 degrees at 19.3 GHz. These antennas are required to comply with Part 25.209, however at 2 degree spacing, the mainlobe gain is higher than the sidelobe characteristic of Part 25.209. The resulting CA, hm satellites spaced +/- 2,4,6 and 8 degrees away is 15.06 dB, assuming all satellites have the same eirp density performance over CONUS. If the desirable satellite
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- spacing. First, the adjacent satellite interference in the Ka band FSS with 2 degree spacing is compared to adjacent satellite interference in the Ku band BSS with 4.5 degree and then 3 degree spacing. 3.1 KA BAND FSS WITH 2 DEGREE SPACING. A 66 centimeter antenna, typical for this service, has a gain of 40.6 dBi and a beamwidth of 1.65 degrees at 19.3 GHz. These antennas are required to comply with Part 25.209, however at 2 degree spacing, the mainlobe gain is higher than the sidelobe characteristic of Part 25.209. The resulting CA, fiom satellites spaced +/- 2,4,6 and 8 degrees away is 15.06 dB, assuming all satellites have the same eirp density performance over CONUS. If the desirable satellite
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- 1.41 1.26 1.01 0.86 0.55 0.30 Guatemala 1.40 1.30 1.20 1.18 1.00 0.90 0.77 0.64 0.51 Haiti 1.35 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.70 0.60 0.46 Hong Kong 1.60 1.20 1.00 1.00 0.94 0.79 0.72 India 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.68 0.46 0.46 Israel 2.28 2.16 2.16 1.90 1.18 0.70 0.59 Italy 1.65 1.51 1.22 0.71 0.52 0.33 Jamaica 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 Japan 1.31 1.04 0.94 0.94 0.91 0.86 Korea, Rep. 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 Mexico 19/ 0.72 0.68 0.58 0.53 0.485 0.395 0.37 0.19 0.19 0.19 0.19 0.19 Morocco 3.03 3.04 3.27 1.78 1.45 1.09 0.83 0.82 0.77 0.38 Netherlands 0.69
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- No. SES-T/C-20040903-01328 to read as ``KA258''. 2. This Erratum also adds earth station licenses (call signs E040434 and E040414) and experimental license (WC9XAE) granted to Intelsat during the Interim Period as described in Para. 42. FEDERAL COMMUNICATIONS COMMISSION Donald Abelson, Chief International Bureau John Muleta, Chief Wireless Telecommunications Bureau Edmond J. Thomas, Chief Office of Engineering and Technology Under Section 1.65 of the Commission rules, applicants are responsible for the continuing accuracy and completeness of information furnished in a pending application. 47 C.F.R. 1.65. To the extent required, we will treat the applicants' request for an erratum as providing updated information pursuant to Section 1.65 of the Commission rules as to the proposed transaction authorized in this Order and Authorization.
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- an application for its Special Temporary Authority for 10 Ku-band earth stations aboard U.S. Flagged Vessels requesting consent to transfer of control from MTN Acquisition Corp. to MariTel Holdings, Inc. MTN states it will amend its pending application for authority to establish a Ku-band network of earth stations on board vessels (File No. SES-LIC-20011130-02259) in accordance with 47 CFR Section 1.65 of the Commission rules. Page 18 of 18
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- and supporting documentation for the questions set forth in the attached Information and Document Request and, where appropriate, amend the application to reflect such responses. 1 The application was submitted pursuant to Sections 214 and 310(d) of the Communications Act of 1934. 47 U.S.C. 214, 310(d). 2 Id. 310(d). 3 Id. 308(b); see also 47 C.F.R. 1.65. 2 In order to expedite consideration of your application, we would appreciate receiving your response to each inquiry no later than December 19, 2005. Information and documents called for by the requests, as well as narrative responses, should be grouped based on the request to which they are responsive. All such material shall be so marked and shall be separated
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- that does not contain confidential or proprietary information must be sent to the Commission's duplicating contractor, Best Copy and Printing, Inc., as described in the Public Notice.6 If you have any questions regarding this matter, please contact Julie Salovaara, Media Bureau, at 202-418-0783. Sincerely, Donna C. Gregg Chief, Media Bureau Attachment 3 Id. 308(b); see also 47 C.F.R. 1.65. 4 See In the Matter of Applications for Consent to the Assignment and/or Transfer of Control of Licenses, Adelphia Communications Corporation, (and subsidiaries, debtors-in-possession), Assignors, to Time Warner Cable Inc. (subsidiaries), Assignees; Adelphia Communications Corporation, (and subsidiaries, debtors-in-possession), Assignors and Transferors, to Comcast Corporation (subsidiaries), Assignees and Transferees; Comcast Corporation, Transferor, to Time Warner Inc., Transferee; Time Warner Inc., Transferor,
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- that does not contain confidential or proprietary information must be sent to the Commission's duplicating contractor, Best Copy and Printing, Inc., as described in the Public Notice.6 If you have any questions regarding this matter, please contact Julie Salovaara, Media Bureau, at 202-418-0783. Sincerely, Donna C. Gregg Chief, Media Bureau Attachment 3 Id. 308(b); see also 47 C.F.R. 1.65. 4 See In the Matter of Applications for Consent to the Assignment and/or Transfer of Control of Licenses, Adelphia Communications Corporation, (and subsidiaries, debtors-in-possession), Assignors, to Time Warner Cable Inc. (subsidiaries), Assignees; Adelphia Communications Corporation, (and subsidiaries, debtors-in-possession), Assignors and Transferors, to Comcast Corporation (subsidiaries), Assignees and Transferees; Comcast Corporation, Transferor, to Time Warner Inc., Transferee; Time Warner Inc., Transferor,
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- Nevada 5.25 8.25 6.53 0.00 3.50 2.91 0.00 1.75 1.45 5.25 10.00 7.98 5.25 13.50 10.89 New Hampshire 8.20 8.25 8.20 0.00 0.00 0.00 0.00 0.00 0.00 8.20 8.25 8.20 8.20 8.25 8.20 New Jersey 7.38 8.06 8.05 0.00 3.46 3.43 0.00 1.73 1.71 7.38 9.79 9.77 7.38 13.25 13.20 New Mexico 7.91 8.25 8.24 0.00 3.50 3.29 0.00 1.75 1.65 7.91 10.00 9.89 7.91 13.50 13.18 New York 6.17 8.25 8.09 0.00 3.50 3.30 0.00 1.75 1.65 6.17 10.00 9.73 6.17 13.50 13.03 North Carolina 7.83 8.25 8.08 3.50 3.50 3.49 1.75 1.75 1.75 9.58 10.00 9.83 13.08 13.50 13.32 North Dakota 3.50 8.25 8.00 0.00 3.50 1.86 0.00 1.75 0.93 3.50 10.00 8.93 3.50 13.50 10.79 N. Marianna Islands
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- Nevada 5.25 8.25 6.53 0.00 3.50 2.91 0.00 1.75 1.45 5.25 10.00 7.98 5.25 13.50 10.89 New Hampshire 8.20 8.25 8.20 0.00 0.00 0.00 0.00 0.00 0.00 8.20 8.25 8.20 8.20 8.25 8.20 New Jersey 7.38 8.06 8.05 0.00 3.46 3.43 0.00 1.73 1.71 7.38 9.79 9.77 7.38 13.25 13.20 New Mexico 7.91 8.25 8.24 0.00 3.50 3.29 0.00 1.75 1.65 7.91 10.00 9.89 7.91 13.50 13.18 New York 6.17 8.25 8.09 0.00 3.50 3.30 0.00 1.75 1.65 6.17 10.00 9.73 6.17 13.50 13.03 North Carolina 7.83 8.25 8.08 3.50 3.50 3.49 1.75 1.75 1.75 9.58 10.00 9.83 13.08 13.50 13.32 North Dakota 3.50 8.25 8.00 0.00 3.50 1.86 0.00 1.75 0.93 3.50 10.00 8.93 3.50 13.50 10.79 N. Marianna Islands
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- 3.71 0.00 IDAHO Total 1.81 -2.12 4.02 7.81 472213 C ALBION TEL. CO. D/B/A ATC COMMUNICATIONS 12.89 -4.81 18.60 26.05 472215 C CAMBRIDGE TEL. CO.,INC.-ID 5.29 -0.34 5.66 7.27 472218 C CUSTER TEL. COOPERATIVE INC. 41.23 1.51 39.13 63.91 472220 C FILER MUTUAL TELEPHONE COMPANY - ID 25.43 -6.28 33.84 193.07 472221 C FARMERS MUTUAL TEL CO LTD. - ID -1.65 0.11 -1.76 0.00 472222 C FREMONT TELCOM CO. 1.72 -1.75 3.53 1.22 472223 C CENTURYTEL OF THE GEM STATE - ID -12.57 -0.18 -12.41 -22.80 472225 C CENTURYTEL OF IDAHO, INC. -3.27 0.07 -3.34 -8.47 472226 C MIDVALE TEL. EXCH. INC. 2.43 -3.83 6.51 3.35 472227 A MUD LAKE TELEPHONE COOPERATIVE ASSN. INC. 10.16 5.45 4.46 10.62 472230 C POTLATCH
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- South Central Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Tiner Tower, LLC, owner of antenna structure # 1019417 located near Sprayberry, Texas. On September 25, 2006, an agent of the Commission's Dallas Office inspected the antenna structure referenced above, and observed the following violation: 47 C.F.R. 1.65: ``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. ... ''. An inspection of the antenna structure referenced above revealed that the location of the structure designated by the latitude and longitude is incorrect. The observed geographical coordinates for the tower were approximately 31
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- 282 308 590 0.20 Virgin Islands 82 64 146 33 11 44 115 75 190 0.07 Virginia 2,344 4,021 6,365 992 717 1,709 3,336 4,738 8,074 2.77 Washington 1,764 3,089 4,853 740 578 1,318 2,504 3,668 6,172 2.12 West Virginia 517 828 1,344 217 146 363 734 973 1,707 0.59 Wisconsin 1,348 2,580 3,928 505 388 893 1,853 2,968 4,821 1.65 Wyoming 178 262 440 84 43 127 262 305 567 0.19 Total $80,056 $153,265 $233,321 $32,561 $25,852 $58,413 $112,617 $179,117 $291,734 100.00% Note: Figures may not add due to rounding. 1 - 38 Table 1.14 2004 Telecommunications Revenues (In Millions of Dollars) Incumbent Subcriber Local Exchange Mobile Line Services 1/ Wireless Charges 2/Access 3/ Toll 4/ Total End-User Revenues Intrastate
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- 282 308 590 0.20 Virgin Islands 82 64 146 33 11 44 115 75 190 0.07 Virginia 2,344 4,021 6,365 992 717 1,709 3,336 4,738 8,074 2.77 Washington 1,764 3,089 4,853 740 578 1,318 2,504 3,668 6,172 2.12 West Virginia 517 828 1,344 217 146 363 734 973 1,707 0.59 Wisconsin 1,348 2,580 3,928 505 388 893 1,853 2,968 4,821 1.65 Wyoming 178 262 440 84 43 127 262 305 567 0.19 Total $80,056 $153,265 $233,321 $32,561 $25,852 $58,413 $112,617 $179,117 $291,734 100.00% Note: Figures may not add due to rounding. 1 - 38 Table 1.14 2004 Telecommunications Revenues (In Millions of Dollars) Incumbent Subcriber Local Exchange Mobile Line Services 1/ Wireless Charges 2/Access 3/ Toll 4/ Total End-User Revenues Intrastate
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- Carolina 7.41 8.25 7.92 0.00 3.50 3.49 0.00 1.75 1.75 7.41 10.00 9.67 7.41 13.50 13.16 North Dakota 1.75 8.25 8.24 0.00 3.50 1.84 0.00 1.75 0.92 1.75 10.00 9.17 1.75 13.50 11.01 N. Marianna Islands 8.25 8.25 8.25 0.00 0.00 0.00 0.00 0.00 0.00 8.25 8.25 8.25 8.25 8.25 8.25 Ohio 7.12 8.25 7.35 0.00 3.50 3.31 0.00 1.75 1.65 7.12 10.00 9.01 7.12 13.50 12.31 Oklahoma 6.96 8.25 7.18 0.00 3.50 0.55 0.00 1.75 0.28 6.96 10.00 7.45 6.96 13.50 8.01 Oregon 7.75 8.25 8.24 0.00 3.50 3.47 0.00 1.75 1.74 7.75 10.00 9.97 7.75 13.50 13.45 Pennsylvania 5.44 8.25 7.80 0.00 0.00 0.94 0.00 0.00 0.47 5.44 8.25 8.27 5.44 8.25 9.21 Puerto Rico 8.25 8.25 8.25 3.36
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- Virgin Islands 17.23 0.00 0.00 0.00 0.00 9.82 0.00 0.00 27.05 Virginia 0.05 (0.00) 0.00 0.00 0.00 0.12 1.04 0.09 1.30 Washington 0.48 0.00 0.00 0.00 (0.00) 0.43 0.61 0.15 1.66 West Virginia 1.01 0.01 0.00 1.72 0.00 0.14 1.28 0.16 4.33 Wisconsin 0.67 0.03 0.08 0.00 0.01 1.22 0.01 0.56 2.57 Wyoming 3.25 0.04 0.00 3.07 0.00 2.56 1.55 1.65 12.11 Industry $0.53 $0.01 $0.00 $0.13 ($0.00) $0.51 $0.30 $0.18 $1.66 Based on 2005 support payments and reported ILEC loops and CETC loops or lines from USAC filing for the Fourth Quarter 2005. Support Term Total High Cost Support Support High Cost Support Interstate Interstate Support Notes: Details may not appear to add to totals due to rounding. Common Line
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- of all regions and subsidiaries of each local exchange carrier. No information is available for those carriers that are not in the NECA pool, but are subject to rate-of-return regulation. 7 - 28 2004 Minutes of Use Carrier (Millions) Common Line per Company Originating Access CCL CCL Local Minute** Originating Terminating Switching ALLTEL (KY & NE) 0.00 0.00 0.46 0.34 1.65 653 983 2,207 BellSouth 0.00 0.00 0.42 0.28 1.43 20,239 62,872 57,931 CenturyTel # 0.15 0.00 0.50 0.32 1.83 436 1,470 1,906 Cincinnati Bell 0.00 0.00 0.55 0.35 1.83 718 2,147 2,919 Citizens 0.09 0.00 0.50 0.44 2.01 1,715 4,650 6,362 Iowa Telecom 0.00 0.00 1.44 0.61 4.18 264 413 677 Qwest 0.00 0.00 0.64 0.16 1.65 15,005 27,878 43,048
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- 2006). 6 - 6 Table 6.5 Top Providers of Pure Resale International MTS in 2004 Percent Number of Number of U.S. Carrier of Total Messages Minutes Revenues IMTS (Millions) (Millions) ($ Millions) Resale Revenues Acceris Communications Corp. 39 386 $53 1.01% ACN Communication Services, Inc. 2 19 10 0.19 ALLTEL Corporation 5 37 9 0.18 Americatel, Inc. 28 386 86 1.65 AT&T Corp. 113 550 180 3.44 Bak Communications, LLC 8 118 6 0.11 Broadwing, Inc. 12 60 31 0.58 CenturyTel Long Distance, LLC 1 10 8 0.16 Cingular Wireless LLC 125 563 280 5.33 Citizens Communications Company 6 21 6 0.12 Comcast 7 69 20 0.37 Covista Communications 5 28 4 0.08 Cox Communications, Inc. 9 71 23 0.44 Deutsche
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- - 19706.0000 MHz 106KG7D Points of Communication: Castle Rock Station - IA-8 - (89 W.L.) Castle Rock Station - SPACEWAY 3 - (95 W.L.) E960019 SES-AMD-20070302-00288E Date Effective: 03/06/2007 Class of Station: Fixed Earth Stations Grant of Authority Amendment STEAMBOAT SKI & RESORT CORPORATION Nature of Service:Fixed Satellite Service This amendment was filed for additional information requested Pursuant to Section 1.65 of the Commission's Rules, and is associated with file number SES-LIC-20070126-00139. 40 27 ' 19.00 " N LAT. SITE ID: 1 2305 Mount Werner Circle, Routt, Steamboat Springs, CO 106 48 ' 27.60 " W LONG. LOCATION: Vertex 3.5M 3.5 meters ANTENNA ID: 3.KPK 75.69 dBW Analog Video carrier with audio 14000.0000 - 14500.0000 MHz 36M0F8W Analog Video
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- FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION COMMENT 891019MA 28188 HYLES-ANDERSON COLLEGE IN CROWN POINT , IN BPED-19891019MA 90.5 MHZ E CP FOR NEW FM EDUCATIONAL ON FREQUENCY: 90.5 MHZ; ERP: 10 KW (H&V); HAAT: 69 METERS (H&V); 41 27 56(not 51), 87 24 29. Dismissed 6/19/90. PETITION FOR RECONSIDERATION FILED ON 7/26/90. APPLICATION REINSTATED NUNC PRO TUNC. SUPPLEMENT FILED 7/17/2001. Sec. 1.65 amendment filed 01/21/2005 (update board). Tower registration amendment filed 10/07/2005. Tentatively selected pursuant to FCC 07-40 from NCE-FM MX group 89101E to be awarded a construction permit. Petitions to deny the tentative selectee must be on file no later than 30 days from the date of this notice. 950210MA 61355 ST OF OR ACTING B/T OR ST BRD OF H
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- ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION 891019MA 28188 HYLES-ANDERSON COLLEGE IN CROWN POINT , IN BPED-19891019MA 90.5 MHZ E CP FOR NEW FM EDUCATIONAL ON FREQUENCY: 90.5 MHZ; ERP: 10 KW (H&V); HAAT: 69 METERS (H&V); 41 27 56(not 51), 87 24 29. Dismissed 6/19/90. PETITION FOR RECONSIDERATION FILED ON 7/26/90. APPLICATION REINSTATED NUNC PRO TUNC. SUPPLEMENT FILED 7/17/2001. Sec. 1.65 amendment filed 01/21/2005 (update board). Tower registration amendment filed 10/07/2005. Tentatively selected pursuant to FCC 07-40 from NCE-FM MX group 89101E to be awarded a construction permit. Petitions to deny the tentative selectee must be on file no later than 30 days from the date of this notice. Petition for Reconsideration filed 4/26/07 by ("Moody") Page 24 of 34 Broadcast
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- ORIGINAL CONSTRUCTION PERMIT PETITION TO DENY 891019MA 28188 HYLES-ANDERSON COLLEGE IN CROWN POINT , IN BPED-19891019MA 90.5 MHZ E CP FOR NEW FM EDUCATIONAL ON FREQUENCY: 90.5 MHZ; ERP: 10 KW (H&V); HAAT: 69 METERS (H&V); 41 27 56(not 51), 87 24 29. Dismissed 6/19/90. PETITION FOR RECONSIDERATION FILED ON 7/26/90. APPLICATION REINSTATED NUNC PRO TUNC. SUPPLEMENT FILED 7/17/2001. Sec. 1.65 amendment filed 01/21/2005 (update board). Tower registration amendment filed 10/07/2005. Tentatively selected pursuant to FCC 07-40 from NCE-FM MX group 89101E to be awarded a construction permit. Petitions to deny the tentative selectee must be on file no later than 30 days from the date of this notice. Petition for Reconsideration filed 4/26/07 by ("Moody") Petition to Deny filed 5/1/2007
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- REPORT NO.46499 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 05/30/2007 Actions of: FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT GRANTED , PEACHTREE CITY 91.7 MHZ E GA CP FOR NEW FM ED STATION SUPPLEMENT FILED 7/19/2001. LEGAL AMENDMENT RE 1.65 COMMISSION'S RULES Engineering Amendment filed 01/28/2005 Engineering Amendment filed 08/24/2005 Granted 5/30/2007. See FCC 07-40, released 3/27/2007 LIFE RADIO MINISTRIES INC 970416MF 86333 BPED-19970416MF GA , MISSOULA 88.3 MHZ E MT CP FOR NEW FM ED STATION SUPPLEMENT FILED 7/19/2001. Engineering Amendment filed 01/21/2005 Granted 5/30/2007. See FCC 07-40, released 3/27/2007. THE MOODY BIBLE INSTITUTE OF CHICAGO 970716MA 87476 BPED-19970716MA
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- R E O F A P P L I C A T I O N FILE NUMBER STATE E/P P FOR NEW FM EDUCATIONAL ON FREQUENCY: 90.5 MHZ; ERP: 10 KW (H&V); HAAT: 69 METERS (H&V); 41 27 56(not 51), 87 24 29. Dismissed 6/19/90. PETITION FOR RECONSIDERATION FILED ON 7/26/90. APPLICATION REINSTATED NUNC PRO TUNC. SUPPLEMENT FILED 7/17/2001. Sec. 1.65 amendment filed 01/21/2005 (update board). Tower registration amendment filed 10/07/2005. Tentatively selected pursuant to FCC 07-40 from NCE-FM MX group 89101E to be awarded a construction permit. Petitions to deny the tentative selectee must be on file no later than 30 days from the date of this notice. Petition for Reconsideration filed 4/26/07 by ("Moody") Petition to Deny filed 5/1/2007
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- in 2007. The IC0 G1 launch slot was rescheduled to the earliest available launch opportunity, fi-om November 1 - 30,2007, to December 15,2007 - January 15,2008. On August 6,2007, IC0 filed a request to extend the remaining two milestones to accommodate the unanticipated launch delays. That milestone extension request is pending before the Commis~ion.~ On September 13,2007, pursuant to Section 1.65 of the Commission's rules, IC0 informed the Commission that due to the continued investigation of an Atlas V launch anomaly by LMCLS, the next scheduled Atlas V launch date had not been established and the remaining Atlas manifest must be adjusted3 Accordingly, the IC0 G1 satellite may be required to launch later than the December 15,2007 - January 15,2008 launch
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- 26, 2007. E860154 SES-LIC-20071107-01540 North American Leasing Application is dismissed without prejudice as defective, see DA 07-4753, released November 28, 2007. E910617 SES-LIC-20071107-01541 North American Leasing Application is dismissed without prejudice as defective, see DA 07-4754, released November 28, 2007. E873928 SES-T/C-20070510-00626 Channel 40, Inc. Channel 40, Inc. request that the Commission dismiss this application for transfer of control, per 1.65 letter, dated November 26, 2007. INFORMATIVE E980205 SES-LIC-19980420-00461 TELESAT NETWORK SERVICES, INC. Licensee has changed name only, per letter dated November 9, 2007. KA359 SES-RWL-20031104-01547 TELESAT NETWORK SERVICES, INC. Licensee has changed name only, per letter dated November 9, 2007. E050348 SES-STA-20071106-01534 MVS USA, Inc. On November 28, 2007, the Satellite Division granted the request of MVS USA, Inc. (MVS
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- 8.63 6.72 13.50 11.90 Washington 6.50 8.25 7.82 0.00 3.50 2.30 0.00 1.75 1.15 6.50 10.00 8.97 6.50 13.50 11.27 West Virginia 6.50 8.25 8.25 0.00 3.50 2.80 0.00 1.75 1.40 6.50 10.00 9.65 6.50 13.50 12.44 Wisconsin 6.82 8.25 7.28 0.00 3.50 1.23 0.00 1.75 0.62 6.82 10.00 7.90 6.82 13.50 9.13 Wyoming 8.15 8.25 8.20 3.30 3.50 3.41 1.65 1.75 1.70 9.80 10.00 9.91 13.10 13.50 13.32 Nationwide $1.76 $8.25 $7.12 $0.00 $3.50 $2.59 $0.00 $1.75 $1.30 $1.76 $10.00 $8.41 $1.76 $13.50 $11.01 Note: This table reflects only non-tribal support. All averages are weighted averages. 1 Basic federal support includes both Tier 1 and Tier 2 support. See text for definitions. 2 Includes only state support that is matched
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- 8.63 6.72 13.50 11.90 Washington 6.50 8.25 7.82 0.00 3.50 2.30 0.00 1.75 1.15 6.50 10.00 8.97 6.50 13.50 11.27 West Virginia 6.50 8.25 8.25 0.00 3.50 2.80 0.00 1.75 1.40 6.50 10.00 9.65 6.50 13.50 12.44 Wisconsin 6.82 8.25 7.28 0.00 3.50 1.23 0.00 1.75 0.62 6.82 10.00 7.90 6.82 13.50 9.13 Wyoming 8.15 8.25 8.20 3.30 3.50 3.41 1.65 1.75 1.70 9.80 10.00 9.91 13.10 13.50 13.32 Nationwide $1.76 $8.25 $7.12 $0.00 $3.50 $2.59 $0.00 $1.75 $1.30 $1.76 $10.00 $8.41 $1.76 $13.50 $11.01 Note: This table reflects only non-tribal support. All averages are weighted averages. 1 Basic federal support includes both Tier 1 and Tier 2 support. See text for definitions. 2 Includes only state support that is matched
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- SAMOA -7.66 0.77 -8.37 -100.00 ARIZONA -3.49 -6.12 2.80 -22.84 ARKANSAS -2.44 -4.27 1.91 2.72 CALIFORNIA 4.49 -3.17 7.90 -19.54 COLORADO -1.60 -5.08 3.66 5.80 CONNECTICUT -9.87 -6.42 -3.68 0.00 DELAWARE 6.43 -2.86 9.57 0.00 DISTRICT OF COLUMBIA 10.44 -3.08 13.94 0.00 FLORIDA 1.75 -4.65 6.71 14.08 GEORGIA -2.28 -4.23 2.04 -9.08 GUAM -14.00 -3.00 -11.34 -71.88 HAWAII -3.37 -4.94 1.65 6.27 IDAHO 0.09 -2.85 3.02 4.21 ILLINOIS -1.60 -5.17 3.77 -2.17 INDIANA 2.53 -5.11 8.05 23.12 IOWA 1.97 -4.70 7.00 31.47 KANSAS -0.06 -6.92 7.37 6.40 KENTUCKY -1.28 -4.95 3.85 10.76 LOUISIANA 6.80 -11.73 20.99 25.58 MAINE 1.81 -5.10 7.28 -14.37 MARYLAND 4.51 -3.41 8.19 6.59 MASSACHUSETTS 0.81 -6.62 7.95 -100.00 MICHIGAN -1.87 -10.25 9.34 6.31 MINNESOTA -2.53 -5.04 2.64
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- Services, Inc. Application for Consent to Assignment Direct Broadcast Services, Inc. E080110 SES-LIC-20080519-00642 E Date Effective: 06/24/2008 Class of Station: Fixed Earth Stations Grant of Authority 06/24/2008 - 06/24/2023 Application for Authority GLOBAL CROSSING AMERICAS SOLUTIONS, INC. Nature of Service: Fixed Satellite Service Prior to pending on Public Notice May 21, 2008 a Notification of Name Change Pursuant to section 1.65 of the FCC Rules letter was filed on June 3, 2008. To notify as of June 1, 2008, Impsat USA, Inc., Applicant's Name was renamed to "Global Crossing Americas Solutions, Inc." 18 20 ' 21.70 " N LAT. SITE ID: TUTU_STT-USVI TuTu Park Mall, St. Thomas, VI 64 53 ' 24.80 " W LONG. LOCATION: Prodelin TUTU-1 2.4
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- 1.57 1997 3.24 3.02 2.53 2.09 1.63 1998 3.17 2.79 2.55 2.16 1.69 1999 3.33 2.70 2.49 2.12 1.63 2000 3.21 2.66 2.48 2.15 1.74 2001 2.96 2.74 2.54 2.16 1.74 2002 3.06 2.73 2.52 2.28 1.81 2003 3.05 2.87 2.57 2.26 1.76 2004 3.15 2.87 2.59 2.32 1.74 2005 3.12 2.93 2.65 2.26 1.69 2006 3.11 2.85 2.63 2.33 1.65 Total Household Expenditures Household Expenditures for Telephone Service Expenditures on Telephone Service as a Percentage of Total Household Expenditures Table 2.3 Average Annual Household Expenditures by Household Income Households Grouped by Total Income from Lowest to Highest Quintile Under 25 25-34 35-44 45-54 55-64 65-74 Over 75 1980 $10,903 $17,452 $21,235 $22,517 $17,535 1981 11,309 18,503 22,890 23,385 17,418 1982
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- -13.60 -14.51 613000 C ACS OF ANCHORAGE, INC. -5.55 -12.87 8.40 0.00 613001 C ARCTIC SLOPE TEL. ASSOCIATION COOP.INC. 22.41 14.47 6.94 25.70 613001A C ARCTIC SLOPE TEL. ASSOCIATION COOP.INC. -1.72 -8.00 6.83 28.46 613002 C BETTLES TELEPHONE CO. INC. -2.29 1.89 -4.10 -56.96 613003 C BRISTOL BAY TELEPHONE COOP. INC. 22.01 7.54 13.45 31.56 613004 C BUSH-TELL INC. -7.65 1.65 -9.15 -16.83 613005 A CIRCLE UTILITIES 5.10 0.00 5.10 7.34 613006 C COPPER VALLEY TEL. COOP. INC. 4.66 -5.35 10.58 6.96 613007 C CORDOVA TELEPHONE COOPERATIVE, INC. 19.15 -3.58 23.57 31.22 613008 C ACS OF FAIRBANKS, INC. -2.44 -1.23 -1.23 -69.99 613010 C ACS - NORTHLAND GLACIER STATE -4.85 -0.63 -4.25 -15.81 613011 C INTERIOR TELEPHONE COMPANY INC. -4.42 -1.23
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- -13.60 -14.51 613000 C ACS OF ANCHORAGE, INC. -5.55 -12.87 8.40 0.00 613001 C ARCTIC SLOPE TEL. ASSOCIATION COOP.INC. 22.41 14.47 6.94 25.70 613001A C ARCTIC SLOPE TEL. ASSOCIATION COOP.INC. -1.72 -8.00 6.83 28.46 613002 C BETTLES TELEPHONE CO. INC. -2.29 1.89 -4.10 -56.96 613003 C BRISTOL BAY TELEPHONE COOP. INC. 22.01 7.54 13.45 31.56 613004 C BUSH-TELL INC. -7.65 1.65 -9.15 -16.83 613005 A CIRCLE UTILITIES 5.10 0.00 5.10 7.34 613006 C COPPER VALLEY TEL. COOP. INC. 4.66 -5.35 10.58 6.96 613007 C CORDOVA TELEPHONE COOPERATIVE, INC. 19.15 -3.58 23.57 31.22 613008 C ACS OF FAIRBANKS, INC. -2.44 -1.23 -1.23 -69.99 613010 C ACS - NORTHLAND GLACIER STATE -4.85 -0.63 -4.25 -15.81 613011 C INTERIOR TELEPHONE COMPANY INC. -4.42 -1.23
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- 305 386 691 0.23 Virgin Islands 88 76 164 40 11 51 129 87 215 0.07 Virginia 2,353 4,208 6,561 1,173 590 1,763 3,526 4,798 8,324 2.78 Washington 1,644 3,005 4,649 755 423 1,178 2,399 3,428 5,827 1.95 West Virginia 525 881 1,406 251 137 388 776 1,018 1,794 0.60 Wisconsin 1,344 2,593 3,937 619 392 1,012 1,963 2,986 4,949 1.65 Wyoming 176 281 456 96 41 137 272 322 594 0.20 Total $81,236 $158,380 $239,616 $37,270 $22,566 $59,836 $118,506 $180,947 $299,452 100.00% Note: Figures may not add due to rounding. 1 - 40 Table 1.14 2007 Telecommunications Revenues (In Millions of Dollars) Incumbent Subcriber Local Exchange Mobile Line Services 1/ Wireless Charges 2/Access 3/ Toll 4/ Total End-User Revenues Intrastate
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- 305 386 691 0.23 Virgin Islands 88 76 164 40 11 51 129 87 215 0.07 Virginia 2,353 4,208 6,561 1,173 590 1,763 3,526 4,798 8,324 2.78 Washington 1,644 3,005 4,649 755 423 1,178 2,399 3,428 5,827 1.95 West Virginia 525 881 1,406 251 137 388 776 1,018 1,794 0.60 Wisconsin 1,344 2,593 3,937 619 392 1,012 1,963 2,986 4,949 1.65 Wyoming 176 281 456 96 41 137 272 322 594 0.20 Total $81,236 $158,380 $239,616 $37,270 $22,566 $59,836 $118,506 $180,947 $299,452 100.00% Note: Figures may not add due to rounding. 1 - 40 Table 1.14 2007 Telecommunications Revenues (In Millions of Dollars) Incumbent Subcriber Local Exchange Mobile Line Services 1/ Wireless Charges 2/Access 3/ Toll 4/ Total End-User Revenues Intrastate
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- TEL. CO. -23.00 -3.92 -19.85 -51.07 341023 C GRIDLEY TEL. CO. 62.33 -3.24 67.76 564.73 341024 A HAMILTON COUNTY TELEPHONE CO-OP -17.07 -3.41 -14.14 -49.51 341025 C SHAWNEE TELEPHONE COMPANY 23.47 -2.01 26.00 55.18 341026 C HARRISONVILLE TEL. CO. 1.72 -2.05 3.86 -2.95 341029 A HENRY COUNTY TEL. CO. -4.07 -6.85 2.98 -22.68 341032 C HOME TELEPHONE COMPANY-ST. JACOB 7.21 1.65 5.47 7.22 341036 C VERIZON NORTH INC.-IL (CONTEL) -4.89 -9.04 4.56 0.00 341037 C ILLINOIS CONS. TEL. CO. -6.94 -5.87 -1.14 -58.78 341038 C FRONTIER COMM. OF ILLINOIS, INC. -2.75 -18.91 19.93 0.00 341041 A KINSMAN MUTUAL TEL. CO. -24.31 -5.38 -20.01 -51.76 341043 C LA HARPE TEL. CO. 16.26 -5.84 23.47 25.46 341045 C LEAF RIVER TEL. CO. -3.47
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- Telecom properly filed the instant request in ULS on January 8, 2010. Motion at 1. Motion at 1. AST Telecom notes that it ``will file the corresponding change of address to ensure that future facsimiles be directed to 787-620-6777.'' Id. Motion at 2. 47 C.F.R. 1.46. 47 C.F.R. 1.46(a). See Division Letter at 5-6 (citing 47 C.F.R. 1.65(a); 1.17; 1.934(c)). We also note that the Commission recently emphasized the importance of an applicant promptly furnishing additional or corrected information in amending 47 C.F.R. 1.65(a) to require that such modifications shall be made within five business days. See Procedural Amendments to Commission Part 1 Competitive Bidding Rules, Memorandum Opinion and Order, WT Docket 10-14 (rel. Jan. 7, 2010).
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- FCC 601 Main Form - WTB Radio Service Authorization Schedule L - Waiver Request for Extension of Time for Wireless Services General Filing Instructions Information Current and Complete Information filed with the FCC must be kept current and complete. The Applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the application(s). See Section 1.65 of the Commission's Rules. Applicable Rules and Regulations Applicants should obtain the relevant parts of the FCC's rules in 47 CFR. Copies of 47 CFR may be purchased from the Superintendent of Documents; Government Printing Office; Washington, DC 20402; (202) 512-1800. Refer also to the Government Printing Office's website at http://www.access.gpo.gov. Some FCC rules require the Applicant to attach one
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- an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R)..." The antenna structure has been constructed, however, the FCC's Antenna Structure Registration records indicate the required construction notification has not been filed and the structure's status is listed as ``granted.'' 47 C.F.R. 1.65(a): "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application...the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, amend or request the amendment of his application so as to furnish such additional or corrected information...'' Pursuant to the current antenna structure registration for
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- 305 386 691 0.23 Virgin Islands 88 76 164 40 11 51 129 87 215 0.07 Virginia 2,353 4,208 6,561 1,173 590 1,763 3,526 4,798 8,324 2.78 Washington 1,644 3,005 4,649 755 423 1,178 2,399 3,428 5,827 1.95 West Virginia 525 881 1,406 251 137 388 776 1,018 1,794 0.60 Wisconsin 1,344 2,593 3,937 619 392 1,012 1,963 2,986 4,949 1.65 Wyoming 176 281 456 96 41 137 272 322 594 0.20 Total $81,236 $158,380 $239,616 $37,270 $22,566 $59,836 $118,506 $180,947 $299,452 100.00 Note: Figures may not add to totals due to rounding. Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Monitoring Report (December 2009). 15 - 8 Table 15.7 Telecommunications Revenues by Type of Service: 2007 (Dollar Amounts Shown
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- 1 810 81 1,371 0.87 Kentucky 558 148 2 1,165 127 2,000 1.27 Louisiana 618 146 2 1,357 141 2,265 1.44 Maine 209 63 0 339 48 659 0.42 Maryland 1,010 256 2 1,785 231 3,284 2.08 Massachusetts 944 477 2 1,959 216 3,598 2.28 Michigan 1,345 432 4 2,725 307 4,813 3.05 Minnesota 726 262 3 1,451 166 2,607 1.65 Mississippi 368 55 2 785 84 1,293 0.82 Missouri 929 156 2 1,684 212 2,984 1.89 Montana 147 30 1 252 34 463 0.29 Nebraska 219 90 1 506 50 865 0.55 Nevada 377 124 3 784 86 1,373 0.87 New Hampshire 184 103 0 364 42 693 0.44 New Jersey 1,424 577 3 2,729 325 5,059 3.21 New Mexico
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- 1 810 81 1,371 0.87 Kentucky 558 148 2 1,165 127 2,000 1.27 Louisiana 618 146 2 1,357 141 2,265 1.44 Maine 209 63 0 339 48 659 0.42 Maryland 1,010 256 2 1,785 231 3,284 2.08 Massachusetts 944 477 2 1,959 216 3,598 2.28 Michigan 1,345 432 4 2,725 307 4,813 3.05 Minnesota 726 262 3 1,451 166 2,607 1.65 Mississippi 368 55 2 785 84 1,293 0.82 Missouri 929 156 2 1,684 212 2,984 1.89 Montana 147 30 1 252 34 463 0.29 Nebraska 219 90 1 506 50 865 0.55 Nevada 377 124 3 784 86 1,373 0.87 New Hampshire 184 103 0 364 42 693 0.44 New Jersey 1,424 577 3 2,729 325 5,059 3.21 New Mexico
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- Nevada 5.45 8.25 6.16 0.00 3.50 1.87 0.00 1.75 0.94 5.45 10.00 7.09 5.45 13.50 8.96 New Hampshire 8.00 8.25 8.03 0.00 0.00 0.00 0.00 0.00 0.00 8.00 8.25 8.03 8.00 8.25 8.03 New Jersey 7.02 8.25 8.03 0.00 3.50 3.48 0.00 1.75 0.00 7.02 10.00 8.03 7.02 13.50 11.51 New Mexico 8.25 8.25 8.25 0.00 3.50 3.31 0.00 1.75 1.65 8.25 10.00 9.90 8.25 13.50 13.21 New York 5.93 8.25 8.08 0.00 3.50 3.22 0.00 1.75 1.61 5.93 10.00 9.69 5.93 13.50 12.91 North Carolina 7.36 8.25 7.88 3.50 3.50 3.50 1.75 1.75 1.72 9.11 10.00 9.60 12.61 13.50 13.10 North Dakota 8.25 8.25 8.25 0.00 3.50 1.71 0.00 1.75 0.86 8.25 10.00 9.11 8.25 13.50 10.82 N. Marianna Islands
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- A REASNOR TEL. CO. 20.72 -1.75 22.88 74.17 351096 C HEARTLND-HICKORYTECH -12.37 -10.45 -2.15 0.00 351097 A ANDREW TEL CO INC 15.15 -4.56 20.65 65.43 351098 A ARCADIA TEL CO 19.51 0.00 19.51 67.15 351101 A ATKINS TEL CO, INC 4.70 -0.11 4.81 -41.93 351105 C AYRSHIRE FARMERS MUT -1.95 -5.34 3.58 -4.91 351106 C ALPINE COMM. 3.31 -3.66 7.23 -1.65 351107 A BALDWIN-NASHVILLE 15.74 -4.58 21.28 67.30 351108 A BARNES CITY COOP 17.73 -6.34 25.69 70.54 351110 C BERNARD TEL CO INC 4.40 -3.27 7.93 4.00 351112 A BREDA TEL CORP. 17.07 -1.80 19.21 63.79 351113 A BROOKLYN MUTUAL TEL -2.06 -5.22 3.33 -100.00 351114 A THE BURT TEL CO 14.39 -3.61 18.67 59.73 351115 A BUTLER-BREMER MUTUAL 0.84 -9.46
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- New Stn. Petition for Reconsideration filed 8/17/05 by ("BOL") Request for Extension of Time filed 8/26/05 by Communications Arts Center Inc. Opposition to Petition for Reconsideration of Best of Life Educational Services, Inc. filed 9/8/05 by ("CAC") Reply to Opposition to Petition for Reconsideration filed 9/23/05 by (BOL) Petition for Reconsideration denied, Communication Arts Center adominshed for violation of Section 1.65 of the Rules, per Letter Ref. 1800B3-SS on 10-31-2011. Page 6 of 7 Broadcast Applications 11/3/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.27606 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A P P L I
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- an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854).'' During the inspection, the agent observed that construction of antenna structure number 1214994 had been completed; the FCC's antenna structure registration database, however, still showed the structure's status as ``granted.'' 47 C.F.R. 1.65(a): ``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Except as otherwise required by rules applicable to particular types of applications, whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as
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- 7.78 11.11 5.62 3.39 1.69 7.32 10.70 5.95 3.35 1.67 7.63 10.98 New Hampshire 7.95 0.00 0.00 7.95 7.95 7.92 3.50 1.75 9.67 13.17 7.93 2.60 1.30 9.23 11.83 New Jersey 7.99 3.48 1.74 9.73 13.21 8.00 3.50 1.75 9.75 13.25 7.99 3.49 1.75 9.74 13.23 New Mexico 8.25 3.23 1.61 9.86 13.09 8.25 3.50 1.75 10.00 13.50 8.25 3.30 1.65 9.90 13.20 New York 8.01 3.30 1.65 9.65 12.95 8.10 3.49 1.75 9.85 13.34 8.07 3.44 1.72 9.79 13.23 North Carolina 7.86 3.50 1.75 9.61 13.11 8.05 3.50 1.75 9.80 13.30 8.01 3.50 1.75 9.76 13.26 North Dakota 8.25 1.94 0.97 9.22 11.17 8.25 2.89 1.44 9.70 12.58 8.25 1.99 0.99 9.25 11.23 N. Mariana Islands 8.25 0.00 0.00 8.25
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- of the Commission's rules to County of Burlington, New Jersey (``Burlington''), owner of antenna structure # 1206517 in Hainesport, New Jersey. On November 10, 2011, an agent of the Commission's Philadelphia Office inspected antenna structure # 1206517 located near the intersection of Maple Avenue and County Road 537 in Hainesport, New Jersey, and observed the following violation: 47 C.F.R. 1.65(a): ``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Except as otherwise required by rules applicable to particular types of applications, whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as
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- further review. On September 7, 1995, at Liberty's request, the Bureau granted Special Temporary Authority ("STA") to Liberty to operate the nineteen admittedly unlicensed facilities. 4. Thereafter, the Commission designated for hearing issues to determine: (1) the facts and circumstances surrounding Liberty's operation of hardwired interconnected, non-commonly owned buildings, without first obtaining a franchise, and whether Liberty has violated Section 1.65 of the Commission's Rules by failing to notify the Commission of its provision of service in these buildings; (2) the facts and circumstances surrounding Liberty's admitted violations of Section 301 of the Communications Act and Section 94.23 of the Commission's Rules by operating certain OFS facilities without first obtaining Commission authorization, and whether Liberty has violated Section 1.65 of the
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- 1998 Amendment.) SkyBridge proposes several changes and clarifications to the SkyBridge application, as amended by the 1997 Amendment. SkyBridge, among other things, proposes to change the number of satellites in its system from sixty-four to eighty, revises its link budgets, revises frequency usage requirements and states it requires at least 2 GHz of contiguous spectrum for downlinks and at least 1.65 GHz for uplinks. SkyBridge also submitted a series of simulations that SkyBridge claims demonstrates its amended system's ability to meet the relevant provisional power limits adopted at the WRC-97. Teledesic File No.: SAT-LOA-19990108-0005 Teledesic has filed an application for authority to construct, launch, and operate a global constellation of NGSO FSS satellites. Teledesic's proposed system, to be known as the
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- claimed bidding credit is not expressly addressed. 35. That issue, as the Enforcement Bureau notes, was directly addressed in a later Public Notice, issued September 17, 1999, clearly reflecting that changes made after the August 20, 1999 short-form filing deadline could reduce, or completely eliminate, a previously claimed New Entrant Bidding Credit. In a section advising applicants of their Section 1.65 responsibility to maintain the accuracy and completeness of information contained in their short-form applications, bidders were ``reminded that if ownership changes result in the diminishment or loss of a New Entrant Bidding Credit due to the attributable interests of new attributable interest holders, such information must be clearly stated in the bidder's amendment material.'' ``In such cases,'' the staff advised,
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- (accepting for filing the 1999 Amendment, File No. SAT-AMD-19990108-00004)). SkyBridge requested authority to launch and operate a global network of non-geostationary orbit satellites providing a wide range of data, voice and video broadband services. Its proposed network consists of a constellation of 80 operational satellites, or 20 orbital planes with four equally spaced satellites per plane. SkyBridge requests at least 1.65 GHz of uplink spectrum (earth-to-space transmissions) within the 12.75-13.25 GHz, 13.75-14.5 GHz and 17.3-1.78 GHz frequency bands. SkyBridge also requests at least 2 GHz of contiguous downlink spectrum (space-to-earth transmissions) between 10.7 and 12.7 GHz. For its tracking, telemetry and control operations, SkyBridge requests 5 MHz of uplink spectrum in the same uplink bands requested for its service links (the
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- FCC, No. 96-1030 (D.C. Cir. April 24, 1996) (granting stay request). 6. In the interim, the Commission designated for hearing issues to determine the facts and circumstances surrounding Liberty's admitted violations of Section 301 of the Communications Act, 47 U.S.C. 301, and Section 94.23 of the Commission's rules, 47 C.F.R. 94.23, involving unauthorized operations, whether Liberty violated Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, by failing to disclose these activations in pending applications and STA requests, and whether Liberty misrepresented facts, lacked candor, or attempted to mislead the Commission, and thus violated Section 1.17 of the Commission's rules, 47 C.F.R. 1.17. Hearing Designation Order and Notice of Opportunity for Hearing, 11 FCC Rcd 14133 (1996)
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- would be given a full opportunity as a party to litigate any character issue in a future Commission proceeding, to the extent such a proceeding is necessary. See Westel Samoa, Inc., 13 FCC Rcd 6342, 6346 13 (1998). Nevertheless, the ALJ concluded that RBI could be found qualified, if it severed its relationship with Parker. RBI submitted a ``Section 1.65 Statement'' on May 21, 2001, indicating that Parker had resigned as president and director of RBI, that his stock interests had been placed in a voting trust or otherwise transferred, and that a management agreement between Parker and RBI had been terminated. 3. Parker seeks to intervene in order to file exceptions to the ALJ's initial decision. He contends that
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- all material terms must be disclosed whether in writing or not; if there is no agreement in principle by the short-form filing deadline, prohibited communications must cease). In addition, we note that applicants in Commission spectrum auctions are also under an affirmative obligation to maintain their short-form applications substantially accurate and complete in all significant respects. See 47 C.F.R. 1.65(a). Thus, applicants entering into contracts after the short form filing deadline would be obligated to amend their applications appropriately. See 47 C.F.R. 1.2105(b)(2)(applications may be amended to make minor changes). . 700 MHz MO&O and FNPRM 104. See, e.g., Sinclair Comments at 4 (proposal to adopt different technical standard for DTV transmissions); Dielectric Reply at 3 (asserting that
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- competing applicant's bids or bidding strategy could have a deleterious effect on the integrity and competitiveness of our auctions and that it is therefore essential to explicitly prohibit such discussions. Required Disclosure of Communications Regarding Bids or Bidding Strategies Background. Whenever the information furnished in a pending application is no longer substantially accurate and complete in all significant respects, Section 1.65(a) of the Commission's rules requires the applicant to amend the application so as to furnish additional or corrected information ``as promptly as possible and in any event within 30 days. . . .'' Pursuant to Section 1.65(a), auction applicants are required to maintain the accuracy and completeness of their pending short-form applications. Because the short-form application contains a certification under
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- has supplied to the Commission during the course of this investigation, we find that SBC is apparently liable for a forfeiture for: (1) apparently failing to notify the Commission within 30 days that information contained in its section 271 application for Kansas and Oklahoma was no longer substantially accurate or complete in all significant respects, in apparent violation of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; (2) apparently making a misrepresentation or a willful material omission bearing on a matter within the jurisdiction of the Commission in a written statement submitted by SBC in connection with the investigation into the filing of the incorrect affidavits in the Kansas/Oklahoma section 271 proceeding, in apparent violation of section 1.17 of
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- Council on Environmental Quality, Report and Order, 60 Rad. Reg (P&F) 13 (1986) (1986 Order), para. 5; see also 47 C.F.R. 1.1308. AT&T Response at 3; Tycom Comments at 9 (citing Friends of the Earth v. Hintz, 800 F.2d. 822, 834-35 (9th Cir. 1986); 40 C.F.R. 1506.5(b). 47 C.F.R. 1.1311(b). 47 C.F.R. 1.17. 47 C.F.R. 1.65. See para. 13, supra. In addition to the examples mentioned there, a monetary forfeiture also could be imposed if an applicant had failed to update its application as required. Moreover, as noted, in all cases the Commission reserves the right to require an applicant to submit an EA, either in response to a public petition or on its own motion.
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- that its OSS is adequate'' or on SWBT's ``longstanding auditor,'' Ernst & Young. Id. at 3; WorldCom Missouri I Comments at 12-14. See, e.g., SBC Communications, Inc Apparent Liability for Forfeiture, FCC 01-308 (rel. Oct. 16, 2001) (finding SBC apparently liable for a $2.52 million forfeiture for apparent violations of the SBC/SNET consent decree and 47 C.F.R. 1.17 and 1.65). Notably, Ernst & Young submitted an attestation that confirms SWBT's assertion that it undertook corrections of the problem that results in orders posting out-of-sequence. See SWBT Application Arkansas and Missouri II Affs. A, Vol. 4, Affidavits of Michael Kelly (SWBT Kelly Arkansas Aff., SWBT Kelly Missouri II Aff.), paras. 2, 5. We note, however, that where we are presented with
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- initial application and still pending at the time of the release of this Order and Authorization should be deemed to be covered by this Order and Authorization to the extent that the pending applications are listed in Appendix A. The Applicants should amend any current pending applications to reflect the transaction approved by this Order and Authorization consistent with Section 1.65 of the Commission's rules. The waiver request did not identify, nor are we aware of, any pending applications that are subject to a cut-off deadline. Therefore, under these circumstances, no waiver is necessary. Accordingly, the waiver request is rendered moot. V. CONCLUSION In view of the foregoing, we find that granting the applications to assign the licenses and authorizations listed
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- to whether grant of the applications will serve the public interest. 18. Hansen Bankruptcy and Southern Ocean Financial Qualifications. We also find without merit Jersey Shore's contention that Joan Beth Hansen's bankruptcy filing (see n.12, supra) should have been reported to the Commission, or that Southern Ocean's continued representation of financial ability raises candor questions. Pursuant to 47 C.F.R. 1.65 an applicant is required to amend its application within 30 days whenever there has been a substantial change to any matter which may be of decisional significance. Webster-Baker Broadcasting Co., 88 FCC 2d 944, 946 (Rev. Bd. 1982). At the time Hansen and her husband filed for bankruptcy court protection in 1994, the Commission had already approved the merger of
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- in a tie breaker. However, points can be lost through changes that detract from the original proposal. Our rules require applicants to inform us of material changes in their applications after the time of filing, which, in the context of a point system, will include all changes that negatively affect its claimed points and tie breaker position. 47 C.F.R. 1.65. A future applicant's maximum points and its standing in a tie breaker can thus go down, but not up as a result of changes made after filing. For example, if an applicant loses its transmitter site and amends its application in a way that results in lost points, the applicant will only be allowed to claim the amended points. In
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- in a tie breaker. However, points can be lost through changes that detract from the original proposal. Our rules require applicants to inform us of material changes in their applications after the time of filing, which, in the context of a point system, will include all changes that negatively affect its claimed points and tie breaker position. 47 C.F.R. 1.65. A future applicant's maximum points and its standing in a tie breaker can thus go down, but not up as a result of changes made after filing. For example, if an applicant loses its transmitter site and amends its application in a way that results in lost points, the applicant will only be allowed to claim the amended points. In
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- and ownership/operating agreements. (RBI Exh. 14; Tr. 624-628, 814-815.) Management Services Agreement RBI entered into the MSA on May 28, 1989, under which Partel was to receive a substantial ownership interest in RBI. (RBI Exh. 18 at 6-19; Adams Exh. 19; Tr. 626.) The MSA was to be reported to the Commission within 30 days of the MSA's execution under 1.65. On February 7, 1992, more than one year after its execution, RBI reported the MSA, but only as an amendment to the bankruptcy transfer application. (RBI Exh. 14.) The amendment contained no identifying reference to the MSA, did not direct the reader's attention to the MSA in the material which followed, and gave no communicative information from which it might
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- $20.91 $19.23 $21.02 $1.79 9.3% Standard error 0.55 0.84 0.54 -- --- Programming total $33.75 $31.66 $33.89 $2.23 7.0%* Standard error 0.37 0.62 0.35 -- --- Equipment $3.24 $3.27 $3.24 -$0.03 -0.9% Standard error 0.13 0.18 0.13 -- --- Programming and equipment $36.99 $34.93 $37.13 $2.20 6.3%* Standard error 0.39 0.69 0.37 -- --- Number of channels 59.37 60.92 59.27 -1.65 -2.7% Standard error 1.03 1.45 1.00 -- --- Rate per channel $0.600 $0.551 $0.603 $0.052 9.4%* Standard error 0.01 0.02 0.01 -- --- No. of satellite channels 44.88 46.42 44.79 -1.63 -3.5% Standard error 0.89 1.26 0.86 -- --- Rate per satellite channel $0.801 $0.744 $0.805 $0.061 8.2% Standard error 0.02 0.04 0.02 -- --- July 1, 2000 BST
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- MR-5-01-5000 % Repeat Reports within 30 Days 33.33 20 33.33 0 0 0 20 0 10 6.25 a,b,c,d NETWORK PERFORMANCE NP-1 - Percent Final Trunk Group Blockage NP-1-01-5000 % Final Trunk Groups Exceeding Blocking Standard 1.22 0 1.83 0 0.62 0 0.31 0 0.65 0 NP-1-02-5000 % FTG Exceeding Blocking Std. -(No Exceptions) 3.95 5.65 1.83 1.7 0.62 1.69 0.31 1.65 0.65 1.71 NP-1-03-5000 Number FTG Exceeding Blocking Std. - 2 Months 0 0 0 0 0 NP-1-04-5000 Number FTG Exceeding Blocking Std. - 3 Months 0 0 0 0 0 NP-2 - Collocation Performance - New NP-2-01-6701 % On Time Response to Request for Physical Collocation 100 NA 100 100 100 a,c,d,e NP-2-02-6701 % On Time Response to Request for
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- (``PSAP'') or by October 1, 2001, whichever is later, in willful and repeated violation of Section 20.18(g)(2) of the Rules, again without even requesting a waiver; (3) failed to notify the Commission within 30 days that information contained in its E911 waiver request was no longer substantially accurate or complete in all respects, in willful and repeated violation of Section 1.65 of the Rules; and (4) failed to make a supplementary filing notifying the Commission that it was not going to comply with the deployment schedule requirements set forth in the E911 rules in willful and repeated violation of the Commission order granting it a waiver of the E911 rules for its GSM network. For the reasons discussed below, we find
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- EB-01-IH-0453 ) NAL/Acct. No.200132080059 ) FRN Nos. 0004-3051-24 SBC Communications, Inc. ) 0004-3335-71 ) 0005-1937-01 ORDER Adopted: May 22, 2002 Released: May 28, 2002 By the Commission: The Commission has been conducting two investigations into potential violations by SBC Communications, Inc. (``SBC'') of sections 251 and 271 of the Communications Act of 1934, as amended (``the Act''), sections 1.17 and 1.65 of the Commission's Rules, and the requirements of the SBC/SNET Consent Decree. These investigations focused on competitors' access to SBC's operations support systems (``OSS'') and information SBC provided to the Commission as part of its section 271 applications. The Commission and SBC have negotiated the terms of a Consent Decree that will terminate these investigations. A copy of the Consent
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- Repeat Trouble Report Rates MR-5-01-5000 % Repeat Reports within 30 Days 0 0 20 0 10 6.25 6.67 0 27.3 12.5 1,2 NETWORK PERFORMANCE NP-1 - Percent Final Trunk Group Blockage NP-1-01-5000 % Final Trunk Groups Exceeding Blocking Standard 0.62 0 0.31 0 0.65 0 0.65 0 1.96 0 NP-1-02-5000 % FTG Exceeding Blocking Std. -(No Exceptions) 0.62 1.69 0.31 1.65 0.65 1.71 0.65 1.41 1.96 3.07 NP-1-03-5000 Number FTG Exceeding Blocking Std. - 2 Months 0 0 0 0 0 NP-1-04-5000 Number FTG Exceeding Blocking Std. - 3 Months 0 0 0 0 0 NP-2 - Collocation Performance - New NP-2-01-6701 % On Time Response to Request for Physical Collocation 100 100 100 100 NA 1,2,3,4 NP-2-02-6701 % On Time
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- States v. Electromechanical Systems, Inc., M.D. Case No. 8.00-CR-253-T-27A (M.D. Fla. 2000). Id. Id. Letters to the Secretary, Federal Communications Commission, from Raymond G. Bender (Counsel for Comsat Corporation) accompanying amendments to earth station applications: 1) SES-MOD-19991115-0215700431; (2) SES-LRC-1998021700202 et seq.; (3) SES-MOD-2000313-00409 et seq.; (4) SES-LRC-19990330 et seq. and (5) SES-MOD-19990108-00020, dated August 21, 2000. See 47 C.F.R. 1.65. 29 See FCC Form 312, Application for Space and Earth Station Authorizations, requires an applicant or any party directly or indirectly controlling the applicant to inform the Commission of a conviction of a felony in any state or federal court. We note that Comsat initially represented that EMS was not a Commission licensee. Comsat concedes that it erred in this
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- the original term of the construction permit had expired. See also RBI Exh. 12, Tab B (request for automatic extension of the construction permit); Adams Exh. 41 (stipulated facts Earl Township v. Reading Broadcasting, Inc.). Consequently, he found that RBI had not shown reasonable assurance that the site would be available. 83. On April 30, 2001, RBI submitted a Section 1.65 Statement reporting that the Commonwealth Court of Pennsylvania had upheld an injunction against construction of RBI's proposed tower. RBI also submitted an amendment to the construction permit substituting a modification of RBI's current transmitter site for the disputed proposed site. The amended construction permit would give RBI 29 percent more coverage than Adams. 84. We will not attempt to resolve
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- EB-02-TS-018 ) NAL/Acct. No. 200232100002 ) FRN 0003-7665-32 Adopted: October 8, 2002 Released: October 9, 2002 By the Commission: In this Order, we adopt a Consent Decree terminating the above-captioned proceeding regarding possible violations by AT&T Wireless Services, Inc. (``AT&T Wireless'') of the enhanced 911 (``E911'') Phase II provisions of Section 20.18 of the Commission's Rules (``Rules''), Sections 1.17 and 1.65 of the Rules, and the supplemental filing requirement set forth in the Commission order granting AT&T Wireless a waiver of the E911 Phase II rules for its Global System for Mobile Communications/General Packet Radio Service network. The Commission and AT&T Wireless have negotiated the terms of a Consent Decree that would resolve this matter and terminate the above-captioned proceeding. A
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- choices to consumers. See Consolidated Application of EchoStar Communications Corporation, General Motors Corporation, Hughes Electronics Corporation, Transferors, and EchoStar Communications Corporation, Transferee, for Authority to Transfer Control, December 3, 2001 (``December 2001 Filing''); Letters to William F. Caton, Acting Secretary, Federal Communications Commission from Pantelis Michalopoulos, Counsel for EchoStar and Gary Epstein, Counsel for Hughes providing information pursuant to Section 1.65 of Commission Rules, filed December 18, 2001 and February 21, 2002 (``December 2001 Amendment Letter'' and ``February 2002 Amendment Letter''). The term, ``Application,'' includes the December 2001 Filing, December 2001 Amendment Letter, and February 2002 Amendment Letter. The Commission placed the Applicants' filing on public notice December 21, 2001, DA 01-3005, CS Docket No. 01-348,establishing a comment cycle for this
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- 204001Elct Man-4 Digital DS3 Loop 1.74 6.00 6.00 2.53 6.00 2.80 6.00 5.02 6.00abcde 2 - 204003Elct Man- UNE Dark Fiber 6.00 37.29 6.00 8.91 6.00 1.07 6.00 6.00abcde 2 - 204004Elct Man- UNE EELs - Voice Grade 2.03 6.00 1.99 6.00 1.28 6.00 1.66 6.00 1.51 6.00 2 - 204005Elct Man- UNE EELs - DS1 1.74 6.00 1.54 6.00 1.65 6.00 1.67 6.00 1.85 6.00 2 - 204006Elct Man- UNE EELs - DS3 3.09 6.00 0.98 6.00 6.00 2.60 6.00 2.17 6.00abcde 2 - 204701Elct Man-UNE Dedicated Trnsprt DS1 3.00 6.00 3.90 6.00 5.19 6.00 3.61 6.00 8.92 6.00 2 - 204702Elct Man-UNE Dedicated Trnsprt DS3 3.39 6.00 2.73 6.00 3.72 6.00 2.92 6.00 2.96 6.00 2 - 204800Elct Man-UNE
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- Telephone even though it is still 46 BellSouth Reply at 31; BellSouth Varner Reply Aff. at para. 9. 47 BellSouth Varner Aff. at paras. 39-68; BellSouth Varner Reply Aff. at paras. 5, 29, 45, 47-66. See also BellSouth Multistate Order, 17 FCC Rcd at 17604, para. 16; BellSouth Georgia/Louisiana Order, 17 FCC Rcd at 9030, para. 19. 48 47 C.F.R. 1.65. BellSouth acknowledges that it is bound by this rule. BellSouth Varner Reply Aff. at para. 11. 49 We also note that submission of false data to the Commission could subject BellSouth to criminal prosecution under 18 U.S.C. 1001. 50 BellSouth Varner Reply Aff. at paras. 20-21. But see AT&T Bursh/Norris/Bell Supp. Decl. at paras. 28-54. 51 PMAP is the
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- Rcd at 1273-74. See Consolidated Application of EchoStar Communications Corporation, General Motors Corporation, Hughes Electronics Corporation, Transferors, and EchoStar Communications Corporation, Transferee, for Authority to Transfer Control, Dec. 3, 2001 (``December 2001 Filing''); Letters to William F. Caton, Acting Secretary, Federal Communications Commission from Pantelis Michalopoulos, Counsel for EchoStar and Gary Epstein, Counsel for Hughes providing information pursuant to Section 1.65 of Commission Rules, filed Dec. 18, 2001 and Feb. 21, 2002 (``December 2001 Amendment Letter'' and ``February 2002 Amendment Letter''). The term, ``Application,'' includes the December 2001 Filing, December 2001 Amendment Letter, and February 2002 Amendment Letter. EchoStar and Hughes also submitted a joint application requesting authority to launch and operate NEW ECHOSTAR 1, a direct broadcast satellite that would
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- general partner who was an alien. Under the policies then in effect, having a non-U.S. citizen or entity holding any general partnership interest was absolutely disqualifying. Less than two months later, on September 23, 1988, Sharifan's interest was transferred to Amir R. Riahi-Shiraz (a U.S. citizen). Alee won the NM 3 lottery a few months later, and filed a section 1.65 amendment on January 9, 1989. That amendment, signed by Robert Bernstein (Alee's signing partner and largest equity holder at the time) and prepared by Alee's attorney, William Franklin, listed Sharifan (not Riahi-Shiraz) as a partner and inaccurately stated that all partners were U.S. citizens. More than a year later, on April 30, 1990, Alee filed a letter disclosing the errors
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- Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 431-32 (1997) (``Third Report and Order''). Request, 10. In its Reply, ALI argues that resolution of its case is not final while the application is ``pending,'' under the definition in 47 C.F.R. 1.65. Reply of ALI to Opposition, p. 5 n. 2. However, Section 1.65 concerns the scope of an applicant's reporting obligations for maintaining the accuracy and completeness of information furnished in a pending application. The language of the section that defines an application as ``pending'' until a Commission grant or denial ``is no longer subject to reconsideration by the Commission or
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- (6) South Boston; and (7) South End). Id. at 16, citing Letter from Steve Grossman, Director of Regulatory Affairs, RCN, to Alicia Mathews, Director, Cable Television Division, Massachusetts Department of Telecomm. (Mar. 9, 2001)(Attached as Exhibit 2 to AT&T's Opposition). Boston Reply at 3. Boston Application at 20. AT&T Opposition at 16. Boston Reply at 3. See 47 C.F.R. 1.65 (applicant responsible for continuing accuracy and completeness of information furnished in pending application); see also In re Section 208 Complaints Alleging Violations of the Commission's Rate of Return Prescription for the 1987-1988 Monitoring Period, MO&O, 8 FCC Rcd 5485 at 39 (1993) (``it is not the Commission's responsibility to make a party's case,'' it is the parties' ``obligation to
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- a licensing requirement). Space Station Reform NPRM, 17 FCC Rcd at 3894 (para. 137). Space Station Reform NPRM, 17 FCC Rcd at 3894 (para. 137). See also Section VI.E.3. above (treatment of major amendments in first-come, first-served procedure). Space Station Reform NPRM, 17 FCC Rcd at 3894 (para. 137). Telesat Comments at 8. Telesat Comments at 8. 47 C.F.R. 1.65. Space Station Reform NPRM, 17 FCC Rcd at 3891 (para. 129), citing 47 C.F.R. 25.137(b); DISCO II, 12 FCC Rcd at 24175-76 (para. 191). This information requirement does not apply to non-U.S.-licensed satellite operators seeking access to the U.S. market with an in-orbit satellite. Space Station Reform NPRM, 17 FCC Rcd at 3891 (para. 129). Telesat Comments at 5.
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- a licensing requirement). Space Station Reform NPRM, 17 FCC Rcd at 3894 (para. 137). Space Station Reform NPRM, 17 FCC Rcd at 3894 (para. 137). See also Section VI.E.3. above (treatment of major amendments in first-come, first-served procedure). Space Station Reform NPRM, 17 FCC Rcd at 3894 (para. 137). Telesat Comments at 8. Telesat Comments at 8. 47 C.F.R. 1.65. Space Station Reform NPRM, 17 FCC Rcd at 3891 (para. 129), citing 47 C.F.R. 25.137(b); DISCO II, 12 FCC Rcd at 24175-76 (para. 191). This information requirement does not apply to non-U.S.-licensed satellite operators seeking access to the U.S. market with an in-orbit satellite. Space Station Reform NPRM, 17 FCC Rcd at 3891 (para. 129). Telesat Comments at 5.
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- filings, including applications and notifications, submission of any materials required to support a required Environmental Assessment, any reports required by our rules and applicable to the lessee, information necessary to facilitate international or IRAC coordination, or any other submissions applicable to the lessee's operations. In addition, spectrum lessees will be obligated to maintain accurate information on file pursuant to section 1.65 of our rules. To facilitate our recordkeeping as well as access to information necessary to undertake any necessary enforcement inquiries or actions, we will make clear in ULS the relationship among each licensee, its lessees, and their sublessees in order to reflect the associations with the licensee's underlying call sign. Forbearance from Section 309(b) requirements relating to 30-day notice and
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- filings, including applications and notifications, submission of any materials required to support a required Environmental Assessment, any reports required by our rules and applicable to the lessee, information necessary to facilitate international or IRAC coordination, or any other submissions applicable to the lessee's operations. In addition, spectrum lessees will be obligated to maintain accurate information on file pursuant to section 1.65 of our rules. To facilitate our recordkeeping as well as access to information necessary to undertake any necessary enforcement inquiries or actions, we will make clear in ULS the relationship among each licensee, its lessees, and their sublessees in order to reflect the associations with the licensee's underlying call sign. Forbearance from Section 309(b) requirements relating to 30-day notice and
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- Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Streamlining MO&O, 14 FCC Rcd at 17541. See 47 C.F.R. 73.3534(d) and 73.3535(c) (1998). See 47 C.F.R. 1.110. See Streamlining MO&O, 14 FCC Rcd at 17539. Kesselman also failed to advise the Commission of the loss of the site specified in its construction permit application in violation of Section 1.65 of the rules. 47 C.F.R. 73.3598(c). Wendell, 17 FCC Rcd at 18579 n.14. (considering a waiver request that was based on an event occurring two months previously). See generally Streamlining R&O, 13 FCC Rcd at 23091 and Streamlining MO&O, 14 FCC Rcd at 17541. (...continued from previous page) (continued....) Federal Communications Commission FCC 03-14 Federal Communications Commission FCC 03-14
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- service.''). See, e.g., Boeing Comments at 5-8; ICO Comments at 43-51; MSV Comments at 27-28; CTIA Comments at 3-5; Voicestream Reply at 20-24; Constellation Reply at 9-16; TRW Reply at 4-6; Boeing Reply at 5-10; MSV Reply at 25-27; Globalstar Reply at 8-9. See Flexibility Notice, 16 FCC Rcd at 15551-52, 42-46. See infra App. B; 47 C.F.R. 1.65. See Flexibility Notice, 16 FCC Rcd at 15547, 32; id. at 15551, 42. See id. at 15551, 43. See id. at 15564, 80. See, e.g., Celsat Reply at 10 (addressing the coverage requirements for 2 GHz MSS band licensees and stating that ``Celsat supports this coverage requirement because it effectively ensures that ancillary terrestrial use will
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- service.''). See, e.g., Boeing Comments at 5-8; ICO Comments at 43-51; MSV Comments at 27-28; CTIA Comments at 3-5; Voicestream Reply at 20-24; Constellation Reply at 9-16; TRW Reply at 4-6; Boeing Reply at 5-10; MSV Reply at 25-27; Globalstar Reply at 8-9. See Flexibility Notice, 16 FCC Rcd at 15551-52, 42-46. See infra App. B; 47 C.F.R. 1.65. See Flexibility Notice, 16 FCC Rcd at 15547, 32; id. at 15551, 42. See id. at 15551, 43. See id. at 15564, 80. See, e.g., Celsat Reply at 10 (addressing the coverage requirements for 2 GHz MSS band licensees and stating that ``Celsat supports this coverage requirement because it effectively ensures that ancillary terrestrial use will
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- M. Sharifan, a four percent general partner who was an alien. Under the policies then in effect, having a non-U.S. citizen or entity holding any general partnership interest was absolutely disqualifying. On September 23, 1988, Sharifan's interest was transferred to a U.S. citizen. Subsequently, in December 1988, Alee won the NM3 lottery. On January 9, 1989, Alee filed a section 1.65 amendment that continued to list the non-U.S. citizen as a partner and inaccurately stated that all the partners were U.S. citizens. More than a year later, on April 30, 1990, Alee filed a letter disclosing the errors in the application and a section 1.65 amendment - stating that one of its initial partners was not a U.S. citizen and that
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- Letter at 2; Michigan Bell Brown/Cottrell/Flynn Supplemental Reply Aff. at paras. 25-26. In any event, we instead rely on Michigan Bell's affirmative statements on the record in this docket, which are made pursuant to ``procedural rules requiring that parties submit accurate, reliable and truthful information.'' Verizon New Jersey Order, 17 FCC Rcd at 12316, para. 92 (citing 47 C.F.R. 1.65). See In The Matter of Application by Verizon Maryland Inc., Verizon Washington, D.C. Inc., Verizon West Virginia Inc., Bell Atlantic Communications, Inc. (d/b/a Verizon Long Distance), NYNEX Long Distance Company (d/b/a Verizon Enterprise Solutions), Verizon Global Networks Inc., and Verizon Select Services Inc., for Authorization to Provide In-Region, InterLATA Services in Maryland, Washington, D.C., and West Virginia, WC Docket No.
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- that argument, the staff concluded that ``because the parties have not yet agreed on the terms of any such possible business relationship..., it would be premature to conclude that the parties will agree to conduct or actions which would violate the cross-interest policy.'' We have no reason to think that the premise of this conclusion has changed. Pursuant to Section 1.65 of the Commission's rules, applicants, such as AK Media, are required to promptly notify the Commission whenever the information furnished in a pending application or in Commission proceedings involving a pending application is no longer substantially accurate and complete in all significant respects. There are no materials before us that would indicate that the information earlier furnished is no longer
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- we find that, when it filed its application, WorldCom did not misrepresent the truth in its answers to questions 75 and 77 on FCC Form 603 in the instant applications. At the time of filing, WorldCom was not subject to any criminal charges. Nevertheless, we find that WorldCom failed to amend its application in a timely manner, pursuant to section 1.65 of the Commission's rules, to notify the Commission of the State of Oklahoma's criminal charges against WorldCom. Question 77 is written in broad terms that require an applicant to report involvement in pending state and federal felony cases, such as the criminal charges in Oklahoma, and rule 1.65 requires that applicants be ``responsible for the continuing accuracy and completeness of
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- (D.C. Cir. Aug. 4, 1989)). See Continental Order, 4 FCC Rcd at 6298 (citing Central Telecommunications, Inc. v TCI Cablevision, 610 F. Supp. 891 (W.D. Mo. 1985), aff'd, 800 F.2d 711 (8th Cir. 1986), cert. denied 480 U.S. 910 (1987); and RKO Order, 3 FCC Rcd 5057, 5058). See Character Policy Statement 1986, 102 F.C.C.2d 1205. See 47 C.F.R. 1.65. See Lockheed Martin Corp., et al., 17 FCC Rcd 13160, 13166 16 (2002). See also Application for Space and Earth Station Authorizations For Transfer of Control or Assignment, FCC 312 Main Form (``FCC Form 312''), which requires that an applicant or any party directly or indirectly controlling the applicant inform the Commission of a conviction of a felony in
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- H. Dortch Secretary See Consolidated Application of EchoStar Communications Corporation, General Motors Corporation, Hughes Electronics Corporation, Transferors, and EchoStar Communications Corporation, Transferee, for Authority to Transfer Control, December 3, 2001 (``December 2001 Filing''); Letters to William F. Caton, Acting Secretary, Federal Communications Commission from Pantelis Michalopoulos, Counsel for EchoStar and Gary Epstein, Counsel for Hughes providing information pursuant to Section 1.65 of Commission Rules, filed December 18, 2001 and February 21, 2002 (``December 2001 Amendment Letter'' and ``February 2002 Amendment Letter''). The term, ``Transfer of Control Application,'' includes the December 2001 Filing, December 2001 Amendment Letter, and February 2002 Amendment Letter. EchoStar Satellite Corporation and Hughes Electronic Corporation, Application for Authority to Launch and Operate NEW ECHOSTAR 1 (USABBS-16), S2435, File
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- subsection 1.2112(a)(1) to the disclosure requirements as set forth in section 1.919(e) to ensure that applicants include a complete disclosure of the identity and relationship of those persons or entities directly or indirectly owning or controlling (or both) the applicant. We also remind applicants that, if the information disclosed pursuant to section 1.2112(a) changes while the application is pending, section 1.65 of the Commission's rules requires that additional or corrected information be submitted. These rule revisions are consistent with our efforts to provide specific guidance to applicants, to provide transparency at all stages in the competitive bidding and licensing process; and, finally to ensure that the Commission, the public, and interested parties, are aware of the real party or parties in
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- provided for in Article 44 of the International Telecommunications Convention. International Telecommunications Convention 63.701 R&O in Docket 83-1230 APPENDIX B ELECTRONIC FORMS REQUIRING DEVELOPMENT Name of Filing IBFS Abbreviation Brief Description Rule Section INTERNATIONAL SECTION 214 AUTHORIZATION International Telecommunications Certificate (ITC) -- Amendment ITC-AMD Amendment of an application to correct information required for the processing of the original application. 63.50 1.65 International Telecommunications Certificate (ITC) -Assignment ITC-ASG Application for assignment of an authorization, or a portion of it, from one entity to another. Following an assignment, the authorization will usually be held by an entity other than the one to which it was originally granted. 63.24(b) International Telecommunications Certificate (ITC) -- BOC Notification ITC-BOC Notification filed by a Bell Operating Company
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- For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR Parts 1, 2, 11, 15, 21, 27, 73, 74, 76, 78, 79, and 101 as follows: PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read: AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Section 1.65 is amended by revising paragraph (b) to read as follows: 1.65 Substantial and significant changes in information furnished by applicants to the Commission. * * * * * b) Applications in broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 regarding the modification of their applications. * * * *
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- 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, 13 FCC Rcd 23056 (1998) (``Streamlining R&O''), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999) (``Streamlining MO&O''). The application contained multiple deficiencies which KRI took five months to correct. See Streamlining MO&O, 14 FCC Rcd at 17536. Pursuant to 47 C.F.R. 1.65(a), KRI should have reported such a change in circumstances to the Commission. See Declaration of Fred Weinberg (dated Dec. 20, 2000), attached to KRI's Petition for Reconsideration. A similar but undated statement from Mr. Weinberg was first submitted on November 9, 1999, as a supplement to KRI's defective license application (File No. BL-990819DD). Supplement to File No. BL-990819DD at 2.
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- Secretary of State that Calvary Chapel of Gainesville, Inc. was incorporated in Florida on August 21, 1995. See www.sunbiz.org/scripts/cornamelis.exe. 47 C.F.R. 73.807. See KLUC Broadcasting Co., 41 R.R.2d 863, 864 (1977), app. for review denied, 42 R.R.2d 178 (1978). See Mansfield Broadcasting Company, 8 R.R.2d 155, 158 (1966), recon. denied, 4 F.C.C.2d 154 (1966). See, e.g., Public Notice, Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM Translator Applicants, DA 04-4009, (rel. Dec. 22, 2004) at note 1. See 47 C.F.R. 73.807. See www.fcc.gov/mb/audio/lowpwr.html. See n.2, supra. 47 C.F.R. 73.872. Id. See id. See File No. BNPL-20010615AAU (``CCG Application'') at Section III, Question 1(a); see also Exhibit 7; File No. BNPL-20010615AAG (``Faith Presbyterian Application'') at Section
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- 2254-57 and 47 C.F.R. 73.870(b). The one exception to this licensing rule is that applications for new FM booster station construction permits, which must operate on a co-channel basis and may not extend the service contour of the associated commercial or NCE primary station, may be filed at any time. See 47 C.F.R. 74.1233. See Public Notice, Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM Translator Station Applicants, DA 04-4009 (MB rel. Dec. 22, 2004). See Reexamination of the Comparative Standard for Noncommercial Educational Applicants, 15 FCC Rcd 7386 (2000). See 5 U.S.C. 801(a)(1)(A). See 47 C.F.R. 1.1206(b); see also 47 C.F.R. 1.1202, 1.1203. See 47 C.F.R. 1.1206(b)(2). See id. 1.415,
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- new holding company resulted in no change in ultimate ownership or control of the Intelsat's U.S. licensees, the request for approval was properly filed as a pro forma transfer of control application. See, IB File Nos. SAT-T/C-20050203-00022, SAT-T/C-20050203-00023, SES-T/C-20050203-00137, SES-T/C-20050203-00138, SES-T/C-20050203-00139, SES-T/C-20050203-00140, SES-T/C-20050203-00141 and OET File No. 0005-EX-TU-2005, and WTB File No. 0002034757. On February 17, 2005, pursuant to Section 1.65 of Commission rules, Intelsat filed updates to these applications to indicate a change in the slate of officers and directors of Zeus and certain of its subsidiaries. Letter from Counsel for Intelsat, LLC, to Secretary, FCC, Feb. 17, 2005. Letter from Counsel to Intelsat, Ltd. to Secretary, FCC, attaching updated Certification of Intelsat, Ltd., Feb. 9, 2005, File No. SAT-PDR-20041228-00231,
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- for in Article 44 of the International Telecommunication Convention. International Telecommunication Convention 63.701 R&O in Docket 83-1230, APPENDIX B ELECTRONIC FORMS REQUIRING DEVELOPMENT Name of Filing IBFS Abbreviation Brief Description Rule Section INTERNATIONAL SECTION 214 AUTHORIZATION International Telecommunications Certificate (ITC) -- Amendment ITC-AMD Amendment of an application to correct information required for the processing of the original application. 63.50 63.51 1.65 International Telecommunications Certificate (ITC) -Modification ITC-MOD Modification to an authorization of updated information required to maintain accuracy of the certifications made in the original application. 63.21 International Telecommunications Certificate (ITC) --Other Filings TBD Notification of miscellaneous items such as notification of wholly-owned subsidiaries, name change, discontinuances, notification of consummation of transfers of control and assignments. 63.21 63.21 63.24 SUBMARINE CABLE
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- for in Article 44 of the International Telecommunication Convention. International Telecommunication Convention 63.701 R&O in Docket 83-1230, APPENDIX B ELECTRONIC FORMS REQUIRING DEVELOPMENT Name of Filing IBFS Abbreviation Brief Description Rule Section INTERNATIONAL SECTION 214 AUTHORIZATION International Telecommunications Certificate (ITC) -- Amendment ITC-AMD Amendment of an application to correct information required for the processing of the original application. 63.50 63.51 1.65 International Telecommunications Certificate (ITC) -Modification ITC-MOD Modification to an authorization of updated information required to maintain accuracy of the certifications made in the original application. 63.21 International Telecommunications Certificate (ITC) --Other Filings TBD Notification of miscellaneous items such as notification of wholly-owned subsidiaries, name change, discontinuances, notification of consummation of transfers of control and assignments. 63.21 63.21 63.24 SUBMARINE CABLE
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- to be Retained, Assumed and/or Assigned by the Debtors, Case No. 02-41729 (Bankr. S.D.N.Y. Oct.14, 2005 (Gerber, J.)). See, e.g., Comcast-AT&T Order, 17 FCC Rcd at 23254 25 n.55 (indicating that 26 LFAs had not consented to the filed transfer applications at the time of Commission grant of the merger applications). 47 C.F.R. 78.35(e). Id. 47 C.F.R. 1.65(a). As stated supra note 121, we expect the Applicants, if they are unable to consummate the transactions as granted herein consistent with Commission rule, 47 C.F.R. 78.35(e), to file a request for extension of time to consummate. Moreover, if the failure to consummate results in violation of a Commission rule, the Applicants must file within 30 days of the
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- CRS to be and to remain a Commission licensee; to determine whether CRS made misrepresentations and/or lacked candor and/or violated Section 1.17 of the Commission's rules regarding the felony convictions of Mr. Doty in any applications filed with the Commission; to determine whether CRS failed to timely amend Commission applications to disclose Mr. Doty's felony convictions, in violation of Section 1.65 of the Commission's rules; to determine whether CRS made false certifications in any applications filed with the Commission; to determine, in light of the evidence adduced pursuant to the foregoing issues, whether Mr. Doty is qualified to be and to remain a Commission licensee; to determine, in light of the evidence adduced pursuant to the foregoing issues, whether CRS is
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- States Department of Justice for investigation. If an applicant is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, it may be subject to forfeiture of its upfront payment, down payment, or full bid amount and may be prohibited from participating in future auctions, among other sanctions. Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or
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- 19 FCC Rcd 21232 (2004). File No. SES-T/C-20060106-00013, as amended by File No. SES-AMD-20060320-00471 (``Transfer of Control Application''). See also Letter from Peter A. Rohrbach and Karis A. Hastings, Counsel for SES GLOBAL, to Marlene H. Dortch, Secretary, Federal Communications Commission, IB Docket No. 06-23 (filed Mar. 21, 2006) (providing revised Exhibit E to File No. SES-T/C-20060106-00013 (``March 21 Section 1.65 Letter'')). See Permitted List, available at http://www.fcc.gov/ib/sd/se/permitted.html. See New Skies Satellites Holdings LTD, Transferor, and SES Global S.A., Transferee, Applications to Transfer Control of Authorizations Held By New Skies Networks, Inc. and Notification of Change to Permitted Space Station List, DA 06-699, IB Docket No. 06-23, Public Notice (Int'l Bur. approved the transfer of control with conditions), March 29, 2006.
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- 19 FCC Rcd 21232 (2004). File No. SES-T/C-20060106-00013, as amended by File No. SES-AMD-20060320-00471 (``Transfer of Control Application''). See also Letter from Peter A. Rohrbach and Karis A. Hastings, Counsel for SES GLOBAL, to Marlene H. Dortch, Secretary, Federal Communications Commission, IB Docket No. 06-23 (filed Mar. 21, 2006) (providing revised Exhibit E to File No. SES-T/C-20060106-00013 (``March 21 Section 1.65 Letter'')). See Permitted List, available at http://www.fcc.gov/ib/sd/se/permitted.html. See New Skies Satellites Holdings LTD, Transferor, and SES Global S.A., Transferee, Applications to Transfer Control of Authorizations Held By New Skies Networks, Inc. and Notification of Change to Permitted Space Station List, DA 06-699, IB Docket No. 06-23, Public Notice (Int'l Bur. approved the transfer of control with conditions), March 29, 2006.
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- and the consummation of the proposed transaction (the "Interim Period"); and (2) all applications (including applications for STA), petitions or other filings that remain pending at the time of consummation of the proposed transfers of control.206 The Applicants state that, following the conclusion of the proposed transaction, PanAmSat and its subsidiaries will supplement their pending applications as required under section 1.65 of the Commission's rules to reflect the new ownership structure of PanAmSat.207 73. We grant Applicants' request. Consistent with section 1.65 of the Commission's rules, PanAmSat and its subsidiaries should amend any currently pending applications to reflect the consummation of the transaction approved by this Order.208 Additionally, to the extent that Appendix A to this Order does not include all
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- 19 FCC Rcd 21232 (2004). File No. SES-T/C-20060106-00013, as amended by File No. SES-AMD-20060320-00471 (``Transfer of Control Application''). See also Letter from Peter A. Rohrbach and Karis A. Hastings, Counsel for SES GLOBAL, to Marlene H. Dortch, Secretary, Federal Communications Commission, IB Docket No. 06-23 (filed Mar. 21, 2006) (providing revised Exhibit E to File No. SES-T/C-20060106-00013 (``March 21 Section 1.65 Letter'')). See Permitted List, available at http://www.fcc.gov/ib/sd/se/permitted.html. See New Skies Satellites Holdings LTD, Transferor, and SES Global S.A., Transferee, Applications to Transfer Control of Authorizations Held By New Skies Networks, Inc. and Notification of Change to Permitted Space Station List, DA 06-699, IB Docket No. 06-23, 21 FCC Rcd. 3194, Public Notice (Int'l Bur. approved the transfer of control with
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- PAI to be and remain Commission licensees. Failure to File Required Forms or Information Under Commission precedent and Sections 4(i), 4(j), 218, 308, and 403 of the Communications Act of 1934, as amended, failure to respond appropriately to a Bureau letter of inquiry constitutes a violation of the Commission's Rules, potentially subjecting the party doing so to serious sanctions. Section 1.65 of the Commission's Rules requires applicants to file substantial and significant changes in information furnished by applicants to the Commission within 30 days of such changes. The record indicates that PAI may have failed to update the Commission regarding substantial and significant changes in information it furnished as a part of its pending construction Waiver Request. In its Waiver Request,
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- of (1) any license or authorization issued to Stratos Global or its subsidiaries during the Interim Period; (2) construction permits held by such companies that mature into licenses after closing; and (3) applications filed by such companies after the date of this Application and that are pending at the time of the consummation of the proposed transaction. Pursuant to Section 1.65 of the rules, Applicants should amend any current pending applications, as well as applications that were acted on between the filing date of this Application and the consummation date, to reflect the transaction as approved by this Order and Declaratory Ruling. Transfer of Accounting Authority Certification Along with the Transfer of Control Application, Stratos Mobile Networks, Inc. filed a Form
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- to participate in the provision of spectrum-based services. This mandate has been recognized repeatedly by the courts. See, e.g., Metro Broadcasting, Inc. v. FCC, 497 U.S. 547, 567 (1990); FCC v. National Citizens Committee for Broadcasting, 436 U.S. 775, 795 (1978); Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 409 (1969). DCS Initial Comments at 7. 47 C.F.R. 1.65. DCS Initial Comments at 19-20 & nn.67-69 (citing allegations made in eight cases arising between 2004 and 2007, but arguing that limited enforcement resources ensured that more such cases went undetected). The Commission, however, can adopt measures to deter ownership fraud without ruling on DCS's claim that ownership fraud may be widespread. Rules granting preferences to qualified classes of applicants
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- assigned to Intelsat or any of its subsidiaries during the pendency of the Applications and prior to consummation of any approved transaction; and (2) all applications pending at the time of consummation of the proposed transaction. We grant Applicants' request to transfer control of the relevant licenses and authorizations issued or assigned to Intelsat or its subsidiaries. Consistent with section 1.65 of the Commission's rules, Serafina and the Intelsat Licensees should amend any currently pending applications to reflect the consummation of the transaction approved by this Order. Additionally, to the extent that Attachment A to this Order does not include all authorizations issued to the Intelsat Licensees during the period between the filing of the Applications and the consummation of the
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- this information collection. See OMB Control No. 3060-1105. The Media Bureau will announce when OMB approval has been obtained and will confirm the February 18, 2008 filing deadline for when broadcasters must file the form. 47 C.F.R. 73.622(i). See Third Periodic DTV NPRM, 22 FCC Rcd at 9492, Section V. ( 35). This requirement is consistent with 47 C.F.R. 1.65(a). See 47 U.S.C. 308(b) (The Commission may request that licensees provide ``such other information as [the Commission] may require...during the term of any such licenses...to enable it to determine whether such original application should be granted or denied or revoked...'') APTS/PBS Comments at 22-23. This number is increasing as stations complete construction of their post-transition facilities and file for licenses
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- maintained that the Commission should find good cause to accept the application amendment or, alternatively, to waive the July 19, 2001, deadline for filing point supplements. We disagree. As the Commission has stated, NCE applicants cannot amend their applications after the supplement date of July 19, 2001, except for good cause. Thereafter, applicants must update their submissions pursuant to Section 1.65 of the Rules to report changes for which they would lose points. However, to promote fairness and transparency in this comparative process, we do not permit an applicant to benefit from any changes in circumstances after the snapshot date. Accordingly, DEB's 2004 amendment is unacceptable for comparative purposes both because it was filed after July 19, 2001, and because it
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- form. The Federal Communications Commission proposes to create a new FCC Form - ``FCC Form 387: DTV Transition Status Report'' - as set forth below: The new Form will contain the following data elements [bold used]: NOTE: This Form must be filed by all full-power broadcast television stations (licensees and permittees) on or before December 1, 2007. Consistent with Section 1.65 of the rules, 47 C.F.R. 1.65(a), each Licensee/Permittee is responsible for the continuing accuracy and completeness of the information furnished in this Form. Whenever the information furnished in this Form is no longer substantially accurate and complete in all significant respects, the Licensee/Permittee shall as promptly as possible and in any event within 30 days, unless good cause is
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- 19 FCC Rcd 21232 (2004). File No. SES-T/C-20060106-00013, as amended by File No. SES-AMD-20060320-00471 (``Transfer of Control Application''). See also Letter from Peter A. Rohrbach and Karis A. Hastings, Counsel for SES GLOBAL, to Marlene H. Dortch, Secretary, Federal Communications Commission, IB Docket No. 06-23 (filed Mar. 21, 2006) (providing revised Exhibit E to File No. SES-T/C-20060106-00013 (``March 21 Section 1.65 Letter'')). Permitted List, available at http://www.fcc.gov/ib/sd/se/permitted.html. New Skies Satellites Holdings LTD, Transferor, and SES Global S.A., Transferee, Applications to Transfer Control of Authorizations Held By New Skies Networks, Inc. and Notification of Change to Permitted Space Station List, DA 06-699, IB Docket No. 06-23, 21 FCC Rcd. 3194, Public Notice (Int'l Bur. approved the transfer of control with conditions) (2006).
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- the Commission concerning the status of their joint venture activities and later documents cited by C3SR, a presentation to the joint venture board and several ``white papers'' discussing potential means of distributing interoperable receivers. As C3SR acknowledges, there is a time lag between the documents, and in any event we are not persuaded that Applicants had a duty under Section 1.65 of the Commission's rules to disclose an internal presentation or ``white papers'' prepared by the joint venture that did not reflect the companies' actual business plans or conclusions. C3SR urges the Commission to bring the documents in question to the attention the Department of Justice, the antitrust enforcement authority, arguing that they warrant antitrust investigation under Section 1 of the
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- CMP must be divested prior to, or simultaneously with, the transfer of control of CCC. 47 C.F.R. 73.3555 Note 4 and Ownership Report and Order, 18 FCC Rcd at 13809-12. There is an exception for transfers by or to an ``eligible entity,'' but that exception does not apply in this case. CCC amended the Trust Applications, pursuant to Section 1.65 of the Rules, to reflect the stations listed in Appendix B. CCC has been actively seeking to sell various stations (including its broadcast television stations) prior to consummation of the transfer of control. To the extent that such sales have not been consummated as of the date on which this Order is adopted, the stations listed in Appendix C must
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- equivalent of hearsay and cannot act as a substitute for affidavits based on personal knowledge that are required to substantiate serious allegations. Furthermore, BSR's generic and unsupported allegation of ``critical harm done to the point process'' does not contain adequate and specific factual allegations sufficient to warrant further inquiry into Zion's captioned application. 25. BSR adds that pursuant to Section 1.65 of the Rules, Zion should have reported to the Commission its alleged relocation plans. All Commission applicants are responsible for the continuing accuracy of their applications, and therefore, must amend pending applications whenever the information furnished is no longer substantially accurate and complete. Information generally must be reported within 30 days of the change. Because BSR has not provided probative
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- to the Commission all Commission determinations of rule violations by the station to enable determination of whether the violations preclude renewal under 47 U.S.C. 309(k). The Rules impose an affirmative obligation on licensees, permittees and applicants to affirmatively report certain information to the Commission, even if that information relates to other proceedings before the agency. See 47 C.F.R. 1.65(a) (``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application.''); 47 C.F.R. 1.65(c) (``All broadcast permittees and licensees must report annually to the Commission any adverse finding or adverse final action taken by any court or administrative body that involves conduct bearing on the licensee's
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- to re-allot channel 264C from Wallace, Idaho, to Bigfork, Montana. A March 8, 2002, BBI objection contended that the captioned application was untimely, i.e., not filed within 90 days of the effective date of the Report and Order, and proposed the use of an unauthorized channel. On June 4, 2002, BBI submitted a ``Further Objection'' alleging that Anderson violated Section 1.65 of the Rules by failing to inform the Commission that its proposed antenna site was ``no longer suitable or desirable.'' On June 25, 2002, Anderson submitted an engineering amendment proposing full Class C facilities at a different antenna location and a greater antenna height above average terrain. 3. In an August 22, 2002, letter decision, the staff denied BBI's March
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- Stereo Broadcasters, Inc. v. FCC, 652 F.2d 1026, 1027 (D.C. Cir. 1981), citing, Northland Television, Inc., 42 RR 2d 1107, 1110 (1978). See also Northwestern Indiana Broadcasting Corp., 60 FCC 2d 205, 209-10 (1976). 22 FCC 2d 515 (1970). Id. at 516. LaRose v. FCC, 494 F.2d 1145, 1147 n.2 (D.C. Cir. 1974). Id. at 1149. Id at.1148 n.4. Rule 1.65, 47 C.F.R. 1.65, requires that applicants report substantial and significant changes in information furnished to the Commission. Pursuant to that rule, the Applicants reported Mr. James's death, indicated this would necessitate the filing involuntary transfer of control application, but did not address any change the status of either Barbara James-Petersen or Asta James. Letter, dated October 19, 2006, from
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- 13.22 481.59 42.48 Daggett 938 350 $15,511 $30,833 $44,963 7.9 1.34 50.17 100.00 Duchesne 16,861 5,372 $12,326 $31,298 $51,616 12.4 5.21 165.91 78.96 Emery 10,510 3,359 $14,243 $39,850 $48,569 12 2.36 75.45 100.00 Garfield 4,658 1,562 $13,439 $35,180 $43,312 10.9 0.90 30.19 100.00 Grand 9,589 3,893 $17,356 $32,387 $38,540 14.2 2.60 105.75 28.11 Kane 6,577 2,432 $15,455 $34,247 $45,337 10 1.65 60.93 68.83 Millard 12,082 3,755 $13,408 $36,178 $46,823 12.7 1.83 56.98 75.85 Piute 1,404 492 $12,697 $29,625 $36,139 16.7 1.85 64.94 100.00 Rich 2,205 734 $16,267 $39,766 $53,159 9 2.14 71.39 100.00 San Juan 15,055 4,292 $10,229 $28,137 $38,827 28.1 1.93 54.88 82.90 Uintah 29,885 9,628 $13,571 $34,518 $57,769 10.1 6.68 215.04 53.09 Wayne 2,589 933 $15,392 $32,000 $40,524 13
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- other grounds, 7 FCC Rcd 6564 (1992) (``Character Policy Statement''). See Character Policy Statement, 5 FCC Rcd at 3252 4. Id. Contemporary Media, Inc. v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000), cert. denied, 532 U.S. 920 (2001); see also 47 C.F.R. 1.17 (requiring truthful and accurate statements in all statements to the Commission); 47 C.F.R. 1.65 (setting forth deadlines for revising or amending pending FCC applications if such applications are no longer substantially accurate or complete or there has been a substantial change as to any other matter of decisional significance). Character Policy Statement, 102 FCC 2d at 1210-11 60. See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983). Id. ``[T]he fact
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- NENA, to Marlene Dortch, Secretary, FCC, filed Oct. 17, 2008. Id. Letter from Robert M. Gurss, Regulatory Counsel, APCO, and Brian Fontes, CEO, NENA, to Marlene Dortch, Secretary, FCC, filed Sept. 15, 2010 at 1. See e.g. SouthernLINC Reply Comments to Bureau Public Notice at 15-16; SouthernLINC Reply Comments to Second Bureau Public Notice at 7. Cf. 47 C.F.R. 1.65 (requiring applicants to furnish additional or corrected information within thirty days). Intrado suggests that indoor calls not be treated separately from the location accuracy standards that we adopt here. See Intrado Comments to Bureau Public Notice at 1-2 (asserting that, for example, ``distinctions such as `outdoor use case' [and] `indoor use case' . . . . should not be as
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- The authority citation for part 1 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), and 309. 2. Section 1.767 is amended by amending note to paragraph (a)(10). (a) **** for any affected coastal state(s) that lists this type of application in its NOAA-approved coastal management program and shall be updated pursuant to section 1.65 of the Commission's rules, 47 C.F.R. 1.65, to include any subsequently required consistency certification with respect to any state that has received NOAA approval to review the application as an unlisted federal license activity. Upon documentation from the applicant-or notification from each coastal state entitled to review the license application for consistency with a federally approved coastal management program-that
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- required consistency certification(s). Applicants may also consult the Office of Ocean and Coastal Management (OCRM) within NOAA for guidance. The cable landing license application filed with the Commission shall include any consistency certification required by section 1456(c)(3)(A) for any affected coastal state(s) that lists this type ofapplication in its NOAA-approved coastal management program and shall be updated pursuant to section 1.65 of the Commission's rules, 47 C.F.R. 1.65, to include any subsequently required consistency certification with respect to any state that has received NOAA approval to review the application as an unlisted federal license activity. Upon documentation from the applicant-or notification from each coastal state entitled to review the license application for consistency with a federally approved coastal management program-that
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- in many contexts, legal and economic, we recognize that using it to describe the prohibitions of this section may cause confusion. Accordingly, we amend the heading of section 1.2105(c) to read ``Prohibition of certain communications.'' This amendment makes no change to the substance of the rule, or to its interpretation or application. Modifying Applications to Participate in Commission Auctions Section 1.65(a) of the rules currently obligates an applicant to maintain the accuracy and completeness of information furnished in any application pending before the Commission and to notify the Commission ``as promptly as possible and in any event within 30 days'' of any substantial change that may be of decisional significance to that application. Failure to comply exposes an applicant to dismissal
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- Section 1.2105(c) 3. Subject to specific exceptions, section 1.2105(c) ofthe Commission's rules prohibits applicants3from cooperating or collaborating with respect to, discussing with certain other applicants, or disclosing to such other applicants, the substance of any applicant's bids or bidding strategies, or discussing ornegotiating settlement agreements.4The rule's prohibitions begin at the deadline for filing 147 C.F.R. 1.2105(c). 247 C.F.R. 1.65(a), 1.2105(b). 3Section 1.2105(c) defines "applicant" for purposes of the rule to include various parties, including holders of ownership interests amounting to 10 percent or more of the entity submitting the application to participate in the auction. See47 C.F.R. 1.2105(c)(7)(i). 447 C.F.R. 1.2105(c)(1)-(4). 521 Federal Communications Commission FCC 10-4 short-form applications5to participate in an auction and end at the
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- See AMTS Consortium, LLC, Order on Reconsideration, 22 FCC Rcd 1597, 1597 4 (WTB MD 2007) (Order on Reconsideration). Id. at 1597 5. Id. at 1598 5. On May 14, 2007, PSI supplemented its Application for Review to seek access to an amended version of the Agreement that ACL and NUSCO had subsequently filed pursuant to Section 1.65(a) of the Commission's Rules, 47 C.F.R. 1.65(a) (applicants are responsible for the continuing accuracy and completeness of an application until it is no longer subject to Commission or judicial review). See Letter dated Apr. 17, 2007 from Martin W. Bercovici to Marlene H. Dortch, Office of the Secretary, Federal Communications Commission. Because the parties requested confidential treatment of the
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- the standing issue would not afford PSI any actual relief in this matter. We therefore affirm the Division's decision on this issue. 16Id.at 1597 5. 17Id.at 1598 5. 18On May 14, 2007, PSI supplemented its Application for Review to seek access to an amended version of the Agreement that ACL and NUSCO had subsequently filed pursuant to Section 1.65(a) of the Commission's Rules, 47 C.F.R. 1.65(a) (applicants are responsible for the continuing accuracy and completeness of an application until it is no longer subject to Commission or judicial review). See Letter dated Apr. 17, 2007 from Martin W. Bercovici to Marlene H. Dortch, Office of the Secretary, Federal Communications Commission. Because the parties requested confidential treatment of the
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- C.F.R. 73.3526(e)(16). A citizen agreement is any written agreement that licensees make with local viewers or listeners, that addresses programming, employment, or other issues of community concern. The station must keep these agreements in the public file for as long as they are in effect. See ``The Public and Broadcasting,'' available at http://transition.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html#_ Toc202587580. See also 47 C.F.R. 1.65 (making applicants responsible for the continuing accuracy and completeness of information furnished in a pending application.) The Commission will also need to create a disposition schedule for retaining documents with the National Archives and Records Administration. See Joint Broadcasters Petition at 11-13; NAB Opposition at 8. Petitioners did not propose, nor do we have, a workable mechanism for enacting and
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- the continuing accuracy of their applications, and therefore, must amend pending applications whenever the information furnished is no longer substantially accurate and complete. NCE applicants must report ``substantial and significant'' changes, including changes with the potential to reduce their comparative positions under the point system. Information generally must be reported within 30 days of the change. See 47 C.F.R. 1.65. [Although we find no evidence that Hammock and NUUF intentionally concealed information or had any motive to do so, we remind the applicants of their obligation under Section 1.65 of the Rules to update their applications to report any significant changes, including any points or tie-breaker factors for which they may no longer qualify due to changed circumstances. See David
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- claim of two diversity points, AWC nevertheless would have prevailed because CEBM's claimed total of two points would not exceed AWC's three-point total. Emerson's proposal to provide an aggregated first and second NCE service to a population of 121,055 exceeded by at least 5,000 people that of the next best proposal. See 47 C.F.R. 73.3522(b). Id.; 47 C.F.R. 1.65(a). See Media Bureau Provides Guidance to NCE FM Stations Regarding Television Channel 6 Protection Requirements, 24 FCC Rcd 3916 (2009). See Media Bureau Establishes October 29, 2009, Initial Filing Date for Acceptance of Certain Noncommercial Educational FM Station Minor Change Applications, Public Notice, 24 FCC Rcd 12598 (2009). See John Joseph McVeigh, Letter, Ref, 1800B3-SS (MB rel. Apr. 6, 2010)
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- Accordingly, we conclude that a waiver of the satellite cut-off rule is warranted. With respect to LQP's concerns about Constellation's alleged reporting violations, it is not clear from the record that such a violation occurred for anything other than a very short period of time. In any event, we also affirm the Bureau's conclusion that whatever technical violations of Section 1.65 of our Rules may have occurred, those violations do not warrant Constellation's disqualification. C. Miscellaneous Issues 34. In their filings, AMSC and MCHI raise issues concerning the "two-tiered" processing mechanism adopted for the Big LEOs. We have separately addressed these issues in the Big LEO Rules Reconsideration Order. AMSC's petitions for reconsideration and MCHTs request for clarification are, therefore, moot.
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- 1999 Released: December 13, 1999 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (a) a Notice of Apparent Liability for Forfeiture, 13 FCC Rcd 8305 (1998) ("NAL"), in which the Commission found Western PCS BTA I Corporation ("Western") apparently liable for a forfeiture in the amount of $1,200,000 for having apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules; (b) a Response to the NAL filed by Western on April 15, 1998; (c) an Erratum and Supplement to the Response to the NAL filed by Western on April 17, 1998; and (d) a Supplement to Response to NAL filed by Western on September 11, 1998. For the reasons explained herein, we conclude that evidence in
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- investigation concerning: 1) potential violations of certain sections of the Communications Act dealing with the terms under which the Bell Companies may provide long distance service (i.e., sections 271 and 272); 2) potential violations of a Commission rule that requires FCC license applicants to notify the Commission of changes in information provided during a license application proceeding (i.e., 47 C.F.R. 1.65); and 3) possibly inaccurate statements made to the Commission by SBC employees. In addition to SBC's $1.3 million payment, highlights of the Consent Decree include the following: * SBC's adoption of a comprehensive compliance plan designed to ensure future compliance with sections 271 and 272 in the context of mergers; and * SBC's creation of a training program on the
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- 184. BOCs are required under our rules to maintain "the continuing accuracy and completeness of information" furnished to the Commission. See Application by Ameritech Michigan Pursuant to Section 271 of the Communications Act of 1934, as amended, to Provide In-Region, InterLATA Services in Michigan, CC Docket No. 97-1, Order, 12 FCC Rcd 3309, 3323 (1997) (Ameritech Order) (citing 47 C.F.R. 1.65(a) (stating that it is essential that our decision on a section 271 application be based on an accurate current record). See December 6th Public Notice. 185. SBC Application, Appendix-Volume I, Tab 18 at 7, para. 13. 186. As CPI observes, SBC did not provide the Commission with the full list of carriers that initiated the 45 requests, nor information about
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- Communications Inc. (``SBC'') hereby enter this Consent Decree for the purpose of terminating an investigation by the Commission into: (1) potential violations of sections 271 and 272 of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. 271, 272 (``section 271'' and ``section 272''), and the Commission's rules and regulations implementing these provisions; (2) potential violations of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; and (3) possibly inaccurate statements made to the Commission by SBC employees. II. Background 2. On January 4, 1998, SBC and Southern New England Telecommunications Corporation (``SNET'') agreed to a plan of merger under which SNET would become a wholly owned, first-tier subsidiary of SBC. On February 20, 1998, SBC and SNET
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- In the Matter of ) ) SBC Communications Inc. ) ) ORDER Adopted: June 28, 1999: Released: June 28, 1999: By the Commission: 1. The Commission has been conducting an informal investigation into potential violations by SBC Communications Inc. (SBC) of sections 271 and 272 of the Communications Act of 1934, as amended, 47 U.S.C. 271, 272, and of section 1.65 of the Commission's rules, 47 C.F.R. 1.65, as well as possibly inaccurate statements made to the Commission by SBC employees. 2. The Commission and SBC have negotiated the terms of a Consent Decree that would terminate the Commission's informal investigation. A copy of the Consent Decree is attached hereto. 3. We have reviewed the terms of the Consent Decree and
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- cuts. See Bell Atlantic Dowell/Canny Reply Decl. Attach. B at 47. In June, competing carriers reported troubles within 7 days for 1.28 percent of the loops installed by Bell Atlantic, and retail customers reported troubles with 2.85 percent of installed loops. Bell Atlantic Dowell/Canny Decl. Attach. D at 80 (metric PR-6-02 - Loop for June 1999). July data indicate that 1.65 percent of loops installed for competing carriers received trouble reports, and 2.90 percent of Bell Atlantic retail loops had reported troubles. Id. at 92 (metric PR-6-02 - Loop for July 1999). In August, competing carriers reported troubles within 7 days for 1.57 percent of the loops installed by Bell Atlantic, and retail customers reported troubles with 2.92 percent of installed
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- the Commission did find that SBC appears to be liable for other apparent violations. Specifically, the Commission found that: 1. SBC appears to have violated section 1.17 of the Commission's Rules by intentionally misrepresenting information to the Enforcement Bureau during the investigation. The Commission proposed a fine of $120,000 for this apparent violation. 2. SBC appears to have violated section 1.65 of the Commission's Rules when it failed to notify the Commission in a timely manner that the information in the affidavits was inaccurate. For this, the Commission proposed a $1.2 million fine. 3. SBC appears to have failed to comply with the terms of an SBC Consent Decree that resolved a 1999 Commission investigation into allegations that SBC employees had
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- has supplied to the Commission during the course of this investigation, we find that SBC is apparently liable for a forfeiture for: (1) apparently failing to notify the Commission within 30 days that information contained in its section 271 application for Kansas and Oklahoma was no longer substantially accurate or complete in all significant respects, in apparent violation of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; (2) apparently making a misrepresentation or a willful material omission bearing on a matter within the jurisdiction of the Commission in a written statement submitted by SBC in connection with the investigation into the filing of the incorrect affidavits in the Kansas/Oklahoma section 271 proceeding, in apparent violation of section 1.17 of
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- 1998 Amendment.) SkyBridge proposes several changes and clarifications to the SkyBridge application, as amended by the 1997 Amendment. SkyBridge, among other things, proposes to change the number of satellites in its system from sixty-four to eighty, revises its link budgets, revises frequency usage requirements and states it requires at least 2 GHz of contiguous spectrum for downlinks and at least 1.65 GHz for uplinks. SkyBridge also submitted a series of simulations that SkyBridge claims demonstrates its amended system's ability to meet the relevant provisional power limits adopted at the WRC-97. Teledesic File No.: SAT-LOA-19990108-0005 Teledesic has filed an application for authority to construct, launch, and operate a global constellation of NGSO FSS satellites. Teledesic's proposed system, to be known as the
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- an amendment to delete any such licenses from this docket in the event that any of these transactions is consummated before the disposition of the applications in this docket. If, before the initial disposition in this docket, VoiceStream or Powertel files additional applications seeking consent to acquire additional licenses that the Applicants intend will ultimately be controlled by DT, Section 1.65 of the Commission's Rules requires the prompt filing of an amendment in this docket to report the additional applications and the relevant parties' request with respect to ultimate control of those licenses. We will treat any such amendments as minor. Furthermore, if any applications involving VoiceStream or Powertel remain pending when the contemplated mergers with DT are consummated, we will
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- function of the parameter v that is related to the path clearance over the obstacle. The total diffraction loss, A(v,D), in dB, is the sum of three parts - A(v,0), A(0,D), and U(v,D). The equations to calculate the total and the three parts are given below: A(v,D) = A(v,0) + A(0,D) + U(v,D) (23) A(v,0) = 6.02 + 9.0v + 1.65v2 for -0.8 # v # 0 (24) A(v,0) = 6.02 + 9.11v + 1.27v2 for 0 # v # 2.4 (25) A(v,0) = 12.593 + 20log10 (v) for v > 2.4 (26) A(v,0) = 6.02 + 5.556D + 3.148D2 + 0.256D3 (27) U(v,D) = 11.45vD + 2.19(vD)2 - 0.206(vD)3 - 6.02 for vD # 3 (28) U(v,D) = 13.47vD +
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- the applicant's public inspection file pursuant to 47 C.F.R. Section 73.3526. F. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications 3 will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H. This application requires applicants to certify compliance with many statutory and
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- (see File No. BRET-940401LU), nor does the assignor's portion of FCC Form 314, on which the pending WQEX(TV) assignment application was filed, make any inquiry regarding the nature and extent of the assignor's program service. Because WQED was not required to disclose its programming decisions in connection with the assignment application, we disagree with Alliance that WQED somehow violated Section 1.65 of the rules, which requires an applicant to promptly inform the Commission of any significant changes that may be of decisional significance in the consideration of its application. 47 C.F.R. 1.65. Moreover, the simulcasting issue was fully briefed by both parties before simulcasting commenced, and WQED informed the Commission in connection with the 1996 dereservation proceeding that it was
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- now arise only every eight years. However, in view of our decision to continue our policy of generally deferring action on individual discrimination complaints pending final action by the EEOC or a court, we see no reason to require that broadcasters contemporaneously notify the Commission of the filing of discrimination complaints. We note, moreover, that broadcasters are required under Section 1.65(c) of the Commission's Rules to report any adverse findings or adverse final actions involving discrimination complaints on an annual basis. Thus, the Commission will not have to wait until a broadcaster files for renewal of its license to learn of an adverse finding or adverse final action on a discrimination complaint. We requested comment in the NPRM on a proposal
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- therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of a Section 73.7002
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- in a tie breaker. However, points can be lost through changes that detract from the original proposal. Our rules require applicants to inform us of material changes in their applications after the time of filing, which, in the context of a point system, will include all changes that negatively affect its claimed points and tie breaker position. 47 C.F.R. 1.65. A future applicant's maximum points and its standing in a tie breaker can thus go down, but not up as a result of changes made after filing. For example, if an applicant loses its transmitter site and amends its application in a way that results in lost points, the applicant will only be allowed to claim the amended points. In
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- in a tie breaker. However, points can be lost through changes that detract from the original proposal. Our rules require applicants to inform us of material changes in their applications after the time of filing, which, in the context of a point system, will include all changes that negatively affect its claimed points and tie breaker position. 47 C.F.R. 1.65. A future applicant's maximum points and its standing in a tie breaker can thus go down, but not up as a result of changes made after filing. For example, if an applicant loses its transmitter site and amends its application in a way that results in lost points, the applicant will only be allowed to claim the amended points. In
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- Rules, which are set forth in Title 47 of the Code of Federal Regulations. D.Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. E.In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. F. A copy of the completed application and all related exhibits shall
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- Technical Data Schedules F through J Consummation of Transfer of Control may be required to describe completion of site-by-site construction requirements. General Filing Instructions Information Current and Complete Information filed with the FCC must be kept current and complete. The applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the application(s). See Section 1.65 of the Commission's rules. Applicable Rules and Regulations Applicants should obtain the relevant parts of the FCC's rules in 47 CFR. Copies of 47 CFR may be purchased from the Superintendent of Documents; Government Printing Office; Washington, DC 20402; (202) 512-1800. Refer also to the Government Printing Office's Website at http://www.access.gpo.gov. Some FCC rules require applicants to attach one or
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- all material terms must be disclosed whether in writing or not; if there is no agreement in principle by the short-form filing deadline, prohibited communications must cease). In addition, we note that applicants in Commission spectrum auctions are also under an affirmative obligation to maintain their short-form applications substantially accurate and complete in all significant respects. See 47 C.F.R. 1.65(a). Thus, applicants entering into contracts after the short form filing deadline would be obligated to amend their applications appropriately. See 47 C.F.R. 1.2105(b)(2)(applications may be amended to make minor changes). . 700 MHz MO&O and FNPRM 104. See, e.g., Sinclair Comments at 4 (proposal to adopt different technical standard for DTV transmissions); Dielectric Reply at 3 (asserting that
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- for WorkGroups 3.11 or Windows 95 * Microsoft Excel v5.0 or later * 8MB of available hard disk space * 16MB of RAM and a Pentium based processor are highly recommended Amendments to FCC Form 175s. Applicants are responsible for the continuing accuracy and completeness of information furnished in their FCC Form 175 and its exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Kathleen O'Brien Ham Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Washington, D.C. 20554 with
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- aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.918, 101.35(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. Eastern Time on Thursday, April 9, 1998, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104(g)(2), 101.1103(f ). Number of Forms To Be
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- these applicants need take no further action except as may be necessary to maintain the accuracy of their applications.2 Also, applicants are advised that Attachment A includes FCC account numbers that were automatically created by the FCC software system for each applicant, and which are applicable for bidding only. 1 See 47 C.F.R. 1.2106. 2 See 47 C.F.R. 1.65. 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments by 6:00 p.m. ET on Monday,
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- 6020 Customer Service Record - EDI 1.41 3.1 1.31 2.73 1.33 2.78 1.32 2.82 1.42 4.48 PO-1-01- 6030 Customer Service Record - CORBA 1.41 0.9 1.31 0.73 1.33 0.78 1.32 0.73 1.42 0.85 PO-1-01- 6050 Customer Service Record -Web GUI 1.41 2.89 1.31 2.6 1.33 2.62 1.32 2.46 1.42 2.53 PO-1-02- 6020 Due Date Availability - EDI 0.09 2.22 0.07 1.65 0.07 2.75 0.06 1.9 0.06 2.5 a,b,c,d,e PO-1-02- 6030 Due Date Availability - CORBA 0.09 NA 0.07 NA 0.07 NA 0.06 NA 0.06 0.6 PO-1-02- 6050 Due Date Availability - Web GUI 0.09 2.32 0.07 2.2 0.07 2.18 0.06 2.16 0.06 2.18 PO-1-03- 6020 Address Validation - EDI 4.34 4.84 4.07 4.65 3.85 5.42 3.67 5.1 3.85 4.81 PO-1-03- 6030
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- antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R)..." The antenna structure has been constructed, however, the FCC's Antenna Structure Registration records indicate the required construction notification has not been filed and the structure's status is listed as "granted." b. 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application...the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, amend or request the amendment of his application so as to furnish such additional or corrected information..." Pursuant to the current antenna structure registration for
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- Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854)." During the inspection, the agent observed that construction of antenna structure number 1214994 had been completed; the FCC's antenna structure registration database, however, still showed the structure's status as "granted." b. 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Except as otherwise required by rules applicable to particular types of applications, whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as
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- Phase II service within six months of a valid request by a designated Public Safety Answering Point or by October 1, 2001, whichever is later, without requesting a waiver and after telling the Commission that it did not need such a waiver. For this apparent violation, the Commission proposes a $500,000 fine. 3. AT&T Wireless appears to have violated Section 1.65 of the Commission's Rules by failing to notify the Commission within 30 days that information in its E911 waiver request was no longer substantially accurate and complete. Specifically, AT&T Wireless never informed the Commission that, contrary to statements in connection with its pending waiver request, it had in fact begun deploying its GSM network without location-capable handsets. In addition, AT&T
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- this investigation, the Commission issued a Notice of Apparent Liability (NAL) on May 20, 2002. The NAL cited AT&T Wireless for apparent violations of the E911 Phase II rules (Section 20.18 of the Commission's Rules) and for failing to notify the Commission within 30 days that information in its E911 waiver request was no longer substantially accurate and complete (Section 1.65 of the Commission's Rules). The consent decree resolves the apparent violations addressed in the NAL, as well as other issues related to AT&T Wireless's deployment of E911 technology in its GSM network. Action by the Commission on October 8, 2002 by Order [6](FCC 02-283). Chairman Powell, Commissioners Abernathy, Copps and Martin. - FCC - Enforcement Bureau Contacts: John Winston at
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- the Commission did find that SBC appears to be liable for other apparent violations. Specifically, the Commission found that: 1. SBC appears to have violated section 1.17 of the Commission's Rules by intentionally misrepresenting information to the Enforcement Bureau during the investigation. The Commission proposed a fine of $120,000 for this apparent violation. 2. SBC appears to have violated section 1.65 of the Commission's Rules when it failed to notify the Commission in a timely manner that the information in the affidavits was inaccurate. For this, the Commission proposed a $1.2 million fine. 3. SBC appears to have failed to comply with the terms of an SBC Consent Decree that resolved a 1999 Commission investigation into allegations that SBC employees had
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- has supplied to the Commission during the course of this investigation, we find that SBC is apparently liable for a forfeiture for: (1) apparently failing to notify the Commission within 30 days that information contained in its section 271 application for Kansas and Oklahoma was no longer substantially accurate or complete in all significant respects, in apparent violation of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; (2) apparently making a misrepresentation or a willful material omission bearing on a matter within the jurisdiction of the Commission in a written statement submitted by SBC in connection with the investigation into the filing of the incorrect affidavits in the Kansas/Oklahoma section 271 proceeding, in apparent violation of section 1.17 of the
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- (``PSAP'') or by October 1, 2001, whichever is later, in willful and repeated violation of Section 20.18(g)(2) of the Rules, again without even requesting a waiver;3 (3) failed to notify the Commission within 30 days that information contained in its E911 waiver request was no longer substantially accurate or complete in all respects, in willful and repeated violation of Section 1.65 of the Rules;4 and (4) failed to make a supplementary filing notifying the Commission that it was not going to comply with the deployment schedule requirements set forth in the E911 rules in willful and repeated violation of the Commission order granting it a waiver of the E911 rules for its GSM network. For the reasons discussed below, we find
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- ) FRN Nos. 0004-3051- 24 SBC Communications, Inc. ) 0004- 3335-71 ) 0005-1937- 01 ORDER Adopted: May 22, 2002 Released: May 28, 2002 By the Commission: 1. The Commission has been conducting two investigations into potential violations by SBC Communications, Inc. (``SBC'') of sections 251 and 271 of the Communications Act of 1934, as amended (``the Act''),1 sections 1.17 and 1.65 of the Commission's Rules,2 and the requirements of the SBC/SNET Consent Decree.3 These investigations focused on competitors' access to SBC's operations support systems (``OSS'') and information SBC provided to the Commission as part of its section 271 applications.4 The Commission and SBC have negotiated the terms of a Consent Decree that will terminate these investigations. A copy of the Consent
- http://transition.fcc.gov/eb/Orders/2002/FCC-02-283A1.html
- NAL/Acct. No. 200232100002 ) FRN 0003-7665-32 ORDER Adopted: October 8, 2002 Released: October 9, 2002 By the Commission: 1. In this Order, we adopt a Consent Decree terminating the above-captioned proceeding1 regarding possible violations by AT&T Wireless Services, Inc. (``AT&T Wireless'') of the enhanced 911 (``E911'') Phase II provisions of Section 20.18 of the Commission's Rules (``Rules''),2 Sections 1.17 and 1.65 of the Rules,3 and the supplemental filing requirement set forth in the Commission order granting AT&T Wireless a waiver of the E911 Phase II rules for its Global System for Mobile Communications/General Packet Radio Service network.4 2. The Commission and AT&T Wireless have negotiated the terms of a Consent Decree that would resolve this matter and terminate the above-captioned proceeding.
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- train its employees regarding compliance with the technical requirements of Part 18 of the FCC's Rules in the design and manufacture of ultrasonic devices; (b) train its employees regarding compliance with Part 2 of the FCC's Rules regarding the sale, marketing, and distribution of ultrasonic devices; (c) train its employees regarding compliance with the obligation pursuant to Sections 1.17 and 1.65 of the FCC's Rules to ensure and maintain the accuracy and completeness of any materials or information provided to the FCC; and (d) train its employees regarding the requirements of the Consent Decree. 4. Disciplinary Action If, after an internal investigation and based upon a preponderance of the evidence, Blackstone~NEY concludes that one of its employees has intentionally made any
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- (``US West''). In that case, US West, an auction participant, disclosed and discussed its bidding strategy to, and cooperated with, a competing auction participant during the auction, and failed to timely notify the Commission of the prohibited disclosure, discussion and arrangement. As a consequence, the Commission imposed a $1,200,000 forfeiture against US West for its violations of sections 1.2105(c) and 1.65 of the Commission's rules. 43 Response at 7. 44 Response at 9-10. 45 Id. at 8. 46 47 U.S.C. 312(f)(1). 47 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). 48 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991). 49 Id. at 10. 50 As described in
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- be and to remain a Commission licensee; 3. to determine whether CRS made misrepresentations and/or lacked candor and/or violated Section 1.17 of the Commission's rules regarding the felony convictions of Mr. Doty in any applications filed with the Commission; 4. to determine whether CRS failed to timely amend Commission applications to disclose Mr. Doty's felony convictions, in violation of Section 1.65 of the Commission's rules; 5. to determine whether CRS made false certifications in any applications filed with the Commission; 6. to determine, in light of the evidence adduced pursuant to the foregoing issues, whether Mr. Doty is qualified to be and to remain a Commission licensee; 7. to determine, in light of the evidence adduced pursuant to the foregoing issues,
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- ) Order Adopted: April 11, 2007 Released: April 13, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Venture Technologies Group, LLC ("VTG"). The Consent Decree terminates an investigation by the Bureau concerning (1) VTG's possible false certifications and violations of the requirements of Sections 1.65 of the Commission's rules in connection with its applications for licenses to cover the construction permits for the above-captioned deleted low power television stations, and (2) possible violations of Section 74.763(b) of the Commission's rules in connection with the operation of those stations. 2. The Bureau and VTG have negotiated the terms of the Consent Decree that resolves this matter.
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- be and remain Commission licensees. A. Failure to File Required Forms or Information 46. Under Commission precedent and Sections 4(i), 4(j), 218, 308, and 403 of the Communications Act of 1934, as amended, failure to respond appropriately to a Bureau letter of inquiry constitutes a violation of the Commission's Rules, potentially subjecting the party doing so to serious sanctions. Section 1.65 of the Commission's Rules requires applicants to file substantial and significant changes in information furnished by applicants to the Commission within 30 days of such changes. 47. The record indicates that PAI may have failed to update the Commission regarding substantial and significant changes in information it furnished as a part of its pending construction Waiver Request. In its Waiver
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- TELEPHONE COMPANY, INC. ) NAL/Acct. No.: 201232080004 Participant in Auction No. 86 ) FRN: 0005209374 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 14, 2011 Released: October 14, 2011 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Vermont Telephone Company, Inc. ("VTel"), apparently violated sections 1.17 and 1.65 of the Commission's rules ("Rules") by willfully and repeatedly failing to submit accurate revenue information to the Commission and by failing to maintain the continuing accuracy of its application in connection with its participation in Auction No. 86. Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that VTel
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- the violations were due to its employees' lapses and misunderstandings). We note that all applicants for common carrier fixed point-to-point microwave station licenses must certify that "all statements made in th[e] applications and in the exhibits, attachments, or documents incorporated by reference...are true, complete, correct, and made in good faith." See Form 601; General Certification Statements. Furthermore, pursuant to section 1.65 of the Rules, applicants for Commission licenses are "responsible for the continuing accuracy and completeness of information furnished in a pending application." 47 C.F.R. S: 1.65(a). Rather than providing complete and accurate information, the dates provided by Cricket in its filings led the Commission to believe that the company did not construct or operate until two months after WTB granted
- http://transition.fcc.gov/eb/Orders/2011/DA-11-60A1.html
- AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. 2. The Bureau and AST have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts
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- Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922, 5940 P: 40 (2008). See id. at 5941 P: 49. See id. See FCC Form 303-S (eff. March 2011) (a copy of which is available from the FCC's website), available at http://www.fcc.gov/Forms/Form303-S/303s.pdf. See 47 U.S.C. S: 309(k). See 47 C.F.R. S: 1.17. See 47 C.F.R. S: 1.65 (applicants have a continuing obligation to advise the FCC, through amendments, of any substantial and material changes in the information furnished in this application). Page 2 of 2 PUBLIC NOTICE Page 1of 2 PUBLIC NOTICE FCC ENFORCEMENT ADVISORY Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 News Media
- http://transition.fcc.gov/pshs/techtopics/techtopics17.html
- power in Watts, or in dBm, a decibel power corresponding to an average transmit power in milliwatts. The antenna gains and cabling losses are reflected in dBi corresponding to the isotropic antenna as opposed to dBd for half-wave dipole antennas. If dBd were used instead, there would be a difference (less) of 2.15 dB since there is a gain of 1.65 (power ratio) when comparing isotropic antennas to half-wave dipole antennas. A dipole antenna has a gain of 1.65 (2.15 dB) above an isotropic. To complete the thought, the product of P[t]G[t] represents the average transmit power times the antenna gain and is referred to as isotropic if the antenna is considered a point source (such that all relationships are considered
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- the partnership. A signed and dated copy of the partnership agreement must be included in the application. (b) Each application for a broadband PCS license must: (1) Submit the information required by the Commission's Rules, requests and application forms; (2) Be maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of 1.65 of this chapter; (3) Show compliance with and make all special showings that may be applicable; (c) Where documents, exhibits, or other lengthy showings already on file with the Commission contain information which is required by an application form, the application may specifically refer to such information, if: (1) The information previously filed is over one A4 (21 cm x
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- Bidders who are inattentive to these stage transitions may inadvertently lose either activity rule waivers or, if waivers are exhausted, activity units. Minor Amendments to FCC Form 175s. There appears to be an inconsistency in our rules concerning the time in which bidders are required to amend their FCC Form 175s to reflect changes in ownership. Compare, 47 C.F.R 1.65(a) (amendments to applications must be made within 30 days) with Fourth Memorandum Opinion and Order in PP Docket 93-253, FCC 94-264 (Rel. October 19, 1994) at 56 (amendments to FCC Form 175 must be filed with the Commission within two business days of such change). It is the staff's view that amendments should be made within a reasonable period
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- no identifiable predecessor-in-interest, unaudited financial statements certified by the applicant as accurate.6 (g) Total assets. Total assets shall mean the book value (except where generally accepted accounting principles (GAAP) require market valuation) of the property See 47 C.F.R. 24.720(g). 7 See, e.g., Covington & Burling Request at 1; BC&D Partners II, LLC Request at 1. 8 See 47 C.F.R. 1.65. 9 See 47 C.F.R. 24.813(a)(1); Fourth Memorandum Opinion and Order, PP Docket 93-253, 10 9 FCC Rcd 6858, 59 Fed. Reg. 53,364 (October 24, 1994). 3 owned by an entity, whether real or personal, tangible or intangible, as evidenced by the most recent audited financial statements.7 3. Although these rules do not require applicants to file audited financial statements
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- the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 600. Incomplete or defective applications may be returned. See 47 C.F.R. 24.820. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required long-form application by Wednesday, May 22, 1996, and fails to establish good cause for any late-filed submissions shall be deemed to have defaulted and will be subject to the default payments set forth in Sections 1.2104 and 24.704 of the Commission's Rules. Applicants should be aware that all information required by the
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- and complete long-form applications. Applicants should read the instructions on the FCC Form 600 carefully and should consult the rules to ensure that all the information that is required under our regulations is included with their FCC Form 600. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. August 1, 1996 ATTACHMENT D INSTRUCTIONS FOR DOWNLOADING AND INSTALLING ELECTRONIC FILING AND APPLICATION REVIEW SOFTWARE The Commission recently implemented a remote access system which will allow applicants to submit their FCC applications electronically. FCC applications that are filed electronically using this remote access system must be submitted and confirmed by April 29, 1996. An FCC application may be submitted
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- make installment payments under the more favorable plan afforded small businesses with average gross revenues of not more than $3 million. Two Way Radio raises three principal arguments. First, Two Way Radio contends that 13 in preparing its long-form application (FCC Form 600), it realized that the information in its FCC Form 175 was incorrect and that, pursuant to Section 1.65(a) of the Commission's rules, it was obligated to ensure that its pending application remained accurate. 6. Second, Two Way Radio contends that its amendment is minor under Sections 1.1205(b)(2) and 90.164 of the Commission's rules. In support of this contention, Two Way Id. at 6. 14 Id. at 7. 15 Id. at 7. 16 Id. at 8. 17 Id. at
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- review its financial records in order to properly prepare its application.15 III. Arguments of ClearCall 5. In its Petition, ClearCall raises various arguments, some of which it previously raised in its Waiver Request. ClearCall contends that in preparing the long-form application (FCC Form 600), it realized that the information provided in its short-form was incorrect and that, pursuant to Section 1.65(a) of the Commission's rules, it was obligated to ensure that its pending application remained accurate. ClearCall notes that the corrected information resulted in its status as a designated entity changing from a small business with revenues of less than $15 million to a small Petition at 4-5. 16 Id. at 6. 17 Id. at 6-7. 18 Id. at 7. 19
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- rules; and (3) the 42-day period between announcement of the auction and the short-form filing deadline gave Two Way Radio enough time to review its financial records and prepare its application.9 5. On August 29, 1996, Two Way Radio sought reconsideration of the Division Letter. 10 In its Petition for Reconsideration, Two Way Radio argued that: (1) pursuant to Section 1.65(a) of the Commission's rules, it was obligated to ensure that its pending application remained accurate; (2) its proposed amendment was minor under Sections 1.2105(b)(2) and 90.164 of the Commission's rules because the requested change would not affect any other party; and (3) the short-form application deadline did not allow it sufficient time to accurately calculate its gross revenues. Two Way
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- rules to ensure that, aside from the materials described below, all the information that is required under our regulations is included with their FCC Form 600. Incomplete or defective applications may be returned. See 47 C.F.R. 24.820. Each applicant is responsible for the continuing accuracy and completeness of 6 information furnished in a pending application. See 47 C.F.R. 1.65. All amendments to the Form 600 applications, regardless of whether they were filed manually or electronically, will be required to be submitted manually for C block PCS. See Public Notice, ""Personal Communications Service Information - Broadband: Instructions for Filing Amendments for C Block PCS"" (rel. July 8, 1996). Amendments to applications must be mailed or delivered to: Office of the
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- Generally, at the end of each week of the auction, the FCC will announce the bidding schedule for the following week. Minor Amendments to FCC Form 175s. There appears to be an inconsistency in our rules concerning the time in which bidders are required to amend to their FCC Form 175s to reflect changes in ownership. Compare, 47 C.F.R 1.65(a) (amendments to applications must be made within 30 days) and Fourth Memorandum Opinion and Order in PP Docket 93-253, FCC 94-264 (Rel. October 19, 1994) at 56 (amendments to FCC Form 175 must be filed with the Commission within two business days of such change). It is the staff's view that amendments should be made within a reasonable period
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- Applicants should read the instructions on the FCC Form 175 carefully and should consult our rules to ensure that, aside from the materials described below, all the information that they are required to submit under our regulations is included with their FCC Form 175s. Incomplete or defective applications will be returned. 47 C.F.R. 1.12105(b), 24.820. Also, pursuant to Section 1.65 of the Commission's Rules, 47 C.F.R. 1.65, each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175. Applicants are reminded that they must certify on the FCC Form 175 that they consent to be audited. 47 C.F.R. 24.709(d). I. Information Required of All Applicants EXHIBIT A: Applicant Identity and Ownership
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- FCC Form 175 and by applicable rules, including a certifying signature on manual filings. Failure to submit required information will result in dismissal of the application and inability to participate in the auction. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the staff's position that ten business days from a reportable change is a reasonable period of time in which applicants must amend their FCC Form 175s. Applicants are reminded that Certification 6 on FCC Form 175 includes consent to be audited. See 47 C.F.R. 24.715(d)(2). B. Exhibits and Attachments In addition to FCC Form 175 itself, applicants
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- FCC Form 175 and by applicable rules, including a certifying signature on manual filings. Failure to submit required information will result in dismissal of the application and inability to participate in the auction. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the staff's position that ten business days is a reasonable period of time in which applicants must amend their FCC Form 175s. Applicants are reminded that Certification 6 on FCC Form 175 includes consent to be audited. See 47 C.F.R. 24.709((d)(2). B. Exhibits and Attachments In addition to FCC Form 175 itself, applicants must submit additional information
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- FOR FILING...........1 APPLICATION Applications classified as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by August 12, 1996, as discussed below. They need take no further action with respect to their applications except as may be necessary to keep their applications up-to-date. See 47 C.F.R. 1.65, 1.2106 and 24.706. Applications classified as incomplete are listed alphabetically in Attachment B. These applicants will become qualified bidders only if they (1) resubmit their applications by 5:30 p.m. EDT on Monday, August 12, 1996, to correct the minor deficiencies indicated, and (2) make the required upfront payments by August 12, 1996, as discussed below. They must also keep their
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- ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 600. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 24.820. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 600 application by January 30, 1997, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in Sections 1.2104 and 24.704 of the Commission's rules. Frivolous Pleadings Pursuant to 47 C.F.R. 1.52, the
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 ConsentDecree I.Introduction 1. ThisConsentDecreeisenteredintobytheFederalCommunicationsCommission ("Commission")andUSWESTCommunications,Inc.("USWEST"). II.Background 2. OnAugust26,1996,theCommissioncommenceditsBroadbandPersonal CommunicationsServicesD,E,andFblockauction.AmongtheparticipantswereUSWEST andWesternPCSBTAI,Corporation("Western"). 3. AccordingtoUSWEST,inSeptember1996,whiletheauctionwasstill underway,Mr.CoreyFord,USWESTWirelessGroup'sVicePresidentofBusinessDevelop- mentandExternalAffairs,andCreggBaumbaugh,Western'sDirectorandSeniorVicePresident forCorporateDevelopmentexchangedtelephonecommunicationsabouttheauction(the "Ford/Baumbaughcommunications").AccordingtoUSWEST,Mr.Forddidnotimmediately revealthesetelephonecommunicationstohissuperiors. 4. TheCommission'sBroadbandPersonalCommunicationsServices(PCS)D,E,and FblockauctionendedonJanuary14,1997.USWESTwasthewinningbidderfor53marketsin theauction.OnJanuary30,1997,USWESTfiledanapplicationonFCCForm600forlicenses forthe53marketsinwhichitwasthewinningbidder.OnApril28,1997,theWireless TelecommunicationsBureau("Bureau"),actingunderdelegatedauthority,conditionallygranted threePCSlicensestoUSWEST.Thegrantofthesethreelicensesbecamefinalintheordinary course.Theremaining50licensessoughtbyUSWESTwerenotimmediatelygrantedbecause theywerecollectivelythesubjectoftwopetitionstodeny.OnJune26,1997,theBureaudenied oneofthepetitionstodenyandonJune27,1997,theBureaudeniedtheotherpetition.Western filedanapplicationforreviewoftheBureau'sJune26,1997order.Theapplicationforreview affectsthedispositionof48ofthelicensessoughtbyUSWEST.OnOctober21,1998,Western filedtowithdrawthatapplicationforreview;thatfilingremainspending.Noapplicationfor revieworpetitionforreconsiderationoftheJune27,1997actionwasfiled,andthataction, involvingthegrantoftwolicenses,becameafinalactionintheordinarycourse. 5. OnJuly11,1997,accordingtoUSWEST,Western'scounselinformedUS WEST'scounselabouttheFord/Baumbaughcommunicationsinthecourseofpreparinga responsetoaCivilInvestigativeDemandfromtheUnitedStatesDepartmentofJustice.US WESThasrepresentedthatitimmediatelycommencedaninternalinvestigationofthe Ford/Baumbaughcommunications.USWESTthereafterconcludedthattheFord/Baumbaugh communicationsraisedquestionsregardingUSWEST'scompliancewiththeCommission's 2 anti-collusionrule,Section1.2105(c).OnJuly18,1997,USWESTterminatedMr.Ford's employmentandrequestedameetingwiththeCommissionstafftodiscusstheFord/Baumbaugh communications. 6. OnJuly18,1997,USWESTscheduledameetingwithCommissionstaffforJuly 22,1997.Atthismeeting,USWESTorallyrelatedtotheCommissionstafftheeventsdescribed above.Thereafter,onAugust1,1997,USWESTfiledaStatementfortheInformationofthe CommissioninAccordancewithSection1.65oftheCommission'sRules("Section1.65 Statement"),inwhichitagainrepresentedtotheCommissionthedetailsoftheFord/Baumbaugh communications.AccordingtoUSWEST,Mr.FordinitiatedtheexchangewithMr.Baum- baughwhenheleftavoice-mailmessageforMr.Baumbaughconcerningtheauction.Mr. Baumbaughrespondedbyleavingavoice-mailmessageforMr.Ford.Ultimately,thetwo companyofficialsspokebytelephonereferencingtheauction. 7. OnSeptember17,1997,inresponsetoaCommissionrequest,USWESTsigned anagreementtollingthestatuteoflimitationsforsixmonths. 8. OnNovember21,1997,theBureau'sEnforcementandConsumerInformation DivisiondirectedaletterofinquirytoUSWESTinvolvingtheFord/Baumbaughcommuni- cations,pursuanttoSection308(b)oftheCommunicationsActof1934,asamended,47U.S.C. 308(b).USWESTsubmitteditsresponsetothisletterofinquiryonDecember16,1997. 9. OnMarch16,1998,theCommissionissuedaNoticeofApparentLiabilityfor Forfeiture,13FCCRcd8286(1998)("NAL"),findingUSWESTapparentlyliablefora forfeitureinthetotalamountof$1,200,000.Specifically,theNALconcludedthatUSWEST apparentlyviolatedSection1.2105(c)oftheCommission'sRuleswhenMr.Fordapparently discussedUSWEST'sbiddingstrategyfortheOlympia,Washington,marketwithMr.Baum- baugh.TheNALproposedaforfeitureintheamountof$200,000forUSWEST'sapparent violationofSection1.2105(c).TheNALalsoconcludedthatUSWESTapparentlyviolated Section1.65oftheCommission'sRulesbyfailingtotimelyreporttheFord/Baumbaugh communications.TheNALproposedaforfeitureof$5,000foreachdayoftheapparent continuingSection1.65violation,foratotalof$l,000,000. 10. OnApril15,1998,USWESTsubmittedaresponsetotheNALinwhichit requestedareductionoftheproposed$1,200,000forfeiture.Insupport,USWESTrepresented that: (a) USWESThad,priortotheFord/Baumbaughcommunications,under- takensubstantialstepstomakeMr.Fordanditsauctionteamawareofthecontent andsubstanceofSection1.2105(c).Inconnectionwiththeauction,outside counselprovidedUSWESTwithongoingadviceandsixmemorandaregarding Section1.2105(c).ThreeofthememorandawereforwardeddirectlytoMr.Ford. 3 Mr.FordandotherauctionteammembersattendedtheFCC'sauctionseminar. Further,membersofUSWEST'sauctionteamwereprovidedwithcopiesofthe Commission'sBidderInformationPackage,whichincludedthetextofSection 1.2105(c). (b) Mr.ForddidnotdisclosetheFord/Baumbaughcommunicationstohis supervisorsduringtheauctionorduringinitialinterviewswhenUSWESTwas conductingitsinternalinvestigation. (c) USWESTterminatedMr.Ford'semploymentwithinsevendaysof learningfromWesternabouttheFord/Baumbaughcommunications,andwithin fourdaysofobtainingMr.Ford'sconfirmationofthatinformation. (d) OnJuly22,1997,USWESTvoluntarilyrevealedtheresultsofitsinternal investigationtotheCommissionstaffatameeting.Thisinformaldisclosuretook place11calendardaysafterWestern'scounselinformedUSWEST'scounsel abouttheFord/BaumbaughcommunicationsandbeforethegrantofcertainPCS licensestoUSWESTbecamefinal. (e) OnAugust1,1997,USWESTreportedtheFord/Baumbaughcommu- nicationsinaSection1.65Statement.USWESTsubmittedtheSection1.65 StatementbeforethegrantofcertainPCSlicensestoUSWESTbecamefinal. (f) USWEST'shistoryofcomplianceandmeasuresdesignedtoprevent violationoftheanti-collusionruleindicatethatMr.Ford'sconductwasanisolated
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- 16, 1998 By the Commission: I. INTRODUCTION 1. By this Order, we find US WEST Communications, Inc. ("US WEST") apparently liable for a forfeiture in the amount of $1,200,000. For the reasons stated below, we conclude that US WEST, a participant in the Commission's Broadband Personal Communications Services (PCS) D, E and F block auction, apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules, 47 C.F.R. 1.2105(c) and 1.65, by disclosing and discussing during the auction its bidding strategy to a competing auction participant, Western PCS BTA I Corporation ("Western"), for the Olympia, Washington market; cooperating with Western during the auction; and failing to timely notify the Commission of the prohibited disclosure, discussion and arrangement. II. BACKGROUND 2. US
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- March 16, 1998 By the Commission: I. INTRODUCTION 1. By this Order, we find Western PCS BTA I Corporation ("Western") apparently liable for a forfeiture in the amount of $1,200,000. For the reasons stated below, we conclude that Western, a participant in the Commission's Broadband Personal Communications Services (PCS) D, E and F block auction, apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules, 47 C.F.R. 1.2105(c) and 1.65, by discussing bidding strategy during the auction with a competing auction participant, US WEST Communications, Inc. ("US WEST") for the Olympia, Washington market; cooperating with US WEST during the auction; and failing to timely notify the Commission of the prohibited disclosure, discussion and arrangement. II. BACKGROUND 2. Western is a
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- WEST"); and (b) a proposed Consent Decree between the Commission and U S WEST. 2. The NAL found U S WEST, a participant in the Commission's Broadband Personal Communications Services D, E, and F block auction, apparently liable for a forfeiture in the total amount of $1,200,000. Specifically, the NAL concluded that U S WEST apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules as a consequence of telephone communications during the auction between a U S WEST official and an official of another auction participant, Western PCS BTA I, Corporation. 3. The Commission and U S WEST have negotiated the terms of a proposed Consent Decree that would resolve this enforcement proceeding. A copy of the proposed Consent Decree
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- FCC Form 175 and by applicable rules, including a certifying signature on manual filings. Failure to submit required information will result in dismissal of the application and inability to participate in the auction. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. B. Exhibits and Attachments In addition to completing the FCC Form 175 (short form), applicants must submit additional information required by the FCC's rules. Although we do not require a particular organization or format for this information, we have developed the following guidelines that will facilitate the processing of short-form applications. We encourage applicants filing both electronically and manually to
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- on or after the 32nd day after the end of the relevant five-year build-out period. 47 C.F.R. 22.949(b). Ninth Report and Order at 12 . 6 Id. 7 Applicants are strongly encouraged to submit their FCC Form 175 electronically, although manual filing (via hard 8 copy) will be permitted. Auction Public Notice at 2-3. See 47 C.F.R. 1.65. 9 The Bureau emphasizes that these examples are for purposes of illustration only. They are not based on any actual 10 event or occurrence, and are not intended to be all inclusive. 2 areas that may remain after the Phase I process is complete. Phase II applicants are required to 5 file an FCC Form 464-A. An applicant lists the
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- completeness and compliance with the Commission's rules, and have been classified into the following categories: ACCEPTED FOR FILING.......... 24APPLICATIONS INCOMPLETE.................... 6APPLICATIONS Applications classified as accepted for filing are listed alphabetically in Attachment A. They need take no further action with respect to their applications except as may be necessary to keep their applications up to date. See 47 C.F.R. 1.65 and 1.2106. Applications classified as incomplete are listed alphabetically in Attachment B. These applications will become acceptable for filing only if they are resubmitted by 5:30 p.m. ET on Friday, January 3, 1997, to correct the minor deficiencies indicated. Applicants must also keep their applications up to date as required. See 47 C.F.R. 1.65 and 1.2106. RESUBMISSION FILING DEADLINE
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- Commercial Wireless Division processes only FCC Form 600 applications for unserved area applications, Texas #20 Rural Cellular must also submit a fully completed FCC Form 600. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Ninth Report and Order, PP Docket No. 93-253, 61 Fed. Reg. 58,333, 34 (rel. Nov. 7, 1996). 2 2. Any Section 1.65 amendments within 30 days of the date of this Public Notice, including all amendments reflecting the full market settlement. The deadline for Petitions to Deny against the listed tentative selectee is February 10, 1997. See 47 C.F.R. 22.120(a)(4). For further information, contact: Wireless Telecommunications Bureau: Commercial Wireless: Chris White or Michael Kleeb at (202) 418-0620 Auctions: Thomas Horan at
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- rules to ensure that, aside from the materials described below, all of the information that is required under our regulations is included with their FCC Form 600. Incomplete or defective applications may be returned. See 47 C.F.R. 22.120. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Amendments to applications must be mailed or delivered to: Office of the Secretary Federal Communications Commission Room 222 1919 M Street, N.W. Washington, D.C. 20554 Attention: Wireless Telecommunications Bureau Broadband Branch Applicants should be aware that all information required by the Commission's Rules in connection with applications to participate in spectrum auctions is necessary to determine the applicants' qualifications and,
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- Applicants must submit all information required by FCC Form 175 and by applicable rules. Failure to submit required information will result in dismissal of the application and inability to participate in the auction. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the staff's position that ten business days from a reportable change is a reasonable period of time in which applicants must amend their FCC Form 175s. Applicants are reminded that Certification (6) on FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to FCC Form 175 itself, applicants must submit additional information required
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- in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment as discussed below. The upfront payment deadline is 6:00 p.m. ET, April 4, 1997. They need take no further action with respect to their FCC Form 175 applications except as may be necessary to keep their applications up to date. See 47 C.F.R. 1.65 and 1.2106. Applications classified as incomplete are listed alphabetically in Attachment B. Each application will become acceptable for filing only if the applicant (1) resubmits its FCC Form 175 by 5:30 p.m. ET on April 4, 1997, to correct the minor deficiencies indicated, and (2) makes the required upfront payment by 6:00 p.m. ET, April 4, 1997, as discussed below.
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- or Windows for WorkGroups 3.11 * Microsoft Excel v5.0 or later * 8MB of available hard disk space * 16MB of RAM and a Pentium based processor are highly recommended Minor Amendments to FCC Form 175s. Applicants are responsible for the continuing accuracy and completeness of information furnished in their FCC Form 175 and its exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Kathleen O'Brien Ham Chief, Auctions Division Wireless Telecommunications Bureau Federal Communications Commission Washington, D.C. 20554 with a courtesy copy
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- that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 600 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 27.311. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 600 application by May 12, 1997, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 27.203. Frivolous Pleadings Pursuant to 47 C.F.R. 1.52, the Commission reminds parties to
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- their respective ownership interests in the partnership. This information must be included an exhibit to the application. (b)Each application for a radio station authorization in the WCS must: (1)Submit the information required by the Commission's rules, requests, and application forms; (2)Be maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of section 1.65 of this chapter; and (3)Show compliance with and make all special showings that may be applicable. (c)Where documents, exhibits, or other lengthy showings already on file with the Commission contain information which is required by an application form, the application may specifically refer to such information, if: (1)The information previously filed is over one A4 (21 cm x 29.7 cm)
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- over one A4 (21 control applications are to be filed on the FCC Form 490, cm x 29.7 cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page "Application for Assignment of Authorization or Consent in length, and all information referenced therein is current to Transfer of Control of License". and accurate in all significant respects under section 1.65 Sec. 27.307 General application requirements. (a) Each application (including applications filed including mention of: on Forms 175 and 600) for a radio station authorization or for consent to assignment or transfer of control in the (i) The station call sign or application file WCS shall disclose fully the real party or parties in number whenever the reference is to station
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- four applicants are conditionally classified as qualified bidders, conditioned upon receipt of the required upfront payments by 3:00 p.m. ET on Friday, March 28, 1997. All applicants indicated the intention to bid on both licenses (EBN001 and EBN002). Applicants are reminded to keep their Supplemental Information applications up to date as required under the Commission's rules. See 47 C.F.R. 1.65 and 1.2106. Several applicants requested confidentiality for certain information included with their Supplemental Information. Applications containing confidentiality requests are accepted conditioned upon the disposition of those requests. Ultimately, however, applicants may be required to make that information appearing in the Supplemental Information publicly available. OTHER IMPORTANT INFORMATION: Upfront Payment: As discussed above, applicants are reminded that in order to participate
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- certifying signature on manual filings. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that ten business days from a reportable change is a reasonable B-4 period of time in which applicants must amend their FCC Form 175s. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit
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- Applications Accepted: Applications classified as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by October 14, 1997, as discussed below. With respect to their applications, they need take no further action except as may be necessary to keep their applications up-to- date. See 47 C.F.R. 1.65 and 1.2106. Applicants are also advised that Attachment A includes FCC account numbers which are automatically created by the FCC software system for each applicant. Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m. ET on Tuesday, October 14, 1997, to correct
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- v3.1+ or Windows for WorkGroups 3.11 * Microsoft Excel v5.0 or later * 8MB of available hard disk space * 16MB of RAM and a Pentium based processor are highly recommended Amendments to FCC Form 175s. Applicants are responsible for the continuing accuracy and completeness of information furnished in their FCC Form 175 and its exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Kathleen O'Brien Ham Chief, Auctions Division Wireless Telecommunications Bureau Federal Communications Commission Washington, D.C. 20554 with a courtesy copy
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- that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 90.161(b)(6). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. Eastern Standard Time on December 23, 1997, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 90.905. Number of Forms To Be Filed
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- as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by 6:00 p.m. ET on Monday, February 2, 1998, as discussed below. With respect to their applications, applicants need take no further action except as may be necessary to keep their applications up-to-date. See 47 C.F.R. 1.65 and 1.2106. Applicants are also advised that Attachment A includes FCC account numbers which are automatically created by the FCC software system for each applicant. FCC account numbers are applicable for bidding only. Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m.
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- for WorkGroups 3.11 or Windows 95 * Microsoft Excel v5.0 or later * 8MB of available hard disk space * 16MB of RAM and a Pentium based processor are highly recommended Amendments to FCC Form 175s. Applicants are responsible for the continuing accuracy and completeness of information furnished in their FCC Form 175 and its exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Kathleen O'Brien Ham Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Washington, D.C. 20554 with
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- aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.918, 101.35(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. Eastern Time on Thursday, April 9, 1998, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104(g)(2), 101.1103(f ). Number of Forms To Be
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- certifying signature on manual filings. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that ten business days from a reportable change is a reasonable period of time in which applicants must amend their FCC Forms 175. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional
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- certifying signature on manual filings. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that ten business days from a reportable change is a reasonable period of time in which applicants must amend their FCC Forms 175. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional
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- that used in other commercial mobile radio services ("CMRS"). The geographic areas for the licenses were created based upon Economic Areas (EAs), developed by the Bureau of Economic Analysis of the U.S. Department of Commerce. The Economic Area Groupings (EAGs), developed by the Commission, include groupings of EAs and encompass the sum total of all EAs. Three 47 C.F.R. 1.65. 4 See In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, 5 Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd. 374, 467 (1997), 162,
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- certifying signature on manual filings. Failure to submit required information by the resubmission date will result in dismissal of the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, ten business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by
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- that has been provided by incumbent licensees and incorporated into the database. Potential bidders are strongly encouraged to physically inspect any sites located in or near the geographic area for which they plan to bid. Participation: Those wishing to participate in the auction must: ! Submit a short form application (FCC Form 175) by the above-listed deadline. 47 C.F.R. 1.65. 8 See In the Matter of Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, 9 Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, WT Docket No. 97-82, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd. 374, 467 (1997), 162,
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- as accepted for filing are listed alphabetically in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by 6:00 p.m. ET on Monday, August 31, 1998, as discussed below. With respect to their applications, applicants need take no further action except as may be necessary to keep their applications up-to-date. See 47 C.F.R. 1.65 and 1.2106. Applicants are also advised that Attachment A includes FCC account numbers which are automatically created by the FCC software system for each applicant. FCC account numbers are applicable for bidding only. Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m.
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- for WorkGroups 3.11 or Windows 95 * Microsoft Excel v5.0 or later * 8MB of available hard disk space * 16MB of RAM and a Pentium based processor are highly recommended Amendments to FCC Form 175s. Applicants are responsible for the continuing accuracy and completeness of information furnished in their FCC Form 175 and its exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division See Auction Notice and Filing Requirements, at 4-5 and Attachment B.
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- that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 90.161(b)(6). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on November 6, 1998, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 90.1007. See 1.2107(c), 47 C.F.R. 1.2107(c). 1 Number
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- in the application. This information must be included in Exhibit V of the application. (b) Each application for a radio station authorization in the GWCS must: (1) Submit the information required by the Commission's rules, requests, and application forms; (2) Be maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of 1.65 of this chapter; and (3) Show compliance with and make all special showings that may be applicable. (c) Where documents, exhibits, or other lengthy showings already on file with the Commission contain information which is required by an application form, the application may specifically refer to such information, if: (1) The information previously filed is over one A4 (21 cm
- http://wireless.fcc.gov/auctions/20/releases/da981796.pdf http://wireless.fcc.gov/auctions/20/releases/da981796.txt http://wireless.fcc.gov/auctions/20/releases/da981796.wp
- the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. This prohibition begins with the filing of short-form applications, and ends on the down payment due date. In the VHF Public Coast Service auction, for example, the rule would apply to any See 47 C.F.R. 1.2105(c). See 47 C.F.R. 1.65. 5 applicants bidding for the same VPC. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short- form applications, as long as they disclose the existence of the agreement(s) in their Form
- http://wireless.fcc.gov/auctions/20/releases/da982248.pdf http://wireless.fcc.gov/auctions/20/releases/da982248.txt http://wireless.fcc.gov/auctions/20/releases/da982248.wp
- Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. 1.65 and 1.2106. 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION News Media Information: 202-418-0500 1919 M STREET, N.W. Fax-On-Demand: 202-418-2830 WASHINGTON, D.C. 20554 Internet: http://www.fcc.gov ftp: ftp.fcc.gov DA 98-2248 November 6, 1998 AUCTION OF 156-162 MHz VHF PUBLIC COAST STATION LICENSES Status of Applications to Participate in the Auction Bureau Reminds Bidders of Responsibilities Under NEPA Provisions Report No. AUC-20-C (Auction No.
- http://wireless.fcc.gov/auctions/20/releases/da982347.pdf http://wireless.fcc.gov/auctions/20/releases/da982347.txt http://wireless.fcc.gov/auctions/20/releases/da982347.wp
- features can be used without Excel. See Auction Notice and Filing Requirements Public Notice at 11. 4 See Auction Notice and Filing Requirements Public Notice at 4 and Attachment B. 5 6 Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Electronic filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 5202 2025 M
- http://wireless.fcc.gov/auctions/20/releases/da982542.pdf http://wireless.fcc.gov/auctions/20/releases/da982542.txt http://wireless.fcc.gov/auctions/20/releases/da982542.wp
- of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, 11 (1998) ("Nevada Wireless"). See Nevada Wireless, 13 FCC Rcd at 11978, 13 (1998). 4 See 47 C.F.R. 1.2105(c). 5 See 47 C.F.R. 1.65. 6 7 is qualified and there is no substantial and material issue of fact concerning that determination, it will grant the application. Anti-collusion rules. To ensure the competitiveness of the auction process, the Commission's Rules prohibit applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. This prohibition begins
- http://wireless.fcc.gov/auctions/21/releases/da981879.pdf http://wireless.fcc.gov/auctions/21/releases/da981879.txt http://wireless.fcc.gov/auctions/21/releases/da981879.wp
- will comply with the anti-collusion rule. 8 The Bureau, however, cautions that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred nor will it preclude the initiation of an investigation when warranted. In the LMS auction, for example, 9 See 47 C.F.R. 1.2105(c). 10 See 47 C.F.R. 1.65. 11 Amendment of Part 90 of the Commission's Rules to Adopt Regulations for Automatic Vehicle Monitoring 12 Systems, Report and Order, PR Docket No. 93-61, 10 FCC Rcd 4695 (1995) ("LMS Report and Order"). 6 the rule would apply to any applicants bidding for the same EA. Therefore, applicants that apply to bid for "all markets" would be precluded from
- http://wireless.fcc.gov/auctions/21/releases/da990249.pdf http://wireless.fcc.gov/auctions/21/releases/da990249.txt http://wireless.fcc.gov/auctions/21/releases/da990249.wp
- Accepted: Applications classified as accepted for filing are listed in Attachment A. These applicants will become qualified bidders upon receipt of the required upfront payment by 6:00 p.m. ET on Monday, February 8, 1999, as discussed below. With respect to their applications, these applicants need take no further action except as may be necessary to keep See 47 C.F.R. 1.65 and 1.2106. 1 See 47 C.F.R. 1.65 and 1.2106. 2 See "Auction of Location and Monitoring Service Licenses; Auction Notice and Filing Requirements for 528 3 Multilateration Licenses; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-1879 (rel. September 23, 1998), 63 FR 54693 (October 13, 1998) for detailed remittance and upfront payment instructions ("Auction Public Notice").
- http://wireless.fcc.gov/auctions/21/releases/da990283.pdf
- and a Pentium 166 or higher are strongly recommended. *Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 5202 2025 M St.,
- http://wireless.fcc.gov/auctions/21/releases/da990405.pdf http://wireless.fcc.gov/auctions/21/releases/da990405.txt http://wireless.fcc.gov/auctions/21/releases/da990405.wp
- bidding for the same Economic Area. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose See 47 C.F.R. 1.2105(c). 5 See 47 C.F.R. 1.65. 6 7 the existence of the agreement(s) in their Form 175 short-form applications. By signing their 5 FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission
- http://wireless.fcc.gov/auctions/21/releases/lmsbp_c.pdf
- other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications 3 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.4 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/21/releases/lmsbp_f.pdf
- to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants who file electronically must press the "Submit Form 175" button on the "Submit" page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, ten business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by
- http://wireless.fcc.gov/auctions/22/releases/d990757d.pdf http://wireless.fcc.gov/auctions/22/releases/d990757d.wp
- consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 4, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 24.704. See 47 C.F.R. 1.2107(c). Number of Forms
- http://wireless.fcc.gov/auctions/22/releases/da982604.pdf http://wireless.fcc.gov/auctions/22/releases/da982604.txt http://wireless.fcc.gov/auctions/22/releases/da982604.wp
- 341 (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA- 155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 para. 11 (1998) ("Nevada Wireless"). See id. at 11978 para. 13. 24 See 47 C.F.R. 1.2105(c). 25 See id. 1.65. 26 8 Prohibition of Collusion: To ensure the competitiveness and integrity of the auction process, the Commission's Rules prohibit applicants for the same geographic license area from communicating with each other during the auction about bids, bidding strategies, or settlements. This prohibition begins with the filing of short-form applications, and ends on the down payment due date. Bidders competing for
- http://wireless.fcc.gov/auctions/22/releases/da990302.pdf http://wireless.fcc.gov/auctions/22/releases/da990302.txt http://wireless.fcc.gov/auctions/22/releases/da990302.wp
- the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE:Applicants must press the "Submit Form 175" button on the "Submit" page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by
- http://wireless.fcc.gov/auctions/22/releases/da990375.pdf http://wireless.fcc.gov/auctions/22/releases/da990375.txt http://wireless.fcc.gov/auctions/22/releases/da990375.wp
- until the Wireless Telecommunications Bureau (the "Bureau") resolves a pending assignment application filed by a subsidiary of Leap and AirGate Wireless, L.L.C. The Bureau expects to resolve this matter prior to the commencement of Auction No. 22 on March 23, 1999 and reserves the right to reject Leap's short- form application based on its decision therein. See 47 C.F.R. 1.65 and 1.2106. 3 See 47 C.F.R. 1.65 and 1.2106. 4 See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 5 C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-2604 (rel. December
- http://wireless.fcc.gov/auctions/22/releases/da990482.pdf
- the majority of the tool's features can be used without Excel. See Status of Applications Public Notice at 3-5; Bidder Information Package, Tab B, 105-07; Announcement Public 8 Notice at 4-7. 7 Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th St.,
- http://wireless.fcc.gov/auctions/22/releases/e990757d.pdf http://wireless.fcc.gov/auctions/22/releases/e990757d.wp
- consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 5, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 24.704. See 47 C.F.R. 1.2107(c). Number of Forms
- http://wireless.fcc.gov/auctions/22/releases/pcsbipc.pdf
- (1998); In re Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11,973, 11,977 para. 11 (1998) ("Nevada Wireless"). 2 See id. at 11,978 para. 13. 3 See 47 C.F.R. 1.2105(c). Commission's rules. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.4 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/22/releases/pcsbipf.pdf
- dismissal of the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE:Applicants must press the "Submit Form 175" button on the "Submit" page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by
- http://wireless.fcc.gov/auctions/23/releases/da990266.pdf http://wireless.fcc.gov/auctions/23/releases/da990266.txt http://wireless.fcc.gov/auctions/23/releases/da990266.wp
- prevent communication between authorized bidders and that applicants and their bidding agents will comply with the anti-collusion rule. The Bureau, however, cautions that merely 12 filing a certifying statement as part of an application will not outweigh specific evidence that See Nevada Wireless, 13 FCC Rcd at 11978, 13 (1998). See 47 C.F.R. 1.2105(c). See 47 C.F.R. 1.65. 7 collusive behavior has occurred nor will it preclude the initiation of an investigation when warranted. In the LMDS auction, for example, the rule would apply to any applicants bidding 13 for the same BTA. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. However,
- http://wireless.fcc.gov/auctions/23/releases/da990639.doc http://wireless.fcc.gov/auctions/23/releases/da990639.pdf http://wireless.fcc.gov/auctions/23/releases/da990639.txt
- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/23/releases/da990742.pdf
- a Pentium 166 or higher are strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th St.,
- http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
- from the materials described below, all the information that is required under the Commission's Rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.926, 1.934. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65,1.927. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on May 28, 1999, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 101.1103(f). See 47 C.F.R. 1.2107(c). Number of Forms
- http://wireless.fcc.gov/auctions/24/releases/da990474.pdf http://wireless.fcc.gov/auctions/24/releases/da990474.txt http://wireless.fcc.gov/auctions/24/releases/da990474.wp
- (1998); Application of Nevada Wireless for a License to Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 para. 11 (1998) ("Nevada Wireless"). See Nevada Wireless, supra note 9 at 11978, para. 13. 12 See 47 C.F.R. 1.2105(c). 13 See id. 1.65. 14 6 24, for example, the rule would apply to any applicants bidding for the same EA or EAG. Therefore, applicants that apply to bid for "all markets" would be precluded from communicating with all other applicants after filing the FCC Form 175. This prohibition becomes effective at the short-form application deadline, and ends on the down payment due date.
- http://wireless.fcc.gov/auctions/24/releases/da990904.doc http://wireless.fcc.gov/auctions/24/releases/da990904.pdf http://wireless.fcc.gov/auctions/24/releases/da990904.txt
- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/24/releases/da991023.doc http://wireless.fcc.gov/auctions/24/releases/da991023.pdf http://wireless.fcc.gov/auctions/24/releases/da991023.txt
- and a Pentium( 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Electronic filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th
- http://wireless.fcc.gov/auctions/25/releases/da991800.pdf
- 6:00 p.m. ET on Monday, September 13, 1999, as discussed below. With respect to their applications, these applicants need take no further action except as may be necessary to keep their applications up-to-date.1 Applicants are also advised that Attachment A includes FCC account numbers for each applicant. FCC account numbers are applicable for bidding only. 1 See 47 C.F.R. 1.65. 2 Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. Applicants whose applications have been classified as incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants will become qualified bidders only if they: (1) make the required upfront payments by 6:00 p.m. ET on Monday, September 13, 1999,
- http://wireless.fcc.gov/auctions/25/releases/da991912.pdf
- On-Line) of the Status Public Notice provides instructions for reviewing and downloading round results, and other material related to Auction No. 25 released by the Commission during the course of the auction. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. Applicants are required by rule to make any changes "as promptly as possible." It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. If it is possible to amend an application in less time, then such amendment should be made. 47 C.F.R 1.65 Filers should make modifications
- http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
- of the First Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C. 604(b). Federal Communications Commission FCC 98-194 APPENDIX C I. Part 1 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Subpart A - General Rules of Practice and Procedure Section 1.65 is amended to read as follows: 1.65 Substantial and significant changes in the information furnished by applicants to the Commission. (a) Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Whenever the information furnished in the pending application is no longer substantially accurate
- http://wireless.fcc.gov/auctions/26/releases/d000508d.doc http://wireless.fcc.gov/auctions/26/releases/d000508d.pdf http://wireless.fcc.gov/auctions/26/releases/d000508d.txt
- consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on March 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 22.213. See 47 C.F.R. 1.2107(c). Number of Forms
- http://wireless.fcc.gov/auctions/26/releases/d991591c.doc http://wireless.fcc.gov/auctions/26/releases/d991591c.txt
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the "Submit Form 175" button on the "Submit" page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by
- http://wireless.fcc.gov/auctions/26/releases/da000173.doc http://wireless.fcc.gov/auctions/26/releases/da000173.pdf http://wireless.fcc.gov/auctions/26/releases/da000173.txt
- contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Hartigan, Auction Operations at (202) 418-0695 (regarding bidding and general filing status); and Bob Reagle, Analyst, Auction Operations at (717) 338-2807 (regarding bidding). - FCC - See 47 C.F.R. 1.65 and 1.2106. Id. See "Auction of 929 and 931 MHz Paging Service Spectrum; Auction Notice and Filing Requirements for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1591 (rel. August 12, 1999)(``Auction No. 26 Public Notice'') for detailed remittance and upfront payment information. This and other documents, including
- http://wireless.fcc.gov/auctions/26/releases/da000278.doc http://wireless.fcc.gov/auctions/26/releases/da000278.pdf http://wireless.fcc.gov/auctions/26/releases/da000278.txt
- and a Pentium( 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
- http://wireless.fcc.gov/auctions/26/releases/da012480.pdf http://wireless.fcc.gov/auctions/26/releases/da012480.txt
- the subject licenses for which it was the high bidder ever appeared on the Accepted for Filing PN from Auction No. 26. See 929 and 931 MHz Paging Auction Applications Accepted for Filing, Public Notice, DA 00-508 (rel. May 11, 2000). 7 47 C.F.R. 1.2105(b)(2). 8 See id. 9 See 47 C.F.R. 1.2105(c)(5); see also 47 C.F.R. 1.65. 10 See Form 601, dated March 20, 2000, filed by Supra. 11 47 C.F.R. 1.2105(b)(2), (c)(2). 12 47 C.F.R. 1.2109(c). 13 See 47 C.F.R. 1.2104(g), 1.2109(b). Federal Communications Commission DA 01-2480 3 the difference between the amount that it bid and the amount of the winning bids the next time the spectrum associated with the defaulted licenses
- http://wireless.fcc.gov/auctions/26/releases/da991591.doc http://wireless.fcc.gov/auctions/26/releases/da991591.pdf http://wireless.fcc.gov/auctions/26/releases/da991591.txt
- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/26/releases/pagebp_b.pdf
- Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977, 11 (1998)("Nevada Wireless"). 2 See Nevada Wireless, 13 FCC Rcd at 11978, 13 (1998). 175 short-form applications.3 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.4 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/26/releases/pagebp_f.pdf
- the application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE:Applicants must press the "Submit Form 175" button on the "Submit" page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that Certification 6 on the FCC Form 175 includes consent to be audited. B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by
- http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
- how a grant would serve the public interest, convenience, and necessity; (c) Contain all information required by FCC rules or application forms; (d) Propose operation of a facility in compliance with all rules governing the Public Mobile service; (e) Be amended as necessary to remain substantially accurate and complete in all significant respects, in accordance with the provisions of 1.65 of this chapter; and, (f) Be signed in accordance with 1.743 of this chapter. 22.131 Procedures for mutually exclusive applications. Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules governing the Public Mobile Services involved. The Commission uses
- http://wireless.fcc.gov/auctions/28/releases/da000405.doc http://wireless.fcc.gov/auctions/28/releases/da000405.pdf http://wireless.fcc.gov/auctions/28/releases/da000405.txt
- Auction No. 28, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Friday, February 18, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short- form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of
- http://wireless.fcc.gov/auctions/28/releases/da000527.doc http://wireless.fcc.gov/auctions/28/releases/da000527.pdf http://wireless.fcc.gov/auctions/28/releases/da000527.txt
- other bidding activity, a bidder placing a new bid on a construction permit for which it is the standing high bidder would not keep the auction open under this modified stopping rule. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. Applications should be amended within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street, SW Washington, DC 20554 with a courtesy
- http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
- the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their FCC Form 175 short-form applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
- of the First Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C. 604(b). Federal Communications Commission FCC 98-194 APPENDIX C I. Part 1 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Subpart A - General Rules of Practice and Procedure Section 1.65 is amended to read as follows: 1.65 Substantial and significant changes in the information furnished by applicants to the Commission. (a) Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Whenever the information furnished in the pending application is no longer substantially accurate
- http://wireless.fcc.gov/auctions/30/releases/d001035d.doc http://wireless.fcc.gov/auctions/30/releases/d001035d.txt
- 601 carefully and consult the rules to ensure that, aside from the materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on May 24, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To
- http://wireless.fcc.gov/auctions/30/releases/da000112.doc http://wireless.fcc.gov/auctions/30/releases/da000112.pdf http://wireless.fcc.gov/auctions/30/releases/da000112.txt
- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/30/releases/da000615.doc http://wireless.fcc.gov/auctions/30/releases/da000615.pdf http://wireless.fcc.gov/auctions/30/releases/da000615.txt
- the applicant should contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auction Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auction Operations (regarding bidding) at (717) 338-2888. - FCC - See 47 C.F.R. 1.65 and 1.2106. Id. See "Auction of Licenses for Fixed Point-to-Point Microwave Services in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Auction Scheduled for April 12, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'')
- http://wireless.fcc.gov/auctions/30/releases/da000724.doc http://wireless.fcc.gov/auctions/30/releases/da000724.pdf http://wireless.fcc.gov/auctions/30/releases/da000724.txt
- and a Pentium( 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
- http://wireless.fcc.gov/auctions/31/releases/da000292.doc http://wireless.fcc.gov/auctions/31/releases/da000292.pdf http://wireless.fcc.gov/auctions/31/releases/da000292.txt
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/31/releases/da001486.doc http://wireless.fcc.gov/auctions/31/releases/da001486.pdf http://wireless.fcc.gov/auctions/31/releases/da001486.txt
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself,
- http://wireless.fcc.gov/auctions/31/releases/da010012.doc http://wireless.fcc.gov/auctions/31/releases/da010012.pdf http://wireless.fcc.gov/auctions/31/releases/da010012.txt
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175. Attachment E ELECTRONIC FILING AND REVIEW OF THE FCC FORM 175 Applicants must submit their FCC Form
- http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
- Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998) ("Nevada Wireless"). 43 See id., at 11978. 44 See 47 C.F.R. 1.2105(c). - 9 - covering the same geographic areas.45 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.46 Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-collusion
- http://wireless.fcc.gov/auctions/31/releases/fc010025.doc http://wireless.fcc.gov/auctions/31/releases/fc010025.pdf http://wireless.fcc.gov/auctions/31/releases/fc010025.txt
- all material terms must be disclosed whether in writing or not; if there is no agreement in principle by the short-form filing deadline, prohibited communications must cease). In addition, we note that applicants in Commission spectrum auctions are also under an affirmative obligation to maintain their short-form applications substantially accurate and complete in all significant respects. See 47 C.F.R. 1.65(a). Thus, applicants entering into contracts after the short form filing deadline would be obligated to amend their applications appropriately. See 47 C.F.R. 1.2105(b)(2)(applications may be amended to make minor changes). . 700 MHz MO&O and FNPRM 104. See, e.g., Sinclair Comments at 4 (proposal to adopt different technical standard for DTV transmissions); Dielectric Reply at 3 (asserting that
- http://wireless.fcc.gov/auctions/32/releases/d992585a.doc http://wireless.fcc.gov/auctions/32/releases/d992585a.txt
- an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105 ( c ) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/32/releases/d992585b.doc http://wireless.fcc.gov/auctions/32/releases/d992585b.txt
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by the FCC's rules. Although the FCC does not require a particular format for this information, it has developed
- http://wireless.fcc.gov/auctions/32/releases/da011441.doc http://wireless.fcc.gov/auctions/32/releases/da011441.pdf http://wireless.fcc.gov/auctions/32/releases/da011441.txt
- preclude the initiation of an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/33/releases/d000850a.doc
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself,
- http://wireless.fcc.gov/auctions/33/releases/d002154d.doc http://wireless.fcc.gov/auctions/33/releases/d002154d.txt
- 601 carefully and consult the rules to ensure that, aside from the materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on October 10, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To
- http://wireless.fcc.gov/auctions/33/releases/da000781.doc http://wireless.fcc.gov/auctions/33/releases/da000781.pdf http://wireless.fcc.gov/auctions/33/releases/da000781.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/33/releases/da001800.doc http://wireless.fcc.gov/auctions/33/releases/da001800.pdf http://wireless.fcc.gov/auctions/33/releases/da001800.txt
- staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See Auction of Licenses for the 700 MHz Guard Bands, Scheduled for June 14, 2000, Auction Notice and Filing Requirements for 104 Licenses in the 700 MHz Guard Band, Minimum Opening Bids and Other Procedural Issues, Public Notice,
- http://wireless.fcc.gov/auctions/33/releases/da001948.doc http://wireless.fcc.gov/auctions/33/releases/da001948.pdf http://wireless.fcc.gov/auctions/33/releases/da001948.txt
- Guard Band Auction Scheduled for June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. 27.604. Id. See C.F.R. 1.2104(g)(1). See C.F.R. 1.2104(g)(2); see also 1.2109(c). See 47 C.F.R. 1.2112(b). a $ B R 0 ` 0 PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪
- http://wireless.fcc.gov/auctions/34/releases/d002037f.doc http://wireless.fcc.gov/auctions/34/releases/d002037f.txt
- 601 carefully and consult the rules to ensure that, aside from the materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on September 20, 2000, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104. See 47 C.F.R. 1.2107(c). Number of Forms To
- http://wireless.fcc.gov/auctions/34/releases/da001100.doc http://wireless.fcc.gov/auctions/34/releases/da001100.pdf http://wireless.fcc.gov/auctions/34/releases/da001100.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://wireless.fcc.gov/auctions/34/releases/da001639.doc http://wireless.fcc.gov/auctions/34/releases/da001639.pdf http://wireless.fcc.gov/auctions/34/releases/da001639.txt
- attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: M. Nicole Oden, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. Id. See "Auction of Licenses for 800 MHz Specialized Mobile Radio (SMR) Service in the General Category Band (851-854 MHz) and Upper Band (861-865 MHz); Auction Notice and Filing Requirements for 1,053 Licenses in the 800 MHz SMR Service for the General Category Auction; Auction Rescheduled from August 23, 2000 to August 16, 2000; Minimum Opening Bids and Other
- http://wireless.fcc.gov/auctions/34/releases/da001788.doc http://wireless.fcc.gov/auctions/34/releases/da001788.pdf http://wireless.fcc.gov/auctions/34/releases/da001788.txt
- Auction Rescheduled from August 23, 2000 to August 16, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1100 (released May 18, 2000) (``800 MHz Announcing Public Notice''). See 800 MHz Announcing Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 34, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). See 800 MHz Announcing Public Notice at 9-10; see also ``Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions,'' Public Notice, DA 00-1449 (released June 29, 2000). See 47 C.F.R. 1.2112(b). $ B 0 ` 0 PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD Zv}YAD e/,-%E9
- http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://wireless.fcc.gov/auctions/35/releases/da002614.doc http://wireless.fcc.gov/auctions/35/releases/da002614.pdf http://wireless.fcc.gov/auctions/35/releases/da002614.txt
- sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral or David Hu, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Lisa Stover, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000; Auction Notice and Filing Requirements for 422 Licenses in the C and F Block Broadband PCS Spectrum Auction; Minimum Opening Bids and Other Procedures Issues For Final Auction Inventory, Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). Id. at
- http://wireless.fcc.gov/auctions/35/releases/da002725.doc http://wireless.fcc.gov/auctions/35/releases/da002725.pdf http://wireless.fcc.gov/auctions/35/releases/da002725.txt
- and Other Procedural Issues For Final Auction Inventory,'' Public Notice, DA 00-2259 (rel. October 5, 2000) (``Auction No. 35 Procedures Public Notice''). Auction No. 35 Procedures Public Notice at 29-31. For information on the minimum opening bid for each of the licenses offered in Auction No. 35, see Auction No. 35 Procedures Public Notice, Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. Auction No. 35 Procedures Public Notice at 5-7; see also ``Auction of Licenses for C and F Block Broadband PCS Spectrum; Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 00-2614 (released October 5, 2000) (``Auction No. 35 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,''
- http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
- materials described below, all information required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 21, 2000September 20, 2000,, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in section 1.2104(g) of the Commission's rules. See 47 C.F.R. 1.2104(g),
- http://wireless.fcc.gov/auctions/36/releases/da001388.doc http://wireless.fcc.gov/auctions/36/releases/da001388.pdf http://wireless.fcc.gov/auctions/36/releases/da001388.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://wireless.fcc.gov/auctions/36/releases/da002260.doc http://wireless.fcc.gov/auctions/36/releases/da002260.pdf http://wireless.fcc.gov/auctions/36/releases/da002260.txt
- status, the applicant should contact the staff attorney identified in the correspondence sent to the contact person by overnight mail. For additional information, contact: M. Nicole Oden, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See 47 C.F.R. 1.2106. See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), and 1.2109(d). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.204; see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form
- http://wireless.fcc.gov/auctions/36/releases/da002368.doc http://wireless.fcc.gov/auctions/36/releases/da002368.pdf http://wireless.fcc.gov/auctions/36/releases/da002368.txt
- Notice and Filing Requirements for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels; Auction Rescheduled from September 13, 2000 to November 1, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1388 (released June 23, 2000) (``Auction No. 36 Announcing Public Notice''). See Auction No. 36 Announcing Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. See Auction No. 36 Announcing Public Notice at 11-12. 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov D b l | D b l | v
- http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same market.20 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.21 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on March 8, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/38/releases/da002571.doc http://wireless.fcc.gov/auctions/38/releases/da002571.pdf http://wireless.fcc.gov/auctions/38/releases/da002571.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short- form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/38/releases/da010138.doc http://wireless.fcc.gov/auctions/38/releases/da010138.pdf http://wireless.fcc.gov/auctions/38/releases/da010138.txt
- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Craig Bomberger, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See Auction of Licenses for the 700 MHz Guard Bands Scheduled for February 13, 2001; Auction Notice and Filing Requirements for 8 Licenses in the 700 MHz Guard Bands; Minimum Opening Bids and Other Procedural Issues, Public Notice, DA 00-2571 (rel. November 14, 2000), 65 Fed. Reg. 83024 (``Auction No. 38 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum
- http://wireless.fcc.gov/auctions/38/releases/da010258.doc http://wireless.fcc.gov/auctions/38/releases/da010258.pdf http://wireless.fcc.gov/auctions/38/releases/da010258.txt
- Other Procedural Issues,'' Public Notice, DA 00-2571 (rel. November 14, 2000) 65 Fed. Reg. 83024 (``Auction No. 38 Procedures Public Notice''). See Auction No. 38 Procedures Public Notice at 25. For information on the minimum opening bid for each of the licenses offered in Auction No. 38, see Auction No. 38 Procedures Public Notice, Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 38 Procedures Public Notice at 8-9; see also ``Auction of Licenses for 700 MHz Guard Bands; Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, DA 01-138 (released January 19, 2001) (``Auction No. 38 Status Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice,
- http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.txt
- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/39/releases/d011443f2.doc http://wireless.fcc.gov/auctions/39/releases/d011443f2.txt
- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 29, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/39/releases/da010746.doc http://wireless.fcc.gov/auctions/39/releases/da010746.pdf http://wireless.fcc.gov/auctions/39/releases/da010746.txt
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://wireless.fcc.gov/auctions/39/releases/da011177.doc http://wireless.fcc.gov/auctions/39/releases/da011177.pdf http://wireless.fcc.gov/auctions/39/releases/da011177.txt
- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Auctions Legal (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See VHF Public Coast and Location and Monitoring Service Spectrum Auction Scheduled for June 6, 2001; Notice and Filing Requirements for 16 Licenses in the VHF Public Coast and 241 Licenses in the Location and Monitoring Service Auction; Minimum Opening Bids Upfront Payments and Other Procedural Issues, Public Notice, DA 01-746 (rel. March 26, 2001) (``Auction No. 39 Procedural
- http://wireless.fcc.gov/auctions/40/releases/da010850.doc http://wireless.fcc.gov/auctions/40/releases/da010850.pdf http://wireless.fcc.gov/auctions/40/releases/da010850.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/40/releases/da012262.pdf http://wireless.fcc.gov/auctions/40/releases/da012262.txt
- that were automatically created by the FCC software system for each applicant and indicates the number of licenses selected by each applicant on its FCC Form 175 filing. In previous auctions, Attachment A has listed the licenses selected in each accepted application. However, due to the large volume of 1 See 47 C.F.R. 1.2106. 2 See 47 C.F.R. 1.65. 2 licenses in Auction No. 40, lists of the licenses selected in each accepted application will be provided in electronic format only, available with this public notice at http://www.fcc.gov/wtb/auctions/40/. Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required
- http://wireless.fcc.gov/auctions/40/releases/da012418.pdf http://wireless.fcc.gov/auctions/40/releases/da012418.txt
- Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits.3 Applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175 electronically, and submit a letter briefly summarizing the changes to: 3 47 C.F.R 1.65. 5 Margaret Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission 445 12th Street, SW, Room 4-A760 Washington, DC 20554 A courtesy copy should also be sent to Erik Salovaara, at the same address, Room 4-B457. As described in the Commission's rules, applicants may make only minor corrections to their FCC Form 175 applications (e.g., authorized
- http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 27, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/41/releases/da011592.doc http://wireless.fcc.gov/auctions/41/releases/da011592.pdf http://wireless.fcc.gov/auctions/41/releases/da011592.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/41/releases/da012052.doc http://wireless.fcc.gov/auctions/41/releases/da012052.pdf http://wireless.fcc.gov/auctions/41/releases/da012052.txt
- in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch (regarding legal questions) or Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. See Narrowband PCS Spectrum Auction Scheduled for October 3, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-1592 (rel. July 9, 2001), (``Auction No. 41 Procedures Public Notice''). ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See
- http://wireless.fcc.gov/auctions/41/releases/da012201.doc http://wireless.fcc.gov/auctions/41/releases/da012201.pdf http://wireless.fcc.gov/auctions/41/releases/da012201.txt
- Upfront Payments and Other Procedural Issues,'' Public Notice, DA 01-1592 (rel. July 9, 2001) 66 FR 38690 (``Auction No. 41 Procedures Public Notice''). Auction No. 41 Procedures Public Notice at 26-28. For information on the minimum opening bid for each of the licenses offered in Auction No. 41, see Auction No. 41 Procedures Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. Auction No. 41 Procedures Public Notice at 5-7. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). Auction No. 41 Procedures Public Notice at 4-5. 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2109 (d). 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal
- http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/41/releases/da012429D.pdf http://wireless.fcc.gov/auctions/41/releases/da012429D.txt
- the instructions on the FCC Form 601 carefully and should consult the rules to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on November 1, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/42/releases/da012349.pdf http://wireless.fcc.gov/auctions/42/releases/da012349.txt
- In previous auctions, Attachment A has listed the licenses selected in each accepted application. However, due to the large volume of licenses in Auction No. 42, lists of the licenses selected in each accepted application will be provided in electronic format only, available with this public notice at http://www.fcc.gov/wtb/auctions/42/. 1 See 47 C.F.R. 1.2106. 2 See 47 C.F.R. 1.65. 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments by 6:00 p.m. ET on Monday,
- http://wireless.fcc.gov/auctions/42/releases/da012507.pdf http://wireless.fcc.gov/auctions/42/releases/da012507.txt
- to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits.4 Applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175 electronically, and submit a letter briefly summarizing the 4 47 C.F.R 1.65. 5 changes to: Margaret Wiener Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission 445 12th Street, SW, Room 4-A760 Washington, DC 20554 A courtesy copy should also be sent to Francis Gutierrez, at the same address, Room 4-A425. Applicants that send their letters via Federal Express or any other express mail service should use the zip
- http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/42/releases/da012763d.pdf http://wireless.fcc.gov/auctions/42/releases/da012763d.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on December 14, 2001, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas.28 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.29 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/43/releases/da012902.pdf http://wireless.fcc.gov/auctions/43/releases/da012902.txt
- participating in the mock auction are advised to review the Bidding System User Manual provided in the second mailing. Attachment D of this Public Notice provides instructions for accessing the FCC Mock Auction site. The mock auction bidding schedule for Monday, January 7, 2002, will be: Round 1 Bidding Period 9:00 a.m. - 10:00 a.m. ET 3 47 C.F.R 1.65. 4 The Wireless Telecommunications Bureau issued a public notice, stating that electronic filing is the only acceptable method for filing documents in Auction No. 43. See Wireless Telecommunications Bureau Requires Electronic Filing of Documents for Auction No. 43, Public Notice, DA 01-2836 (rel. December 6, 2001). 5 47 C.F.R. 1.2105(b). 6 Id. 7 Auction No. 43 Procedures Public Notice
- http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on February 5, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas.47 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.48 Thus, Sections 1.65 and 1.2105 requires an auction applicant to notify the Commission of any violation of the anti-collusion
- http://wireless.fcc.gov/auctions/44/releases/da021346.pdf http://wireless.fcc.gov/auctions/44/releases/da021346.txt
- and applications for review may be pending before the Commission and relate to particular applicants or incumbent licensees. In addition, certain judicial proceedings that may relate to particular applicants or the licenses available in Auction No. 44 may be commenced, or may be pending or subject to further review. We note that resolution of these matters 5 47 C.F.R 1.65. 6 47 C.F.R. 1.2105(b). 7 Id. 8 See Due Diligence Announcement for the Upcoming Auction of Licenses in the 698-746 MHz Band Scheduled for June 19, 2002, Public Notice, DA 02-904 (rel. April 18, 2002). See also Auction No. 44 Procedures Public Notice at 11-12. 6 could have an impact on the availability of spectrum in Auction No. 44.
- http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for licenses covering the same geographic areas.19 By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.20 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/45/releases/da020965.pdf http://wireless.fcc.gov/auctions/45/releases/da020965.txt
- Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make 1 See 47 C.F.R. 1.2106. 2 See 47 C.F.R. 1.65. 2 the required upfront payments by 6:00 p.m. ET on Monday, May 6, 2002; and (2) resubmit their applications by 6:00 p.m. ET on Tuesday, May 7, 2002, to correct the deficiencies indicated. Applicants also must maintain the accuracy of their FCC Form 175 applications as required by the Commission's rules.3 Applicants are advised that Attachment B includes FCC account
- http://wireless.fcc.gov/auctions/45/releases/da021147.pdf http://wireless.fcc.gov/auctions/45/releases/da021147.txt
- incumbent licensees. In addition, certain judicial proceedings that may relate to particular applicants or the licenses available in Auction No. 45 may be pending or subject to further review. We note that resolution of these matters could have an impact on the availability of spectrum in Auction No. 45. Some of these matters (whether before the 4 47 C.F.R 1.65. 5 47 C.F.R. 1.2105(b). 6 Id. 7 See Auction No. 45 Procedures Public Notice at 4-5. Ranger Cellular and Miller Communications, Inc. ("Ranger and Miller") have filed a petition for review of the Cellular RSA Report and Order in the United States Court of Appeals for the District of Columbia Circuit. Ranger Cellular and Miller Communications, Inc. v. FCC,
- http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/45/releases/da021316c.pdf http://wireless.fcc.gov/auctions/45/releases/da021316c.txt
- instructions on the FCC Form 601 carefully and should consult the rules to ensure that, in addition to the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.934(a), (d); see also 47 C.F.R. 1.933(b). An applicant that fails to submit the required FCC Form 601 application by 6:00 p.m. ET on June 20, 2002, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will
- http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
- Provide 800 MHz Specialized Mobile Radio Service in the Farmington, NM-CO Economic Area (EA-155) Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd. 11973, 11977 11 (1998). 13 Id., at 11978. 14 See 47 C.F.R. 1.2105(c). 15 See Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 4 In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.16 Thus, Sections 1.65 and 1.2105 require an auction applicant to notify the Commission of any violation of the anti-
- http://wireless.fcc.gov/auctions/53/releases/fc000418.pdf http://wireless.fcc.gov/auctions/53/releases/fc000418.txt
- 1998 Amendment.) SkyBridge proposes several changes and clarifications to the SkyBridge application, as amended by the 1997 Amendment. SkyBridge, among other things, proposes to change the number of satellites in its system from sixty-four to eighty, revises its link budgets, revises frequency usage requirements and states it requires at least 2 GHz of contiguous spectrum for downlinks and at least 1.65 GHz for uplinks. SkyBridge also submitted a series of simulations that Federal Communications Commission FCC 00-418 164 SkyBridge claims demonstrates its amended system's ability to meet the relevant provisional power limits adopted at the WRC-97.10 Teledesic File No.: SAT-LOA-19990108-0005 Teledesic has filed an application for authority to construct, launch, and operate a global constellation of NGSO FSS satellites. Teledesic's proposed
- http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
- 602. See 47 C.F.R. 1.919. If necessary, applicants must file the FCC Form 602 electronically at http://wireless.fcc.gov/licensing/ownership/or through http://wireless.fcc.gov/ulsby clicking on the ownership link. Form 601 General Information Filed electronically on ULS at http://wireless.fcc.gov/uls. Applicants can apply for multiple licenses on one Form 601. Applicants are responsible for the continuing accuracy and completeness on information. See 47 C.F.R. 1.65 Incomplete or defective applications may be returned. See47 C.F.R. 1.934, 1.933. Form 601 Attachments Applicants must file all applicable attachments. Ownership Foreign Ownership Designated Entities Agreements & Other Instruments Confidentiality Requests Waiver Requests Tribal Lands Attachments Form 601 Ownership Applicants must disclose the real party- or parties-in-interest. See47 C.F.R. 1.2112. Ownership information can be provided by: (1)Attaching a
- http://wireless.fcc.gov/auctions/59/resources/09_LStover.pdf
- Information Filed electronically on ULS at Filed electronically on ULS at http://wireless.fcc.gov/uls http://wireless.fcc.gov/uls.. Applicants can apply for multiple licenses on one Applicants can apply for multiple licenses on one Form 601. Form 601. Applicants are responsible for the continuing Applicants are responsible for the continuing accuracy and completeness of information. accuracy and completeness of information. See See 47 C.F.R. 1.65 47 C.F.R. 1.65 Incomplete or defective applications may be Incomplete or defective applications may be returned. returned. See See47 C.F.R. 1.934, 1.933. 47 C.F.R. 1.934, 1.933. 2/23/2005 2/23/2005 Form 602 Form 602 Ownership Form Ownership Form If an applicant already has an FCC Form If an applicant already has an FCC Form 602 on file, and it
- http://wireless.fcc.gov/auctions/61/resources/07_LStover.pdf
- Information Filed electronically on ULS at Filed electronically on ULS at http://wireless.fcc.gov/uls http://wireless.fcc.gov/uls.. Applicants can apply for multiple licenses on one Applicants can apply for multiple licenses on one Form 601. Form 601. Applicants are responsible for the continuing Applicants are responsible for the continuing accuracy and completeness of information. accuracy and completeness of information. See See 47 C.F.R. 1.65 47 C.F.R. 1.65 Incomplete or defective applications may be Incomplete or defective applications may be returned. returned. See See47 C.F.R. 1.934, 1.933. 47 C.F.R. 1.934, 1.933. 5/23/2005 5/23/2005 Form 602 Form 602 Ownership Form Ownership Form An FCC Form 602 was created in the Universal An FCC Form 602 was created in the Universal Licensing System as
- http://wireless.fcc.gov/auctions/63/resources/07_Filing.pdf
- Filed electronically on ULS at Filed electronically on ULS at http://wireless.fcc.gov/uls/ http://wireless.fcc.gov/uls/ Applicants can apply for multiple licenses on Applicants can apply for multiple licenses on one Form 601. one Form 601. Applicants are responsible for the continuing Applicants are responsible for the continuing accuracy and completeness on information. accuracy and completeness on information. See 47 C.F.R. See 47 C.F.R. 1.65 1.65 Incomplete or defective applications may be Incomplete or defective applications may be returned. returned. See 47 C.F.R. See 47 C.F.R. 1.934, 1.933 1.934, 1.933.. FCC Form 601 FCC Form 601 Schedule B of FCC form 601 will be populated with Schedule B of FCC form 601 will be populated with information that was provided on the FCC form
- http://wireless.fcc.gov/auctions/65/resources/PostAuctionProcedures.pdf
- used on Form 175 Number (FRN) used on Form 175 3/14/06 3/14/06 Form 601 Form 601 General Information General Information Filed electronically on ULS at Filed electronically on ULS at http:// http://wireless.fcc.gov/uls wireless.fcc.gov/uls.. Applicants are responsible for the Applicants are responsible for the continuing accuracy and completeness of continuing accuracy and completeness of information. information. See See47 C.F.R. 47 C.F.R. 1.65 1.65 Incomplete or defective applications may Incomplete or defective applications may be returned. be returned. See See47 C.F.R. 47 C.F.R. 1.934, 1.934, 1.933. 1.933. 3/14/06 3/14/06 Form 602 Form 602 Ownership Form Ownership Form An FCC Form 602 was created in the Universal An FCC Form 602 was created in the Universal Licensing System as a result of the
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- For the Blanco auction, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Tuesday, February 1, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short-form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/80/releases/da000863.doc http://wireless.fcc.gov/auctions/80/releases/da000863.pdf http://wireless.fcc.gov/auctions/80/releases/da000863.txt
- For the Blanco auction, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Tuesday, February 1, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short-form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/80/releases/da001226.doc http://wireless.fcc.gov/auctions/80/releases/da001226.pdf http://wireless.fcc.gov/auctions/80/releases/da001226.txt
- acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between the bidders he/she is authorized to represent in the auction. Also, if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm), a violation could similarly occur. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
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- Auctions On-Line) of this Public Notice provides instructions for reviewing and downloading round results, and other material related to Auction No. 80 released by the Commission during the course of the auction. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
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- of an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105( c ) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/81/releases/da001383.doc http://wireless.fcc.gov/auctions/81/releases/da001383.pdf http://wireless.fcc.gov/auctions/81/releases/da001383.txt
- the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/82/releases/da011300.doc http://wireless.fcc.gov/auctions/82/releases/da011300.pdf http://wireless.fcc.gov/auctions/82/releases/da011300.txt
- preclude the initiation of an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://wireless.fcc.gov/auctions/82/releases/da012605.pdf http://wireless.fcc.gov/auctions/82/releases/da012605.txt
- the short-form application under Section 1.2105(c), even if the agreement had not been reduced to writing. If parties had not agreed in principle by the filing deadline, an applicant should not have included the names of those parties on its application, and must not have continued negotiations with other applicants for licenses in the same geographic area.20 In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional importance to that application.21 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://wireless.fcc.gov/auctions/82/releases/da020004.pdf http://wireless.fcc.gov/auctions/82/releases/da020004.txt
- to dismissal will be refunded automatically. We remind applicants that to avoid untimely upfront payments they should discuss arrangements (including bank closing schedules) with their banker several days before making the wire transfer, and allow sufficient time for the transfer to be initiated and completed before the deadline. Detailed 2 See 47 C.F.R. 1.2106. 3 See 47 C.F.R. 1.65. 4 Id. 3 information regarding upfront payments including additional requirements for "former defaulters" can be found in the Auction No. 82 Procedures Public Notice under Section III.C.5 Note: Applicants are reminded to submit the same FRN with all future payments. OTHER IMPORTANT INFORMATION Qualified Bidders: Approximately one week after the upfront payment deadline, following Commission review of resubmitted FCC Form
- http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.txt
- permitted to participate in the mock auction. Telephonic bidding will also be available. As a contingency, the FCC Wide Area Network, which requires access to a 900 number telephone service, will be available as well. Qualified bidders that wish to place bids telephonically, should use the telephone number supplied in the Auction No. 82 registration materials. 3 47 C.F.R 1.65. 4 47 C.F.R. 1.2105(b). 5 Id. 6 Auction No. 82 Procedures Public Notice at 5-6. 5 The mock auction will include all Auction No. 82 construction permits, and will follow the rules governing the actual auction. The mock auction will be identified as Auction No. 74. The program will assume that each bidder applied for all construction permits. The
- http://wireless.fcc.gov/auctions/anticollusion/releases/da952404.pdf
- the acquisition agreement as legally effective and binding to this extent. I5 See First Aucuon of Interactive Video and Data Service (IVDS) Licenses. Request for Waiver of 4,ppllcarlons Deadline. 10 FCC Red 5415 ( 199%. . " See 17 C.F R. $ 21.953(a). --. 6 .. `. .Accordingly . based on the above.the pames' lolnt requests ARE DESIEDPursuant LJ Section 1.65 of the Commlssion'j rules.such requests ~111 be Incorporated wrrh dnd ma& pan of PTE's short-form applica[`on Sincere!\ --q-,-. -
- http://wireless.fcc.gov/auctions/anticollusion/releases/fcc01270.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/fcc01270.txt
- bids or bidding strategy could have a deleterious effect on the integrity and competitiveness of our auctions and that it is therefore essential to explicitly prohibit such discussions. B. Required Disclosure of Communications Regarding Bids or Bidding Strategies 9. Background. Whenever the information furnished in a pending application is no longer substantially accurate and complete in all significant respects, Section 1.65(a) of the Commission's rules requires the applicant to amend the application so as to furnish additional or corrected information "as promptly as possible and in any event within 30 days. . . ."19 Pursuant to Section 1.65(a), auction applicants are required to maintain the accuracy and completeness of their pending short-form applications. Because the short-form application contains a certification under
- http://wireless.fcc.gov/auctions/conferences/combin2000/releases/98540191.pdf
- in each environment: 8 See "Testing Combinatorial and Non-Combinatorial Auction Designs: Environment and Testing Protocol Report" prepared for the Federal Communications Commission by Cybernomics Inc., April 12, 1999 (Contract # C-9854019) for a detailed description of the parameter values. 1 2 3 4 5 6 7 8 10 Table 3.1.1 Environment High 175 1 230 2.05 Medium 150 1 229 1.65 Low 78 .65 120 1.65 3.2 Subject Pool and Procedures A total of 150 subjects were recruited during the 1999 Spring semester from upper-class courses in accounting, information systems, economics and engineering at the University of Arizona to participate in the SMR experiments. Each subject was trained in the auction rules through a series of 3 two-hour experimental sessions in
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- superadditivity; (3) medium superadditivity; and (4) high superadditivity. The four environments were generated by varying the parameters, , , , and , the separate increases in which lead to an increase in the degree of license value superadditivity.12 Table 3.3.1 below shows the parameters used in each environment: Table 3.1.1 Environment High 175 1 230 2.05 Medium 150 1 229 1.65 Low 78 .65 120 1.65 . In addition to the conditions established by the parameter values, we also varied other characteristics of the bidding environment that may, according to Charles Rivers and Associates (See CRA Report 1B (1998) pages 5-7), create performance difficulties for the SMR auction. These other characteristics were: 1. Number of bidders 2. Existence of a Competitive
- http://wireless.fcc.gov/auctions/conferences/combin2001/papers/vsmith.pdf
- Eligibility Point Assignments License A B C D E F G H I J Points 1 2 3 4 5 1 2 3 4 5 Table 2: 2 x 2 Experimental Treatments Nonflexible Flexible Equal Baseline Flexible Eligibility Unequal Point Differentiation Flexible Eligibility & Point Differentiation Table 3: Parameter Values Environment High 175 1 230 2.05 Medium 150 1 229 1.65 Low 78 .65 120 1.65 Table 4: Mean (Median) Efficiency by Treatment: Additive Environment Nonflexible Flexible Equal 96.4 (100) 96.9 (100) Unequal 93.6 (93.8) 96.2 (100) Table 5: Count of 100% Efficient Outcomes by Treatment: Additive Environment (n = number of total experiments) Nonflexible Flexible Equal 6 (n=10) 5 (n=7) Unequal 3 (n=7) 6 (n=9) Table 6: Linear Model Parameter
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- licenses in the same geographic license areas. Because of the potential anti-competitive results of 183 allowing bidders to delete markets after the short-form filing deadline, however, we believe that this type of error can be more effectively addressed by other means, including increased awareness on the part of prospective auction applicants of Federal Communications Commission FCC 97-413 47 C.F.R. 1.65. 184 See, e.g., Letter to Linda Feldmann from Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis 185 Division, Wireless Telecommunications Bureau, DA 97-2261 (rel. October 24, 1997). See 47 C.F.R. 1.2105(b)(2). 186 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Second Order on 187 Reconsideration and Seventh Report and Order, PP Docket No. 93-253, 11
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- Inc., personal communication to David Wye, Aug. 23, 1996, p. 1. McKinley goes on to state, "one well-known manufacturer recently inquired as to the price a local SMR would charge for provision of a plain vanilla 800 MHz voice dispatch system. The price quoted was four cents per call with the manufacturer required to purchase all of the mobiles. With 1.65 million calls per month, the cost for the service would have been far greater than the cost of owning and operating private facilities. Moreover, the SMR advised that it would cost $2.5 million to build the system and that, even at the quoted price, it was not worth it since the SMR could earn a greater return by investing in
- http://wireless.fcc.gov/rss/index.htm?job=ainf&id=64
- close of Auction No. 64 along with the list of winning bidders and other closing procedures.http://wireless.fcc.gov/auctions/default.htm?job=release&id= 26&y=2006Thu, 23 Mar 2006 05:00:00 GMT Summary Permits: Auction No. 64 will offer 11 construction permits for full power television stations. Qualified Bidders: 25 Rounds Completed: 17 Bidding Days: 4 Results for Round 17 Gross Revenue: $24,963,000.00 - Dollar Change: 405000.00 - % Change: 1.65 Net Revenue: $21,673,000.00 - Dollar Change: 221750.00 - % Change: 1.03 New Bids: 3 Withdrawn Bids: 0 Proactive Waivers: 0 Bidders that Reduced Eligibility: 1 Permits with PWBs*: 10 FCC Held Permits: 1 Eligible Bidders: 10 (of 25 qualified bidders) * PWBs = Provisionally Winning Bidders http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=64M on, 20 Mar 2006 10:15:01 EST Summary Permits: Auction No. 64 will offer
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- investigation concerning: 1) potential violations of certain sections of the Communications Act dealing with the terms under which the Bell Companies may provide long distance service (i.e., sections 271 and 272); 2) potential violations of a Commission rule that requires FCC license applicants to notify the Commission of changes in information provided during a license application proceeding (i.e., 47 C.F.R. 1.65); and 3) possibly inaccurate statements made to the Commission by SBC employees. In addition to SBC's $1.3 million payment, highlights of the Consent Decree include the following: * SBC's adoption of a comprehensive compliance plan designed to ensure future compliance with sections 271 and 272 in the context of mergers; and * SBC's creation of a training program on the
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- 184. BOCs are required under our rules to maintain "the continuing accuracy and completeness of information" furnished to the Commission. See Application by Ameritech Michigan Pursuant to Section 271 of the Communications Act of 1934, as amended, to Provide In-Region, InterLATA Services in Michigan, CC Docket No. 97-1, Order, 12 FCC Rcd 3309, 3323 (1997) (Ameritech Order) (citing 47 C.F.R. 1.65(a) (stating that it is essential that our decision on a section 271 application be based on an accurate current record). See December 6th Public Notice. 185. SBC Application, Appendix-Volume I, Tab 18 at 7, para. 13. 186. As CPI observes, SBC did not provide the Commission with the full list of carriers that initiated the 45 requests, nor information about
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fc99153a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fc99153a.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fc99153a.txt
- Communications Inc. (``SBC'') hereby enter this Consent Decree for the purpose of terminating an investigation by the Commission into: (1) potential violations of sections 271 and 272 of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. 271, 272 (``section 271'' and ``section 272''), and the Commission's rules and regulations implementing these provisions; (2) potential violations of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; and (3) possibly inaccurate statements made to the Commission by SBC employees. II. Background 2. On January 4, 1998, SBC and Southern New England Telecommunications Corporation (``SNET'') agreed to a plan of merger under which SNET would become a wholly owned, first-tier subsidiary of SBC. On February 20, 1998, SBC and SNET
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- In the Matter of ) ) SBC Communications Inc. ) ) ORDER Adopted: June 28, 1999: Released: June 28, 1999: By the Commission: 1. The Commission has been conducting an informal investigation into potential violations by SBC Communications Inc. (SBC) of sections 271 and 272 of the Communications Act of 1934, as amended, 47 U.S.C. 271, 272, and of section 1.65 of the Commission's rules, 47 C.F.R. 1.65, as well as possibly inaccurate statements made to the Commission by SBC employees. 2. The Commission and SBC have negotiated the terms of a Consent Decree that would terminate the Commission's informal investigation. A copy of the Consent Decree is attached hereto. 3. We have reviewed the terms of the Consent Decree and
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- cuts. See Bell Atlantic Dowell/Canny Reply Decl. Attach. B at 47. In June, competing carriers reported troubles within 7 days for 1.28 percent of the loops installed by Bell Atlantic, and retail customers reported troubles with 2.85 percent of installed loops. Bell Atlantic Dowell/Canny Decl. Attach. D at 80 (metric PR-6-02 - Loop for June 1999). July data indicate that 1.65 percent of loops installed for competing carriers received trouble reports, and 2.90 percent of Bell Atlantic retail loops had reported troubles. Id. at 92 (metric PR-6-02 - Loop for July 1999). In August, competing carriers reported troubles within 7 days for 1.57 percent of the loops installed by Bell Atlantic, and retail customers reported troubles with 2.92 percent of installed
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- Telephone even though it is still 46 BellSouth Reply at 31; BellSouth Varner Reply Aff. at para. 9. 47 BellSouth Varner Aff. at paras. 39-68; BellSouth Varner Reply Aff. at paras. 5, 29, 45, 47-66. See also BellSouth Multistate Order, 17 FCC Rcd at 17604, para. 16; BellSouth Georgia/Louisiana Order, 17 FCC Rcd at 9030, para. 19. 48 47 C.F.R. 1.65. BellSouth acknowledges that it is bound by this rule. BellSouth Varner Reply Aff. at para. 11. 49 We also note that submission of false data to the Commission could subject BellSouth to criminal prosecution under 18 U.S.C. 1001. 50 BellSouth Varner Reply Aff. at paras. 20-21. But see AT&T Bursh/Norris/Bell Supp. Decl. at paras. 28-54. 51 PMAP is the
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/pntris03.pdf
- 1994 3.50 80.2% 84.4% 89.8% 4.1% * 5.4%* 89.9% 92.1% 95.1% 2.2% * 2.9%* Georgia 1991 3.43 69.1% 81.6% 86.0% 12.5% * 4.4% 85.9% 90.4% 94.8% 4.5% * 4.4%* Hawaii 1987 0.00 76.1% 89.9% 93.9% 13.8% * 4.0% 94.0% 94.9% 97.8% 0.9% 2.9% Idaho 1987 3.48 78.4% 87.9% 88.2% 9.4% * 0.3% 90.6% 95.0% 95.5% 4.4% * 0.5% Illinois 1998 1.65 87.8% 83.2% 80.0% -4.6% -3.2% 95.6% 93.5% 92.3% -2.0% -1.3% Indiana 1998 0.51 80.4% 91.6% 87.5% 11.2% * -4.2% 92.0% 94.3% 94.1% 2.2% -0.2% Iowa 1998 0.03 89.7% 87.7% 93.2% -2.0% 5.4% 95.8% 96.1% 96.7% 0.3% 0.7% Kansas 1998 3.50 86.5% 87.0% 89.1% 0.4% 2.1% 94.5% 94.9% 96.0% 0.4% 1.1% Kentucky 1998 3.48 72.1% 87.7% 84.7% 15.6% * -3.0% 87.1%
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
- 4.80 4.00 3.83 1982 1.76 $1.53 $1.53 2.38 $1.54 $1.55 3.00 $1.94 $1.92 3.90 3.28 3.27 4.09 3.42 3.43 4.37 3.63 3.62 4.49 3.74 3.74 4.60 3.84 3.85 5.15 4.32 4.32 1983 1.76 1.54 1.54 2.38 2.10 2.09 3.00 2.70 2.69 3.90 3.28 3.29 4.09 3.42 3.43 4.37 3.63 3.62 4.49 3.74 3.74 4.60 3.84 3.83 5.15 4.32 4.32 1984 1.65 1.48 1.62 2.27 1.96 2.19 2.79 2.56 2.76 3.69 3.33 3.49 3.87 3.48 3.63 4.06 3.72 3.80 4.18 3.84 3.98 4.29 3.96 4.06 4.83 4.47 4.67 1985 1.98 1.80 1.70 2.59 2.33 2.00 3.00 2.82 2.20 3.48 3.29 3.34 3.66 3.48 3.45 3.85 3.72 3.63 3.97 3.84 3.70 4.07 3.96 3.80 4.43 4.28 4.10 1986 1.75 1.67 1.61 2.26 2.12
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
- Call AT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprintAT&TWorldComSprint 1980$0.65 $0.91 $1.52 $2.04 $0.71 $0.92 $2.30 $0.77 $1.00 $2.43 $0.84 $1.08 $2.45 $0.97 $1.16 $2.58 $1.08 $1.28 $2.71 $1.15 $1.32 19810.73 1.05 1.80 2.38 1.41 1.07 2.64 1.57 1.16 2.83 1.68 1.25 2.85 1.69 1.35 2.98 1.77 1.48 3.11 1.85 1.53 19821.05 $0.65 $0.61 1.42 $0.89 $0.84 1.80 $1.12 $1.05 2.33 1.46 1.39 2.45 1.45 1.44 2.62 1.65 1.54 2.69 1.69 1.60 2.76 1.73 1.63 3.09 1.93 1.82 19831.05 0.92 0.89 1.42 1.26 1.19 1.80 1.39 1.30 2.33 1.61 1.59 2.45 1.70 1.68 2.62 1.81 1.72 2.69 1.86 1.80 2.76 1.91 1.82 3.09 2.13 1.99 19840.99 0.90 0.97 1.36 1.21 1.31 1.67 1.55 1.65 2.21 2.05 2.09 2.32 2.19 2.23 2.43 2.25 2.33 2.50 2.40 2.43 2.57 2.47
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
- 1945 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 6.15 4.95 4.95 6.70 5.50 5.50 February 1, 1946 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 5.55 4.45 4.45 6.70 5.50 5.50 March 1, 1952 0.250.250.25 0.500.500.50 1.051.051.05 1.251.051.05 2.201.20 1.20 2.801.75 1.75 3.952.852.85 5.55 4.45 4.45 6.70 5.50 5.50 October 1, 1953 0.250.250.25 0.500.500.50 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 2.20 4.303.303.30 5.90 4.80 4.80 7.05 5.85 5.85 September 19, 19590.250.250.25 0.500.500.50 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 2.20 4.253.253.25 4.95 3.85 3.85 6.45 4.90 4.90 April 4, 1963 0.450.450.45 0.550.550.55 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 1.65 4.253.252.10 4.95 3.85 2.65 6.45 4.90 2.75 February 1, 1965 0.450.450.45 0.550.550.55 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 1.65 4.252.752.10 4.95 3.25 2.55 6.45
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
- 1945 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 6.15 4.95 4.95 6.70 5.50 5.50 February 1, 1946 0.200.200.20 0.350.350.35 1.051.051.05 1.201.051.05 2.201.20 1.20 2.801.75 1.75 4.453.303.30 5.55 4.45 4.45 6.70 5.50 5.50 March 1, 1952 0.250.250.25 0.500.500.50 1.051.051.05 1.251.051.05 2.201.20 1.20 2.801.75 1.75 3.952.852.85 5.55 4.45 4.45 6.70 5.50 5.50 October 1, 1953 0.250.250.25 0.500.500.50 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 2.20 4.303.303.30 5.90 4.80 4.80 7.05 5.85 5.85 September 19, 19590.250.250.25 0.500.500.50 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 2.20 4.253.253.25 4.95 3.85 3.85 6.45 4.90 4.90 April 4, 1963 0.450.450.45 0.550.550.55 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 1.65 4.253.252.10 4.95 3.85 2.65 6.45 4.90 2.75 February 1, 1965 0.450.450.45 0.550.550.55 1.051.051.05 1.601.101.10 2.201.65 1.65 3.152.20 1.65 4.252.752.10 4.95 3.25 2.55 6.45
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/strev-96.pdf
- 0.41 266 IDAHO 2,268,441 2,493,562 0.53 345 ILLINOIS 19,160,743 19,662,824 4.17 2,722 INDIANA 8,054,187 8,428,026 1.79 1,167 IOWA 3,884,280 4,644,890 0.99 643 KANSAS 3,875,660 4,605,202 0.98 638 KENTUCKY 5,083,237 6,562,130 1.39 908 LOUISIANA 5,799,867 6,250,868 1.33 865 MAINE 1,965,019 2,341,167 0.50 324 MARYLAND 10,549,899 10,570,086 2.24 1,463 MASSACHUSETTS 12,412,144 12,423,500 2.64 1,720 MICHIGAN 11,905,605 12,318,560 2.61 1,705 MINNESOTA 5,881,454 7,799,540 1.65 1,080 MISSISSIPPI 3,647,418 3,891,137 0.83 539 MISSOURI 8,111,749 8,716,072 1.85 1,207 MONTANA 1,255,671 1,808,034 0.38 250 NEBRASKA 2,575,506 2,950,203 0.63 408 NEVADA 4,456,530 4,666,524 0.99 646 NEW HAMPSHIRE 3,127,133 3,329,387 0.71 461 NEW JERSEY 21,494,363 21,526,770 4.57 2,980 NEW MEXICO 3,088,107 3,428,588 0.73 475 NEW YORK 34,382,011 35,514,487 7.53 4,916 NORTH CAROLINA 11,320,037 13,132,294 2.79 1,818 NORTH DAKOTA 893,861 1,524,567
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/strev-97.pdf
- IOWA 680 1,013 1,693 0.90 98.47 99.71 KANSAS 684 1,059 1,743 0.93 98.47 99.73 KENTUCKY 872 1,411 2,283 1.22 98.47 99.72 LOUISIANA 947 1,708 2,655 1.42 98.48 99.71 MAINE 314 476 790 0.42 98.48 99.82 MARYLAND 1,540 2,324 3,864 2.06 98.47 99.71 MASSACHUSETTS 1,942 2,970 4,912 2.62 98.47 99.75 MICHIGAN 1,948 4,655 6,603 3.52 98.49 99.72 MINNESOTA 1,207 1,884 3,090 1.65 98.47 99.71 MISSISSIPPI 573 993 1,565 0.84 98.47 99.75 MISSOURI 1,313 2,145 3,459 1.85 98.48 99.73 MONTANA 260 348 609 0.32 98.46 99.74 NEBRASKA 434 775 1,208 0.64 98.48 99.73 NEVADA 675 564 1,238 0.66 98.44 99.73 NEW HAMPSHIRE 473 494 968 0.52 98.45 99.79 NEW JERSEY 3,079 4,076 7,155 3.82 98.46 99.72 NEW MEXICO 484 605 1,089 0.58 98.46
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/strev-99.pdf
- 0.00 13,967 0.48 -13,967 -0.48 Delaware 0 0 0 0.00 3,536 0.51 -3,536 -0.51 Dist. of Columbia 0 0 0 0.00 5,017 0.45 -5,017 -0.45 Florida 10,582 0 10,582 0.08 59,126 0.44 -48,544 -0.36 Georgia 42,691 0 42,691 0.68 28,217 0.45 14,474 0.23 Hawaii 379 0 379 0.04 3,361 0.39 -2,982 -0.34 Idaho 18,866 0 18,866 2.14 4,389 0.50 14,477 1.65 Illinois 6,704 0 6,704 0.07 38,542 0.39 -31,838 -0.32 Indiana 4,799 122 4,921 0.11 15,986 0.36 -11,065 -0.25 Iowa 4,381 0 4,381 0.22 8,481 0.42 -4,100 -0.20 Kansas 38,856 0 38,856 1.88 8,771 0.42 30,085 1.46 Kentucky 8,727 769 9,496 0.36 10,909 0.41 -1,413 -0.05 Louisiana 43,967 0 43,967 1.42 12,029 0.39 31,939 1.03 Maine 6,038 0 6,038 0.58 3,905
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend100.pdf
- 2.95 4.10 1937 0.22 0.35 14.4 2.45 3.96 1938 0.21 0.26 14.1 2.48 2.95 1939 0.22 0.26 13.9 2.53 2.99 1940 0.21 0.26 14.0 2.45 2.97 1941 0.21 0.26 14.7 2.30 2.83 1942 0.22 0.26 16.3 2.16 2.55 1943 0.21 0.22 17.3 1.98 2.07 1944 0.22 0.22 17.6 1.99 2.04 1945 0.21 0.22 18.0 1.92 1.99 1946 0.20 0.22 19.5 1.65 1.84 1947 0.19 0.22 22.3 1.40 1.61 1948 0.19 0.22 24.1 1.26 1.49 1949 0.19 0.22 23.8 1.29 1.51 1950 0.19 0.22 24.1 1.31 1.49 1951 0.20 0.22 26.0 1.26 1.38 1952 0.20 0.22 26.5 1.24 1.35 1953 0.21 0.22 26.7 1.27 1.34 1954 0.22 0.22 26.9 1.35 1.33 1955 0.23 0.22 26.8 1.40 1.34 1956 0.23 0.22 27.2 1.40
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend299.pdf
- 2.95 4.10 1937 22 35 14.4 2.45 3.96 1938 21 26 14.1 2.48 2.95 1939 22 26 13.9 2.53 2.99 1940 21 26 14.0 2.45 2.97 1941 21 26 14.7 2.30 2.83 1942 22 26 16.3 2.16 2.55 1943 21 22 17.3 1.98 2.07 1944 22 22 17.6 1.99 2.04 1945 21 22 18.0 1.92 1.99 1946 20 22 19.5 1.65 1.84 1947 19 22 22.3 1.40 1.61 1948 19 22 24.1 1.26 1.49 1949 19 22 23.8 1.29 1.51 1950 19 22 24.1 1.31 1.49 1951 20 22 26.0 1.26 1.38 1952 20 22 26.5 1.24 1.35 1953 21 22 26.7 1.27 1.34 1954 22 22 26.9 1.35 1.33 1955 23 22 26.8 1.40 1.34 1956 23 22 27.2 1.40
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend502.pdf
- 3.84 0.88 80.71 29.27 109.98 Indiana 27.97 5.04 14.91 24.44 2.03 0.99 75.38 21.60 96.98 Iowa 21.66 5.05 9.02 24.86 3.73 0.91 65.22 22.49 87.71 Kansas 29.05 4.81 9.67 27.50 2.42 1.14 74.60 21.61 96.21 Kentucky 35.54 5.59 11.21 27.84 1.00 1.17 82.34 21.55 103.89 Louisiana 38.28 5.55 8.31 24.58 1.04 0.79 78.56 23.37 101.93 Maine 26.06 4.81 18.10 27.34 1.65 1.33 79.29 19.24 98.53 Maryland 28.66 5.23 8.34 29.45 1.60 0.84 74.12 23.56 97.68 Massachusetts 26.42 5.51 13.90 29.50 4.42 1.18 80.94 27.32 108.25 Michigan 26.12 4.70 22.25 20.19 2.22 0.89 76.36 25.62 101.98 Minnesota 27.87 5.43 7.50 26.00 3.53 1.15 71.49 27.01 98.50 Mississippi 45.98 5.48 8.19 28.68 1.72 0.91 90.96 25.29 116.25 Missouri 29.66 4.86 11.67 25.34 2.16
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend504.pdf
- 7.75 9.50 9.46 7.75 13.00 12.89 Guam 7.75 7.75 7.75 3.50 3.50 3.50 1.75 1.75 1.75 9.50 9.50 9.50 13.00 13.00 13.00 Hawaii 7.75 7.75 7.75 0.00 0.00 0.00 0.00 0.00 0.00 7.75 7.75 7.75 7.75 7.75 7.75 Idaho 6.75 7.75 7.75 0.00 3.50 3.48 0.00 1.75 1.74 6.75 9.50 9.49 6.75 13.00 12.97 Illinois 6.24 7.75 6.65 0.00 3.50 1.65 0.00 1.75 0.82 6.24 9.50 7.47 6.24 13.00 9.12 Indiana 7.27 7.75 7.38 0.00 0.66 0.51 0.00 0.33 0.25 7.27 8.08 7.64 7.27 8.74 8.15 Iowa 5.25 7.75 6.92 0.00 3.50 0.03 0.00 1.75 0.01 5.25 9.50 6.93 5.25 13.00 6.96 Kansas 5.25 7.75 7.07 0.00 3.50 3.50 0.00 1.75 1.75 5.25 9.50 8.82 5.25 13.00 12.31 Kentucky 6.94 7.75
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend605.pdf
- Nevada 5.25 8.25 6.53 0.00 3.50 2.91 0.00 1.75 1.45 5.25 10.00 7.98 5.25 13.50 10.89 New Hampshire 8.20 8.25 8.20 0.00 0.00 0.00 0.00 0.00 0.00 8.20 8.25 8.20 8.20 8.25 8.20 New Jersey 7.38 8.06 8.05 0.00 3.46 3.43 0.00 1.73 1.71 7.38 9.79 9.77 7.38 13.25 13.20 New Mexico 7.91 8.25 8.24 0.00 3.50 3.29 0.00 1.75 1.65 7.91 10.00 9.89 7.91 13.50 13.18 New York 6.17 8.25 8.09 0.00 3.50 3.30 0.00 1.75 1.65 6.17 10.00 9.73 6.17 13.50 13.03 North Carolina 7.83 8.25 8.08 3.50 3.50 3.49 1.75 1.75 1.75 9.58 10.00 9.83 13.08 13.50 13.32 North Dakota 3.50 8.25 8.00 0.00 3.50 1.86 0.00 1.75 0.93 3.50 10.00 8.93 3.50 13.50 10.79 N. Marianna Islands
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/trend803.pdf
- 7.75 9.50 9.46 7.75 13.00 12.89 Guam 7.75 7.75 7.75 3.50 3.50 3.50 1.75 1.75 1.75 9.50 9.50 9.50 13.00 13.00 13.00 Hawaii 7.75 7.75 7.75 0.00 0.00 0.00 0.00 0.00 0.00 7.75 7.75 7.75 7.75 7.75 7.75 Idaho 6.75 7.75 7.75 0.00 3.50 3.48 0.00 1.75 1.74 6.75 9.50 9.49 6.75 13.00 12.97 Illinois 6.24 7.75 6.65 0.00 3.50 1.65 0.00 1.75 0.82 6.24 9.50 7.47 6.24 13.00 9.12 Indiana 7.27 7.75 7.38 0.00 0.66 0.51 0.00 0.33 0.25 7.27 8.08 7.64 7.27 8.74 8.15 Iowa 5.25 7.75 6.92 0.00 3.50 0.03 0.00 1.75 0.01 5.25 9.50 6.93 5.25 13.00 6.96 Kansas 5.25 7.75 7.07 0.00 3.50 3.50 0.00 1.75 1.75 5.25 9.50 8.82 5.25 13.00 12.31 Kentucky 6.94 7.75
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/itrnd00.pdf
- 0.64 0.51 Haiti 1.45 1.45 1.40 1.35 1.30 1.25 1.20 1.20 1.20 1.20 1.00 1.00 Hong Kong 2.35 2.20 1.90 1.60 1.20 1.00 1.00 0.94 0.79 0.72 0.14 0.13 India 2.25 2.25 2.25 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 Israel 24/ 2.40 2.40 2.40 2.28 2.16 2.16 1.90 1.18 0.70 0.59 0.30 0.30 Italy 2.15 2.14 2.04 1.65 1.51 1.22 0.71 0.52 0.33 0.22 0.22 0.21 Jamaica 1.75 1.65 1.60 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 Japan 24/ 1.76 1.91 1.62 1.31 1.04 0.94 0.94 0.91 0.86 0.29 0.29 0.27 Korea, Rep. 2.36 2.10 1.90 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 Mexico 25/ 0.89 0.79 0.75 0.72 0.68 0.58 0.53 0.48 0.40
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/itrnd01.pdf
- 1.41 1.26 1.01 0.86 0.55 0.30 Guatemala 1.40 1.30 1.20 1.18 1.00 0.90 0.77 0.64 0.51 Haiti 1.35 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.70 0.60 0.46 Hong Kong 1.60 1.20 1.00 1.00 0.94 0.79 0.72 India 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.68 0.46 0.46 Israel 2.28 2.16 2.16 1.90 1.18 0.70 0.59 Italy 1.65 1.51 1.22 0.71 0.52 0.33 Jamaica 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 Japan 1.31 1.04 0.94 0.94 0.91 0.86 Korea, Rep. 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 Mexico 19/ 0.72 0.68 0.58 0.53 0.485 0.395 0.37 0.19 0.19 0.19 0.19 0.19 Morocco 3.03 3.04 3.27 1.78 1.45 1.09 0.83 0.82 0.77 0.38 Netherlands 0.69
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-1.pdf
- 1,375 74 Iowa 530 0.79 505 2 571 31 Kansas 630 0.93 600 2 678 36 Kentucky 1,000 1.48 953 3 1,076 58 Louisiana 1,247 1.85 1,188 4 1,342 72 Maine 310 0.46 296 1 334 18 Maryland 1,394 2.07 1,329 5 1,501 80 Massachusetts 1,379 2.04 1,314 5 1,484 79 Michigan 2,026 3.00 1,930 7 2,180 117 Minnesota 1,113 1.65 1,061 4 1,198 64 Mississippi 866 1.28 825 3 932 50 Missouri 1,351 2.00 1,288 4 1,454 78 Montana 210 0.31 200 1 225 12 Nebraska 479 0.71 456 2 515 28 Nevada 399 0.59 380 1 429 23 New Hampshire 267 0.40 255 1 288 15 New Jersey 1,809 2.68 1,724 6 1,947 104 New Mexico 369 0.55 352
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-2.pdf
- 7.75 9.50 9.46 7.75 13.00 12.89 Guam 7.75 7.75 7.75 3.50 3.50 3.50 1.75 1.75 1.75 9.50 9.50 9.50 13.00 13.00 13.00 Hawaii 7.75 7.75 7.75 0.00 0.00 0.00 0.00 0.00 0.00 7.75 7.75 7.75 7.75 7.75 7.75 Idaho 6.75 7.75 7.75 0.00 3.50 3.48 0.00 1.75 1.74 6.75 9.50 9.49 6.75 13.00 12.97 Illinois 6.24 7.75 6.65 0.00 3.50 1.65 0.00 1.75 0.82 6.24 9.50 7.47 6.24 13.00 9.12 Indiana 7.27 7.75 7.38 0.00 0.66 0.51 0.00 0.33 0.25 7.27 8.08 7.64 7.27 8.74 8.15 Iowa 5.25 7.75 6.92 0.00 3.50 0.03 0.00 1.75 0.01 5.25 9.50 6.93 5.25 13.00 6.96 Kansas 5.25 7.75 7.07 0.00 3.50 3.50 0.00 1.75 1.75 5.25 9.50 8.82 5.25 13.00 12.31 Kentucky 6.94 7.75
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-3.pdf
- 0.00 0.00 2.94 Hawaii 0.23 0.00 0.01 0.26 0.28 0.21 0.99 Idaho 2.28 0.00 0.39 1.66 0.24 0.80 5.36 Illinois 0.12 0.00 0.07 0.13 0.05 0.13 0.50 Indiana 0.14 0.00 0.12 0.53 0.06 0.19 1.04 Iowa 0.30 0.00 0.39 0.32 0.33 0.78 2.12 Kansas 2.61 0.00 0.59 0.45 0.38 0.68 4.71 Kentucky 0.81 0.12 0.19 0.61 0.16 0.18 2.07 Louisiana 1.65 0.00 0.55 0.34 0.09 0.22 2.85 Maine 0.78 0.52 0.58 0.03 0.18 0.74 2.83 Maryland 0.00 0.00 0.00 0.07 0.01 0.01 0.10 Massachusetts 0.00 0.00 0.00 0.00 0.00 0.01 0.02 Michigan 0.35 0.00 0.14 0.00 0.03 0.11 0.63 Minnesota 0.68 0.00 0.37 0.11 0.24 0.52 1.93 Mississippi 1.34 6.71 0.35 0.96 0.13 0.24 9.73 Missouri 1.07 0.00 0.25 0.36 0.19
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-2.pdf
- Nevada 5.25 8.25 6.47 0.00 3.50 2.99 0.00 1.75 1.49 5.25 10.00 7.96 5.25 13.50 10.95 New Hampshire 8.20 8.25 8.20 0.00 0.00 0.00 0.00 0.00 0.00 8.20 8.25 8.20 8.20 8.25 8.20 New Jersey 7.38 8.06 8.05 0.00 3.44 3.41 0.00 1.72 1.70 7.38 9.78 9.76 7.38 13.22 13.17 New Mexico 7.92 8.25 8.24 0.00 3.50 3.31 0.00 1.75 1.65 7.92 10.00 9.89 7.92 13.50 13.20 New York 6.17 8.25 8.09 0.00 3.50 3.30 0.00 1.75 1.65 6.17 10.00 9.74 6.17 13.50 13.04 North Carolina 7.83 8.25 8.09 3.50 3.50 3.49 1.75 1.75 1.75 9.58 10.00 9.83 13.08 13.50 13.33 North Dakota 5.25 8.25 8.00 0.00 3.50 1.93 0.00 1.75 0.96 5.25 10.00 8.96 5.25 13.50 10.89 N. Marianna Islands
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-3.pdf
- 0.01 0.79 3.04 Maryland 0.01 0.00 0.00 0.00 0.01 0.04 0.01 0.07 Massachusetts 0.00 0.00 0.00 0.00 0.01 0.00 0.02 0.03 Michigan 0.31 0.00 0.00 0.14 0.05 0.00 0.11 0.62 Minnesota 0.77 0.02 0.00 0.36 0.50 0.14 0.48 2.27 Mississippi 1.13 0.00 7.17 0.31 0.25 1.04 0.19 10.10 Missouri 0.97 0.00 0.00 0.25 0.39 0.35 0.21 2.16 Montana 4.37 0.00 1.65 1.63 1.28 0.15 1.46 10.54 Nebraska 1.29 0.01 0.00 0.37 0.79 0.41 0.99 3.86 Nevada 0.54 0.01 0.00 0.07 0.16 0.58 0.50 1.85 New Hampshire 0.10 0.00 0.00 0.16 0.14 0.37 0.52 1.29 New Jersey 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.02 New Mexico 1.64 0.01 0.00 0.57 0.41 0.74 0.81 4.17 New York 0.07 0.00 0.00 0.04 0.02
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-6.pdf
- 1994 3.50 80.2% 84.4% 89.8% 4.1% * 5.4%* 89.9% 92.1% 95.1% 2.2% * 2.9%* Georgia 1991 3.43 69.1% 81.6% 86.0% 12.5% * 4.4% 85.9% 90.4% 94.8% 4.5% * 4.4%* Hawaii 1987 0.00 76.1% 89.9% 93.9% 13.8% * 4.0% 94.0% 94.9% 97.8% 0.9% 2.9% Idaho 1987 3.48 78.4% 87.9% 88.2% 9.4% * 0.3% 90.6% 95.0% 95.5% 4.4% * 0.5% Illinois 1998 1.65 87.8% 83.2% 80.0% -4.6% -3.2% 95.6% 93.5% 92.3% -2.0% -1.3% Indiana 1998 0.51 80.4% 91.6% 87.5% 11.2% * -4.2% 92.0% 94.3% 94.1% 2.2% -0.2% Iowa 1998 0.03 89.7% 87.7% 93.2% -2.0% 5.4% 95.8% 96.1% 96.7% 0.3% 0.7% Kansas 1998 3.50 86.5% 87.0% 89.1% 0.4% 2.1% 94.5% 94.9% 96.0% 0.4% 1.1% Kentucky 1998 3.48 72.1% 87.7% 84.7% 15.6% * -3.0% 87.1%
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrd99-7.pdf
- 2.95 4.10 1937 22 35 14.4 2.45 3.96 1938 21 26 14.1 2.48 2.95 1939 22 26 13.9 2.53 2.99 1940 21 26 14.0 2.45 2.97 1941 21 26 14.7 2.30 2.83 1942 22 26 16.3 2.16 2.55 1943 21 22 17.3 1.98 2.07 1944 22 22 17.6 1.99 2.04 1945 21 22 18.0 1.92 1.99 1946 20 22 19.5 1.65 1.84 1947 19 22 22.3 1.40 1.61 1948 19 22 24.1 1.26 1.49 1949 19 22 23.8 1.29 1.51 1950 19 22 24.1 1.31 1.49 1951 20 22 26.0 1.26 1.38 1952 20 22 26.5 1.24 1.35 1953 21 22 26.7 1.27 1.34 1954 22 22 26.9 1.35 1.33 1955 23 22 26.8 1.40 1.34 1956 23 22 27.2 1.40
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
- 7.85 15.54 401730 C GTE ARKANSAS INC. 0.92 4.84 -3.74 -36.50 401733 C YELCOT TEL. CO.,INC. 6.37 6.02 0.33 3.49 401734 C YELL COUNTY TELEPHONE COMPANY 3.34 3.03 0.30 0.43 401790 C CONTEL KS DBA GTE SYSTEMS OF ARKANSAS 1.05 4.03 -2.86 -100.00 402080 C GTE SOUTHWEST INC. - AR -9.15 3.42 -12.15 -44.42 403031 C SCOTT COUNTY TELEPHONE COMPANY 1.65 -0.79 2.46 1.85 405211 C SOUTHWESTERN BELL-ARKANSAS 6.97 6.06 0.86 -2.18 TOTAL: CALIFORNIA 0.96 2.32 -1.33 6.43 542301 C CALAVERAS TELEPHONE COMPANY -8.32 10.74 -17.21 -29.15 542302 C CONTEL OF CALIFORNIA, INC. - CA -1.44 3.52 -4.79 0.00 542308 C CITIZENS UTILITIES CO. OF CALIF. 9.88 8.38 1.38 8.90 542311 C CAL-ORE TELEPHONE CO. -0.61 -0.58 -0.03 -3.14 542313 C
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
- Vermont 255,328 21,555 114,730 3.86 6.23 7.10 23 0.23 26 Virgin Islands NA NA NA NA NA NA NA NA NA Virginia 2,714,575 503,579 1,478,897 3.91 6.25 6.76 285 2.77 315 Washington 2,283,603 407,168 1,082,749 3.89 6.13 7.91 240 2.33 264 West Virginia 726,598 43,967 240,281 3.92 6.54 7.79 60 0.58 66 Wisconsin 1,972,910 266,265 964,574 3.82 4.92 5.52 170 1.65 188 Wyoming 177,032 16,700 118,595 3.86 6.53 8.74 22 0.21 24 Total 4/ 101,432,287 18,190,422 53,399,251 NA NA NA $10,283 100.00%$11,384 NA - Not Applicable. 1/ Excludes additional lines for residential customers of price-cap carriers. 2/ A staff estimate of additional lines for price-cap carriers. 3/ SLC for single line business is the same as for residential lines. 4/ Totals
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/00socc.pdf
- 1.45 1.40 1.35 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.92 Hong Kong 2.35 2.20 1.90 1.60 1.20 1.00 1.00 0.94 0.79 0.72 0.14 0.13 0.12 India 2.25 2.25 2.25 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.85 Israel 10/ 2.40 2.40 2.40 2.28 2.16 2.16 1.90 1.18 0.70 0.59 0.30 0.30 0.30 Italy 2.15 2.14 2.04 1.65 1.51 1.22 0.71 0.52 0.33 0.22 0.22 0.21 0.20 Jamaica 1.75 1.65 1.60 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 0.38 Japan 10/ 1.76 1.91 1.62 1.31 1.04 0.94 0.94 0.91 0.86 0.29 0.29 0.27 0.26 Korea, Rep. 2.36 2.10 1.90 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 0.38 Mexico 11/ 0.89 0.791 0.75 0.715 0.68
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/01socc.pdf
- 1.45 1.40 1.35 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.70 0.70 Hong Kong 2.20 1.90 1.60 1.20 1.00 1.00 0.94 0.79 0.72 0.14 0.13 0.13 0.13 India 2.25 2.25 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.85 0.85 Israel 10/ 2.40 2.40 2.28 2.16 2.16 1.90 1.18 0.70 0.59 0.30 0.30 0.30 0.30 Italy 2.14 2.04 1.65 1.51 1.22 0.71 0.52 0.33 0.22 0.22 0.20 0.20 0.20 Jamaica 1.65 1.60 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 0.38 0.38 Japan 10/ 1.91 1.62 1.31 1.04 0.94 0.94 0.91 0.86 0.29 0.29 0.27 0.27 0.27 Korea, Rep. 2.10 1.90 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 0.38 0.38 Mexico 11/ 0.79 0.75 0.72 0.68
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/02socc.pdf
- 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.70 0.60 0.46 Hong Kong 9/ 1.90 1.60 1.20 1.00 1.00 0.94 0.79 0.72 0.14 0.13 0.13 0.13 0.14 India 2.25 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.68 0.46 0.46 Israel 8/ 9/ 2.40 2.28 2.16 2.16 1.90 1.18 0.70 0.59 0.30 0.30 0.30 0.30 0.30 Italy 9/ 2.04 1.65 1.51 1.22 0.71 0.52 0.33 0.22 0.22 0.21 0.20 0.21 0.22 Jamaica 8/ 9/ 1.60 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 0.38 0.38 0.38 Japan 8/ 9/ 1.62 1.31 1.04 0.94 0.94 0.91 0.86 0.29 0.29 0.27 0.27 0.28 0.29 Korea, Rep. 8/ 9/ 1.90 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 0.38 0.38 0.38
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/03socc.pdf
- 1.41 1.26 1.01 0.86 0.55 0.30 Guatemala 1.40 1.30 1.20 1.18 1.00 0.90 0.77 0.64 0.51 Haiti 1.35 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.70 0.60 0.46 Hong Kong 1.60 1.20 1.00 1.00 0.94 0.79 0.72 India 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.68 0.46 0.46 Israel 2.28 2.16 2.16 1.90 1.18 0.70 0.59 Italy 1.65 1.51 1.22 0.71 0.52 0.33 Jamaica 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 Japan 1.31 1.04 0.94 0.94 0.91 0.86 Korea, Rep. 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 Mexico 7/ 0.72 0.68 0.58 0.53 0.485 0.395 0.37 0.19 0.19 0.19 0.19 0.19 Morocco 3.03 3.04 3.27 1.78 1.45 1.09 0.83 0.82 0.77 0.38 Netherlands 0.69
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/95socc.pdf
- 106,000 1,624 50,367 65,800 48,889 SELECTED SBC SPRINT U S WEST, FINANCIAL COMM. INC. CORP. INC. DATA 4/ REVENUES 9,653 12,765 11,746 COSTS & EXPENSES 8,828 10,931 9,101 INTEREST EXPENSE 515 261 527 OTHER INCOME & ADJUSTMENTS 2/ (337) (644) 24 INCOME TAXES 903 534 825 NET INCOME (930) 395 1,317 EARNINGS PER SHARE (1.53) 1.12 2.79 DIVIDENDS PER SHARE 1.65 1.00 2.14 AVG. SHARES OUTSTANDING (MIL.) 609 350 471 TOTAL ASSETS 22,003 15,196 25,071 PROPERTY, PLANT & EQUIP. (NET) 12,988 9,716 14,677 LONG-TERM DEBT 5,672 3,253 6,954 SHAREHOLDERS' EQUITY 6,256 4,643 7,948 OPERATING DATA: CUSTOMER LINES (THOUS.) 14,223 6,700 14,847 NUMBER OF EMPLOYEES 59,300 48,268 61,047 SOURCE: COMPANY ANNUAL REPORTS TO SHAREHOLDERS AND ANNUAL REPORTS FORM 10-K. 1/ OPERATING REVENUES
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/96socc.pdf
- $1.50 $1.07 AUSTRALIA 1.51 1.04JAMAICA 1.59 1.30 AUSTRIA 1.44 1.03JAPAN (INCLUDING OKINAWA) 1.45 1.05 BAHAMAS 1.15 0.92KOREA, REPUBLIC OF 1.82 1.28 BELGIUM 1.55 0.99NETHERLANDS 1.31 0.86 BERMUDA 1.25 1.03PAKISTAN 4.13 2.71 BRAZIL 1.84 1.34PANAMA, REPUBLIC OF 1.75 1.34 CHILE 1.74 1.37PERU 1.99 1.40 CHINA, PEOPLE'S REPUBLIC OF 2.60 2.01PHILIPPINES 2.17 1.46 COLOMBIA 1.86 1.36POLAND, REPUBLIC OF 1.57 1.27 COSTA RICA 1.65 1.23PORTUGAL (INCLUDING AZORES 1.65 1.07 DENMARK 1.46 0.96 AND MADEIRA ISLANDS) DOMINICAN REPUBLIC 1.58 1.32SAUDI ARABIA 2.10 1.65 ECUADOR 1.85 1.52SINGAPORE, REPUBLIC OF 1.65 1.09 EGYPT, ARAB REPUBLIC OF 2.17 1.75SOUTH AFRICA, REPUBLIC OF 1.75 1.31 EL SALVADOR 1.74 1.42SPAIN (INCLUDING BALEARIC 1.62 1.10 FRANCE 1.33 0.86 ISLANDS, CANARY ISLANDS, GERMANY, FEDERAL REPUBLIC OF 1.25 0.82 CEUTA AND MELILLA) (INCLUDING
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/97socc.pdf
- 51.5 49.4 2.15 2.15 NE NEVADA 19.9 (0.220) 20.1 20.0 0.15 0.15 NV NEW HAMPSHIRE 86.2 86.2 86.3 (0.01) (0.01)NH NEW JERSEY 645.3 (0.076) 645.3 627.0 18.39 2.2 4.1 6.3 12.10 NJ NEW MEXICO 61.3 0.004 61.3 61.2 0.05 0.05 NM NEW YORK 267.1 (0.686) 267.8 250.9 16.86 0.1 0.1 0.0 0.2 16.66 NY NORTH CAROLINA 110.7 0.080 110.6 109.0 1.65 1.65 NC NORTH DAKOTA 35.0 1.209 33.8 31.1 2.74 2.74 ND OHIO 254.5 (0.008) 254.5 253.1 1.36 0.2 0.6 0.004 0.8 0.52 OH OKLAHOMA 157.2 157.2 156.5 0.69 0.69 OK OREGON 130.7 4.453 126.3 110.2 16.06 16.06 OR PENNSYLVANIA 521.6 (0.016) 496.7 462.2 34.57 3.3 6.3 9.6 25.01 PA RHODE ISLAND 41.2 41.2 41.3 (0.02) (0.02)RI SOUTH CAROLINA 77.0 77.0
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/98SOCC.PDF
- 0.74 1.42 1.59 3.04 1.03 1.98 0.64 1.22 1978 2.06 3.96 1.34 2.57 0.82 1.58 1.86 3.56 1.21 2.31 0.74 1.42 1.59 3.04 1.03 1.98 0.64 1.22 1979 2.06 3.96 1.34 2.57 0.82 1.58 1.86 3.56 1.21 2.31 0.74 1.42 1.59 3.04 1.03 1.98 0.64 1.22 1980 15/ 2.17 4.17 1.41 2.71 0.87 1.67 1.97 3.77 1.28 2.45 0.79 1.51 1.65 3.15 1.07 2.05 0.66 1.26 1981 16/ 2.50 4.80 1.63 3.12 1.00 1.92 2.29 4.39 1.49 2.85 0.92 1.76 1.92 3.67 1.25 2.39 0.77 1.47 1982 17/ 2.70 5.15 1.62 3.09 1.08 2.06 2.34 4.49 1.40 2.69 0.94 1.80 2.05 3.90 1.23 2.34 0.82 1.56 1983 2.70 5.15 1.62 3.09 1.08 2.06 2.34 4.49 1.40 2.69 0.94 1.80 2.05 3.90
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/99socc.pdf
- 15.1 9.6 2.8 6.9 0.50 0.11 0.22 0.83 6.1SC South Dakota 102.5 66.6 36.0 28.8 7.2 0.43 0.16 0.19 0.78 6.4SD Tennessee 6.9 7.2 (0.3) (0.2) (0.1) (0.65) (0.31) (0.45) (1.40) 1.3TN Texas 187.7 108.7 79.0 56.5 22.5 2.69 0.56 0.89 4.14 18.4TX Utah 1,158.3 806.3 352.0 305.2 46.7 (2.23) 0.82 2.21 0.80 45.9UT Vermont 74.4 44.3 30.2 19.7 10.4 1.65 1.13 1.51 4.30 6.1VT Virginia 11.9 6.3 5.6 1.5 4.1 0.43 0.07 0.14 0.64 3.4VA Washington 400.1 246.6 153.5 99.8 53.7 7.71 5.01 3.28 16.00 37.7WA West Virginia 280.7 176.1 104.6 88.4 16.2 (0.12) (0.68) 0.40 (0.40) 16.6WV Wisconsin 45.1 19.2 25.9 16.2 9.7 1.86 0.44 0.51 2.81 6.9 WI Wyoming 109.3 81.9 27.3 15.5 11.9 0.58 (0.13) 0.19 0.64
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/prelim02socc.pdf
- 1.30 1.25 1.20 1.20 1.20 1.20 1.00 0.92 0.70 0.60 0.46 Hong Kong 10/ 1.90 1.60 1.20 1.00 1.00 0.94 0.79 0.72 0.14 0.13 0.13 0.13 0.14 India 2.25 2.00 1.90 1.80 1.80 1.60 1.42 1.28 1.08 0.85 0.68 0.46 0.46 Israel 8/ 10/ 2.40 2.28 2.16 2.16 1.90 1.18 0.70 0.59 0.30 0.30 0.30 0.30 0.30 Italy 10/ 2.04 1.65 1.51 1.22 0.71 0.52 0.33 0.22 0.22 0.21 0.20 0.21 0.22 Jamaica 8/ 10/ 1.60 1.55 1.50 1.40 1.40 1.30 1.25 1.25 1.05 0.60 0.38 0.38 0.38 Japan 8/ 10/ 1.62 1.31 1.04 0.94 0.94 0.91 0.86 0.29 0.29 0.27 0.27 0.28 0.29 Korea, Rep. 8/ 10/ 1.90 1.60 1.44 1.41 1.26 1.23 0.98 0.85 0.71 0.51 0.38 0.38 0.38
- http://www.fcc.gov/Bureaus/Enforcement/News_Releases/2001/nren0124.html http://www.fcc.gov/Bureaus/Enforcement/News_Releases/2001/nren0124.pdf http://www.fcc.gov/Bureaus/Enforcement/News_Releases/2001/nren0124.txt
- the Commission did find that SBC appears to be liable for other apparent violations. Specifically, the Commission found that: 1. SBC appears to have violated section 1.17 of the Commission's Rules by intentionally misrepresenting information to the Enforcement Bureau during the investigation. The Commission proposed a fine of $120,000 for this apparent violation. 2. SBC appears to have violated section 1.65 of the Commission's Rules when it failed to notify the Commission in a timely manner that the information in the affidavits was inaccurate. For this, the Commission proposed a $1.2 million fine. 3. SBC appears to have failed to comply with the terms of an SBC Consent Decree that resolved a 1999 Commission investigation into allegations that SBC employees had
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2001/fcc01308.pdf http://www.fcc.gov/Bureaus/Enforcement/Orders/2001/fcc01308.txt
- has supplied to the Commission during the course of this investigation, we find that SBC is apparently liable for a forfeiture for: (1) apparently failing to notify the Commission within 30 days that information contained in its section 271 application for Kansas and Oklahoma was no longer substantially accurate or complete in all significant respects, in apparent violation of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; (2) apparently making a misrepresentation or a willful material omission bearing on a matter within the jurisdiction of the Commission in a written statement submitted by SBC in connection with the investigation into the filing of the incorrect affidavits in the Kansas/Oklahoma section 271 proceeding, in apparent violation of section 1.17 of
- http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00418.txt
- 1998 Amendment.) SkyBridge proposes several changes and clarifications to the SkyBridge application, as amended by the 1997 Amendment. SkyBridge, among other things, proposes to change the number of satellites in its system from sixty-four to eighty, revises its link budgets, revises frequency usage requirements and states it requires at least 2 GHz of contiguous spectrum for downlinks and at least 1.65 GHz for uplinks. SkyBridge also submitted a series of simulations that SkyBridge claims demonstrates its amended system's ability to meet the relevant provisional power limits adopted at the WRC-97. Teledesic File No.: SAT-LOA-19990108-0005 Teledesic has filed an application for authority to construct, launch, and operate a global constellation of NGSO FSS satellites. Teledesic's proposed system, to be known as the
- http://www.fcc.gov/Bureaus/International/Orders/1999/da992989.doc http://www.fcc.gov/Bureaus/International/Orders/1999/da992989.txt
- Application by Bell Atlantic New York for Authority Under Section 271 of the Communications Act to Provide In-Region, InterLATA Service in the State of New York, CC Docket No. 99-295, Memorandum Opinion and Order, FCC 99-404 (rel. Dec. 22, 1999). See MCI Consolidated Petition; AT&T Consolidated Petition; MCI Reply. See e.g. BACI/NYNEX-LD Opposition at 2. We note that under Sections 1.65 and 63.11 of the Commission's rules, Applicants have a continuing responsibility to ensure that the information in their applications remain current, and to inform us of any new foreign carrier affiliations. See 47 C.F.R. 1.65, 63.11. In addition, as noted above, Applicants recently certified that they have no additional foreign affiliations. The ECO analysis was developed and discussed in
- http://www.fcc.gov/Bureaus/International/Orders/2000/da001332.doc
- Transfer of Space Station Licenses of Columbia Communications Corporation, and File No. SES-T/C-20000203-00142, Application for Consent to Transfer of Earth Station License of Columbia Communications Corporation, ARE DISMISSED AS MOOT, to the extent that they seek waiver of Section 25.116(c)(2) of the Commission's rules, 47 C.F.R. 25.116(c)(2), and otherwise ARE GRANTED. IT IS FURTHER ORDERED that pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, GE American Communications, Inc. and Columbia Communications Corp. are afforded 30 days from the date of the release of this Order to amend all applications to reflect the new ownership structure approved in this Order. This Order is issued pursuant to Section 0.261 of the Commission's rules on delegated authority, 47 C.F.R.
- http://www.fcc.gov/Bureaus/International/Public_Notices/1999/pnin9060.pdf
- Amendment).] SkyBridge proposes several changes and clarifications to the SkyBridge application, as amended by the 1997 Amendment. SkyBridge, among other things, proposes to change the number of satellites in its system from sixty-four to eighty, revises its link budgets, revises frequency usage requirements and states it requires at least 2 GHz of contiguous spectrum for space-to-Earth transmissions and at least 1.65 GHz for Earth-to-space transmissions. SkyBridge also submitted a series of simulations that SkyBridge claims demonstrates its amended system's ability to meet the relevant provisional power limits adopted at the 1997 World Radiocommunication Conference. Note: By Public Notice, Report No. SPB-135 (released August 6, 1998), the Commission afforded interested parties a period of thirty days after the filing of SkyBridge's simulations
- http://www.fcc.gov/Bureaus/International/Public_Notices/2000/da002251.doc http://www.fcc.gov/Bureaus/International/Public_Notices/2000/da002251.pdf http://www.fcc.gov/Bureaus/International/Public_Notices/2000/da002251.txt
- an amendment to delete any such licenses from this docket in the event that any of these transactions is consummated before the disposition of the applications in this docket. If, before the initial disposition in this docket, VoiceStream or Powertel files additional applications seeking consent to acquire additional licenses that the Applicants intend will ultimately be controlled by DT, Section 1.65 of the Commission's Rules requires the prompt filing of an amendment in this docket to report the additional applications and the relevant parties' request with respect to ultimate control of those licenses. We will treat any such amendments as minor. Furthermore, if any applications involving VoiceStream or Powertel remain pending when the contemplated mergers with DT are consummated, we will
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98231.pdf
- function of the parameter v that is related to the path clearance over the obstacle. The total diffraction loss, A(v,D), in dB, is the sum of three parts - A(v,0), A(0,D), and U(v,D). The equations to calculate the total and the three parts are given below: A(v,D) = A(v,0) + A(0,D) + U(v,D) (23) A(v,0) = 6.02 + 9.0v + 1.65v2 for -0.8 # v # 0 (24) A(v,0) = 6.02 + 9.11v + 1.27v2 for 0 # v # 2.4 (25) A(v,0) = 12.593 + 20log10 (v) for v > 2.4 (26) A(v,0) = 6.02 + 5.556D + 3.148D2 + 0.256D3 (27) U(v,D) = 11.45vD + 2.19(vD)2 - 0.206(vD)3 - 6.02 for vD # 3 (28) U(v,D) = 13.47vD +
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- the applicant's public inspection file pursuant to 47 C.F.R. Section 73.3526. F. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications 3 will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H. This application requires applicants to certify compliance with many statutory and
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- receiving a second inquiry letter from the Commission. As we stated in the MO&O, we expect licensees to exercise greater care in their submissions to the Commission. MO&O at 15499. Moreover, applicants and licensees are required to maintain the continuing accuracy and completeness of information furnished in pending applications and in Commission proceedings involving pending applications. See 47 C.F.R. 1.65. Failure to do so can result in sanctions, including forfeiture or designation of the application for hearing. Thus, we disagree that admonishing the licensee in the instant case will discourage other applicants and licensees from correcting errors in their filings. Accordingly, there being no error or omission in our earlier decision, we deny the licensee's Amended Petition for Reconsideration to
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- (see File No. BRET-940401LU), nor does the assignor's portion of FCC Form 314, on which the pending WQEX(TV) assignment application was filed, make any inquiry regarding the nature and extent of the assignor's program service. Because WQED was not required to disclose its programming decisions in connection with the assignment application, we disagree with Alliance that WQED somehow violated Section 1.65 of the rules, which requires an applicant to promptly inform the Commission of any significant changes that may be of decisional significance in the consideration of its application. 47 C.F.R. 1.65. Moreover, the simulcasting issue was fully briefed by both parties before simulcasting commenced, and WQED informed the Commission in connection with the 1996 dereservation proceeding that it was
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da000221.doc
- operation as set forth in Note 5 of Section 73.3555 of the Commission's rules. 2. The Commission initially granted Scanlan's above-captioned application on September 29, 1999 as part of a settlement among four mutually exclusive applicants for Channel 10 in Ishpeming. However, it was subsequently discovered that Scanlan had not timely amended its Channel 10 application, as required by Section 1.65 of the Commission's rules, to report the April 12, 1995 filing and the March 7, 1996 grant of its WBKP(TV) application. Rather, on September 14, 1999, Scanlan tendered an amendment to its Channel 10 application to report the existence of WBKP(TV) and to request that the Commission permit the operation of WBKP(TV) as a satellite station of proposed Channel 10.
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- now arise only every eight years. However, in view of our decision to continue our policy of generally deferring action on individual discrimination complaints pending final action by the EEOC or a court, we see no reason to require that broadcasters contemporaneously notify the Commission of the filing of discrimination complaints. We note, moreover, that broadcasters are required under Section 1.65(c) of the Commission's Rules to report any adverse findings or adverse final actions involving discrimination complaints on an annual basis. Thus, the Commission will not have to wait until a broadcaster files for renewal of its license to learn of an adverse finding or adverse final action on a discrimination complaint. We requested comment in the NPRM on a proposal
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- therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of a Section 73.7002
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- in a tie breaker. However, points can be lost through changes that detract from the original proposal. Our rules require applicants to inform us of material changes in their applications after the time of filing, which, in the context of a point system, will include all changes that negatively affect its claimed points and tie breaker position. 47 C.F.R. 1.65. A future applicant's maximum points and its standing in a tie breaker can thus go down, but not up as a result of changes made after filing. For example, if an applicant loses its transmitter site and amends its application in a way that results in lost points, the applicant will only be allowed to claim the amended points. In
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- in a tie breaker. However, points can be lost through changes that detract from the original proposal. Our rules require applicants to inform us of material changes in their applications after the time of filing, which, in the context of a point system, will include all changes that negatively affect its claimed points and tie breaker position. 47 C.F.R. 1.65. A future applicant's maximum points and its standing in a tie breaker can thus go down, but not up as a result of changes made after filing. For example, if an applicant loses its transmitter site and amends its application in a way that results in lost points, the applicant will only be allowed to claim the amended points. In
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01330.txt
- Rules, which are set forth in Title 47 of the Code of Federal Regulations. D.Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. E.In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. F. A copy of the completed application and all related exhibits shall
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/LPTV_Notices/da001383.doc
- the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585a.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585a.txt
- an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105 ( c ) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.txt
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself, applicants must submit additional information required by the FCC's rules. Although the FCC does not require a particular format for this information, it has developed
- http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
- of an investigation when warranted. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement in their FCC Form 175 applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105( c ) and 73.5002. In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
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- their respective ownership interests in the partnership. This information must be included an exhibit to the application. (b)Each application for a radio station authorization in the WCS must: (1)Submit the information required by the Commission's rules, requests, and application forms; (2)Be maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of section 1.65 of this chapter; and (3)Show compliance with and make all special showings that may be applicable. (c)Where documents, exhibits, or other lengthy showings already on file with the Commission contain information which is required by an application form, the application may specifically refer to such information, if: (1)The information previously filed is over one A4 (21 cm x 29.7 cm)
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- Technical Data Schedules F through J Consummation of Transfer of Control may be required to describe completion of site-by-site construction requirements. General Filing Instructions Information Current and Complete Information filed with the FCC must be kept current and complete. The applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the application(s). See Section 1.65 of the Commission's rules. Applicable Rules and Regulations Applicants should obtain the relevant parts of the FCC's rules in 47 CFR. Copies of 47 CFR may be purchased from the Superintendent of Documents; Government Printing Office; Washington, DC 20402; (202) 512-1800. Refer also to the Government Printing Office's Website at http://www.access.gpo.gov. Some FCC rules require applicants to attach one or
- http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99384.doc
- are eligible to bid on any common license area, from communicating their bids or bidding strategies with each other during the auction process. If auction applicants nonetheless engage in communications prohibited by Section 1.2105(c)(1) that result in a bidding agreement, arrangement or understanding, the applicants must promptly disclose any such agreement, arrangement or understanding to the Commission pursuant to Section 1.65(a) of the Commission's rules. We have found that even when a communication of prohibited bids or bidding strategies is limited to one applicant's bids or bidding strategies, it may ``unfairly disadvantage[] the other bidders in the market by creating an impermissible asymmetry of information.'' This is so because bidders deprived of the prohibited information are unable ``to access, analyze, and
- http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99385.doc
- 1999 Released: December 13, 1999 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (a) a Notice of Apparent Liability for Forfeiture, 13 FCC Rcd 8305 (1998) ("NAL"), in which the Commission found Western PCS BTA I Corporation ("Western") apparently liable for a forfeiture in the amount of $1,200,000 for having apparently violated Sections 1.2105(c) and 1.65 of the Commission's Rules; (b) a Response to the NAL filed by Western on April 15, 1998; (c) an Erratum and Supplement to the Response to the NAL filed by Western on April 17, 1998; and (d) a Supplement to Response to NAL filed by Western on September 11, 1998. For the reasons explained herein, we conclude that evidence in
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000002.doc
- licenses. See Troy State's Applications; Troy State Petition at 2. Troy State Petition at 2. Id. See Centel Cellular Co. of North Carolina Limited Partnership, Memorandum Opinion and Order, 11 FCC Rcd 10800, 10815 21 (1996); MTD, Inc., Memorandum Opinion and Order, 6 FCC Rcd 34, 34 5 (1990). Troy State Petition at 2. See 47 C.F.R. 1.65(a); 47 C.F.R. 101.19(a)(4) (1996); see also Mary Ann Salvatoriello, Memorandum Opinion and Order, 6 FCC Rcd 4705, 4706 6 (1991) (signature on an application "provides assurance that the applicant personally reviewed the application and can be held responsible for the truthfulness and accuracy of the statements therein"). Troy State Petition at 3. As stated above, Troy State had
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000474.doc
- Mercury was violating the anti-collusion rule and sought to disqualify Mercury from bidding in the markets where High Plains was bidding. This filing is consistent with the Commission's motion practice rule, which permits parties to seek relief by filing a motion that states the grounds and authority for the relief sought. We also note that we recently held that section 1.65 of our rules requires an applicant to promptly notify the Commission if the applicant engages in any improper communication of bidding strategy during an auction. If High Plains had failed to notify the Commission of Mercury's bid signaling activities, High Plains could have given the appearance of complicity in Mercury's improper communications and subjected itself to an enforcement proceeding. We
- http://www.fcc.gov/Bureaus/Wireless/Orders/2001/da012482.pdf
- of authorization, and within 30 days of consummation, notify the Commission by letter of the date of consummation. 14. IT IS FURTHER ORDERED that the requirement in paragraph 65 of the Order and Authorization that GE Capital and SES Global amend pending applications within 30 days of release of the Order and Authorization is removed AND that, pursuant to Section 1.65 of the Commission's rules, 47 C.F.R. 1.65, GE Capital and SES Global must, within 30 days of consummation of the transfer of control of GE Capital's holdings in GE Americom and Columbia Communications Corporation to SES Global, amend all pending applications to reflect the new ownership structure approved in this Supplemental Order. 15. IT IS FURTHER ORDERED that with respect
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- all material terms must be disclosed whether in writing or not; if there is no agreement in principle by the short-form filing deadline, prohibited communications must cease). In addition, we note that applicants in Commission spectrum auctions are also under an affirmative obligation to maintain their short-form applications substantially accurate and complete in all significant respects. See 47 C.F.R. 1.65(a). Thus, applicants entering into contracts after the short form filing deadline would be obligated to amend their applications appropriately. See 47 C.F.R. 1.2105(b)(2)(applications may be amended to make minor changes). . 700 MHz MO&O and FNPRM 104. See, e.g., Sinclair Comments at 4 (proposal to adopt different technical standard for DTV transmissions); Dielectric Reply at 3 (asserting that
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- to ensure that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 600 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 27.311. Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 600 application by May 12, 1997, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 27.203. Frivolous Pleadings Pursuant to 47 C.F.R. 1.52, the Commission reminds parties to our proceedings
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- for WorkGroups 3.11 or Windows 95 * Microsoft Excel v5.0 or later * 8MB of available hard disk space * 16MB of RAM and a Pentium based processor are highly recommended Amendments to FCC Form 175s. Applicants are responsible for the continuing accuracy and completeness of information furnished in their FCC Form 175 and its exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Kathleen O'Brien Ham Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Washington, D.C. 20554 with
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
- aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 1.918, 101.35(b). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. Eastern Time on Thursday, April 9, 1998, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104(g)(2), 101.1103(f ). Number of Forms To Be
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
- that, aside from the materials described below, all the information that is required under our rules is included with their FCC Form 601 applications. Incomplete or defective applications may be returned to the applicant. See 47 C.F.R. 90.161(b)(6). Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. 1.65. An applicant that fails to submit the required FCC Form 601 application by 5:30 p.m. ET on November 6, 1998, and fails to establish good cause for any late-filed submissions, shall be deemed to have defaulted and will be subject to the default payments set forth in 47 C.F.R. 1.2104, 90.1007. See 1.2107(c), 47 C.F.R. 1.2107(c). 1 Number
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990375.pdf
- until the Wireless Telecommunications Bureau (the "Bureau") resolves a pending assignment application filed by a subsidiary of Leap and AirGate Wireless, L.L.C. The Bureau expects to resolve this matter prior to the commencement of Auction No. 22 on March 23, 1999 and reserves the right to reject Leap's short- form application based on its decision therein. See 47 C.F.R. 1.65 and 1.2106. 3 See 47 C.F.R. 1.65 and 1.2106. 4 See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 5 C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-2604 (rel. December
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990482.pdf
- the majority of the tool's features can be used without Excel. See Status of Applications Public Notice at 3-5; Bidder Information Package, Tab B, 105-07; Announcement Public 8 Notice at 4-7. 7 Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th St.,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990904.pdf
- bidding only. Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. Applicants whose applications have been classified as incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants will become qualified bidders only if they: (1) resubmit their applications by 5:30 p.m. ET on 1 See 47 C.F.R. 1.65 and 1.2106. 2 Monday May 24, 1999 and provide the requested information or correct the deficiencies indicated; and (2) make the required upfront payments by 6:00 p.m. ET on Monday, May 24, 1999, as discussed below. They must also keep their applications up-to-date as required.2 Applicants are also advised that Attachment B includes FCC account numbers for each applicant. FCC
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991591.pdf
- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications.18 By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application.19 Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991800.pdf
- 6:00 p.m. ET on Monday, September 13, 1999, as discussed below. With respect to their applications, these applicants need take no further action except as may be necessary to keep their applications up-to-date.1 Applicants are also advised that Attachment A includes FCC account numbers for each applicant. FCC account numbers are applicable for bidding only. 1 See 47 C.F.R. 1.65. 2 Incomplete: Applications classified as incomplete are listed alphabetically in Attachment B. Applicants whose applications have been classified as incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants will become qualified bidders only if they: (1) make the required upfront payments by 6:00 p.m. ET on Monday, September 13, 1999,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991912.pdf
- On-Line) of the Status Public Notice provides instructions for reviewing and downloading round results, and other material related to Auction No. 25 released by the Commission during the course of the auction. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. Applicants are required by rule to make any changes "as promptly as possible." It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. If it is possible to amend an application in less time, then such amendment should be made. 47 C.F.R 1.65 Filers should make modifications
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- the initiation of an investigation when warranted. Applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their FCC Form 175 short-form applications. By electronically submitting their FCC Form 175 short-form applications, applicants are certifying their compliance with Sections 1.2105(c) and 73.5002. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission, as promptly as possible and in any event within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000112.doc
- all other applicants after filing the FCC Form 175. However, applicants may enter into bidding agreements before filing their FCC Form 175 short-form applications, as long as they disclose the existence of the agreement(s) in their Form 175 short-form applications. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000173.doc
- contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Rosemary Cabral, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Hartigan, Auction Operations at (202) 418-0695 (regarding bidding and general filing status); and Bob Reagle, Analyst, Auction Operations at (717) 338-2807 (regarding bidding). - FCC - See 47 C.F.R. 1.65 and 1.2106. Id. See "Auction of 929 and 931 MHz Paging Service Spectrum; Auction Notice and Filing Requirements for 2,499 Paging Upper Band Licenses Scheduled for February 24, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 99-1591 (rel. August 12, 1999)(``Auction No. 26 Public Notice'') for detailed remittance and upfront payment information. This and other documents, including
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000278.doc
- and a Pentium( 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000292.doc
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas(s). By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules upon
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000405.doc
- Auction No. 28, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Friday, February 18, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short- form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000527.doc
- other bidding activity, a bidder placing a new bid on a construction permit for which it is the standing high bidder would not keep the auction open under this modified stopping rule. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. Applications should be amended within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street, SW Washington, DC 20554 with a courtesy
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000594.doc
- For the Blanco auction, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Tuesday, February 1, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short-form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000615.doc
- the applicant should contact the designated attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Kenneth Burnley, Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auction Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auction Operations (regarding bidding) at (717) 338-2888. - FCC - See 47 C.F.R. 1.65 and 1.2106. Id. See "Auction of Licenses for Fixed Point-to-Point Microwave Services in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band Auction Scheduled for April 12, 2000; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 00-112 (rel. January 21, 2000) (``Auction No. 30 Public Notice'')
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000724.doc
- and a Pentium( 166 or higher strongly recommended. * Some advanced features of the tool will require Microsoft Excel 97, but the majority of the tool's features can be used without Excel. Amendments to FCC Form 175s. Applicants are responsible for maintaining the accuracy and completeness of information furnished in their FCC Form 175 and exhibits. See 47 C.F.R 1.65. It is the staff's position that applicants should amend their applications within ten business days from the occurrence of a reportable change. Filers should make modifications to their FCC Form 175s electronically, and submit a letter briefly summarizing the changes to: Amy Zoslov Chief, Auctions & Industry Analysis Division Wireless Telecommunications Bureau Federal Communications Commission Room 4-A760 445 12th Street,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000863.doc
- For the Blanco auction, this prohibition became effective at the filing deadline of short-form (Form 175) applications on Tuesday, February 1, 2000, and will end on the post-auction down payment due date to be announced in a future public notice. By electronically submitting their FCC short-form (Form 175) applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's Rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission as soon as possible, but in any event, within 30 days, of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001226.doc
- acts as the authorized bidder for two or more competing applicants, and conveys information concerning the substance of bids or bidding strategies between the bidders he/she is authorized to represent in the auction. Also, if the authorized bidders are different individuals employed by the same organization (e.g., law firm or consulting firm), a violation could similarly occur. In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
- writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001486.doc
- application and inability to participate in the auction. See 47 C.F.R. 1.2105(b). NOTE: Applicants must press the ``Submit Form 175'' button on the ``Submit'' page to successfully submit their FCC Form 175. Continuing Accuracy: Each applicant is responsible for the continuing accuracy and completeness of information furnished in the FCC Form 175 and its exhibits. See 47 C.F.R. 1.65. It is the FCC's position that during the conduct of an auction, thirty business days from a reportable change is a reasonable period of time. Applicants are reminded that they consent to be audited in the certification section of the FCC Form 175 (see certification item number 6). B. Exhibits and Attachments In addition to the FCC Form 175 itself,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001788.doc
- Auction Rescheduled from August 23, 2000 to August 16, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1100 (released May 18, 2000) (``800 MHz Announcing Public Notice''). See 800 MHz Announcing Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 34, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). See 800 MHz Announcing Public Notice at 9-10; see also ``Due Diligence Announcement for Upcoming 800 MHz Spectrum Auctions,'' Public Notice, DA 00-1449 (released June 29, 2000). See 47 C.F.R. 1.2112(b). $ $ $ b o a b PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001800.doc
- staff attorney identified in the correspondence sent to the applicant by overnight mail. For additional information, contact: Howard Davenport, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Lisa Stover, Auctions Operations (regarding bidding and general filing status) or Bob Reagle, Analyst, Auctions Operations (regarding bidding) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). $ $ U V 0) (``Auction No. 33 Announcing Public Notice''). See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. 1.2108. See 47 C.F.R. 1.202(d) note (1); see also ``Commission Announces that Mutually Exclusive `Short-Form' Applications (Form
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001948.doc
- Guard Band Auction Scheduled for June 14, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-781 (released April 10, 2000) (``Auction No. 33 Procedures Public Notice''). See Auction No. 33 Procedures Public Notice. For information on the minimum opening bid for each of the licenses offered in Auction No. 33, see Attachment A. See 47 C.F.R 1.65. See 47 C.F.R. 1.2105(b). Id. See Auction No. 33 Procedures Public Notice at 9-10 See C.F.R. 27.604. Id. See C.F.R. 1.2104(g)(1). See C.F.R. 1.2104(g)(2); see also 1.2109(c). See 47 C.F.R. 1.2112(b). $ $ $ ' ... PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a%
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
- to writing. If the parties have not agreed in principle by the filing deadline, an applicant would not include the names of those parties on its application, and may not continue negotiations with other applicants for the same geographic license areas. By signing their FCC Form 175 short-form applications, applicants are certifying their compliance with Section 1.2105(c). In addition, Section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission within 30 days of any substantial change that may be of decisional significance to that application. Thus, Section 1.65 requires an auction applicant to notify the Commission of any violation of the anti-collusion rules immediately
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002260.doc
- status, the applicant should contact the staff attorney identified in the correspondence sent to the contact person by overnight mail. For additional information, contact: M. Nicole Oden, Auctions Legal Branch at (202) 418-0660 (regarding legal questions); Linda Sanderson, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. FCC - See 47 C.F.R. 1.2106. See 47 C.F.R. 1.65. Id. $ $ + , . See ``Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Rcd 9645 (1995). See 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2105(c), and 1.2109(d). See 47 C.F.R. 1.2106. See 47 C.F.R. 1.204; see also ``Commission Announces that Mutually Exclusive `Short-Form'
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002368.doc
- Notice and Filing Requirements for 2,800 Licenses in the 800 MHz SMR Service Frequencies Lower 80 Channels; Auction Rescheduled from September 13, 2000 to November 1, 2000; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, DA 00-1388 (released June 23, 2000) (``Auction No. 36 Announcing Public Notice''). See Auction No. 36 Announcing Public Notice, Attachment A. 47 C.F.R 1.65. 47 C.F.R. 1.2105(b). Id. See Auction No. 36 Announcing Public Notice at 11-12. 47 C.F.R. 1.2112(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov v v v v v kd kd%
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002614.pdf
- these applicants need take no further action except as may be necessary to maintain the accuracy of their applications.2 Also, applicants are advised that Attachment A includes FCC account numbers that were automatically created by the FCC software system for each applicant, and which are applicable for bidding only. 1 See 47 C.F.R. 1.2106. 2 See 47 C.F.R. 1.65. 2 Incomplete: Applications found to be incomplete are listed alphabetically in Attachment B. Applicants whose FCC Form 175 applications have been deemed incomplete will receive overnight correspondence indicating what information is required to make the applications acceptable for filing. These applicants may become qualified bidders only if they: (1) make the required upfront payments by 6:00 p.m. ET on Monday,
- http://www.fcc.gov/Bureaus/Wireline_Competition/Orders/2002/fcc02118.pdf
- 6020 Customer Service Record - EDI 1.41 3.1 1.31 2.73 1.33 2.78 1.32 2.82 1.42 4.48 PO-1-01- 6030 Customer Service Record - CORBA 1.41 0.9 1.31 0.73 1.33 0.78 1.32 0.73 1.42 0.85 PO-1-01- 6050 Customer Service Record -Web GUI 1.41 2.89 1.31 2.6 1.33 2.62 1.32 2.46 1.42 2.53 PO-1-02- 6020 Due Date Availability - EDI 0.09 2.22 0.07 1.65 0.07 2.75 0.06 1.9 0.06 2.5 a,b,c,d,e PO-1-02- 6030 Due Date Availability - CORBA 0.09 NA 0.07 NA 0.07 NA 0.06 NA 0.06 0.6 PO-1-02- 6050 Due Date Availability - Web GUI 0.09 2.32 0.07 2.2 0.07 2.18 0.06 2.16 0.06 2.18 PO-1-03- 6020 Address Validation - EDI 4.34 4.84 4.07 4.65 3.85 5.42 3.67 5.1 3.85 4.81 PO-1-03- 6030
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990629.html
- BEGINS PHASED IMPLEMENTATION OF ITS UNIFIED POLICY FOR REVIEWING LICENSE APPLICATIONS AND PLEADINGS. (DA No. 99-1267). Internet URL: [11]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991267.tx t ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- SBC COMMUNICATIONS INC. In a Consent Decree, the Commission terminated an informal investigation into potential violations by SBC Communications, Inc. of sections 271 and 272 of the Communications Act of 1934, as amended, and section 1.65 of the Commission's rules by SBC employees. Action by the Commission. Adopted: June 28, 1999. by Order. (FCC No. 99-153). CCB Internet URL: [12]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99153.html BETTY J. STEARNS, ET AL. V. PACIFIC BELL. This erratum amends Common Carrier Bureau Order (DA-99-1262) to include Exhibit A as indicated in paragraph 1. Action by Deputy Chief, Formal Complaints and Investigations Branch, Enforcement Division,
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041222.html
- for discounted services on the grounds of violating competitive bidding requirements. (Dkt No. 02-6). Action by: Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. Adopted: 12/21/2004 by ORDER. (DA No. 04-4007). WCB [98]DA-04-4007A1.doc [99]DA-04-4007A1.pdf [100]DA-04-4007A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED DECEMBER 21, 2004, DID NOT APPEAR IN DIGEST NO. 241: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 12/21/2004. SECTION 1.65 AMENDMENT DEADLINE ESTABLISHED FOR NONCOMMERCIAL EDUCATIONAL FM AND FM TRANSLATOR STATION APPLICANTS.. (DA No. 04-4009). MB. Contact: Irene Bleiweiss at (202) 418-2700, George Gwinn at (202) 418-2700 [101]DA-04-4009A1.doc [102]DA-04-4009A1.pdf [103]DA-04-4009A1.txt Released: 12/21/2004. DTV CHANNEL ELECTION INFORMATION AND FIRST ROUND ELECTION FILING DEADLINE. (DA No. 04-3922). (Dkt No 03-15). MB. Contact: Nai Tam at (202) 418-1600, Email: Nai.Tam@fcc.gov or Kim Matthews
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd101130.html
- 418-0913 [10]DA-10-2255A1.doc [11]DA-10-2255A1.pdf [12]DA-10-2255A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- HUB COMMUNICATIONS, INC. Adopted a Consent Decree in this proceeding. Action by: Assistant Division Chief, Telecommunications Consumers Division, Enforcement Bureau. Adopted: 11/30/2010 by Order/Consent Decree. (DA No. 10-2207). EB [13]DA-10-2207A1.doc [14]DA-10-2207A1.pdf [15]DA-10-2207A1.txt IGLESIA JESUCRISTO ES MI REFUGIO, INC. Issued a $20,000 Notice of Apparent Liability for Forfeiture for violation of Section 1.65 of the Commission's Rules. Granted the application for a new noncommercial educational FM station in Quemado, Texas. by MO&O. Action by: Chief, Audio Division, Media Bureau. Adopted: 11/29/2010 by NALF. (DA No. 10-2254). MB [16]DA-10-2254A1.doc [17]DA-10-2254A1.pdf [18]DA-10-2254A1.txt RAMONA P. PATTS, DIVISION OF SUPPORT SERVICES ADMINISTRATOR, CITY OF COLUMBUS. Denied Columbus' waiver request and dismissed its late-filed renewal application. Action by:
- http://www.fcc.gov/DiversityFAC/040614/FMRadioWhitePaper.doc
- avoided at all costs. Unfortunately, a loophole in the broadcast auction rules threatens to undermine the integrity of these much-awaited opportunities for new entrants. Under the rules governing broadcast auctions, an applicant changing its ownership structure in a way that disentitles the applicant to previously-claimed bidding credits need not report that ownership structure change for thirty days. See 47 C.F.R. 1.65. Because an auction may consume less than 30 days, the 30-day rule is an invitation for gamesmanship and fraud. A clever bidder, knowing that it is going to have to restructure itself in order to finance its bidding, will deliberately file Form 175 before effectuating that restructuring, claim bidding credits, then effectuate the restructuring immediately before the auction commences. By
- http://www.fcc.gov/DiversityFAC/041004/FMRadioWhitePaper.doc
- avoided at all costs. Unfortunately, a loophole in the broadcast auction rules threatens to undermine the integrity of these much-awaited opportunities for new entrants. Under the rules governing broadcast auctions, an applicant changing its ownership structure in a way that disentitles the applicant to previously-claimed bidding credits need not report that ownership structure change for thirty days. See 47 C.F.R. 1.65. Because an auction may consume less than 30 days, the 30-day rule is an invitation for gamesmanship and fraud. A clever bidder, knowing that it is going to have to restructure itself in order to finance its bidding, will deliberately file Form 175 before effectuating that restructuring, claim bidding credits, then effectuate the restructuring immediately before the auction commences. By
- http://www.fcc.gov/Forms/Form301-CA/301ca.pdf
- are kept. See 47 C.F.R. Section 74.781. E. Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. F. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. G. This application requires applicants to certify compliance with certain statutory and
- http://www.fcc.gov/Forms/Form301/301.pdf
- C.F.R. Section 73.3527 for noncommercial educational stations. G. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b). H. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. I. This application requires applicants to certify compliance with many statutory and
- http://www.fcc.gov/Forms/Form302-AM/302-amFill.pdf
- the answer is Yes, attach as an Exhibit a full disclosure of the persons and matters involved, including an identification of the court or administrative body and the proceeding (by dates and file numbers), and the disposition of the litigation. Where the requisite information has been earlier disclosed in connection with another application or as required by 47 U.S.C. Section 1.65(c), the applicant need only provide: (i) an identification of that previous submission by reference to the file number in the case of an application, the call letters of the station regarding which the application or Section 1.65 information was filed, and the date of filing; and (ii) the disposition of the previously reported matter. Exhibit No. FCC 302-AM (Page 2)
- http://www.fcc.gov/Forms/Form302-CA/302ca.pdf
- pursuant to 47 C.F.R. Section 73.3526 for commercial stations. F.Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G.In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H.This application requires applicants to certify compliance with certain statutory and regulatory
- http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
- C.F.R. Section 73.3527 for noncommercial educational stations. F. Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H. This application requires applicants to certify compliance with many statutory and
- http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
- and Section 73.3527 for noncommercial educational stations. 3 F. Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G.In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H.This application requires applicants to certify compliance with many statutory and regulatory
- http://www.fcc.gov/Forms/Form303-S/303s.pdf
- report becomes available for filing electronically. E. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned 2 without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. 73.3564(b). F. In accordance with 47 C.F.R. 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. G. This application requires applicants to certify compliance with many statutory and
- http://www.fcc.gov/Forms/Form312/312Fill.pdf
- or legal citations), including exhibit and page references. If either of these criterion is not met, the reference documents must accompany the application. GENERAL INSTRUCTIONS Current Information Information filed with the FCC must be kept current. The applicant should notify the FCC regarding any substantial and significant changes in the facts as they appear in the application. See 47 CFR 1.65. Waiver Requests Requests for waivers must contain a statement of reasons sufficient to justify a waiver and must be included as "Exhibit D" to the Main Form. For each rule waiver desired, a separate request with the required showing identifying the specific rule or policy for which the waiver is requested, must be made. Exhibits Each document required to be
- http://www.fcc.gov/Forms/Form314/314.pdf
- and Section 73.3527 for noncommercial educational stations. G. Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are subject to dismissal. See 47 C.F.R. Section 73.3564(b). H. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. I. This application requires applicants to certify compliance with many statutory and
- http://www.fcc.gov/Forms/Form315/315.pdf
- 73.3527 for noncommercial educational stations. H . Applicants should provide all information called for by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. J. This application requires applicants to certify compliance with many statutory and
- http://www.fcc.gov/Forms/Form316/316.pdf
- Section 73.3527 for noncommercial educational stations. H. Applicants should provide all information called for by this application. If any portion of the application is not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration or review by the Commission or review by any court. J. This application requires applicants to certify compliance with many
- http://www.fcc.gov/Forms/Form318/318.pdf
- should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. If the FCC inadvertently accepts a defective or incomplete application, that application may be dismissed. See 47 C.F.R. Section 73.3564(b). G. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the Commission action on this application is no longer subject to reconsideration by the Commission or review by any court. Certifications H. This application requires applicants to certify compliance with various statutory
- http://www.fcc.gov/Forms/Form319/319Fill.pdf
- location (5)File number of application being amended (if known) (6)Date of filing of application being amended (if file number is not known) E. Applicants should provide all information requested by this application. Defective or incomplete applications will be returned without consideration. Inadvertently accepted defective or incomplete applications are also 2 subject to dismissal. F. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. G.This application requires applicants to certify compliance with certain statutory and regulatory
- http://www.fcc.gov/Forms/Form337/337.pdf
- system via the Internet from the Media Bureau's Web site at: http://www.fcc.gov/mb. C. Applicants should provide all information requested by this application. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. D. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. E. A copy of the completed application and all related exhibits shall
- http://www.fcc.gov/Forms/Form340/340.pdf
- is unacceptable to state "on file." All information must be on this application form. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b). J. Current Information: Applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application, in accordance with 47 C.F.R. Section 1.65. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. K. Worksheets: This application requires applicants to certify compliance with many statutory and regulatory requirements. Detailed instructions and worksheets provide additional information regarding Commission rules and policies. These materials are designed to track the standards and
- http://www.fcc.gov/Forms/Form345/345.pdf
- provide all information called for by this application. Responses indicating "on file" are not acceptable. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. See 47 C.F.R. Section 73.3564(b) I. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and significant changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. J. Worksheets and Certifications. This application requires applicants to certify compliance with
- http://www.fcc.gov/Forms/Form346/346.pdf
- are kept. See 47 C.F.R. Section 74.781. E. Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. F. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. G. This application requires applicants to certify compliance with certain statutory and
- http://www.fcc.gov/Forms/Form347/347.pdf
- records are kept. See 47 C.F.R. Sections 74.781, 73.1125. F.Applicants should provide all information requested by this application. No section may be omitted. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G.In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. H.This application requires applicants to certify compliance with many statutory and regulatory
- http://www.fcc.gov/Forms/Form349/349.pdf
- 73.1125. G. Defective Applications. Applicants should provide all information requested by this application. Responses indicating "on file" are not acceptable. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. H. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. I. Worksheets and Certifications. This application requires applicants to certify compliance with
- http://www.fcc.gov/Forms/Form350/350.pdf
- should provide all information requested by this application. No section may be omitted. Responses indicating "on file" are not acceptable. If any portions of the application are not applicable, the applicant should so state. Defective or incomplete applications will be returned without consideration. Inadvertently accepted applications are also subject to dismissal. G. Current Information. In accordance with 47 C.F.R. Section 1.65, applicants have a continuing obligation to advise the Commission, through amendments, of any substantial and material changes in the information furnished in this application. This requirement continues until the FCC action on this application is no longer subject to reconsideration by the Commission or review by any court. 2 H. Worksheets and Certifications. This application requires applicants to certify compliance
- http://www.fcc.gov/Forms/Form387/387.pdf
- filing, the filer should provide an explanation and indicate when they expect to update the form to provide an appropriate response. Defective or incomplete forms will be returned without consideration. Inadvertently accepted forms are also subject to dismissal. D. The licensee must ensure that the Facility ID Number, Call Sign, and the Channel information are accurate. E. Consistent with Section 1.65 of the rules, 47 C.F.R. 1.65(a), each Licensee/Permittee is responsible for the continuing accuracy and completeness of the information furnished in this Form. Whenever the information furnished in this Form is no longer substantially accurate and complete in all significant respects, the Licensee/Permittee shall as promptly as possible and in any event within 30 days, unless good cause is
- http://www.fcc.gov/Forms/Form602/602.pdf
- Smith's indirect ownership share of Company A, when calculated using successive multiplication, is less than 10%, the filer would not be required to provide information regarding Peter Smith. Information Current and Complete During the pendency of the above mentioned applications, information contained in FCC Form 602 on file with the FCC must be kept current and complete. Pursuant to section 1.65 of the Commission's Rules the applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the FCC Form 602 or underlying application(s). See 47 C.F.R. 1.65. Applicable Rules and Regulations Filers should obtain the relevant parts of the FCC's rules in Title 47 of the Code of Federal Regulations (47 CFR). Copies of
- http://www.fcc.gov/Forms/Form609-T/609-t.pdf
- that might affect the Filer's eligibility for designated entity benefits. Exhibit C: Copies of each agreement and arrangement described in Exhibit A. Information Current and Complete Information filed with the FCC must be kept current and complete. Parties to the application must notify the FCC regarding any substantial and significant changes in the information furnished in the application. See Section 1.65 of the Commission's rules. Applicable Rules and Regulations The Applicant should obtain the relevant parts of the Commission's rules, which are located in Part 47 of the Code of Federal Regulations (CFR). Copies of Part 47 CFR may be purchased by contacting the Superintendent of Documents, Government Printing Office, Washington, DC 20402, by calling (202) 512-1800 or by accessing the
- http://www.fcc.gov/Forms/Form611-T/611-t.pdf
- the number of subscribers served in the license(s) area. If applicable, any other information that might affect the licensee's designated entity status. Information Current and Complete Information filed with the FCC must be kept current and complete. Parties to the application must notify the FCC regarding any substantial and significant changes in the information furnished in the application. See Section 1.65 of the Commission's Rules. The requirement to update the annual report will be in effect until the report is changed to "received" status in the Commission's Universal Licensing System (ULS). Applicable Rules and Regulations The Applicant should obtain the relevant parts of the Commission's Rules, which are located in Part 47 of the Code of Federal Regulations (CFR). Copies of
- http://www.fcc.gov/Forms/Form854/854.pdf
- Aviation Administration, the location and height of which is fixed by its functional purpose. Information Current and Complete Information filed with the FCC must be kept current and complete. The applicant must notify the FCC regarding any substantial and significant changes in the information furnished in the application(s). See Title 47 of the Code of Federal Regulations, Chapter 1, Part 1.65 (47 CFR 1.65). Applicable Rules and Regulations es of 47 CFR may be purchased from the Superintendent of Documents; Government Printing Office; Washington, DC 20402; (202) 512-1800. Refer also http://www.access.gpo.gov. Some FCC rules require applicants to attach one or more exhibits to an application in addition to the information requested in the application form. Processing Fee and Filing Location No
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-238457A1.html
- and all subsequent licenses based upon it if: (3) The licensee has not been granted a major modification to its GMRS system.'' According to Commission records, Repeater Users Group was granted a renewal of its GMRS radio station license KAD3271 on July 18, 2002. However, Repeater Users Group failed to notify the Commission of their location change. d. 47 C.F.R. 1.65(a): ``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application...'' The signator for the Repeater User Group by signing FCC Form 605 certified that no major modifications to the Repeater Users Group GMRS radio system, as stated in item 4 of the ``Certification Statements for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-268429A1.html
- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Tiner Tower, LLC, owner of antenna structure # 1019417 located near Sprayberry, Texas. 2. On September 25, 2006, an agent of the Commission's Dallas Office inspected the antenna structure referenced above, and observed the following violation: A. 47 C.F.R. S 1.65: "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. ... ". An inspection of the antenna structure referenced above revealed that the location of the structure designated by the latitude and longitude is incorrect. The observed geographical coordinates for the tower were approximately 31DEG
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-301440A1.html
- antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R)..." The antenna structure has been constructed, however, the FCC's Antenna Structure Registration records indicate the required construction notification has not been filed and the structure's status is listed as "granted." b. 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application...the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, amend or request the amendment of his application so as to furnish such additional or corrected information..." Pursuant to the current antenna structure registration for
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-311211A1.html
- Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854)." During the inspection, the agent observed that construction of antenna structure number 1214994 had been completed; the FCC's antenna structure registration database, however, still showed the structure's status as "granted." b. 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Except as otherwise required by rules applicable to particular types of applications, whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-312026A1.html
- the Commission's rules to County of Burlington, New Jersey ("Burlington"), owner of antenna structure # 1206517 in Hainesport, New Jersey. 2. On November 10, 2011, an agent of the Commission's Philadelphia Office inspected antenna structure # 1206517 located near the intersection of Maple Avenue and County Road 537 in Hainesport, New Jersey, and observed the following violation: 47 C.F.R. S: 1.65(a): "Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Except as otherwise required by rules applicable to particular types of applications, whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as
- http://www.fcc.gov/eb/News_Releases/DOC-222664A1.html
- Phase II service within six months of a valid request by a designated Public Safety Answering Point or by October 1, 2001, whichever is later, without requesting a waiver and after telling the Commission that it did not need such a waiver. For this apparent violation, the Commission proposes a $500,000 fine. 3. AT&T Wireless appears to have violated Section 1.65 of the Commission's Rules by failing to notify the Commission within 30 days that information in its E911 waiver request was no longer substantially accurate and complete. Specifically, AT&T Wireless never informed the Commission that, contrary to statements in connection with its pending waiver request, it had in fact begun deploying its GSM network without location-capable handsets. In addition, AT&T
- http://www.fcc.gov/eb/News_Releases/DOC-227226A1.html
- this investigation, the Commission issued a Notice of Apparent Liability (NAL) on May 20, 2002. The NAL cited AT&T Wireless for apparent violations of the E911 Phase II rules (Section 20.18 of the Commission's Rules) and for failing to notify the Commission within 30 days that information in its E911 waiver request was no longer substantially accurate and complete (Section 1.65 of the Commission's Rules). The consent decree resolves the apparent violations addressed in the NAL, as well as other issues related to AT&T Wireless's deployment of E911 technology in its GSM network. Action by the Commission on October 8, 2002 by Order [6](FCC 02-283). Chairman Powell, Commissioners Abernathy, Copps and Martin. - FCC - Enforcement Bureau Contacts: John Winston at
- http://www.fcc.gov/eb/News_Releases/nrsbc1016.html http://www.fcc.gov/eb/News_Releases/nrsbc1016.pdf
- the Commission did find that SBC appears to be liable for other apparent violations. Specifically, the Commission found that: 1. SBC appears to have violated section 1.17 of the Commission's Rules by intentionally misrepresenting information to the Enforcement Bureau during the investigation. The Commission proposed a fine of $120,000 for this apparent violation. 2. SBC appears to have violated section 1.65 of the Commission's Rules when it failed to notify the Commission in a timely manner that the information in the affidavits was inaccurate. For this, the Commission proposed a $1.2 million fine. 3. SBC appears to have failed to comply with the terms of an SBC Consent Decree that resolved a 1999 Commission investigation into allegations that SBC employees had
- http://www.fcc.gov/eb/Orders/2001/fcc01308.html http://www.fcc.gov/eb/Orders/2001/fcc01308.pdf
- has supplied to the Commission during the course of this investigation, we find that SBC is apparently liable for a forfeiture for: (1) apparently failing to notify the Commission within 30 days that information contained in its section 271 application for Kansas and Oklahoma was no longer substantially accurate or complete in all significant respects, in apparent violation of section 1.65 of the Commission's rules, 47 C.F.R. 1.65; (2) apparently making a misrepresentation or a willful material omission bearing on a matter within the jurisdiction of the Commission in a written statement submitted by SBC in connection with the investigation into the filing of the incorrect affidavits in the Kansas/Oklahoma section 271 proceeding, in apparent violation of section 1.17 of the
- http://www.fcc.gov/eb/Orders/2002/FCC-02-142A1.html
- (``PSAP'') or by October 1, 2001, whichever is later, in willful and repeated violation of Section 20.18(g)(2) of the Rules, again without even requesting a waiver;3 (3) failed to notify the Commission within 30 days that information contained in its E911 waiver request was no longer substantially accurate or complete in all respects, in willful and repeated violation of Section 1.65 of the Rules;4 and (4) failed to make a supplementary filing notifying the Commission that it was not going to comply with the deployment schedule requirements set forth in the E911 rules in willful and repeated violation of the Commission order granting it a waiver of the E911 rules for its GSM network. For the reasons discussed below, we find
- http://www.fcc.gov/eb/Orders/2002/FCC-02-153A1.html
- ) FRN Nos. 0004-3051- 24 SBC Communications, Inc. ) 0004- 3335-71 ) 0005-1937- 01 ORDER Adopted: May 22, 2002 Released: May 28, 2002 By the Commission: 1. The Commission has been conducting two investigations into potential violations by SBC Communications, Inc. (``SBC'') of sections 251 and 271 of the Communications Act of 1934, as amended (``the Act''),1 sections 1.17 and 1.65 of the Commission's Rules,2 and the requirements of the SBC/SNET Consent Decree.3 These investigations focused on competitors' access to SBC's operations support systems (``OSS'') and information SBC provided to the Commission as part of its section 271 applications.4 The Commission and SBC have negotiated the terms of a Consent Decree that will terminate these investigations. A copy of the Consent
- http://www.fcc.gov/eb/Orders/2002/FCC-02-283A1.html
- NAL/Acct. No. 200232100002 ) FRN 0003-7665-32 ORDER Adopted: October 8, 2002 Released: October 9, 2002 By the Commission: 1. In this Order, we adopt a Consent Decree terminating the above-captioned proceeding1 regarding possible violations by AT&T Wireless Services, Inc. (``AT&T Wireless'') of the enhanced 911 (``E911'') Phase II provisions of Section 20.18 of the Commission's Rules (``Rules''),2 Sections 1.17 and 1.65 of the Rules,3 and the supplemental filing requirement set forth in the Commission order granting AT&T Wireless a waiver of the E911 Phase II rules for its Global System for Mobile Communications/General Packet Radio Service network.4 2. The Commission and AT&T Wireless have negotiated the terms of a Consent Decree that would resolve this matter and terminate the above-captioned proceeding.
- http://www.fcc.gov/eb/Orders/2004/DA-04-2437A1.html
- train its employees regarding compliance with the technical requirements of Part 18 of the FCC's Rules in the design and manufacture of ultrasonic devices; (b) train its employees regarding compliance with Part 2 of the FCC's Rules regarding the sale, marketing, and distribution of ultrasonic devices; (c) train its employees regarding compliance with the obligation pursuant to Sections 1.17 and 1.65 of the FCC's Rules to ensure and maintain the accuracy and completeness of any materials or information provided to the FCC; and (d) train its employees regarding the requirements of the Consent Decree. 4. Disciplinary Action If, after an internal investigation and based upon a preponderance of the evidence, Blackstone~NEY concludes that one of its employees has intentionally made any
- http://www.fcc.gov/eb/Orders/2004/DA-04-3026A1.html
- (``US West''). In that case, US West, an auction participant, disclosed and discussed its bidding strategy to, and cooperated with, a competing auction participant during the auction, and failed to timely notify the Commission of the prohibited disclosure, discussion and arrangement. As a consequence, the Commission imposed a $1,200,000 forfeiture against US West for its violations of sections 1.2105(c) and 1.65 of the Commission's rules. 43 Response at 7. 44 Response at 9-10. 45 Id. at 8. 46 47 U.S.C. 312(f)(1). 47 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982). 48 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991). 49 Id. at 10. 50 As described in
- http://www.fcc.gov/eb/Orders/2006/FCC-06-128A1.html
- be and to remain a Commission licensee; 3. to determine whether CRS made misrepresentations and/or lacked candor and/or violated Section 1.17 of the Commission's rules regarding the felony convictions of Mr. Doty in any applications filed with the Commission; 4. to determine whether CRS failed to timely amend Commission applications to disclose Mr. Doty's felony convictions, in violation of Section 1.65 of the Commission's rules; 5. to determine whether CRS made false certifications in any applications filed with the Commission; 6. to determine, in light of the evidence adduced pursuant to the foregoing issues, whether Mr. Doty is qualified to be and to remain a Commission licensee; 7. to determine, in light of the evidence adduced pursuant to the foregoing issues,
- http://www.fcc.gov/eb/Orders/2007/DA-07-1685A1.html
- ) Order Adopted: April 11, 2007 Released: April 13, 2007 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Venture Technologies Group, LLC ("VTG"). The Consent Decree terminates an investigation by the Bureau concerning (1) VTG's possible false certifications and violations of the requirements of Sections 1.65 of the Commission's rules in connection with its applications for licenses to cover the construction permits for the above-captioned deleted low power television stations, and (2) possible violations of Section 74.763(b) of the Commission's rules in connection with the operation of those stations. 2. The Bureau and VTG have negotiated the terms of the Consent Decree that resolves this matter.
- http://www.fcc.gov/eb/Orders/2007/FCC-07-125A1.html
- be and remain Commission licensees. A. Failure to File Required Forms or Information 46. Under Commission precedent and Sections 4(i), 4(j), 218, 308, and 403 of the Communications Act of 1934, as amended, failure to respond appropriately to a Bureau letter of inquiry constitutes a violation of the Commission's Rules, potentially subjecting the party doing so to serious sanctions. Section 1.65 of the Commission's Rules requires applicants to file substantial and significant changes in information furnished by applicants to the Commission within 30 days of such changes. 47. The record indicates that PAI may have failed to update the Commission regarding substantial and significant changes in information it furnished as a part of its pending construction Waiver Request. In its Waiver
- http://www.fcc.gov/eb/Orders/2011/DA-11-1536A1.html
- TELEPHONE COMPANY, INC. ) NAL/Acct. No.: 201232080004 Participant in Auction No. 86 ) FRN: 0005209374 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 14, 2011 Released: October 14, 2011 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Vermont Telephone Company, Inc. ("VTel"), apparently violated sections 1.17 and 1.65 of the Commission's rules ("Rules") by willfully and repeatedly failing to submit accurate revenue information to the Commission and by failing to maintain the continuing accuracy of its application in connection with its participation in Auction No. 86. Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that VTel
- http://www.fcc.gov/eb/Orders/2011/DA-11-184A1.html
- the violations were due to its employees' lapses and misunderstandings). We note that all applicants for common carrier fixed point-to-point microwave station licenses must certify that "all statements made in th[e] applications and in the exhibits, attachments, or documents incorporated by reference...are true, complete, correct, and made in good faith." See Form 601; General Certification Statements. Furthermore, pursuant to section 1.65 of the Rules, applicants for Commission licenses are "responsible for the continuing accuracy and completeness of information furnished in a pending application." 47 C.F.R. S: 1.65(a). Rather than providing complete and accurate information, the dates provided by Cricket in its filings led the Commission to believe that the company did not construct or operate until two months after WTB granted
- http://www.fcc.gov/eb/Orders/2011/DA-11-60A1.html
- AST's compliance with Sections 214 and 310(d) of the Communications Act of 1934, as amended, and the Cable Landing Licensing Act of 1921, and Sections 1.767, 1.948, 25.119 and 63.24 of the Commission's Rules relating to AST's transfer of control and assignment of Commission authorizations. The Consent Decree also terminates the investigation by the Bureau of AST's compliance with section 1.65 of the Commission's rules relating to the continuing accuracy and completeness of information furnished to the Commission. 2. The Bureau and AST have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts
- http://www.fcc.gov/eb/Public_Notices/DA-11-500A1.html
- Report and Order and Third Further Notice of Proposed Rulemaking, 23 FCC Rcd 5922, 5940 P: 40 (2008). See id. at 5941 P: 49. See id. See FCC Form 303-S (eff. March 2011) (a copy of which is available from the FCC's website), available at http://www.fcc.gov/Forms/Form303-S/303s.pdf. See 47 U.S.C. S: 309(k). See 47 C.F.R. S: 1.17. See 47 C.F.R. S: 1.65 (applicants have a continuing obligation to advise the FCC, through amendments, of any substantial and material changes in the information furnished in this application). Page 2 of 2 PUBLIC NOTICE Page 1of 2 PUBLIC NOTICE FCC ENFORCEMENT ADVISORY Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 News Media
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- operation as set forth in Note 5 of Section 73.3555 of the Commission's rules. 2. The Commission initially granted Scanlan's above-captioned application on September 29, 1999 as part of a settlement among four mutually exclusive applicants for Channel 10 in Ishpeming. However, it was subsequently discovered that Scanlan had not timely amended its Channel 10 application, as required by Section 1.65 of the Commission's rules, to report the April 12, 1995 filing and the March 7, 1996 grant of its WBKP(TV) application. Rather, on September 14, 1999, Scanlan tendered an amendment to its Channel 10 application to report the existence of WBKP(TV) and to request that the Commission permit the operation of WBKP(TV) as a satellite station of proposed Channel 10.
- http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1480A1.pdf
- not have any voting or equity interests, and that, in reality, M&M CD has no ownership, equity, or voting interest in M&M Dayton. M&M Dayton characterizes its amendments as a ``correction,'' not a report of a major change in ownership structure under Section 73.871(a) of the Rules. We accept M&M Dayton's amendments as a correction of an error under Sections 1.65 and 73.871(c)(4) of the Rules. M&M CD could have no equity or voting rights in M&M Dayton because the latter entity is an unincorporated association. Moreover, we note that when M&M Dayton eventually incorporated on December 12, 2001, as a non-profit, non-stock corporation, M&M CD did not have any listed equity or voting rights in M&M Dayton. NLG contends M&M
- http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2086A1.pdf
- file number to pending application). See Rose Broadcasting Co., 68 FCC 2d at 1247 (amendment transferring deceased stockholder's 51 percent interest in applicant to personal representative satisfies ``good cause'' test for acceptance); Peoples Broadcasting Corp., 92 FCC 2d 133, 144-45 (Rev. Bd. 1983) (amendment substituting one stockholder for a deceased stockholder accepted for reporting purposes only under 47 C.F.R. 1.65); Triple C Broadcasting Corp., 12 FCC 2d 503, 504 (Rev. Bd. 1968) (change in the composition of an applicant does not, of itself, preclude acceptance of the amendment, provided good cause is shown). See Richardson Broadcasting Group, 3 FCC Rcd at 5453 (wife and executrix of deceased applicant substituted for individual, deceased applicant on application for new FM station). See
- http://www.fcc.gov/fcc-bin/audio/DA-06-503A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-503A1.pdf
- expire. Matos further explained that when he discovered his error, the parties entered in to a lease agreement for WCHQ(AM) and filed an assignment application. Lacking a plausible motive for deliberate deception, especially when the Commission was in a position to independently confirm compliance with Section 73.1150(c) requirements, we cannot find that International deliberately intended to deceive the Commission. Section 1.65. Bahr next claims that International violated Section 1.65 of the Commission's rules by failing to amend the WGIT(AM) assignment application to provide the information that it had obtained an attributable interest in WCHQ(AM). Assuming International obtained an attributable interest in WCHQ(AM), it still would not have had to report that interest pursuant to Section 1.65. That section requires the updating
- http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.pdf
- resulting in dismissal of the application. See Petition at 8 citing C. Ray Helton, Hearing Designation Order, 4 FCC Rcd 1205 (MMB 1989); Maricopa County Community College District, Hearing Designation Order, 3 FCC Rcd 5637 (MMB 1988); St. Croix Wireless Co., Hearing Designation Order, 2 FCC Rcd 4447 (MMB 1987). See Petition to Deny at 8-9, n.13; 47 C.F.R. 1.65(a). 47 C.F.R. 73.3573(a)(1), (b)(2), and (b)(3). See Omnibus Order, __ FCC Rcd at ___ ( 59). Id. See Ocean Pines LPB Broadcast Corp., Initial Decision, 4 FCC Rcd 7767 (ALJ 1989) (``Ocean Pines''). Id. at 7770. See Fidelity Radio, Inc., Memorandum Opinion and Order, 1 FCC 2d 1145 (Rev. Bd. 1965); Edgefield-Saluda Radio Co., Memorandum Opinion and Order, 5
- http://www.fcc.gov/fcc-bin/audio/DA-07-3969A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3969A1.pdf
- authorizations prevails. In this case, Harris, with 3 authorizations, prevailed over CSN and JPI, which had 572 and 8 authorizations, respectively. Discussion. JPI asserts that Harris has accrued at least two additional broadcast interests since the snapshot date (bringing its tally of attributable authorizations to five) and has failed to notify the Commission of these acquisitions, as required by Section 1.65 of the Commission's Rules. JPI, on the other hand, has since divested all of its stations. As such, JPI argues that: (1) Harris is not qualified to be a broadcast licensee because it lacked candor with the Commission by failing to report the changed conditions in its application, and (2) under any choice based on current data, JPI's qualifications are
- http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.pdf
- point system and applied it to Oregon. See Omnibus Order, 22 FCC Rcd at 6115, n.84; NCE MO&O, 16 FCC Rcd at 5128, App. D(3). See Petition at 8-11; Reply to Opposition at 4-5. See Petition at 14 - 20. See Reply to Opposition at 3 (citing 47 C.F.R. 73.3522 and 73.3573). See Opposition at 7. 47 C.F.R. 1.65. See Opposition at 9. The Research Foundation argues that the University Foundation currently has a forty percent ownership interest in the Research Foundation through shared board members. Id., n.2. For this reason, we need not address the Research Foundation's request for any necessary waiver to reflect the University Foundation's retention of exactly fifty percent control rather than more than fifty
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- (Rev. Bd. 1976). The Commission has since done away with permit extensions, and implemented tolling rules. See 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules, and Processes, Report and Order, 13 FCC Rcd 23056, 23092 (1998), aff'd, Memorandum Opinion and Order, 14 FCC Rcd 17525, 17539 - 40 (1999); 47 C.F.R. 73.3598(b). See 47 C.F.R. 1.65(a). 47 C.F.R. 73.3573(a)(1), (b)(2), and (b)(3). See Omnibus Order, 22 FCC Rcd at 6125. Id. Regents also reported that its name had changed to Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College, without any corresponding change in ownership. (footnote continued...) Federal Communications Commission Washington, D.C. 20554 October 3, 2007
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- ownership changes over a substantial period during which the Commission was unable to act on NCE applications, it would be inconsistent to penalize NCE petitioners that potentially are similarly-situated. Failure to Update Application. CCHI argues that MBC lacks the basic qualifications to be a Commission licensee because MBC failed to report several changes in its governing board, thereby violating Section 1.65 of the Rules and demonstrating a lack of candor. Pursuant to Section 1.65, all Commission applicants are responsible for the continuing accuracy of their applications and, therefore, must amend pending applications whenever the information furnished is no longer substantially accurate and complete. NCE applicants must report ``substantial and significant'' changes, including changes with the potential to reduce their comparative positions
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- must be reported within 30 days of the change. However, because action on NCE applications was delayed for a considerable period due to litigation, and the applications had been submitted prior to the adoption of electronic filing requirements, the Bureau anticipated by late 2004 that many NCE applications were no longer up-to-date. The Bureau reminded NCE applicants of their Section 1.65 obligations, and set a deadline of January 21, 2005, for NCE applicants to update their applications electronically. CAE did not file such an amendment. Oregon alleges that CAE should have amended its application to report that CAE's corporate status was suspended by the California Secretary of State (``State'') and was not reinstated until April 2007, about a week after release
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- ``established local applicant'' and to serve that documentation on the mutually exclusive applicants. We further provide an additional 15-day period thereafter for the other parties to file a response. There is the potential that the Commission will conduct a new point system analysis in this group. Therefore, we remind all applicants in Group No. 9901XP of their obligation under Section 1.65 of the Rules to update their applications to report any significant changes, including any points or tiebreaker factors for which they may no longer qualify due to changed circumstances. Ordering Clause. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by Central Florida Educational Foundation, Inc. IS GRANTED to the extent indicated herein and DENIED
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- for Certain Mutually Exclusive Application Groups; September 16, 2005 Deadline Established for Section 307(b) Submissions; AM New Station and Major Modification Auction Filing Window; Minor Modification Application Freeze, Public Notice, 20 FCC Rcd 10563 (MB/WTB 2005). See Auction No. 84 Filing Window Public Notice. Id., 18 FCC Rcd at 23018. 47 C.F.R. 1.2105(b)(2). Id.; see also 47 C.F.R. 1.65(b) (``Applications in ... broadcast services subject to competitive bidding will be subject to the provisions of 1.2105(b), 73.5002 and 73.3522 of this chapter regarding the modification of their applications.''). Auction No. 84 Filing Window Public Notice, 18 FCC Rcd at 23021 (emphasis added); see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures; Allocation of
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- the station to the Gastonia area. The Commission granted an application (File No. BTCH-20070504ACW) to transfer control of the licensee to Davidson on October 18, 2007. See Letter to Peter Davidson et al., 22 FCC Rcd 18605 (MB 2007). The parties have not yet notified the Commission of the consummation of this transaction. Clay also argues that GBI violated section 1.65 of the Rules, 47 C.F.R 1.65,which requires applicants to keep their applications current and report any significant changes within 30 days. He states that Gaffney amended the Application to specify a new site on October 26, 2007, more than five months after it must have become aware that the CBS site would not be available for use by its
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- Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. LS's 60 dBu contour encompasses 16,250 people. LS's claimed
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- 16655 (MB 2004). 47 U.S.C. 307(b). See Section 307(b) Amendment Deadline Established for Certain AM Auction No. 84 Singleton Applications, Public Notice, 20 FCC Rcd 10710 (MB 2005). Quorum became debtor-in-possession by filing Form 316, File No. BALH-20050325AMM, on March 25, 2005. The application to assign the WSLW(AM) license was assigned File No. BAL-20051122ACK. Pursuant to 47 C.F.R. 1.65, within 30 days of an event affecting the accuracy or completeness of a pending application, an applicant must amend that application to reflect additional or corrected information. Neither Quorum nor WVJT timely filed a corrective amendment to the Application advising the Commission of WVJT's acquisition of WSLW(AM). WVJT did not amend the Application until December 8, 2006, almost eight months
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- transmitter site is unavailable. WXXY asserts that the Application must be dismissed because it will cause ``catastrophic interference'' to its co-channel NCE Station WXXY-FM, Port Republic, New Jersey. Discussion. Major Change in Ownership. PAR asserts that: (1) ENFC has undergone an impermissible major change of ownership, requiring the ``immediate and irrevocable'' dismissal of the Application, and (2) ENFC violated Section 1.65 of the Commission's Rules (the ``Rules'') by failing to apprise the Commission of its ownership changes. PAR bases its allegation on the fact that ENFC disclosed three officers and directors in its initial application, filed March 20, 1998, whereas in ENFC's 2003 and 2004 annual Franchise Tax Reports only one of the original officers is listed. Accordingly, PAR concludes that
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- by Helpline: BNPED-20071019BCF; BNPED-20071019BCG; BNPED-20071019BCH; BNPED-20071019BCJ; BNPED-20071019BCK; BNPED-20071019BCM; BNPED-20071019BCN; BNPED-20071019BCO; BNPED-20071019BCP; and one filed by Spirit: BNPED-20071019BCS. IT IS FURTHER ORDERED That Helpline's retained application BNPED-20071019BCJ, to construct a new NCE station at Hebron, Indiana IS GRANTED as a singleton. IT IS FURTHER ORDERED That Spirit and Helpline must as promptly as possible amend their retained applications pursuant to Section 1.65 of the Commission's rules to revise any of comparative claims that may have decreased as a result of this determination. IT IS FURTHER ORDERED That the ten applications with the highest file numbers are HEREBY DISMISSED as in excess of the cap. Specifically, these applications consist of one filed by Helpline: BNPED-20071022BSU; and nine filed by Spirit: BNPED-20071019BCT; BNPED-20071019BCU; BNPED-20071019BCV;
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- FCC Rcd at 7167 (citing Beaumont Branch of NAACP v. FCC, 854 F.2d 501, 507 (D.C. Cir. 1988); Texas RSA 1 Limited Partnership, Memorandum Opinion and Order, 7 FCC Rcd 6584, 6885 (1992)). Rocky Mountain Radio, 15 FCC Rcd at 7168. Declaration of Howard C. Toole, attached to the Opposition, 4. Id. at 3. See 47 C.F.R. 1.65(a) (``Whenever [an application's] information . . . is no longer substantially accurate and complete . . . the applicant shall . . . within 30 days, unless good cause is shown, amend . . . his application so as to furnish such additional or corrected information.''). Federal Communications Commission Washington, D.C. 20554 December 3, 2008 , - w x
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- persons, while the text in the petition shows 4,413 persons. Apparently the middle two numbers were transposed when the figure was transferred from the technical exhibit to the petition to deny. See NCE R&O, 15 FCC Rcd at 7398, n.17; Supplements and Settlements to Pending Closed Groups of NCE Applications, Public Notice, 16 FCC Rcd 6893 (MB 2001). See Section 1.65 Amendment Deadline Established for NCE FM and FM Translator Applicants, Public Notice, 19 FCC Rcd 24740, 24743 (MB 2004). Daystar proposes to mount its antenna on the tower covered by antenna structure registration number 1032476. However, since the application was filed, the tower owner corrected the tower coordinates and site elevation in FAA Study No. 2003-ASO-5097-OE. This causes the proposed
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- site, as required by local authorities). See Expedite Denial, 21 FCC Rcd at 2958, n.6 (citing Streamlining MO&O, 14 FCC Rcd at 17541, n.56 (no tolling of construction deadline for voluntary site changes even for LPTV and DTV permits which, due to circumstances unique to those services, sometimes qualify for tolling not applicable to radio permits)). See 47 C.F.R. 1.65; Streamlining MO&O, 14 FCC Rcd at 17540 (citing Arizona Number One Radio, Decision, 103 FCC 2d 551, 555 (Rev. Bd. 1986) (applicant demonstrated reasonable assurance of site availability by checking with landowner periodically while its application was pending to determine that the site had not become unavailable in the interim)). Borman argues that she was extremely prompt in filing the
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- to be Measured'' ( Sept. 22, 2004). The Application was accepted for filing on January 11, 2005. See Broadcast Applications, Report No. 25899 (Jan. 11, 2005) at 19. Petitions to deny the Application were due on February 10, 2005. Those non-compliant holdings are grandfathered pursuant to the Ownership Order. See 18 FCC Rcd at 13808. See, e.g., 47 C.F.R. 1.65(a), requiring applicants to maintain the continuing accuracy and completeness of their applications and to report material changes ``as promptly as possible and in any event within 30 days . . . .'' See also Henry Broadcasting Co., Memorandum Opinion and Order, 11 FCC Rcd 1175, 1178 (1995) (Commission relies upon ``the most recent Arbitron survey available for that market .
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- Post claiming that, on August 20, 2008, the Commission's Enforcement Bureau issued a letter commencing an investigation into whether Straight Way Radio, Bernard Radio LLC, D. B. Zwirn Special Opportunities Fund, L.P. and/or D.B. Zwirn & Co. LP engaged in an unauthorized transfer of control regarding stations in Florida and Georgia. They claim that Zwirn had an obligation under Section 1.65 of the Commission's Rules (the ``Rules'') to report this investigation to the Commission. Discussion. Procedural Matters. As an initial matter, we will deny Petitioners' Motion and dismiss their first Supplement. Section 1.106(f) of the Rules provides that supplements to petitions for reconsideration be filed ``within 30 days from the date of public notice of the final Commission action'' unless leave
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- Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. 73.7002(b). Id. 47 C.F.R. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits.
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- As indicated in its filing, Prophecy proposed to construct the tower on land owned by Walter C. Winters (``Winters''). On June 26, 2008, MFHL filed an Informal Objection to the Application, asserting that: 1) at the time of the filing of the Application, Prophecy lacked a reasonable assurance of site availability; and 2) Prophecy later failed to comply with Section 1.65 of the Commission's Rules (``the Rules'') by failing to inform the Commission that the FAA had issued a Notice of Presumed Hazard (the ``Notice'') in connection with the Prophecy proposal. MFHL also accused Prophecy of making false and material misrepresentations to the Commission and called upon the staff to investigate Prophecy. In response, Prophecy filed a ``Response to Informal Objection''
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- Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. 73.7002(b). Id. Id. 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See
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- asserts that Warren states NJHCS does not have an agreement with NJPBA to use the proposed site, which, Rev. Hare maintains, ``confirms'' that NJPBA does not have permission to construct its facilities on the site proposed. WRI concludes that NJPBA has been prosecuting an application without a viable transmitter site, which ``raises several important issues,'' including the violation of Section 1.65 of the Commission's Rules (the ``Rules''). In its Opposition, NJPBA states that WRI is seeking to apply a more stringent site assurance standard than is required by the Commission and that WRI's evidentiary showing ``falls woefully short'' of the site assurance standard applicable in the instant case. NJPBA states that Beverage's assertion that communications antennas are no longer allowed on
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- Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. In such circumstances, the prevailing applicant need not satisfy the 5,000 person differential threshold. See Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001; Mass Media Bureau Provides Examples of Application of NCE
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- (collectively, with the Quemado Application, the ``Applications''). 2. In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Sections 0.283 and 1.80 of the Commission's Rules (the ``Rules''), we find that IJR apparently willfully and repeatedly violated Section 1.65 of the Rules, by failing to report changes in relevant information in the Applications. Based upon our review of the facts and circumstances before us, we grant the Petition in part, conclude that IJR is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000), and we grant the captioned Quemado Application. 3. Background. IJR is
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- and Zion elected to rely on the time-share agreement, the failure of that agreement should result in the forfeiture of their points, and BSR, with three points, should be declared the sole prevailing applicant. Finally, BSR reiterates its argument, also previously rejected by the Commission, that Zion was required to apprise the Commission of its relocation efforts pursuant to Section 1.65 of the Rules and failed to do so. 4. On March 4, 2010, and in response to a staff request for additional information, Zion states that ``[o]n July 1, 2008, the College's primary campus was relocated to Haverhill, [Massachusetts]'' but that it ``continue[s] to own and offer limited courses at the Barrington, Rhode Island campus. So, in fact, we currently
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- Amendment as an officer of the corporation. KBOO avers that it did not violate Section 73.3513 because Mr. Lauer was an officer at the time of the December 2010 Amendment. KBOO had failed to update the December 2010 Amendment's list of Board members. It filed the January 2011 Amendment to correct this oversight. Accordingly, we find no certification defect. Section 1.65 Violation. CVEF alleges that KBOO's failure to update its application to reflect the January 2011 Amendment Board changes is a violation of Section 1.65 of the Rules, which requires applicants to submit an amendment within 30 days of when the information in the pending application is no longer substantially accurate and complete in all significant respects. Only deliberate misrepresentations are
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- must report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. The Commission has clarified that each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five-day period. In addition, section 1.65 of the Commission's rules requires an applicant to maintain the accuracy and completeness of information furnished in its pending application and to notify the Commission of any substantial change that may be of decisional significance to that application. Thus, section 1.65 requires an auction applicant to notify the Commission of any substantial change to the information or certifications included in
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- ``snap shot''). Id. Id. We note that an attachment to a 2004 Bureau Public Notice appears to require that an applicant amend its application to report a ``less favorable position'' with respect to population coverage and fair distribution analysis when it both amends its technical proposal and is the licensee of a new NCE station in the area. See Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM Translator Station Applicants, Public Notice, 19 FCC Rcd 24740, 24743 (MB 2004), Attachment 1, Example 4. To the extent that this Public Notice can be read to imply that an applicant will need to amend to report a less favorable comparative position solely on the basis of the subsequent grant of
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- Complete Applications. Attachment A to this Public Notice lists the short-form applications for Auction 93 that are complete. Each of these applicants will become a qualified bidder upon receipt by the Commission of the required upfront payment by the February 22, 2012, deadline described below. Each applicant must also maintain the accuracy of its short-form application as required by sections 1.65 and 1.2105 of the Commission's rules. Attachment A indicates the construction permits selected by each applicant on its short-form application. If an applicant claimed a new entrant bidding credit, the applicant's claimed bidding credit percentage for each construction permit is indicated as 35 percent or 25 percent. Designation of an application as complete indicates the applicant has provided the certifications
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- (1219) Foreign Language Format Market Measure 2005 2.45 2.07 1.85 * (89) (50) (75) 2007 2.87 2.28 2.17 * (69) (57) (104) 2009 2.23 1.49 * 1.53 * (76) (54) (116) Contour Measure 2005 2.04 2.17 2.40 (108) (64) (42) 2007 2.31 2.46 2.51 (98) (73) (59) 2009 1.70 1.76 1.77 (103) (68) (75) Religion Format Market Measure 2005 2.14 1.65 1.30 * (55) (41) (52) 2007 1.53 1.85 1.33 (39) (32) (62) 2009 1.18 1.59 0.88 (34) (36) (57) Contour Measure 2005 1.70 1.55 1.93 (73) (42) (33) 2007 1.19 1.51 1.95 * (53) (40) (40) 2009 0.88 1.22 1.46 * (53) (31) (43) Table 11 (continued) Average Full-Service Commercial FM Stations' Revenue per Adult by Format Year No LPFM
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- to violate section 1.2105(c) to report such communication in writing to the Commission immediately, and in no case later than five business days after the communication occurs. Each applicant's obligation to report any such communication continues beyond the five-day period after the communication is made, even if the report is not made within the five day period. In addition, section 1.65 of the Commission's rules requires an applicant to report to the Commission any communication of a bid or bidding strategy that results in a bidding arrangement, agreement, or understanding after the short-form filing application deadline. or delivered to the following address: Margaret W. Wiener, Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street, SW,
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- any silence in accordance with 47 C.F.R. 73.1740(a)(4). Request at 2. Request at 2-3. It is not entirely clear whether Rose City is still claiming site assurances sufficient to pursue the pending application. If Rose City had such assurances when it applied but has since lost those assurances, it would be required to amend pursuant to 47 C.F.R. 1.65. Request at 5. 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes, 13 FCC Rcd 23056 (1998), recons. granted in part and denied in part 14 FCC Rcd 17525, 17541 (1999) (``Streamlining MO&O''). Birach Broadcasting Corporation, 18 FCC Rcd 1414, 1416 (2003). Streamlining MO&O, 14 FCC Rcd at 17539. Id. Amendment at 2. Supplement at Attachment
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- therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of a Section 73.7002
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- Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Streamlining MO&O, 14 FCC Rcd at 17541. See 47 C.F.R. 73.3534(d) and 73.3535(c) (1998). See 47 C.F.R. 1.110. See Streamlining MO&O, 14 FCC Rcd at 17539. Kesselman also failed to advise the Commission of the loss of the site specified in its construction permit application in violation of Section 1.65 of the rules. 47 C.F.R. 73.3598(c). Wendell, 17 FCC Rcd at 18579 n.14. (considering a waiver request that was based on an event occurring two months previously). See generally Streamlining R&O, 13 FCC Rcd at 23091 and Streamlining MO&O, 14 FCC Rcd at 17541. (...continued from previous page) (continued....) Federal Communications Commission FCC 03-14 Federal Communications Commission FCC 03-14
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- 1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules and Processes, 13 FCC Rcd 23056 (1998) (``Streamlining R&O''), recon. granted in part and denied in part, 14 FCC Rcd 17525 (1999) (``Streamlining MO&O''). The application contained multiple deficiencies which KRI took five months to correct. See Streamlining MO&O, 14 FCC Rcd at 17536. Pursuant to 47 C.F.R. 1.65(a), KRI should have reported such a change in circumstances to the Commission. See Declaration of Fred Weinberg (dated Dec. 20, 2000), attached to KRI's Petition for Reconsideration. A similar but undated statement from Mr. Weinberg was first submitted on November 9, 1999, as a supplement to KRI's defective license application (File No. BL-990819DD). Supplement to File No. BL-990819DD at 2.
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- maintained that the Commission should find good cause to accept the application amendment or, alternatively, to waive the July 19, 2001, deadline for filing point supplements. We disagree. As the Commission has stated, NCE applicants cannot amend their applications after the supplement date of July 19, 2001, except for good cause. Thereafter, applicants must update their submissions pursuant to Section 1.65 of the Rules to report changes for which they would lose points. However, to promote fairness and transparency in this comparative process, we do not permit an applicant to benefit from any changes in circumstances after the snapshot date. Accordingly, DEB's 2004 amendment is unacceptable for comparative purposes both because it was filed after July 19, 2001, and because it
- http://www.fcc.gov/fcc-bin/audio/FCC-08-3A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-3A1.pdf
- CMP must be divested prior to, or simultaneously with, the transfer of control of CCC. 47 C.F.R. 73.3555 Note 4 and Ownership Report and Order, 18 FCC Rcd at 13809-12. There is an exception for transfers by or to an ``eligible entity,'' but that exception does not apply in this case. CCC amended the Trust Applications, pursuant to Section 1.65 of the Rules, to reflect the stations listed in Appendix B. CCC has been actively seeking to sell various stations (including its broadcast television stations) prior to consummation of the transfer of control. To the extent that such sales have not been consummated as of the date on which this Order is adopted, the stations listed in Appendix C must
- http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-50A1.pdf
- equivalent of hearsay and cannot act as a substitute for affidavits based on personal knowledge that are required to substantiate serious allegations. Furthermore, BSR's generic and unsupported allegation of ``critical harm done to the point process'' does not contain adequate and specific factual allegations sufficient to warrant further inquiry into Zion's captioned application. 25. BSR adds that pursuant to Section 1.65 of the Rules, Zion should have reported to the Commission its alleged relocation plans. All Commission applicants are responsible for the continuing accuracy of their applications, and therefore, must amend pending applications whenever the information furnished is no longer substantially accurate and complete. Information generally must be reported within 30 days of the change. Because BSR has not provided probative
- http://www.fcc.gov/fcc-bin/audio/FCC-08-53A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-53A1.pdf
- to the Commission all Commission determinations of rule violations by the station to enable determination of whether the violations preclude renewal under 47 U.S.C. 309(k). The Rules impose an affirmative obligation on licensees, permittees and applicants to affirmatively report certain information to the Commission, even if that information relates to other proceedings before the agency. See 47 C.F.R. 1.65(a) (``Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application.''); 47 C.F.R. 1.65(c) (``All broadcast permittees and licensees must report annually to the Commission any adverse finding or adverse final action taken by any court or administrative body that involves conduct bearing on the licensee's
- http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-102A1.pdf
- Stereo Broadcasters, Inc. v. FCC, 652 F.2d 1026, 1027 (D.C. Cir. 1981), citing, Northland Television, Inc., 42 RR 2d 1107, 1110 (1978). See also Northwestern Indiana Broadcasting Corp., 60 FCC 2d 205, 209-10 (1976). 22 FCC 2d 515 (1970). Id. at 516. LaRose v. FCC, 494 F.2d 1145, 1147 n.2 (D.C. Cir. 1974). Id. at 1149. Id at.1148 n.4. Rule 1.65, 47 C.F.R. 1.65, requires that applicants report substantial and significant changes in information furnished to the Commission. Pursuant to that rule, the Applicants reported Mr. James's death, indicated this would necessitate the filing involuntary transfer of control application, but did not address any change the status of either Barbara James-Petersen or Asta James. Letter, dated October 19, 2006, from
- http://www.fcc.gov/fcc-bin/audio/FCC-10-147A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-10-147A1.pdf
- other grounds, 7 FCC Rcd 6564 (1992) (``Character Policy Statement''). See Character Policy Statement, 5 FCC Rcd at 3252 4. Id. Contemporary Media, Inc. v. FCC, 214 F.3d 187, 193 (D.C. Cir. 2000), cert. denied, 532 U.S. 920 (2001); see also 47 C.F.R. 1.17 (requiring truthful and accurate statements in all statements to the Commission); 47 C.F.R. 1.65 (setting forth deadlines for revising or amending pending FCC applications if such applications are no longer substantially accurate or complete or there has been a substantial change as to any other matter of decisional significance). Character Policy Statement, 102 FCC 2d at 1210-11 60. See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983). Id. ``[T]he fact
- http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/93-301.pdf
- towardswaiversofSection73.509(a).SeeEadsletteratn.2. Moreover,thestaffalsocorrectlydistinguishedthecases citedbyOpenMediainsupportofitswaiverrequest.With respecttoNewCovenantEducationalMinistries,Inc.,No. 1982.releasedJanuary23,1984(M.M.Bur.)wehave subsequentlyoverruledthestaffsholdingthereinwhich allowedapplicantstonegotiateacceptableinterference.In ourAmendmentofPart73oftheCommission'sRulesto PermitShort-SpacedFMStationAssignmentsbyUsingDirec- tionalAntennas,6FCCRcd5356,5361(1991),weestab- lishedthatwewerethesolearbiterindetermining interferencestandardsanddisallowedapplicantsfromnego- tiatinginterferencestandardsonacase-by-casebasis.There- in.wefurthernotedthatonestation'sacceptanceof interferencewouldprecludesomefuturefacilitychanges bythestationwhichcausestheinterference.'Furthermore. NewCove-nantinvolvedthirdadjacentchanneloverlap, whereasthiscaseinvolvesfirstadjacentchanneloverlap.In EducationalInformationCorporation,6FCCRcdat2208, wedistinguishedfirst-adjacentchanneloverlapfromsec- ond-orthird-adjacentchannelcontouroverlap: Overlapofco-channelorfirstadjacentchannelsig- nalsisamoreseriousmattersincetheinterference thatmayoccurresultsinthelossofserviceovera widearea.Secondorthirdadjacentchanneloverlap mayresultinthereplacementofonesignalbyan- other(notthecompletelossofservice)andiscon- finedtoaverysmallareaaroundthetransmitterof theinterferingstation.Inaddition.thepotentialfor suchinterferencetooccurdependstoagreatextent onthequalityofthereceiversusedwithintheaf- fectedarea. Finally.wenotethatinNewCovenantthestaffwaivedas deminimisthirdadjacentinterferencewithin2.1%ofthe protectedservicearea.whereasintheinstantcaseap- plicantsseekawaiveroffirstadjacentinterferencewithin 6.9%oftheprotectedservicearea.Inshort.theNewCoven antdecision,totheextentitremainsviable.isnotanalo- (e.g.coveredbyalake),whichhasbeenaconsiderationin previouswaivers.Finally,thereisnosignificancetothefact thatthestationfromwhichOpenMediawouldreceiveinterfer- encereceivesinterferencefromyetanotherstation,asallegedby OpenMedia. FCC93-301 goustothecircumstancespresentedhere.Weconclude thatawaiverinthiscaseongroundsthattheproposed overlapisdeminimisisnotwarranted. 9.Insummary,theoperativefactsarethatOpenMedia's noncompliancewithSection73.509(a)oftheCommission's RulesisvoluntaryandthatOpenMediahasfailedto demonstrateitsentitlementtoawaiver.Absentsucha demonstration,itsapplicationwasproperlyreturned.Ac- cordingly,weaffirmthestaffaction. 10.ReconsiderationofGrantofNIU/REBFApplication.In itspetitionforreconsideration,OpenMediaarguesthatthe staffviolateditsAshbackersrightsandSection73.3591 (Grantswithouthearing)oftheCommission'sRulesin makinganexpartegrantofaconstructionpermitto NIU/REBF.OpenMediaalsoallegesthatNIU/REBFmis- representedandfailedtodemonstrateitsfinancialquali- fications.failedtocomplywithSection1.65ofthe Commission'sRulesandviolatedtheCommission'sex parterules.OpenMediafurtherarguesthatgrantofthe NIU/RBEFapplicationviolatesSection307(b)oftheCom- municationsActof1934,asamended,aswellasSections 73.3517(Contingentapplications),73.3518(Inconsistentor conflictingapplications)and73.3520(Multipleapplica- tions)oftheCommission'sRulesandiscontrarytopublic policy.Finally,petitionerclaimsthatinquiryiswarranted todeterminewhetherNIU/REBFfalselystateditsintended communityoflicense. 11.Wedenyreconsiderationforthefollowingreasons. Initially,thereisnoviolationofOpenMedia'sAshbacker rightsnorviolationofSection73.3591oftheCommission's Rules.Initsletterissuingtheconstructionpermitto NIU/REBFwhileOpenMedia'sapplicationforreviewof thedismissalofitsapplicationwaspending,thestaffcited MeridianCommunications,2FCCRcd5904(Rev.Bd. 1987).ContrarytoOpenMedia'scontentions,wefindthat casetobeapposite.Meridianholdsthatasamatteroflaw andCommissionapplicationprocessingpolicy,grantofan applicationcannotbecomefinaluntilthepetitionforre- considerationorapplicationforreviewchallengingdis- missalofamutuallyexclusiveapplicationisadjudicated. Simplystated,thecloudoverthegrantedapplicationwill notdissipateuntilreconsiderationorreviewisgrantedor denied.Thus,thegranttoNIU/REBFdoesnotprevent OpenMediafromhavingitsapplicationforreviewdecided bytheCommissionandNIU/REBFareonnoticethatthey proceedtoconstructattheirownrisk.Indeed,atpage4of theJanuary23.1990,constructionpermittoNIU/REBF thefollowingstatementappears: Theissuanceofthispermitisconditionedonthe outcomeoftheapplicationforreviewfiledbyOpen MediaCorporation.Accordingly.anyconstruction undertakenpursuanttothispermitisatthe permittee'ssolerisk. Thus.OpenMedia'sAshbackerrightswerenotviolatedby issuanceoftheconstructionpermittoNIU/REBF.More- over,sinceOpenMediahasnotbeenprejudicedbythe grantoftheconstructionpermit,itsallegationswithrespect 5 AshbackerRadioCorp.v.FCC,326U.S.327,333(1945). 6Similarly,NIU/REBF'sfailuretoserveOpenMediawithits December5,1989,responsetotheCommissioninquirydoesnot raiseasubstantialandmaterialquestionoffact.Itiswell FederalCommunicationsCommissionRecord 8FCCRcd.No.13 tononcompliancewithSection73.3591oftheCommis- sion'sRulesareimmaterial.Similarly,totheextentthat theremayhavebeenatechnicalviolationoftheCommis- sion'sexparterulesinthatOpenMediawasnotsenta copyoftheJanuary23,1990,constructionpermitissuedto NIU/REBF.--itwasharmlesserror.WenotethataPublic Notice(ReportNo.20776)oftheactiongrantingthecon- structionpermitwasreleasedonJanuary29,1990.Accord- ingly.OpenMediawasnotprejudicedasisevidencedby thefactthatittimelyfileditspetitionforreconsideration.6 12.WealsorejectOpenMedia'sallegationsthat NIU/REBFwasnotfinanciallyqualified.misrepresented factsandfailedtocomplywithSection1.65oftheCom-
- http://www.fcc.gov/ib/pd/pf/214guide.html
- by [53]Section 63.18 of the Commissions rules. 47 C.F.R. 63.18. A sample application is attached the bottom of these guidelines that applicants may follow. Insufficiency of an application may result in denial or removal from streamlining procedures. Applicants are also under an obligation to maintain the continuing accuracy and completeness of information furnished in a pending application pursuant to Section 1.65 of the Commissions rules, 47 C.F.R. 1.65. The Commission may request further information as necessary pursuant to Section 1.17 of the Commissions rules, 47 C.F.R. 1.17, and Sections 4(i) and 403 of the Communications Act, 47 U.S.C. 154(i), 403. The information required to be included in initial Section 214 applications also is required to be included in applications to assign
- http://www.fcc.gov/ib/pd/pf/circuit.pdf
- 48% 23% 12 14 9 7Philippines 2,835 826 3 3,664 1,599 3.43 5.05 12.29 42% 108% 53% -6% 13 8 10 1Netherlands 1,179 2,028 66 3,273 3,006 0.58 0.56 1.84 10% 7% 8% 78% 14 13 8 4Dominican Republic 2,156 695 0 2,851 833 3.10 2.15 2.57 30% -10% 17% 325% 15 26 22 1Spain 1,722 1,041 46 2,809 1,705 1.65 6.01 14.74 42% 418% 93% -17% 16 16 16 6Venezuela 1,611 1,080 2 2,693 1,567 1.49 2.14 4.14 15% 66% 31% -8% 17 17 21 7Taiwan 1,635 996 2 2,633 907 1.64 2.32 6.82 19% 68% 33% -24% 18 12 12 1Italy 1,700 813 44 2,557 1,356 2.09 2.34 9.36 -4% 8% -1% 10% 19 21 17 1Switzerland 1,237 1,111
- http://www.fcc.gov/ib/pd/pf/csreport.pdf
- 1,223 1.25 1.92 3.56 4.27 4 27 20 14 13Dominican Republic 2,297 556 0 2,853 633 4.13 5.17 3.10 2.15 2 28 n.a. n.a. n.a.Egypt 270 2,365 0 2,635 68 0.11 1.04 1.75 3.63 7 29 21 24 n.a.Malaysia 680 1,927 0 2,607 173 0.35 0.37 0.37 1.54 1 30 18 15 26Spain 1,493 1,057 2 2,552 1,878 1.41 1.73 1.65 6.01 Top 30 International Points Circuits 281,175 535,916 34,440 851,531 329,906 0.49 0.75 1.09 1.28 Total for all International Points 310,401 561,786 34,711 906,898 344,695 0.52 0.81 1.18 1.41 Top 30 as % of all Intern'l Points 90.6% 95.4% 99.2% 93.9% 95.7% Regional Total Western Europe 87,857 276,164 20,796 384,817 105,885 0.30 0.47 0.85 0.93 Africa 2,756 4,519 0 7,275
- http://www.fcc.gov/ib/pd/pf/csreport_2000.pdf
- 30,622 0.05 0.09 0.34 0.56 8 7 7 7 6Australia 11,444 43,052 1,291 55,787 5,407 0.26 0.10 0.63 0.97 7 8 10 10 8Korea, South 4,874 36,232 1,471 42,577 1,793 0.13 0.29 0.56 0.59 6 9 12 12 11Brazil 2,649 29,789 1,284 33,722 16,220 0.09 0.24 0.56 0.64 1 10 8 9 7France 5,896 16,614 3,780 26,290 3,775 0.29 0.51 1.65 0.89 7 11 15 19 20Singapore 975 22,721 1,622 25,318 842 0.04 0.10 0.43 0.40 7 12 26 22 25China 1,557 23,298 1 24,856 864 0.07 0.45 1.87 3.52 1 13 11 6 9Sweden 2,958 17,895 0 20,853 2,619 0.17 0.49 0.28 0.28 7 14 9 11 10Hong Kong 1,663 14,463 1,261 17,387 1,299 0.11 0.11 0.26 0.41 7 15
- http://www.fcc.gov/ib/sand/agree/files/mex-bc/fmbc.pdf
- 1.90 112 03 43 100.00 110 48 18 3.00 109 19 24 2.80 111 30 59 3.00 112 07 00 5.00 112 07 02 .04 109 31 45 3.00 109 33 06 3.00 109 27 52 100.00 112 03 46 100.00 112 34 55 52.00 110 48 14 3.00 110 51 53 90.00 110 47 49 50.00 111 02 38 1.65 110 34 12 50.00 113 53 08 46.00 113 52 55 .91 114 21 57 17.00 114 13 06 1.15 114 19 18 50.00 114 20 42 100.00 114 11 37 1.05 111 05 09 3.00 112 03 36 100.00 112 03 35 100.00 110 48 14 3.00 110 55 38 .22 110 47 20 .90 111 00 50 3.00
- http://www.fcc.gov/mb/engineering/part78.pdf
- headend link or LDS station license shall contain a statement that the applicant has investigated the possibility of using cable rather than microwave and the reasons why it was decided to use microwave rather than cable. Note: Each applicant filing pursuant to 78.15 is responsible for the continuing accuracy and completeness of all information in such applications. The provisions of 1.65 are wholly applicable to applications pursuant to 78.15, as well as to amendments filed pursuant to 78.17, and objections filed pursuant to 78.22, except that where the specific provisins of 78.15, 78.17, 78.22 conflict with the provisions of 1.65, the specific provisions are controlling, e.g., where requirements for service on specified parties of certain information may vary. (c) CARS applicants
- http://www.fcc.gov/mb/peer_review/prlpfm_rpt_economic_study.pdf
- (1219) Foreign Language Format Market Measure 2005 2.45 2.07 1.85 * (89) (50) (75) 2007 2.87 2.28 2.17 * (69) (57) (104) 2009 2.23 1.49 * 1.53 * (76) (54) (116) Contour Measure 2005 2.04 2.17 2.40 (108) (64) (42) 2007 2.31 2.46 2.51 (98) (73) (59) 2009 1.70 1.76 1.77 (103) (68) (75) Religion Format Market Measure 2005 2.14 1.65 1.30 * (55) (41) (52) 2007 1.53 1.85 1.33 (39) (32) (62) 2009 1.18 1.59 0.88 (34) (36) (57) Contour Measure 2005 1.70 1.55 1.93 (73) (42) (33) 2007 1.19 1.51 1.95 * (53) (40) (40) 2009 0.88 1.22 1.46 * (53) (31) (43) Federal Communications Commission DA 12-2 89 Table 11 (continued) Average Full-Service Commercial FM Stations' Revenue per
- http://www.fcc.gov/ogc/documents/opinions/1996/redrock.html http://www.fcc.gov/ogc/documents/opinions/1996/redrock.wp
- feasibility of EAR's proposed site; further, it argues that the Commission would have acknowledged that fact and returned EAR's application for want of a feasible antenna site if EAR had not hidden the information about the FAA's determination from the FCC for six months instead of reporting it within 30 days, as required by the Commission's regulations (citing 47 C.F.R. 1.65). We admit to some sympathy for Red Rock's position here and elsewhere in this case, but we are faced with the understandably rigid requirements of the hard look rule. Contrary to Red Rock's assertion, FAA approval is not one of the FCC's technical acceptance requirements. See Bobby Duffy, 7 F.C.C.R. 1734, 1735 (1992). Thus, Red Rock has failed to "raise
- http://www.fcc.gov/ogc/documents/opinions/2000/98-1516.doc http://www.fcc.gov/ogc/documents/opinions/2000/98-1516.html
- 47 C.F.R. \'a7 1.1214 ("Any party to a proceeding ... who has substantial reason to believe that any violation of [the ex parte rules] has been solicited, attempted, or committed shall promptly advise the Office of General Counsel in writing of all the facts and circum stances which are known to him or her."); }{\i\fs22\insrsid744098 see also}{\fs22\insrsid744098 47 C.F.R. \'a7 1.65(a) ("Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending applicati on.... Whenever there has been a substantial change as to any other matter which may be of decisional significance in a Commission proceeding involving the pending application, the applicant shall as promptly as possible ...
- http://www.fcc.gov/pshs/techtopics/techtopics17.html
- power in Watts, or in dBm, a decibel power corresponding to an average transmit power in milliwatts. The antenna gains and cabling losses are reflected in dBi corresponding to the isotropic antenna as opposed to dBd for half-wave dipole antennas. If dBd were used instead, there would be a difference (less) of 2.15 dB since there is a gain of 1.65 (power ratio) when comparing isotropic antennas to half-wave dipole antennas. A dipole antenna has a gain of 1.65 (2.15 dB) above an isotropic. To complete the thought, the product of P[t]G[t] represents the average transmit power times the antenna gain and is referred to as isotropic if the antenna is considered a point source (such that all relationships are considered
- http://www.fcc.gov/transaction/Information_Letter_July_8.pdf
- and, where appropriate, amend the application to reflect such responses. We would appreciate receiving your response to each inquiry no later than August 6, 2003. 1 The application was submitted pursuant to Sections 214 and 310 of the Communications Act of 1934. 47 U.S.C. 214, 310. 2 Id. 310(d). 3 Id. 308(b); see also 47 C.F.R. 1.65. 2 Your responses should be filed with Marlene H. Dortch, Secretary, FCC, under reference number MB Docket No. 03-124. In addition, the Public Notice4 and the Protective Order5 require the submission of multiple copies of all Ex Parte and other filings submitted in this proceeding. The Media Bureau also should receive, at a minimum, two copies of all paper filings,
- http://www.fcc.gov/transaction/att-comcast/jointdoccov.pdf
- requests cover all forms of documentation, including all electronic versions and any copies with notations or interlineations. Please file an original plus one copy of your responses with Marlene H. Dortch, Secretary, Federal Communications Commission, pursuant to the filing procedures for ex parte submissions set forth in the March 29, 1 47 C.F.R. 308(b); see also 47 C.F.R. 1.65. 2002 Public Notice in this proceeding, as amended.2 This notice specifies the number of copies that must be delivered to certain Commission staff. Any document that contains material deemed proprietary or confidential should be filed with the Commission pursuant to the Protective Order adopted in this proceeding on March 29, 2002 (DA No. 02-734). In order to expedite the Commission's
- http://www.fcc.gov/transaction/comsat-telenor/fcc01-369.pdf
- initial application and still pending at the time of the release of this Order and Authorization should be deemed to be covered by this Order and Authorization to the extent that the pending applications are listed in Appendix A. The Applicants should amend any current pending applications to reflect the transaction approved by this Order and Authorization consistent with Section 1.65 of the Commission's rules.155 56. The waiver request did not identify, nor are we aware of, any pending applications that are subject to a cut-off deadline. Therefore, under these circumstances, no waiver is necessary. Accordingly, the waiver request is rendered moot. V. CONCLUSION 57. In view of the foregoing, we find that granting the applications to assign the licenses and
- http://www.fcc.gov/transaction/echostar-directv.html
- Public Notice 12/21/01 [177]EchoStar Communications Corporation, General Motors Corporation, and Hughes Electronics Corporation Seek FCC Consent For a Proposed Transfer of Control CS Docket No. 01-348, DA 01-3005 Applications 04/02/02 [178]Application For Authority to Launch and Operate New EchoStar 1 filed by EchoStar Communications Corporation, General Motors Corporation and Hughes Electronics Corporation [179]Technical Supplement 12/18/01 [180]Letter pursuant to 47 C.F.R. 1.65 notifying the Commission of the definitive agreement with Vivendi Universal S.A. filed by EchoStar Communications Corporation, General Motors Corporation and Hughes Electronics Corporation 12/3/01 VOLUME I - [181]Consolidated Application For Authority to Transfer Control filed by EchoStar Communications Corporation, General Motors Corporation and Hughes Electronics Corporation Attachments: - [182]Declaration of Dr. Robert D. Willig on behalf of EchoStar Communications Corporation,
- http://www.fcc.gov/transaction/echostar-directv/genmot3_reply022502.pdf
- Applicants could not appropriately speculate about Agreements that had not been reached. As a result, there was no reason or requirement to disclose anything about the transaction -- there was no guarantee that the transaction was actually going to take place. Shortly after the transaction was entered into and made public, EchoStar and Hughes filed a letter pursuant to Section 1.65 of the Commission's Rules notifying the Commission of the transaction and its relevant details. See Vivendi Notification Letter at 1. This went above and beyond EchoStar's obligations under the rules. The transaction was not even ready to close when EchoStar filed its notification letter. 126 operators."309 For example, with fewer subscribers, EchoStar and DIRECTV are not able to realize the
- http://www.fcc.gov/transaction/echostar-directv/informationrequest020402.pdf
- supporting documentation for the questions set forth in the attached Initial Information and Document Request and, where appropriate, amend the application to reflect such responses. 1 The application was submitted pursuant to Sections 214 and 310 of the Communications Act of 1934. 47 U.S.C. 214, 310. 2 Id. 310(d). 3 Id. 308(b); see also 47 C.F.R. 1.65. Your responses should be filed with William F. Caton, Acting Secretary, Federal Communications Commission under reference number CS Docket No. 01-348. We would appreciate receiving your response to each inquiry no later than March 6, 2002. Please contact Marcia Glauberman, Policy and Rules Division, Cable Services Bureau, 202-418-7046, with any questions regarding this information request. Sincerely, W. Kenneth Ferree Chief,
- http://www.fcc.gov/transaction/echostar-directv/nrtc_petdeny061702.pdf
- Counsel for EchoStar Conununications. and Gary M. Epstein. Counsel for General Motors Corporation and Hughes Electronics Corporation (March 7, 2002); See also Letter from W. Kenneth Ferree, Chief, Cable Services Bureau. to Pantelis Michalopoulos. Counsel for EchoStar Conununications, and Gary M. Epstein. Counsel for General Motors Corporation and Hughes Electronics Corporation (February 4, 2002). 9 See e.g., 47 C.F.R 1.65 (stating that applicants are responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Applicants are required to notify the Commission of any changes ''as promptly as possible and in any event within 30 days."). -5- milestones prior to [its milestone date].,,10 EchoStar reasonably could not have believed
- http://www.fcc.gov/transaction/echostar-directv/nrtc_reply070302.pdf
- in an attempt to explain its February 28, 2002 disclosure to the SEC (SEC Filing) that it will have to ask the FCC 31 EchoStar 10-K, p. 10 (stating that EchoStar "will not complete construction or launch of the satellite by [its milestone] dates and will have to ask the FCC for an extension."). 32 See e.g., 47 C.F.R. 1.65 (stating that applicants are responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Applicants are required to notify the Commission of any changes "as promptly as possible and in any event within 30 days"). 33 EchoStar/VisionStar Authorization, 23. 34 Id., 23. -10- for an extension.35 EchoStar tries
- http://www.fcc.gov/transaction/ge-ses/da012100.pdf
- control and ownership of the Americom Licenses falls within the provisions of Section 25.116(c)(2). Thus, we will exempt GE Americom's pending application from our cut-off rules, and will continue to consider this application concurrently with others in the processing group. GE Americom should amend its pending application to reflect the transaction approved by this Order and Authorization consistent with Section 1.65 of our rules.172 V. CONCLUSION 58. In view of the forgoing, we find that granting the Transfer Application will serve the public interest, convenience, and necessity by increasing competition in the satellite services market to the benefit of U.S. consumers. Accordingly, we grant the application of GE Capital and SES Global for consent to the 16547 C.F.R. 25.116(c). 16647
- http://www.fcc.gov/transaction/intelsat-comsat/lrt_mot072202.pdf
- attached as Exhibit A hereto) outlines a series of additional serious rule violations by Comsat/Lockheed in the merger proceeding, including the following: Comsat/Lockheed, in filing a series of Form 312 satellite station transfer applications and amendments, failed to properly notify the Commission of a pending criminal proceeding involving its Florida subsidiary, Comsat/Lockheed failed to file a proper amendment under Section 1.65 in a timely fashion to inform the Commission of the execution by Comsats Florida subsidiary EMS of a criminal plea agreement with the Department of Justice. Comsat/Lockheed filed a declaration under oath which falsely stated that former Comsat senior management served as officers and directors of the Comsat Floida subsidiary for administrative purposes only, which restriction would, if true, constitute
- http://www.fcc.gov/transaction/intelsat-comsat/lrt_petdeny052402.pdf
- misrepresent material acts concerning the status of the USA v. EMS and USA v. Comsat proceedings in connection with their various communications service applications, and the Comsat Merger transfer application and reports filed with the Commission. These actions by Lockheed and Comsat have involved direct and continuing violations of the Commissions rules and regulations, including, in particular, 47 CFR 1.65. The record clearly confirms that Comsat has in the past not dealt truthfully with the Commission (e.g. the company has admitted filing false information with the Commission) and other agencies of the federal government, including the Department of Defense, the Defense Contract Audit Agency and the US Navy Department, and has failed comply with the Communications Act, the Communications Satellite
- http://www.fcc.gov/transaction/intelsat-comsat/lrt_suppl062302.pdf
- evidence submitted herein shows that Lockheed and Comsat have systematically followed a course of action involving the deliberate failure to disclose information or to misrepresent material facts concerning LRT and its members. These actions by Lockheed and Comsat have involved fraud and deception constituting direct and continuing violations of the Commissions rules and regulations, including, in particular, 47 CFR 1.65. Contrary to the line of argument advanced by Lockheed and Comsat, the Commission has recognized that prior misconduct can have a material bearing on qualifications for non- broadcast, as well as broadcast licensees, and it has assessed the relevance of such matters in non-broadcast license cases consistently based on the principles set forth in the Broadcast Character Policy Statement. see
- http://www.fcc.gov/transaction/news-directv/mb2cablevision071503.pdf
- request pursuant to the Protective Order adopted in this proceeding.4 We would appreciate receiving your response to each inquiry no later than August 6, 2003. 1 The application was submitted pursuant to Sections 214 and 310 of the Communications Act of 1934. 47 U.S.C. 214, 310. 2 Id. 310(d). 3 Id. 308(b); see also 47 C.F.R. 1.65. 4 See News Corporation, General Motors Corporation, and Hughes Electronics Corporation, Order Adopting Protective Order, MB Docket No 03-124, DA 03-1761 (rel. May 22, 2003) ("Protective Order"). 2 Your responses should be filed with Marlene H. Dortch, Secretary, FCC, under reference number MB Docket No. 03-124.5 In addition, the Public Notice6 and the Protective Order require the submission of multiple
- http://www.fcc.gov/transaction/news-directv/mb2gemstar071503.pdf
- request pursuant to the Protective Order adopted in this proceeding.4 We would appreciate receiving your response to each inquiry no later than August 6, 2003. 1 The application was submitted pursuant to Sections 214 and 310 of the Communications Act of 1934. 47 U.S.C. 214, 310. 2 Id. 310(d). 3 Id. 308(b); see also 47 C.F.R. 1.65. 4 See News Corporation, General Motors Corporation, and Hughes Electronics Corporation, Order Adopting Protective Order, MB Docket No 03-124, DA 03-1761 (rel. May 22, 2003) ("Protective Order"). 2 Your responses should be filed with Marlene H. Dortch, Secretary, FCC, under reference number MB Docket No. 03-124.5 In addition, the Public Notice6 and the Protective Order require the submission of multiple
- http://www.fcc.gov/transaction/news-directv/secondrequest101603.pdf
- attached Second Information and Document Request. We also seek copies of those documents we have specifically identified on the attached list, which will be redacted from the public copy of this letter. We would appreciate receiving your response to each inquiry no later than October 29, 2003. 1 Id. 310(d). 2 Id. 308(b); see also 47 C.F.R. 1.65. 2 Your responses should be filed with Marlene H. Dortch, Secretary, FCC, under reference number MB Docket No. 03-124. In addition, the Public Notice3 and the Protective Orders4 require the submission of multiple copies of all Ex Parte and other filings submitted in this proceeding. The Media Bureau also should receive, at a minimum, two copies of all paper filings,
- http://www.fcc.gov/transaction/orbcomm-orbcomm/orbcomm_ltr021902.pdf
- License Corporation and ORBCOMM LLC, respectively (collectively, "Applications"). The Applications were placed on public notice on September 10, 2001. Based upon communications with Commission staff, we understand that you intend to file additional information with the Commission regarding changes in the ownership structure of the proposed assignees in order to maintain the accuracy of the Applications, as required by section 1.65 of the Commission's rules, 47 C.F.R. 1.65. While Commission staff has completed its review to the extent possible with the current information filed in the record of this matter, your anticipated filing describing changes in ownership of the proposed licensee will require additional review to determine if any possible public interest harms may result from the proposed assignment. Therefore,
- http://www.fcc.gov/transaction/univision/ricon091106b.pdf
- occasions and has been slow to notify the Commission of such overages. While the Commission was reviewing the Univision/HBC merger, Univision acquired KTFQ-TV. It failed to notify the Commission of this acquisition as required.19 This inaction was the basis of a petition to deny filed by National Hispanic Policy Institute ("NHPI"). In its complaints, NHPI argued that Univision violated Section 1.65(a) of the Commission's rules, which requires each applicant to ensure "continuing accuracy and completeness of information furnished in the pending application [that] is no longer substantially accurate."20 This instance is evidence of Univision's reluctance to abide by Commission ownership limitations and attempts to not invite inquiry of instances when they are over the limits. Even the language of Univision's current
- http://www.fcc.gov/transaction/xm-sirius/cover-letter-sirius.pdf
- over-designation of responsive documents as "copying prohibited," which has emerged as a problem recently, frustrates the Commission's goals. The Commission reserves the right to take corrective measures to address such problems should they arise. 1The application was submitted pursuant to Section 310(d) of the Communications Act of 1934, 47 U.S.C. 310(d). 2Id. 3Id. 308(b); see also 47 C.F.R. 1.65. 4See Applications of Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc., For Approval to Transfer Control, Protective Order, MB Docket No. 07-57, DA 07-3135 (rel. July 11, 2007) ("Protective Order") at 14. 2 For all hand-deliveries pertaining to the Protective Order, please call Jamila Bess Johnsonof the Media Bureau (202-418-2608) to schedule receipt of hand deliveries, or,in her
- http://www.fcc.gov/transaction/xm-sirius/cover-letter-xm.pdf
- the rule. The over-designation of responsive documents as "copying prohibited," which has emerged as a problem recently, frustrates the Commission's goals. The Commission reserves the right to take corrective measures to address such problems, should they arise. 1The application was submitted pursuant to Section 310(d) of the Act, 47 U.S.C. 310(d). 2Id. 3Id. 308(b); see also 47 C.F.R. 1.65. 4See Applications of Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. For Approval to Transfer Control, Protective Order, MB Docket No. 07-57, DA 07-3135 (rel. July 11, 2007) ("Protective Order") at 14. 2 For all hand-deliveries pertaining to the Protective Order, please call Jamila Bess Johnsonof the Media Bureau(202-418-2608) to schedule receipt of hand deliveries, or,in her absence,Vanessa
- http://www.fcc.gov/transaction/xm-sirius/document-request-sirius.pdf
- any attachments to the document, regardless of whether any privilege is being asserted for such attachment(s); and j.State whether the document has been produced in redacted form. 2. The Company's privilege log shall also conform with all of the following requirements: a.Provide a separate legend identifying each author, addressee, and recipient identified on the Company's privilege log. 3See47 C.F.R. 1.65. Information and Document Request for Sirius Satellite Radio Inc. Page 12of 12 b.Identify on the privilege log, and denote with an asterisk, all attorneys acting in a legal capacity with respect to the withheld document or communication. c.The description of the subject matter of each document shall describe the nature of the document in a manner that, though not revealing
- http://www.fcc.gov/transaction/xm-sirius/document-request-xm.pdf
- h.Provide the number(s) of this Request to which the document is responsive; i.Provide thedocument control number(s) of any attachments to the document, regardless of whether any privilege is being asserted for such attachment(s); and j.State whether the documenthas been produced in redacted form. 2. The Company's privilege log shall also conform with all of the following requirements: 3See47 C.F.R. 1.65. Information and Document Request for XM Satellite Radio Holdings Inc. Page 12of 12 a. Provide a separate legend identifying each author, addressee, and recipient identified on the Company's privilege log. b.Identify on the privilege log, and denote with an asterisk, all attorneys acting in a legal capacity with respect to the withheld document or communication. c.The description of the subject