FCC Web Documents citing 22.225

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees. Assignment or transfer of control: unjust enrichment. Section 1.2111 of the Commission's rules contains the procedures and reporting requirements for assigning or transferring licenses. This section also contains the rules for partitioning a license and disaggregating spectrum, including the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees. Assignment or transfer of control: unjust enrichment. Section 1.2111 of the Commission's rules contains the procedures and reporting requirements for assigning or transferring licenses. This section also contains the rules for partitioning a license and disaggregating spectrum, including the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • Service and other Commercial Mobile Radio Services, WT Docket No. 01-108, Erratum, DA 02-2969 (rel. Nov. 4, 2002) (Cellular Biennial Review First Report and Order and Cellular Biennial Review Second Report and Order, respectively; collectively Cellular Biennial Review Orders). See Competitive Bidding Conforming Edits Order, supra (modified or eliminated sections 22.201, 22.203, 22.205, 22.207, 22.209, 22.211, 22.213, 22.215, 22.217, 22.223, 22.225, 22.227-22.228, 22.960-22.961, and 22.967). CTIA Petition at 20-22. RCA Reply Comments at 5. Radiosoft Comments at 1. AMTA Reply Comments at 8-9. Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18401. 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Seventh CMRS Competition Report, 17 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • Service and other Commercial Mobile Radio Services, WT Docket No. 01-108, Erratum, DA 02-2969 (rel. Nov. 4, 2002) (Cellular Biennial Review First Report and Order and Cellular Biennial Review Second Report and Order, respectively; collectively Cellular Biennial Review Orders). See Competitive Bidding Conforming Edits Order, supra (modified or eliminated sections 22.201, 22.203, 22.205, 22.207, 22.209, 22.211, 22.213, 22.215, 22.217, 22.223, 22.225, 22.227-22.228, 22.960-22.961, and 22.967). CTIA Petition at 20-22. RCA Reply Comments at 5. Radiosoft Comments at 1. AMTA Reply Comments at 8-9. Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18401. 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Seventh CMRS Competition Report, 17 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • may be licensed and used in the Paging and Rural, Air-Ground, Cellular and Offshore Radiotelephone Services. Subpart B sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). The provisions in 47 C.F.R. 22.217, 22.223, and 22.225 are necessary to administer the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids. Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332. Section Number and Title: 22.131(d)(2)(v) Procedures for mutually exclusive applications. 22.201 Paging geographic area authorizations are subject to competitive bidding. 22.217 Bidding credit for small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • A small business is an entity that either: (1) Together with its affiliates and controlling interests has average gross revenues that are not more than $3 million for the preceding three years; or (2) Together with its affiliates and controlling interests has average gross revenues that are not more than $15 million for the preceding three years. 17. Amend § 22.225 by redesignating paragraphs (b) and (c) as paragraphs (a) and (b), and revising newly redesignated paragraph (b) to read as follows: § 22.225 Records maintenance and definitions. * * * * * (b) Definition. The term small business used in this section is defined in § 22.223. 18. Amend § 22.229 by removing paragraphs (a)(4) and (a)(5) and revising paragraph
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
  • the Commission's Rules - Competitive Bidding Proceeding, WT Docket 97-60, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5702 ¶ 26 (1997) (``Part 1 Order''). 47 C.F.R. § 90.814(g) (2001); see Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See, e.g., 47 C.F.R. §§ 1.948, 1.2105, 1.2110, 1.2112, 20.6, 21.38, 22.223, 22.225. See, e.g., id. §§ 1.2110, 22.223, 27.210, 90.814, 90.912, 90.1021, 101.1109. See Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See generally Part 1 Fifth Report and Order, 15 FCC Rcd at 15293. Id. at 15323 ¶ 59. 47 C.F.R. § 1.2110(c)(2). Id. Id. In Ellis Thompson, the Commission identified the following factors used to determine control of
• 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
  • provide the gross revenues, separately and in the aggregate for the applicant, the applicant's affiliates, the applicant's controlling interests, and, if a consortium of small businesses, the members of the joint venture, for the most recently completed three calendar or fiscal years preceding the filing of the applicant's FCC Form 175 based on audited financial statements. See 47 C.F.R. § 22.225(b)(1). If the applicant does not have audited financial statements to document the gross revenues figures provided, it must provide a certification from its chief financial officer or its equivalent that the gross revenue figures indicated in its FCC Forms 175 and 601 applications are true, full, and accurate, and that the applicant does not have the audited financial statements that
• http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
  • the business operation, regardless of how the business operation may be designated by the parties involved. An agreement to share profits/losses proportionate to each party's contribution to the business operation is a significant factor in determining whether the business operation is a joint venture. (ii) The parties to a joint venture are considered to be affiliated with each other. § 22.225 Certifications, disclosures, records maintenance and audits. (a) Short-Form Applications: Certifications and Disclosure. In addition to certifications and disclosures required by Part 1, Subpart Q, of this chapter, each applicant for a paging license which qualifies as a small business or consortium of small businesses shall append the following information as an exhibit to its FCC Form 175: (1) The identity
• http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
  • attributable interest, if such applicant or licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, (A) The nature or types of services offered by such an applicant or licensee; (B) The terms upon which such services are offered; or (C) The prices charged for such services. 8. Section 22.225 is amended by revising paragraphs (a)(1), (b)(1) and (e) to read as follows: § 22.225 Certifications, disclosures, records maintenance and audits. (a) * * * (1) The identity of the applicant's controlling interests and affiliates, and, if a consortium of small businesses, the members of the joint venture; and Federal Communications Commission FCC 99-98 95 * * * * *
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • an attributable interest, if such applicant or licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, (A) The nature or types of services offered by such an applicant or licensee; (B) The terms upon which such services are offered; or (C) The prices charged for such services. § 22.225 Certifications, disclosures, records maintenance and audits. (a) Short-form applications: certifications and disclosure. In addition to certifications and disclosures required by part 1, subpart Q, of this chapter, each applicant for a paging license which qualifies as a small business or consortium of small businesses shall append the following information as an exhibit to its FCC Form 175: (1) The identity
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • the term "controlling principal" to "controlling interest" to conform the rules with the Commission's general competitive bidding rules:81 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e).82 Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules,83 the Part 1 definition of "controlling interest": 22.223(e); 22.225(e); 24.321(b); 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b).84 We also modify section 24.709 to clarify its applicability to existing licensees.85 75 Other modifications to definitions are discussed in paragraph 10 of this Order. For ease of reference, we include here changes to definitional sections that are based on the "controlling interest" standard. 76 47 C.F.R. § 1.2110; Competitive Bidding Second