FCC Web Documents citing 24.709

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

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  • 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile wireless licensees use radio as a tool to enhance the safety and/or efficiency of their non-communications businesses. This difference
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  • in future auctions winning bidders are required to make their final payments prior to initial resolution of petitions to deny, a ready-to-grant public notice would not be necessary. In the context of this Notice, ``entrepreneur'' refers to an entity eligible to hold certain broadband PCS C and F block licenses won in closed bidding. See 47 C.F.R. �� 1.2110 and 24.709. Generally speaking, an applicant or licensee qualifies as an entrepreneur if it, together with its affiliates, persons or entities that hold interests in the applicant or licensee, and their affiliates, has combined total assets of less than $500 million and has had combined gross revenues of less than $125 million in each of the last two years. Id. � 24.709(a)(1).
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  • Content-Transfer-Encoding: 8bit DA 00-145 January 31, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER OF THE ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE UPCOMING PCS C AND F BLOCK AUCTION Comment Date: February 10, 2000 Reply Date: February 15, 2000 SBC Communications Inc. (``SBC'') has filed a request for waiver of the eligibility requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's
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  • Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate in the upcoming C and F block auction. In addition, Nextel urges the Commission to auction one block of spectrum at the end
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  • Rcd 6079 (2000). For C and F block auction eligibility purposes, ``entrepreneurs'' are applicants that, including attributable investors and affiliates, have had gross revenues of less that $125 million in each of the last two years and have total assets of less than $500 million at the time of the applicant's short-form auction application (FCC Form 175). 47 C.F.R. � 24.709(a). But note that, pursuant to 47 C.F.R. � 24.709(b)(9)(i), any entity that was eligible for and participated in either of the first two C block auctions (Auction No. 5 or Auction No.10), will be eligible to bid in C block spectrum auctions that begin within two years of the start of Auction No. 22, March 23, 1999. See Amendment of
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  • its affiliates, persons or entities that hold interests in the applicant, and their affiliates, have combined total assets of less than $500 million and have had combined gross revenues of less that $125 million in each of the last two years. Applicants that can make this showing qualify as ``entrepreneurs'' for purposes of C and F block auctions. See Section 24.709 of the Commission's Rules. Grandfather exception. Qualified applicants that were eligible for and participated in Auction No. 5 or 10 may bid on closed C block licenses in any auction that begins on or before March 23, 2001, even if their total assets and gross revenues exceed the financial caps for auction participation as an entrepreneur. This exception does not
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  • similar issues with regard to the eligibility of Royal and Southwest, each of which based its eligibility on the underlying eligibility of TeleCorp, to hold C and F block PCS licenses. Leaco and Comanche County argue that the Zuma, Poka Lambro, and Denton County applications should be denied because: (1) neither Royal nor Southwest meets the eligibility criteria of section 24.709 of the Commission's rules as of the filing of the assignment applications; (2) neither Royal nor Southwest holds other C or F block licenses or falls within the grandfather provision of section 24.839(a)(2) of the Commission's rules; (3) the assignment agreement gives Poka Lambro a prohibited reversionary interest in the license; and (4) the Zuma to Royal and the Denton
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  • pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret Wiener Deputy Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See ``Wireless Telecommunications Bureau Announces Broadband Personal Communications Services C Block Elections,'' Public Notice, 13 FCC Rcd 16,705 (WTB 1998), App. A (listing Fortunet C block elections and returned and retained licenses) (``C Block Election PN'') 47 C.F.R. � 24.709(b)(9)(ii); Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15,743, 15,750-51, �� 12-13 (1998); Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Order on Reconsideration of the Second Report and Order, 13
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  • percent Powertel: Equity: 49.9 percent (Series A Preferred Stock) Voting: 24.95 percent Sonera Holding: Equity: 30.1 percent (Series B Preferred Stock) Voting: 15.05 percent III. DISCUSSION A. Eliska's Qualifications To Hold C Block PCS Licenses Eliska qualifies as the assignee of C block PCS licenses under section 24.839(a)(2) of the Commission's rules because it meets the eligibility criteria of section 24.709(a). Eliska certified in the Application that its gross revenues combined with those of its affiliates do not exceed $125 million in each of the last two years, and its total assets combined with those of its affiliates do not exceed $500 million at the time of the filing of the Application. Furthermore, Eliska qualifies to hold the eight C block
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  • KNLF882, KNLG279, KNLG280 and KNLG281, FCC File No. 000002035; Application of Leap Wireless International, Inc. for Authorization to Construct and Operate 36 Broadband PCS C Block Licenses, FCC File No. 0000012974, Memorandum Opinion and Order, 14 FCC Rcd 11827 (1999) (``Leap MO&O''). See also Carolina PCS I Limited Partnership Application for Review, filed August 23, 1999. See 47 C.F.R �� 24.709(a)(1) and (b)(2). (continued....) Federal Communications Commission Federal Communications Commission DA 00-279 ���� �@��� �@��� @&
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  • transfers when issues regarding the licensee's basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. 2" See In re applications ofAirTouch Communications, Inc. and Vodafone Group, Pic, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413237 at ffl| 5-9 (WTB rel. June 22, 1999). 24 See 47 C.F.R. �� 24.709, 24.839. 25 As discussed below, we defer WITCO's arguments relating to the proposed acquisition of VoiceStream by DT to IB Docket No. 00-187. 26 See VoiceStream/Omnipoint Order. 15 FCC Red at 3347-50, at ffl] 13-20; VoiceStream/Aerial Order, 15 FCC Red at 10,094-10,096, ffl| 10-16. 2' Section 8149 of the Defense Appropriations Act states: "[a]n Alaska Native regional corporation organized pursuant
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  • For further information, contact Dan Connors of the Commercial Wireless Division at (202) 418-2109. By the Chief, Wireless Telecommunications Bureau -FCC- AT&T Wireless Services, Inc., Petition For Waiver And Expedited Action, filed February 15, 2000; BellSouth Corporation, Petition For Waiver And Expedited Action, filed February 17, 2000. BellSouth's petition also requests a waiver of the Commission's eligibility requirements under Section 24.709 of the Commission's rules to permit BellSouth to participate in the July 26, 2000 C and F block auction. This request will be considered in connection with the Public Notices released by the Wireless Telecommunications Bureau seeking comment on a request to waive the eligibility requirements for participation in the upcoming C and F block auction. See ``Wireless Telecommunications Bureau
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  • Participation in the Upcoming PCS C and F Block Auction,'' Public Notice, DA 00-145 (rel. January 31, 2000). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. C Block Fourth Report and Order at 15761-62, � 34, see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum
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  • Public Notice, DA 00-504 (rel. March 3, 2000). See, e.g., Comments of AT&T Wireless Services, Inc. at 3, filed February 22, 2000; Comments of GTE at 6, filed February 22, 2000; Reply Comments of Nextel Communications, Inc. at 31, filed March 1, 2000. See also Petition of SBC Communications Inc. for Waiver of the Eligibility Requirements of 47 C.F.R. Section 24.709 for the PCS C and F Block Auction and for Expedited Action, filed January 21, 2000 (seeking expedited consideration of request to waive eligibility rules in Auction No. 35 to facilitate their preparation for that auction). See 47 C.F.R. � 0.331 (authority delegated to Wireless Telecommunications Bureau); 47 C.F.R. � 1.3 (suspension, amendment, and waiver of Commission Rules). See also
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  • applicant's other media of mass communications in accordance with 47 C.F.R. �� 73.5007 & 73.5008. Item 11. Entrepreneur Eligibility. If bidding in a wireless auction, place an [X] in the box preceding the Entrepreneur Eligibility, if appropriate. This will signify that the applicant is qualified to bid in an entrepreneur block auction. For the rules concerning eligibility, see 47 C.F.R. 24.709. Item 12. Facilities for which you want to bid. If bidding for wireless licenses, use Schedule A. If bidding for broadcast construction permits, use Schedule B. In addition, see the specific instructions for Schedules A and B. Item 13. Exhibits. If exhibits are attached to the application, check the box provided and indicate the number of exhibits. List in an
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  • licenses available in ``closed'' bidding, bidders must qualify as entrepreneurs, those that, together with their affiliates and persons or entities that hold interests in the applicants and their affiliates, have less than $125 million in gross revenues in either of the past two years prior to the auction, and less than $500 million in total assets. See 47 C.F.R. � 24.709; PCS Sixth Report and Order, 15 FCC Rcd at 16,282 � 30. Licenses offered in ``open'' bidding are available to all bidders, regardless of size. The Commission recently removed entrepreneur restrictions for some, but not all, licenses available in Auction No. 35 and in future C and F Block auctions. See id., 15 FCC Rcd at 16,276 � 20 (explaining
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  • of its interest in Madison SMSA Limited Partnership to an unrelated third party such that the consummation of the merger transaction will not violate 47 C.F.R. � 22.942. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i) and (j), 309, and 310(d), and sections 0.331, 24.709 and 24.839 of the Commission's rules, 47 C.F.R. �� 0.331, 24.709 and 24.839, that the grant of these applications is subject to the condition that, prior to consummating the merger transaction described in the applications, Chorus divest its F block PCS license to an unrelated third party such that the transaction(s) contemplated in the Joint Applications will not violate 47
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  • Section 310 of the Communications Act and the filing and processing of petitions for declaratory ruling should be directed to Claudia Fox, Chief of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1460. Note: There is no need to include an Exhibit B if the applicant responded "No" to Questions 40 through 44. Exhibit C: Eligibility Section 24.709 of the Commission's rules requires each applicant to demonstrate that it is eligible to participate as a qualified entrepreneur in the closed bidding auction, either because it qualifies under the general rule set forth in 47 C.F.R. � 24.709(a) or because it qualifies under the grandfather exception set forth in 47 C.F.R. � 24.709(b)(9)(i). General Rule: In order to be
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  • � 1.2 (2000). See Petition for Declaratory Ruling Pursuant to Section 1.2 of the Commission's Rules, filed by Christine M. Crowe, Counsel for Carolina PCS, on June 11, 2001. See ``Entrepreneurs' C Block Auction Closes,'' Public Notice, DA 96-716, Attachment A (rel. May 8, 1996). Carolina PCS qualified as an entrepreneur by meeting the financial requirements set forth in Section 24.709 of the Commission's rules. 47 C.F.R. � 24.709 (1996). See FCC File Nos. 0000002008, 0000002011, 0000002012, 0000002013, 0000002014, 0000002015, 0000002016, 0000002017, and 0000002018. See FCC File Nos. 0000083370, 0000083372, 0000083375, 0000334642, 0000370950, 0000370952, 0000370956, 0000370957, and 0000370959. Each assignee will receive the same 10 MHz frequency block for all nine disaggregated licenses: Lafayette (1905-1910 MHz and 1985-1990 MHz), VoiceStream (1895-1900
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  • Petition seeks reconsideration of a Public Notice, by which the Wireless Telecommunications Bureau (``Bureau''), inter alia, consented to ClearComm L.P.'s (``ClearComm'') pro forma assignment application of two C block Personal Communications Service (``PCS'') licenses. In its Petition, Centennial challenges whether NewComm Wireless Services, Inc. (``NewComm''), a wholly owned subsidiary of ClearComm, and the assignee of ClearComm's licenses, qualifies under Section 24.709 of the Commission's rules as an ``entrepreneur'' eligible to hold C block PCS licenses. For the reasons stated below, we grant Centennial's Petition in part, and otherwise deny the Petition. II. Background Pro Forma Assignment Application. 2. On February 4, 1999, ClearComm submitted a pro forma application for the assignment of its C block PCS licenses to NewComm. In the
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  • ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES TeleCorp and AT&T Wireless state that this transaction will include the transfer of C and F Block PCS licenses to AT&T Wireless. The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other instances, ``[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' TeleCorp and AT&T Wireless state that five-year build-out notifications have been filed for all of the C and F
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  • the Petition 8. Even if Consumers Alliance had filed a timely petition to deny with respect to all of the Applications and had demonstrated standing to challenge the Applications, we would deny the Petition on the merits. The basis for Consumers Alliance's Petition is the claim that the Assignees do not meet the eligibility criteria as set forth in section 24.709(b) of the Commission's rules. Specifically, Consumers Alliance argues that USCC's gross revenues and assets should be attributed to Assignees because USCC is affiliated with Assignees.'' In the Petition, Consumers Alliance offers in support of that contention little more than bare assertions that because USCC holds a large amount of equity interest in Assignees, we are required by that fact alone
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  • Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698, � 16 (1997). Part 1 Fifth Report and Order, �� 40-42; 47 C.F.R. � 1.2106(a); see also C Block Fourth Report and Order at 15,761-62, � 34; 47 C.F.R. ��1.2105(a)(2)(xi); 24.709(a)(5). Auction No. 39 Comment Public Notice at 3. Havens Comments at 3. Id. See Auction No. 39 Comment Public Notice at 3. Id. at 3. Id. at 4-5. Id. at 4. Id. Id. at 9. Id. at 9-10. Id. at 5. See Balanced Budget Act, section 3002(a), 47 U.S.C. � 309(j)(4)(F). See Amendment of Part 1 of the Commission's Rules
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  • Highland's Form 175 contained an error that other applicants did not make does not render Highland's situation ``unique,'' and does not warrant a waiver. 9. Highland also argues that a waiver of the rules is justified because its initial mistaken calculation was the result of alleged ambiguity in the Commission's attribution rules. Highland contends that a strict adherence to section 24.709 of the Commission's rules led to its counting the majority shareholder's personal income, and that it was not clear, until May of 1999, that personal income was considered part of net worth and therefore not attributable for purposes of calculating average annual gross revenues. Highland further highlights the Commission's 1998 Public Notice as helping to fuel the confusion about the
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  • KNLG715 DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES AWS and Cingular state that this transaction will include the transfer of C and F Block PCS licenses to AWP. The Commission's rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' AWS and Cingular state that five-year build-out notifications have been filed for all the C and F block licenses
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  • ISP-PDR-20021015-00035. DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES ClearComm and TEM state that this transaction will include the transfer of C and F Block PCS licenses to TEM. The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other instances, ``[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' ClearComm and TEM state that five-year build-out notifications have been filed for all of the wireless licenses implicated in
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  • 418-1028 (International Section 214 authorizations only). -FCC- 47 U.S.C. �� 214, 310(d). 47 C.F.R. �� 0.261, 0.331. TeleCorp PCS, Inc. and AT&T Wireless Services, Inc, Seek FCC Consent to Transfer Control of Licenses, WT Dkt. No. 01-315, Public Notice, 16 FCC Rcd. 19,557 (rel. Nov. 8, 2001) (``Acceptance PN''). See 47 U.S.C. �� 214, 310(d). See 47 C.F.R. �� 1.2110(d), 24.709. See id. � 20.6. See id. � 1.2111(c), (d). File No. 0000634850 has been designated as the lead application in this transaction, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application are available through this file number. This application is attached to file no. 0000634850. This application
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  • Long-Form Application Within ten business days after release of the auction closing notice, winning bidders must electronically submit a properly completed long-form application (FCC Form 601) and required exhibits for each license won through Auction No. 48. Winning bidders that are small businesses must include an exhibit demonstrating their eligibility for small business bidding credits. See 47 C.F.R. �� 1.2112(b), 24.709(c)(2)(i). Further filing instructions will be provided to auction winners at the close of the auction. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is
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  • of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, Further Notice of Proposed Rulemaking, 15 FCC Rcd. 9773, 9794, � 42 (2000) (stating that eligibility restrictions apply in closed bidding); see also TPS Utilicom, Inc., Order, 16 FCC Rcd. 14,835, 14,836 n.11 (CWD Policy and Rules Br., 2001) (``TPS Utilicom''); see also 47 C.F.R. � 24.709(a) (criteria for entrepreneurs); Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd. 16,266, 16,282, � 30 (2000) (``Sixth Report and Order''). Licenses offered in "open" bidding are available to all bidders, regardless of size. The Commission recently removed entrepreneur restrictions for some, but
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  • bidding arrangements identified on a bidder's short-form application. This prohibition period commences at the short-form application filing deadline and concludes at the post-auction down payment deadline. The following service-specific rules, which are redundant with all or part of the Part 1 short-form application and certification procedures in section 1.2105, are removed in whole or in part: 21.952; 22.209; 22.227; 22.964; 24.709(a)(4)-(5); 26.205; 27.204(a)-(b); 90.806; 90.906; 90.1009; 100.75; 101.531(a); 101.1104; and 101.1204. Also, the following service-specific rules, which are redundant with all or part of the prohibition on collusion in section 1.2105, are modified or removed in whole or in part: 21.953; 25.405; 27.204(c); and 100.79. Submission of upfront payments. Section 1.2106 of the Commission's rules describes the procedures for submitting upfront
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • bidding arrangements identified on a bidder's short-form application. This prohibition period commences at the short-form application filing deadline and concludes at the post-auction down payment deadline. The following service-specific rules, which are redundant with all or part of the Part 1 short-form application and certification procedures in section 1.2105, are removed in whole or in part: 21.952; 22.209; 22.227; 22.964; 24.709(a)(4)-(5); 26.205; 27.204(a)-(b); 90.806; 90.906; 90.1009; 100.75; 101.531(a); 101.1104; and 101.1204. Also, the following service-specific rules, which are redundant with all or part of the prohibition on collusion in section 1.2105, are modified or removed in whole or in part: 21.953; 25.405; 27.204(c); and 100.79. Submission of upfront payments. Section 1.2106 of the Commission's rules describes the procedures for submitting upfront
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  • LLC KNKA583 II. DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES The Parties state that this transaction will include the transfer of three F Block PCS licenses to AWP. The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' The Parties to those assignments state that five-year build-out notifications have been filed for each of the F block
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  • Cellco state that this transaction will include the transfer of C, D, E and F Block PCS licenses obtained in Auction Nos. 11 and 35 to Cellco. The Commission's rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' The Northcoast Companies and Cellco state that the five-year build-out notifications have been filed for all of the forty-two
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  • Council Tree state that this transaction will include the assignment and transfer of control of C and F Block PCS licenses to AN Subsidiary and ANW Management. The Commission's rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other instances, ``[t]he proposed assignee or transferee meets the eligibility criteria set forth in � 24.709 for this part at the time the application for assignment or transfer of control is filed. . . .'' ANW Management and AN Subsidiary state that they are qualified to hold Alaska Native Wireless' closed bidding licenses and
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  • February 12, 2001, DCC filed its long-form application (FCC Form 601) for the fourteen licenses. It included exhibits providing specific information on its ownership (Exhibit A), its entrepreneur eligibility (Exhibit C), and its various agreements and instruments with other parties (Exhibit E). According to its application, DCC seeks to qualify for entrepreneur status based on the grandfather provisions in Section 24.709(b)(9)(i) of the Commission's rules because DCC had been deemed eligible for and had participated in Auction No. 5. DCC asserts that the two parties that control DCC -- Dobson Communications Corporation (``Dobson Communications'') and Dobson CC Limited Partnership (``DCCLP'') -- are the same two parties that controlled it at the time of Auction No. 5. DCC explains that it is
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  • Power Partners, Inc. KNLH203 II. DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES The proposed transaction would include the assignment of C and F Block PCS licenses to Cingular. The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' The parties state that the five-year build-out notifications have been filed for all of the C and F block
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  • ``natural growth'' and are excluded from the caps on such assets and revenues. The parties acknowledge that Reorganized Leap exceeds the $125 million and the $500 million caps on assets and gross revenues, respectively. The parties allege, however, that these assets and revenues are the product of operation, business development or expanding services, or normal projected growth excludable under section 24.709(a)(2) of the Commission's rules. The parties claim that Reorganized Leap's officers and board of directors will have actual control and will be the identifiable controlling interests of Reorganized Leap. The parties acknowledge that the Directors of Reorganized Leap have attributable interests in business entities that could disqualify Reorganized Leap from its entrepreneur and designated entity status. The parties request that
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  • LLC KNLH623 DESIGNATED ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES The parties state that this transaction will include the assignment of C and F Block PCS licenses to Cingular. The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' The parties state that the five-year build-out notifications have been filed for all of the C and F block
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  • v. FCC, 194 F.3d 174 (D.C. Cir. 1999) (licensee construction period extended due to uncertainty about status of license). 47 C.F.R. � 24.203(a). 47 C.F.R. � 24.203. In other words, those entities that do not meet the criteria established under the Commission's DE rules to hold PCS C and F Block licenses won in closed bidding. See 47 C.F.R. � 24.709 (2002). See 47 C.F.R. �� 24.839(a)(6), 24.203 (2002). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, Further Notice of Proposed Rulemaking, 15 FCC Rcd 9773 (2000) (Commission set the current holding period at five years to guarantee that a C or F block licensee would build out the license); Id., Sixth Report
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  • (rel. Mar. 13, 1995). With respect to licenses formerly held by NextWave Personal Communications, Inc. and NextWave Power Partners Inc. (collectively, ``NextWave'') for spectrum to be associated with licenses offered in Auction No. 58, the Universal Licensing System database will be updated to reflect cancellation of those licenses pursuant to an agreement between the Commission and NextWave. 47 C.F.R. � 24.709(a)(3). Id. � 24.709(a)(4). Id. � 24.709(a)(1). The entrepreneur eligibility restriction does not apply to licenses that were available but not won in any auction beginning on or after March 23, 1999. Id. � 24.709(a)(4)(ii). C block licenses for BTA215, BTA330, and BTA470 were available but not won in Auction No. 22. Accordingly, even though licenses in the C3 and C4
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  • (rel. Mar. 13, 1995). With respect to licenses formerly held by NextWave Personal Communications, Inc. and NextWave Power Partners Inc. (collectively, ``NextWave'') for spectrum to be associated with licenses offered in Auction No. 58, the Universal Licensing System database will be updated to reflect cancellation of those licenses pursuant to an agreement between the Commission and NextWave. 47 C.F.R. � 24.709(a)(3). Id. � 24.709(a)(4). Id. � 24.709(a)(1). The entrepreneur eligibility restriction does not apply to licenses that were available but not won in any auction beginning on or after March 23, 1999. Id. � 24.709(a)(4)(ii). C block licenses for BTA215, BTA330, and BTA470 were available but not won in Auction No. 22. Accordingly, even though licenses in the C3 and C4
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  • DA 04-1639 (rel. Jun 18, 2004), 69 FR 40632 ("Auction No. 58 Comment Public Notice"). An erratum to the Auction No. 58 Comment Public Notice corrected the formula for proposed upfront payments and proposed minimum opening bids. The spectrum recently became available as a result of license cancellation. We note that the license cancellations are uncontested. See 47 C.F.R. � 24.709. Attachment A to this Public Notice does not include Parts 2 and 3, which were included in Attachment A to the Auction No. 58 Comment Public Notice, because none of the additional eight licenses are for ``partial'' markets. Therefore, parties should reference the Auction No. 58 Comment Public Notice for detailed information on licenses listed in Attachment A that have
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  • New Leap's Eligibility The Applicants first suggest that New Leap should be eligible to acquire set-aside licenses and be eligible for designated entity benefits without the need for a waiver of the Commission's rules. The Applicants offer this position despite their acknowledgement that New Leap's gross revenues and total assets exceed the financial eligibility caps set forth in both sections 24.709(a) and 24.720(b). In support of this theory, the Applicants contend that all of New Leap's assets and revenues are ``the product of `revenues from operations,' `business development or expanded service,' or `the normal projected growth' of Leap's gross revenues and assets,'' and should therefore be excluded under the ``permissible growth'' exception of section 24.709(a)(2). The Applicants apparently maintain that the
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  • applicants are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Eligibility Eligibility for Closed Bidding (FCC Form 175 Exhibit C) In order to be eligible to bid for one or more closed C block licenses, an applicant must demonstrate that it meets the eligibility requirements of section 24.709(a) of the Commission's rules. 47 C.F.R. � 24.709(a). Specifically, as of the FCC Form 175 filing deadline, the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, must have combined total assets of less than $500 million and must have had combined gross revenues of less than $125 million in each
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  • below: File No. Licensee Lead Call Sign 0001938332 NextWave Personal Communications, Inc. Debtor-in-Possession KNLF644 0001938304 NextWave Power Partners, Inc. Debtor-in-Possession KNKA351 DESIGNATED ENTITY AND ENTREPRENUERIAL ELIGIBILITY ISSUES The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' The Applicants state that five-year build-out notifications have been filed for all of the C and F-block licenses implicated
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  • Petition For Reinstatement of Licenses and Request For Waiver of Section 1.2110(g)(4) of the Commission's Rules, filed April 26, 2001 (``Petition''). 47 C.F.R. � 1.2110(g)(4). See Entrepreneurs' C Block Auction Closes, Public Notice, DA 96-716 (rel. May 8, 1996); D, E, and F Block Auction Closes, Public Notice, DA 97-81 (rel. Jan. 15, 1997). Petition at 3; see 47 C.F.R. ��24.709, 24.711, 24.716, and 24.720. Petition at 3-4 (MBO states that its bank debited its accounts for the checks on August 8, 2000). Letter to Thomas Sugrue, Chief of the Wireless Bureau from David Irwin, Counsel for MBO dated December 5, 2001. Petition at 3. Petition at 4. See 47 C.F.R. �1.2110(g)(4); Amendment of Part 1 of the Commission's Rules -
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  • to Triton has been assigned the file number below. File No. Licensee Lead Call Sign 0001978782 Urban Comm-North Carolina, Inc. KNLF372 DESIGNATED ENTITY AND ENTREPRENUERIAL ELIGIBILITY ISSUES The Commission's Rules state that ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied.'' The Applicants state that each of Urban Comm's licenses was granted more than five years ago, and the relevant
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  • contact the Telecommunications Division of the International Bureau to discuss processing of their petitions. Inquiries regarding compliance with Section 310 of the Communications Act and the filing and processing of petitions for declaratory ruling should be directed to Claudia Fox, Chief of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1527. EXHIBIT C: CLOSED BIDDING ELIGIBILITY Section 24.709 of the Commission's rules requires that each applicant that won licenses in closed bidding demonstrate that it is eligible to obtain those licenses. General Rule: In order to be eligible to be granted one or more closed licenses, an applicant must attach and label as "Exhibit C: Closed Bidding Eligibility" a statement demonstrating that the applicant, its controlling interests, its
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  • Mobile Radio Service Information; Announcing the Winning Bidders in the FCC Auction of 99 Licenses to Provide Broadband PCS in Major Trading Areas; Down Payments Due March 20, 1995, Public Notice, PNWL 95-028 (rel. Mar. 13, 1995). Additional information concerning PCS licenses may be found in Part 24 of the Commission's rules. 47 C.F.R. Part 24. See 47 C.F.R. � 24.709(a)(3). See 47 C.F.R. � 24.709(a)(4)(ii). See id. In particular, CW-BTA054-C1, CW-BTA127-C1, CW-BTA135-C4, CW-BTA289-C3, CW-BTA349-C3, CW-BTA349-C4, CW-BTA492-C3 and CW-BTA492-C4 were available only to entrepreneurs but not won in Auction No. 58. Accordingly, these licenses will be offered in open bidding in Auction No. 71. Additionally, CW-BTA330-C3 was offered in open bidding in Auction No. 58 because the corresponding license had previously
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  • personnel as to the need, if any, for Newcomm to apply for and receive F See Consent Decree, Attachment A, infra. See 47 U.S.C. � 310(d). See 47 U.S.C. �� 154(i). See 47 C.F.R. �� 0.111, 0.311. See Attachment A. See 47 U.S.C. � 310(d). 47 C.F.R. �� 1.2110, 1.2111. See 47 U.S.C. �� 151 et seq. See 47 C.F.R. ��24.709, 24.711. Section 1.2111(c) of the Commission's rules requires participants in the Commission's installment plan to pay the balance of any outstanding loans as a condition for approval of the transfer or assignment of the licenses associated with the loans. See 47 C.F.R. ��1.2110, 1.2111. Newcomm's PCS licenses, KNLF736 and KNLF746, are Auction 5 C-block licenses that were granted to ClearComm
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  • C: Closed Bidding Eligibility'' in the Description field on the Attachments page. For example, applicants can use Exhibit C to provide information for entity(ies) with which the applicant has an attributable material relationship as required by our rules. In addition, applicants can use Exhibit C to explain updates to the pre-filled information from the FCC Form 175. Pursuant to Section 24.709 of the Commission's rules each applicant that won licenses in closed bidding must demonstrate that it is eligible to obtain those licenses. In order to be eligible to be granted one or more closed bidding licenses, an applicant must demonstrate that the applicant, its controlling interests, its affiliates, the affiliates of its controlling interests, and the entities with which it
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  • a small business, qualified. 47 C.F.R. �� 1.2110(e) (1996) and 24.716 (1996). Bidding on F Block licenses was limited to ``entrepreneurs,'' i.e., entities whose gross revenues for each of the preceding two years were under $125 million and whose assets were under $500 million at the time they filed FCC Form 175 to participate in the auction. 47 C.F.R. � 24.709(a) (1996). The specific terms of a winning bidder's installment payment plan depended on the amount of its gross revenues for the preceding two years. 47 C.F.R. � 24.716(b) (1996). 47 C.F.R. �� 1.2110(e)(4) (1997). See ULS File No. 0000010960. 47 C.F.R. �� 1.2110(g)(4)(i) & (ii). The rules provide licensees with two quarters (i.e., two 3-month periods) in which to submit
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  • to the application. Submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. Eligibility for Closed Bidding In order to be eligible to bid for one or more closed C block licenses, an applicant must demonstrate that it meets the eligibility requirements of section 24.709(a) of the Commission's rules. Specifically, as of the FCC Form 175 filing deadline, the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, must have combined total assets of less than $500 million and must have had combined gross revenues of less than $125 million in each of the last two
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  • Newshole 64.075 13.759 7.837 94.514 Pages per Section 12.063 6.875 1 66 Amounf of News 949.576 535.608 88.7506160.750 Wednesday Newshole 55.774 15.680 21.197 97.645 Pages per Section 14.740 7.590 1 51 Amounf of News 1015.467 469.870 120.7503270.250 Thursday Newshole 54.495 14.224 18.142 94.729 Pages per Section 16.349 8.900 2 78 Amounf of News 1063.889 526.588 88.8754900.250 Friday Newshole 55.571 12.966 24.709 94.703 Pages per Section 16.275 7.489 1 46 Amounf of News 967.447 602.808 109.5006004.500 Saturday Newshole 59.281 16.844 22.404 94.065 Pages per Section 14.304 8.123 2 48 Amounf of News 1194.366 525.199 553996.500 Sunday Newshole 50.103 13.200 16.993 94.767 Pages per Section 20.004 8.255 1 48 IV-23 Table IV.4 News by Media Cross-Ownership Cross-Ownership Measure of News Obs Mean Std.
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  • a small business, qualified. 47 C.F.R. �� 1.2110(e) (1996) and 24.716 (1996). Bidding on F Block licenses was limited to ``entrepreneurs,'' i.e., entities whose gross revenues for each of the preceding two years were under $125 million and whose assets were under $500 million at the time they filed FCC Form 175 to participate in the auction. 47 C.F.R. � 24.709(a) (1996). The specific terms of a winning bidder's installment payment plan depended on the amount of its gross revenues for the preceding two years. 47 C.F.R. � 24.716(b) (1996). 47 C.F.R. �� 1.2110(e)(4) (1997). See Part 1 Third Report and Order, 13 FCC Rcd at 436 � 106. See ULS File No. 0000010960. 47 C.F.R. �� 1.2110(g)(4)(iv). Petition at 3.
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  • instances where a controlling interest or an affiliate of a controlling interest is not a disclosable interest holder, information regarding those entities should be disclosed in the ``Affiliates of Applicant'' screens. In order to be eligible to bid for one or more closed C block broadband PCS licenses, and applicant must demonstrate that it meets the eligibility requirements of Section 24.709(a) of the Commission's rules. Applicants applying to bid on closed licenses must show separately and in the aggregate, the gross revenues for each of the preceding two years and the total assets of each of the following: (1) the applicant; (2) the applicant's affiliates; (3) the applicant's controlling interests; and (4) the affiliates of the applicant's controlling interests. Certification that,
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  • personal communications services (PCS). Subpart H sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial broadband PCS licenses. Need: These rules establish eligibility rules for broadband PCS licensees disaggregating or returning certain spectrum in the C block. Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332. Section Number and Title: 24.709(a)(5)(i) and (iv) Eligibility for licenses for frequency Blocks C or F. PART 25-SATELLITE COMMUNICATIONS SUBPART B-APPLICATIONS AND LICENSES Brief Description: Establishes that launch authorization and station license (i.e., operating authority) must be applied for and granted before a space station may be launched and operated in orbit. Establishes procedure for consideration of applications to launch and operate on-ground spare satellites.
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  • H: Closed Bidding Eligibility'' in the Description field on the Attachments page. For example, applicants can use Exhibit H to provide information for entity(ies) with which the applicant has an attributable material relationship as required by our rules. In addition, applicants can use Exhibit H to explain updates to the pre-filled information from the FCC Form 175. Pursuant to Section 24.709 of the Commission's rules, each applicant that won licenses in closed bidding must demonstrate that it is eligible to hold those licenses. In order to be eligible to be granted one or more closed bidding licenses, an applicant must demonstrate that the applicant, its controlling interests, its affiliates, the affiliates of its controlling interests, and the entities with which it
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  • 50 states and the District of Columbia. For its spectrum auctions, the Commission added additional BTA-like areas for: American Samoa; Guam; Northern Mariana Islands; San Juan, Puerto Rico; Mayag�ez/Aguadilla-Ponce, Puerto Rico; and the U.S. Virgin Islands. See Rand McNally, 1992 Commercial Atlas and Marketing Guide, 123rd Edition, at 38-39 (1992). See also 47 C.F.R. � 24.202. See 47 C.F.R. � 24.709. See 47 C.F.R. � 24.709(a)(1). See 47 C.F.R. � 24.709(a)(3). Although F block licenses were originally offered only to entrepreneurs, the Commission later adopted open bidding for all F block licenses. Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, FCC 00-313,
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  • and Reinstatement of Licenses, Memorandum Opinion and Order, 25 FCC Rcd 469 (2010) (``Installment Payment Order''). The six 10-megahertz C block licenses that were available in the Auction 78 inventory are designated as the C3, C4, and C5 frequency blocks in the San Luis Obispo, CA BTA (BTA405) and the Santa Barbara-Santa Maria, CA BTA (BTA406). See 47 C.F.R. � 24.709. The Commission provided a detailed background of the eligibility restrictions on broadband PCS C and F block licenses in an order regarding C block licenses prior to Auction 58. See Eligibility Restrictions on C Block Licenses in the Broadband Personal Communication Services, RM-11019, Memorandum Opinion and Order, 19 FCC Rcd 20,321 (2004) (``C Block Order''). In both the San Luis
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  • of Installment Payment Rules and Reinstatement of Licenses,Memorandum Opinion and Order,25FCC Rcd 469(2010) ("Installment Payment Order"). The six 10-megahertz C block licenses that were available in the Auction 78 inventory are designated as the C3, C4, and C5 frequency blocks in the San Luis Obispo, CA BTA (BTA405) and the Santa Barbara-Santa Maria, CA BTA (BTA406). 8See 47 C.F.R. � 24.709. The Commission provided a detailed background of the eligibility restrictions on broadband PCS C and F block licenses in an order regarding C block licenses prior to Auction 58. SeeEligibility Restrictions on C Block Licenses in the Broadband Personal Communication Services, RM-11019, Memorandum Opinion and Order, 19 FCC Rcd 20,321 (2004) ("C Block Order"). 2210 Federal Communications Commission DA 10-376
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  • 1934, as amended, authorizing the Commission to employ competitive bidding procedures to resolve mutually exclusive applications for initial licenses. Need: These rules are needed to set forth licensing requirements and to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). Legal Basis: 47 U.S.C. 151, 154, 155, 157, 225, 301, 302, 303, 309 and 332. Section Number and Title: 24.709 Eligibility for licenses for frequency Blocks C and F. SUBPART I-INTERIM APPLICATION, LICENSING, AND PROCESSING RULES FOR BROADBAND PCS Brief Description: Part 24 contains the rules relating to the Personal Communications Services (PCS), specifically, the rules establishing the requirements and conditions under which radio stations may be licensed and used in those services. Subpart I sets forth the rules governing
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  • Current License Grouping for Bidding in the Auction: The FCC tentatively concludes to retain BTA service areas and a license-by-license simultaneous multiple-round bidding design for Auction No. 35. Clarify the Grandfather Exception: The FCC invites comment in this proceeding on a number of issues raised by parties seeking reconsideration of the grandfather exception to the eligibility rules, contained in Section 24.709(b)(9)(i). On the issue of how the exception applies in a merger situation, the FCC tentatively concludes that when each of the merging entities is eligible for the ``grandfather'' exception, the exception extends to the resulting entity, but that when one (or more) of the merging entities is not eligible for the ``grandfather'' exception, the exception does not extend to the
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  • Tier 1; one of the three reconfigured 10 MHz C block licenses in Tier 2; all 15 MHz C block licenses in Tier 1; all F block licenses; all C block licenses available but unsold in Auction No. 22. ( License grouping. Rejects Nextel's proposal to license by bulk bidding. ( ``Grandfather'' exception. Clarifies an applicant's eligibility for the Section 24.709(b)(9)(i) C block ``grandfather'' exception after it has been involved in a merger, acquisition, or other business combination, as follows: (1) When each of the combining entities is individually eligible for the ``grandfather'' exception, the exception will extend to the resulting entity; (2) When one or more of the combining entities is not individually eligible for the grandfather exception, the resulting
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  • Inc., File Nos. 00200CWL96, Memorandum Opinion and Order, 12 FCC Rcd 6441, 6445-46, para. 10 (1997)). 143Id. (citing 47 C.F.R. � 73.3555, Note 2(b) & (f)). 144Id. (citing 47 C.F.R. � 76.501, Note 2(e)). 145AT&T May 5, 2000 Opposition at 20. See also infra Section V.B.1 (discussing "equity plus debt" attribution rules for broadcasting and cable)." 146 24 C.F.R. � 24.709(b)(7). See also Washington's Christian Television Outreach, Inc., File Nos. BPCT-5042, Memorandum Opinion and Order, 94 F.C.C.2d 1360 (1983) (establishing a rebuttable presumption in the context of comparative broadcast hearings, where Commission staff sought to establish a fixed factual base for comparative purposes that viewed the applicant's structure in its most unfavorable light, the Commission would take cognizance of options that
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  • $125 million and total assets of less than $500 million at the time it filed its applications. CWD's determination of Leap's eligibility was based upon a finding that Leap met the Publicly Traded Corporation Exception (``PTC Exception''), pursuant to which the gross revenues and assets of QUALCOMM Incorporated (``QUALCOMM'') are not attributable to Leap in calculating its eligibility under section 24.709(a)(1). In finding Leap qualified under the PTC Exception, CWD analyzed the relationship between Leap and QUALCOMM, including several agreements entered into by Leap and QUALCOMM pursuant to the Spin-Off Transaction. CWD concluded that no party, including QUALCOMM, holds more than 15 percent of Leap's equity, finding that ``based on the structure created by the Warrant and the Agreement Concerning Share
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  • � 28. Second Notice, 13 FCC Rcd at 477, � 185 and Appendix E at 534-536 (proposed revision to 47 C.F.R. � 1.2110). Second Notice, 13 FCC Rcd at 477, � 183. Id. at 477, � 185. Id. at 477-478, � 185. Id. at 478, � 186. See 47 C.F.R. � 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. � 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz service); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, � 9, (1994) ("Ellis Thompson"), in which the Commission identified the following
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  • provision of spectrum-based services, the Commission originally limited eligibility for C and F block PCS licenses to "entrepreneurs" and adopted special provisions for those blocks to assist small and women- and minority-owned businesses. The Commission considers entrepreneurs, with regard to the C and F blocks, to be those entities that can meet the auction and licensing eligibility requirements of Section 24.709 of the Commission's rules. The principal requirement is set forth in Section 24.709(a)(1), as follows: No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues of less
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  • 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile wireless licensees use radio as a tool to enhance the safety and/or efficiency of their non-communications businesses. This difference
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  • Authorizations, Public Notice, DA 99-1634 (rel. Aug. 16, 1999) (``Acceptance Notice''). Applications of VoiceStream Wireless Corporation, VoiceStream Wireless Holding Company, and Omnipoint Corporation for Transfer of Control, File No. 0000016501 (lead application), filed July 15, 1999, Attachment 1 (Description of the Transaction and Public Interest Considerations) to Form 603 at 1, 6 (``VoiceStream/Omnipoint Public Interest Statement''). See 47 C.F.R. �� 24.709, 27.209. VoiceStream/Omnipoint Public Interest Statement at 1. Id. at 6. Id. at 1. Id. at 4. Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. � 1601 et seq.). Applications
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  • Authorizations, Public Notice, DA 99-1634 (rel. Aug. 16, 1999) (``Acceptance Notice''). Applications of VoiceStream Wireless Corporation, VoiceStream Wireless Holding Company, and Omnipoint Corporation for Transfer of Control, File No. 0000016501 (lead application), filed July 15, 1999, Attachment 1 (Description of the Transaction and Public Interest Considerations) to Form 603 at 1, 6 (``VoiceStream/Omnipoint Public Interest Statement''). See 47 C.F.R. �� 24.709, 27.209. VoiceStream/Omnipoint Public Interest Statement at 1. Id. at 6. Id. at 1. Id. at 4. Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. � 1601 et seq.). Applications
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  • small businesses and other "designated entities" in the provision of spectrum-based services, the Commission limited eligibility for C and F block broadband PCS licenses in Auctions No. 5, 10, and 11 to "entrepreneurs." The Commission considers entrepreneurs, with regard to the C and F blocks, to be those entities that can meet the auction and licensing eligibility requirements of Section 24.709 of the Commission's rules. The principal requirement is as follows: No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues of less than $125 million in each
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  • placed on Guard Band Managers, we anticipate collecting this information electronically, through our Universal Licensing System. The specific information that Guard Band Managers will provide and the procedures that Guard Band Managers will follow in making this annual report will be announced in a subsequent Public Notice to be issued by the Wireless Telecommunications Bureau. 176See, e.g., 47 C.F.R. � 24.709(d). Federal Communications Commission FCC 00-90 36 6. Disaggregation and Partitioning of Licenses 81. Background. In the NPRM, we proposed to permit licensees in the 746-764 MHz and 776- 794 MHz bands to partition their service areas and to disaggregate their spectrum. With respect to the the 747-762 MHz and 777-792 MHz bands, in the 700 MHz First Report and Order
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  • placed on Guard Band Managers, we anticipate collecting this information electronically, through our Universal Licensing System. The specific information that Guard Band Managers will provide and the procedures that Guard Band Managers will follow in making this annual report will be announced in a subsequent Public Notice to be issued by the Wireless Telecommunications Bureau. See, e.g., 47 C.F.R. � 24.709(d). 700 MHz First Report and Order at para. 75. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry
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  • 12 FCC Rcd at 2044-45, para. 35. Fox I, 10 FCC Rcd at 8471, 8473, paras. 43 & 47; see also NextWave, 12 FCC Rcd at 2044-45, para. 35. Fox I, 10 FCC Rcd at 8454, para. 2. Id. at 8474, para. 50. Id. at 8471-74, paras. 43-74. See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. �� 24.709, 24.712, 24.720. NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. Fox I, 10 FCC Rcd at 8474, para. 49. Applicants Feb. 9 Response to Supplemental Information Request at 17-18. Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the number of common
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  • eligible for, and participated in, either of the first two C block auctions (Auction No. 5 or Auction No. 10), will be eligible to bid in C block spectrum auctions that begin within two years of the start of Auction No. 22, March 23, 1999. An entity that qualifies under this exception is called a ``grandfathered'' entity. 47 C.F.R. � 24.709(b)(9)(i); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15, 743, at 15,751-52 �� 13, 15 (1998) (``C Block Fourth Report and Order''). See 47 U.S.C. � 309(j)(4)(D), 47 U.S.C. � 309(j)(4)(D). See Competitive Bidding Fifth Report and Order, 9 FCC
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  • 1 of the Commission's Rules - Competitive Bidding Procedures, 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, 388-89, � 19 (1997) (``Part 1 Third Report and Order''). See 47 C.F.R. � 24.709(a). The Commission uses only a gross revenues test to determine small business bidding credit eligibility in C and F block auctions. See id. �� 24.712, 24.717, 24.720(b). Further Notice, 15 FCC Rcd 15,293, 15,331-32, � 81. See NTCA Comments at 1-3, RTG Comments at 4-5, and SBA Comments at 2. See Joint Commenters Comments at 3. See 47 C.F.R. �
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  • section. (3) Use restrictions. To the extent that the licensee is restricted from using the licensed spectrum to offer particular services under its license authorization, the use restrictions apply to the spectrum lessee as well. (4) Designated entity/entrepreneur rules. A licensee that holds a license pursuant to small business and/or entrepreneur provisions (see � 1.2110 of this part and � 24.709 of this chapter) and continues to be subject to unjust enrichment requirements (see � 1.2111 of this part and � 24.714 of this chapter) and/or transfer restrictions (see � 24.839 of this chapter) may enter into a spectrum manager leasing arrangement with a spectrum lessee so long as doing so does not result in the spectrum lessee becoming a ``controlling
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  • section. (3) Use restrictions. To the extent that the licensee is restricted from using the licensed spectrum to offer particular services under its license authorization, the use restrictions apply to the spectrum lessee as well. (4) Designated entity/entrepreneur rules. A licensee that holds a license pursuant to small business and/or entrepreneur provisions (see � 1.2110 of this part and � 24.709 of this chapter) and continues to be subject to unjust enrichment requirements (see � 1.2111 of this part and � 24.714 of this chapter) and/or transfer restrictions (see � 24.839 of this chapter) may enter into a spectrum manager leasing arrangement with a spectrum lessee so long as doing so does not result in the spectrum lessee becoming a ``controlling
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  • Report and Order, 9 FCC Rcd. at 2392, �� 245-48; see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd. 5532, 5539, 5584-88, �� 14, 118-27 (1994) (``Fifth Report and Order'') (adopting competitive bidding rules for the award of Broadband PCS licenses). See 47 C.F.R. � 24.709(a). See Second Report and Order, 9 FCC Rcd. at 2391-92, �� 241-42; see also Fifth Report and Order, 9 FCC Rcd. at 5539, 5589-91, �� 15, 130-33. See 47 C.F.R. �� 24.712(a), 24.717(a) (small businesses), 24.712(b), 24.717(b) (very small businesses); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No.
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  • small business, or entrepreneur, as those terms are defined in the service-specific rules, must disclose on its short- and long-form applications, separately and in the aggregate, the gross revenues of the applicant (or licensee), its affiliates, its controlling interests, and the affiliates of the applicant's controlling interests for each of the previous three years. (ii) If applicable, pursuant to � 24.709, the total assets of the applicant (or licensee), its affiliates, its controlling interests and affiliates of the applicant's controlling interests shall be attributed to the applicant and considered on a cumulative basis and aggregated for purposes of determining whether the applicant (or licensee) is eligible for status as an entrepreneur. An applicant seeking status as an entrepreneur must disclose on
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  • 10% or more (see � 1.2112), either as a licensee or a spectrum lessee, and that could be used by the assignee or transferee to provide interconnected mobile voice and/or data services; The licensee is not a designated entity or entrepreneur subject to unjust enrichment requirements and/or transfer restrictions under applicable Commission rules (see �� 1.2110 and 1.2111, and �� 24.709, 24.714, and 24.839 of this chapter); and, The assignment or transfer of control does not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules, and there is no pending issue as to whether the license is subject to revocation, cancellation, or termination by the Commission. Provided that the application establishes that it meets all of the
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  • PCS auction (Auction No. 58). By this Order, we address a petition filed by Verizon Wireless (``Verizon Wireless'') seeking reconsideration of the public notice of the Wireless Telecommunications Bureau, which sought comment on the procedures for Auction No. 58; a request for waiver filed by Dobson Communications Corporation (``Dobson'') seeking an extension of the expired entrepreneur eligibility provisions of Section 24.709(a)(5)(i) to allow it and other entities to participate in closed bidding in Auction No. 58; and a petition for rulemaking, or in the alterative, a request for waiver filed by CTIA - The Wireless Association (``CTIA'') seeking the elimination of the entrepreneur eligibility requirements completely or in the context of Auction No. 58. For the reasons set forth below, we
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  • to participate in spectrum auctions, which, in turn, will promote the deployment of advanced telecommunications services in rural areas as Congress mandated in Section 309(j). Therefore, we amend Section 1.2110(b)(3)(iii)(a)(3) to require that an applicant (or its controlling interest) that seeks to exempt the gross revenues (or, if applicable for purposes of determining entrepreneur eligibility pursuant to Sections 1.2110(b)(1)(ii) and 24.709, the total assets) of its officers or directors from attribution under 1.2110(c) of our rules must demonstrate either that it is eligible for tax-exempt status under the Internal Revenue Code or that it operates pursuant to the cooperative principles set forth in Puget Sound. Consistent with our approach in the Part 1 Reconsideration Order and our decision here, we grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-295A1_Erratum.doc
  • to participate in spectrum auctions, which, in turn, will promote the deployment of advanced telecommunications services in rural areas as Congress mandated in Section 309(j). Therefore, we amend Section 1.2110(b)(3)(iii)(a)(3) to require that an applicant (or its controlling interest) that seeks to exempt the gross revenues (or, if applicable for purposes of determining entrepreneur eligibility pursuant to Sections 1.2110(b)(1)(ii) and 24.709, the total assets) of its officers or directors from attribution under 1.2110(c) of our rules must demonstrate either that it is eligible for tax-exempt status under the Internal Revenue Code or that it operates pursuant to the cooperative principles set forth in Puget Sound. Consistent with our approach in the Part 1 Reconsideration Order and our decision here, we grant
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  • in future auctions winning bidders are required to make their final payments prior to initial resolution of petitions to deny, a ready-to-grant public notice would not be necessary. In the context of this Notice, ``entrepreneur'' refers to an entity eligible to hold certain broadband PCS C and F block licenses won in closed bidding. See 47 C.F.R. �� 1.2110 and 24.709. Generally speaking, an applicant or licensee qualifies as an entrepreneur if it, together with its affiliates, persons or entities that hold interests in the applicant or licensee, and their affiliates, has combined total assets of less than $500 million and has had combined gross revenues of less than $125 million in each of the last two years. Id. � 24.709(a)(1).
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  • average annual gross revenues for the preceding three years not exceeding $15 million). In contrast, to be eligible to bid on broadband PCS C and F block licenses available in closed bidding, applicants must have gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million. 47 C.F.R. � 24.709. Council Tree Petition at 11. No. 93-253, 11 FCC Rcd 4930, 4975 �94 (1995); Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (WCS), Report and Order, GN Docket No. 96-228, 12 FCC Rcd 10785, 10882 �200 (1997). CTIA Opposition at 5. Council Tree Petition at 11-13. Council Tree proposed a similar bidding credit increase in
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  • rules . . . increas[ing] the efficiency of the competitive bidding process, and provid[ing] more specific guidance to auction participants.'') 11 U.S.C. � 525. 47 C.F.R. � 1.2104(g)(2). In the context of this R&O, ``entrepreneur'' refers to an entity eligible to hold certain broadband PCS C and F block licenses won in closed bidding. See 47 C.F.R. �� 1.2110 and 24.709. Generally speaking, an applicant or licensee qualifies as an entrepreneur if it, together with its affiliates, persons or entities that hold interests in the applicant or licensee, and their affiliates, has combined total assets of less than $500 million and has had combined gross revenues of less than $125 million in each of the last two years. Id. � 24.709(a)(1).
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  • in the service-specific rules, must disclose on its short- and long-form applications, separately and in the aggregate, the gross revenues for each of the previous three years of the applicant (or licensee), its affiliates, its controlling interests, the affiliates of its controlling interests, and the entities with which it has an attributable material relationship. (ii) If applicable, pursuant to � 24.709, the total assets of the applicant (or licensee), its affiliates, its controlling interests, the affiliates of its controlling interests, and the entities with which it has an attributable material relationship shall be attributed to the applicant (or licensee) and considered on a cumulative basis and aggregated for purposes of determining whether the applicant (or licensee) is eligible for status as
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  • (2006) (``Second Report and Order''). ``Designated entities'' are small businesses, businesses owned by members of minority groups and/or women, and rural telephone companies. See 47 C.F.R. � 1.2110(a). Unless otherwise noted, when referring to ``designated entities,'' we include as a subgroup ``entrepreneurs'' eligible to bid for ``set-aside'' broadband Personal Communications Service licenses offered in closed bidding. See id. �� 1.2110(a), 24.709. 71 Fed. Reg. 26,245 (May 4, 2006). See 47 C.F.R. �� 1.4, 1.429. Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Order on Reconsideration of the Second Report and Order, 21 FCC Rcd 6703 (2006) (``Order on Reconsideration''). Subsequent to adoption of the Order on Reconsideration, we received two additional timely
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  • C block spectrum licenses based on gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million. In re Section 309(j) of the Communications Act - Competitive Bidding, Fifth Report and Order, PP Docket No. 93-253, 9 FCC Rcd 5532, *36 � 115 (1994); see also 47 C.F.R. � 24.709(a)(1). Although this definition was used more than a decade ago in the context of spectrum auctions, we seek comment on whether it would be appropriate to use the gross revenues standard of the definition in this universal service context as it would encompass more small businesses. . . Cf. � 1.2105(b)(2). See 47 C.F.R. � 1.21001(d)(5). See 47 C.F.R. �
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  • � 1.2104(g) (general competitive bidding rules), and 47 C.F.R. � 24.704 (bid withdrawal rule applicable to broadband PCS auctions). 350 47 C.F.R. � 1.2105(c). 351 See generally 47 C.F.R. � 1.2110. Special provisions also have been adopted to aid "designated entities" in connection with spectrum auctions for particular services. See, e.g., 47 C.F.R. � 24.309 (narrowband PCS); 47 C.F.R. � 24.709 (broadband PCS); 47 C.F.R. � 90.810 et seq. (900 MHz SMR). 352 See Amendment of Part 1 of the Commission's Rules, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, WT Docket No. 97-82, FCC 97-60 (rel. Feb. 28, 1997). Federal Communications Commission FCC 99-204 80 8. FTS2000 181. The contract for providing telecommunications services to the United
• http://transition.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • agreed to pay for its shares did not entitle it to shareholder rights materially different from the rights of all common shareholders.80 In particular, DT's 73 Fox I, 10 FCC Rcd at 8454, para. 2. 74 Id. at 8474, para. 50. 75 Id. at 8471-74, paras. 43-74. 76 See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. �� 24.709, 24.712, 24.720. 77 NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. 78 Fox I, 10 FCC Rcd at 8474, para. 49. 79 Applicants Feb. 9 Response to Supplemental Information Request at 17-18. 80 Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on
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  • Current License Grouping for Bidding in the Auction: The FCC tentatively concludes to retain BTA service areas and a license-by-license simultaneous multiple-round bidding design for Auction No. 35. Clarify the Grandfather Exception: The FCC invites comment in this proceeding on a number of issues raised by parties seeking reconsideration of the grandfather exception to the eligibility rules, contained in Section 24.709(b)(9)(i). On the issue of how the exception applies in a merger situation, the FCC tentatively concludes that when each of the merging entities is eligible for the ``grandfather'' exception, the exception extends to the resulting entity, but that when one (or more) of the merging entities is not eligible for the ``grandfather'' exception, the exception does not extend to the
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  • Tier 1; one of the three reconfigured 10 MHz C block licenses in Tier 2; all 15 MHz C block licenses in Tier 1; all F block licenses; all C block licenses available but unsold in Auction No. 22. ( License grouping. Rejects Nextel's proposal to license by bulk bidding. ( ``Grandfather'' exception. Clarifies an applicant's eligibility for the Section 24.709(b)(9)(i) C block ``grandfather'' exception after it has been involved in a merger, acquisition, or other business combination, as follows: (1) When each of the combining entities is individually eligible for the ``grandfather'' exception, the exception will extend to the resulting entity; (2) When one or more of the combining entities is not individually eligible for the grandfather exception, the resulting
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  • recently, in 64 the Part 1 Third Report and Order, we required all applicants for licenses or for consent to assignment or Federal Communications Commission FCC 98-25 Part 1 Third Report and Order at � 80. See 47 C.F.R. � 1.2112(a). 65 See 47 C.F.R. � 20.6. 66 See, e.g., 47 C.F.R. � 22.942. 67 See, e.g., 47 C.F.R. � 24.709. 68 See 47 U.S.C. � 310(b)(3), (4); 47 C.F.R. � 20.5. 69 Id. 70 See proposed rule 47 C.F.R. �� 1.913(2), 1.919. For common carriers, this Form will supersede the Form 430 71 Licensee Qualification Form. 18 transfer of licenses in auctionable services to provide specific ownership information with either their short- form or long-form application.65 43. Discussion. These various
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  • 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile wireless licensees use radio as a tool to enhance the safety and/or efficiency of their non-communications businesses. This difference
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  • competitive concerns that have caused Webcel to seek a further examination of the soundness of the convertible interest rule promulgated in Section 101.1003(e)(5) of the Commission's Rules.129 We conclude, however, that our treatment of convertible interests in our ownership attribution rules would benefit from a Federal Communications Commission FCC 98-15 130 Webcel Petition at 22 n.48, citing 47 C.F.R. � 24.709(b)(7). 131 Second Report and Order, 12 FCC Rcd at 12676 (para. 311); 47 C.F.R. Part 1, Subpart Q. 132 47 C.F.R. � 1.2110(a)(4). 133 Alliance Petition; RTG Petition at 2-11. 134 Second Report and Order, 12 FCC Rcd at 12625-26 (paras. 179-181). PAGE 38 more comprehensive examination. The examination should include an evaluation of the criteria for implementing such rules
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  • 12 FCC Rcd at 16,462 para. 54. 167 Comment is sought on this issue in the Further Notice, 12 FCC Rcd at 16,474 para. 84. 168 NextWave Petition at 20; accord Duluth PCS, et al. Opposition at 4-5; Polycell Opposition at 4-5; cf. AmeriCall Opposition at 7-8 (arguing that the 10 percent control group institutional investor rule, 47 C.F.R. � 24.709(b)(5)(i)(C), and the 25 percent nonattributable ownership limit, 47 C.F.R. � 24.709(b)(3)(i), should be eliminated because they unnecessarily restrict access to capital from noncontrolling investors). Comment is sought on this issue in Part 1 Third Report and Order; see also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order
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  • Authorizations, Public Notice, DA 99-1634 (rel. Aug. 16, 1999) (``Acceptance Notice''). Applications of VoiceStream Wireless Corporation, VoiceStream Wireless Holding Company, and Omnipoint Corporation for Transfer of Control, File No. 0000016501 (lead application), filed July 15, 1999, Attachment 1 (Description of the Transaction and Public Interest Considerations) to Form 603 at 1, 6 (``VoiceStream/Omnipoint Public Interest Statement''). See 47 C.F.R. �� 24.709, 27.209. VoiceStream/Omnipoint Public Interest Statement at 1. Id. at 6. Id. at 1. Id. at 4. Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. � 1601 et seq.). Applications
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  • placed on Guard Band Managers, we anticipate collecting this information electronically, through our Universal Licensing System. The specific information that Guard Band Managers will provide and the procedures that Guard Band Managers will follow in making this annual report will be announced in a subsequent Public Notice to be issued by the Wireless Telecommunications Bureau. See, e.g., 47 C.F.R. � 24.709(d). 700 MHz First Report and Order at para. 75. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry
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  • Tier 1; one of the three reconfigured 10 MHz C block licenses in Tier 2; all 15 MHz C block licenses in Tier 1; all F block licenses; all C block licenses available but unsold in Auction No. 22. License grouping. We reject Nextel's proposal to license by bulk bidding. ``Grandfather'' exception. We clarify an applicant's eligibility for the Section 24.709(b)(9)(i) C block ``grandfather'' exception after it has been involved in a merger, acquisition, or other business combination, as follows: When each of the combining entities is individually eligible for the ``grandfather'' exception, the exception will extend to the resulting entity. When one or more of the combining entities is not individually eligible for the grandfather exception, the resulting entity will
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  • For further information, contact Dan Connors of the Commercial Wireless Division at (202) 418-2109. By the Chief, Wireless Telecommunications Bureau -FCC- AT&T Wireless Services, Inc., Petition For Waiver And Expedited Action, filed February 15, 2000; BellSouth Corporation, Petition For Waiver And Expedited Action, filed February 17, 2000. BellSouth's petition also requests a waiver of the Commission's eligibility requirements under Section 24.709 of the Commission's rules to permit BellSouth to participate in the July 26, 2000 C and F block auction. This request will be considered in connection with the Public Notices released by the Wireless Telecommunications Bureau seeking comment on a request to waive the eligibility requirements for participation in the upcoming C and F block auction. See ``Wireless Telecommunications Bureau
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  • personnel as to the need, if any, for Newcomm to apply for and receive F See Consent Decree, Attachment A, infra. See 47 U.S.C. S 310(d). See 47 U.S.C. SS 154(i). See 47 C.F.R. SS 0.111, 0.311. See Attachment A. See 47 U.S.C. S 310(d). 47 C.F.R. SS 1.2110, 1.2111. See 47 U.S.C. SS 151 et seq. See 47 C.F.R. SS24.709, 24.711. Section 1.2111(c) of the Commission's rules requires participants in the Commission's installment plan to pay the balance of any outstanding loans as a condition for approval of the transfer or assignment of the licenses associated with the loans. See 47 C.F.R. SS1.2110, 1.2111. Newcomm's PCS licenses, KNLF736 and KNLF746, are Auction 5 C-block licenses that were granted to ClearComm
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  • licenses to non-entrepreneurs. 10. Our present rules prohibit the assignment or transfer of control of a license for the C and F blocks unless: (1) the application for assignment or transfer of control is filed after five years from the date of the initial license grant; or (2) the assignee or transferee meets the eligibility criteria set forth in Section 24.709 of the Commission's rules at the time the application for assignment or transfer of control is filed; or (3) the proposed assignee or transferee holds other license(s) for frequency Blocks C and F and, at the time of receipt of such license(s), the proposed assignee or transferee met the eligibility criteria set forth in Section 24.709.39 IV. DISCUSSION A. Policy
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  • do allow cellular operators such as GTE to take noncontrolling interests in designated entities and gain opportunities in the entrepreneurs' block. We have recently relaxed the cellular-PCS crossownership rules to facilitate such opportunities.37 2. Gross Revenues and Other Financial Caps a. Gross Revenues and Total Assets Fifth Report and Order, FCC 94-178 at � 121. See also 47 C.F.R. � 24.709(a)(1). 38 Fifth Report and Order, FCC 94-178 at � 123 n. 99. See also 47 C.F.R. �� 32.11 (a), (e) (Tier 39 2 definition). MasTec, Incorporated Petition for Reconsideration (MasTec Petition), filed Aug. 22, 1994, at 40 � 7. Telephone Electronics Corporation Petition for Reconsideration (TEC Petition), filed Aug. 22, 41 1994, at 18-23. Id. 42 MasTec Petition at �
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  • - Competitive Bidding Procedures for Broadband PCS Sec. 24.701 Broadband PCS subject to competitive bidding 24.702 Competitive bidding design for Broadband PCS licensing 24.703 Competitive bidding mechanisms 24.704 Withdrawal, default and disqualification penalties 24.705 Bidding application (FCC Form 175 and 175-S Short-Form) 24.706 Submission of upfront payments and down payments 24.707 Long-form applications 24.708 License grant, denial, default, and disqualification 24.709 Eligibility for licenses for frequency Blocks C and F 24.710 Limitation on licenses won at auction for frequency Blocks C and F 24.711 Installment payments for licenses for frequency Blocks C and F 24.712 Bidding credits for licenses for frequency Blocks C and F 24.713 Tax certificates 24.714 Eligibility for partitioned licenses 24.720 Definitions Subpart H - Competitive Bidding Procedures
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  • � 1.2 (2000). See Petition for Declaratory Ruling Pursuant to Section 1.2 of the Commission's Rules, filed by Christine M. Crowe, Counsel for Carolina PCS, on June 11, 2001. See ``Entrepreneurs' C Block Auction Closes,'' Public Notice, DA 96-716, Attachment A (rel. May 8, 1996). Carolina PCS qualified as an entrepreneur by meeting the financial requirements set forth in Section 24.709 of the Commission's rules. 47 C.F.R. � 24.709 (1996). See FCC File Nos. 0000002008, 0000002011, 0000002012, 0000002013, 0000002014, 0000002015, 0000002016, 0000002017, and 0000002018. See FCC File Nos. 0000083370, 0000083372, 0000083375, 0000334642, 0000370950, 0000370952, 0000370956, 0000370957, and 0000370959. Each assignee will receive the same 10 MHz frequency block for all nine disaggregated licenses: Lafayette (1905-1910 MHz and 1985-1990 MHz), VoiceStream (1895-1900
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  • ClearComm filed the pro forma assignment application, which required an applicant to demonstrate that it, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues for each of the past two years of less than $125 million and total assets of less than $500 million.11 6 47 C.F. R. � 24.709 (1999). 7 Centennial Petition at 6-9. 8 Pro Forma Application. 9 The Pro Forma Application describes the transaction as follows: "This transaction does not alter the economic ownership of the licenses but rather places the licenses in a subsidiary to comply with the terms of a loan agreement ClearComm has concluded with TLD. ClearComm anticipates that, in the future, TLD
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  • respect to the long-form applications (FCC Form 600) to be filed for broadband Personal Communications Service (PCS) C block licenses. Generally, the parties 1 argue that the requirement that gross revenues and total assets figures disclosed on the long-form applications be evidenced by audited financial statements is unduly burdensome. Pursuant to 2 47 C.F.R. � 0.204. 3 47 C.F.R. �� 24.709(f) and (g). 4 47 C.F.R. �� 24.813(a)(1) and (2). 5 See Section 24.720(f) of the Commission's rules, 47 C.F.R. � 24.720(f). 6 2 delegated authority, we grant the waivers and on our own motion extend this waiver to all 3 broadband PCS C block applicants subject to the requirements of Sections 24.720(f) and (g) of the Commission's rules. In addition,
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  • the Commission's Rules, 47 C.F.R. � 0.459 (see discussion of confidentiality requests under "FCC Form 600: General Requirements" section, above). Ancillary agreements to the partnership agreement need not be disclosed unless such disclosure is required elsewhere in our rules. Partnership agreements should be current and complete as of the application filing date. II. C Block Auction Applicant Eligibility Background Section 24.709 of the Commission's rules requires each applicant to demonstrate that it is eligible to participate as a qualified entrepreneur in the C block auction, either because it qualifies under the general rule set forth in 47 C.F.R. � 24.709(a) or because it qualifies under an exception set forth in 47 C.F.R. � 24.709(b). Entrepreneur Eligibility Exhibit E Attach and label
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See 47 C.F.R. �� 1.2110 and 24.709. 1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Recorded listing of releases and texts 202/418-2222. Released: March 23, 1998 DA 98-547 COMMISSION STAFF REQUESTS SUBMISSION OF SUPERIOR ALTERNATIVES TO PROPOSED AGREEMENT TO RESOLVE POCKET COMMUNICATIONS BANKRUPTCY In re Pocket Communications, Inc., No. 97-5-4105-ESD, and In re DCR PCS, Inc., No. 97-5-4106-ESD
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 47 C.F.R. � 24.709(b)(7). 1 47 U.S.C. � 310(b)(3), (4). 2 Counsel represents that DiGiPH Communications, Inc. is a wholly owned subsidiary of DiGiPH Holding, Inc., 3 which in turn is owned 50 percent by Gulf Coast Services, Inc. and 50 percent by Millry Management Corporation. DA 98-1888 September 17, 1998 Cheryl A. Tritt, Esq. Morrison & Foerster LLP 2000 Pennsylvania Avenue, N.W. Suite
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  • contention appears to contradict D&E's previous assertion that it qualified as a small 46 business as of July 1998 when Omnipoint applied to transfer control to the Joint Venture of its subsidiary holding the disaggregated Reading C block license. See id. at 5. Id. at 6-7. 47 Id. at 7, n.18. 48 Id. at 6. 49 See 47 C.F.R. � 24.709. 50 Id. � 24.839(a). 51 See C Block Fourth Report and Order, 13 FCC Rcd. at 15,768, para. 47. 52 7 were $44.6 million, or $4.6 million beyond the limit to qualify as a small business with regard to C and F 44 block PCS licenses. Accordingly, at the time Omnipoint filed its application for transfer of control, D&E did
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  • small businesses and other "designated entities" in the provision of spectrum-based services, the Commission limited eligibility for C and F block broadband PCS licenses in Auctions No. 5, 10, and 11 to "entrepreneurs." The Commission considers entrepreneurs, with regard to the C and F blocks, to be those entities that can meet the auction and licensing eligibility requirements of Section 24.709 of the Commission's rules. The principal requirement is as follows: No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues of less than $125 million in each
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  • to help to resolve the financing issues facing C block licensees and restore certainty to the marketplace, while at Federal Communications Commission FCC 97-342 See 47 U.S.C. � 309(j)(3)(A)-(E). Any party holding a C block license as of the January 15, 1998 election deadline 44 will be permitted to elect any of the options we adopt. See 47 C.F.R. � 24.709. 45 14 the same time helping the Commission meet its statutorily mandated public interest considerations set forth under Section 309(j) of the Communications Act.44 22. These goals will also be furthered by generally applying the same rules regarding eligibility that were used in the C block auction to the reauction of C block licenses. Thus, 45 all applicants meeting the
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  • on payments to participate in the reauction and the use of a "controlling interest" approach rather than "control group" 167 Federal Communications Commission FCC 98-46 NextWave Petition at 20; accord Duluth PCS, et al. Opposition at 4-5; Polycell Opposition at 4-5; cf. AmeriCall 168 Opposition at 7-8 (arguing that the 10 percent control group institutional investor rule, 47 C.F.R. � 24.709(b)(5)(i)(C), and the 25 percent nonattributable ownership limit, 47 C.F.R. � 24.709(b)(3)(i), should be eliminated because they unnecessarily restrict access to capital from noncontrolling investors). Comment is sought on this issue in Part 1 Third Report and Order; see also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order
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  • ("C Block Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), � 309(j)(4)(D), 47 U.S.C. 4 � 309(j)(4)(D). See 47 C.F.R. �� 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix
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  • DA 96-716 (rel. May 8, 1996). See "FCC Announces Winning Bidders in the Reauction of 18 Licenses to Provide Broadband PCS in Basic 3 Trading Areas: Auction Event No. 10," Public Notice, DA 96-1153, 11 FCC Rcd 8183 (rel. July 17, 1996). See Communications Act of 1934, as amended ("Communications Act"), 47 U.S.C. 4 � 309(j)(4)(D). See 47 C.F.R. �� 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994); Implementation of Section 309(j) of the Communications Act -- Competitive
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  • do allow cellular operators such as GTE to take noncontrolling interests in designated entities and gain opportunities in the entrepreneurs' block. We have recently relaxed the cellular-PCS crossownership rules to facilitate such opportunities.37 2. Gross Revenues and Other Financial Caps a. Gross Revenues and Total Assets Fifth Report and Order, FCC 94-178 at � 121. See also 47 C.F.R. � 24.709(a)(1). 38 Fifth Report and Order, FCC 94-178 at � 123 n. 99. See also 47 C.F.R. �� 32.11 (a), (e) (Tier 39 2 definition). MasTec, Incorporated Petition for Reconsideration (MasTec Petition), filed Aug. 22, 1994, at 40 � 7. Telephone Electronics Corporation Petition for Reconsideration (TEC Petition), filed Aug. 22, 41 1994, at 18-23. Id. 42 MasTec Petition at �
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  • review). 7Pub. L. No. 103-66, Title VI, � 6002(b), 107 Stat. 312 (1993) (Budget Act). 847 U.S.C. � 309(j)(4)(D); see also id. � 309(j)(3)(B). 9Fifth Report and Order, PP Docket No. 93-253, 9 FCC Rcd 5532 (1994) (Fifth R&O), recon. Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (Fifth MO&O), erratum, 60 Fed. Reg. 5333 (1995). 1047 CFR � 24.709(a). 11See Fifth R&O, 9 FCC Rcd 5532, 5537; see also, Second Report and Order, 9 FCC Rcd 2348, 2398-99 (1994). In Metro Broadcasting, the Supreme Court held that the Commission's minority preference program for mutually exclusive applications for licenses for new radio or television broadcast stations and its distress sale program (although not remedial in the sense of being designed
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  • See Second R&O and Second Further Notice, Appendix B, proposed � 90.813(d)(3). 394 Competitive Bidding Fifth Report and Order at � 151; 47 U.S.C. � 24.714(d). 395 Second R&O and Second Further Notice at � 146. 396 Id. at �� 113-123. These rules were further refined in the Competitive Bidding Fifth Memorandum Opinion & Order. 397 See 47 C.F.R. � 24.709. AMTA Comments at 6-8; RAM Comments at 3-7; Geotek Comments at 2-4; Motorola Comments at 6-7. 398 72 post-auction from another MTA licensee, the partitioned area must be reasonably related to the rural telco's wireline service area that lies within the MTA service area. In our proposed rule in the Second R&O and Second Further Notice, we indicated that we
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  • the Commission's Rules, 47 C.F.R. � 0.459 (see discussion of confidentiality requests under "FCC Form 600: General Requirements" section, above). Ancillary agreements to the partnership agreement need not be disclosed unless such disclosure is required elsewhere in our rules. Partnership agreements should be current and complete as of the application filing date. II. C Block Auction Applicant Eligibility Background Section 24.709 of the Commission's rules requires each applicant to demonstrate that it is eligible to participate as a qualified entrepreneur in the C block auction, either because it qualifies under the general rule set forth in 47 C.F.R. � 24.709(a) or because it qualifies under an exception set forth in 47 C.F.R. � 24.709(b). Entrepreneur Eligibility Exhibit E Attach and label
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  • to help to resolve the financing issues facing C block licensees and restore certainty to the marketplace, while at Federal Communications Commission FCC 97-342 See 47 U.S.C. � 309(j)(3)(A)-(E). Any party holding a C block license as of the January 15, 1998 election deadline 44 will be permitted to elect any of the options we adopt. See 47 C.F.R. � 24.709. 45 14 the same time helping the Commission meet its statutorily mandated public interest considerations set forth under Section 309(j) of the Communications Act.44 22. These goals will also be furthered by generally applying the same rules regarding eligibility that were used in the C block auction to the reauction of C block licenses. Thus, 45 all applicants meeting the
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  • ("C Block Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), � 309(j)(4)(D), 47 U.S.C. 4 � 309(j)(4)(D). See 47 C.F.R. �� 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix
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  • licenses to non-entrepreneurs. 10. Our present rules prohibit the assignment or transfer of control of a license for the C and F blocks unless: (1) the application for assignment or transfer of control is filed after five years from the date of the initial license grant; or (2) the assignee or transferee meets the eligibility criteria set forth in Section 24.709 of the Commission's rules at the time the application for assignment or transfer of control is filed; or (3) the proposed assignee or transferee holds other license(s) for frequency Blocks C and F and, at the time of receipt of such license(s), the proposed assignee or transferee met the eligibility criteria set forth in Section 24.709.39 IV. DISCUSSION A. Policy
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  • do allow cellular operators such as GTE to take noncontrolling interests in designated entities and gain opportunities in the entrepreneurs' block. We have recently relaxed the cellular-PCS crossownership rules to facilitate such opportunities.37 2. Gross Revenues and Other Financial Caps a. Gross Revenues and Total Assets Fifth Report and Order, FCC 94-178 at � 121. See also 47 C.F.R. � 24.709(a)(1). 38 Fifth Report and Order, FCC 94-178 at � 123 n. 99. See also 47 C.F.R. �� 32.11 (a), (e) (Tier 39 2 definition). MasTec, Incorporated Petition for Reconsideration (MasTec Petition), filed Aug. 22, 1994, at 40 � 7. Telephone Electronics Corporation Petition for Reconsideration (TEC Petition), filed Aug. 22, 41 1994, at 18-23. Id. 42 MasTec Petition at �
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  • applicable on the date the license is granted plus 3.5 percent; payments will include both interest and principal amortized over the term of the license. 5 All applicants should pay particular attention to the Commission's Sixth Report and Order, PP Docket No. 93-253, (released July 18, 1995), 60 FR 37786 (July 21, 1995) and the provisions of 47 C.F.R. �� 24.709 and 24.720. In accordance with 47 C.F.R. � 24.709(c) and (d), the FCC will conduct random audits to ensure that applicants meet the financial eligibility requirements. In items 9 and 10 of the FCC Form 175, applicants must indicate their eligibility to participate in this auction and their Applicant Status if applicable. To qualify for this auction applicants must meet
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • (a) forming bidding consortia and then partitioning the license among consortia participants, or (b) acquiring a partitioned license through private negotiations or agreements. See 47 C.F.R. �� 24.714 and 24.720(e). B. Eligibility to Bid on F-Block Licenses (1) Definition of entrepreneur To bid on an F-block license, an applicant must qualify as an entrepreneur. For this purpose, 47 C.F.R. � 24.709(a) defines an entrepreneur as an applicant that, including its affiliates, its owners, and its owners' affiliates, has: gross revenues of less than $125 million in each of the last two years, and total assets of less than $500 million at the time the FCC Form 175 application is filed. 29 (2) Determination of revenues and assets . The general rule
• http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
  • (a) forming bidding consortia and then partitioning the license among consortia participants, or (b) acquiring a partitioned license through private negotiations or agreements. See 47 C.F.R. �� 24.714 and 24.720(e). B. Eligibility to Bid on F-Block Licenses (1) Definition of entrepreneur To bid on an F-block license, an applicant must qualify as an entrepreneur. For this purpose, 47 C.F.R. � 24.709(a) defines an entrepreneur as an applicant that, including its affiliates, its owners, and its owners' affiliates, has: gross revenues of less than $125 million in each of the last two years, and total assets of less than $500 million at the time the FCC Form 175 application is filed. (2) Determination of revenues and assets . The general rule is
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  • licenses may elect to pay the balance of their net winning bids (actual bids less the applicable bidding credits) in quarterly installments over ten years. See 47 C.F.R. � 24.716; see also 47 C.F.R. � 1.2110(e). The installment plans differ, depending on the licensee's gross revenues in each of the two preceding years, calculated in accordance with 47 C.F.R. �� 24.709(a)(2), 24.709(b) and 24.720(f). For licensees with annual revenues of not more than $40 million� � Interest is based on the rate for ten-year U.S. Treasury obligations at the time the BTA license is issued; � Interest-only payments may be made for the first two years after the license is issued; and � Payments must amortize principal and interest over the
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  • in the Notice, our experience conducting the A, B, and C block broadband PCS auctions also led us to examine other aspects of our rules, and we have determined that we should take certain steps to streamline our procedures and minimize the possibility of insincere bidding and bidder default. To achieve these goals, to make our F 47 C.F.R. �� 24.709 & 24.715. 10 47 C.F.R. � 24.720. 11 47 C.F.R. � 24.716. 12 47 C.F.R. � 24.717. 13 47 C.F.R. � 24.720. 14 47 C.F.R. �� 24.706 & 24.716. 15 47 C.F.R. � 24.839(d). 16 4 block rules race- and gender-neutral, and in response to the Cincinnati Bell decision, we make the following changes: We amend Section 24.709 and eliminate
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  • to help to resolve the financing issues facing C block licensees and restore certainty to the marketplace, while at Federal Communications Commission FCC 97-342 See 47 U.S.C. � 309(j)(3)(A)-(E). Any party holding a C block license as of the January 15, 1998 election deadline 44 will be permitted to elect any of the options we adopt. See 47 C.F.R. � 24.709. 45 14 the same time helping the Commission meet its statutorily mandated public interest considerations set forth under Section 309(j) of the Communications Act.44 22. These goals will also be furthered by generally applying the same rules regarding eligibility that were used in the C block auction to the reauction of C block licenses. Thus, 45 all applicants meeting the
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  • licenses to non-entrepreneurs. 10. Our present rules prohibit the assignment or transfer of control of a license for the C and F blocks unless: (1) the application for assignment or transfer of control is filed after five years from the date of the initial license grant; or (2) the assignee or transferee meets the eligibility criteria set forth in Section 24.709 of the Commission's rules at the time the application for assignment or transfer of control is filed; or (3) the proposed assignee or transferee holds other license(s) for frequency Blocks C and F and, at the time of receipt of such license(s), the proposed assignee or transferee met the eligibility criteria set forth in Section 24.709.39 IV. DISCUSSION A. Policy
• http://wireless.fcc.gov/auctions/11/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/11/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/11/releases/fmoo4285.wp
  • do allow cellular operators such as GTE to take noncontrolling interests in designated entities and gain opportunities in the entrepreneurs' block. We have recently relaxed the cellular-PCS crossownership rules to facilitate such opportunities.37 2. Gross Revenues and Other Financial Caps a. Gross Revenues and Total Assets Fifth Report and Order, FCC 94-178 at � 121. See also 47 C.F.R. � 24.709(a)(1). 38 Fifth Report and Order, FCC 94-178 at � 123 n. 99. See also 47 C.F.R. �� 32.11 (a), (e) (Tier 39 2 definition). MasTec, Incorporated Petition for Reconsideration (MasTec Petition), filed Aug. 22, 1994, at 40 � 7. Telephone Electronics Corporation Petition for Reconsideration (TEC Petition), filed Aug. 22, 41 1994, at 18-23. Id. 42 MasTec Petition at �
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  • commenters propose that bidding credits be awarded to applicants accommodating and/or offering discounts to public safety users and schools. CIRI 394 believes that set-asides of spectrum blocks and installment payments may no longer be effective small business provisions and, instead, recommends that the Commission employ bidding credits along with control group equity requirements (as set forth in 47 C.F.R. � 24.709) and unjust Federal Communications Commission FCC 97-50 CIRI Comments at 10. 395 Id. at 12-14 (noting the Commission's previous recognition that such an exception is unaffected by Adarand). 396 DigiVox Comments at 10. 397 Vanguard Comments at 4; AMTA Reply Comments at 4; RTG Comments at 11. 398 RTG Comments at 11 (this proposal is addressed more fully in Section
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • 100,000 access lines or Commission will conduct another auction for the license, fewer. affording new parties an opportunity to file applications (4) Affiliate. (i) An individual or entity is an affiliate for the license. of an applicant or of a person holding an attributable (d) Bidders who are found to have violated the antitrust interest in an applicant under � 24.709 (both referred to laws or the Commission's rules in connection with their herein as "the applicant") if such individual or entity participation in the competitive bidding process may be (A) directly or indirectly controls or has the power subject, in addition to any other applicable sanctions, to to control the applicant, or forfeiture of their upfront payment, down payment or
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  • 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253 (filed April 11, 1997), at 21. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 94-285, Fifth 19 Memorandum Opinion and Order, 10 FCC Rcd 403, 421 (1994). See Narrowband PCS rules at 47 C.F.R. � 24.320(e). 20 Id. 21 See 47 C.F.R. �24.709(b)(5). 22 See Part 1 at � 47. 23 6 refrains from directly addressing it at this point. However, the Bureau notes that for 18 LMDS, the Commission did not adopt a rule that attributes personal net worth for purposes of determining eligibility. Personal net worth has been defined as "the market 19 value of all assets (real and personal, tangible
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  • Hispanics, American Indians, Alaskan Natives, Asians, and Pacific Islanders. (3) Rural telephone companies. A rural telephone company is any local exchange carrier including affiliates (as defined in 1.2110(b)(4)), with 100,000 access lines or fewer. (4) Affiliate. (i) An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant under s 24.709 (both referred to herein as "the applicant") if such individual or entity-- (A) directly or indirectly controls or has the power to control the applicant, or (B) is directly or indirectly controlled by the applicant, or (C) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or
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  • Petitions for Reconsideration of the Denial of Applications for Waiver of the Commission's Common Carrier Point-to-Point Microwave Radio Service Rules, Suite 12 Group Petition for Pioneer Preference, CC Docket No. 92-297, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 12545 (1997) at � 352 ("LMDS Second Report and Order"). 47 C.F.R. � 24.709(b). See also Wireless Telecommunications Bureau Responds to Questions about the Local Multipoint 42 Distribution Service, Public Notice, DA 98-37 (rel. January 9, 1998). See, e.g., In the Matter of Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 43 No. 93-253, Tenth Report and Order, 11 FCC Rcd 19974 (1996) at � 15; LMDS Second Report
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  • and includes the criteria set forth in Ellis Thompson. We recently sought comment in the Part 1 Second Further Notice on whether we should impose a minimum equity 233 requirement (e.g., fifteen percent) on any person or entity identified as a controlling interest. The "controlling 234 Federal Communications Commission FCC 98-151 See 47 C.F.R. � 1.2110(b)(4)(v); cf. 47 C.F.R. � 24.709(b)(7). 235 We note, however, that in seeking comment regarding the auction of initial licenses for certain broadcast stations, the 236 Commission has proposed stricter attribution standards and eligibility requirements for applicants seeking to qualify for minority- based provisions. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Notice
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  • case basis, and includes the criteria set forth in Ellis Thompson. We recently sought 58 comment in the Part 1 Second Further Notice on whether we should impose a minimum equity requirement (e.g., fifteen percent) on any person or entity identified as a controlling interest. 59 Federal Communications Commission FCC 98-157 See 47 C.F.R. � 1.2110(b)(4)(v); cf. 47 C.F.R. � 24.709(b)(7). 60 We note, however, that in seeking comment regarding the auction of initial licenses for certain broadcast 61 stations, the Commission has proposed stricter attribution standards and eligibility requirements for applicants seeking to qualify for minority-based provisions. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, Notice of
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
  • Intermountain Microwave, 24 Rad. Reg. (P & F) 983 (1963); Stephen F. Sewell, Assignments and Transfers of Control of FCC Authorizations Under Section 309(d) of the Communications Act of 1934, 43 FED. COMM. L.J. 277 (1991). See Part 1 Third Report and Order, 13 FCC Rcd at 478, � 186. 59 See 47 C.F.R. � 1.2110(b)(4)(v); cf. 47 C.F.R. � 24.709(b)(7). 60 13 definition of "controlling interest" to clarify the application of the attribution rule in determining whether an entity qualifies to bid as a small business. In calculating gross revenues for purposes of small business eligibility, applicants will be required to count the gross revenues of the controlling interests of the applicant and their affiliates. This approach is consistent with
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  • type. The recommended titles listed above should be entered in the File Description field on the Attachment screen. The electronic filing software will accept a variety of file formats including Word, Word Perfect, Excel, Lotus, and ASCII text. See online help for a full list of D-4 acceptable file formats. I. Applicant Identity and Ownership Information Background Sections 1.2112 and 24.709 of the Commission's rules requires each applicant to make full and complete disclosure with regard to the real party or parties in interest and as to all matters required to be disclosed by the application form. Applicants should attach the information concerning the identity of the applicant (i.e., real party or parties in interest) and ownership interests held in the
• http://wireless.fcc.gov/auctions/22/releases/da000279.doc http://wireless.fcc.gov/auctions/22/releases/da000279.pdf http://wireless.fcc.gov/auctions/22/releases/da000279.txt
  • KNLF882, KNLG279, KNLG280 and KNLG281, FCC File No. 000002035; Application of Leap Wireless International, Inc. for Authorization to Construct and Operate 36 Broadband PCS C Block Licenses, FCC File No. 0000012974, Memorandum Opinion and Order, 14 FCC Rcd 11827 (1999) (``Leap MO&O''). See also Carolina PCS I Limited Partnership Application for Review, filed August 23, 1999. See 47 C.F.R �� 24.709(a)(1) and (b)(2). (continued....) Federal Communications Commission Federal Communications Commission DA 00-279 ���� �@��� �@��� @& �0� �0� �0� �0� �0� �0� ���
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  • be no higher than this amount. Accordingly, the Bureau plans to set the upfront payment amount for each 13 license in Auction No. 22 at $0.06 * MHz * Pops (rounded up to the next dollar). We note, however, that in the C Block Fourth Report and Order the Id. 14 See id. at para. 34. 15 47 C.F.R. � 24.709. 16 Budget Act, � 3002(a)(E)(i). 17 5 Commission stated that the Bureau may establish a lower upfront payment if it deems a lower amount to be reasonable.14 As required by the C Block Fourth Report and Order, the upfront payment amount for "former defaulters," i.e., applicants that have ever been in default on any Commission licenses or have ever been
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  • to specific licenses, but instead will be translated into bidding units to define a bidder's initial maximum eligibility, which cannot be increased during the auction. Thus, in calculating the upfront payment amount, an applicant must determine the maximum number of bidding units it may wish to bid on (or hold high bids on) in any single round, 47 C.F.R. � 24.709. 5 3 and submit an upfront payment covering that number of bidding units. The Bureau seeks comment on its proposal to use this same approach for the D, E, and F block licenses to be auctioned. III. Attribution Rules As stated in the Procedural Public Notice, the attribution rules set forth in Section 24.709 of the Commission's rules will apply
• 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
  • from remote locations, either electronically (by computer) or telephonically. Pre-Auction Deadlines: ! Auction Seminar..........................February 3, 1999 ! Short Form Application (FCC Form 175) February 12, 1999; 5:30 p.m. ET ! Upfront Payments (via wire transfer) . . . .March 1, 1999; 6:00 p.m. ET ! Orders for Remote Bidding Software ........March 9, 1999 ! Mock Auction ..........................March 18, 1999 Section 24.709 of the Commissions rules defines an entrepreneur for purposes of C and F block auctions 6 without actually using the term 'entrepreneur': No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and
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  • one or more licenses in frequency blocks C and/or F must demonstrate its eligibility as an entrepreneur. The following attachment also replaces Tab F, 151-57, in the Bidder Information Package for Auction No. 22. In addition, this Public Notice corrects the Announcement Public Notice at Part 2.F.(3) ("Application Showing"), page 15, lines 8-9. Specifically, the words "Sections 1.2105(a), 1.2112(b), and 24.709" are corrected to read "Sections 1.2105(a), 1.2112(a), and 24.709." 2 ATTACHMENT B GUIDELINES FOR COMPLETION OF FCC FORM 175 AND EXHIBITS A. FCC Form 175 Because of the significance of the FCC Form 175 application to the auction, bidders should especially note the following: Items 2-5: Give a street address (not a Post Office box number) for the applicant, suitable
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  • not exceeding $15 million for the preceding three years. 47 C.F.R. � 24.720(b); see 47 C.F.R. � 1.2110(e)(2)(ii), (iii). Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal 3 Communications Services (PCS) Licenses, Fourth Report and Order, FCC 98-176, 13 FCC Rcd. 15,743, 15,751-52, paras. 13, 15 (1998) ("C Block Fourth Report and Order"); see 47 C.F.R. � 24.709(b)(9)(i). C Block Fourth Report and Order 13 FCC Rcd at 15,768, para. 47. 4 Id. 5 February 12, 1999 DA 99-332 Mark J. Tauber, Esq. Piper & Marbury L.L.P. 1200 19th Street, N.W. Seventh Floor Washington, DC 20036 Dear Mr. Tauber: This letter is in response to a request filed on behalf of Omnipoint Corporation ("Omnipoint") for a 1 waiver
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DiGiPH disaggregated BTA B094 and B292. "Wireless Telecommunications Bureau Announces Broadband 1 Personal Communications Services C Block Elections," Public Notice, DA 98-1168 (rel. June 16, 1998), App. A, p. 5. 47 C.F.R. � 24.709 (b)(9)(ii). 2 Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal 3 Communications Services (PCS) Licensees, WT Docket No. 97-82, Second Report and Order and Further Notice of Proposed Rule Making, FCC 97-342, 12 FCC Rcd 16,436 (1997); Amendment of the Commission's Rules Regarding Installment Payment Financing For Personal Communications (PCS) Licensees, WT Docket No. 97-82, Order on
• http://wireless.fcc.gov/auctions/22/releases/da990482.pdf
  • any changes to the license inventory, bidders will be informed by Public Notice. We note, however, that Leap Wireless International, Inc., ("Leap") is listed as a qualified bidder only conditionally, 2 until resolution of a pending assignment application filed by a subsidiary of Leap and AirGate Wireless, L.L.C., which will determine Leap's eligibility as an entrepreneur under 47 C.F.R. � 24.709(a). The Wireless Telecommunications Bureau reserves the right to reject Leap's short-form application (FCC Form 175) and find Leap not qualified to bid with respect to any C or F block licenses in Auction No. 22 based on that determination. PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, S.W. WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet:
• http://wireless.fcc.gov/auctions/22/releases/da990556.pdf
  • requests a waiver of the requirement that it resubmit its application for Auction No. 22 no later than March 3, 1999, 5:30 p.m. (EST). In effect, WII seeks to correct its timely resubmitted application (FCC Form 175).2 WII's original and resubmitted applications contained inconsistencies identifying the applicant as both a consortium and Limited Liability Corporation ("LLC"), in violation of Sections 24.709, 24.712, 24.717 and 24.720 of the Commission's Rules.3 In requesting this waiver, WII argues that it had a reasonable, albeit mistaken, belief that its resubmission qualified under the Commission's Rules due to previous Wireless Telecommunications Bureau ("Bureau") rulings.4 In order to obtain a waiver of the Commission's Rules, WII must show "(i) that the underlying purpose of the rule will
• http://wireless.fcc.gov/auctions/22/releases/da990667.pdf
  • April 7, 1999 See 47 C.F.R. � 1.925; Waiver Request at 1-2. Omnipoint relies on Section 24.819 of the Commission's rules, 7 47 C.F.R. � 24.819. On February 12, 1999, however, Section 24.819 was superseded by Section 1.925, which contains essentially the same standard for granting a waiver. See 63 Fed. Reg. 68,904 (December 14, 1998). See 47 C.F.R. � 24.709(a); Implementation of Section 309(j) of the Communications Act -- Competitive 8 Bidding, FCC 94-178, Fifth Report and Order, 9 FCC Rcd 5532, 5585 � 121 (1994) ("Fifth Report and Order"). Fifth Report and Order at 5606 � 170. 9 Id. The 98-license limit applies only to licenses won at auction; it is not an ownership cap on the total number
• http://wireless.fcc.gov/auctions/22/releases/da991821.pdf
  • 11 ABC Wireless Opposition at 3. 12 ABC Wireless Opposition at 3, citing Florida Audobon Society v. Bentsen, 94 F.3d 658, 663 (D.C. Cir. 1996) (en banc). 13 ABC Wireless Opposition at 3-4. 14 Id. Federal Communications Commission DA 99-1821 3 attributable equity investments that may cause ABC Wireless to exceed the $500 million asset limit set forth in section 24.709(a) of the Commission's rules.15 Mountain Solutions also argues that the fact that two of ABC Wireless's three principals constituted the control group for an entity which bid in the original C block auction does not establish that its eligibility may be "grandfathered" for Auction 22.16 ABC Wireless states in its Opposition that it is merely in discussions with additional financial
• http://wireless.fcc.gov/auctions/22/releases/da991824.pdf
  • here the import of FCC v. Pottsville, because in any event SouthEast is in error when it contends that, by acting on ABC Wireless's and ComScape's applications, we will be deciding the same issue that is pending appellate review. The issue before the Commission is whether ABC Wireless and ComScape are eligible to hold C block licenses pursuant to section 24.709 of the Commission's rules.21 The Court of Appeals, on the other hand, is considering the merits of SouthEast's Petition for Reconsideration and Stay Request and its Auction Stay Request, which focus on the issue of SouthEast's request for waiver of the Commission's default rules. Thus, we reject SouthEast's argument that we lack jurisdiction to act on ABC Wireless's and ComScape's
• http://wireless.fcc.gov/auctions/22/releases/e990757d.pdf http://wireless.fcc.gov/auctions/22/releases/e990757d.wp
  • type. The recommended titles listed above should be entered in the File Description field on the Attachment screen. The electronic filing software will accept a variety of file formats including Word, Word Perfect, Excel, Lotus, and ASCII text. See online help for a full list of D-4 acceptable file formats. I. Applicant Identity and Ownership Information Background Sections 1.2112 and 24.709 of the Commission's rules requires each applicant to make full and complete disclosure with regard to the real party or parties in interest and as to all matters required to be disclosed by the application form. Applicants should attach the information concerning the identity of the applicant (i.e., real party or parties in interest) and ownership interests held in the
• http://wireless.fcc.gov/auctions/22/releases/fc980176.pdf http://wireless.fcc.gov/auctions/22/releases/fc980176.txt http://wireless.fcc.gov/auctions/22/releases/fc980176.wp
  • ("C Block Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), � 309(j)(4)(D), 47 U.S.C. 4 � 309(j)(4)(D). See 47 C.F.R. �� 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix
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  • 469, � 127. See also id. at 466, � 119; Fifth 12 Report and Order, 9 FCC Rcd at 5591, � 134 (Commission adopts the bidding credit unjust enrichment rule with no mention of grandfathering a licensee's eligibility for bidding credits). See C Block Fourth Report and Order, 13 FCC Rcd. at 15,768-69, � 4. See also 47 C.F.R. � 24.709(b)(9)(i). 13 See, e.g., Amendment of the Commission's Rules Regarding Installment Payment Financing For Personal 14 Communications (PCS) Licensees, WT Docket No. 97-82, Order on Reconsideration of the Second Report and Order, 13 FCC Rcd 8345, 8359, � 36 (1988) ("If we were to allow C block licensees to return their licenses, receive a refund of their down payments, and participate
• http://wireless.fcc.gov/auctions/22/releases/pcsbipa.pdf
  • gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time of their Form 175 filing. Note: Bidders that participated in either of the C block auctions, Auctions No. 5 & No.10, will not be required to meet the revenue and asset rule requirements of Section 24.709 of the Commission's rules. Bidding Credits Bidders with average gross revenues not exceeding $40 million for the preceding three years may be eligible to receive a 15% bidding credit on its winning bids for C & F block licenses. Bidders with average gross revenues not exceeding $15 million for the preceding three years may be eligible to receive a 25%
• http://wireless.fcc.gov/auctions/22/releases/pcsbipf.pdf
  • address, and citizenship Corporation of all members. Trust Name, citizenship, and address of trustee. None of the above Name, citizenship, title or other relation to the applicant, and address of a principal or other responsible person. 2. Ownership Information Applicant Status Required Information All applicants Name, citizenship, and address of all attributable interests of the applicant as defined in Section 24.709. All applicants Name, citizenship, and address of all parties holding 10 percent or more of each class of stock, warrants, options or debt securities and the amount and percentage held All applicants Name of all parties holding a 10 percent or greater interest in the applicant and the specific amount held All applicants List of any FCC-licensed entity or applicant
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • ("C Block Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), � 309(j)(4)(D), 47 U.S.C. 4 � 309(j)(4)(D). See 47 C.F.R. �� 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix
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  • eliminate the personal net worth Federal Communications Commission FCC 99-98 Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 421, � 30. 352 See former Narrowband PCS rules, 47 C.F.R. � 24.320(e) (1995). 353 Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 421, � 30. 354 See 47 C.F.R. � 22.223(b)(2). 355 47 C.F.R. � 24.709(b). 356 Second Report and Order and Further Notice, 12 FCC Rcd at 2812, � 180. 357 47 C.F.R. � 22.223(d); see also Second Report and Order and Further Notice, 12 FCC Rcd at 2812, 358 � 180. See, e.g., 13 C.F.R. � 121.103. 359 Second Report and Order and Further Notice, 12 FCC Rcd at 2812, � 180. 360 56
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  • placed on Guard Band Managers, we anticipate collecting this information electronically, through our Universal Licensing System. The specific information that Guard Band Managers will provide and the procedures that Guard Band Managers will follow in making this annual report will be announced in a subsequent Public Notice to be issued by the Wireless Telecommunications Bureau. See, e.g., 47 C.F.R. � 24.709(d). 700 MHz First Report and Order at para. 75. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry
• http://wireless.fcc.gov/auctions/35/releases/d000145a.pdf
  • Inc. Vice President and 175 E. Houston Street Assistant General Counsel San Antonio, Texas 78205 Phone 210-351-3476 WAIVER - EXPEDITED ACTION REQUESTED January 2 1,200O Magalie Roman Salas Secretary Federal Communications Commission c/o Mellon Bank P.O. Box 358130 Pittsburgh, PA 1525 l-5 130 Re: Petition of SBC Communications Inc. for a Waiver of the Eligibility Requirements of 47 C.F.R. 9 24.709 for the PCS Frequency Blocks C and F Auction to Benin on July 26.2000 Dear Ms. Salas: Enclosed for filing please find an original and four copies of the Petition of SBC Communications Inc. for a Waiver of the Eligibility Requirements of 47 C.F.R. 5 24.709 for the PCS Frequency Blocks C and F Auction to Begin on July 26,200O.
• http://wireless.fcc.gov/auctions/35/releases/d000191b.pdf
  • Inc. Vice President and 175 E. Houston Street Assistant General Counsel San Antonio, Texas 78205 Phone 210-351-3476 WAIVER - EXPEDITED ACTION REQUESTED January 2 1,200O Magalie Roman Salas Secretary Federal Communications Commission c/o Mellon Bank P.O. Box 358130 Pittsburgh, PA 1525 l-5 130 Re: Petition of SBC Communications Inc. for a Waiver of the Eligibility Requirements of 47 C.F.R. 9 24.709 for the PCS Frequency Blocks C and F Auction to Benin on July 26.2000 Dear Ms. Salas: Enclosed for filing please find an original and four copies of the Petition of SBC Communications Inc. for a Waiver of the Eligibility Requirements of 47 C.F.R. 5 24.709 for the PCS Frequency Blocks C and F Auction to Begin on July 26,200O.
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  • Content-Transfer-Encoding: 8bit DA 00-145 January 31, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER OF THE ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE UPCOMING PCS C AND F BLOCK AUCTION Comment Date: February 10, 2000 Reply Date: February 15, 2000 SBC Communications Inc. (``SBC'') has filed a request for waiver of the eligibility requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's
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  • Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate in the upcoming C and F block auction. In addition, Nextel urges the Commission to auction one block of spectrum at the end
• http://wireless.fcc.gov/auctions/35/releases/da000318.doc http://wireless.fcc.gov/auctions/35/releases/da000318.pdf http://wireless.fcc.gov/auctions/35/releases/da000318.txt
  • For further information, contact Dan Connors of the Commercial Wireless Division at (202) 418-2109. By the Chief, Wireless Telecommunications Bureau -FCC- AT&T Wireless Services, Inc., Petition For Waiver And Expedited Action, filed February 15, 2000; BellSouth Corporation, Petition For Waiver And Expedited Action, filed February 17, 2000. BellSouth's petition also requests a waiver of the Commission's eligibility requirements under Section 24.709 of the Commission's rules to permit BellSouth to participate in the July 26, 2000 C and F block auction. This request will be considered in connection with the Public Notices released by the Wireless Telecommunications Bureau seeking comment on a request to waive the eligibility requirements for participation in the upcoming C and F block auction. See ``Wireless Telecommunications Bureau
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  • Participation in the Upcoming PCS C and F Block Auction,'' Public Notice, DA 00-145 (rel. January 31, 2000). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. C Block Fourth Report and Order at 15761-62, � 34, see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum
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  • Public Notice, DA 00-504 (rel. March 3, 2000). See, e.g., Comments of AT&T Wireless Services, Inc. at 3, filed February 22, 2000; Comments of GTE at 6, filed February 22, 2000; Reply Comments of Nextel Communications, Inc. at 31, filed March 1, 2000. See also Petition of SBC Communications Inc. for Waiver of the Eligibility Requirements of 47 C.F.R. Section 24.709 for the PCS C and F Block Auction and for Expedited Action, filed January 21, 2000 (seeking expedited consideration of request to waive eligibility rules in Auction No. 35 to facilitate their preparation for that auction). See 47 C.F.R. � 0.331 (authority delegated to Wireless Telecommunications Bureau); 47 C.F.R. � 1.3 (suspension, amendment, and waiver of Commission Rules). See also
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  • Rcd 6079 (2000). For C and F block auction eligibility purposes, ``entrepreneurs'' are applicants that, including attributable investors and affiliates, have had gross revenues of less that $125 million in each of the last two years and have total assets of less than $500 million at the time of the applicant's short-form auction application (FCC Form 175). 47 C.F.R. � 24.709(a). But note that, pursuant to 47 C.F.R. � 24.709(b)(9)(i), any entity that was eligible for and participated in either of the first two C block auctions (Auction No. 5 or Auction No.10), will be eligible to bid in C block spectrum auctions that begin within two years of the start of Auction No. 22, March 23, 1999. See Amendment of
• 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
  • its affiliates, persons or entities that hold interests in the applicant, and their affiliates, have combined total assets of less than $500 million and have had combined gross revenues of less that $125 million in each of the last two years. Applicants that can make this showing qualify as ``entrepreneurs'' for purposes of C and F block auctions. See Section 24.709 of the Commission's Rules. Grandfather exception. Qualified applicants that were eligible for and participated in Auction No. 5 or 10 may bid on closed C block licenses in any auction that begins on or before March 23, 2001, even if their total assets and gross revenues exceed the financial caps for auction participation as an entrepreneur. This exception does not
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  • pursuant to Section 0.331 of the Commission's rules. Sincerely, Margaret Wiener Deputy Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau See ``Wireless Telecommunications Bureau Announces Broadband Personal Communications Services C Block Elections,'' Public Notice, 13 FCC Rcd 16,705 (WTB 1998), App. A (listing Fortunet C block elections and returned and retained licenses) (``C Block Election PN'') 47 C.F.R. � 24.709(b)(9)(ii); Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15,743, 15,750-51, �� 12-13 (1998); Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Order on Reconsideration of the Second Report and Order, 13
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  • Current License Grouping for Bidding in the Auction We tentatively conclude that we will retain BTA service areas and a license-by-license bidding design for Auction No. 35. Clarify the Grandfather Exception We invite comment in this proceeding on a number of issues raised by parties seeking reconsideration of the grandfather exception to the eligibility rules, which is provided in Section 24.709(b)(9)(i). On the issue of how the exception applies in a merger situation, we tentatively conclude that when each of the merging entities is eligible for the ``grandfather'' exception, the exception extends to the resulting entity, but that when one (or more) of the merging entities is not eligible for the ``grandfather'' exception, the exception does not extend to the resulting
• http://wireless.fcc.gov/auctions/35/releases/fc000299.doc http://wireless.fcc.gov/auctions/35/releases/fc000299.pdf http://wireless.fcc.gov/auctions/35/releases/fc000299.txt
  • provision of spectrum-based services, the Commission originally limited eligibility for C and F block PCS licenses to "entrepreneurs" and adopted special provisions for those blocks to assist small and women- and minority-owned businesses. The Commission considers entrepreneurs, with regard to the C and F blocks, to be those entities that can meet the auction and licensing eligibility requirements of Section 24.709 of the Commission's rules. The principal requirement is set forth in Section 24.709(a)(1), as follows: No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues of less
• http://wireless.fcc.gov/auctions/35/releases/fc000313A.doc http://wireless.fcc.gov/auctions/35/releases/fc000313A.pdf http://wireless.fcc.gov/auctions/35/releases/fc000313A.txt
  • Tier 1; one of the three reconfigured 10 MHz C block licenses in Tier 2; all 15 MHz C block licenses in Tier 1; all F block licenses; all C block licenses available but unsold in Auction No. 22. License grouping. We reject Nextel's proposal to license by bulk bidding. ``Grandfather'' exception. We clarify an applicant's eligibility for the Section 24.709(b)(9)(i) C block ``grandfather'' exception after it has been involved in a merger, acquisition, or other business combination, as follows: When each of the combining entities is individually eligible for the ``grandfather'' exception, the exception will extend to the resulting entity. When one or more of the combining entities is not individually eligible for the grandfather exception, the resulting entity will
• http://wireless.fcc.gov/auctions/35/releases/fc010017.doc http://wireless.fcc.gov/auctions/35/releases/fc010017.pdf http://wireless.fcc.gov/auctions/35/releases/fc010017.txt
  • eligible for, and participated in, either of the first two C block auctions (Auction No. 5 or Auction No. 10), will be eligible to bid in C block spectrum auctions that begin within two years of the start of Auction No. 22, March 23, 1999. An entity that qualifies under this exception is called a ``grandfathered'' entity. 47 C.F.R. � 24.709(b)(9)(i); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15, 743, at 15,751-52 �� 13, 15 (1998) (``C Block Fourth Report and Order''). See 47 U.S.C. � 309(j)(4)(D), 47 U.S.C. � 309(j)(4)(D). See Competitive Bidding Fifth Report and Order, 9 FCC
• 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
  • Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698, � 16 (1997). Part 1 Fifth Report and Order, �� 40-42; 47 C.F.R. � 1.2106(a); see also C Block Fourth Report and Order at 15,761-62, � 34; 47 C.F.R. ��1.2105(a)(2)(xi); 24.709(a)(5). Auction No. 39 Comment Public Notice at 3. Havens Comments at 3. Id. See Auction No. 39 Comment Public Notice at 3. Id. at 3. Id. at 4-5. Id. at 4. Id. Id. at 9. Id. at 9-10. Id. at 5. See Balanced Budget Act, section 3002(a), 47 U.S.C. � 309(j)(4)(F). See Amendment of Part 1 of the Commission's Rules
• 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
  • Long-Form Application Within ten business days after release of the auction closing notice, winning bidders must electronically submit a properly completed long-form application (FCC Form 601) and required exhibits for each license won through Auction No. 40. Winning bidders that are small businesses must include an exhibit demonstrating their eligibility for small business bidding credits. See 47 C.F.R. �� 1.2112(b), 24.709(c)(2)(i). Further filing instructions will be provided to auction winners at the close of the auction. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is
• http://wireless.fcc.gov/auctions/58/comments/da041639-DEprogramsup-reply.pdf
  • for Civil Rights Under the Law, National Association for the Advancement of Colored People, National Associations of Black Owned Broadcasters and the National Urban League. These Reply Comments reflect the institutional views of each of the DE Supporters and is not intended to reflect the views of any of their individual members, directors or advisors. 2 / See 47 C.F.R �24.709(a). 3 / See e.g., Highland Cellular Comments at 1; McBride and Reiter Comments at 1; Coloma Spectrum, LLC Comments at 1. 2 the auction without the DE set-asides. 4/ As Doyon, Limited stated, "lack of access to capital is the dominant barrier to entry in the capital-intensive wireless industry" and the consistency of the DE rules helps small businesses acquire
• http://wireless.fcc.gov/auctions/58/comments/da041639-DEprogramsup.pdf
  • the Advancement of Colored People, National Association of Black Owned Broadcasters, National Association of Black Telecommunications Professionals, National Coalition of Hispanic Organizations, and the National Urban League. These Comments reflect the institutional views of each of the DE Supporters and are not intended to reflect the views of any of their individual members, directors or advisors. 2/ See 47 C.F.R. �24.709(a) (discussed in the Auction 58 PN, p. 2 and ns. 3-5). -2- Pub. L. No. 103-66, Title VI, �6002(b), 107 Stat. 312 (1993), codified at 47 C.F.R. �309(j)(3). The Designated Entity Program for Personal Communications Services ("PCS") licenses, in its present form, was reaffirmed in Installment Payment Financing for PCS Licenses, Sixth R&O and Order on Reconsideration, 15 FCC Rcd
• http://wireless.fcc.gov/auctions/58/comments/da041639-alta.pdf
  • with DE set-asides and bid credits, will raise necessary financing and participate aggressively in these auctions, spending billions more dollars on PCS spectrum. Alta therefore encourages the Commission to stand by its proven method of protecting diversity and competition in the wireless communications marketplace. Respectfully submitted, S/[name of signor] B. Lane MacDonald General Partner 2 See 47 C.F.R. �� 24.229(b), 24.709(a).
• http://wireless.fcc.gov/auctions/58/comments/da041639-catalyst.pdf
  • DEs, properly supported with DE set-asides and bid credits, will raise necessary financing and participate aggressively in these auctions, spending billions more dollars on PCS spectrum. Catalyst therefore encourages the Commission to stand by its proven method of protecting diversity and competition in the wireless communications marketplace. Respectfully submitted, S_________________________ Brian Rich Managing Partner 2 See 47 C.F.R. �� 24.229(b), 24.709(a).
• http://wireless.fcc.gov/auctions/58/comments/da041639-ctia.pdf
  • measures have proven to be more effective in enabling small businesses to acquire licenses and construct systems. Furthermore, unlike prior auctions, Auction 58 will make available substantial blocks of returned NextWave spectrum that have languished for nearly eight years. Thus, Auction 58 presents unique circumstances warranting the Commission's long overdue re-assessment of the entrepreneur eligibility restrictions. 3 47 C.F.R. � 24.709. 3 As CTIA's petition further demonstrates, allowing open bidding for all C block licenses available in Auction 58 will serve the public interest and achieve the statutory objectives underlying the Commission's auction authority. Auction 58 will provide an eagerly awaited opportunity for carriers to obtain additional spectrum. Accordingly, the Commission should establish auction rules that will ensure that this opportunity
• http://wireless.fcc.gov/auctions/58/comments/da041639-dobson.pdf
  • Bureau COMMENTS OF DOBSON COMMUNICATIONS CORPORATION AND REQUEST FOR WAIVER Dobson Communications Corporation ("Dobson") hereby responds to the Wireless Telecommunications Bureau's (the "Bureau's") Public Notice seeking comment on procedures with respect to the upcoming auction of broadband PCS licenses (Auction 58).1 Dobson urges the Bureau to recognize the inequities that exist by reason of the sunset provision contained in Section 24.709(a)(5)(i) of the Commission's rules2 and to use its delegated authority over the conduct of these auctions to allow entities that were eligible to bid, and in fact participated in bidding, on licenses offered in "closed" bidding in Auction 35 to bid in the closed auction on certain of the licenses being offered in Auction 58.3 1 Broadband PCS Auction Scheduled
• http://wireless.fcc.gov/auctions/58/comments/da041639-madison.pdf
  • with DE set-asides and bid credits, will raise necessary financing and participate aggressively in these auctions, spending billions more dollars on PCS spectrum. MDP therefore encourages the Commission to stand by its proven method of protecting diversity and competition in the wireless communications marketplace. Respectfully submitted, S/ Michael P. Cole Michael P. Cole Director 2 See 47 C.F.R. �� 24.229(b), 24.709(a).
• http://wireless.fcc.gov/auctions/58/comments/da041639-mvp.pdf
  • will participate, and will have the means to spend billions more dollars on PCS spectrum. Media Venture Partners therefore encourages the Commission to promote greater regulatory certainty by standing by its proven method of protecting diversity and competition in the wireless communications marketplace. Respectfully submitted, s/s Greg D. Widroe Greg D. Widroe Managing Director 2 See 47 C.F.R. �� 24.229(b), 24.709(a).
• http://wireless.fcc.gov/auctions/58/comments/da041639-rtg.pdf
  • to Auction Some NextWave Spectrum to `Designated Entities, Telecommunications Reports (July 1, 2004). 6 Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Sixth Report & Order and Order on Reconsideration, FCC 00-313 (2000) ("Sixth R&O") at � 1. See also Order on Reconsideration, FCC 01-17, � 6 (2001); 47 C.F.R. � � 24.229(b), 24.709(a). 3 spectrum made available or reclaimed from bankruptcy proceedings in the future."7 Additionally, the Commission's careful consideration of the diverse proposals submitted regarding this issue in 2000 represented a reasonable and fair balance of the objectives of Section 309(j) of the Communications Act of 1934, as amended ("Act").8 During that proceeding, following a full notice and comment process, the Commission
• http://wireless.fcc.gov/auctions/58/resources/AudryBashkin.pdf
  • collusion rule. collusion rule. Auctions Website has an anti Auctions Website has an anti--collusion page with links to the collusion page with links to the same documents. same documents. Exhibit C Exhibit C --Entrepreneur Eligibility Entrepreneur Eligibility To participate in closed bidding, an applicant must qualify To participate in closed bidding, an applicant must qualify as an "entrepreneur" under Section 24.709(a)(1), i.e., the as an "entrepreneur" under Section 24.709(a)(1), i.e., the applicant, together with its affiliates and persons or entities applicant, together with its affiliates and persons or entities that hold interests in the applicant, and their affiliates that hold interests in the applicant, and their affiliates - - must have had gross revenues of less than $125 must have had
• http://wireless.fcc.gov/auctions/58/resources/ErinMcGrath.pdf
  • benchmark prior to any license being granted. Form 601 �Closed Bidding �An applicant must demonstrate that the applicant, its controlling interests, its affiliates, and the controlling interests of the affiliates have combined total assets of less than $500 million and have had combined gross revenues of less than $125 million in each of the last two years. See 47 C.F.R. 24.709(a)(1). Form 601 �Designated Entities �Small and very small businesses, or consortia thereof, which are the high bidders on open licenses are eligible for bidding credits of fifteen and twenty-five percent, respectively. �An applicant applying for small or very small business status must demonstrate that the applicant, its controlling interests, its affiliates, and the controlling interests of the affiliates have combined
• http://wireless.fcc.gov/auctions/82/releases/d011300a.pdf
  • applicant's other media of mass communications in accordance with 47 C.F.R. �� 73.5007 & 73.5008. Item 11. Entrepreneur Eligibility. If bidding in a wireless auction, place an [X] in the box preceding the Entrepreneur Eligibility, if appropriate. This will signify that the applicant is qualified to bid in an entrepreneur block auction. For the rules concerning eligibility, see 47 C.F.R. 24.709. Item 12. Facilities for which you want to bid. If bidding for wireless licenses, use Schedule A. If bidding for broadcast construction permits, use Schedule B. In addition, see the specific instructions for Schedules A and B. Item 13. Exhibits. If exhibits are attached to the application, check the box provided and indicate the number of exhibits. List in an
• http://wireless.fcc.gov/auctions/anticollusion/releases//da970674.pdf http://wireless.fcc.gov/auctions/anticollusion/releases//da970674.txt http://wireless.fcc.gov/auctions/anticollusion/releases//da970674.wp
  • states, "Hyundai has not and will not communicate with GWI in relation to: (1) cooperating, collaborating, discussing or otherwise knowingly receive information concerning the development or execution of the substance of GWI's bids or bidding strategies . . . and (2) discussing or negotiating settlement agreements on GWI's behalf with other applicants." 47 C.F.R. � 1.2105(c)(4). 78 47 C.F.R. � 24.709(b)(5). "Control Group Minimum 25 Percent Equity Requirement. In order to be eligible to 79 exclude gross revenue and total assets of persons or entities identified in paragraph (b)(3) of this section an applicant must comply with the following requirements: (i) ...[C]ontrol group must own at least 25 percent of the applicant's total equity as follows: (A) At least 15% of
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=10
  • on this subject. Bidding Credits Qualifying applicants in Auction No. 10 were eligible for a bidding credit on C block licenses that represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder, as set provided in 47 C.F,R. Section 24.709 and 24.720(b). A bidder with average gross revenues not exceeding $40 million for the preceding three years received a 25 percent discount on its winning bids for C. The definitions of very small business and small business (or a consortium of very small or small businesses; including calculation of average gross revenues) are set forth in 47 C.F.R. 24.720(b). Winning
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=11
  • and territories, the most licenses offered in one auction to date. The D and E blocks were open to all entities. To bid on the F block license, the bidder needed to qualify as an entrepreneur. Bidding On "F" Block Licenses To bid on an F-block license, an applicant must qualify as an entrepreneur. For this purpose, 47 C.F.R. section 24.709(a) defines an entrepreneur as an applicant that, including its affiliates, its owners, and its owners affiliates, has: * Gross revenues of less than $125 million in each of the last two years * Total assets of less than $500 million at the time of the FCC Form 175 application is filed See the [50]Auction #11 Bidder Information Package for more
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=22
  • revenues not to exceed $125 million for the last two years and have total assets not to exceed $500 million at the time of their Form 175 filing. (Note: Any bidder that participated in either of the C block auctions [Auctions Nos. 5 and 10] were not required to meet the revenue and asset rules as set out in Section 24.709 of the Commission's rules.) [53]Return to Top Arrow Return To Top Last reviewed/updated on 8/27/2006 [54]FCC Home [55]Search [56]RSS [57]Updates [58]E-Filing [59]Initiatives [60]Consumers [61]Find People General Auctions Information [62]Licensing, Technical Support and Website Issues [63]Auctions Contact Information - [64]Forgot Your Password? - [65]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [66]More
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=5
  • information on this subject. Bidding Credits Qualifying applicants in Auction No. 5 were eligible for a bidding credit on C block licenses that represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder, as provided in 47 C.F,R. Section 24.709 and 24.720(b). * A bidder with average gross revenues not exceeding $40 million for the preceding three years received a 25 percent discount on its winning bids for C. The definitions of very small business and small business (or a consortium of very small or small businesses; including calculation of average gross revenues) are set forth in 47 C.F.R. 24.720(b).
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=78
  • its affiliates, its controlling interests, the affiliates of its controlling interests, and the entities with which it has an attributable material relationship. The applicant and its attributable interests must have combined total assets of less than $500 million and must have had combined gross revenues of less than $125 million in each of the last two years. See [62]47 C.F.R. 24.709(a). Small Business Bidding Credits Qualifying applicants in Auction 78 are eligible for a small or very small business bidding credit for all 35 AWS-1 licenses and six broadband PCS licenses the three C block licenses available in open bidding and the three F block licenses. A bidding credit represents the amount by which a bidders winning bids are discounted. The
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=5&page=L
  • Telesis, Inc. 11415 Sturgen Bay Lane Indianapolis, Indiana 46236 This Letter denies 21st Century a waiver of the installment payment rules or an extension of time. [64]pdf - [65]text - [66]Word 9/17/1998 LETTER (DA 98-1888) Letter dated September 17, 1998, to Cheryl A. Tritt, Esq. and Michael K. Kurtis, Esq. re: Request for Letter Ruling Regarding Application of 47 C.F.R. 24.709(b)(7) This letter responds to a request filed on behalf of DiGiPH PCS, Inc. , regarding a proposed modification to a financing arrangement between DiGiPH and its foreign lender. [67]pdf - [68]text - [69]WordPerfect 7/31/1998 LETTER (DA 98-1526) Waiver of June 8, 1998 Election Date for PCS C Block Licensees to Resubmit Election with Correction This letter responds to Anishnabe Communications
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1998&m=9
  • regulations governing the licensing and use of frequencies in the 218-219 MHz band. See Erratum FCC98-228 for corrections. [87]WordPerfect - [88]pdf - [89]text [90]See Erratum FCC 98-228 for corrections 9/17/1998 LETTER (DA 98-1888) Auction [91]5 Letter dated September 17, 1998, to Cheryl A. Tritt, Esq. and Michael K. Kurtis, Esq. re: Request for Letter Ruling Regarding Application of 47 C.F.R. 24.709(b)(7) This letter responds to a request filed on behalf of DiGiPH PCS, Inc. , regarding a proposed modification to a financing arrangement between DiGiPH and its foreign lender. [92]pdf - [93]text - [94]WordPerfect 9/14/1998 LETTER (DA 98-1861) Auction [95]18 Letter to John Reardon, Esquire, Secretary to the Board of Directors and General Counsel, Mobex Communications, Inc. The letter denies Mobex
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • portions of section 22.962 are removed because they are redundant with the Bureau's broad delegation of authority to conduct auctions. 47 C.F.R. � 0.331(d); see supra note 9. Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. �� 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. �� 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the
• http://wireless.fcc.gov/auctions/general/releases/da980419.pdf http://wireless.fcc.gov/auctions/general/releases/da980419.txt http://wireless.fcc.gov/auctions/general/releases/da980419.wp
  • 34, n. 138 of the Third Report and Order is revised to correct a typo to read as follows: We note that, consistent with our broadband PCS rules, a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under � 24.709(b)), debt financing, revenue from operations or other investments, business development or expanded service shall not be considered to result in the licensee losing eligibility for installment payments. Federal Communications Commission DA 98-419 PageNet Comments at 4-7. 210 We further note that the late fee is to be paid at the time the regular quarterly installment payment is made. 288 See
• http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • � 28. Second Notice, 13 FCC Rcd at 477, � 185 and Appendix E at 534-536 (proposed revision to 47 C.F.R. � 1.2110). Second Notice, 13 FCC Rcd at 477, � 183. Id. at 477, � 185. Id. at 477-478, � 185. Id. at 478, � 186. See 47 C.F.R. � 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. � 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz service); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, � 9, (1994) ("Ellis Thompson"), in which the Commission identified the following
• http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
  • 800 MHz and 900 MHz SMR); 47 46 C.F.R. � 24.720(b)(2) ($15 million definition of small business in broadband PCS F block); 47 C.F.R. � 24.720(b)(1) ($40 million definition of small business in broadband PCS for C and F blocks); 47 C.F.R. � 21.961(b)(1) ($40 million definition of small business in MDS). 47 C.F.R. � 24.711(b)(1). 47 47 C.F.R. � 24.709(a)(1). 48 13 in this proceeding. We envision that only a limited number of competitive bidding regulations would need to be adopted on a service-specific basis. We seek comment on whether the rules adopted in this proceeding should supersede all existing, service-specific competitive bidding rules for future auctions. We propose that this action would affect all services that are subject to
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • � 24.720(b)(2) ($15 million definition of small business in broadband PCS F block); 47 C.F.R. � 24.720(b)(1) ($40 million definition of small business in broadband PCS for C and F blocks); 47 C.F.R. � 21.961(b)(1) ($40 million definition of small business in MDS) 47 C.F.R. � 24.711(b)(1) ($75 million definition in broadband PCS C and F blocks); 47 C.F.R. � 24.709(a)(1) ($125 million gross revenues threshold for determining entrepreneurs' block eligibility in the broadband PCS C and F blocks); and 47 C.F.R. � 101.1112(d) ($15, $40 and $75 million gross revenues threshold for determining small business and entrepreneurs' block eligibility in LMDS). Notice at � 20; see infra at Section III. B.6. 39 Notice at � 21. 40 14 additional measures
• http://wireless.fcc.gov/auctions/general/releases/fcc020034.pdf http://wireless.fcc.gov/auctions/general/releases/fcc020034.txt
  • of the Commission's Rules � Competitive Bidding Procedures, 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, 388-89, � 19 (1997) ("Part 1 Third Report and Order"). 6 See 47 C.F.R. � 24.709(a). The Commission uses only a gross revenues test to determine small business bidding credit eligibility in C and F block auctions. See id. �� 24.712, 24.717, 24.720(b). 7 Further Notice, 15 FCC Rcd 15,293, 15,331-32, � 81. 8 See NTCA Comments at 1-3, RTG Comments at 4-5, and SBA Comments at 2. 9 See Joint Commenters Comments at 3. 10
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • 47 C.F.R. � 1.2104(g) (general competitive bidding rules), and 47 C.F.R. � 24.704 (bid withdrawal rule applicable to broadband PCS auctions). 47 C.F.R. � 1.2105(c). See generally 47 C.F.R. � 1.2110. Special provisions also have been adopted to aid "designated entities" in connection with spectrum auctions for particular services. See, e.g., 47 C.F.R. � 24.309 (narrowband PCS); 47 C.F.R. � 24.709 (broadband PCS); 47 C.F.R. � 90.810 et seq. (900 MHz SMR). See Amendment of Part 1 of the Commission's Rules, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, WT Docket No. 97-82, FCC 97-60 (rel. Feb. 28, 1997). Mitretek ex parte meeting at the Federal Communications Commission, Washington, DC, Aug. 12, 1997, discussion with Robert R. Menna
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011914.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011914.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011914.txt
  • of its interest in Madison SMSA Limited Partnership to an unrelated third party such that the consummation of the merger transaction will not violate 47 C.F.R. � 22.942. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. ��154(i) and (j), 309, and 310(d), and sections 0.331, 24.709 and 24.839 of the Commission's rules, 47 C.F.R. �� 0.331, 24.709 and 24.839, that the grant of these applications is subject to the condition that, prior to consummating the merger transaction described in the applications, Chorus divest its F block PCS license to an unrelated third party such that the transaction(s) contemplated in the Joint Applications will not violate 47
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • agreed to pay for its shares did not entitle it to shareholder rights materially different from the rights of all common shareholders.80 In particular, DT's 73 Fox I, 10 FCC Rcd at 8454, para. 2. 74 Id. at 8474, para. 50. 75 Id. at 8471-74, paras. 43-74. 76 See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. �� 24.709, 24.712, 24.720. 77 NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. 78 Fox I, 10 FCC Rcd at 8474, para. 49. 79 Applicants Feb. 9 Response to Supplemental Information Request at 17-18. 80 Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • Section III.D.3., supra). 399 Adarand, 115 S. Ct. at 2113. 400 VMI, 116 S. Ct. at 2274 (citing J.E.B. v. Alabama ex rel. T. B., 511 U.S. 127, 136-37 and n. 6 (1994) and 401 Mississippi Univ. for Women v. Hogan, 458 U.S. 718, 724 (1982)). 92 along with control group equity requirements (as set forth in 47 C.F.R. � 24.709) and unjust enrichment restrictions (as set forth in 47 C.F.R. � 24.839(d)), and afford an exception from 395 affiliation for concerns owned by Alaska Native Corporations and Indian Tribes (as set forth in 47 C.F.R. � 24.720(l)(11)(i)). DigiVox contends that the Commission should limit to 98 the total 396 number of WCS licenses for which any party may take advantage
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/ex970821.html http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/ex970821.wp
  • Ofc. of Cmsr. Quello Ofc. of Cmsr. Chong Cmsr. Ness Cmsr. Chong Secretary CC 97-137 InterLata Services in Michigan 8/14 European Public Telecommunications Network Operators' Association International Bureu IB 97-142 Rules and Policies on Foreign Participation 8/14 Bell Atlantic Common Carrier Bureau CC 97-149 1997 Annual Access Tariff Filings Non-docket Proceedings 8/13 Patton Boggs, L.L.P. Wireless Telecommunications Bureau Rule Section 24.709(b)(7) 8/14 Personal Communications Industry Association Common Carrier Bureau Wireless Telecommunications Bureau CCBPol No. 97-9 et al. 8/14 AT&T Common Carrier Bureau Ofc. of General Counsel CCBPol 96-14 8/14 AirTouch Communications, Inc. et al. Common Carrier Bureau CCB/CPD 97-24 8/14 Adelphia Communications Corporation et al. Common Carrier Bureau CCB/CPD 97-30 8/14 Sprint Secretary I-S-P-95-002 8/14 EchoStar Chairman Hundt International Bureau 91-SAT-TC-97
• http://www.fcc.gov/Bureaus/Wireless/News_Releases/2000/nrwl0015.doc http://www.fcc.gov/Bureaus/Wireless/News_Releases/2000/nrwl0015.html http://www.fcc.gov/Bureaus/Wireless/News_Releases/2000/nrwl0015.txt
  • Current License Grouping for Bidding in the Auction: The FCC tentatively concludes to retain BTA service areas and a license-by-license simultaneous multiple-round bidding design for Auction No. 35. Clarify the Grandfather Exception: The FCC invites comment in this proceeding on a number of issues raised by parties seeking reconsideration of the grandfather exception to the eligibility rules, contained in Section 24.709(b)(9)(i). On the issue of how the exception applies in a merger situation, the FCC tentatively concludes that when each of the merging entities is eligible for the ``grandfather'' exception, the exception extends to the resulting entity, but that when one (or more) of the merging entities is not eligible for the ``grandfather'' exception, the exception does not extend to the
• http://www.fcc.gov/Bureaus/Wireless/News_Releases/2000/nrwl0028.doc http://www.fcc.gov/Bureaus/Wireless/News_Releases/2000/nrwl0028.html http://www.fcc.gov/Bureaus/Wireless/News_Releases/2000/nrwl0028.txt
  • Tier 1; one of the three reconfigured 10 MHz C block licenses in Tier 2; all 15 MHz C block licenses in Tier 1; all F block licenses; all C block licenses available but unsold in Auction No. 22. ( License grouping. Rejects Nextel's proposal to license by bulk bidding. ( ``Grandfather'' exception. Clarifies an applicant's eligibility for the Section 24.709(b)(9)(i) C block ``grandfather'' exception after it has been involved in a merger, acquisition, or other business combination, as follows: (1) When each of the combining entities is individually eligible for the ``grandfather'' exception, the exception will extend to the resulting entity; (2) When one or more of the combining entities is not individually eligible for the grandfather exception, the resulting
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • recently, in 64 the Part 1 Third Report and Order, we required all applicants for licenses or for consent to assignment or Federal Communications Commission FCC 98-25 Part 1 Third Report and Order at � 80. See 47 C.F.R. � 1.2112(a). 65 See 47 C.F.R. � 20.6. 66 See, e.g., 47 C.F.R. � 22.942. 67 See, e.g., 47 C.F.R. � 24.709. 68 See 47 U.S.C. � 310(b)(3), (4); 47 C.F.R. � 20.5. 69 Id. 70 See proposed rule 47 C.F.R. �� 1.913(2), 1.919. For common carriers, this Form will supersede the Form 430 71 Licensee Qualification Form. 18 transfer of licenses in auctionable services to provide specific ownership information with either their short- form or long-form application.65 43. Discussion. These various
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00197.doc
  • Current License Grouping for Bidding in the Auction We tentatively conclude that we will retain BTA service areas and a license-by-license bidding design for Auction No. 35. Clarify the Grandfather Exception We invite comment in this proceeding on a number of issues raised by parties seeking reconsideration of the grandfather exception to the eligibility rules, which is provided in Section 24.709(b)(9)(i). On the issue of how the exception applies in a merger situation, we tentatively conclude that when each of the merging entities is eligible for the ``grandfather'' exception, the exception extends to the resulting entity, but that when one (or more) of the merging entities is not eligible for the ``grandfather'' exception, the exception does not extend to the resulting
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • 11 FCC Rcd 1463 (1995). Overlay licenses are found in the following services: 800 MHz SMR, Paging and Radio Telephone Service, 39 GHz Service, and 24 GHz Service. 47 C.F.R. � 90.210. See 47 C.F.R. � 22.912 (consent); 47 C.F.R. � 90.621(b)(4) (short-spacing). See, e.g., 47 C.F.R. � 90.210. See 47 C.F.R. � 1.929. See, e.g., 47 C.F.R. �� 1.2110; 24.709. These include foreign ownership restrictions pursuant to Section 310 of the Communications Act and the Commission's rules. 47 U.S.C. � 310. See, e.g., 47 C.F.R. � 90.35. While commercial radio providers offer communications services as their end product, private land mobile wireless licensees use radio as a tool to enhance the safety and/or efficiency of their non-communications businesses. This difference
• http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.wp
  • on average. We therefore conclude that the options we adopt today will not apply to F block licensees. Federal Communications Commission FCC 97-342 44 See 47 U.S.C. � 309(j)(3)(A)-(E). Any party holding a C block license as of the January 15, 1998 election deadline will be permitted to elect any of the options we adopt. 45 See 47 C.F.R. � 24.709. 14 IV. SECOND REPORT AND ORDER 21. As discussed above, we require that C and F block licensees resume their Note payments on March 31, 1998. They will also be required to pay on that date one-eighth of the Suspension Interest, and thereafter, pay one-eighth of the Suspension Interest with each regular installment payment made until the Suspension Interest is
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • competitive concerns that have caused Webcel to seek a further examination of the soundness of the convertible interest rule promulgated in Section 101.1003(e)(5) of the Commission's Rules.129 We conclude, however, that our treatment of convertible interests in our ownership attribution rules would benefit from a Federal Communications Commission FCC 98-15 130 Webcel Petition at 22 n.48, citing 47 C.F.R. � 24.709(b)(7). 131 Second Report and Order, 12 FCC Rcd at 12676 (para. 311); 47 C.F.R. Part 1, Subpart Q. 132 47 C.F.R. � 1.2110(a)(4). 133 Alliance Petition; RTG Petition at 2-11. 134 Second Report and Order, 12 FCC Rcd at 12625-26 (paras. 179-181). PAGE 38 more comprehensive examination. The examination should include an evaluation of the criteria for implementing such rules
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.wp
  • 12 FCC Rcd at 16,462 para. 54. 167 Comment is sought on this issue in the Further Notice, 12 FCC Rcd at 16,474 para. 84. 168 NextWave Petition at 20; accord Duluth PCS, et al. Opposition at 4-5; Polycell Opposition at 4-5; cf. AmeriCall Opposition at 7-8 (arguing that the 10 percent control group institutional investor rule, 47 C.F.R. � 24.709(b)(5)(i)(C), and the 25 percent nonattributable ownership limit, 47 C.F.R. � 24.709(b)(3)(i), should be eliminated because they unnecessarily restrict access to capital from noncontrolling investors). Comment is sought on this issue in Part 1 Third Report and Order; see also Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000279.doc
  • KNLF882, KNLG279, KNLG280 and KNLG281, FCC File No. 000002035; Application of Leap Wireless International, Inc. for Authorization to Construct and Operate 36 Broadband PCS C Block Licenses, FCC File No. 0000012974, Memorandum Opinion and Order, 14 FCC Rcd 11827 (1999) (``Leap MO&O''). See also Carolina PCS I Limited Partnership Application for Review, filed August 23, 1999. See 47 C.F.R �� 24.709(a)(1) and (b)(2). (continued....) Federal Communications Commission Federal Communications Commission DA 00-279 � � @& 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.txt
  • similar issues with regard to the eligibility of Royal and Southwest, each of which based its eligibility on the underlying eligibility of TeleCorp, to hold C and F block PCS licenses. Leaco and Comanche County argue that the Zuma, Poka Lambro, and Denton County applications should be denied because: (1) neither Royal nor Southwest meets the eligibility criteria of section 24.709 of the Commission's rules as of the filing of the assignment applications; (2) neither Royal nor Southwest holds other C or F block licenses or falls within the grandfather provision of section 24.839(a)(2) of the Commission's rules; (3) the assignment agreement gives Poka Lambro a prohibited reversionary interest in the license; and (4) the Zuma to Royal and the Denton
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00053.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00053.txt
  • Authorizations, Public Notice, DA 99-1634 (rel. Aug. 16, 1999) (``Acceptance Notice''). Applications of VoiceStream Wireless Corporation, VoiceStream Wireless Holding Company, and Omnipoint Corporation for Transfer of Control, File No. 0000016501 (lead application), filed July 15, 1999, Attachment 1 (Description of the Transaction and Public Interest Considerations) to Form 603 at 1, 6 (``VoiceStream/Omnipoint Public Interest Statement''). See 47 C.F.R. �� 24.709, 27.209. VoiceStream/Omnipoint Public Interest Statement at 1. Id. at 6. Id. at 1. Id. at 4. Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. � 1601 et seq.). Applications
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00054.doc
  • small businesses and other "designated entities" in the provision of spectrum-based services, the Commission limited eligibility for C and F block broadband PCS licenses in Auctions No. 5, 10, and 11 to "entrepreneurs." The Commission considers entrepreneurs, with regard to the C and F blocks, to be those entities that can meet the auction and licensing eligibility requirements of Section 24.709 of the Commission's rules. The principal requirement is as follows: No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues of less than $125 million in each
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • placed on Guard Band Managers, we anticipate collecting this information electronically, through our Universal Licensing System. The specific information that Guard Band Managers will provide and the procedures that Guard Band Managers will follow in making this annual report will be announced in a subsequent Public Notice to be issued by the Wireless Telecommunications Bureau. See, e.g., 47 C.F.R. � 24.709(d). 700 MHz First Report and Order at para. 75. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00269.doc
  • $125 million and total assets of less than $500 million at the time it filed its applications. CWD's determination of Leap's eligibility was based upon a finding that Leap met the Publicly Traded Corporation Exception (``PTC Exception''), pursuant to which the gross revenues and assets of QUALCOMM Incorporated (``QUALCOMM'') are not attributable to Leap in calculating its eligibility under section 24.709(a)(1). In finding Leap qualified under the PTC Exception, CWD analyzed the relationship between Leap and QUALCOMM, including several agreements entered into by Leap and QUALCOMM pursuant to the Spin-Off Transaction. CWD concluded that no party, including QUALCOMM, holds more than 15 percent of Leap's equity, finding that ``based on the structure created by the Warrant and the Agreement Concerning Share
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • � 28. Second Notice, 13 FCC Rcd at 477, � 185 and Appendix E at 534-536 (proposed revision to 47 C.F.R. � 1.2110). Second Notice, 13 FCC Rcd at 477, � 183. Id. at 477, � 185. Id. at 477-478, � 185. Id. at 478, � 186. See 47 C.F.R. � 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. � 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz service); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, � 9, (1994) ("Ellis Thompson"), in which the Commission identified the following
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc
  • provision of spectrum-based services, the Commission originally limited eligibility for C and F block PCS licenses to "entrepreneurs" and adopted special provisions for those blocks to assist small and women- and minority-owned businesses. The Commission considers entrepreneurs, with regard to the C and F blocks, to be those entities that can meet the auction and licensing eligibility requirements of Section 24.709 of the Commission's rules. The principal requirement is set forth in Section 24.709(a)(1), as follows: No application is acceptable for filing and no license shall be granted for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have gross revenues of less
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
  • Tier 1; one of the three reconfigured 10 MHz C block licenses in Tier 2; all 15 MHz C block licenses in Tier 1; all F block licenses; all C block licenses available but unsold in Auction No. 22. License grouping. We reject Nextel's proposal to license by bulk bidding. ``Grandfather'' exception. We clarify an applicant's eligibility for the Section 24.709(b)(9)(i) C block ``grandfather'' exception after it has been involved in a merger, acquisition, or other business combination, as follows: When each of the combining entities is individually eligible for the ``grandfather'' exception, the exception will extend to the resulting entity. When one or more of the combining entities is not individually eligible for the grandfather exception, the resulting entity will
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990482.pdf
  • any changes to the license inventory, bidders will be informed by Public Notice. We note, however, that Leap Wireless International, Inc., ("Leap") is listed as a qualified bidder only conditionally, 2 until resolution of a pending assignment application filed by a subsidiary of Leap and AirGate Wireless, L.L.C., which will determine Leap's eligibility as an entrepreneur under 47 C.F.R. � 24.709(a). The Wireless Telecommunications Bureau reserves the right to reject Leap's short-form application (FCC Form 175) and find Leap not qualified to bid with respect to any C or F block licenses in Auction No. 22 based on that determination. PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, S.W. WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet:
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000145.doc
  • Content-Transfer-Encoding: 8bit DA 00-145 January 31, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON SBC COMMUNICATIONS INC.'S REQUEST FOR WAIVER OF THE ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE UPCOMING PCS C AND F BLOCK AUCTION Comment Date: February 10, 2000 Reply Date: February 15, 2000 SBC Communications Inc. (``SBC'') has filed a request for waiver of the eligibility requirements under Section 24.709 of the Commission's rules to allow it to participate in the PCS C and F block auction scheduled to begin on July 26, 2000. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. SBC requests a waiver under Section 1.925 of the Commission's
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000191.doc
  • Comment Date: February 14, 2000 Reply Date: February 22, 2000 Nextel Communications, Inc. (``Nextel'') has filed a petition requesting expedited rulemaking under Section 1.401, or in the alternative, waiver of the Commission's rules under Sections 1.3 and 1.925. Nextel seeks modification or waiver of the Commission's eligibility and bidding rules with respect to PCS C and F block spectrum. Section 24.709 of the Commission's rules restricts the eligibility for C and F block licenses to entities with total assets and gross revenues below specified levels. Nextel requests that the Commission allow companies other than such entities to participate in the upcoming C and F block auction. In addition, Nextel urges the Commission to auction one block of spectrum at the end
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000318.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000318.html http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000318.txt
  • For further information, contact Dan Connors of the Commercial Wireless Division at (202) 418-2109. By the Chief, Wireless Telecommunications Bureau -FCC- AT&T Wireless Services, Inc., Petition For Waiver And Expedited Action, filed February 15, 2000; BellSouth Corporation, Petition For Waiver And Expedited Action, filed February 17, 2000. BellSouth's petition also requests a waiver of the Commission's eligibility requirements under Section 24.709 of the Commission's rules to permit BellSouth to participate in the July 26, 2000 C and F block auction. This request will be considered in connection with the Public Notices released by the Wireless Telecommunications Bureau seeking comment on a request to waive the eligibility requirements for participation in the upcoming C and F block auction. See ``Wireless Telecommunications Bureau
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000504.doc
  • Participation in the Upcoming PCS C and F Block Auction,'' Public Notice, DA 00-145 (rel. January 31, 2000). See Part 1 Order, 12 FCC Rcd at 5697-98, � 16 (1997); see also Part 1 Third Report and Order, 13 FCC Rcd at 425, � 86. C Block Fourth Report and Order at 15761-62, � 34, see 47 C.F.R. ��1.2105(a)(2)(xi) and 24.709(a)(5). See 47 C.F.R. � 1.2104(i). See Balanced Budget Act, Section 3002(a). The Commission's authority to establish a reserve price or minimum opening bid is set forth in 47 C.F.R. � 1.2104(c) and (d). See Part 1 Third Report and Order, 13 FCC Rcd at 454-455, � 141 (1998). See, e.g., Auction of 800 MHz SMR Upper 10 MHz Band, Minimum
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000760.doc
  • Public Notice, DA 00-504 (rel. March 3, 2000). See, e.g., Comments of AT&T Wireless Services, Inc. at 3, filed February 22, 2000; Comments of GTE at 6, filed February 22, 2000; Reply Comments of Nextel Communications, Inc. at 31, filed March 1, 2000. See also Petition of SBC Communications Inc. for Waiver of the Eligibility Requirements of 47 C.F.R. Section 24.709 for the PCS C and F Block Auction and for Expedited Action, filed January 21, 2000 (seeking expedited consideration of request to waive eligibility rules in Auction No. 35 to facilitate their preparation for that auction). See 47 C.F.R. � 0.331 (authority delegated to Wireless Telecommunications Bureau); 47 C.F.R. � 1.3 (suspension, amendment, and waiver of Commission Rules). See also
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002038.doc
  • Rcd 6079 (2000). For C and F block auction eligibility purposes, ``entrepreneurs'' are applicants that, including attributable investors and affiliates, have had gross revenues of less that $125 million in each of the last two years and have total assets of less than $500 million at the time of the applicant's short-form auction application (FCC Form 175). 47 C.F.R. � 24.709(a). But note that, pursuant to 47 C.F.R. � 24.709(b)(9)(i), any entity that was eligible for and participated in either of the first two C block auctions (Auction No. 5 or Auction No.10), will be eligible to bid in C block spectrum auctions that begin within two years of the start of Auction No. 22, March 23, 1999. See Amendment of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • its affiliates, persons or entities that hold interests in the applicant, and their affiliates, have combined total assets of less than $500 million and have had combined gross revenues of less that $125 million in each of the last two years. Applicants that can make this showing qualify as ``entrepreneurs'' for purposes of C and F block auctions. See Section 24.709 of the Commission's Rules. Grandfather exception. Qualified applicants that were eligible for and participated in Auction No. 5 or 10 may bid on closed C block licenses in any auction that begins on or before March 23, 2001, even if their total assets and gross revenues exceed the financial caps for auction participation as an entrepreneur. This exception does not
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970130.html
  • waiver of Secs. 24.720(f) and (g) of the FCC's rules to the extent that those rules require the submission of audited financial statements for the preceeding two years. Action by Chief, Commercial Wireless Division, WTB. Adopted: January 28, 1997. by Order. (DA No. 97-191). WTB Internet URL: [17]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970191.txt PERSONAL COMMUNICATION NETWORK INC. ("PCN"). Granted PCN's request for waiver of Sec. 24.709(c)(2)(i) of the FCC's rules to the extent it requires applicants to report each affiliate's revenues separately. Action by Chief, Commercial Wireless Division, WTB. Adopted: January 29, 1997. by Letter. (DA No. 97-193). WTB Internet URL: [18]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970193.txt ADDENDA: The following items, released January 28, 1997, did not appear in Digest No. 18: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 1922.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980918.html
  • - 941.5 MHz bands, which were filed in anticipation of the Commission awarding licenses for these channels through random selection of lottery. Dkt No.: WT-97-81. Action by Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: September 17, 1998. by Order. (DA No. 98-1889). WTB Internet URL: [31]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981889.wp REQUEST FOR LETTER RULING REGARDING APPLICATION OF 47 C.F.R. SECTION 24.709(B)(7) LETTERS TO CHERYL A. TRITT, ESQ. & MICHAEL K. KURTIS, ESQ. Responded to request for letter ruling filed on behalf of DiGiPH PCS, Inc. regarding a proposed modification to a financing arrangement between DiGiPH and its foreign lender. Action by Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau. by Letter. (DA No. 98-1888). WTB Internet URL: [32]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981888.wp AMENDMENT OF
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000914.html
  • No.: WT- 99-168. Action by Chief, Policy Division, Wireless Telecommunications Bureau. Adopted: September 13, 2000. by Errata. (DA No. 00-2094). WTB IMPLEMENTATION OF SECTION 309(J) OF THE COMMUNICATIONS ACT - COMPETITIVE BIDDING. Adopted Order on Reconsideration addressing petitions for reconsideration of the Competitive Bidding Fifth Memorandum Opinion and Order and the DEF Report and Order and reinstating provisions of Section 24.709 regarding C and F block broadband Personal Communications Services spectrum. Dkt No.: PP- 93-253, WT- 96-59, GN- 90-314. Action by the Commission. Adopted: August 11, 2000. by Order. (FCC No. 00-299). WTB Internet URL: [14]http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc ADDENDA: The following items, released September 13, 2000, did not appear in Digest No. 176: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC CONCLUDES CUSTOMERS FOR
• http://www.fcc.gov/DiversityFAC/041004/DavidHonig100604-com.pdf
  • the Advancement of Colored People, National Association of Black Owned Broadcasters, National Association of Black Telecommunications Professionals, National Coalition of Hispanic Organizations, and the National Urban League. These Comments reflect the institutional views of each of the DE Supporters and are not intended to reflect the views of any of their individual members, directors or advisors. 2/ See 47 C.F.R. �24.709(a) (discussed in the Auction 58 PN, p. 2 and ns. 3-5). -2- Pub. L. No. 103-66, Title VI, �6002(b), 107 Stat. 312 (1993), codified at 47 C.F.R. �309(j)(3). The Designated Entity Program for Personal Communications Services ("PCS") licenses, in its present form, was reaffirmed in Installment Payment Financing for PCS Licenses, Sixth R&O and Order on Reconsideration, 15 FCC Rcd
• http://www.fcc.gov/DiversityFAC/041004/DavidHonig100604-opp.pdf
  • 15 FCC Rcd 16266 � 1; FCC Revises Rules For Upcoming C and F Block Auction: The Rapid Deployment of Wireless Services, FCC News Release (rel. Aug. 25, 2000). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS), Order on Reconsideration, 16 FCC Rcd 1343, 1345 � 6 (2001); 47 C.F.R. �� 24.229(b), 24.709(a). \\\DC - 90334/9755 - 1969144 v1 CERTIFICATE OF SERVICE I, David Honig, hereby certify that I have this 30th day of July, 2004 caused a copy of the foregoing "Opposition of Designated Entity Program Supporters" to be delivered by e-mail to the following: Diane Cornell, Esq. Vice President, Regulatory Policy CTIA 1400 16th Street N.W. Washington, D.C. 20006 David Honig
• http://www.fcc.gov/DiversityFAC/041004/DavidHonig100604-reply.pdf
  • for Civil Rights Under the Law, National Association for the Advancement of Colored People, National Associations of Black Owned Broadcasters and the National Urban League. These Reply Comments reflect the institutional views of each of the DE Supporters and is not intended to reflect the views of any of their individual members, directors or advisors. 2 / See 47 C.F.R �24.709(a). 3 / See e.g., Highland Cellular Comments at 1; McBride and Reiter Comments at 1; Coloma Spectrum, LLC Comments at 1. 2 the auction without the DE set-asides. 4/ As Doyon, Limited stated, "lack of access to capital is the dominant barrier to entry in the capital-intensive wireless industry" and the consistency of the DE rules helps small businesses acquire
• http://www.fcc.gov/DiversityFAC/041004/JuliaJohnson.html
  • is intended to strengthen the effect of our recommendation in such a way that it includes Auction 58 specifically but yet is broad enough to cover all auctions. I offer the following language for your consideration. Draft Resolution Supporting Retention of Designated Entity Rules Whereas: The Commissions Designated Entity (DE) rules, including the broadband PCS C-Block spectrum set-aside, 47 C.F.R. 24.709, were developed to satisfy the Commissions obligations under Section 309(j) of the Communications Act to provide small and minority and women-owned businesses (Entrepreneurial Companies) with meaningful access to the spectrum needed to provide wireless services; The often times capital-intensive nature of communications businesses and the difficulties experienced by Entrepreneurial Companies in accessing capital make it virtually impossible for Entrepreneurial Companies
• http://www.fcc.gov/DiversityFAC/041004/auction58-proposal.doc http://www.fcc.gov/DiversityFAC/041004/auction58-proposal.pdf
  • Committee's mandate, it is incumbent upon the Diversity Advisory Committee to take a strong and principled position against any further erosion of the FCC's C-Block rules, including the current C-Block spectrum set-aside. Draft Resolution Supporting Retention of C-Block Eligibility Rules for Auction 58 Whereas: The Commission's Designated Entity (``DE'') rules, including the broadband PCS C-Block spectrum set-aside, 47 C.F.R. � 24.709, were developed to satisfy the Commission's obligations under Section 309(j) of the Communications Act to provide small and minority and women-owned businesses (``Entrepreneurial Companies'') with meaningful access to the spectrum needed to provide wireless services; The capital-intensive nature of broadband PCS and the difficulties experienced by Entrepreneurial Companies in accessing capital make it virtually impossible for Entrepreneurial Companies to secure
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/AdoptedDesignatedEntityRuleRecommend.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Draft Resolution Supporting Retention of Designated Entity Rules Whereas: The Commission's Designated Entity (``DE'') rules, including the broadband PCS C-Block spectrum set-aside, 47 C.F.R. � 24.709, were developed to satisfy the Commission's obligations under Section 309(j) of the Communications Act to provide small and minority and women-owned businesses (``Entrepreneurial Companies'') with meaningful access to the spectrum needed to provide wireless services; The often times capital-intensive nature of communications businesses and the difficulties experienced by Entrepreneurial Companies in accessing capital make it virtually impossible for Entrepreneurial Companies
• http://www.fcc.gov/DiversityFAC/docs/letteroct4.doc http://www.fcc.gov/DiversityFAC/docs/letteroct4.pdf
  • create these innovative yet practical solutions. If you have any questions, please contact myself, Linda Blair or Maureen C. McLaughlin for more information. Sincerely, Julia Johnson, Chairman, Federal Advisory Committee on Diversity in the Digital Age Resolution Supporting Retention of Designated Entity Rules Whereas: The Commission's Designated Entity (``DE'') rules, including the broadband PCS C-Block spectrum set-aside, 47 C.F.R. � 24.709, were developed to satisfy the Commission's obligations under Section 309(j) of the Communications Act to provide small and minority and women-owned businesses (``Entrepreneurial Companies'') with meaningful access to the spectrum needed to provide wireless services; The often times capital-intensive nature of communications businesses and the difficulties experienced by Entrepreneurial Companies in accessing capital make it virtually impossible for Entrepreneurial Companies
• http://www.fcc.gov/Forms/Form175/175.pdf
  • applicant's other media of mass communications in accordance with 47 C.F.R. �� 73.5007 & 73.5008. Item 11. Entrepreneur Eligibility. If bidding in a wireless auction, place an [X] in the box preceding the Entrepreneur Eligibility, if appropriate. This will signify that the applicant is qualified to bid in an entrepreneur block auction. For the rules concerning eligibility, see 47 C.F.R. 24.709. Item 12. Facilities for which you want to bid. If bidding for wireless licenses, use Schedule A. If bidding for broadcast construction permits, use Schedule B. In addition, see the specific instructions for Schedules A and B. Item 13. Exhibits. If exhibits are attached to the application, check the box provided and indicate the number of exhibits. List in an
• http://www.fcc.gov/eb/Orders/2007/DA-06-2358A1.html
  • personnel as to the need, if any, for Newcomm to apply for and receive F See Consent Decree, Attachment A, infra. See 47 U.S.C. S 310(d). See 47 U.S.C. SS 154(i). See 47 C.F.R. SS 0.111, 0.311. See Attachment A. See 47 U.S.C. S 310(d). 47 C.F.R. SS 1.2110, 1.2111. See 47 U.S.C. SS 151 et seq. See 47 C.F.R. SS24.709, 24.711. Section 1.2111(c) of the Commission's rules requires participants in the Commission's installment plan to pay the balance of any outstanding loans as a condition for approval of the transfer or assignment of the licenses associated with the loans. See 47 C.F.R. SS1.2110, 1.2111. Newcomm's PCS licenses, KNLF736 and KNLF746, are Auction 5 C-block licenses that were granted to ClearComm
• http://www.fcc.gov/mb/peer_review/prrespstudy4a.pdf
  • Newshole 64.075 13.759 7.837 94.514 Pages per Section 12.063 6.875 1 66 Amounf of News 949.576 535.608 88.7506160.750 Wednesday Newshole 55.774 15.680 21.197 97.645 Pages per Section 14.740 7.590 1 51 Amounf of News 1015.467 469.870 120.7503270.250 Thursday Newshole 54.495 14.224 18.142 94.729 Pages per Section 16.349 8.900 2 78 Amounf of News 1063.889 526.588 88.8754900.250 Friday Newshole 55.571 12.966 24.709 94.703 Pages per Section 16.275 7.489 1 46 Amounf of News 967.447 602.808 109.5006004.500 Saturday Newshole 59.281 16.844 22.404 94.065 Pages per Section 14.304 8.123 2 48 Amounf of News 1194.366 525.199 553996.500 Sunday Newshole 50.103 13.200 16.993 94.767 Pages per Section 20.004 8.255 1 48 IV-22 Table IV.4 News by Media Cross-Ownership Cross-Ownership Measure of News Obs Mean Std.
• http://www.fcc.gov/ogc/documents/opinions/1999/99-5063.html
  • not with the FCC's decision that a bid price was insufficient but with the FCC's determination that the licensee was ineligible for a "pioneer's preference" and thus had to pay for its license. See id. at 1408-09. The case is inapposite. NextWave knew about the statutory criteria for approval before the bidding began. See 47 C.F.R. 310(b)(4) (1991); 47 C.F.R. 24.709, 24.712, 24.720 (1996). In the event, the only obstacle to closing encountered by NextWave was its own non-compliance with the foreign ownership requirements. NextWave's willingness to bid notwithstanding the undisputed fact that non-compliance would prevent delivery of the Licenses and compel NextWave to insure the government against a lower high bid at re-auction demonstrates that NextWave assumed the risk of
• http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
  • companies, and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services." 47 U.S.C. 309(j)(4)(D); see 47 U.S.C. 309(j)(3)(B). To further this directive, the FCC reserved the C and F-blocks of the electromagnetic spectrum [1]^(1) for auction to small, entrepreneurial companies referred to as "designated entities." See 47 C.F.R. 24.709 (1995). The C-block auction began in December 1995 and ended on May 6, 1996. On December 18, 1995, GWI made the initial payment of approximately $53 million to qualify GWI PCS, a subsidiary of GWI, to bid at the C-block auction.[2]^(2) At the conclusion of the C-block auction, GWI PCS was the high bidder for fourteen PCS licenses, covering areas
• http://www.fcc.gov/ogc/documents/opinions/2003/01-653.pdf
  • 68 (1994). In accordance with ��309(j)(3)(B) and (4)(A), it restricted participation in two of the six auction blocks (Blocks �C� and �F�) to small businesses and other designated entities with total assets and revenues below certain levels, and it allowed the successful bidders in these two blocks to pay in install- ments over the term of the license. 47 CFR �24.709(a)(1) (1997). Respondents NextWave Personal Communications, Inc., and NextWave Power Partners, Inc. (both wholly owned subsidiaries of NextWave Telecom, Inc., and hereinafter jointly referred to as respondent NextWave), participated, respectively, in the FCC�s �C-Block� and �F-Block� auc- tions. NextWave was awarded 63 C-Block licenses on winning bids totaling approximately $4.74 billion, and 27 F-Block licenses on winning bids of approximately $123
• http://www.fcc.gov/transaction/att-cingular.html
  • [100]Exhibits Background Designated Entity And Entrepreneurial Eligibility Issues AWS and Cingular state that this transaction will include the transfer of C and F Block PCS licenses to AWP. The Commissions rules state that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other things, [t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. AWS and Cingular state that five-year build-out notifications have been filed for all the C and F block licenses implicated
• http://www.fcc.gov/transaction/attwireless-telecorp.html
  • Designated Entity And Entrepreneurial Eligibility Issues TeleCorp and AT&T Wireless state that this transaction will include the transfer of C and F Block PCS licenses to AT&T Wireless. The Commissions Rules state that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other instances, [t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. TeleCorp and AT&T Wireless state that five-year build-out notifications have been filed for all of the C and F block
• http://www.fcc.gov/transaction/attwireless-telecorp/da012608.pdf
  • ENTITY AND ENTREPRENEURIAL ELIGIBILITY ISSUES TeleCorp and AT&T Wireless state that this transaction will include the transfer of C and F Block PCS licenses to AT&T Wireless. The Commission's Rules state that "[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of � 24.709 will be granted," except when, among other instances, "[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to � 24.203(c) that its five-year construction requirement has been satisfied."11 TeleCorp and AT&T Wireless state that five-year build-out notifications have been filed for all of the C and F
• http://www.fcc.gov/transaction/aws-cingular.html
  • license in Kauai. Designated Entity and Entrepreneurial Eligibility Issues The parties state that this transaction will include the assignment of C and F Block PCS licenses to Cingular. The Commissions Rules state that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other things, [t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. The parties state that the five-year build-out notifications have been filed for all of the C and F block licenses
• http://www.fcc.gov/transaction/newcomm-tem.html
  • by TEM, and ultimately, through Mviles, by Telefnica. ClearComm and TEM state that this transaction will include the transfer of C and F Block PCS licenses to TEM. The Commissions Rules state that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other instances, [t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. ClearComm and TEM state that five-year build-out notifications have been filed for all of the wireless licenses implicated in the
• http://www.fcc.gov/transaction/telecorp-tritel/leaco2_reply082800.pdf
  • Bennet Gregory W. Whiteaker Bennet & Bennet, PLLC 1000 Vermont Avenue, NW Tenth Floor Washington, DC 20005 (202) 371-1500 Their Attorneys Dated: August 4, 2000 ii TABLE OF CONTENTS SUMMARY...................................................................................................................................iii I. BACKGROUND AND STATEMENT OF INTEREST...................................................1 II. ARGUMENT.....................................................................................................................3 A. ROYAL IS NOT ELIGIBLE TO ACQUIRE C BLOCK LICENSES FROM ZUMA..........................................................................................................................3 1. Royal Does Not Meet the Eligibility Criteria of ? 24.709 as of the Filing Of the Transfer Applications............................................................................4 2. Royal Does Not Hold Other C or F Block Licenses and Does Not Fall Within the Grandfather Provision of ? 24.839(a)(2).......................................7 B. THE TRANSFER APPLICATIONS FAIL TO SATISFY THE TRANSFER DISCLOSURE REQUIREMENTS OF ? 1.2111(a)...........................................10 III. CONCLUSION................................................................................................................11 iii SUMMARY By the filing of the above-referenced Transfer Applications, the parties seek consent
• http://www.fcc.gov/transaction/telecorp-tritel/leaco_oppstrike091400.pdf
  • submit additional information. See 47 U.S.C. ?? 308 (b) & 309 (a). 7 With respect to Applicants' argument that Petitioners' pleading is "late-filed," Petitioners also note that they filed the Petitions attached to the Reply Comments on August 4, 2000, and served copies on TeleCorp's counsel. Accordingly, both TeleCorp and the FCC were fully aware of Petitioners' arguments regarding ?? 24.709 and 24.839 well in advance of the August 16, 2000 deadline for filing petitions in this merger proceeding. Petitioner's August 28, 2000 Reply Comments presented no new arguments not previously presented in the Petitions. 8 Joint Opposition p. 12 (citing Nextel Comments/Petition at 7 n. 17, add'l footnote omitted); see also id. pp. 15-16. Nextel specifically argued that TeleCorp and
• http://www.fcc.gov/transaction/telecorp-tritel/leaco_reply082800.pdf
  • serious questions regarding the eligibility of TeleCorp, its affiliates and the proposed merged entity to hold C and F block Personal Communication Services ("PCS") licenses. Nextel argues, inter alia, that TeleCorp's assets may currently exceed the applicable $500 million cap and that TeleCorp and/or the new merged entity may fail to satisfy the control group minimum equity requirements of ? 24.709 (b) (5) of the Commission's Rules. See Nextel Comments/Petition pp. 2-5. Nextel also argues that TeleCorp and Tritel have failed to 2 demonstrate that the new merged entity qualifies to acquire C and F block licenses pursuant to ? 24.839 (a) (2) either on its own pursuant to ? 24.709 or as a proposed assignee that currently holds other C
• http://www.fcc.gov/transaction/voicestream-cook/da002820.doc http://www.fcc.gov/transaction/voicestream-cook/da002820.pdf
  • or transfers when issues regarding the licensee's basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. See In re applications of AirTouch Communications, Inc. and Vodafone Group, Plc, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413237 at �� 5-9 (WTB rel. June 22, 1999). See 47 C.F.R. �� 24.709, 24.839. As discussed below, we defer WITCO's arguments relating to the proposed acquisition of VoiceStream by DT to IB Docket No. 00-187. See VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347-50, at �� 13-20; VoiceStream/Aerial Order, 15 FCC Rcd at 10,094-10,096, �� 10-16. Section 8149 of the Defense Appropriations Act states: ``[a]n Alaska Native regional corporation organized pursuant to the Alaska