FCC Web Documents citing 24.711

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

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  • 16730-33, �� 8-14 (relying upon, inter alia, Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) (``Metricom Waiver Order'') (granting two-day waiver of payment deadline, because delay was caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) (``SCS Waiver Order'') (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur.
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  • 18, 2000) (listing ``Upper Band Licenses to be Auctioned'' at the end of Attachment A). This conclusion is also true for the withdrawal payment that may be owed with respect to EA 173B. Supra, n. 3. Grand Connectivity Order, 14 FCC Rcd. at 13946 (� 6). In the Matter of Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25) (1998). Id. The Auctions and Industry Analysis Division of the Wireless Communications Bureau assessed a three percent default deposit in another case as well. See In the Matter of C.H. PCS,
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  • Financing For Personal Commun-ications (PCS) Licensees, Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Second Order on Reconsideration of the Second Report and Order, 14 FCC Rcd. 6571, 6581, n.66 (� 17)(1999). Grand Connectivity Order, 14 FCC Rcd. at 13946 (� 6). Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). Id.; see also C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). We are simultaneously releasing an order denying Metro-Trak's request for an extension of payment deadline for
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  • C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R � 1.2106(e). See "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, 11 FCC Rcd. 10853 (WTB: 1996). See Grand Connectivity, Order, 14 FCC Rcd. at 13946 (� 6). See In the Matter of Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). See Appendix A, infra, for calculation on remaining deposit. Id.; see also In the Matter of C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). We are simultaneously
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  • Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, 11 FCC Rcd. 10853 (WTB: 1996). In the Matter of Request for Waiver of Section 1.2104(g) of the Commission's Rules Filed by Grand Connectivity, L.L.C., Order, 14 FCC Rcd. 13943, 13946 (� 6) (WTB: 1999). Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). Id.; see also C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). Federal Communications Commission DA 00-2343 Federal Communications Commission DA 00-2343 > ? � � � ����
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  • "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules: Bureau to Re-Auction Licenses Quickly," Public Notice, 11 FCC Rcd. 10853 (WTB: 1996). In the Matter of Request for Waiver of Section 1.2104(g) of the Commission's Rules Filed by Grand Connectivity, L.L.C., Order, 14 FCC Rcd. 13943, 13946 (� 6)(WTB: 1999). Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). Id.; see also C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). Federal Communications Commission DA 00-2344 Federal Communications Commission DA 00-2344 � � � ���� � &
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  • and Declaratory Ruling Pursuant to Section 310(b)(4) Allowing Indirect Foreign Ownership, Public Notice, DA 00-1461 (rel. July 3, 2000) (``Acceptance Public Notice''). On August 29, 2000, DiGiPH filed an application to assign its international section 214 authorization to Eliska. See infra �� 22-23. 47 C.F.R. �� 24.839(a)(2) and 24.709(a). See Application at Schedule A. Id.; see also 47 C.F.R. �� 24.711(b)(3) (applicants with revenues of less than $40 million in the last two years are eligible for small business financing) and 24.720 (applicants with revenues of less than $40 million in the last two years are eligible for bidding credit as a small business). Application, Exhibit 1 at 2. 47 C.F.R. � 24.709(b)(4)(i). We note that although the Commission adopted a
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  • bidders down payment was delayed by two days because of mistake involving wire transfer); Magnacom Wireless, L.L.C. Request for Waiver of 24.716(a)(2), Order, 13 FCC Rcd 766 (1998) (Magnacom) (Wireless Telecommunications Bureau granted waiver of payment deadline where bidder was eight business days late with payment because of accounting error); Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2), Memorandum Opinion and Order, 12 FCC Rcd 22938 (1997) (Carolina PCS) (Commission granted waiver of payment deadline where funds were available in an escrow account immediately following payment deadline, but not submitted due to investor uncertainty about whether Commission would accept late payment); Cenkan Tower, L.L.C., Order, 12 FCC Rcd 1516 (WTB 1997) (partial waiver granted where failure to pay
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  • amount includes an upfront payment in the amount of $299,000.00 received on December 1, 1995, and the balance of the first down payment in the amount of $1,206,812.50 received on May 15, 1996. PBB347C (Phoenix, AZ). Entrepreneurs' C Block Reauction Closes, Public Notice, DA No. 96-1153 (rel. July 17, 1996) (WTB). C.H. PCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, filed on July 24, 1996. C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 11 FCC Rcd 9343 (1996) (WTB). C.H. PCS, Inc., BTA No. 347, Frequency Block C, Order, 11 FCC Rcd. 22430 (1996) (WTB) ("1996 Payment Order"). Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, to Kenneth Hobbs,
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  • Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau CWB470C4 (West Plains, MO). See Wireless Telecommunications Bureau Announces It Is Prepared To Grant Eleven C and F Block Broadband Personal Communications Services (PCS) Licenses Upon Full and Timely Payment, Public Notice, DA 01-878 (rel. April 6, 2001) (Prepared to Grant Public Notice). Id. at 1. Id. (citing 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2)). 47 C.F.R. � 1.2109(a). Prepared to Grant Public Notice, at 1. For purposes of bidding credits in Auction No. 35, a very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $15 million for the preceding three years. See 47 C.F.R. �� 24.712(b), 24.717(b), 24.720(b). A
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  • Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Bock Licenses in the Cleveland, TN BTA, Memorandum Opinion & Order, FCC 00-433 at � 10 (rel. December 21, 2000) (holding that a failure to appropriately manage business arrangements does not justify waiver of the automatic cancellation rule); BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230, 3235 � 8 (1997) (holding that the failure of a third party to perform its contractual obligation does not constitute a special circumstance justifying a waiver of the down payment default rule). 47 C.F.R. � 0.331. Mr. Lou Ebert July 25, 2001 Washington, DC 20554 J">��PNG D �-~��
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  • prepared to grant the sixty-two (62) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by August 10, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by August 24, 2001), provided that it also pays a late fee equal to five percent of
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  • Stay of Public Notice DA 00-2038, Order, DA 00-2889, � 6 (rel. Dec. 21, 2000). A winning bidder's failure to pay on time and in full may demonstrate that the entity does not have the financial ability to pay for its licenses and deploy services to the public. See, e.g., Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(A)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21,983, 21,992-93, �� 17-18 (1998) (payment rules ensure financial viability of winning bidder and provide an indication of its capability to actually build out its system); 21st Century MO&O, supra note 11, at � 10 (requiring
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  • Notice, 15 FCC Rcd 17,251, 17,255-57 (2000). 47 U.S.C. � 309(j)(3)(A). 47 U.S.C. � 309(j)(3)(D). A winning bidder's failure to pay on time and in full may demonstrate that the entity does not have the financial ability to pay for its licenses and deploy services to the public. See, e.g., Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(A)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21,983, 21,992-93, �� 17-18 (1998) (payment rules ensure financial viability of winning bidder and provide an indication of its capability to actually build out its system); Southern MO&O, supra note 8, at � 11 (requiring winning
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  • prepared to grant the forty-five (45) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by October 5, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by October 22, 2001), provided that it also pays a late fee equal to five percent of
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  • in Basic Trading Areas," Public Notice, DA 96-716 (rel. May 8, 1996). Mountain Solutions also was the high bidder on two broadband PCS C block markets, B089 (Colorado Springs, CO) and B149 (Ft. Collins, CO), in the second C block auction ("Auction No. 10"). "Entrepreneurs' C Block Reauction Closes," Public Notice, 11 FCC Red 8183 (1996). 3 47 C.F.R. � 24.711(aX2) (1996). 18542 Mr. Kurtis, Ms. Stockman, and Ms. Longford October 17, 2001 winning bidder had to bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the auction closed, with the remainder of the down payment (five percent) paid within five business days after the
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  • January 31, 2001. NO ELECTIONS OR CHANGES TO ELECTIONS WILL BE ACCEPTED AFTER 7 P.M. ON THE ELECTION DATE.'') (no emphasis added). See also Southern Communications MO&O, 15 FCC Rcd at 25107, � 10 (holding that a failure to appropriately manage business arrangements does not justify waiver of the automatic cancellation rule); BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230, 3235, � 8 (1997) (holding that the failure of a third party to perform its contractual obligation does not constitute a special circumstance justifying a waiver of the down payment default rule). 47 C.F.R. � 0.331. Mr. Kurt Schueler October 30, 2001 Washington, DC 20554 ? C �
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  • prepared to grant the seven (7) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by November 28, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 12, 2001), provided that it also pays a late fee equal to five percent of
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  • prepared to grant the five (5) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by December 6, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by December 20, 2001), provided that it also pays a late fee equal to five percent of
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  • the applications for the eleven (11) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by April 20, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by May 4, 2001), provided that it also pays a late fee equal to five percent of
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  • prejudice. This action is taken pursuant to authority delegated by Section 0.331 of the Commission's rules, 47 C.F.R. � 0.331. Sincerely, Margaret W. Wiener, Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau The amount due from Mountain Solutions for each license was reduced 25 percent from the high bid by a small business bidding credit. See 47 C.F.R. � 24.711(a)(1) (1996). Mountain Solutions has an outstanding balance of $16,337,825.75 for the Colorado Springs license and $6,100,963.25 for the Ft. Collins-Loveland license. See 47 C.F.R. � 24.711 (1996). Letter order from Margaret Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, to Michael K. Kurtis, Esq. and Jeanne W. Stockman, Esq., Kurtis & Associates, P.C., attorneys for
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  • prepared to grant the fifteen (15) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 18, 2002). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by April 1, 2002), provided that it also pays a late fee equal to five percent of
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  • upfront payments, i.e., the sums an applicant that complies with the short-form application requirements tenders to the Commission before an auction in order to be qualified to bid. The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules, are removed in whole or in part: 21.954; 22.211(a); 22.965(a); 24.706(a), (c); 24.711(a)(1); 24.716(a)(1); 26.206; 27.205; 73.5003(a); 90.807(a); 90.907(a); 90.1011(a); 100.76(a); 101.1105(a); and 101.1205(a). Submission of down and full payments, and filing of long-form applications. Section 1.2107 of the Commission's rules describes the procedures for submitting down and full payments, and filing the long-form application (``FCC Form 601''). The down payment is the sum that the winning bidder(s) must tender to the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • upfront payments, i.e., the sums an applicant that complies with the short-form application requirements tenders to the Commission before an auction in order to be qualified to bid. The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of the Commission's rules, are removed in whole or in part: 21.954; 22.211(a); 22.965(a); 24.706(a), (c); 24.711(a)(1); 24.716(a)(1); 26.206; 27.205; 73.5003(a); 90.807(a); 90.907(a); 90.1011(a); 100.76(a); 101.1105(a); and 101.1205(a). Submission of down and full payments, and filing of long-form applications. Section 1.2107 of the Commission's rules describes the procedures for submitting down and full payments, and filing the long-form application (``FCC Form 601''). The down payment is the sum that the winning bidder(s) must tender to the Commission
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  • supra. As discussed in the analysis of Part 1 Subpart Q, above, in the Competitive Bidding Conforming Edits Order the Wireless Telecommunications Bureau modified or eliminated the following narrowband and broadband PCS rules pertaining to competitive bidding to conform with the general competitive bidding rules set forth in Part 1 of the Commission's rules: 24.301, 24.321, 24.701-24.702, 24.704, 24.706, 24.708-24.709, 24.711-24.712, 24.714, 24.716-24.717, and 24.720. 47 U.S.C. � 309(j)(3). See Seventh CMRS Competition Report, 17 FCC Rcd at 13049. See id. at 13067. See id. at 13049-50. See id. at 13067. See id. at 13007-09. See id. at 13038-10, 13012-14. See id. at 13008. See Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18424-26 �� 44-46. CTIA Petition
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  • supra. As discussed in the analysis of Part 1 Subpart Q, above, in the Competitive Bidding Conforming Edits Order the Wireless Telecommunications Bureau modified or eliminated the following narrowband and broadband PCS rules pertaining to competitive bidding to conform with the general competitive bidding rules set forth in Part 1 of the Commission's rules: 24.301, 24.321, 24.701-24.702, 24.704, 24.706, 24.708-24.709, 24.711-24.712, 24.714, 24.716-24.717, and 24.720. 47 U.S.C. � 309(j)(3). See Seventh CMRS Competition Report, 17 FCC Rcd at 13049. See id. at 13067. See id. at 13049-50. See id. at 13067. See id. at 13007-09. See id. at 13038-10, 13012-14. See id. at 13008. See Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18424-26 �� 44-46. CTIA Petition
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  • Notice, DA 96-716 (rel. May 8, 1996). Pursuant to Commission rules for Auction No. 5, Chase received a 25 percent discount on its gross high bids and was eligible to pay 90 percent of its net high bids in installments over ten years, paying only interest for six years and then principal and interest for four years. See 47 C.F.R. ��24.711 and 24.712. Following Auction No. 5, a wide variety of C Block licensees encountered difficulty making installment payments. To comply with the Commission's statutory mandate to promote dissemination of licenses among a wide variety of licensees, the Commission decided to offer C Block licensees four options to restructure their debt, including an option to disaggregate licenses so that the licensee
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  • January 31, 2001. NO ELECTIONS OR CHANGES TO ELECTIONS WILL BE ACCEPTED AFTER 7 P.M. ON THE ELECTION DATE.'') (no emphasis added). See also Southern Communications MO&O, 15 FCC Rcd at 25107, � 10 (holding that a failure to appropriately manage business arrangements does not justify waiver of the automatic cancellation rule); BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230, 3235, � 8 (1997) (holding that the failure of a third party to perform its contractual obligation does not constitute a special circumstance justifying a waiver of the down payment default rule). 47 C.F.R. � 0.331. Jorge J. Inga, M.D. Rafael Blanco, M.D. July 23, 2003 Federal Communications
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  • February 4, 2002 (``Motion''). Airadigm's fifteen PCS licenses, won in Auction nos. 5 and 11, covered the Appleton - Oshkosh, Eau Claire, Fond du Lac, Green Bay, Janesville-Beloit, La Cross, Madison, Manitowoc, Sheboygan, Stevens Point-Marshshfield-Wisconsin Rapids, Wausau, Marinette, Wisconsin Basic Trading Areas, and the Cedar Rapids, Waterloo-Cedar Falls, Dubuque, Iowa Basic Trading Areas. See also Attachment A. 47 C.F.R.�� 1.2110, 24.711 and 24.716 (1999). Petition at 4. See In the Matter of Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (WTB 1997). See ``FCC Announces Grant of Broadband Personal Communications Services D, E & F Block licenses,'' Public Notice, 13 FCC Rcd 1286 (1997). See In the Matter of Amendment of the Commission's Rules Regarding Installment Payment Financing for
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  • held by the GWI Licensees. For the reasons set forth below, we dismiss GWI's Grace Period Requests. GWI was the high bidder for 14 Basic Trading Area licenses in the Commission's auction of PCS C block licenses, which concluded on May 6, 1996. GWI elected to fulfill its payment obligations under the Commission's installment payment plan as provided in Section 24.711(b). As required under Section 24.711(a)(2), GWI timely submitted its first and second down payments. The licenses were conditionally granted to the GWI Licensees on January 27, 1997. At the time GWI filed its Grace Period Requests, Section 1.2110(e)(4)(ii) of the Commission's rules provided that "upon default or in anticipation of default of one or more installment payments, a licensee may
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  • Carolina. The Commission conditionally granted these licenses to Urban Comm on April 28, 1997. See ``FCC Announces Grant of Broadband Personal Communications Services D, E, F Block BTA Licenses Balance of Winning Bids (D and E Block) and Final Down Payment (F Block) Are Due by May 12, 1997,'' Public Notice, 13 FCC Rcd 1286 (1997). 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). See In the Matter of Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997). See ``FCC Announces Grant of Broadband Personal Communications Services D, E & F Block Licenses,'' Public Notice, 13 FCC Rcd 1286 (1997). See In the Matter of Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses,
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  • 16 FCC Rcd 17,685 (denying requests for selective default so that bidder could offer service to tribal lands); BDPCS II, 15 FCC Rcd 17,590 at 17,594, �4 and n.27 (affirming Bureau conclusion that general support for small businesses did not constitute ``facts that warranted a deviation from the general rule''); Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(A)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21,983, 21,994, �20 (1998) (``Neither [the Commission's] mandate to provide opportunities for small businesses nor its finding that small businesses have difficulty obtaining capital requires the Commission to waive payment deadlines for small businesses in
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  • Commission's decision to address via rulemaking, rather than through individual ad hoc waiver proceedings, two questions of policy that were virtually identical to each other, one raised by way of a waiver request and the other by way of petition for reconsideration). Petition at 11; Waiver Request at 7 (citing Mountain Solutions Ltd, Inc., Emergency Petition for Waiver of Section 24.711(A)(2) of the Commission's Rules regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21983 (1998) (``Mountain Solutions''); Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding BTA Nos. B016, B072, B091, B147, B177, B178, B312, B335, AND B436, Frequency Block C,
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  • its attributable entities if the increase was the result of ``nonattributable equity investments, . . . debt financing, revenues from operations or other investments, business development, or expanded service.'' Id. Increased revenues or assets from these sources are referred to as ``permissible growth.'' See 47 C.F.R. � 1.2110(n) 47 C.F.R. � 24.203. 47 C.F.R. � 24.839. See 47 C.F.R. � 24.711(c). See 47 C.F.R. � 24.720(b). 47 C.F.R. � 1.2111(c). See ULS File No. 0001546977, Letter from William S. Carnell, counsel for Leap, to Kathy Harris, Deputy Chief, Mobility Division, Wireless Telecommunication Bureau, Federal Communications Commission, dated March 16, 2004, at 1 (``Revenue and Asset Disclosure Letter''). See 47 C.F.R. � 1.2111(d). The amount of reimbursement of the bidding credit is
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  • Corp Order at 483-84, � 16; EchoStar Direct TV HDO at 20574, � 26. See also 2000 Biennial Regulatory Review Spectrum Aggregation Limits For Commercial Mobile Radio Services, Report and Order, 16 FCC Rcd. 22668, 22696, � 55 (2001), citing 47 U.S.C. �� 301, 303, 309(j), 310(d). See supra para 7; see also generally, Waiver Request. See 47 C.F.R. � 24.711(c). See 47 C.F.R. � 24.720(b). 47 C.F.R. � 1.2111(c). Id. Id. The Commission has previously clarified that the approval of an assignment or transfer that results in installment payment unjust enrichment is conditioned upon the full payment of the required unjust enrichment payment on or before the consummation date. See In the Matter of Amendment of Part 1 of the
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  • 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 - Competitive
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  • KNLH718. These PCS F Block licenses were conditionally granted on April 28, 1997. See ``FCC Announces Grant of Broadband Personal Communications Services D, E, F Block BTA Licenses Balance of Winning Bids (D and E Block) and Final Down Payment (F Block) Are Due by May 12, 1997,'' Public Notice, 13 FCC Rcd 1286 (1997). See 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997); ``FCC Announces Grant of Broadband Personal Communications Services D, E & F Block Licenses,'' Public Notice, 13 FCC Rcd 1286 (1997). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Second Report and Order, 12
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  • KNLH718. These PCS F Block licenses were conditionally granted on April 28, 1997. See ``FCC Announces Grant of Broadband Personal Communications Services D, E, F Block BTA Licenses Balance of Winning Bids (D and E Block) and Final Down Payment (F Block) Are Due by May 12, 1997,'' Public Notice, 13 FCC Rcd 1286 (1997). See 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). In 1997, the Commission suspended installment payments for broadband PCS licenses pending resolution of requests filed by certain licensees to restructure their installment payment obligations. See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997). Shortly thereafter, the Commission determined that installment payments will not be used in the immediate future as a means of financing
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  • Dakota Order, 18 FCC Rcd at 21524, para. 9. See, e.g., Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) (granting two-day waiver of payment deadline, because delay caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur. 1997) (granting one-day
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  • These broadband PCS F Block licenses were conditionally granted on April 28, 1997. See ``FCC Announces Grant of Broadband Personal Communications Services D, E, F Block BTA Licenses Balance of Winning Bids (D and E Block) and Final Down Payment (F Block) Are Due by May 12, 1997,'' Public Notice, 13 FCC Rcd 1286 (1997). See 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). In 1997, the Commission suspended installment payments for broadband PCS licenses pending resolution of requests filed by certain licensees to restructure their installment payment obligations. See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997). Shortly thereafter, the Commission determined that installment payments will not be used in the immediate future as a means of financing
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  • and 0002526699, Memorandum Opinion and Order, DA 06-1883 (WTB rel. Sep. 19, 2006). The C Block licenses were disaggregated pursuant to 47 C.F.R. � 24.714(a), (e)(2). See ``FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C Block BTA License, Final Down Payment Due by September 24, 1996,'' Public Notice, 11 FCC Rcd 11316 (1996). See 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997); ``FCC Announces Grant of Broadband Personal Communications Services D, E & F Block Licenses,'' Public Notice, 13 FCC Rcd 1286 (1997). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Second Report and Order, 12
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  • the Act. Specifically, Newcomm disclosed that control of its Licenses was transferred to TEM PR, a subsidiary of Telefonica, on April 20, 2005, and subsequently transferred back to Newcomm in February 2006. Newcomm neither requested nor received Commission approval to engage in these transactions. As noted, see note 5 supra, these transactions were also inconsistent with the provisions of Sections 24.711 and 1.2110 of the Commission's Rules. The Bureau's investigation revealed other instances in which Newcomm engaged in transactions that effectuated transfers of control for which Newcomm had not requested or obtained prior Commission consent, and that resulted in Newcomm's loss of eligibility for Designated Entity benefits, such as the option to pay for its licenses by making installment payments. 5.
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  • KNLH718. These PCS F Block licenses were conditionally granted on April 28, 1997. See ``FCC Announces Grant of Broadband Personal Communications Services D, E, F Block BTA Licenses Balance of Winning Bids (D and E Block) and Final Down Payment (F Block) Are Due by May 12, 1997,'' Public Notice, 13 FCC Rcd 1286 (1997). See 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). In 1997, the Commission suspended installment payments for broadband PCS licenses pending resolution of requests filed by certain licensees to restructure their installment payment obligations. See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997). Shortly thereafter, the Commission determined that installment payments will not be used in the immediate future as a means of financing
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  • for Reconsideration''). Airadigm's fifteen PCS licenses, won in Auction Nos. 5 and 11, covered the Appleton - Oshkosh, Eau Claire, Fond du Lac, Green Bay, Janesville-Beloit, La Cross, Madison, Manitowoc, Sheboygan, Stevens Point-Marshfield-Wisconsin Rapids, Wausau-Rhinelander, and Marinette, Wisconsin Basic Trading Areas, and the Cedar Rapids, Waterloo-Cedar Falls, and Dubuque, Iowa Basic Trading Areas. See also Attachment A. 47 C.F.R.�� 1.2110, 24.711 and 24.716 (1999). A detailed history of the installment payments made by Airadigm prior to declaring bankruptcy can be found in the Order. See Order at � 3. See In re Airadigm Communications, Inc., Case No. 99-335000 (Bankruptcy, W.D.Wis. 1999) (``Airadigm Bankruptcy Proceeding"). Petition at 2. Id. The Bureau issued a Public Notice on February 24, 2000 seeking comment on
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  • � 1.925. ``Designated entities'' are small businesses, businesses owned by members of minority groups and/or women, and rural telephone companies. 47 C.F.R. � 1.2110(a). Waiver and Reinstatement Request at 8-9 (citing 47 U.S.C. � 309(j)(3)(B), (4)(D)). Id. at 10. Id. at 12. Id. at 11. Id. at 12-13. See, e.g., Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21,983, 21,994 � 20 (1998) (``Neither its mandate to provide opportunities for small businesses nor its finding that small businesses have difficulty obtaining capital requires the Commission to waive payment deadlines for small businesses in
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  • of 21st Century Telesis Joint Venture and 21st Century Bidding Corporation for Facilities in the Broadband Personal Communications Services, Order on Reconsideration, 16 FCC Rcd 17,257 (2001), petition dismissed in part and denied in part, 21st Century Telesis Joint Venture v. FCC, 318 F.3d 192 (D.C. Cir. 2003). See, e.g., Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(A)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21,983, 21,994 � 20 (1998) (``Neither its mandate to provide opportunities for small businesses nor its finding that small businesses have difficulty obtaining capital requires the Commission to waive payment deadlines for small businesses in
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  • of each license to the Commission and each license only authorized use of the remaining 15 megahertz. Petition at 4. As a small business, the original licensee qualified to pay 90 percent of its net high bids in installments over ten years, paying only interest for six years and then principal and interest for four years. See 47 C.F.R. �� 24.711 and 24.712. GLH was subject to these same conditions. See Request, supra note 2. Request at 4-5. Id. at 5. Id. at 5. According to GLH's calculations, its total payment due on January 31, 2003, was $605,371.04 (consisting of $458,598.06 in quarterly payment and $146,718.98 in interest payments). Id. at 4. Leap and its subsidiaries filed for bankruptcy protection on
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  • before initiating the wire transfer (but on the same business day). For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See ``Entrepreneurs' C Block Auction Closes,'' Public Notice, DA-96-716 (May 8, 1996). Longstreet Communications International, Inc. Request for Waiver of Section 24.711(A)(2) of the Commission's Rules Regarding Market No. B012, Order, 12 FCC Rcd. 1549 (1997). Id. See Longstreet Communications International, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market No. B012, Order, 14 FCC Rcd 4032 (WTB 1999). Id.; see also Longstreet Communications International, Inc., Order, 15 FCC Rcd 8562 (2000) (Interim Default Order). In 1998, the
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  • prepared to grant the four (4) licenses listed in Attachment A of this Public Notice, upon the full and timely payment of the remaining balance of each applicant's winning bid(s). Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by September 6, 2001). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If a winning bidder fails to pay the balance of its winning bid(s) in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by September 20, 2001), provided that it also pays a late fee equal to five percent of
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  • corrections to the final rules contained in the Appendix of the Order, DA 02-847, released on April 11, 2002. A summary of the Order has not yet been published in the Federal Register. Accordingly, the corrections set forth below will be incorporated in the summary of the Order published in the Federal Register. In the Appendix of the Order, sections 24.711 and 24.716 are modified by replacing all references to ``section 1.2110(n)'' with ``section 1.2110(o)''. In the Appendix of the Order, the amendatory language to section 90.1103 is modified to read as follows: ``Amend � 90.1103 by removing paragraphs (b)(3), (b)(4), and (c), redesignating paragraphs (b)(5) and (d) as paragraphs (b)(3) and (c), and revising newly redesignated paragraph (c) to read
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  • contained in its Second Supplement to Application for Review. 2. On May 6, 1996, the Commission concluded the Broadband PCS C block auction (Auction No. 5). BDPCS was the successful high bidder on 17 licenses, with a cumulative total net bid price of $873,783,912.75. On May 8, 1996, the Commission announced by Public Notice that, pursuant to 47 C.F.R. � 24.711(a)(2), winning bidders would be required to submit their first down payment (five percent of their net winning bids) by May 15, 1996. Accordingly, BDPCS, a winning bidder claiming small business status, was required to bring its total funds on deposit with the Commission to five percent of its total net bid amount, or $43,689,195.64. Accounting for BDPCS's $7,000,000 upfront payment,
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  • Petition at 1-3. See also DiGiPH Petition at 5 (referencing C block notes); Alpine PCS Petition at 6-7 (same). Cf. NextWave Petition at 5-7 (Commission should reconcile its seemingly conflicting roles of regulator and party to commercial contract). See CONXUS Petition at 7-8; CTI Petition at 8-9. See also In-Sync Comments at 6. 47 C.F.R. � 95.816. 47 C.F.R. � 24.711. 47 C.F.R. � 24.716. See American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12384 (1996). 47 C.F.R. � 24.309. 47 C.F.R. � 90.812. 47 C.F.R. � 21.960. 218-219 MHz Service Order and NPRM, 13 FCC Rcd at 19072-19074, �� 12-14. Amendment of Part 95 of the Commission's Rules to
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  • FCC Rcd at 425, para. 86; see 47 C.F.R. � 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. � 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. �� 24.711, 24.716. We note that the Balanced Budget Act of 1997 provides that "before the issuance of bidding rules," the Commission must provide adequate time for parties to comment on proposed auction procedures. Balanced Budget Act of 1997, Pub. L. 105-33, � 3002(a)(1)(B)(iv), 111 Stat. 251, 259 (codified at 47 U.S.C. � 309(j)(3)(E)(i)). Accordingly, it has been the practice of the
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  • Public Notice, DA 00-1246 (rel. June 7, 2000). See 47 U.S.C. � 309(j)(4)(D). The installment payment plan for C block permitted licensees that qualified as small businesses to pay 90% of the bid price over a period of ten years, with interest paid for the first six years and interest and principal for the remaining four. See 47 C.F.R. � 24.711(b)(3)(1996). The installment payment plan for F block permitted licensees that qualified as small businesses to pay 80% of the bid price over a period of ten years, with interest paid for the first eight years and interest and principal for the remaining two. See 47 C.F.R. � 24.716(b)(3)(1997). All but two bidders in the 1996 C block auction qualified as
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  • avoid the automatic cancellation of its license, Southern's October 31, 1998 installment payment should have been made, at the latest, by April 29, 1999, accompanied by a 15 percent late fee. On April 29, 1999, the last possible day to comply with the applicable installment payment grace period rule, Southern filed a Waiver Request seeking a two-day suspension of Section 24.711(b) of the Commission's rules. The Waiver Request stated that Southern was unable to wire transfer the installment payment due to the illness of its financial officer. In the October 1999 Waiver Order, which Southern now asks us to reconsider, the Division determined that Southern failed to meet the standards for which a waiver of the Commission's rules might be granted,
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  • Century in the Supplement. See 47 C.F.R. � 1.106(f)(1999). 47 U.S.C. � 309(j)(4)(D). The installment payment plan for C block permitted licensees that qualified as small businesses to pay 90% of the bid price over a period of ten years, with interest paid for the first six years and interest and principal for the remaining four. See 47 C.F.R. � 24.711(b)(3)(1996). The installment payment plan for F block permitted licensees that qualified as small businesses to pay 80% of the bid price over a period of ten years, with interest paid for the first eight years and interest and principal for the remaining two. See 47 C.F.R. � 24.716(b)(3)(1997). See ``Entrepreneur's C Block Auction Closes: FCC Announces Winning Bidders in the
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  • - Notice and Filing Requirements for Auction of C, D, E, and F Block Personal Communications Services Licenses Scheduled for March 23, 1999,'' Auction Report No. AUC-98-22-C (Auction No. 22), Public Notice, DA 98-2604, 13 FCC Rcd 24540 (1998) (``December 23d Public Notice''). See ``Entrepreneurs' C Block Reauction Closes,'' Public Notice, 11 FCC Rcd 8183 (1996). See 47 C.F.R. � 24.711(b)(3) (1996). Subsequently, the Commission suspended the installment payment program; therefore, installment payments were not available to winning bidders in Auction No. 22. See Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd
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  • Basic Trading Areas,'' Public Notice, DA 97-81 (rel. Jan. 15, 1997). See ``FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C Block BTA Licenses,'' Public Notice, DA 96-1553 (rel. Sept. 17, 1996); ``FCC Announces Grant of Broadband Personal Communications Services D, E, and F Block BTA Licenses,'' Public Notice, DA 97-883 (rel. Apr. 28, 1997). See 47 C.F.R. � 24.711(b) (1995) (C block); 47 C.F.R. 24.716(b) (1996) (F block). E.g., License PBB103C at 2 (``This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 24.711 [for C block licenses, 24.716 for F block licenses] of the Commission's Rules and the terms of the Commission's installment plan as set forth in the
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  • the automatic cancellation of its license, Southern's October 31, 1998 installment payment had to have been received, at the latest, by April 29, 1999, accompanied by a 15 percent late fee. On April 29, 1999, the last possible day to comply with the applicable installment payment grace period rule, Southern filed a waiver request seeking a two-day suspension of Section 24.711(b) of the Commission's rules. The Waiver Request stated that Southern was unable to wire transfer the installment payment due to the illness of its financial officer. Southern then wired funds to the Commission, initiating the wire transfer, Southern later stated, on May 3, 1999, two business and four calendar days after the April 29, 1999 deadline. The Commission received the
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  • public interest). Petition at 2-11. Petition at 6; Waiver Request at 7. Petition at 11-13. Vista Order on Reconsideration, 18 FCC Rcd 2540, at 2546-49. Id. at 2546-47 (citing 218-219 MHz Second Order on Reconsideration, 15 FCC Rcd at 25,031, � 25). Petition at 11; Waiver Request at 7 (citing Mountain Solutions Ltd, Inc., Emergency Petition for Waiver of Section 24.711(A)(2) of the Commission's Rules regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd 21,983 (1998) (``Mountain Solutions''); Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding BTA Nos. B016, B072, B091, B147, B177, B178, B312, B335, AND B436, Frequency Block C,
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  • of such license(s) is final, or one year from the date of the filing of their short-form application (Form 175), whichever is earlier. (d) Definitions. The terms control group, existing investor, institutional investor, nonattributable equity, preexisting entity, publicly traded corporation with widely dispersed voting power, qualifying investor, and small business used in this section are defined in � 24.720. � 24.711 [Amended] 21. Amend � 24.711 by replacing the reference to ``section 1.2110(o)''in paragraph (a) with ``section 1.2110(n).'' 22. Amend � 24.712 by revising paragraphs (a) and (b) to read as follows: � 24.712 Bidding credits for licenses won for frequency Block C. (a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999,
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  • Order and Order on Reconsideration of the Fifth Report and Order, 18 FCC Rcd 10,180 (2003) (``Second Reconsideration Order'') (recon. pending). The Commission has made its installment payment program available to eligible auction winners of licenses in the following services: the 218-219 MHz Service, see 47 C.F.R. � 95.816; broadband Personal Communications Services (PCS) frequency block C, 47 C.F.R. � 24.711; broadband PCS frequency block F, 47 C.F.R. � 24.716; broadband PCS frequency block A (pioneers' preference licensees only), see American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12,384 (1996); regional narrowband PCS, 47 C.F.R. � 24.309 (1994); 900 MHz SMR, id. � 90.812 (1995); and the Multipoint Distribution Service
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  • 16730-33, �� 8-14 (relying upon, inter alia, Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) (``Metricom Waiver Order'') (granting two-day waiver of payment deadline, because delay was caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) (``SCS Waiver Order'') (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur.
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  • rule); BDPCS MO&O, 15 FCC Rcd at 17,604-07 �� 27-30 (finding that loss of expected source of funding cannot justify waiver of the Commission's rules and that Commission is not required to ``police the private business activities of each bidder''). See, e.g., BDPCS MO&O, 15 FCC Rcd at 17,606-07 � 30 (citing BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230 (1997)). See, e.g., U.S. Telemetry Letter, 17 FCC Rcd at 6447 (licensee is responsible for the consequences that flow from its business decision); C and F Block Installment Payment Order, 13 FCC Rcd at 22,072-73 � 4 (``The challenge of raising capital to finance . . . licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-1A1_Rcd.pdf
  • of the automatic cancellation rule); BDPCS MO&O,15 FCC Rcd at 17,604-07 �� 27-30 (finding that loss of expected source of funding cannot justify waiver of the Commission's rules and that Commission is not required to "police the private business activities of each bidder"). 140See,e.g.,BDPCS MO&O, 15 FCC Rcd at 17,606-07 � 30 (citing BDPCS, Inc., Emergency Petition forWaiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230 (1997)). 141See,e.g.,U.S. Telemetry Letter, 17 FCC Rcd at 6447 (licensee is responsible for the consequences that flow from its business decision); C and F Block Installment Payment Order, 13 FCC Rcd at 22,072-73 � 4 ("The challenge of raising capital to finance . . . licenses exists in
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  • limited eligibility in the initial C block auctions to entrepreneurs and small businesses. The C block auction concluded on May 6, 1996, and the subsequent reauction of defaulted licenses concluded on July 16, 1996, with a total of 90 bidders winning 493 licenses. The winning bidders were permitted to pay Federal Communications Commission FCC 98-46 4 See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which the licensee was eligible. See 47 C.F.R. � 24.712. 5 See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17,325 (WTB 1997). 6 Id., 12 FCC Rcd at 17,325 para. 1. 7 See "FCC Announces Grant of Broadband Personal Communications Services D, E,
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  • of C block spectrum on the basis of the eligibility exception set forth in paragraph (b)(9)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (b)(9)(i). * * * * * (d) * * * (1) Applicants and licensees claiming eligibility for closed bidding under this section or for other provisions under �� 24.711 through 24.720 shall be subject to audits by the Commission, using in- house and contract resources. Selection for audit may be random, on information, or on the basis of other factors. * * * * * (e) Tiers. (1) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see �
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  • Dakota Order, 18 FCC Rcd at 21524, para. 9. See, e.g., Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) (granting two-day waiver of payment deadline, because delay caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur. 1997) (granting one-day
• http://transition.fcc.gov/eb/Orders/2007/DA-06-2358A1.html
  • the Act. Specifically, Newcomm disclosed that control of its Licenses was transferred to TEM PR, a subsidiary of Telefonica, on April 20, 2005, and subsequently transferred back to Newcomm in February 2006. Newcomm neither requested nor received Commission approval to engage in these transactions. As noted, see note 5 supra, these transactions were also inconsistent with the provisions of Sections 24.711 and 1.2110 of the Commission's Rules. The Bureau's investigation revealed other instances in which Newcomm engaged in transactions that effectuated transfers of control for which Newcomm had not requested or obtained prior Commission consent, and that resulted in Newcomm's loss of eligibility for Designated Entity benefits, such as the option to pay for its licenses by making installment payments. 5.
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  • 16730-33, PP 8-14 (relying upon, inter alia, Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) ("Metricom Waiver Order") (granting two-day waiver of payment deadline, because delay was caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) ("SCS Waiver Order") (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur.
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  • 31, 2001. NO ELECTIONS OR CHANGES TO ELECTIONS WILL BE ACCEPTED AFTER 7 P.M. ON THE ELECTION DATE.") (no emphasis added). 28 See also Southern Communications MO&O, 15 FCC Rcd at 25107, � 10 (holding that a failure to appropriately manage business arrangements does not justify waiver of the automatic cancellation rule); BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230, 3235, � 8 (1997) (holding that the failure of a third party to perform its contractual obligation does not constitute a special circumstance justifying a waiver of the down payment default rule). Mr. Kurt Schueler October 30, 2001 5 This action is taken pursuant to Sections 4(i), 4(j),
• http://wireless.fcc.gov/auctions/02/releases/fcc97390.pdf
  • warranting a waiver of our rules. We agree with the Bureau that choosing the source of financing for a business enterprise is an individual business judgment for which each applicant is responsible. Moreover, we have consistently stated that a licensee's failure to comply with our rules because of a private business See BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 30 FCC 96-498 (rel. Jan. 6, 1997); Personal Communications Corp., Emergency Petition for Waiver of Deadline for Submission of Upfront Payments for Broadband PCS Auction, Order, DA 95-37 (Wireless Telecom. Bureau 1995); P&R Temmer, d/b/a Mobile Communications Service Company , 93 FCC 2d 1051, aff'd sub nom., P&R Temmer v. FCC, 743 F.2d 918 (D.C.
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  • licenses. Installment payments directly address the significant barriers that smaller businesses face in accessing private financing. With 239 the expectation of enormous costs associated with obtaining and operating a broadband PCS license, installment payments provide low-cost government financing that reduces the amount of Id. at � 136. 240 Id. at � 137. 241 Id. 242 See generally 47 C.F.R. � 24.711. 243 Fifth Report and Order, FCC 94-178 at �� 139-140. 244 Vanguard Cellular Systems, Inc. Opposition to Petitions for Reconsideration (Vanguard 245 Opposition), filed Sept. 9, 1994, at 2-4. Id. at 4. 246 Small Business PCS Association Petition for Reconsideration (SBPCS Petition), filed Aug. 22, 247 1994, at 2-3. Hernandez Petition at 5. 248 54 private financing needed before and
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  • 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 for Broadband PCS � 24.701 Broadband PCS subject to competitive bidding. Mutually exclusive initial applications to provide broadband PCS service are subject to
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  • will be granted sooner than 31 days after the date of this Public Notice. See 47 C.F.R. � 24.827(b). All auction winners will be required to make sufficient payment to bring their total deposits with the Commission up to ten (10) percent of their winning bids within five (5) business days after the application is granted. See 47 C.F.R. � 24.711(a)(2). In the Third Report and Order in GN Docket No. 93-252, the Commission determined that all commercial mobile radio service applicants should be subject to the same rules governing the construction of facilities prior to grant of a pending applications. See 9 FCC Rcd 7988, 8153 (1994). Accordingly, 35 days after the date of this Public Notice, accepted applicants listed
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  • will be granted sooner than 31 days after the date of this Public Notice. See 47 C.F.R. � 24.827(b). All auction winners will be required to make sufficient payment to bring their total deposits with the Commission up to ten (10) percent of their winning bids within five (5) business days after the application is granted. See 47 C.F.R. � 24.711(a)(2). In the Third Report and Order in GN Docket No. 93-252, the Commission determined that all commercial mobile radio service applicants should be subject to the same rules governing the construction of facilities prior to grant of a pending applications. See 9 FCC Rcd 7988, 8153 (1994). Accordingly, 35 days after the date of this Public Notice, accepted applicants listed
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  • 2. Background. On May 6, 1996, the Commission concluded the Broadband PCS C Block auction. NatTel was the successful high bidder on one license in the auction (B-492, American Samoa), with a net bid totalling $411,001.00. During the course of the auction, NatTel withdrew two high bids. On May 8, 1996, the Commission announced by Public Notice that, 2 Section 24.711(a)(2) provides that "[e]ach winning bidder shall make a down payment equal to ten percent of its 3 winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the auction closes, and the remainder of the
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  • amount includes an upfront payment in the amount of $299,000.00 received on December 1, 1995, and the balance of the first down payment in the amount of $1,206,812.50 received on May 15, 1996. PBB347C (Phoenix, AZ). Entrepreneurs' C Block Reauction Closes, Public Notice, DA No. 96-1153 (rel. July 17, 1996) (WTB). C.H. PCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, filed on July 24, 1996. C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 11 FCC Rcd 9343 (1996) (WTB). C.H. PCS, Inc., BTA No. 347, Frequency Block C, Order, 11 FCC Rcd. 22430 (1996) (WTB) ("1996 Payment Order"). Letter from Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, to Kenneth Hobbs,
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  • first broadband Personal Communications Services ("PCS") C block auction ("Auction No. 5"). The specific default payment obligation with respect to each license is set forth in Attachment A to this order. 1. Background Mountain Solutions was the high bidder on ten broadband PCS C block markets1 in Auction No. 5, which closed on May 6, 1996.2 At that time, Section 24.711(a)(2) of the Commission's rules required winning bidders to submit a ten percent down payment on C block licenses won at auction.3 Each 1 B053 (Bozeman, MT), B168 (Grand Junction, CO), B172 (Greeley, CO), B187 (Hays, KS), B188 (Helena, MT), B224 (Kalispell, MT), B247 (Lawrence, KS), B275 (Manahattan, KS), B366 (Pueblo, CO), and B381 (Rock Springs, WY). 2 "Entrepreneur's C Block
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  • VII. Agreements and Other Instruments Applicants should attach and label as "Exhibit J: Agreements and Other Instruments" an exhibit listing and summarizing all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility for a license for the C block and its eligibility under 47 C.F.R. �� 24.711, 24.712, 24.714, and 24.720, including the establishment of de facto and de jure control. Such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written. See 47 C.F.R. � 24.709(c)(2)(ii); Public Notice, "C
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  • text/plain Content-Transfer-Encoding: 8bit 47 C.F.R. � 1.2104(g)(1); see also 47 C.F.R. � 24.704(a)(1). The C block encompasses the 1895-1910 MHz band paired with 1975-1990 MHz band. See News Release, "Broadband Personal Communications Services C Block Auction Closes" (rel. May 6, 1996). Public Notice, "Entrepreneurs' C Block Auction Closes," DA 96-716 (rel. May 8, 1996). See 47 C.F.R. �� 24.704(a)(1) and 24.711(a)(2). Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 96-873 In the Matter of )) National Telecom PCS, Inc. ) Request for Waiver of ) Bid Withdrawal Payment ) ORDER Adopted: May 30, 1996 Released: May 30, 1996 By the Chief, Wireless Telecommunications Bureau 1. On May 15, 1996, National Telecom PCS, Inc. (NatTel) filed a Request for Waiver (Request)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Petition for Reconsideration (Petition) filed by BDPCS, Inc. on May 22, 1996. 1 Order, Emergency Petition for Waiver of Deadline for Submission of Down Payment for the Broadband PCS C block 2 auction filed by BDPCS, Inc., DA 96-811 (rel. May 20, 1996) (Order). 47 C.F.R. � 24.711(a)(2). 3 The C block encompasses the 1895-1910 MHz band paired with 1975-1990 MHz band. 4 47 C.F.R. � 24.711(a)(2). 5 Emergency Petition for Waiver filed by BDPCS, Inc. on May 15, 1996 at 2. 6 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 96-874 In the Matter of )) Emergency Petition for Waiver ) of Deadline for Submission of
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  • "FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C 1 Block BTA Licenses Final Down Payment Due by September 24, 1996," DA 96-1553 (September 17, 1996). I. Broadband PCS C Block Auction The following parties are small business winning bidders who were entitled to pay their 10% down payment in two separate 5% payments pursuant to 47 C.F.R. � 24.711(a)(2). By Public Notice released on September 17, 1996, the Wireless Telecommunications Bureau notified winning bidders that the Commission would be granting C block licenses, and that the second half of the down payment would be due on September 24. Of the following eight parties, six 1 submitted late payments and two have not made payment. Carolina PCS I Limited Partnership:
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  • A to this Order. 2. Background. On May 6, 1996, the Commission concluded the Broadband PCS C Block auction. BDPCS was the successful high bidder on seventeen licenses in the auction, with net bids totalling $873,783,912.75. On May 8, 1996, the Commission announced by Public "Entrepreneurs' C Block Auction Closes," Public Notice, DA 96-716 (rel. May 8, 1996). 2 Section 24.711(a)(2) provides that "[e]ach winning bidder shall make a down payment equal to ten 3 percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five business days after the auction closes, and the remainder of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 97-890 Emergency Petition for Waiver Section 24.711(a)(2) of the Commission's Rules, Emergency Petition for Waiver, 1 filed September 24, 1996 ("Petition"); Supplement to Emergency Petition for Waiver Section 24.711(a)(2) of the Commission's Rules, Supplement to Emergency Petition for Waiver, filed October 4, 1996 ("Supplemental Petition"). 47 C.F.R. � 24.711(a)(2). 2 CPCSI was the successful bidder for the following markets: Andersen, SC (B016), Charleston, SC (B072), 3 Columbia,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 97-891 47 C.F.R. � 24.711(a)(2). 1 Mountain Solutions's Emergency Petition for Waiver, filed September 24, 1996 ("Waiver Petition"); Mountain 2 Solutions's Supplement to Emergency Petition for Waiver and Motion to Enter into Consent Decree, filed October 17, 1996 ("Supplemental Petition"); Mountain Solutions's Second Supplement to Emergency Petition for Waiver, filed February 12, 1997 ("Second Supplement"). Mountain Solutions was the successful bidder for the following markets:
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  • percent penalty will be calculated based on the defaulting bidder's bid amount. These amounts will be deducted from any upfront payments or down payments that the defaulting or disqualified bidder has deposited with the Commission." 47 C.F.R. � 24.704(a)(2). See "Entrepreneurs' C Block Auction Closes," Public Notice, DA 96-716 (rel. May 8, 1996) ("Closing Public 4 Notice"). 47 C.F.R. � 24.711(a)(2). 5 2 ("BDPCS"), seeking reconsideration of an Order by the Acting Chief of the Wireless 1 2 Telecommunications Bureau ("Bureau") that assessed BDPCS a default payment on the above- captioned licenses in the amount of $67,695,653.23, pursuant to Section 24.704(a)(2) of the Commission's rules. For the reasons discussed below, we deny BDPCS's petition. 3 II. BACKGROUND 2. On May 6,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Omnipoint Corporation, Broadband PCS Block C Installment Plan Interest Rate for Small Business Licensees - 1 Request for Rule Waiver (December 16, 1996). In addition, the Bureau has received informal requests for waiver of Section 24.711(b)(3) filed by the following parties: Alpine PCS, Communications Venture PCS Limited Partnership, Eldorad o Communications, L.L.C., Horizon Infotech, Inc., KMtel, L.L.C., Mercury PCS, L.L.C., Miccom Associates, Norther n Michigan PCS Consortium, L.L.C., PCSouth, Inc., Savannah Independent PCS Corp., SouthEast Telephone, Ltd., Southern Wireless, L.P., Wireless 2000, Inc.. PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News
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  • extremely unusual circumstances. 8 5. The Bureau's September 17th Public Notice constitutes the "action complained of" See 47 U.S.C. � 405(a). 9 See Letter to Leonard J. Kennedy and Richard S. Denning from William E. Kennard, General Counsel, 10 and Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, DA 96-2123 (rel. December 17, 1996). See 47 C.F.R. � 24.711(b)(3). 11 The Bureau notes that it is soliciting comment on several requests for waiver of Section 24.711(b)(3) of 12 the Commission's Rules determining the interest rate to be paid under Commission installment payments filed by C Block licensees whose licenses were granted on September 17, 1996. See Comment Requested on 7 Percent Interest Rate Imposed on C Block Installment Payment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 98-921 See Omnipoint Corporation, Broadband PCS Block C Installment Plan Interest Rate for Small Business Licensees - 1 Request for Rule Waiver (December 16, 1996). See also informal requests for waiver of Section 24.711(b)(3) filed by the following parties: Alpine PCS, Communications Venture PCS Limited Partnership, Comscape Telecommunications of Charleston License, Inc., DiGiPH PCS, Inc., Eldorado Communications, L.L.C., Horizon Infotech, Inc., KMtel, L.L.C., Mercury PCS, L.L.C., Miccom Associates, Northern Michigan PCS Consortium, L.L.C., PCSouth, Inc., Quantum Communications Group, Inc., Savannah Independent PCS Corp., SouthEast Telephone, Ltd., Southern Wireless, L.P., Wireless 2000, Inc. Formal and
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  • July 31, 1998, along with one-eighth of the Suspension Interest. 47 C.F.R. � 24.819(a)(1)(i) and (ii). See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 2 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972)). See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 3 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 2 In its July 13, 1998 letter to the Commission, TWS states that its June 2, 1998 letter was intended to elect the option of "Amnesty with an Option
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  • further payments based upon its defective status would be debilitating. 47 C.F.R. � 24.819(a)(1)(i) and (ii). See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 5 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972)). See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 6 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 3 Pursuant to Section 24.819 of the Commission's Rules (47 C.F.R. 24.819), waiver of a provision of the PCS rules is appropriate only when a party demonstrates either that
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  • for the Eureka, CA BTA and the Visalia, CA BTA. 47 C.F.R. � 24.819(a)(1)(i) and (ii). See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 8 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972)). See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 9 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 3 We agree in many respects with ClearComm's analysis of its election, and find that its June 8, 1998 submission was defective. The Reconsideration Order specified that when electing
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  • do we find that Anishnabe intended to delay its ultimate election by failing to make its election on June 8, 1998. In fact, Anishnabe's lack of a submission poses serious financial hardship for it in that it resulted in its inability to make its suspension payments in eight quarterly installments. See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 5 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 3 Anishnabe's waiver request is distinguishable from instances where a waiver would affect the integrity and efficient functioning of the auctions process. A waiver of the election date to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Installment payment programs exist in the following services: Interactive Video and Data Service (47 C.F.R. 1 � 95.816); Regional Narrowband Personal Communications Services (PCS) (47 C.F.R. � 24.309); 900 MHz Specialized Mobile Radio Service (47 C.F.R. � 90.812); Multipoint Distribution Service (47 C.F.R. � 21.960); Broadband PCS frequency block C (47 C.F.R. � 24.711); Broadband PCS frequency block F (47 C.F.R. � 24.716); and Broadband PCS frequency block A (Pioneers' Preference Licensees only, see 11 FCC Rcd 12384 (1996)). See Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, WT Docket No. 97-82, 2 Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997),
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See infra Appendix for a list of the CHPCS long-form applications being dismissed. 1 47 C.F.R. � 24.711(a)(2). See also 47 C.F.R. �24.708(b), which states that a bidder that defaults on a payment 2 due will be subject to the payments specified in Section 1.2109 of the Commission's rules. PBB124C (El Centro, CA), PBB144C (Flagstaff, AZ), PBB222C (Kahului, HI), PBB322C (Nogales, AZ), 3 PBB362C (Prescott, AZ), PBB420C (Sierra Vista, AZ), and PBB486C (Yuma, AZ). See Public Notice, Entrepreneurs'
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  • and is subject to an initial default payment in the amount of $903,487.50. 2. Background. In addition to the aforementioned seven licenses, CHPCS was the high bidder on license B347 in the first C block reauction, Auction Event No. 10. On August 9, 1996, 2 Federal Communications Commission DA 99-226 In re C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 11 FCC 3 Rcd 9343 (1996). C.H. PCS, Inc., BTA No. B347 Frequency Block C, Order, 11 FCC Rcd 22,430 (1996) ("CHPCS Payment 4 Order I"). Letter from Wireless Telecommunications Bureau, Federal Communications Commission, to Mr. Kenneth 5 Hobbs, CHPCS, DA 97-260 (February 4, 1997). See Wireless Telecommunications Bureau Dismisses C.H. PCS, Inc. Applications for
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  • payment of $1,505,812.50 for the licenses but made no further payments. In addition, CHPCS was the high bidder for one broadband PCS C block license in Auction Event No. 10, which closed on July 16, 1996. CHPCS failed to make an initial down payment on this Federal Communications Commission DA 99-1166 C.H. PCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules (filed 3 July 24, 1996). 47 C.F.R. � 1.2109(b) (1995). Currently, � 1.2109(b) allows a winning bidder ten business days after the 4 Commission has declared competitive bidding closed to remit the required down payment. 47 C.F.R. � 1.2109(b). See also 47 C.F.R. � 1.2104 (g), which states that a bidder that defaults on a payment
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  • period (with a five percent late fee), followed by a subsequent 90-day automatic grace period (with an additional ten percent late fee). Thus, the October 31, 1998 payment was due, at the latest, by April 29, 1999 (including the 15 percent late fee). . On April 29, 1999, Southern Communications Systems, Inc. ("Southern") filed a request for waiver of Section 24.711(b) of the Commission's Rules, the PCS installment payment rule. Southern contends that it was aware of the April 29 payment deadline but was unable to transfer the funds in a timely manner due to the illness of its financial officer. Southern requested an additional two days to make its payment, and did transfer funds to the Commission two days after
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  • Petition for Waiver of Deadline of Submission of Down Payment for the Broadband PCS C Block Auction filed by BDPCS, Inc., Order on Reconsideration, DA 96-874 (rel. May 30, 1996) ("Order on Reconsideration"). 1 FCC 96-498 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of )) BDPCS, Inc. )) ) Emergency Petition for Waiver ) of Section 24.711(a)(2) of the ) Commission's Rules ) MEMORANDUM OPINION AND ORDER Adopted: December 30, 1996 Released: January 6, 1997 By the Commission: I. INTRODUCTION AND EXECUTIVE SUMMARY 1. The Commission has before it an Application for Review filed on June 28, 1996 by BDPCS, Inc. ("BDPCS"), seeking review of Orders by the Chief of the Wireless 1 2 BDPCS, Inc., Emergency
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  • contained in its Second Supplement to Application for Review. 2. On May 6, 1996, the Commission concluded the Broadband PCS C block auction (Auction No. 5). BDPCS was the successful high bidder on 17 licenses, with a cumulative total net bid price of $873,783,912.75. On May 8, 1996, the Commission announced by Public Notice that, pursuant to 47 C.F.R. � 24.711(a)(2), winning bidders would be required to submit their first down payment (five percent of their net winning bids) by May 15, 1996. Accordingly, BDPCS, a winning bidder claiming small business status, was required to bring its total funds on deposit with the Commission to five percent of its total net bid amount, or $43,689,195.64. Accounting for BDPCS's $7,000,000 upfront payment,
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  • avoid the automatic cancellation of its license, Southern's October 31, 1998 installment payment should have been made, at the latest, by April 29, 1999, accompanied by a 15 percent late fee. On April 29, 1999, the last possible day to comply with the applicable installment payment grace period rule, Southern filed a Waiver Request seeking a two-day suspension of Section 24.711(b) of the Commission's rules. The Waiver Request stated that Southern was unable to wire transfer the installment payment due to the illness of its financial officer. In the October 1999 Waiver Order, which Southern now asks us to reconsider, the Division determined that Southern failed to meet the standards for which a waiver of the Commission's rules might be granted,
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  • Century in the Supplement. See 47 C.F.R. � 1.106(f)(1999). 47 U.S.C. � 309(j)(4)(D). The installment payment plan for C block permitted licensees that qualified as small businesses to pay 90% of the bid price over a period of ten years, with interest paid for the first six years and interest and principal for the remaining four. See 47 C.F.R. � 24.711(b)(3)(1996). The installment payment plan for F block permitted licensees that qualified as small businesses to pay 80% of the bid price over a period of ten years, with interest paid for the first eight years and interest and principal for the remaining two. See 47 C.F.R. � 24.716(b)(3)(1997). See ``Entrepreneur's C Block Auction Closes: FCC Announces Winning Bidders in the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 97-300 __________________________________________________________________________________________________________________________________ BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Petition for 1 Reconsideration (filed February 5, 1997) ("Petition for Reconsideration"). See BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 2 Memorandum Opinion and Order, FCC 96-498, � 8 (rel. January 6, 1997) ("MO&O"). 47 C.F.R. � 24.711(a)(2). 3 1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter
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  • See also Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS, Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); Amendment of the Commission's Cellular/PCS Cross Ownership Rule, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996). 47 C.F.R. � 24.711(b)(3). In addition, there were other installment payment options available for bidders qualifying 9 as entrepreneurs. See 47 C.F.R. �� 24.711(b)(1)-(3). All bidders in the C block auction, however, qualified as small businesses. 47 C.F.R. � 24.716(b)(3). Entrepreneurs were also eligible for less favorable installment payment terms. See 47 10 C.F.R. �� 24.711(b)(1)-(2). See "18 Defaulted Licenses to be Reauctioned; Reauction
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 97-417 -------------------------------------- Carolina PCS I Limited Partnership, Request for Waiver of � 24.711(a)(2) of the Commission's Rules 1 Regarding Market Nos. B016, B072, B091, B147, B177, B178, B312, B335 and B436, Application for Review, filed May 28, 1997 ("Application for Review"). Carolina PCS I Limited Partnership, Request for Waiver of � 24.711(a)(2) of the Commission's Rules 2 Regarding Market Nos. B016, B072, B091, B147, B177, B178, B312, B335, and B436, Order, DA 97-890
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  • we will accept their filings as ex parte filings. For the sake of consistency, we refer to filings as oppositions if they were filed at the time oppositions were due, even if they are supportive of arguments raised in the petitions. Communications Act of 1934, as amended ("Communications Act") � 309(j)(4)(D), 47 U.S.C. � 309(j)(4)(D). 3 See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which the 4 licensee was eligible. See 47 C.F.R. � 24.712. See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17,325 (WTB 1997). 5 - 2 - I. INTRODUCTION 1. On September 25, 1997, the Commission adopted a Second Report and Order and Further
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  • Provide Broadband PCS in Basic 6 Trading Areas: Auction Event No. 5," Public Notice, DA 96-716 (released May 8, 1996). See "FCC Announces Winning Bidders in the Reauction of 18 Licenses to Provide Broadband PCS in Basic 7 Trading Areas: Auction Event No. 10," Public Notice, DA 96-1153, 11 FCC Rcd. 8183 (released July 17, 1996). See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which 8 the licensee was eligible. See 47 C.F.R. � 24.712. See Second Report and Order, 12 FCC Rcd at 16,437-38 para. 2 and 16,444-46 paras. 15-17. 9 See C Block Second Report and Order, 12 FCC Rcd at 16,470-76 paras. 70-76; C Block Reconsideration
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 98-220 ______________________________________________________________________________ Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's 1 Rules Regarding Various BTA Markets, Application for Review (filed May 28, 1997) ("Application for Review"). 1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) Mountain Solutions Ltd., Inc. ) Emergency Petition for Waiver of ) Section 24.711(a)(2) of the Commission's Rules ) Regarding Various BTA Markets ) in the Broadband Personal
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  • Resume July 31, 1998," Public Notice, DA 98-741 (released April 17, 1998). Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications 2 Services (PCS) Licensees,WT Docket No. 97-82, Order on Reconsideration of the Second Report and Order, 13 FCC Rcd 8345 (1998). Airadigm Request for Rule Waiver at 3 (seeking a partial waiver of 47 C.F.R. � 24.711(b) and a waiver of � 3 1.2110(f)(4)). In light of our denial of Airadigm's request, and as requested by Airadigm, we will return Airadigm's supplemental pleading containing privileged and confidential information. Id. at 2. 4 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) Requests for Extension of the Commission's ) WT Docket No. 97-82 Initial
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  • 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 Bidding, PP Docket 93-253, Sixth Report and Order, 11 FCC Rcd 136 (1995). See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which 6 the licensee was eligible. See 47 C.F.R. � 24.712. 2 C. Ordering Clauses.........................................................34 Appendix A: List of Parties Appendix B: Amendment to Section 24.203 (b) of the Commission's Rules Appendix C: Second Supplemental Final Regulatory Flexibility Analysis I. INTRODUCTION 1. In this Second
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 99-128 Omnipoint, Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest 1 Rate on Installment Payments for C Block PCS Licenses, Application for Review (filed June 17, 1998). Requests for Waiver of Section 24.711(b)(3) of the Commission's rules Establishing the Interest Rate on 2 Installment Payments for C Block PCS Licenses, Order, 13 FCC Rcd 10,230 (1998) ("1998 Order"). Savannah, Petitions for Reconsideration of
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  • 10,172. 23 See 1996 Public Notice. See also "FCC Announces Winning Bidders in the Auction of 1,020 Licenses to 24 Provide 900 MHz SMR in Major Trading Areas, Public Notice, 11 FCC Rcd 18,599, correction, 11 FCC Rcd 18,637 (WTB 1996); "Default Payment Rules," Public Notice, 11 FCC Rcd 10,853 (1996). See BDPCS, Inc., Emergency Petition for Waiver of Section 24.711 (a) (2) of the Commission's Rules, 25 Memorandum Opinion and Order, 12 FCC Rcd. 3230 (1997). 4 inconsistent with the treatment of its case. We disagree and, as discussed below, find these precedents can be distinguished from NatTel's case and provide no basis for reconsideration of our earlier decision.21 5. NatTel's argument that, in light of the Rapid Wireless Order,
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  • Basic Trading Areas,'' Public Notice, DA 97-81 (rel. Jan. 15, 1997). See ``FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C Block BTA Licenses,'' Public Notice, DA 96-1553 (rel. Sept. 17, 1996); ``FCC Announces Grant of Broadband Personal Communications Services D, E, and F Block BTA Licenses,'' Public Notice, DA 97-883 (rel. Apr. 28, 1997). See 47 C.F.R. � 24.711(b) (1995) (C block); 47 C.F.R. 24.716(b) (1996) (F block). E.g., License PBB103C at 2 (``This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 24.711 [for C block licenses, 24.716 for F block licenses] of the Commission's Rules and the terms of the Commission's installment plan as set forth in the
• http://wireless.fcc.gov/auctions/05/releases/fcc01298.pdf http://wireless.fcc.gov/auctions/05/releases/fcc01298.txt
  • automatic cancellation of its license, Southern's October 31, 1998 installment payment had to have been received, at the latest, by April 29, 1999, accompanied by a 15 percent late fee.9 4. On April 29, 1999, the last possible day to comply with the applicable installment payment grace period rule, Southern filed a waiver request seeking a two-day suspension of Section 24.711(b)10 of the Commission's rules.11 The Waiver Request stated that Southern was unable to wire transfer the 4 See FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C Block BTA Licenses: Final Down Payment due by September 24, 1996, Public Notice, 11 FCC Rcd 11,316, 11,327 (1996). 5 See Auction No. 5 Winning Bidders Public Notice. 6 See Southern Communications
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  • licenses. Installment payments directly address the significant barriers that smaller businesses face in accessing private financing. With 239 the expectation of enormous costs associated with obtaining and operating a broadband PCS license, installment payments provide low-cost government financing that reduces the amount of Id. at � 136. 240 Id. at � 137. 241 Id. 242 See generally 47 C.F.R. � 24.711. 243 Fifth Report and Order, FCC 94-178 at �� 139-140. 244 Vanguard Cellular Systems, Inc. Opposition to Petitions for Reconsideration (Vanguard 245 Opposition), filed Sept. 9, 1994, at 2-4. Id. at 4. 246 Small Business PCS Association Petition for Reconsideration (SBPCS Petition), filed Aug. 22, 247 1994, at 2-3. Hernandez Petition at 5. 248 54 private financing needed before and
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  • (indicating that "U.S. Census Data shows that approximately 99% of all women- owned businesses and 99% of all minority-owned businesses generated net receipts of $1 million or less", citing Women-Owned Business, WB 87-1, 1987 Economic Census, p. 144, Table 8; Survey of Minority-Owned Business Enterprises , MB 87-4, 1987 Economic Census, pp. 81-82, Table 8). 3047 CFR �� 24.712 and 24.711. See eg. Further Notice at � 10. 31The final rule changes are attached as Appendix A. applicants. Amend Section 24.720 of the Commission's Rules to eliminate the exception to the affiliation rules that excludes the gross revenues and total assets of affiliates controlled by investors who are members of a minority-owned applicant's control group. Amend Section 24.711 of the Commission's
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  • "FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C 1 Block BTA Licenses Final Down Payment Due by September 24, 1996," DA 96-1553 (September 17, 1996). I. Broadband PCS C Block Auction The following parties are small business winning bidders who were entitled to pay their 10% down payment in two separate 5% payments pursuant to 47 C.F.R. � 24.711(a)(2). By Public Notice released on September 17, 1996, the Wireless Telecommunications Bureau notified winning bidders that the Commission would be granting C block licenses, and that the second half of the down payment would be due on September 24. Of the following eight parties, six 1 submitted late payments and two have not made payment. Carolina PCS I Limited Partnership:
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  • "FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C 1 Block BTA Licenses Final Down Payment Due by September 24, 1996," DA 96-1553 (September 17, 1996). I. Broadband PCS C Block Auction The following parties are small business winning bidders who were entitled to pay their 10% down payment in two separate 5% payments pursuant to 47 C.F.R. � 24.711(a)(2). By Public Notice released on September 17, 1996, the Wireless Telecommunications Bureau notified winning bidders that the Commission would be granting C block licenses, and that the second half of the down payment would be due on September 24. Of the following eight parties, six 1 submitted late payments and two have not made payment. Carolina PCS I Limited Partnership:
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  • VII. Agreements and Other Instruments Applicants should attach and label as "Exhibit J: Agreements and Other Instruments" an exhibit listing and summarizing all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility for a license for the C block and its eligibility under 47 C.F.R. �� 24.711, 24.712, 24.714, and 24.720, including the establishment of de facto and de jure control. Such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written. See 47 C.F.R. � 24.709(c)(2)(ii); Public Notice, "C
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 47 C.F.R. � 24.711(a)(2) 1 1 DA 96-1273 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) C.H. PCS, Inc. )) Request for Waiver of ) Section 24.711(a)(2) of the ) Commission's Rules ) ORDER Adopted: August 9, 1996 Released: August 9, 1996 By the Chief, Auctions Division: 1. On July 24, 1996, C.H. PCS, Inc. ("CHPCS") filed an Emergency
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  • bidders had defaulted. In the reauction, which closed on July 1 16, 1996, CHPCS was the successful bidder for one license -- license number B347 for the 2 Phoenix, Arizona BTA -- with a net total bid of $213,807,750.00. Consequently, CHPCS was required to submit an initial down payment for the license in the amount of See 47 C.F.R. � 24.711(a)(2). 3 C.H. PCS. Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules (filed July 4 24, 1996). In re C.H. PCS, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, DA 96- 5 1273 (rel. August 9, 1996). CHPCS subsequently met with Bureau staff to discuss the circumstances leading to its default on license
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See Omnipoint Corporation, Broadband PCS Block C Installment Plan Interest Rate for Small Business Licensees - 1 Request for Rule Waiver (December 16, 1996). In addition, the Bureau has received informal requests for waiver of Section 24.711(b)(3) filed by the following parties: Alpine PCS, Communications Venture PCS Limited Partnership, Eldorad o Communications, L.L.C., Horizon Infotech, Inc., KMtel, L.L.C., Mercury PCS, L.L.C., Miccom Associates, Norther n Michigan PCS Consortium, L.L.C., PCSouth, Inc., Savannah Independent PCS Corp., SouthEast Telephone, Ltd., Southern Wireless, L.P., Wireless 2000, Inc.. PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News
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  • extremely unusual circumstances. 8 5. The Bureau's September 17th Public Notice constitutes the "action complained of" See 47 U.S.C. � 405(a). 9 See Letter to Leonard J. Kennedy and Richard S. Denning from William E. Kennard, General Counsel, 10 and Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, DA 96-2123 (rel. December 17, 1996). See 47 C.F.R. � 24.711(b)(3). 11 The Bureau notes that it is soliciting comment on several requests for waiver of Section 24.711(b)(3) of 12 the Commission's Rules determining the interest rate to be paid under Commission installment payments filed by C Block licensees whose licenses were granted on September 17, 1996. See Comment Requested on 7 Percent Interest Rate Imposed on C Block Installment Payment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 98-921 See Omnipoint Corporation, Broadband PCS Block C Installment Plan Interest Rate for Small Business Licensees - 1 Request for Rule Waiver (December 16, 1996). See also informal requests for waiver of Section 24.711(b)(3) filed by the following parties: Alpine PCS, Communications Venture PCS Limited Partnership, Comscape Telecommunications of Charleston License, Inc., DiGiPH PCS, Inc., Eldorado Communications, L.L.C., Horizon Infotech, Inc., KMtel, L.L.C., Mercury PCS, L.L.C., Miccom Associates, Northern Michigan PCS Consortium, L.L.C., PCSouth, Inc., Quantum Communications Group, Inc., Savannah Independent PCS Corp., SouthEast Telephone, Ltd., Southern Wireless, L.P., Wireless 2000, Inc. Formal and
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  • July 31, 1998, along with one-eighth of the Suspension Interest. 47 C.F.R. � 24.819(a)(1)(i) and (ii). See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 2 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972)). See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 3 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 2 In its July 13, 1998 letter to the Commission, TWS states that its June 2, 1998 letter was intended to elect the option of "Amnesty with an Option
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  • further payments based upon its defective status would be debilitating. 47 C.F.R. � 24.819(a)(1)(i) and (ii). See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 5 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972)). See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 6 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 3 Pursuant to Section 24.819 of the Commission's Rules (47 C.F.R. 24.819), waiver of a provision of the PCS rules is appropriate only when a party demonstrates either that
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  • for the Eureka, CA BTA and the Visalia, CA BTA. 47 C.F.R. � 24.819(a)(1)(i) and (ii). See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 8 1166 (D.C. Cir. 1990) (citing WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972)). See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 9 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 3 We agree in many respects with ClearComm's analysis of its election, and find that its June 8, 1998 submission was defective. The Reconsideration Order specified that when electing
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  • do we find that Anishnabe intended to delay its ultimate election by failing to make its election on June 8, 1998. In fact, Anishnabe's lack of a submission poses serious financial hardship for it in that it resulted in its inability to make its suspension payments in eight quarterly installments. See, e.g., BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 5 Memorandum, Opinion and Order, 12 FCC Rcd 3230, 3235 � 7 (1997) (Petition for Review granted in part for other reasons), 12 FCC Rcd 15341 (1997. 3 Anishnabe's waiver request is distinguishable from instances where a waiver would affect the integrity and efficient functioning of the auctions process. A waiver of the election date to
• http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
  • See also Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS, Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); Amendment of the Commission's Cellular/PCS Cross Ownership Rule, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996). 47 C.F.R. � 24.711(b)(3). In addition, there were other installment payment options available for bidders qualifying 9 as entrepreneurs. See 47 C.F.R. �� 24.711(b)(1)-(3). All bidders in the C block auction, however, qualified as small businesses. 47 C.F.R. � 24.716(b)(3). Entrepreneurs were also eligible for less favorable installment payment terms. See 47 10 C.F.R. �� 24.711(b)(1)-(2). See "18 Defaulted Licenses to be Reauctioned; Reauction
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 97-417 -------------------------------------- Carolina PCS I Limited Partnership, Request for Waiver of � 24.711(a)(2) of the Commission's Rules 1 Regarding Market Nos. B016, B072, B091, B147, B177, B178, B312, B335 and B436, Application for Review, filed May 28, 1997 ("Application for Review"). Carolina PCS I Limited Partnership, Request for Waiver of � 24.711(a)(2) of the Commission's Rules 2 Regarding Market Nos. B016, B072, B091, B147, B177, B178, B312, B335, and B436, Order, DA 97-890
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  • Provide Broadband PCS in Basic 6 Trading Areas: Auction Event No. 5," Public Notice, DA 96-716 (released May 8, 1996). See "FCC Announces Winning Bidders in the Reauction of 18 Licenses to Provide Broadband PCS in Basic 7 Trading Areas: Auction Event No. 10," Public Notice, DA 96-1153, 11 FCC Rcd. 8183 (released July 17, 1996). See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which 8 the licensee was eligible. See 47 C.F.R. � 24.712. See Second Report and Order, 12 FCC Rcd at 16,437-38 para. 2 and 16,444-46 paras. 15-17. 9 See C Block Second Report and Order, 12 FCC Rcd at 16,470-76 paras. 70-76; C Block Reconsideration
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 98-220 ______________________________________________________________________________ Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's 1 Rules Regarding Various BTA Markets, Application for Review (filed May 28, 1997) ("Application for Review"). 1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of )) Mountain Solutions Ltd., Inc. ) Emergency Petition for Waiver of ) Section 24.711(a)(2) of the Commission's Rules ) Regarding Various BTA Markets ) in the Broadband Personal
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  • Resume July 31, 1998," Public Notice, DA 98-741 (released April 17, 1998). Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications 2 Services (PCS) Licensees,WT Docket No. 97-82, Order on Reconsideration of the Second Report and Order, 13 FCC Rcd 8345 (1998). Airadigm Request for Rule Waiver at 3 (seeking a partial waiver of 47 C.F.R. � 24.711(b) and a waiver of � 3 1.2110(f)(4)). In light of our denial of Airadigm's request, and as requested by Airadigm, we will return Airadigm's supplemental pleading containing privileged and confidential information. Id. at 2. 4 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) Requests for Extension of the Commission's ) WT Docket No. 97-82 Initial
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  • licenses. Installment payments directly address the significant barriers that smaller businesses face in accessing private financing. With 239 the expectation of enormous costs associated with obtaining and operating a broadband PCS license, installment payments provide low-cost government financing that reduces the amount of Id. at � 136. 240 Id. at � 137. 241 Id. 242 See generally 47 C.F.R. � 24.711. 243 Fifth Report and Order, FCC 94-178 at �� 139-140. 244 Vanguard Cellular Systems, Inc. Opposition to Petitions for Reconsideration (Vanguard 245 Opposition), filed Sept. 9, 1994, at 2-4. Id. at 4. 246 Small Business PCS Association Petition for Reconsideration (SBPCS Petition), filed Aug. 22, 247 1994, at 2-3. Hernandez Petition at 5. 248 54 private financing needed before and
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  • the C Block license. The remainder of the winning bidder's down payment, an additional five (5) percent of the applicant's net winning bid, is due within five (5) business days after the license is granted. All license grants will be conditioned on timely payments of the remaining down payment and all installment payments as set forth in 47 C.F.R. � 24.711 of the Commission's Rules. Once the final down payment is received, the license is awarded. IV. Default and Disqualification After bidding closes, a defaulting auction winner (i.e., a winner who fails to remit the required down payment within the prescribed period of time, fails to submit a long-form application, fails to make full payment, or is otherwise disqualified) will be
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • will need to be submitted, and the location where the application must be filed. Sec. 24.706 Submission of upfront payments and down payments. (a) Where the Commission uses simultaneous multiple round auctions or oral sequential auctions, bidders will be required to submit an upfront payment in accordance with � 1.2106 of this chapter, paragraph (c) of this section, and �� 24.711(a)(1) and 24.716(a)(2). (b) Winning bidders in an auction must submit a down payment to the Commission in accordance with � 1.2107(b) of this chapter and �� 24.711(a)(2) and 24.716(a)(2). (c) Each eligible bidder for licenses on frequency Blocks D and E subjuct to auction shall pay an upfront payment of $0.06 per MHz per pop for the maximum number of
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  • Inc., Request for Limited Rule Waiver to Comply with PCS Installment Payment for C Bock Licenses in the Cleveland, TN BTA, Memorandum Opinion & Order, FCC 00-433 at � 10 (rel. December 21, 2000) (holding that a failure to appropriately manage business arrangements does not justify waiver of the automatic cancellation rule); BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230, 3235 � 8 (1997) (holding that the failure of a third party to perform its contractual obligation does not constitute a special circumstance justifying a waiver of the down payment default rule). 47 C.F.R. � 0.331. Mr. Lou Ebert July 25, 2001 Washington, DC 20554 � J">��PNG D
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  • of megahertz of the spectrum block 200 multiplied by the population of the relevant service area. This measurement may also be referred to as "bidding units." The MHz-pops/bidding units measurement is used in the activity rules, stage transition rules, and bid increment rules. See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5593. See also 47 C.F.R. � 24.711(a)(2) and 47 201 C.F.R. � 24.716(a)(2). 47 C.F.R � 24.716(a)(2). 202 AirLink Comments at 13; Alliance Comments at 7; NatTel Comments at 3. See also PCIA Comments at 11-12. 203 Sprint Comments at 3-4; Auction Strategy Comments at 3; USIW Comments at 7; Alliance Comments at 7; Liberty 204 Comments at 7-8; Antigone Comments at 8; NCMC Comments at 10;
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  • See also Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS, Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); Amendment of the Commission's Cellular/PCS Cross Ownership Rule, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996). 47 C.F.R. � 24.711(b)(3). In addition, there were other installment payment options available for bidders qualifying 9 as entrepreneurs. See 47 C.F.R. �� 24.711(b)(1)-(3). All bidders in the C block auction, however, qualified as small businesses. 47 C.F.R. � 24.716(b)(3). Entrepreneurs were also eligible for less favorable installment payment terms. See 47 10 C.F.R. �� 24.711(b)(1)-(2). See "18 Defaulted Licenses to be Reauctioned; Reauction
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 97-417 -------------------------------------- Carolina PCS I Limited Partnership, Request for Waiver of � 24.711(a)(2) of the Commission's Rules 1 Regarding Market Nos. B016, B072, B091, B147, B177, B178, B312, B335 and B436, Application for Review, filed May 28, 1997 ("Application for Review"). Carolina PCS I Limited Partnership, Request for Waiver of � 24.711(a)(2) of the Commission's Rules 2 Regarding Market Nos. B016, B072, B091, B147, B177, B178, B312, B335, and B436, Order, DA 97-890
• 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
  • licenses. Installment payments directly address the significant barriers that smaller businesses face in accessing private financing. With 239 the expectation of enormous costs associated with obtaining and operating a broadband PCS license, installment payments provide low-cost government financing that reduces the amount of Id. at � 136. 240 Id. at � 137. 241 Id. 242 See generally 47 C.F.R. � 24.711. 243 Fifth Report and Order, FCC 94-178 at �� 139-140. 244 Vanguard Cellular Systems, Inc. Opposition to Petitions for Reconsideration (Vanguard 245 Opposition), filed Sept. 9, 1994, at 2-4. Id. at 4. 246 Small Business PCS Association Petition for Reconsideration (SBPCS Petition), filed Aug. 22, 247 1994, at 2-3. Hernandez Petition at 5. 248 54 private financing needed before and
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  • 18, 2000) (listing ``Upper Band Licenses to be Auctioned'' at the end of Attachment A). This conclusion is also true for the withdrawal payment that may be owed with respect to EA 173B. Supra, n. 3. Grand Connectivity Order, 14 FCC Rcd. at 13946 (� 6). In the Matter of Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25) (1998). Id. The Auctions and Industry Analysis Division of the Wireless Communications Bureau assessed a three percent default deposit in another case as well. See In the Matter of C.H. PCS,
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  • There is no indication in the record that the late wire transfer was part of a deliberate effort by High Tech to delay payment. Rather, High 10 Tech's pleadings and actions demonstrate that it had every intention of meeting its payment obligation on Federal Communications Commission DA 99-1788 Id. at 891 (citing BDPCS, Inc., Emergency Petition for Waiver of Section 24.711 (a)(2) of the Commission's Rules, 11 Memorandum Opinion and Order, 12 FCC Rcd. 3230 � 7 (1997)). Id. at 892 (citation omitted). 12 Id. 13 Id. 14 3 time. The record shows, for example, that High Tech secured the loan of $700,000 from Banco Popular in February 1998, and instructed the bank to transfer payment of the balance of its
• http://wireless.fcc.gov/auctions/17/releases/da981920.pdf http://wireless.fcc.gov/auctions/17/releases/da981920.txt http://wireless.fcc.gov/auctions/17/releases/da981920.wp
  • Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Jerry R. James, General Manager, Craw-Kan Telephone Cooperative, Inc, dated May 29, 1998 ("Craw-Kan"); Letter to Kathleen O'Brien Ham, Chief, Wireless Telecommunications Bureau Auctions and Industry Analysis Division, Federal Communications Commission, from Kenneth Lund, Jr., General Manager, Northwest Communications Cooperative, dated June 29, 1998 ("Northwest"). See, e.g., Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate 2 on Installment Payments for C Block PCS Licenses, Order, 13 FCC Rcd 10230, 10230 (1998). In addressing these waiver requests in a single order, however, we are mindful of our duty to decide each request on the individual facts presented by each petitioner. See WAIT Radio v. FCC, 418 F.2d 1153,
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  • facts, however, do not distinguish it from other LMDS licensees, several of which are rural LECs serving low-density areas that are outside the largest city or population center in their BTAs. As the Divisions noted in the LMDS Waiver Order, the Commission determined that such entities should not be excluded from the rule. See, e.g., Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate on Installment Payments for C Block PCS Licensees, Order, 13 FCC Rcd 10230 (WTB 1998) (denying 17 waiver requests); Requests for Waivers in the First Auction of 594 Interactive Video and Data Service Licenses, Order, 9 FCC Rcd 6384 (WTB 1994) (denying 13 waiver requests). Although the arguments raised in the waiver
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • Second 493 Report and Order that as a general rule we will base upfront payments on a formula of $0.02 per MHz-pop for the largest combination of MHz-pops a bidder anticipates being active on in any Federal Communications Commission FCC 97-82 For example, entrepreneurs bidding for C block licenses paid upfront payments of $0.15 per MHz-pop. 47 CFR � 494 24.711(a)(1). CellularVision Comments to Third NPRM at 33. 495 Id. at 33-34. 496 Id. 497 Id. 498 ComTech Comments to Third NPRM at 13. 499 Id. See also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2379 (paras. 180-187). 500 PAGE 136 single round of bidding. We have varied our upfront payments for certain services. We 494 generally, however,
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • the Communications Act -- Competitive Bidding, PP Docket No. 93-253, 492 Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7249-50 (para. 12) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Third NPRM, 11 FCC Rcd at 113 (para. 167). 493 For example, entrepreneurs bidding for C block licenses paid upfront payments of $0.15 per MHz-pop. 47 CFR � 494 24.711(a)(1). CellularVision Comments to Third NPRM at 33. 495 Id. at 33-34. 496 Id. 497 327. In the Competitive Bidding Second Report and Order, as modified by the Competitive Bidding Second Memorandum Opinion and Order, we established general procedural and payment rules for auctions, but also stated that such rules may be modified on a service-specific basis. We will generally follow
• http://wireless.fcc.gov/auctions/21/releases/da001715.doc http://wireless.fcc.gov/auctions/21/releases/da001715.pdf http://wireless.fcc.gov/auctions/21/releases/da001715.txt
  • Financing For Personal Commun-ications (PCS) Licensees, Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Second Order on Reconsideration of the Second Report and Order, 14 FCC Rcd. 6571, 6581, n.66 (� 17)(1999). Grand Connectivity Order, 14 FCC Rcd. at 13946 (� 6). Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). Id.; see also C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). We are simultaneously releasing an order denying Metro-Trak's request for an extension of payment deadline for
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  • C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R � 1.2106(e). See "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, 11 FCC Rcd. 10853 (WTB: 1996). See Grand Connectivity, Order, 14 FCC Rcd. at 13946 (� 6). See In the Matter of Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). See Appendix A, infra, for calculation on remaining deposit. Id.; see also In the Matter of C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). We are simultaneously
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit See infra Appendix for a list of the CHPCS long-form applications being dismissed. 1 47 C.F.R. � 24.711(a)(2). See also 47 C.F.R. �24.708(b), which states that a bidder that defaults on a payment 2 due will be subject to the payments specified in Section 1.2109 of the Commission's rules. PBB124C (El Centro, CA), PBB144C (Flagstaff, AZ), PBB222C (Kahului, HI), PBB322C (Nogales, AZ), 3 PBB362C (Prescott, AZ), PBB420C (Sierra Vista, AZ), and PBB486C (Yuma, AZ). See Public Notice, Entrepreneurs'
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  • in Commission auctions do not earn interest on their upfront payments or down payments. Rather, the accrued interest on these funds is transferred to the Telecommunications Development Fund. See Communications Act � 309(j)(8)(C), 47 U.S.C. � 309(j)(8)(C); 47 C.F.R. �� 1.2106(a) and 1.2107(b). Mountain Solutions Comments at 1-3; see Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of 18 Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, FCC 98-220 (rel. October 1, 1998), appeal docketed, No. 98-1503 (D.C. Cir. October 30, 1998). 47 C.F.R. � 1.2104(g)(2). 19 Mountain Solutions Comments at 2. Under the Commission's rules, Mountain Solutions is also liable for an 20 additional
• http://wireless.fcc.gov/auctions/22/releases/da990528.pdf
  • Notice, at Att. A (rel. January 21, 1999); "C, D, E, & F Block Broadband PCS Auction; BTA � Basic Trading Area; March 23, 1999," Bidder Information Package ("Bidder Information Package") at Tab A, pp. 17-24. 2 See Mountain Solutions, Ltd., Inc., Order, DA 99-517 (rel. March 16, 1999). 3 See Longstreet Communications International, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market No. B012, Memorandum Opinion and Order, DA-522 (rel. March 16, 1999). B406D (Santa Barbara, CA), B405F (San Luis Obispo, CA),4 B490F (Guam), and B493F (Northern Marianas Islands). Attachment F, which contains round results file formats for use during the auction, corrects and replaces the Attachment F released in a Public Notice on March 10,
• http://wireless.fcc.gov/auctions/22/releases/da991821.pdf
  • ABC Wireless was the high bidder in Auction 22 for two licenses for Lawrence, Kansas (B247), and Manhattan, Kansas (B275). Mountain Solutions had been the high bidder for these licenses in the original PCS C block auction that concluded on May 6, 1996.3 However, Mountain Solutions failed to make its second down payment for these licenses as required by section 24.711(a)(2) of the Commission's rules.4 On October 1, 1998, the Commission denied an Application for Review filed by Mountain Solutions, which sought review of a Wireless Telecommunications Bureau Order denying Mountain Solutions's Emergency Petition for Waiver of the Commission's down payment deadline rule.5 Following 1 Petition to Deny filed by Mountain Solutions Ltd., Inc., June 3, 1999. 2 Petition at 4.
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  • Provide Broadband PCS in Basic 6 Trading Areas: Auction Event No. 5," Public Notice, DA 96-716 (released May 8, 1996). See "FCC Announces Winning Bidders in the Reauction of 18 Licenses to Provide Broadband PCS in Basic 7 Trading Areas: Auction Event No. 10," Public Notice, DA 96-1153, 11 FCC Rcd. 8183 (released July 17, 1996). See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which 8 the licensee was eligible. See 47 C.F.R. � 24.712. See Second Report and Order, 12 FCC Rcd at 16,437-38 para. 2 and 16,444-46 paras. 15-17. 9 See C Block Second Report and Order, 12 FCC Rcd at 16,470-76 paras. 70-76; C Block Reconsideration
• http://wireless.fcc.gov/auctions/22/releases/pcsbipb.pdf
  • strongly encouraged to conduct their own research prior to Auction No. 22 in order to determine the existence of pending proceedings that might affect their decisions regarding participation in the auction. Participants in Auction No. 22 are strongly encouraged to continue such research during the auction. Memorandum Opinion and Order, Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, FCC 98-220 (rel. October 1, 1998): Appeal docketed, No. 98-1503 (D.C. Cir. October 30, 1998). Petition for Waiver of the June 8, 1998 Election Date for Personal Communications Services C-Block Licenses and Request for Leave to Amend Election Notice: Petition for Waiver
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • Provide Broadband PCS in Basic 6 Trading Areas: Auction Event No. 5," Public Notice, DA 96-716 (released May 8, 1996). See "FCC Announces Winning Bidders in the Reauction of 18 Licenses to Provide Broadband PCS in Basic 7 Trading Areas: Auction Event No. 10," Public Notice, DA 96-1153, 11 FCC Rcd. 8183 (released July 17, 1996). See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which 8 the licensee was eligible. See 47 C.F.R. � 24.712. See Second Report and Order, 12 FCC Rcd at 16,437-38 para. 2 and 16,444-46 paras. 15-17. 9 See C Block Second Report and Order, 12 FCC Rcd at 16,470-76 paras. 70-76; C Block Reconsideration
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  • bidders down payment was delayed by two days because of mistake involving wire transfer); Magnacom Wireless, L.L.C. Request for Waiver of 24.716(a)(2), Order, 13 FCC Rcd 766 (1998) (Magnacom) (Wireless Telecommunications Bureau granted waiver of payment deadline where bidder was eight business days late with payment because of accounting error); Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2), Memorandum Opinion and Order, 12 FCC Rcd 22938 (1997) (Carolina PCS) (Commission granted waiver of payment deadline where funds were available in an escrow account immediately following payment deadline, but not submitted due to investor uncertainty about whether Commission would accept late payment); Cenkan Tower, L.L.C., Order, 12 FCC Rcd 1516 (WTB 1997) (partial waiver granted where failure to pay
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  • facts, however, do not distinguish it from other LMDS licensees, several of which are rural LECs serving low-density areas that are outside the largest city or population center in their BTAs. As the Divisions noted in the LMDS Waiver Order, the Commission determined that such entities should not be excluded from the rule. See, e.g., Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate on Installment Payments for C Block PCS Licensees, Order, 13 FCC Rcd 10230 (WTB 1998) (denying 17 waiver requests); Requests for Waivers in the First Auction of 594 Interactive Video and Data Service Licenses, Order, 9 FCC Rcd 6384 (WTB 1994) (denying 13 waiver requests). Although the arguments raised in the waiver
• http://wireless.fcc.gov/auctions/23/releases/da991726.pdf http://wireless.fcc.gov/auctions/23/releases/da991726.txt http://wireless.fcc.gov/auctions/23/releases/da991726.wp
  • the close of the auction. Id. at 3-4. Requests for Waivers in the First Auction of 594 Interactive Video and Data Service Licenses, Order, 9 FCC Rcd. 28 6384, 6385 (CAB 1994) (IVDS Waiver Order), review denied, 10 FCC Rcd 12153, 12155 (1995), recon. denied, 11 FCC Rcd 8211, 8216-17 (1996). See BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, 29 Memorandum Opinion and Order, FCC 96-498, � 8 (rel. January 6, 1997). Waiver Request at 3. 30 BDPCS, Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules, Memorandum 31 Opinion and Order, FCC 97-300, � 12 (rel. Sept. 29, 1997) (bidder maintained high bids on 16 licenses and continued bidding on one
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  • FCC Rcd at 425, para. 86; see 47 C.F.R. � 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. � 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. �� 24.711, 24.716. We note that the Balanced Budget Act of 1997 provides that "before the issuance of bidding rules," the Commission must provide adequate time for parties to comment on proposed auction procedures. Balanced Budget Act of 1997, Pub. L. 105-33, � 3002(a)(1)(B)(iv), 111 Stat. 251, 259 (codified at 47 U.S.C. � 309(j)(3)(E)(i)). Accordingly, it has been the practice of the
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  • of C block spectrum on the basis of the eligibility exception set forth in paragraph (b)(9)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (b)(9)(i). * * * * * (d) * * * (1) Applicants and licensees claiming eligibility for closed bidding under this section or for other provisions under �� 24.711 through 24.720 shall be subject to audits by the Commission, using in- house and contract resources. Selection for audit may be random, on information, or on the basis of other factors. * * * * * (e) Tiers. (1) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see �
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  • Public Notice, DA 00-1246 (rel. June 7, 2000). See 47 U.S.C. � 309(j)(4)(D). The installment payment plan for C block permitted licensees that qualified as small businesses to pay 90% of the bid price over a period of ten years, with interest paid for the first six years and interest and principal for the remaining four. See 47 C.F.R. � 24.711(b)(3)(1996). The installment payment plan for F block permitted licensees that qualified as small businesses to pay 80% of the bid price over a period of ten years, with interest paid for the first eight years and interest and principal for the remaining two. See 47 C.F.R. � 24.716(b)(3)(1997). All but two bidders in the 1996 C block auction qualified as
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=10&page=O
  • Commission's Report and Order in WT Docket No. 96-59 and GN Docket No. 90-314. Finally, this Order reinstates provisions which, in the Competitive Bidding Sixth Report and Order, were inadvertently eliminated from one of the Commission's competitive bidding rules. [53]pdf - [54]text - [55]Word 6/2/1999 MEMORANDUM OPINION AND ORDER (FCC 99-128) In the Matter of Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate on Installment Payments for C Block PCS Licenses; Petitions for Reconsideration of Note and Security Agreement for C Block PCS Licensees This Order dismisses the Application for Review filed by the "Joint C-Block" Applicants and denies the Application for Review filed by Omnipoint Corporation and Savannah Independent PCS Corporation. [56]pdf - [57]text
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=11&page=P
  • by Antigone Communications Limited Partnership and PCS Devco, Inc. for an extension of time to file oppositions to petitions for reconsideration of the Second Report and Order released October 16, 1997 by the Commission. [83]pdf - [84]text - [85]WordPerfect 12/24/1997 MEMORANDUM OPINION AND ORDER (FCC 97-417) In the Matter of Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding BTA Nos. B016, B072, B091, B147, B177, B178, B312, B335, and B436, Frequency Block C This MO & O concludes that the Carolina PCS I Limited Partnership (CPCSI) Application for Review should be granted and that CPCSI is entitled to a partial waiver of Section 24.711(a)(2) of the Commission's rules. [86]pdf - [87]text - [88]WordPerfect
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=22&page=O
  • Order denies OPM Auction Co.'s Petition for Emergency Relief in the form of the immediate reinstatement of a pre-final round bid as the winning bid in Auction 22, the C, D, E and F block broadband PCS license auction. [74]pdf - [75]text - [76]WordPerfect 6/2/1999 MEMORANDUM OPINION AND ORDER (FCC 99-128) In the Matter of Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate on Installment Payments for C Block PCS Licenses; Petitions for Reconsideration of Note and Security Agreement for C Block PCS Licensees This Order dismisses the Application for Review filed by the "Joint C-Block" Applicants and denies the Application for Review filed by Omnipoint Corporation and Savannah Independent PCS Corporation. [77]pdf - [78]text
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=5&page=O
  • Broadband PCS C-Block Long-Form Applications for Auction Event No. 5 This MO&O denies CHPCS's Petition for Reconsideration of the Bureau's Dismissal Notice which dismissed long-form applications for 7 broadband PCS C block licenses which CHPCS was the winning bidder. [100]pdf - [101]text - [102]WordPerfect 6/2/1999 MEMORANDUM OPINION AND ORDER (FCC 99-128) In the Matter of Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate on Installment Payments for C Block PCS Licenses; Petitions for Reconsideration of Note and Security Agreement for C Block PCS Licensees This Order dismisses the Application for Review filed by the "Joint C-Block" Applicants and denies the Application for Review filed by Omnipoint Corporation and Savannah Independent PCS Corporation. [103]pdf - [104]text
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1996&m=8
  • Public Notice announces the WTB, under delegated authority, granted the applications listed in Attachment A hereto for Major Trading Area (MTA) licenses in the Specialized Mobile Radio Service (SMR) in the 896-901 MHz bands. [78]pdf - [79]text - [80]WordPerfect Attachment A: [81]xls 8/9/1996 ORDER (DA 96-1273) Auction [82]10 In the Matter of C.H. PCS, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules This Order denies the Emergency Petition for Waiver, filed by C.H. PCS, Inc., requesting that the Commission extend the deadline for submission of the down payment. [83]pdf - [84]text - [85]WordPerfect 8/6/1996 PUBLIC NOTICE (DA 96-1235) Auction [86]11 Auction of Broadband Personal Communications Service (D, E, and F Blocks), Status of Applications to Participate in Auction
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=1
  • Auction [69]12 Texas 18 - Edwards, RSA 669 A License Withdrawn from Cellular Unserve Area Auction This Public Notice announces the Texas 18 - Edwards license, CDR669A, is withdrawn from Auction No. 12 following approval of a full market settlement. [70]pdf - [71]text - [72]WordPerfect 1/6/1997 MEMORANDUM OPINION AND ORDER (FCC 96-498) Auction [73]5 Emergency Petition for Waiver of Section 24.711(a)92) of the Commission's Rules This MO&O denies BDPCS, Inc.'s emergency petition for waiver of section 24.711(a)(2) of the Commission's rules. [74]pdf - [75]text - [76]WordPerfect 1/6/1997 PUBLIC NOTICE (DA 97-16) Auction [77]12 Auction of Cellular Unserved Area Licenses (Auction No. 12) This Public Notice identifies applicants who have been found qualified to bid in the auction for certain cellular unserved
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=12
  • Communications Limtied Partnership and PCS Devco, Inc. for an extension of time to file oppositions to petitions for reconsideration of the Second Report and Order released October 16, 1997 by the Commission. [49]pdf - [50]text - [51]WordPerfect 12/24/1997 MEMORANDUM OPINION AND ORDER (FCC 97-417) Auction [52]5 In the Matter of Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding BTA Nos. B016, B072, B091, B147, B177, B178, B312, B335, and B436, Frequency Block C This MO & O concludes that the Carolina PCS I Limited Partnership ("CPCSI") Application for Review should be granted and that CPCSI is entitled to a partial waiver of Section 24.711(a)(2) of the Commission's rules. [53]pdf - [54]text - [55]WordPerfect
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=4
  • use in manual filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Releases By Year 1997 [43]FCC Site Map Auctions Releases for April 1997 4/28/1997 ORDER (DA 97-891) Auction [44]5 In the Matter of Mountain Solutions LTD, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market Nos. B053, B168, B172, B187, B188, B224, B247, B275, B366, and B381 This Order denies the Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's rules and associated Motion to Enter into Consent Decree, filed by Moutain Solutions. [45]pdf - [46]text - [47]WordPerfect 4/28/1997 ORDER (DA 97-890) Auction [48]5 In the Matter of
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1997&m=9
  • manual filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Releases By Year 1997 [43]FCC Site Map Auctions Releases for September 1997 9/29/1997 MEMORANDUM OPINION AND ORDER (FCC 97-300) Auction [44]5 In the Matter of BDPCS, Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules This Memorandum Opinion and Order grants in part and denies in part the Petition for Reconsideration filed by BDPCS, Inc. on February 5, 1997. [45]pdf - [46]text - [47]WordPerfect 9/25/1997 NEWS Auction [48]5 News FCC Adopts Menu Of Options For Modifying C Block Payments; Seeks Comment On Implementation Of Options. [49]HTML - [50]text 9/25/1997 Auction [51]10
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1998&m=10
  • notice corrects and replaces Attachment A of an earlier public notice (DA 98-1879, rel. 9/23/98) announcing the auction and filing requirements for 528 Multilateration Location and Monitoring Service licenses. [84]pdf - [85]text - [86]WordPerfect Attachment A: [87]xls 10/1/1998 MEMORANDUM OPINION AND ORDER (FCC 98-220) Auction [88]5 In the Matter of Mountain Solutions Ltd., Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction This MO&O denies an Application for Review filed by Mountain Solutions, LTD., Inc. on May 28, 1997, seeking review of a Bureau Order denying an Emergency Petition for Waiver of Section 24.711(a)(2) [89]pdf - [90]text - [91]WordPerfect 10/1/1998 MEMORANDUM OPINION AND ORDER
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=6
  • in the 746-764 MHz and 776-794 MHz bands that have been reallocated from use solely for the Broadcasting service. These proposed service rules include provisions for application licensing, technical and operating rules, and competitive bidding. [58]pdf - [59]text - [60]WordPerfect 6/2/1999 MEMORANDUM OPINION AND ORDER (FCC 99-128) Auction [61]5, [62]10, [63]22 In the Matter of Requests for Waiver of Section 24.711(b)(3) of the Commission's Rules Establishing the Interest Rate on Installment Payments for C Block PCS Licenses; Petitions for Reconsideration of Note and Security Agreement for C Block PCS Licensees This Order dismisses the Application for Review filed by the "Joint C-Block" Applicants and denies the Application for Review filed by Omnipoint Corporation and Savannah Independent PCS Corporation. [64]pdf - [65]text
• http://wireless.fcc.gov/auctions/general/releases/DA-12-442.doc
  • before initiating the wire transfer (but on the same business day). For questions regarding the submission of payment, and the FCC Form 159, contact Gail Glasser, Office of the Managing Director, Financial Operations, Auctions Accounting Group, at (202) 418-0578. See ``Entrepreneurs' C Block Auction Closes,'' Public Notice, DA-96-716 (May 8, 1996). Longstreet Communications International, Inc. Request for Waiver of Section 24.711(A)(2) of the Commission's Rules Regarding Market No. B012, Order, 12 FCC Rcd. 1549 (1997). Id. See Longstreet Communications International, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market No. B012, Order, 14 FCC Rcd 4032 (WTB 1999). Id.; see also Longstreet Communications International, Inc., Order, 15 FCC Rcd 8562 (2000) (Interim Default Order). In 1998, the
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • bidding rules for a number of services.12 A consequence of the adoption of these service-specific competitive bidding rules was an unnecessary variation in procedures across services.13 Additionally, portions of the Part 1 general competitive bidding rules were repeated almost verbatim in the service-specific competitive bidding 6 E.g., 47 C.F.R. � 101.538(a)(7) ("and" is changed to "or"). 7 47 C.F.R. � 24.711(b) (installment payments for broadband PCS C block licenses). 8 Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 530-31 (1998) ("Part 1 Third Report and Order"); Section 309(j) of the Communications Act - Competitive Bidding, Sixth Report and Order, 11 FCC
• 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
  • 180 days sufficient to pay the late fees, interest, and principal, will be deemed to have failed to make full payment on Federal Communications Commission DA 98-419 CIRI Comments at 15-16. 336 PCIA Comments at 7; AirTouch Comments at 9. 337 AirTouch Comments at 9. 338 See Section III.D.b, supra. See also BDPCS, Inc. Emergency Petition for Waiver of Section 24.711(a)(2) of 339 the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 3230 (1997). See Report to Congress at 39. 340 47 C.F.R. �� 1.2104(g), 1.2110(e)(4)(iii). See also 31 U.S.C. Chapter 37; 4 C.F.R. Parts 101-105; 47 C.F.R. 341 Part 1, Subpart O. 5 its obligation and will be subject to license cancellation pursuant to Section 1.2104(g)(2) of the Commission's
• 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
  • Petition at 1-3. See also DiGiPH Petition at 5 (referencing C block notes); Alpine PCS Petition at 6-7 (same). Cf. NextWave Petition at 5-7 (Commission should reconcile its seemingly conflicting roles of regulator and party to commercial contract). See CONXUS Petition at 7-8; CTI Petition at 8-9. See also In-Sync Comments at 6. 47 C.F.R. � 95.816. 47 C.F.R. � 24.711. 47 C.F.R. � 24.716. See American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12384 (1996). 47 C.F.R. � 24.309. 47 C.F.R. � 90.812. 47 C.F.R. � 21.960. 218-219 MHz Service Order and NPRM, 13 FCC Rcd at 19072-19074, �� 12-14. Amendment of Part 95 of the Commission's Rules to
• 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
  • definition of small business in 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
• 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
  • definition of small business in 800 MHz and 900 MHz SMR); 38 47 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) ($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
• http://wireless.fcc.gov/releases/da02508.pdf http://wireless.fcc.gov/releases/da02508.txt
  • prepared to grant the fifteen (15) licenses listed in Attachment A to this Public Notice, upon the full and timely payment of the remaining balance of the applicant's winning bids. Such payment must be received by the Commission within ten (10) business days after the date of this Public Notice (i.e., by March 18, 2002). See 47 C.F.R. �� 1.2109(a), 24.711(a)(2), 24.716(a)(2). If the winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline, as specified by the Commission, it may pay the remaining balance within ten (10) business days after the payment deadline (i.e., by April 1, 2002), provided that it also pays a late fee equal to five percent of
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=10
  • licensees requests seeking waiver of the October 29, 1998, payment deadline for licensees that failed to meet the July 31, 1998, installment payments deadline.http://wireless.fcc.gov/auctions/default.htm?job=release&id=51 &y=1998Thu, 29 Oct 98 09:55:16 ESTThis MO&O denies an Application for Review filed by Mountain Solutions, LTD., Inc. on May 28, 1997, seeking review of a Bureau Order denying an Emergency Petition for Waiver of Section 24.711(a)(2)http://wireless.fcc.gov/auctions/default.htm?job=release&id =52&y=1998Thu, 01 Oct 98 09:55:16 ESTThis Public Notice provides guidance to licensees participating in installment payment programs regarding the revised Part 1 rules governing grace periods and installment payments.http://wireless.fcc.gov/auctions/default.htm?job=release&id=8& y=1998Fri, 18 Sep 98 09:55:17 ESTThis Order resolves the Commission's proposals in its C Block Further Notice of Proposed Rule Making and sets forth the rules that will govern reauction of
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • 24.716 of the Commission's Rules and the terms of the Commission's installment plan as set forth in the Note and Security Agreement execut|ed by the licensee. Failure to comply with this condition will result in the automatic cancellation of this authorization.||||P 77|PC|This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 24.711 of the Commission's Rules and the terms of the Commission's installment plan as set forth in the Note and Security Agreement execut|ed by the licensee. Failure to comply with this condition will result in the automatic cancellation of this authorization.||||P 78|PC|This authorization is subject to the condition that the remaining balance of the winning bid amount will be paid in
• 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
  • also Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS, Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); Amendment of the Commission's Cellular/PCS Cross Ownership Rule, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996). 9 47 C.F.R. � 24.711(b)(3). In addition, there were other installment payment options available for bidders qualifying as entrepreneurs. See 47 C.F.R. �� 24.711(b)(1)-(3). All bidders in the C block auction, however, qualified as small businesses. 10 47 C.F.R. � 24.716(b)(3). Entrepreneurs were also eligible for less favorable installment payment terms. See 47 C.F.R. �� 24.711(b)(1)-(2). 11 See "18 Defaulted Licenses to be Reauctioned; Reauction
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.wp
  • limited eligibility in the initial C block auctions to entrepreneurs and small businesses. The C block auction concluded on May 6, 1996, and the subsequent reauction of defaulted licenses concluded on July 16, 1996, with a total of 90 bidders winning 493 licenses. The winning bidders were permitted to pay Federal Communications Commission FCC 98-46 4 See 47 C.F.R. � 24.711(b)(3). The net bid price is equal to the winning bid less any bidding credit for which the licensee was eligible. See 47 C.F.R. � 24.712. 5 See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17,325 (WTB 1997). 6 Id., 12 FCC Rcd at 17,325 para. 1. 7 See "FCC Announces Grant of Broadband Personal Communications Services D, E,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992375.doc
  • period (with a five percent late fee), followed by a subsequent 90-day automatic grace period (with an additional ten percent late fee). Thus, the October 31, 1998 payment was due, at the latest, by April 29, 1999 (including the 15 percent late fee). . On April 29, 1999, Southern Communications Systems, Inc. ("Southern") filed a request for waiver of Section 24.711(b) of the Commission's Rules, the PCS installment payment rule. Southern contends that it was aware of the April 29 payment deadline but was unable to transfer the funds in a timely manner due to the illness of its financial officer. Southern requested an additional two days to make its payment, and did transfer funds to the Commission two days after
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992836.doc
  • 2391 � 240. See 218-219 MHz Fourth Report and Order, 9 FCC Rcd. at 2335. Interactive Video and Data Service (IVDS) Licenses; Request to Extend Payment Deadline, Memorandum Opinion and Order, 11 FCC Rcd. 5240, 5243 � 12 (WTB 1996), aff'd, Styles MO&O, 12 FCC Rcd. at 17992 � 9. Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding BTA Nos. B016, B072, B091, B147, B177, B178, B312, B335, and B436, Frequency Block C, Memorandum Opinion and Order, 12 FCC Rcd. 22938 (1997) (Carolina PCS). Carolina PCS, 12 FCC Rcd. at 22944 � 14. Id. See, e.g., Cenkan Tower, L.L.C., Order 12 FCC Rcd. 1516 (WTB 1997) (partial waiver granted where failure to pay
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000556.doc
  • bidders down payment was delayed by two days because of mistake involving wire transfer); Magnacom Wireless, L.L.C. Request for Waiver of 24.716(a)(2), Order, 13 FCC Rcd 766 (1998) (Magnacom) (Wireless Telecommunications Bureau granted waiver of payment deadline where bidder was eight business days late with payment because of accounting error); Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2), Memorandum Opinion and Order, 12 FCC Rcd 22938 (1997) (Carolina PCS) (Commission granted waiver of payment deadline where funds were available in an escrow account immediately following payment deadline, but not submitted due to investor uncertainty about whether Commission would accept late payment); Cenkan Tower, L.L.C., Order, 12 FCC Rcd 1516 (WTB 1997) (partial waiver granted where failure to pay
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001522.doc
  • 18, 2000) (listing ``Upper Band Licenses to be Auctioned'' at the end of Attachment A). This conclusion is also true for the withdrawal payment that may be owed with respect to EA 173B. Supra, n. 3. Grand Connectivity Order, 14 FCC Rcd. at 13946 (� 6). In the Matter of Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25) (1998). Id. The Auctions and Industry Analysis Division of the Wireless Communications Bureau assessed a three percent default deposit in another case as well. See In the Matter of C.H. PCS,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001715.doc
  • Financing For Personal Commun-ications (PCS) Licensees, Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Second Order on Reconsideration of the Second Report and Order, 14 FCC Rcd. 6571, 6581, n.66 (� 17)(1999). Grand Connectivity Order, 14 FCC Rcd. at 13946 (� 6). Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). Id.; see also C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). We are simultaneously releasing an order denying Metro-Trak's request for an extension of payment deadline for
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001716.doc
  • C.F.R. � 1.2104(g)(1). 47 C.F.R. � 1.2104(g)(2). 47 C.F.R � 1.2106(e). See "Wireless Telecommunications Bureau Will Strictly Enforce Default Payment Rules; Bureau to Re-Auction Licenses Quickly," Public Notice, 11 FCC Rcd. 10853 (WTB: 1996). See Grand Connectivity, Order, 14 FCC Rcd. at 13946 (� 6). See In the Matter of Mountain Solutions Ltd., Inc., Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Various BTA Markets in the Broadband Personal Communications Services (PCS) C Block Auction, Memorandum Opinion and Order, 13 FCC Rcd. 21983, 21997 (� 25)(1998). See Appendix A, infra, for calculation on remaining deposit. Id.; see also In the Matter of C.H. PCS, Inc., Order, 14 FCC Rcd. 4131, 4133 (� 4)(WTB: 1999). We are simultaneously
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00243.doc
  • contained in its Second Supplement to Application for Review. 2. On May 6, 1996, the Commission concluded the Broadband PCS C block auction (Auction No. 5). BDPCS was the successful high bidder on 17 licenses, with a cumulative total net bid price of $873,783,912.75. On May 8, 1996, the Commission announced by Public Notice that, pursuant to 47 C.F.R. � 24.711(a)(2), winning bidders would be required to submit their first down payment (five percent of their net winning bids) by May 15, 1996. Accordingly, BDPCS, a winning bidder claiming small business status, was required to bring its total funds on deposit with the Commission to five percent of its total net bid amount, or $43,689,195.64. Accounting for BDPCS's $7,000,000 upfront payment,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • Petition at 1-3. See also DiGiPH Petition at 5 (referencing C block notes); Alpine PCS Petition at 6-7 (same). Cf. NextWave Petition at 5-7 (Commission should reconcile its seemingly conflicting roles of regulator and party to commercial contract). See CONXUS Petition at 7-8; CTI Petition at 8-9. See also In-Sync Comments at 6. 47 C.F.R. � 95.816. 47 C.F.R. � 24.711. 47 C.F.R. � 24.716. See American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12384 (1996). 47 C.F.R. � 24.309. 47 C.F.R. � 90.812. 47 C.F.R. � 21.960. 218-219 MHz Service Order and NPRM, 13 FCC Rcd at 19072-19074, �� 12-14. Amendment of Part 95 of the Commission's Rules to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc
  • FCC Rcd at 425, para. 86; see 47 C.F.R. � 1.2106; see Competitive Bidding Second Report and Order, 9 FCC Rcd at 2378, para. 171. Part 1 Third Report and Order, 13 FCC Rcd at 427, para. 91; see 47 C.F.R. � 1.2107. C Block Fourth Report and Order, 13 FCC Rcd at 15,761, para. 32; see 47 C.F.R. �� 24.711, 24.716. We note that the Balanced Budget Act of 1997 provides that "before the issuance of bidding rules," the Commission must provide adequate time for parties to comment on proposed auction procedures. Balanced Budget Act of 1997, Pub. L. 105-33, � 3002(a)(1)(B)(iv), 111 Stat. 251, 259 (codified at 47 U.S.C. � 309(j)(3)(E)(i)). Accordingly, it has been the practice of the
• 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
  • of C block spectrum on the basis of the eligibility exception set forth in paragraph (b)(9)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (b)(9)(i). * * * * * (d) * * * (1) Applicants and licensees claiming eligibility for closed bidding under this section or for other provisions under �� 24.711 through 24.720 shall be subject to audits by the Commission, using in- house and contract resources. Selection for audit may be random, on information, or on the basis of other factors. * * * * * (e) Tiers. (1) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see �
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00335.doc
  • Public Notice, DA 00-1246 (rel. June 7, 2000). See 47 U.S.C. � 309(j)(4)(D). The installment payment plan for C block permitted licensees that qualified as small businesses to pay 90% of the bid price over a period of ten years, with interest paid for the first six years and interest and principal for the remaining four. See 47 C.F.R. � 24.711(b)(3)(1996). The installment payment plan for F block permitted licensees that qualified as small businesses to pay 80% of the bid price over a period of ten years, with interest paid for the first eight years and interest and principal for the remaining two. See 47 C.F.R. � 24.716(b)(3)(1997). All but two bidders in the 1996 C block auction qualified as
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990528.pdf
  • Notice, at Att. A (rel. January 21, 1999); "C, D, E, & F Block Broadband PCS Auction; BTA � Basic Trading Area; March 23, 1999," Bidder Information Package ("Bidder Information Package") at Tab A, pp. 17-24. 2 See Mountain Solutions, Ltd., Inc., Order, DA 99-517 (rel. March 16, 1999). 3 See Longstreet Communications International, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market No. B012, Memorandum Opinion and Order, DA-522 (rel. March 16, 1999). B406D (Santa Barbara, CA), B405F (San Luis Obispo, CA),4 B490F (Guam), and B493F (Northern Marianas Islands). Attachment F, which contains round results file formats for use during the auction, corrects and replaces the Attachment F released in a Public Notice on March 10,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1996/dd960812.html
  • BROADCAST EEO RULE AND POLICIES, VACATING EEO FORFEITURE POLICY STATEMENT AND AMENDING SECTION 1.80 OF THE COMMISSION'S RULES TO INCLUDE EEO FORFEITURE GUIDELINES. Comments Due August 26; replies September 25. Dkt No.: MM- 96-16. Action by Bureau Chief. Adopted: August 9, 1996. by Order. (DA No. 96-1279). MMB Internet URL: [2]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/da961279.txt C.H. PCS, INC. Denied Petition for Waiver of Section 24.711 (a)(2) of the Commission's Rules, requesting that Commission extend the deadline for submission of the downpayment for the license upon which it was the winning bid in the PCS Broadband Entrepreneurs' Block ("C Block") reauction. Action by Chief, Auctions Division. Adopted: August 9, 1996. by Order. (DA No. 96-1273). WTB Internet URL: [3]http://www.fcc.gov/Bureaus/Wireless/Orders/1996/da961273.txt [4][icon bar] References 1. http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1996/pnwl6007 2. http://www.fcc.gov/Bureaus/Mass_Media/Orders/1996/da961279.txt
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970205.html
  • the Commission's rules so that it may register, under Part 68 of the Commission's Rules, three devices that detect the presence of a stutter dial tone. Action by Chief, Network Services Division, Common Carrier Bureau. Adopted: January 31, 1997. by Order. (DA No. 97-261). CCB Internet URL: " [15]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/da970261.txt RFW, INC. Granted in part a request for waiver of Setion 24.711(a)(2) of the Commission's rules filed by R.F.W., Inc., the winning bidder in Market B230 in the Broadband C Block Personal Communications Services. Action by Chief, Wireless Telecommunications Bureau. Adopted: February 4, 1997. by Order. (DA No. 97-254). WTB Internet URL: [16]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970254.txt MFRI, INC. Granted in part a request for waiver of Section 24.711(a)(2) of the Commission's rules filed by MFRI,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970429.html
  • filed by Martin W. Hoffman, Trustee-in-Bankruptcy for Astroline Communications Company Limited Partnership for Renewal of License of Station WHCT-TV. By MO&O and Hearing Designation Order. Dkt No.: MM- 97-128. Action by the Commission. Adopted: April 25, 1997. by MO&O&Hearing Des. Or. (FCC No. 97-146). MMB Internet URL: [15]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97146.txt MOUNTAIN SOLUTIONS LTD, INC. Denied the Emergency Petition for Waiver of Section 24.711(a)(2) of the Commission's rules and associated Motion to Enter into Consent Decree, filed by Mountain Solutions LTD, Inc., a winning bidder for ten licenses in the broadband PCS C Block auction. Action by Acting Chief, Wireless Telecommunications Bureau. Adopted: April 28, 1997. by Order. (DA No. 97-891). WTB Internet URL: [16]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970891.txt CAROLINA PCS I LIMITED PARTNERSHIP. Denied Petitions for Waiver
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971229.html
  • outcome of the Commission's pending broadcast ownership rulemaking, Commission's one-to-a-market rule; denied request for permanent waiver of the Commission's one-to-a-market rule, Section 73.3555(c), to permit common ownership of stations KRCA(TV), KBUE(FM), and KWIZ(AM)/KWIZ-FM. Action by Bureau Chief. Adopted: December 24, 1997. by MO&O. (DA No. 97-2655). MMB Internet URL: [19]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da972655.txt CAROLINA PCS I LIMITED PARTNERSHIP REQUEST FOR WAIVER OF SECTION 24.711(A)(2) OF COMMISSION'S RULES. Granted Carolina PCS I Limited Partnership's (CPCSI) Application for Review of a Wireless Telecommunications Bureau's Order denying CPCSI's Petition for waiver of the Commission's down payment rule; concluded that CPCSI is entitled to a partial waiver of Section 24.711(a)(2) of the Commission's Rules. Action by the Commission. Adopted: December 22, 1997. by MO&O. (FCC No. 97-417). WTB
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980519.html
  • voice grade channel termination in effect from January 1, 1987 through December 31, 1988 and defendants' rates for metallic channel terminations for the same period; dismissed complaint with prejudice and terminated proceeding. Action by Chief, Formal Complaints and Investigations Branch, Enforcement Division. Adopted: May 18, 1998. by Order. (DA No. 98-931). CCB Internet URL: [18]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980931.wp REQUESTS FOR WAIVER OF SECTION 24.711(B)(3) OF THE COMMISSION'S RULES ESTABLISHING THE INTEREST RATE ON INSTALLMENT PAYMENTS FOR C BLOCK PCS LICENSEES. Denied requests for waiver of the Commission's rules imposing a 7 percent interest rate on eligible broadband PCS C block licensees whose licenses were conditionally granted on September 17, 1996, and that elected to utilize the Commission's installment payment plan. Action by Bureau Chief.
• http://www.fcc.gov/eb/Orders/2005/DA-05-2819A1.html
  • Dakota Order, 18 FCC Rcd at 21524, para. 9. See, e.g., Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) (granting two-day waiver of payment deadline, because delay caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur. 1997) (granting one-day
• http://www.fcc.gov/eb/Orders/2007/DA-06-2358A1.html
  • the Act. Specifically, Newcomm disclosed that control of its Licenses was transferred to TEM PR, a subsidiary of Telefonica, on April 20, 2005, and subsequently transferred back to Newcomm in February 2006. Newcomm neither requested nor received Commission approval to engage in these transactions. As noted, see note 5 supra, these transactions were also inconsistent with the provisions of Sections 24.711 and 1.2110 of the Commission's Rules. The Bureau's investigation revealed other instances in which Newcomm engaged in transactions that effectuated transfers of control for which Newcomm had not requested or obtained prior Commission consent, and that resulted in Newcomm's loss of eligibility for Designated Entity benefits, such as the option to pay for its licenses by making installment payments. 5.
• http://www.fcc.gov/eb/Orders/2007/FCC-07-14A1.html
  • 16730-33, PP 8-14 (relying upon, inter alia, Metricom, Inc. Request for Waiver of Section 27.208(A) of the Commission's Rules, Order, 13 FCC Rcd 890 (Wireless Tel. Bur. 1998) ("Metricom Waiver Order") (granting two-day waiver of payment deadline, because delay was caused by applicant's bank's error in transmitting payment to Mellon Bank); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1532 (Wireless Tel. Bur. 1997) ("SCS Waiver Order") (granting one-day waiver of payment deadline, because of applicant's prior record of compliance, prompt remedial action, and good faith effort to pay on time); MFRI, Inc. Request for Waiver of Section 24.711(a)(2) of the Commission's Rules, Order, 12 FCC Rcd 1540 (Wireless Tel. Bur.
• http://www.fcc.gov/fcc-bin/audio/DA-06-1944A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1944A1.pdf
  • and 0002526699, Memorandum Opinion and Order, DA 06-1883 (WTB rel. Sep. 19, 2006). The C Block licenses were disaggregated pursuant to 47 C.F.R. � 24.714(a), (e)(2). See ``FCC Announces Grant of Broadband Personal Communications Services Entrepreneurs' C Block BTA License, Final Down Payment Due by September 24, 1996,'' Public Notice, 11 FCC Rcd 11316 (1996). See 47 C.F.R. �� 1.2110, 24.711, 24.716 (1999). See Installment Payments for PCS Licenses, Order, 12 FCC Rcd 17325 (1997); ``FCC Announces Grant of Broadband Personal Communications Services D, E & F Block Licenses,'' Public Notice, 13 FCC Rcd 1286 (1997). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Second Report and Order, 12
• http://www.fcc.gov/ogc/documents/opinions/1999/99-5063.html
  • bidder for sixty-three C-block licenses. Its aggregate winning bids amounted to $4.74 billion. Pursuant to the FCC regulations issued under 309(j), winning bidders that were "small businesses" were required to pay only ten percent of their winning bids in cash; the remaining ninety percent could be paid in installments over a ten-year period at below market interest rates. 47 C.F.R. 24.711(b)(3). NextWave made the required five percent down payment on the Licenses when it was announced as the high bidder on them in the summer of 1996,[3]^(3) and subsequently deposited another five percent with the FCC on January 9, 1997, immediately after its application for the Licenses was conditionally approved. The four-month gap between those two dates resulted from the FCC's
• http://www.fcc.gov/ogc/documents/opinions/1999/mountain.html
  • Opinion for the Court filed by Circuit Judge Rogers. Rogers, Circuit Judge: Mountain Solutions Ltd., Inc. was the winning bidder for ten licenses in the broadband personal communications service C block auction. Under the rules of the Federal Communications Commission, Mountain Solutions was required to make a 10% down payment for the licenses, payable in two installments. See 47 C.F.R. 24.711(a)(2), 24.809(b). Mountain Solutions paid the first installment but was unable to make timely payment of the second down payment. On the due date, Mountain Solutions petitioned the Commission for a thirty-day waiver of its rules in order to allow completion of financing discussions. Although Mountain Solutions supplemented its waiver request within twenty-three days to state that financing discussions had been
• http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
  • Dollars per megahertz-pop, a generally accepted industry measurement standard, represents the amount paid for a license that would allow the provision of a particular level of communications data to a particular number of people. [41]^2 As part of the FCC's C-block auction rules, bidders were required to deposit "qualifying amounts" in order to participate in the auction. See 47 C.F.R. 24.711(a)(1) (1995) ("Each eligible bidder for licenses on frequency Block C subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid pursuant to 1.2106 of this chapter and procedures specified by Public Notice."). [42]^3 The C-block auction resulted in the awarding
• http://www.fcc.gov/ogc/documents/opinions/2000/99-1316.doc http://www.fcc.gov/ogc/documents/opinions/2000/99-1316.html
  • Corporation (Omnipoint) eighteen broadband personal communications services (PCS) licenses for C Block spectrum which it won at auction. Because Omnipoint was a qualifying "small business" the FCC financed ninety per cent of Omnipoint's auction bid at a 7% interest rate "based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted." 47 C.F.R. � 24.711(b)(3). Omnipoint requested a waiver of the 7% interest rate calculated under section 24.711(b)(3), arguing that it contravened the FCC's policy of setting interest rates "no higher than the government's cost of money," which was then 6.5%. In re Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Second Report and Order, 9 F.C.C.R. 2348, 2390 (1994). The FCC's Bureau of
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1435.pdf
  • plan]'' and that ``[f]ailure to comply with this condition will result in automatic cancellation of this authorization.'' Under the Commission's installment plan C block licensees were re- quired to pay 90% of their net bid price over ten years, with interest only paid for the first six years and interest and principal paid for the remaining four, 47 C.F.R. � 24.711(b)(3) (1996), and F block licensees were required to pay 80% of their net bid price over ten years, with interest only paid for 4 the first two years and interest and principal paid for the remaining eight. 47 C.F.R. � 24.716(b)(3) (1996). After receiving numerous requests for relief from finan- cially troubled licensees, the Commission, on March 31, 1997, suspended
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1435b.pdf
  • plan]'' and that ``[f]ailure to comply with this condition will result in automatic cancellation of this authorization.'' Under the Commission's installment plan C block licensees were re- quired to pay 90% of their net bid price over ten years, with interest only paid for the first six years and interest and principal paid for the remaining four, 47 C.F.R. � 24.711(b)(3) (1996), and F block licensees were required to pay 80% of their net bid price over ten years, with interest only paid for 4 the first two years and interest and principal paid for the remaining eight. 47 C.F.R. � 24.716(b)(3) (1996). After receiving numerous requests for relief from finan- cially troubled licensees, the Commission, on March 31, 1997, suspended