FCC Web Documents citing 24.712

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

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  • information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i), (ii). 47 C.F.R. § 24.709(a). See 47 C.F.R. § 24.709(b)(9)(i); see also C/F Block Sixth Report and Order at ¶¶ 35-42 and App. D. See 47 C.F.R. §§ 24.712, 24.717. See 47 C.F.R. §§ 24.712(a), 24.717(a), 24.720(b). See 47 C.F.R. §§ 24.712(b), 24.717(b), 24.720(b). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, FCC 00-274 (rel. August 14, 2000) (``Part 1
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  • Personal Communications Services (PCS) Licenses, Memorandum Opinion and Order, 14 FCC Rcd 20543, 20545-46 (1999) (``Omnipoint Waiver Order'') (the Commission indicated that paragraph 127 addresses unjust enrichment with respect to bidding credits). Competitive Bidding Fifth MO&O, 10 FCC Rcd at 469, ¶ 127. See Omnipoint Waiver Order, 14 FCC Rcd at 20545-46. D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business, Order , 15 FCC Rcd 61 (``D&E Communications Order''). Id. at 67. See 47 C.F.R. § 1.925(b)(3). 47 C.F.R. § 24.839(a)(2). See 47 C.F.R. § 1.2111(a). Specifically, this section states that ``an applicant seeking approval for a transfer of control or assignment (otherwise
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  • 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 winning bidder in Auction No. 35 that qualifies as a very small business may use a bidding credit of 25 percent to lower the cost of its winning bid for a license offered in ``open'' bidding. See 47 C.F.R. §§ 24.712(b), 24.717(b); see also In the Matter of Amendment of the Commission's Rules Regarding Installment Payment Financing
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  • the Closing PN advised winning bidders of the exact amounts of payments due on their accounts. 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 winning bidder in Auction No. 35 that qualifies as a very small business may use a bidding credit of 25 percent to lower the cost of its winning bid for a license offered in ``open bidding.'' See 47 C.F.R. §§ 24.712(b), 24.717(b). See also In the Matter of Amendment of the Commission's Rules Regarding Installment Payment Financing
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  • not seek leave in a separate pleading to file its Supplement to Petition for Reconsideration (which was submitted nearly nine months after petitions for reconsideration of the Order were due). The Supplement raises no new substantive arguments but only an alternative form of relief, which we consider and reject. 47 C.F.R. § 24.720(b)(1). 47 C.F.R. § 24.720(b)(2). 47 C.F.R. §§ 24.712, 24.717. Highland Cellular Inc., FCC Form 175, Exhibit C (Small Business Status) (filed Feb. 12, 1999). Highland Cellular Inc., FCC Form 601, Exhibit G (Waiver Request) (filed May 4, 1999) (Waiver Request). Highland Cellular was the winning bidder for C block licenses in markets BTA143, BTA201, BTA255, and BTA444. Waiver Request at 1. Id. at 1-2. Id. Id., citing Wireless
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  • Report and Order, 9 FCC Rcd. 5532, 5539, 5584-88, ¶¶ 14, 118-127 (1994) (``Fifth Report and Order'') (applying competitive bidding to Broadband PCS licenses). See 47 C.F.R. § 24.709(a). See Second Report and Order, 9 FCC Rcd. at 2391-92, ¶¶ 241-42; see also Fifth Report and Order, 9 FCC Rcd. at 5539, 5589-91, ¶¶ 15, 130-33. See 47 C.F.R. §§ 24.712(a), 24.717(a) (small businesses), 24.712(b), 24.717(b) (very small businesses); see also Sixth Report and Order, 15 FCC Rcd. at 16,287-88, ¶¶ 43-45 (establishing the bidding credit amount available to designated entities for PCS licenses acquired through open bidding and eliminating bidding credits for licenses acquired through closed bidding). See 47 C.F.R. §§ 24.720(b)(1), 1.2110(f)(2)(iii). See id. §§ 24.720(b)(2), 1.2110(f)(2)(ii). See C
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  • the rules for partitioning a license and disaggregating spectrum, including the related matters of unjust enrichment, bidding credits, installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules, are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 26.210(d); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i); 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c). Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction, and the long-form
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  • the rules for partitioning a license and disaggregating spectrum, including the related matters of unjust enrichment, bidding credits, installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules, are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 26.210(d); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i); 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c). Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction, and the long-form
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  • when it transferred this interest to ANW Management. File No. 0001184495 has been designated as the lead application in this transaction, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application will be available through this file number. 47 C.F.R. § 24.839(a), (a)(2). See 47 C.F.R. §§ 1.2110(f)(2)(ii), 24.712(b), 24.717(b), 24.720(b)(2). See 47 U.S.C. § 309(b). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14, 2001). See Electronic Filing of
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  • 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 retained use
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  • offered in open bidding in Auction No. 58. CW-BTA215-C3, CW-BTA330-C3, and CW-BTA470-C4 were offered in open bidding and won in Auction No. 35; however, because the winners defaulted on their payment obligations, the licenses were never awarded. See TPS Utilicom, Inc., Order on Reconsideration, 18 FCC Rcd 2516 (2003); Citifone PCS, LLC, Order, 16 FCC Rcd 13970 (2001). Id. §§ 24.712, 24.717. 47 U.S.C. § 309(j) (as amended by Section 3002(a)(E)(i), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) (``Balanced Budget Act'')). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98, ¶ 16
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  • offered in open bidding in Auction No. 58. CW-BTA215-C3, CW-BTA330-C3, and CW-BTA470-C4 were offered in open bidding and won in Auction No. 35; however, because the winners defaulted on their payment obligations, the licenses were never awarded. See TPS Utilicom, Inc., Order on Reconsideration, 18 FCC Rcd 2516 (2003); Citifone PCS, LLC, Order, 16 FCC Rcd 13970 (2001). Id. §§ 24.712, 24.717. 47 U.S.C. § 309(j) (as amended by Section 3002(a)(E)(i), Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997) (``Balanced Budget Act'')). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-98, ¶ 16
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  • Order , 16 FCC Rcd. at 3736, ¶ 48. See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communication Services (PCS) Licenses, WT Docket No. 97-82, Memorandum Opinion and Order, 14 FCC Rcd. 20543, 20545-46, ¶ 6 (1999) (Omnipoint Order). See also TeleCorp-Tritel Order at 3736, ¶ 48, citing D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business, Order, 15 FCC Rcd. 61, 67, ¶ 12. 47 U.S.C. § 309(j)(4)(E) (the Commission is required to prevent unjust enrichment with respect to licenses issued pursuant to its authority to use competitive bidding for mutually exclusive applications). See, e.g., WorldCom Order, 18 FCC
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  • open bidding in Auction No. 58. CW-BTA215-C3, CW-BTA330-C3, and CW-BTA470-C4 were offered in open bidding and won in Auction No. 35; however, because the winners defaulted on their payment obligations, the licenses were never awarded. See TPS Utilicom, Inc., Order on Reconsideration, 18 FCC Rcd. 2516 (2003); Citifone PCS, LLC, Order, 16 FCC Rcd. 13,970 (2001). See 47 C.F.R. § 24.712, 24.717. See 47 C.F.R. § 24.720(b)(1). See 47 C.F.R. § 24.720(b)(2). See C/F Block Sixth Report and Order at 16,288, ¶ 45. See also 47 C.F.R. §§ 24.712, 24.717. See, e.g., Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice
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  • Auction No. 71. Additionally, CW-BTA330-C3 was offered in open bidding in Auction No. 58 because the corresponding license had previously been offered but not won in Auction No. 22. Since that license was unsold in Auction No. 58, it is again offered in open bidding in Auction No. 71. See 47 C.F.R. § 24.709(a)(3) - (4). See i47 C.F.R. § 24.712. See 47 C.F.R. § 24.709(a)(1). See 47 C.F.R. §§ 24.712, 24.717. See, e.g., 47 C.F.R. §§ 15.307, 24.5, 101.3, 101.69-101.81, 101.147; Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 13,999 (2000); Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of
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  • Auction No. 71. Additionally, CW-BTA330-C3 was offered in open bidding in Auction No. 58 because the corresponding license had previously been offered but not won in Auction No. 22. Since that license was unsold in Auction No. 58, it is again offered in open bidding in Auction No. 71. See 47 C.F.R. § 24.709(a)(3) - (4). See 47 C.F.R. § 24.712. See 47 C.F.R. § 24.709(a)(1). See 47 C.F.R. §§ 24.712, 24.717. See 47 C.F.R. Part 1, Subpart Q. Prospective applicants are also encouraged to review the Commission's decisions that establish competitive bidding rules and policies, including policies governing benefits extended to designated entities (i.e., small businesses, rural telephone companies, and businesses owned by women and minorities). See, e.g., Implementation of
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  • 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 April 14,
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  • and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket No. 90-314, Order on Reconsideration, FCC 00-299, 15 FCC Rcd 17,384, 17,394 ¶ 20 (2000). 47 C.F.R. §§ 1.2110(b)(3)(i), 1.2110(b)(6), 1.2110(k). See 47 C.F.R. §§ 1.2110(f)(2)(ii), 24.720(b), 27.1102. See 47 C.F.R. §§ 1.2110(f)(2)(i), 24.720(b), 27.1102. See 47 C.F.R. §§ 24.712, 24.717. See 47 C.F.R. §§ 24.712, 24.717. 47 C.F.R. §§ 1.2110(b)(1)(i), 1.2110(b)(3)(iv)(B). See also Part 1 Fifth Report and Order, 15 FCC Rcd at 15,323-27 ¶¶ 59-67. 47 C.F.R. §§ 1.2110(b)(3)(i), 1.2110(b)(6), 1.2110(k). For further guidance on the issue of de facto control, see the Commission's affiliation rule at 47 C.F.R. §1.2110(b)(5); see also Intermountain Microwave, Public Notice, 12 FCC
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  • C to explain any updates to the pre-filled information from the FCC Form 175, why certain entities should not be attributed to the applicant, and why certain relationships should not be considered attributable or impermissible material relationships. Pursuant to Section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Sections 1.2110(f)(2), 24.712, and 27.1102 of the Commission's rules specify the following designated entities as eligible for bidding credits in the AWS-1 and Broadband PCS Auction (Auction 78): a very small business, a small business, a consortium of very small businesses, and a consortium of small businesses. Very Small Businesses under Section 1.2110(f)(2)(iii): A very small business is an entity that, together with
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  • Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, FCC 00-313, 15 FCC Rcd 16,266, 16,279-80 ¶ 24 (2000) (``C/F Block Sixth Report and Order''). See 47 C.F.R. § 24.709(a)(4)(i)(B). See 47 C.F.R. § 24.709(a)(4)(ii). See also C/F Block Sixth Report and Order, 15 FCC Rcd at 16,281-82 ¶¶ 27-29. See 47 C.F.R. §§ 24.712, 24.717. See 47 C.F.R. §§ 24.712, 24.717. The C1 Block license for market BTA127 is offered in open bidding because it was offered in Auctions 58 and 71, both of which occurred after March 23, 1999, but remained unsold. Four C1 Block licenses to be offered in Auction 78 (for markets BTA208, BTA333, BTA388, and BTA453) were available only to
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  • § 309(j)(3)(B). DEF Report and Order, 11 FCC Rcd at 7846-49, paras. 49-55; 47 C.F.R. § 24.717. See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15,743, at 15,767-68, paras. 45-46 (1998) ("C Block Fourth Report and Order"); see 47 C.F.R. § 24.712. In the C Block Fourth Report and Order, we tied our bidding credit rules for both the C and the F blocks to a schedule of bidding credits we had adopted in the Part 1 Third Report and Order. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 46; see Part 1 Third Report and Order, 13
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  • Rcd 16,436 (1997) (collectively, "Restructuring Orders"). See also Second C Block Reconsideration Order. See C Block Reconsideration Order, 13 FCC Rcd at 8346, 8347, paras. 1, 5; see also C Block Fourth Report and Order, 13 FCC Rcd at 15,752, para. 15. C Block Fourth Report and Order, 13 FCC Rcd at 15,752, para. 15. See id. 47 C.F.R. § 24.712. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 46; 47 C.F.R. §§ 1.2110(e), 24.712, 24.717. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 47. Id. Omnipoint Petition at 1-13. See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5590, para. 132. See id. at 5539, 5589-91, paras. 15, 130-133 (Bidding
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  • FCC Rcd at 2044-45, para. 35. Fox I, 10 FCC Rcd at 8471, 8473, paras. 43 & 47; see also NextWave, 12 FCC Rcd at 2044-45, para. 35. Fox I, 10 FCC Rcd at 8454, para. 2. Id. at 8474, para. 50. Id. at 8471-74, paras. 43-74. See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. §§ 24.709, 24.712, 24.720. NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. Fox I, 10 FCC Rcd at 8474, para. 49. Applicants Feb. 9 Response to Supplemental Information Request at 17-18. Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the number of common shares
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  • Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Further Notice of Proposed Rulemaking, 15 FCC Rcd 9773 (2000) (``Further Notice''). See C/F Block Sixth Report and Order. See Section 309(j) of the Communications Act of 1934, as amended (``Communications Act''), 47 U.S.C. § 309(j). See C/F Block Sixth Report and Order; see generally 24 C.F.R. §§ 24.712(b) and 24.717(b). Both entrepreneurs and non-entrepreneurs can bid on licenses in ``open'' bidding. Only entrepreneurs can bid on licenses in ``closed'' bidding. Id. C/F Block Sixth Report and Order at ¶ 12. The Office of Advocacy of the United States Small Business Administration (``Advocacy''), Alpine, PCS, Inc. (``Alpine''), Northcoast Communications, LLC (``Northcoast''), The Rural Telecommunications Group and the Organization for
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  • is consistent with the approach to bidding credits taken in other post-Adarand auctions. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. First PFR at 5-10 (citing Hunt v. Cromartie, 526 U.S. 541 (1999) (``a law that is facially neutral with respect to race classification warrants strict scrutiny under the Equal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-34A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-34A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-34A1.txt
  • 97-82, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 388-89, ¶ 19 (1997) (``Part 1 Third Report and Order''). See 47 C.F.R. § 24.709(a). The Commission uses only a gross revenues test to determine small business bidding credit eligibility in C and F block auctions. See id. §§ 24.712, 24.717, 24.720(b). Further Notice, 15 FCC Rcd 15,293, 15,331-32, ¶ 81. See NTCA Comments at 1-3, RTG Comments at 4-5, and SBA Comments at 2. See Joint Commenters Comments at 3. See 47 C.F.R. § 1.2110(b),(c). An applicant for C and F block licenses in Auctions No. 5, 10, 11, and 22, including the applicant's attributable investors and affiliates, was
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-121A1.txt
  • FCC Rcd. 5532, 5539, 5584-88, ¶¶ 14, 118-27 (1994) (``Fifth Report and Order'') (adopting competitive bidding rules for the award of Broadband PCS licenses). See 47 C.F.R. § 24.709(a). See Second Report and Order, 9 FCC Rcd. at 2391-92, ¶¶ 241-42; see also Fifth Report and Order, 9 FCC Rcd. at 5539, 5589-91, ¶¶ 15, 130-33. See 47 C.F.R. §§ 24.712(a), 24.717(a) (small businesses), 24.712(b), 24.717(b) (very small businesses); see also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd. 16,266, 16,287-88, ¶¶ 43-45 (establishing the bidding credit amount available to designated entities for PCS licenses acquired through open bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • 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, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small businesses may
• http://transition.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • to pay for its shares did not entitle it to shareholder rights materially different from the rights of all common shareholders.80 In particular, DT's 73 Fox I, 10 FCC Rcd at 8454, para. 2. 74 Id. at 8474, para. 50. 75 Id. at 8471-74, paras. 43-74. 76 See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. §§ 24.709, 24.712, 24.720. 77 NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. 78 Fox I, 10 FCC Rcd at 8474, para. 49. 79 Applicants Feb. 9 Response to Supplemental Information Request at 17-18. 80 Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the
• http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.wp
  • 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, and F Block BTA Licenses," Public Notice, DA 97-883 (released April 28, 1997) at 2. 8 Second Report and Order, 12 FCC Rcd at 16,448
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
  • Late-Filed Supplemental Comments by the Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Sixth
• http://wireless.fcc.gov/auctions/00a/releases/fc020130.pdf http://wireless.fcc.gov/auctions/00a/releases/fc020130.txt
  • is consistent with the approach to bidding credits taken in other post-Adarand auctions. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 29 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. 30 First PFR at 5-10 (citing Hunt v. Cromartie, 526 U.S. 541 (1999) ("a law that is facially neutral with respect to race classification warrants strict scrutiny under
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • not 205 result in the increase of any auction winner's debt. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz 206 Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location and Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 35 means to encourage minority and female participation in telecommunications ownership, we will provide a remedy responsive to commenters and the issues raised in the Graceba Emergency Petition and the Remand Petition, as well as the Community Application for
• http://wireless.fcc.gov/auctions/04/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/04/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/04/releases/fmoo4285.wp
  • management services and is the beneficiary of the investor protections. D. Special Provisions For Designated Entities 1. Bidding Credits 97. Background. In the Fifth Report and Order, we determined that bidding credits were necessary to better ensure that women and minority-owned businesses and small businesses have Fifth Report and Order, FCC 94-178 at ¶ 130. 225 See 47 C.F.R. §§ 24.712(a)-(c). 226 Fifth Report and Order, FCC 94-178 at ¶ 131-132. 227 See, e.g., USIMTA/USIPCA Petition at 6-7 and NPPCA Petition at 4-6 . 228 See Hernandez Petition at 3-4 and BET Petition at 1-2, 9-12. 229 See NABOB Petition at 6-7. 230 Third Memorandum Opinion and Order, FCC 94-219 at ¶ 58. See also 47 C.F.R. 231 § 24.309(b)(2). See
• http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
  • 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 competitive bidding procedures. The general competitive bidding procedures found in 47
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  • lower than the withdrawn bid. Specifically, such bidder is required to pay the difference between the 23 amount bid and the amount of the winning bid the next time the license is offered by the Id. 24 Id. 25 Id. 26 See "Entrepreneurs' C Block Auction Closes," Public Notice, DA 96-716 (rel. May 8, 1996). 27 See 47 C.F.R. § 24.712(a). 28 5 Commission. Finally, the Commission's payment rules provide that if a withdrawing bidder does 24 not submit the withdrawal payment assessed by the Commission in the time required, any amounts overdue will be deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. 25 8. NatTel withdrew bids on two licenses --
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  • 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 Block
• http://wireless.fcc.gov/auctions/05/releases/da960873.pdf http://wireless.fcc.gov/auctions/05/releases/da960873.txt http://wireless.fcc.gov/auctions/05/releases/da960873.wp
  • (rel. May 8, 1996) at Attachment B. The bid withdrawal payment is calculated as the difference between the gross withdrawn bid and the gross winning bid, or the net withdrawn bid and the net winning bid, which ever is less. The "net" bid is the bid submitted net of the 25% bidding credit available to small businesses. See 47 C.F.R. 24.712(a). Request at 6-7. Request at 8; Supplement at 4. Request at 8. 3 withdrew its bid in the "very next round" following its submission. In fact, NatTel did not 15 withdraw its bid until Round 58, or eight rounds after it was submitted. 5. Pursuant to our auction procedures, the FCC became the "placeholder" on this license at the second
• http://wireless.fcc.gov/auctions/05/releases/da993016.pdf http://wireless.fcc.gov/auctions/05/releases/da993016.txt http://wireless.fcc.gov/auctions/05/releases/da993016.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-3016 D&E Communications, Inc., Request for Rule Waiver (filed May 20, 1999) ("Waiver Request"); see 47 C.F.R. 1 §§ 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a). Waiver Request at 3. 2 Id. 3 Id. 4 Id. 5 Before the Federal Communications Commission Washington, D.C. 20554 )) In the Matter of )) D&E Communications, Inc. ) ) Request for Waiver of Sections 24.712, ) 24.720(b)(1), 1.2111(d), and 24.839(a) of the ) Commission's Rules Regarding Eligibility to ) Acquire License as a Small Business
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  • FCC Rcd 16,436 (1997) (collectively, "Restructuring Orders"). See also Second C Block Reconsideration Order. See C Block Reconsideration Order, 13 FCC Rcd at 8346, paras. 1, 5; see also C Block Fourth Report and Order, 13 FCC Rcd at 15,752, para. 15. C Block Fourth Report and Order, 13 FCC Rcd at 15,752, para. 15. See id. 47 C.F.R. § 24.712. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 46; 47 C.F.R. §§ 1.2110(e), 24.712, 24.717. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 47. Id. Omnipoint Petition at 1-13. See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5590, para. 132. See id. at 5539, 5589-91, paras. 15, 130-133 (Bidding
• http://wireless.fcc.gov/auctions/05/releases/fc970342.pdf http://wireless.fcc.gov/auctions/05/releases/fc970342.txt http://wireless.fcc.gov/auctions/05/releases/fc970342.wp
  • with competitive bidding, explaining that these rules, which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in
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  • 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 Notice of Proposed Rule Making ("Second Report and Order" and "Further Notice") establishing March 31, 1998, as the deadline for broadband Personal Communications Services ("PCS") C
• http://wireless.fcc.gov/auctions/05/releases/fc980176.pdf http://wireless.fcc.gov/auctions/05/releases/fc980176.txt http://wireless.fcc.gov/auctions/05/releases/fc980176.wp
  • 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 10 Order at para. 61-65; and "Wireless Telecommunications Bureau Announces June 8, 1998 Election Date for Broadband PCS C Block Licensees," Public Notice, DA 98-741 (released
• http://wireless.fcc.gov/auctions/05/releases/fc980220.pdf http://wireless.fcc.gov/auctions/05/releases/fc980220.txt http://wireless.fcc.gov/auctions/05/releases/fc980220.wp
  • the Commission subsequently amended its rules to permit winning bidders 57 required to make final payment on their licenses within a certain period of time as announced by Public Notice to submit their payment ten business days after the payment deadline, provided that they also pay a late fee equal to five percent of the amount due. See 47 C.F.R. 24.712 (bidding credits); 47 C.F.R. 24.711(b) (installment payment plans). These provisions 58 were subsequently amended by the Commission. See Part 1, Third Report and Order, 13 FCC Rcd at 530-531, Appendix D. See Styles Interactive, Inc. Application for Review of Denial of Petition for Reconsideration Seeking Waiver of 59 IVDS Final Down Payment Deadline, Memorandum Opinion and Order, 12 FCC Rcd.
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  • 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 Order on Reconsideration of the Second Report and Order ("Second Reconsideration Order"), we resolve the petitions for reconsideration of the Order on Reconsideration of the Second
• http://wireless.fcc.gov/auctions/05/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/05/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/05/releases/fmoo4285.wp
  • management services and is the beneficiary of the investor protections. D. Special Provisions For Designated Entities 1. Bidding Credits 97. Background. In the Fifth Report and Order, we determined that bidding credits were necessary to better ensure that women and minority-owned businesses and small businesses have Fifth Report and Order, FCC 94-178 at ¶ 130. 225 See 47 C.F.R. §§ 24.712(a)-(c). 226 Fifth Report and Order, FCC 94-178 at ¶ 131-132. 227 See, e.g., USIMTA/USIPCA Petition at 6-7 and NPPCA Petition at 4-6 . 228 See Hernandez Petition at 3-4 and BET Petition at 1-2, 9-12. 229 See NABOB Petition at 6-7. 230 Third Memorandum Opinion and Order, FCC 94-219 at ¶ 58. See also 47 C.F.R. 231 § 24.309(b)(2). See
• http://wireless.fcc.gov/auctions/05/releases/or_95301.pdf http://wireless.fcc.gov/auctions/05/releases/or_95301.txt http://wireless.fcc.gov/auctions/05/releases/or_95301.wp
  • R&O/Second FNPRM (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
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  • applicable to individual services would specify the Competitive Bidding Second Report & Order at ¶ 241. 333 Competitive Bidding Third Report & Order at ¶ 72. 334 Competitive Bidding Third Memorandum Opinion &Order & Further Notice at ¶ 58. 335 Competitive Bidding Fifth Report and Order at ¶¶ 132-133. 336 C Block Auction Order at ¶ 9; 47 C.F.R. § 24.712. 337 Second R&O and Second Further Notice at ¶ 130. 338 Id. at ¶ 132. 339 Id. 340 Id. 341 Id. 342 63 designated entities eligible for bidding credits and the amounts of the available bidding credits for that particular service. In the Competitive Bidding Third Report & Order, we determined 333 334 that eligible designated entities in the nationwide
• http://wireless.fcc.gov/auctions/10/releases/da961153.pdf http://wireless.fcc.gov/auctions/10/releases/da961153.txt http://wireless.fcc.gov/auctions/10/releases/da961153.wp
  • 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 Block
• http://wireless.fcc.gov/auctions/10/releases/da980947.pdf http://wireless.fcc.gov/auctions/10/releases/da980947.txt http://wireless.fcc.gov/auctions/10/releases/da980947.wp
  • payment for prepayment by June 8, 1998 will cause the election to be deemed defective. Only those C block licensees that resume making payments on a license, or disaggregate a license and resume making payments on the retained spectrum, are eligible for a grace period. DO THE COMMISSION'S UNJUST ENRICHMENT RULES STILL APPLY TO A C See 47 C.F.R. § 24.712(b). 54 11 BLOCK LICENSEE WHO PREPAYS A LICENSE? Yes. A C Block licensee who prepays a license is still subject to the Commission's unjust enrichment rules if it seeks to assign or transfer control of the license during the term of the initial license grant. 54 IF I HAVE ADDITIONAL QUESTIONS, WHOM DO I CONTACT? If you have additional questions,
• 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
  • with competitive bidding, explaining that these rules, which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in
• http://wireless.fcc.gov/auctions/10/releases/fc980176.pdf http://wireless.fcc.gov/auctions/10/releases/fc980176.txt http://wireless.fcc.gov/auctions/10/releases/fc980176.wp
  • 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 10 Order at para. 61-65; and "Wireless Telecommunications Bureau Announces June 8, 1998 Election Date for Broadband PCS C Block Licensees," Public Notice, DA 98-741 (released
• http://wireless.fcc.gov/auctions/10/releases/fc980220.pdf http://wireless.fcc.gov/auctions/10/releases/fc980220.txt http://wireless.fcc.gov/auctions/10/releases/fc980220.wp
  • the Commission subsequently amended its rules to permit winning bidders 57 required to make final payment on their licenses within a certain period of time as announced by Public Notice to submit their payment ten business days after the payment deadline, provided that they also pay a late fee equal to five percent of the amount due. See 47 C.F.R. 24.712 (bidding credits); 47 C.F.R. 24.711(b) (installment payment plans). These provisions 58 were subsequently amended by the Commission. See Part 1, Third Report and Order, 13 FCC Rcd at 530-531, Appendix D. See Styles Interactive, Inc. Application for Review of Denial of Petition for Reconsideration Seeking Waiver of 59 IVDS Final Down Payment Deadline, Memorandum Opinion and Order, 12 FCC Rcd.
• http://wireless.fcc.gov/auctions/10/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/10/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/10/releases/fmoo4285.wp
  • management services and is the beneficiary of the investor protections. D. Special Provisions For Designated Entities 1. Bidding Credits 97. Background. In the Fifth Report and Order, we determined that bidding credits were necessary to better ensure that women and minority-owned businesses and small businesses have Fifth Report and Order, FCC 94-178 at ¶ 130. 225 See 47 C.F.R. §§ 24.712(a)-(c). 226 Fifth Report and Order, FCC 94-178 at ¶ 131-132. 227 See, e.g., USIMTA/USIPCA Petition at 6-7 and NPPCA Petition at 4-6 . 228 See Hernandez Petition at 3-4 and BET Petition at 1-2, 9-12. 229 See NABOB Petition at 6-7. 230 Third Memorandum Opinion and Order, FCC 94-219 at ¶ 58. See also 47 C.F.R. 231 § 24.309(b)(2). See
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • (a) and (b) of this section, for each of the following: the applicant; the applicant's affiliates, the applicant's control group members; the applicant's attributable investors; and affiliates of its attributable investors; (ii) List and summarize all agreements or other instruments (with appropriate references to specific license(s) for frequency block C or frequency block F and its eligibility under §§ 24.711, 24.712, 24.714 and 24.270, 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; and (iii) List and summarize any investor protection agreements
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  • Comments at 3-4. 234 Sprint Comments at 6. 235 Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5588. 236 38 entities; and allowing transfers to small and very small businesses but not to entrepreneurs or 230 other entities. Further, KMTel proposes that we eliminate the unjust enrichment provisions for 231 the C block contained in Sections 24.711(e) and 24.712(d) of our rules because bidders have effectively "bid away" the discounts. Finally, DCR requests that we clarify that our transfer 232 restriction does not apply to pro forma transfers or assignments.233 81. AirLink and Conestoga, on the other hand, oppose our proposal because they believe that it will fuel speculation and possibly collusion. Sprint argues in favor of the current
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  • with competitive bidding, explaining that these rules, which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in
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  • management services and is the beneficiary of the investor protections. D. Special Provisions For Designated Entities 1. Bidding Credits 97. Background. In the Fifth Report and Order, we determined that bidding credits were necessary to better ensure that women and minority-owned businesses and small businesses have Fifth Report and Order, FCC 94-178 at ¶ 130. 225 See 47 C.F.R. §§ 24.712(a)-(c). 226 Fifth Report and Order, FCC 94-178 at ¶ 131-132. 227 See, e.g., USIMTA/USIPCA Petition at 6-7 and NPPCA Petition at 4-6 . 228 See Hernandez Petition at 3-4 and BET Petition at 1-2, 9-12. 229 See NABOB Petition at 6-7. 230 Third Memorandum Opinion and Order, FCC 94-219 at ¶ 58. See also 47 C.F.R. 231 § 24.309(b)(2). See
• http://wireless.fcc.gov/auctions/22/releases/d990757d.pdf http://wireless.fcc.gov/auctions/22/releases/d990757d.wp
  • 47 C.F.R. § 24.720. Filers should select Attachment Type 'Ownership' and enter "Exhibit C: Eligibility" in the File Description field on the Attachment screen. III. Designated Entities Information (C and F Block Only) Applicants eligible for bidding credits for C and F block licenses, as either a small business or a very small business, as specified in 47 C.F.R. §§ 24.712 and 24.717, are required to make the following submissions. EXHIBIT D: DESIGNATED ENTITIES - SMALL BUSINESSES AND VERY SMALL BUSINESSES (C AND F BLOCK ONLY) Pursuant to 47 C.F.R. § 24.712 small businesses that bid on C licenses are eligible for bidding credits of twenty-five percent to lower the cost of their winning bids. Pursuant to 47 C.F.R. § 24.717,
• http://wireless.fcc.gov/auctions/22/releases/da990332.pdf http://wireless.fcc.gov/auctions/22/releases/da990332.txt http://wireless.fcc.gov/auctions/22/releases/da990332.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Omnipoint Corporation, Request for Rule Waiver (filed January 29, 1999) ("Waiver Request"). 1 Section 24.712 states that a winning C block bidder that is a "small business" may use a bidding credit of 15 2 percent to lower the cost of its bid and that a winning C block bidder that is a "very small business" may use a bidding credit of 25 percent to lower the cost of its bid. 47 C.F.R. § 24.712.
• http://wireless.fcc.gov/auctions/22/releases/da990375.pdf http://wireless.fcc.gov/auctions/22/releases/da990375.txt http://wireless.fcc.gov/auctions/22/releases/da990375.wp
  • B, pages 106-107), the Commission notified bidders of various pending proceedings regarding C, D, E, and F block broadband PCS licenses. In addition, on February 3, 1999, at the pre-auction seminar, the Commission distributed a handout supplementing the list of pending proceedings contained in the Bidder Information Package to include the following proceedings: Request for Rule Waiver [47 C.F.R. § 24.712] filed by Omnipoint Corporation, January 29, 1999. This request was denied by Letter to Mark J. Tauber from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, DA 99-332 (rel. February 12, 1999). See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 6 C, D, E, and
• http://wireless.fcc.gov/auctions/22/releases/da990556.pdf
  • a waiver of the requirement that it resubmit its application for Auction No. 22 no later than March 3, 1999, 5:30 p.m. (EST). In effect, WII seeks to correct its timely resubmitted application (FCC Form 175).2 WII's original and resubmitted applications contained inconsistencies identifying the applicant as both a consortium and Limited Liability Corporation ("LLC"), in violation of Sections 24.709, 24.712, 24.717 and 24.720 of the Commission's Rules.3 In requesting this waiver, WII argues that it had a reasonable, albeit mistaken, belief that its resubmission qualified under the Commission's Rules due to previous Wireless Telecommunications Bureau ("Bureau") rulings.4 In order to obtain a waiver of the Commission's Rules, WII must show "(i) that the underlying purpose of the rule will not
• http://wireless.fcc.gov/auctions/22/releases/da991785.pdf http://wireless.fcc.gov/auctions/22/releases/da991785.txt http://wireless.fcc.gov/auctions/22/releases/da991785.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-1785 47 C.F.R. § 1.2105(b)(2). 1 Highland Cellular, FCC Form 601, Exhibit G-Waiver Request, filed May 4, 1999. Highland Cellular was the 2 winning bidder for C block licenses in markets BTA143, BTA201, BTA255, and BTA444. 47 C.F.R. § 24.720(b)(1). 3 47 C.F.R. § 24.720(b)(2). 4 See 47 C.F.R. §§ 24.712 and 24.717. 5 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of )) Highland Cellular, Inc. ) File No. 0000012881 ) Request for Waiver of ) 47 C.F.R. § 1.2105(b)(2) ) ORDER Adopted: September 2, 1999 Released: September 2, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this Order,
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  • 47 C.F.R. § 24.720. Filers should select Attachment Type 'Ownership' and enter "Exhibit C: Eligibility" in the File Description field on the Attachment screen. III. Designated Entities Information (C and F Block Only) Applicants eligible for bidding credits for C and F block licenses, as either a small business or a very small business, as specified in 47 C.F.R. §§ 24.712 and 24.717, are required to make the following submissions. EXHIBIT D: DESIGNATED ENTITIES - SMALL BUSINESSES AND VERY SMALL BUSINESSES (C AND F BLOCK ONLY) Pursuant to 47 C.F.R. § 24.712 small businesses that bid on C licenses are eligible for bidding credits of twenty-five percent to lower the cost of their winning bids. Pursuant to 47 C.F.R. § 24.717,
• http://wireless.fcc.gov/auctions/22/releases/er990757.pdf http://wireless.fcc.gov/auctions/22/releases/er990757.wp
  • 22 ("Closing Public Notice"). This Erratum amends the correction to Attachment D, 1 released on April 21, 1999, by making the following corrections: 1. Attachment D, page D-10. The first two sentences of "Exhibit D: Designated Entities - Small Businesses and Very Small Businesses (C and F Block Only)" should be replaced with the following: Pursuant to 47 C.F.R. §§ 24.712 and 24.717, small businesses and very small businesses that bid on C or F block licenses are eligible for bidding credits of fifteen percent and twenty-five percent, respectively, to lower the cost of their winning bids. 2. Attachment D, page D-14. The two last sentences of "Exhibit H: Divestiture Plans" should be replaced with the following: Filers should select Attachment
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  • 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 10 Order at para. 61-65; and "Wireless Telecommunications Bureau Announces June 8, 1998 Election Date for Broadband PCS C Block Licensees," Public Notice, DA 98-741 (released
• http://wireless.fcc.gov/auctions/22/releases/fc990335.pdf http://wireless.fcc.gov/auctions/22/releases/fc990335.txt http://wireless.fcc.gov/auctions/22/releases/fc990335.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 99-335 Letter from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications 1 Bureau, to Mark J. Tauber, Counsel for Omnipoint Corporation, DA 99-332 (February 12, 1999). Section 24.712 states that a winning C block bidder that is a "small business" may use a bidding credit of 15 2 percent to lower the cost of its bid and that a winning C block bidder that is a "very small business" may use a bidding credit of 25 percent to lower the cost of its bid. 47 C.F.R. § 24.712.
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • 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 10 Order at para. 61-65; and "Wireless Telecommunications Bureau Announces June 8, 1998 Election Date for Broadband PCS C Block Licensees," Public Notice, DA 98-741 (released
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  • 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. Pending Proceedings Regarding C, D, E, or F Block Broadband PCS Licenses Supplemental List1 Request for Rule Waiver [47 C.F.R. § 24.712] filed by Omnipoint Corporation, January 29, 1999. Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues," Public Notice, DA 98-2604 (rel. December 23, 1998), correction (rel. January 21,
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  • information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i), (ii). 47 C.F.R. § 24.709(a). See 47 C.F.R. § 24.709(b)(9)(i); see also C/F Block Sixth Report and Order at ¶¶ 35-42 and App. D. See 47 C.F.R. §§ 24.712, 24.717. See 47 C.F.R. §§ 24.712(a), 24.717(a), 24.720(b). See 47 C.F.R. §§ 24.712(b), 24.717(b), 24.720(b). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, FCC 00-274 (rel. August 14, 2000) (``Part 1
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  • FCC Rcd at 4742-43, ¶¶ 7-8. Verizon Petition at 9-10. Id. at 7. Id. at 6. Id. at 10. We will address the issues raised in the Verizon Petition in the order we adopt in this docket. Nextel Opposition at ii, 9-15. Id. at 13-15. See 47 C.F.R. § 24.720(b)(1), (3). See id. § 24.720(b)(1), (3), (4). See id. §§ 24.712(a); 24.717(a); 1.2110(e)(2)(iii). See id. § 24.720(b)(2), (5). See id. § 24.720(b)(2), (3), (5). See id. §§ 24.712(b); 24.717(b); 1.2110(e)(2)(ii). We note that for these LMDS auctions, pursuant to Section 101.1003 of the Commission's rules, an incumbent local exchange carrier or incumbent cable operator was prohibited from owning an attributable interest in an LMDS A block license if there was a
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  • § 309(j)(3)(B). DEF Report and Order, 11 FCC Rcd at 7846-49, paras. 49-55; 47 C.F.R. § 24.717. See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15,743, at 15,767-68, paras. 45-46 (1998) ("C Block Fourth Report and Order"); see 47 C.F.R. § 24.712. In the C Block Fourth Report and Order, we tied our bidding credit rules for both the C and the F blocks to a schedule of bidding credits we had adopted in the Part 1 Third Report and Order. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 46; see Part 1 Third Report and Order, 13
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  • the Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order and Order on Reconsideration is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Sixth
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  • Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Further Notice of Proposed Rulemaking, 15 FCC Rcd 9773 (2000) (``Further Notice''). See C/F Block Sixth Report and Order. See Section 309(j) of the Communications Act of 1934, as amended (``Communications Act''), 47 U.S.C. § 309(j). See C/F Block Sixth Report and Order; see generally 24 C.F.R. §§ 24.712(b) and 24.717(b). Both entrepreneurs and non-entrepreneurs can bid on licenses in ``open'' bidding. Only entrepreneurs can bid on licenses in ``closed'' bidding. Id. C/F Block Sixth Report and Order at ¶ 12. The Office of Advocacy of the United States Small Business Administration (``Advocacy''), Alpine, PCS, Inc. (``Alpine''), Northcoast Communications, LLC (``Northcoast''), The Rural Telecommunications Group and the Organization for
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=78
  • that qualify as small or very small businesses will be available for all AWS-1 licenses, the broadband PCS C block licenses that are available in open bidding, and all broadband PCS F block licenses. Bidding credits are not available for broadband C block licenses subject to closed bidding or for broadband PCS D and E block licenses. See [64]47 C.F.R. 24.712, 24.717. Tribal Land Bidding Credit A winning bidder that intends to use its license(s) to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a wireline penetration rate equal to or below 85 percent may be eligible to receive a tribal land bidding credit. A tribal land bidding credit is
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=22&page=L
  • LETTER (DA 99-360) Confidentiality Request of Pine Belt PCS, Inc., Letter to Sylvia Lesse, Esquire; Margaret Nyland, Esquire This letter denies the applicant's request for confidential treatment of information contained in their FCC Form 175. [73]pdf - [74]text - [75]WordPerfect 2/12/1999 LETTER (DA 99-332) Letter to Mark J. Tauber, Esquire This letter denies Omnipoint Corporation's request for waiver of Section 24.712 of the Commission's rules. [76]pdf - [77]text - [78]WordPerfect Go to an Auction: [22: PCS......................][79] Go . Release Types [80]Public Notices [81]Orders Letters [82]Return to Top Arrow Return To Top [83]FCC Home [84]Search [85]RSS [86]Updates [87]E-Filing [88]Initiatives [89]Consumers [90]Find People General Auctions Information [91]Licensing, Technical Support and Website Issues [92]Auctions Contact Information - [93]Forgot Your Password? - [94]Submit eSupport request
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=5&page=O
  • Financing for Personal Communications Services (PCS) Licenses This Order on Reconsideration addresses petitions for reconsideration of a Fourth Report and Order, released August 19, 1998, which modified the rules governing auctions of C block broadband Personal Communications Services spectrum. [88]pdf - [89]text - [90]Word 12/29/1999 ORDER (DA 99-3016) In the Matter of D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business is denied. [91]pdf - [92]text - [93]WordPerfect 11/2/1999 ORDER ON RECONSIDERATION OF MEMORANDUM OPINION AND ORDER (FCC 99-319) In the
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=12
  • for 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 1999 [43]FCC Site Map Auctions Releases for December 1999 12/29/1999 ORDER (DA 99-3016) Auction [44]5 In the Matter of D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business is denied. [45]pdf - [46]text - [47]WordPerfect 12/23/1999 PUBLIC NOTICE (DA 99-2988) Auction [48]26 Auction of 929 and 931 MHz
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=2
  • [63]22 Confidentiality Request of Pine Belt PCS, Inc., Letter to Sylvia Lesse, Esquire; Margaret Nyland, Esquire This letter denies the applicant's request for confidential treatment of information contained in their FCC Form 175. [64]pdf - [65]text - [66]WordPerfect 2/12/1999 LETTER (DA 99-332) Auction [67]22 Letter to Mark J. Tauber, Esquire This letter denies Omnipoint Corporation's request for waiver of Section 24.712 of the Commission's rules. [68]pdf - [69]text - [70]WordPerfect 2/11/1999 PUBLIC NOTICE (DA 99-283) Auction [71]21 Auction of 528 Multilateration Location and Monitoring Service Licenses, 5 Qualified Bidders This Public Notice identifies the 5 applicants that have been found qualified to bid for 528 Multilateration Location and Monitoring Service licenses in Auction No. 21, which is scheduled to begin on
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • section 22.962 are removed because they are redundant with the Bureau's broad delegation of authority to conduct auctions. 47 C.F.R. § 0.331(d); see supra note 9. Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. §§ 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. §§ 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that
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  • winning bid, plus the late fee, by the late payment deadline, it is considered to be in default on its license(s) and subject to the applicable default payments. Licenses will be awarded upon the full and timely payment of second down payments and any applicable late fees. Federal Communications Commission DA 98-419 7 * * * * * 11. Section 24.712 of the Commissions rules is corrected to conform to Federal Register requirements by deleting paragraph (d) and adding paragraph (c) to read as follows: § Bidding credits for licenses for frequency Blocks C. * * * * * (c) Unjust Enrichment. See § 1.2111 of this chapter. FEDERAL COMMUNICATIONS COMMISSION Daniel B. Phythyon Chief, Wireless Telecommunications Bureau
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  • announcing the close of the auction is the most appropriate time for both licensees and the Commission. The close of the auction represents the most clearly identifiable time when an obligation to the Commission and the United States Treasury is established. At that time bidders' financial obligations for the license(s) 47 C.F.R. § 1.1110(f). 92 See, e.g. 47 C.F.R § 24.712. 93 See supra at ¶ 36-38. 94 24 won are confirmed, and there is no need to defer establishment of the interest rate. Establishing the interest rate in this way also provides a uniform date on which the interest rate for all prospective licensees within a particular service is established, regardless of petitions to deny or other delays that may
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  • Rule Making, 12 FCC Rcd at 2813-14, ¶ 184. See, e.g., Arch Communications, Inc., Petition for Partial Reconsideration and Request for Clarification (filed 111 April 11, 1997); Paging Network, Inc., Petition for Reconsideration and Clarification (filed April 11, 1997); Personal Communications Industry Association, Petition for Reconsideration (filed April 11, 1997). 47 C.F.R. § 1.2110(f). 112 See, e.g. 47 C.F.R § 24.712. 113 28 successful in enabling small businesses to participate in the WCS auction, in which we were unable to employ installment payments because of the statutory deadline for depositing auction revenues in the U.S. Treasury. We also recently used this approach in establishing rules for the 108 auction of licenses for 800 MHz SMR and LMDS.109 43. We recognize that
• http://wireless.fcc.gov/auctions/general/releases/fcc020034.pdf http://wireless.fcc.gov/auctions/general/releases/fcc020034.txt
  • ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 388-89, ¶ 19 (1997) ("Part 1 Third Report and Order"). 6 See 47 C.F.R. § 24.709(a). The Commission uses only a gross revenues test to determine small business bidding credit eligibility in C and F block auctions. See id. §§ 24.712, 24.717, 24.720(b). 7 Further Notice, 15 FCC Rcd 15,293, 15,331-32, ¶ 81. 8 See NTCA Comments at 1-3, RTG Comments at 4-5, and SBA Comments at 2. 9 See Joint Commenters Comments at 3. 10 See 47 C.F.R. § 1.2110(b),(c). Federal Communications Commission FCC 02-34 3 establish entrepreneur eligibility,11 more than 95 percent of those bidders also met the more
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=22
  • 175.http://wireless.fcc.gov/auctions/default.htm?job=release&id=79&y=19 99Fri, 19 Feb 1999 05:00:00 GMTThis letter denies the applicant's request for confidential treatment of information contained in their FCC Form 175.http://wireless.fcc.gov/auctions/default.htm?job=release&id=80&y=19 99Fri, 19 Feb 1999 05:00:00 GMTThis letter denies the applicant's request for confidential treatment of information contained in their FCC Form 175.http://wireless.fcc.gov/auctions/default.htm?job=release&id=81&y=19 99Fri, 19 Feb 1999 05:00:00 GMTThis letter denies Omnipoint Corporation's request for waiver of Section 24.712 of the Commission's rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=82&y= 1999Fri, 12 Feb 1999 05:00:00 GMTThe attachment to this Public Notice supplements and replaces Attachment B of Public Notice, DA 98-2604, adds Exhibit G and replaces Tab F, Pg 151-157 in the Bidder Information Package. http://wireless.fcc.gov/auctions/default.htm?job=release&id=60&y=1999Mo n, 08 Feb 1999 05:00:00 GMTThis public notice corrects and replaces Attachment A of the Public Notice released December 23,
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • to pay for its shares did not entitle it to shareholder rights materially different from the rights of all common shareholders.80 In particular, DT's 73 Fox I, 10 FCC Rcd at 8454, para. 2. 74 Id. at 8474, para. 50. 75 Id. at 8471-74, paras. 43-74. 76 See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. §§ 24.709, 24.712, 24.720. 77 NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. 78 Fox I, 10 FCC Rcd at 8474, para. 49. 79 Applicants Feb. 9 Response to Supplemental Information Request at 17-18. 80 Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00197.doc
  • FCC Rcd at 4742-43, ¶¶ 7-8. Verizon Petition at 9-10. Id. at 7. Id. at 6. Id. at 10. We will address the issues raised in the Verizon Petition in the order we adopt in this docket. Nextel Opposition at ii, 9-15. Id. at 13-15. See 47 C.F.R. § 24.720(b)(1), (3). See id. § 24.720(b)(1), (3), (4). See id. §§ 24.712(a); 24.717(a); 1.2110(e)(2)(iii). See id. § 24.720(b)(2), (5). See id. § 24.720(b)(2), (3), (5). See id. §§ 24.712(b); 24.717(b); 1.2110(e)(2)(ii). We note that for these LMDS auctions, pursuant to Section 101.1003 of the Commission's rules, an incumbent local exchange carrier or incumbent cable operator was prohibited from owning an attributable interest in an LMDS A block license if there was a
• 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
  • with competitive bidding, explaining that these rules, which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure.191 We propose to apply these same rules to the reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 192 47 C.F.R. § 24.712(a). 193 See 47 C.F.R. §§ 24.717, 101.1107. 194 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98046.wp
  • 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, and F Block BTA Licenses," Public Notice, DA 97-883 (released April 28, 1997) at 2. 8 Second Report and Order, 12 FCC Rcd at 16,448
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.txt
  • Personal Communications Services (PCS) Licenses, Memorandum Opinion and Order, 14 FCC Rcd 20543, 20545-46 (1999) (``Omnipoint Waiver Order'') (the Commission indicated that paragraph 127 addresses unjust enrichment with respect to bidding credits). Competitive Bidding Fifth MO&O, 10 FCC Rcd at 469, ¶ 127. See Omnipoint Waiver Order, 14 FCC Rcd at 20545-46. D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business, Order , 15 FCC Rcd 61 (``D&E Communications Order''). Id. at 67. See 47 C.F.R. § 1.925(b)(3). 47 C.F.R. § 24.839(a)(2). See 47 C.F.R. § 1.2111(a). Specifically, this section states that ``an applicant seeking approval for a transfer of control or assignment (otherwise
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00054.doc
  • Rcd 16,436 (1997) (collectively, "Restructuring Orders"). See also Second C Block Reconsideration Order. See C Block Reconsideration Order, 13 FCC Rcd at 8346, 8347, paras. 1, 5; see also C Block Fourth Report and Order, 13 FCC Rcd at 15,752, para. 15. C Block Fourth Report and Order, 13 FCC Rcd at 15,752, para. 15. See id. 47 C.F.R. § 24.712. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 46; 47 C.F.R. §§ 1.2110(e), 24.712, 24.717. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 47. Id. Omnipoint Petition at 1-13. See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5590, para. 132. See id. at 5539, 5589-91, paras. 15, 130-133 (Bidding
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc
  • § 309(j)(3)(B). DEF Report and Order, 11 FCC Rcd at 7846-49, paras. 49-55; 47 C.F.R. § 24.717. See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT Docket No. 97-82, Fourth Report and Order, 13 FCC Rcd 15,743, at 15,767-68, paras. 45-46 (1998) ("C Block Fourth Report and Order"); see 47 C.F.R. § 24.712. In the C Block Fourth Report and Order, we tied our bidding credit rules for both the C and the F blocks to a schedule of bidding credits we had adopted in the Part 1 Third Report and Order. C Block Fourth Report and Order, 13 FCC Rcd at 15,768, para. 46; see Part 1 Third Report and Order, 13
• 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
  • Late-Filed Supplemental Comments by the Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Sixth
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990375.pdf
  • B, pages 106-107), the Commission notified bidders of various pending proceedings regarding C, D, E, and F block broadband PCS licenses. In addition, on February 3, 1999, at the pre-auction seminar, the Commission distributed a handout supplementing the list of pending proceedings contained in the Bidder Information Package to include the following proceedings: Request for Rule Waiver [47 C.F.R. § 24.712] filed by Omnipoint Corporation, January 29, 1999. This request was denied by Letter to Mark J. Tauber from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, DA 99-332 (rel. February 12, 1999). See "Auction of C, D, E, and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of 6 C, D, E, and
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i), (ii). 47 C.F.R. § 24.709(a). See 47 C.F.R. § 24.709(b)(9)(i); see also C/F Block Sixth Report and Order at ¶¶ 35-42 and App. D. See 47 C.F.R. §§ 24.712, 24.717. See 47 C.F.R. §§ 24.712(a), 24.717(a), 24.720(b). See 47 C.F.R. §§ 24.712(b), 24.717(b), 24.720(b). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, FCC 00-274 (rel. August 14, 2000) (``Part 1
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990216.html
  • Mass Media Bureau. Adopted: February 11, 1999. by Order. (DA No. 99-326). MMB Internet URL: [25]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990326.wp PUERTO RICO TELEPHONE AUTHORITY. FCC granted transfer of licenses from the Puerto Rico Telephone Company to GTE Holdings. Action by the Commission. Adopted: February 12, 1999. by MO&O. (FCC No. 99-22). WTB Internet URL: [26]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.pdf OMNIPOINT CORPORATION. Denied Omnipoint's request for waiver of Section 24.712 of the FCC's rules concerning its eligibility for size-based bidding credits in PCS auction. Action by Chief, Auctions and Industry Analysis Division. Adopted: February 12, 1999. by Letter. (DA No. 99-332). WTB Internet URL: [27]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990332.wp DEVELOPMENT OF OPERATIONAL, TECHNICAL AND SPECTRUM REQUIREMENTS FOR MEETING FEDERAL, STATE AND LOCAL PUBLIC SAFETY AGENCY COMMUNICATIONS REQUIREMENTS THROUGH THE YEAR 2010. Extended oppositions dates
• http://www.fcc.gov/ogc/documents/opinions/1999/99-5063.html
  • with the FCC's decision that a bid price was insufficient but with the FCC's determination that the licensee was ineligible for a "pioneer's preference" and thus had to pay for its license. See id. at 1408-09. The case is inapposite. NextWave knew about the statutory criteria for approval before the bidding began. See 47 C.F.R. 310(b)(4) (1991); 47 C.F.R. 24.709, 24.712, 24.720 (1996). In the event, the only obstacle to closing encountered by NextWave was its own non-compliance with the foreign ownership requirements. NextWave's willingness to bid notwithstanding the undisputed fact that non-compliance would prevent delivery of the Licenses and compel NextWave to insure the government against a lower high bid at re-auction demonstrates that NextWave assumed the risk of its