FCC Web Documents citing 24.716

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

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  • at 11. Third Report and Order, 13 FCC Rcd at 433 � 101. See e.g., Metricom, Inc., Request for Waiver of Section 27.208(a), Order, 13 FCC Rcd 890 (1998) (Metricom) (Wireless Telecommunications Bureau granted waiver of payment deadline where 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
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  • 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 winning
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  • 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 the
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  • 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 the
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  • 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 the
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  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-878A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-878A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-878A1.txt
  • 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 the
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  • and Polk counties using the D-block spectrum in the Grand Forks BTA. See File No. 0000878550, filed May 7, 2002. In addition, Wireless Co. L.P. appears to provide coverage along Interstate I-29, which goes through the Grand Forks BTA, using A-block spectrum. See File No. 0000151743 (filed June 2, 2000). 47 C.F.R. �� 1.946(c), 1.955(a)(2). See 47 C.F.R. � 1.2110(g)(3)(ii); 24.716(b). (...continued from previous page) (continued....) Federal Communications Commission DA 02-3040 Federal Communications Commission DA 02-3040 � � F k��3kf93kf
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  • 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 the
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  • 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 after
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • 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 after
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  • 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 at 22-23;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 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 at 22-23;
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  • 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 Personal Communications
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  • 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, WT
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  • B312, B335, AND B436, Frequency Block C, Memorandum Opinion and Order, 12 FCC Rcd 22938, (1997) (``Carolina PCS''); Metricom, Inc's Request for Waiver of Section 27. 208(a) of the Commission's Rules for Wireless Communications Service Markets: ME30A, ME45A, ME46A, RE01D, RE05C, RE05D, RE06C, RE06D, Order, 13 FCC Rcd 890 (WTB 1998) (``Metricom''); Magnacom Wireless, L.L.C. Request for Waiver of Section 24.716(a)(2) of the Commission's Rules, Order, 13 FCC Rcd 766 (1998) (``Magnacom''); Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W. Coward, Esq., Counsel for TE-MCG Consortium, 14 FCC Rcd 2173 (1999) (``TE-CMG''); Letter from Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, to Thomas Gutierrez, Esq., Counsel for Lancaster Communications, Inc., DA 98-2052 1998 WL 709412 (1998) (``Lancaster'')).
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  • and Request for Waiver of 47 C.F.R. � 1.2110(g)(4), filed September 10, 2001 (``Supplement''). Tracy sold BTA270 in 1999. See ULS file number 0000010960. ``D, E, and F Block Auction Closes, Winning Bidders in the Auction of 1,479 Licenses To Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 97-81 (rel. January 15, 1997). 47 C.F.R. �� 1.2110(g) and 24.716. 47 C.F.R. � 1.2110(g)(4). See Petition at 1-2; Supplement at 2. 47 C.F.R. � 1.2110(g)(4)(i) and (iii); see also In Re 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 of Proposed Rule Making, 15 FCC Rcd 15293, 15310 �
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  • 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 Bidding
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  • 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 FCC
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  • 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 small
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  • 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 small
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  • 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 FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2619A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2619A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2619A1.txt
  • 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 small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-830A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-830A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-830A1.txt
  • 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 Airadigm's Petition
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  • requested waiver and sua sponte granting special temporary authority); MBO Wireless, Inc. Requests for Extension of Special Temporary Authority to Operate PCS F Block License KNLF925, BTA311, Muskogee, Oklahoma and PCS C Block License KNLF591, BTA433 Stillwater, Oklahoma, Order, 17 FCC Rcd 11,257 (2002)). See Waiver and Reinstatement Request at 15-17 (citing Magnacom Wireless, L.L.C. Request for Waiver of Section 24.716(a)(2) of the Commission's Rules, Order, 13 FCC Rcd 766 (WTB 1998); 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, B178, B335, and B436, Frequency Block C, Memorandum Opinion and Order, 12 FCC Rcd 22,938 (1997); Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the
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  • Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 97-81 (rel. January 15, 1997). Tracy's net winning bid for the License was $124,112. Id., Attachment A. This bid, which represents the amount Tracy actually owed, was net of the 25 percent bidding credit for which Tracy, as a small business, qualified. 47 C.F.R. �� 1.2110(e) (1996) and 24.716 (1996). Bidding on F Block licenses was limited to ``entrepreneurs,'' i.e., entities whose gross revenues for each of the preceding two years were under $125 million and whose assets were under $500 million at the time they filed FCC Form 175 to participate in the auction. 47 C.F.R. � 24.709(a) (1996). The specific terms of a winning bidder's installment payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-915A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-915A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-915A1.txt
  • Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 97-81 (rel. January 15, 1997). Tracy's net winning bid for the License was $124,112. Id., Attachment A. This bid, which represents the amount Tracy actually owed, was net of the 25 percent bidding credit for which Tracy, as a small business, qualified. 47 C.F.R. �� 1.2110(e) (1996) and 24.716 (1996). Bidding on F Block licenses was limited to ``entrepreneurs,'' i.e., entities whose gross revenues for each of the preceding two years were under $125 million and whose assets were under $500 million at the time they filed FCC Form 175 to participate in the auction. 47 C.F.R. � 24.709(a) (1996). The specific terms of a winning bidder's installment payment
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  • 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 the
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  • 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 as follows:''.
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  • 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 Provide Regulatory Flexibility in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-299A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-299A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-299A1.txt
  • Report and Order, adopted subsequent to the adoption of this Order on Reconsideration, we modified the bidding credits that will be available to future C and F block auction winners. See C/F Block Sixth Report and Order, paras. 43-45. DEF Report and Order, 11 FCC Rcd at 7842, para. 37. Id. Id. at 7844, para. 41; see 47 C.F.R. � 24.716. DEF Report and Order, 11 FCC Rcd at 7844, para. 42. Small business license winners in the first two C block auctions were eligible for an installment payment plan with an interest rate equal to the ten-year U.S. Treasury rate, a six-year interest-only period, and principal amortized over the remaining four years of the license term. DEF Report and Order,
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  • 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 small businesses. See ``Entrepreneur's C Block Auction Closes: FCC Announces Winning Bidders in the Auction of 493 Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 96-716 (rel. May 8, 1996); ``Entrepeneur's C Block Reauction Closes-FCC announces Winning Bidders in the Reauction of 18 Licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-434A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-434A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-434A1.txt
  • 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 Auction of 493 Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 96-716 (rel. May 8, 1996); ``D, E, and F Block Auction Closes -- Winning Bidders in the Auction of 1,479 Licenses To Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 97-81
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  • 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 Note and Security Agreement executed by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-206A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-206A1.txt
  • B312, B335, AND B436, Frequency Block C, Memorandum Opinion and Order, 12 FCC Rcd 22938, (1997) (``Carolina PCS''); Metricom, Inc.'s Request for Waiver of Section 27. 208(a) of the Commission's Rules for Wireless Communications Service Markets: ME30A, ME45A, ME46A, RE01D, RE05C, RE05D, RE06C, RE06D, Order, 13 FCC Rcd 890 (WTB 1998) (``Metricom''); Magnacom Wireless, L.L.C. Request for Waiver of Section 24.716(a)(2) of the Commission's Rules, Order, 13 FCC Rcd 766 (1998) (``Magnacom''); Letter from Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, to Lloyd W. Coward, Esq., Counsel for TE-MCG Consortium, 14 FCC Rcd 2173 (1999) (``TE-CMG''); and Letter from Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, to Thomas Gutierrez, Esq., Counsel for Lancaster Communications, Inc., DA 98-2052 1998 WL 709412 (1998)
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  • in � 24.720(b)(2), or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in � 1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid. * * * * * � 24.714 [Amended] 23. Amend � 24.714 by replacing the reference to ``The Bureau'' in paragraph (c)(2)(iii) with ``The Commission.'' � 24.716 [Amended] 24. Amend � 24.716 by replacing all references to ``section 1.2110(o)'' in paragraphs (a) and (b) with ``section 1.2110(n)''. 25. Revise � 24.717 to read as follows: � 24.717 Bidding credits for licenses for frequency Block F. (a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that
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  • 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 (MDS), id. � 21.960. 47 C.F.R. � 1.2110(g); see
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  • WIRELESS COMMUNICATIONS, INC., and WESTERN PCS BTA I CORPORATION For Authority to Construct and Operate Broadband PCS Systems Operating on Frequency Blocks D, E, and F, Memorandum Opinion and Order, DA 97-1345, 12 FCC Rcd 8449 (rel. June 27, 1997) (granting, among other licenses, F block PCS licenses subject to a 6.625 percent interest rate pursuant to 47 C.F.R. � 24.716(a)(2)) and Application of Mercury PCS II, LLC for Authority to Construct and Operate Broadband PCS Systems on Frequency Blocks D, E, and F, Memorandum Opinion and Order, DA 97-1782 (rel. August 21, 1997) (granting F block PCS licenses subject to a 6.125 percent interest rate pursuant to 47 C.F.R. � 24.716(a)(2)). - 4 - applicable interest rate is 7 percent.
• http://wireless.fcc.gov/auctions/05/releases/da981897.pdf http://wireless.fcc.gov/auctions/05/releases/da981897.txt http://wireless.fcc.gov/auctions/05/releases/da981897.wp
  • 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), errata, 13 FCC Rcd 4621 (WTB 1998) and 13
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  • 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 Auction of 493 Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 96-716 (rel. May 8, 1996); ``D, E, and F Block Auction Closes -- Winning Bidders in the Auction of 1,479 Licenses To Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 97-81
• 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
  • (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 to Begin July 3," Public Notice, DA 96-872 (rel. May 30, 11 1996). 7 III. BACKGROUND 8. Incentives to ensure participation by small businesses and other "designated entities" were required by Congress when enacting our authority
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  • expected amount of the 113 winning bid for a given license. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94- 131, Report and Order, 10 FCC Rcd 9589, 9650 para. 136 (1995). Id.; see 47 C.F.R. � 24.716(a)(1). 114 17 electronic filing of applications would serve the best interests of auction participants and members of the public monitoring a reauction. Commission policies have consistently encouraged electronic filing. In the 108 Part 1 Third Report and Order, we pointed out that electronic filing helps ensure the accuracy and completeness of applications prior to submission, and we required electronic filing
• 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
  • of financial viability. Id. See also Metricom, Inc.'s Request for Waiver of Section 27.208(a) of the Commission's Rules for Wireless Communications Service Markets: ME30A, ME45A, ME46A, RE01D, RE05C, RE05D, RE06C and RE06D, Order, 13 FCC Rcd 890, 892 (Wireless Tel. Bur. 1998), � 7 (no question of ability to make final payment); Magnacom Wireless, L.L.C., Request for Waiver of Section 24.716(a)(2) of the Commission's Rules, File Nos. 00105CWL97, 00878CWL97 through 00889CWL97, Order, 13 FCC Rcd 766, 768 (Wireless Tel. Bur. 1998), � 7 (the facts indicate that Magnacom was financially qualified at the time its second down payment was due). See Second Supplement at 4. 46 See CPCSI, 12 FCC Rcd at 22944, � 14 (CPCSI, a PCS C block licensee,
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  • 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 Note and Security Agreement executed by
• 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
  • by members of minority groups and women, consortium of small businesses, control group, existing investor, gross revenues, institutional investor, members of minority groups, nonattributable equity, preexisting entity, publicly traded corporation with widely dispersed voting power, qualifying investor, qualifying minority and/or woman investor, small business and total assets used in this section are defined in � 24.720. 8. A new section 24.716 is added to Subpart H to read as follows: � 24.716 Upfront payments, down payments, and installment payments for licenses for frequency Block F. (a) Upfront Payments and Down Payments. (1) Each eligible bidder for licenses on frequency Block F subject to auction shall pay an upfront payment of $0.015 per MHz per pop for the maximum number of licenses
• http://wireless.fcc.gov/auctions/10/releases/da980921.pdf http://wireless.fcc.gov/auctions/10/releases/da980921.txt http://wireless.fcc.gov/auctions/10/releases/da980921.wp
  • WIRELESS COMMUNICATIONS, INC., and WESTERN PCS BTA I CORPORATION For Authority to Construct and Operate Broadband PCS Systems Operating on Frequency Blocks D, E, and F, Memorandum Opinion and Order, DA 97-1345, 12 FCC Rcd 8449 (rel. June 27, 1997) (granting, among other licenses, F block PCS licenses subject to a 6.625 percent interest rate pursuant to 47 C.F.R. � 24.716(a)(2)) and Application of Mercury PCS II, LLC for Authority to Construct and Operate Broadband PCS Systems on Frequency Blocks D, E, and F, Memorandum Opinion and Order, DA 97-1782 (rel. August 21, 1997) (granting F block PCS licenses subject to a 6.125 percent interest rate pursuant to 47 C.F.R. � 24.716(a)(2)). - 4 - applicable interest rate is 7 percent.
• 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
  • (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 to Begin July 3," Public Notice, DA 96-872 (rel. May 30, 11 1996). 7 III. BACKGROUND 8. Incentives to ensure participation by small businesses and other "designated entities" were required by Congress when enacting our authority
• 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
  • expected amount of the 113 winning bid for a given license. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94- 131, Report and Order, 10 FCC Rcd 9589, 9650 para. 136 (1995). Id.; see 47 C.F.R. � 24.716(a)(1). 114 17 electronic filing of applications would serve the best interests of auction participants and members of the public monitoring a reauction. Commission policies have consistently encouraged electronic filing. In the 108 Part 1 Third Report and Order, we pointed out that electronic filing helps ensure the accuracy and completeness of applications prior to submission, and we required electronic filing
• 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
  • of financial viability. Id. See also Metricom, Inc.'s Request for Waiver of Section 27.208(a) of the Commission's Rules for Wireless Communications Service Markets: ME30A, ME45A, ME46A, RE01D, RE05C, RE05D, RE06C and RE06D, Order, 13 FCC Rcd 890, 892 (Wireless Tel. Bur. 1998), � 7 (no question of ability to make final payment); Magnacom Wireless, L.L.C., Request for Waiver of Section 24.716(a)(2) of the Commission's Rules, File Nos. 00105CWL97, 00878CWL97 through 00889CWL97, Order, 13 FCC Rcd 766, 768 (Wireless Tel. Bur. 1998), � 7 (the facts indicate that Magnacom was financially qualified at the time its second down payment was due). See Second Supplement at 4. 46 See CPCSI, 12 FCC Rcd at 22944, � 14 (CPCSI, a PCS C block licensee,
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • cumulative. The definitions required for calculating gross annual revenues are set out in 47 C.F.R. � 24.720(b), (f) and (l). (3) Installment payments Upon issuance of their F-block BTA licenses, winning bidders may elect to pay the balance of their net winning bids (actual bids less the applicable bidding credits) in quarterly installments over ten years. See 47 C.F.R. � 24.716. The installment plans differ depending on the licensee's gross revenues in each of the two preceding years, calculated in accordance with 47 C.F.R. �� 24.709(a)(2), 24.709(b) and 24.720(f)): 32 For licensees with annual revenues of not more than $40 million Interest is based on the rate for ten-year U.S. Treasury obligations at the time the BTA license is issued; Interest-only
• http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
  • gross annual revenues are set out in 47 C.F.R. � 24.720(b), (f) and (l). These bidding credits are not cumulative. (3) Installment payments Upon issuance of their F-block BTA licenses, winning bidders may elect to pay the balance of their net winning bids (actual bids less the applicable bidding credits) in quarterly installments over ten years. See 47 C.F.R. � 24.716. The installment plans differ depending on the licensee's gross revenues in each of the two preceding years (calculated based on 47 C.F.R. �� 24.709(a)(2), 24.709(b) and 24.720(f)): For licensees with annual revenues of not more than $40 million Interest is based on the rate for ten-year U.S. Treasury obligations at the time the BTA license is issued; Interest-only payments may
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  • for the balance and pay it off in quarterly installments over ten years, as specified below. Installment payment plans. Upon issuance of their F block licenses, winning bidders for F block licenses may elect to pay the balance of their net winning bids (actual bids less the applicable bidding credits) in quarterly installments over ten years. See 47 C.F.R. � 24.716; see also 47 C.F.R. � 1.2110(e). The installment plans differ, depending on the licensee's gross revenues in each of the two preceding years, calculated in accordance with 47 C.F.R. �� 24.709(a)(2), 24.709(b) and 24.720(f). For licensees with annual revenues of not more than $40 million� � Interest is based on the rate for ten-year U.S. Treasury obligations at the time
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  • broadband PCS auctions also led us to examine other aspects of our rules, and we have determined that we should take certain steps to streamline our procedures and minimize the possibility of insincere bidding and bidder default. To achieve these goals, to make our F 47 C.F.R. �� 24.709 & 24.715. 10 47 C.F.R. � 24.720. 11 47 C.F.R. � 24.716. 12 47 C.F.R. � 24.717. 13 47 C.F.R. � 24.720. 14 47 C.F.R. �� 24.706 & 24.716. 15 47 C.F.R. � 24.839(d). 16 4 block rules race- and gender-neutral, and in response to the Cincinnati Bell decision, we make the following changes: We amend Section 24.709 and eliminate Section 24.715 of the Commission's Rules to make the 50.1 percent "control
• http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
  • (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 to Begin July 3," Public Notice, DA 96-872 (rel. May 30, 11 1996). 7 III. BACKGROUND 8. Incentives to ensure participation by small businesses and other "designated entities" were required by Congress when enacting our authority
• http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
  • of the board of directors or partnership management committee; (2) the entity has authority to appoint, promote, demote and fire senior executives that control the day-to-day activities of the licensees; and (3) the entity plays an integral role in all major managemen t decisions. See Competitive Bidding Fifth Memorandum Opinion and Order , supra, at � 80. 47 C.F.R. � 24.716(d)(1). 417 96 196. We decline, however, to employ the specific control group equity requirements that we adopted for broadband PCS, because the time frame for the conduct of the WCS auction is 415 likely to be too short to allow for the creation of the type of complex financial relationships as arose in the broadband PCS context. Instead, we will
• 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
  • amortized over the remaining eight years of the license term. The rate of interest on ten-year U.S. Treasury obligations will be determined by taking the coupon rate of interest on the ten-year U.S. Treasury notes most recently auctioned by the Treasury Department before licenses are conditionally granted. Federal Communications Commission FCC 97-82 47 CFR � 1.2111(c). 543 47 CFR � 24.716(c)(1). 544 47 CFR � 24.716(c)(2). 545 47 CFR � 24.716(c)(3). 546 PAGE 145 350. We believe it is appropriate to also adopt the unjust enrichment provisions of our broadband PCS rules in order to prevent large companies from becoming the unintended beneficiaries of these installment payment plans. We believe that these rules are preferable to our current general unjust enrichment
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • it is appropriate to also adopt the unjust enrichment provisions of our broadband PCS rules in order to prevent large companies from becoming the unintended beneficiaries of these installment payment plans. We believe that these rules are preferable to our current general unjust enrichment rules governing installment payments because they provide 543 Federal Communications Commission FCC 97-82 47 CFR � 24.716(c)(1). 544 47 CFR � 24.716(c)(2). 545 47 CFR � 24.716(c)(3). 546 greater specificity about funds due at the time of transfer or assignment and specifically address changes in ownership that would result in loss of eligibility for installment payments, which the general rules do not address. These rules specify that applicants seeking to assign or transfer control of a license
• http://wireless.fcc.gov/auctions/22/releases/da982318.pdf http://wireless.fcc.gov/auctions/22/releases/da982318.txt http://wireless.fcc.gov/auctions/22/releases/da982318.wp
  • given license. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report and Order, 10 FCC Rcd 9589, 9650 para. 136 (1995). C Block Further Notice, 12 FCC Rcd at 16,478-79 para. 94; see 47 C.F.R. � 24.716(a)(1). 12 C Block Fourth Report and Order at para. 33. 13 4 II. Upfront Payments and Initial Maximum Eligibility for Each Bidder In the C Block Further Notice, the Commission explained that, in the Competitive Bidding Second Report and Order, it had indicated that the upfront payment should be set using a formula based upon the amount of spectrum and
• http://wireless.fcc.gov/auctions/22/releases/fc980176.pdf http://wireless.fcc.gov/auctions/22/releases/fc980176.txt http://wireless.fcc.gov/auctions/22/releases/fc980176.wp
  • expected amount of the 113 winning bid for a given license. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94- 131, Report and Order, 10 FCC Rcd 9589, 9650 para. 136 (1995). Id.; see 47 C.F.R. � 24.716(a)(1). 114 17 electronic filing of applications would serve the best interests of auction participants and members of the public monitoring a reauction. Commission policies have consistently encouraged electronic filing. In the 108 Part 1 Third Report and Order, we pointed out that electronic filing helps ensure the accuracy and completeness of applications prior to submission, and we required electronic filing
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • expected amount of the 113 winning bid for a given license. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94- 131, Report and Order, 10 FCC Rcd 9589, 9650 para. 136 (1995). Id.; see 47 C.F.R. � 24.716(a)(1). 114 17 electronic filing of applications would serve the best interests of auction participants and members of the public monitoring a reauction. Commission policies have consistently encouraged electronic filing. In the 108 Part 1 Third Report and Order, we pointed out that electronic filing helps ensure the accuracy and completeness of applications prior to submission, and we required electronic filing
• http://wireless.fcc.gov/auctions/23/releases/da000556.doc http://wireless.fcc.gov/auctions/23/releases/da000556.pdf http://wireless.fcc.gov/auctions/23/releases/da000556.txt
  • at 11. Third Report and Order, 13 FCC Rcd at 433 � 101. See e.g., Metricom, Inc., Request for Waiver of Section 27.208(a), Order, 13 FCC Rcd 890 (1998) (Metricom) (Wireless Telecommunications Bureau granted waiver of payment deadline where 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
• http://wireless.fcc.gov/auctions/35/releases/fc000299.doc http://wireless.fcc.gov/auctions/35/releases/fc000299.pdf http://wireless.fcc.gov/auctions/35/releases/fc000299.txt
  • Report and Order, adopted subsequent to the adoption of this Order on Reconsideration, we modified the bidding credits that will be available to future C and F block auction winners. See C/F Block Sixth Report and Order, paras. 43-45. DEF Report and Order, 11 FCC Rcd at 7842, para. 37. Id. Id. at 7844, para. 41; see 47 C.F.R. � 24.716. DEF Report and Order, 11 FCC Rcd at 7844, para. 42. Small business license winners in the first two C block auctions were eligible for an installment payment plan with an interest rate equal to the ten-year U.S. Treasury rate, a six-year interest-only period, and principal amortized over the remaining four years of the license term. DEF Report and Order,
• http://wireless.fcc.gov/auctions/35/releases/fc000335.doc http://wireless.fcc.gov/auctions/35/releases/fc000335.pdf http://wireless.fcc.gov/auctions/35/releases/fc000335.txt
  • 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 small businesses. See ``Entrepreneur's C Block Auction Closes: FCC Announces Winning Bidders in the Auction of 493 Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 96-716 (rel. May 8, 1996); ``Entrepeneur's C Block Reauction Closes-FCC announces Winning Bidders in the Reauction of 18 Licenses
• http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972324.wp
  • and Section 1.106 of the Commission's rules, 47 C.F.R. � 1.106, the Petition for Reconsideration filed on September 23, 1997, by Mercury PCS II, LLC, IS GRANTED TO THE EXTENT INDICATED HEREIN. 25. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.2107, 1.2109, 24.708, and 24.716 of the Commission's rules, 47 C.F.R. �� 1.2107, 1.2109, 24.708, and 24.716, the nine remaining applications of Mercury PCS II, LLC, set forth in Appendix B ARE HEREBY GRANTED. Grant of each license set forth in Appendix B is expressly conditioned on Mercury's submission of the required payment for each license, as set forth in the Public Notice released on
• http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.pdf http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.txt http://wireless.fcc.gov/auctions/anticollusion/releases/da972451.wp
  • and section 24.830(a)(3) of the Commission's rules, 47 C.F.R. � 24.830(a)(3), the Petition to Deny filed on March 21, 1997, by Mercury PCS II, LLC, IS DENIED. 10. IT IS FURTHER ORDERED that, pursuant to sections 4(i), 309(d), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(d), and 309(j), and sections 1.2109, 24.708, and 24.716 of the Commission's rules, 47 C.F.R. �� 1.2109, 24.708, and 24.716, the applications of High Plains Wireless, L.P. set forth in the Appendix are GRANTED conditioned on High Plains Wireless, L.P.'s compliance with the payment provisions set forth in the Public Notice dated April 28, 1997 granting the broadband PCS D, E, and F block licenses. Grant of these licenses
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 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 is not applicable. For example, the
• 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
  • 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 Provide Regulatory Flexibility in
• 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
  • of the Wireless Telecommunications Bureau to implement regulations pertaining to competitive bidding. In addition, the Order modifies the short-form application (FCC Form 175) See 47 C.F.R. � 24.720(f). The Commission's rules previously defined designated entities as small businesses, 5 businesses owned by women or members of minority groups, and rural telephone companies. 47 C.F.R. � 1.2110(a). See 47 C.F.R. � 24.716(c). 6 4 to include a certification indicating that an applicant seeking installment payment eligibility is not in default on any payment for Commission licenses or delinquent on any non-tax debt owed to any federal agency. 3. In the past, we have tailored auction procedures for different services as we gained experience with the process. As a result, certain procedures vary
• 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
  • U.S.C. �� 309(j)(4)(C), (D). After the Supreme Court's decision in Adarand Constructors v. Pena that federal measures awarding preferential treatment on the basis of race are subject to strict scrutiny, the Commission revised its designated entity provisions so that all designated entities must be small businesses. See Adarand Constructors v. Pena, 115 S. Ct. 2097 (1995). See 47 C.F.R. �� 24.716(d), 24.717(c). 6 Sections 1.2105(a) and 1.2107(c) were erroneously amended by the Order, Memorandum Opinion and Order 7 and Notice of Proposed Rule Making in this docket. The Notice portion of the Order, Memorandum Opinion and Order and Notice of Proposed Rule Making only requested comment on these proposed amendments to the Commission's rules; the Commission did not intend to adopt
• http://wireless.fcc.gov/releases/da02508.pdf http://wireless.fcc.gov/releases/da02508.txt
  • 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 the
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • initial license grant date or until the grantee has met the five-year build-out requirement of 47 C.F.R. � 24.203(a).|||||P 75|PC|Grant of this license is subject to the conditions stated in the Memorandum Opinion and Order, DA 97-328 (rel. Feb. 14, 1997).|||||P 76|PC|This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 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
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • credits. These rules provide that, during the initial license term, licensees utilizing bidding credits and seeking to assign or transfer control of a license to an entity that does not meet the eligibility criteria for bidding credits will be required to reimburse the government for the amount of the bidding credit before Federal Communications Commission FCC 97-50 47 C.F.R. � 24.716(d)(1). 417 47 C.F.R. � 24.716(d)(2). See also 47 C.F.R � 1.2111. 418 97 the transfer will be permitted. Additionally, the rules which we now adopt provide that if, 417 within the original term, a licensee applies to assign or transfer control of a license to an entity that is eligible for a lower bidding credit, the difference between the bidding
• 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
  • 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 to Begin July 3," Public Notice, DA 96-872 (rel. May 30, 1996). 7 III. BACKGROUND 8. Incentives to ensure participation by small businesses and other "designated entities" were required by Congress when enacting our authority to
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000556.doc
  • at 11. Third Report and Order, 13 FCC Rcd at 433 � 101. See e.g., Metricom, Inc., Request for Waiver of Section 27.208(a), Order, 13 FCC Rcd 890 (1998) (Metricom) (Wireless Telecommunications Bureau granted waiver of payment deadline where 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
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • 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 Provide Regulatory Flexibility in
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc
  • Report and Order, adopted subsequent to the adoption of this Order on Reconsideration, we modified the bidding credits that will be available to future C and F block auction winners. See C/F Block Sixth Report and Order, paras. 43-45. DEF Report and Order, 11 FCC Rcd at 7842, para. 37. Id. Id. at 7844, para. 41; see 47 C.F.R. � 24.716. DEF Report and Order, 11 FCC Rcd at 7844, para. 42. Small business license winners in the first two C block auctions were eligible for an installment payment plan with an interest rate equal to the ten-year U.S. Treasury rate, a six-year interest-only period, and principal amortized over the remaining four years of the license term. DEF Report and Order,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00335.doc
  • 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 small businesses. See ``Entrepreneur's C Block Auction Closes: FCC Announces Winning Bidders in the Auction of 493 Licenses to Provide Broadband PCS in Basic Trading Areas,'' Public Notice, DA 96-716 (rel. May 8, 1996); ``Entrepeneur's C Block Reauction Closes-FCC announces Winning Bidders in the Reauction of 18 Licenses
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970883.html http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/da970883.txt
  • Public Notice (i.e., by May 12, 1997). See 47 C.F.R. 1.2109(a), 24.708(a).[5]^(1) F Block Licenses Final Down Payment. All F block applicants identified in this Public Notice have qualified to pay for their licenses by means of a 20 percent down payment (10 percent of which was paid at the close of the auction) and installment payments. See 47 C.F.R. 24.716(a)(2). Grant of each F block license is expressly conditioned on payment of the remaining portion of the 20 percent down payment within 10 business days of the date of this Public Notice (see Down Payment Instructions below). See 47 C.F.R. 1.2110(e)(2), 24.716(a)(2).[6]^(2) Installment Payments. Payment of the remainder of the amount due on each F block license will be made
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980115.html
  • Act relating to universal service; comment deadline extended from January 20 to January 26; replies extended from February 2 to February 6. Dkt No.: CC- 96-45. Action by Chief, Universal Service Branch, Accounting and Audits Division. Adopted: January 14, 1998. by Order. (DA No. 98-63). CCB Internet URL: [14]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980063.html MAGNACOM WIRELESS, L.L.C. Partialy granted a request for waiver of section 24.716(a)(2) of the Commission's rules re: down payment deadlines filed by Magnacom Wireless, L.L.C., the winning bidder for F Block licenses in 13 Basic Trading Area markets in the broadband Personal Communications Services D,E, and F Block auction. Action by Bureau Chief. Adopted: January 14, 1998. by Order. (DA No. 98-62). WTB Internet URL: [15]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980062.txt AUCTION OF LOCAL MULTIPOINT DISTRIBUTION SERVICE.
• http://www.fcc.gov/fcc-bin/audio/DA-06-1944A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1944A1.pdf
  • 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 FCC
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1435.pdf
  • 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 installment payment obligations for C block licen- sees, and on April 28, 1997, extended the suspension to F block licensees. In re Amendment of the Comm'n's Rules Regarding Installment Payment Financing for PCS Licen- sees, Second Report and Order and Further
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1435b.pdf
  • 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 installment payment obligations for C block licen- sees, and on April 28, 1997, extended the suspension to F block licensees. In re Amendment of the Comm'n's Rules Regarding Installment Payment Financing for PCS Licen- sees, Second Report and Order and Further