FCC Web Documents citing 24.717

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

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  • 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 Fifth
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  • §§ 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 for
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  • 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 for
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  • 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 Telecommunications
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  • 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 and
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  • 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 application, which is
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  • 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 application, which is
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  • 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 Documents
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  • 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 (1997)
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  • 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 (1997)
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  • 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 of
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  • 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 Microwave Relocation, Second Report and Order, 12 FCC Rcd 2705 (1997);
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  • 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 the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive
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  • 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 2d.
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  • (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 entrepreneurs
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  • 6; Radiofone Reply to Opposition of Omnipoint at 5-7; Radiofone Reply to Opposition of Pacific Bell at 5; and Radiofone Reply to Opposition of Pocket at 5. Omnipoint Opposition at 6-10; see Pocket Opposition at iii, 1. See Communications Act, § 309(j)(3)(B), 47 U.S.C. § 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
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  • 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 credits are intended to help small businesses within the entrepreneurs' blocks by encouraging large companies to invest in them
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  • 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 the Promotion
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  • 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 Protection
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  • 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 required
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  • 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 and
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  • 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 qualifies as a small business, as defined in § 24.720(b)(1), or a consortium of small businesses may use a bidding credit of fifteen percent,
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  • 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 Report and
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  • 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 the
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  • 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 Review.
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  • 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 credits are intended to help small businesses within the entrepreneurs' blocks by encouraging large companies to invest in them
• 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
  • 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 paragraph (3)(B) . . . ."
• 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
  • 12 FCC Rcd at 16,481 paras. 100-101. 166 Part 1 Third Report and Order, 13 FCC Rcd at 402-04 paras. 44-48. 167 Id. at 388, 403 paras. 18, 46-47. 168 See 47 C.F.R. § 1.2110(e)(2)(iii). 169 See Part 1 Third Report and Order, 13 FCC Rcd at 403-04 para. 47; 47 C.F.R. §§ 1.2110(e)(2)(ii), 24.720. 170 47 C.F.R. §§ 24.712, 24.717. 171 See supra para. 13. 172 See C Block Reconsideration Order, 13 FCC Rcd 8348 at para. 7. 173 25 Further Notice to have two tiers of bidding credits for the next C block reauction, a twenty-five percent bidding credit for small businesses and a thirty-five percent bidding credit for very small businesses.166 46. In order to provide continuity and
• 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
  • a licensee seeks to make any change in ownership that would result in the licensee qualifying for a less favorable installment plan under this section, the licensee shall seek Commission approval and must adjust its payment plan to reflect its new eligibility status. A licensee may not switch its payment plan to a more favorable plan. 9. A new Section 24.717 is added to Subpart H to read as follows: § 24.717 Bidding credits for licenses for frequency Block F. (a) A winning bidder that qualifies as a small business or a consortium of small businesses may use a bidding credit of ten percent to lower the cost of its winning bid. (b) A winning bidder that qualifies as a business
• 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
  • 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 paragraph (3)(B) . . . ."
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  • 12 FCC Rcd at 16,481 paras. 100-101. 166 Part 1 Third Report and Order, 13 FCC Rcd at 402-04 paras. 44-48. 167 Id. at 388, 403 paras. 18, 46-47. 168 See 47 C.F.R. § 1.2110(e)(2)(iii). 169 See Part 1 Third Report and Order, 13 FCC Rcd at 403-04 para. 47; 47 C.F.R. §§ 1.2110(e)(2)(ii), 24.720. 170 47 C.F.R. §§ 24.712, 24.717. 171 See supra para. 13. 172 See C Block Reconsideration Order, 13 FCC Rcd 8348 at para. 7. 173 25 Further Notice to have two tiers of bidding credits for the next C block reauction, a twenty-five percent bidding credit for small businesses and a thirty-five percent bidding credit for very small businesses.166 46. In order to provide continuity and
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • revenues of the bidder and its affiliates, as averaged over the preceding three years: A bidder with gross annual revenues of not more than $15 million receives a 25- percent discount on its winning bids for F-block licenses, and A bidder with gross annual revenues of not more than $40 million receives a 15- percent discount. See 47 C.F.R. § 24.717. The bidding credits are not 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
• http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
  • percent; and Payments must amortize principal and interest over ten years. (4) Unjust enrichment F-block winning bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits or installment financing and subsequently assign or transfer control of their BTA licenses to an entity not qualifying for the special financial provisions. See 47 C.F.R. §§ 24.716(d) and 24.717(d). 3. PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175 ) Due Monday, July 29, 1996 In order to be eligible to bid in this auction, applicants must first submit an FCC Form 175 application to the Commission. This application must be received at the Commission's Gettysburg office by 5:30 p.m. EDT on Monday, July 29, 1996. Late applications will not
• http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
  • 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 group" equity structure, which previously
• 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
  • 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 paragraph (3)(B) . . . ."
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  • such disaggregation is otherwise consistent with our rules. 100. We decline to adopt RTG's proposal to provide rural telcos with a right of first Federal Communications Commission FCC 97-50 Pub. L. No. 104-104, § 101, 110 Stat. 56 (1996). 252 Partitioning and Disaggregation R&O, supra, at ¶¶ 17-18. 253 Id. at ¶ 18. 254 See 47 C.F.R. §§ 1.2110(f) and 24.717(c)(1). For example, if a WCS licensee bid $1,000,000 at auction and received 255 a 25 percent bidding credit ($250,000), it would have been required to pay $750,000 in principal to the U.S. Treasury. If that licensee seeks to partition a portion of its license area which represents 25 percent of the population of its entire license area (calculated at the
• http://wireless.fcc.gov/auctions/17/releases/fc970323.pdf http://wireless.fcc.gov/auctions/17/releases/fc970323.txt http://wireless.fcc.gov/auctions/17/releases/fc970323.wp
  • the aforementioned very small business category with a 35 percent bidding credit, and the retention of a 25 percent bidding credit for small businesses and a 15 percent Federal Communications Commission FCC 97-323 Cook Inlet Petition at 11. 51 Id. 52 CellularVision Notice of Ex Parte Presentation, July 23, 1997. 53 WebCel Petition at 11-12. See also 47 C.F.R. §§ 24.717(a) and (b) and 24.720(b). 54 47 U.S.C. § 309(j)(4)(D). 55 See Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service 56 ("WCS"), GN Docket No. 96-228, Notice of Proposed Rulemaking, FCC 96-441, 61 Fed. Reg. 59048 (rel. November 12, 1996), at ¶ 63; and WCS Report and Order at ¶ 182. See also Section 3001 of
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • bidding credit, and the retention of a 25 percent bidding credit for small businesses and a 15 percent bidding credit for entrepreneurs. Cook Inlet asserts that "increased bidding credits such as these" are 51 Federal Communications Commission FCC 97-323 Id. 52 CellularVision Notice of Ex Parte Presentation, July 23, 1997. 53 WebCel Petition at 11-12. See also 47 C.F.R. §§ 24.717(a) and (b) and 24.720(b). 54 47 U.S.C. § 309(j)(4)(D). 55 See Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service ("WCS"), 56 GN Docket No. 96-228, Notice of Proposed Rulemaking, FCC 96-441, 61 Fed. Reg. 59048 (rel. November 12, 1996), at ¶ 63; and WCS Report and Order at ¶ 182. See also Section 3001 of
• http://wireless.fcc.gov/auctions/22/releases/d990757d.pdf http://wireless.fcc.gov/auctions/22/releases/d990757d.wp
  • § 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, small businesses
• http://wireless.fcc.gov/auctions/22/releases/da990556.pdf
  • 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 be
• 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, we deny
• http://wireless.fcc.gov/auctions/22/releases/e990757d.pdf http://wireless.fcc.gov/auctions/22/releases/e990757d.wp
  • § 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, small businesses
• http://wireless.fcc.gov/auctions/22/releases/er990757.pdf http://wireless.fcc.gov/auctions/22/releases/er990757.wp
  • 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 Type 'Divestiture'
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  • 12 FCC Rcd at 16,481 paras. 100-101. 166 Part 1 Third Report and Order, 13 FCC Rcd at 402-04 paras. 44-48. 167 Id. at 388, 403 paras. 18, 46-47. 168 See 47 C.F.R. § 1.2110(e)(2)(iii). 169 See Part 1 Third Report and Order, 13 FCC Rcd at 403-04 para. 47; 47 C.F.R. §§ 1.2110(e)(2)(ii), 24.720. 170 47 C.F.R. §§ 24.712, 24.717. 171 See supra para. 13. 172 See C Block Reconsideration Order, 13 FCC Rcd 8348 at para. 7. 173 25 Further Notice to have two tiers of bidding credits for the next C block reauction, a twenty-five percent bidding credit for small businesses and a thirty-five percent bidding credit for very small businesses.166 46. In order to provide continuity and
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • 12 FCC Rcd at 16,481 paras. 100-101. 166 Part 1 Third Report and Order, 13 FCC Rcd at 402-04 paras. 44-48. 167 Id. at 388, 403 paras. 18, 46-47. 168 See 47 C.F.R. § 1.2110(e)(2)(iii). 169 See Part 1 Third Report and Order, 13 FCC Rcd at 403-04 para. 47; 47 C.F.R. §§ 1.2110(e)(2)(ii), 24.720. 170 47 C.F.R. §§ 24.712, 24.717. 171 See supra para. 13. 172 See C Block Reconsideration Order, 13 FCC Rcd 8348 at para. 7. 173 25 Further Notice to have two tiers of bidding credits for the next C block reauction, a twenty-five percent bidding credit for small businesses and a thirty-five percent bidding credit for very small businesses.166 46. In order to provide continuity and
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  • 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 Fifth
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  • 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 significant
• 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
  • 6; Radiofone Reply to Opposition of Omnipoint at 5-7; Radiofone Reply to Opposition of Pacific Bell at 5; and Radiofone Reply to Opposition of Pocket at 5. Omnipoint Opposition at 6-10; see Pocket Opposition at iii, 1. See Communications Act, § 309(j)(3)(B), 47 U.S.C. § 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
• http://wireless.fcc.gov/auctions/35/releases/fc000313A.doc http://wireless.fcc.gov/auctions/35/releases/fc000313A.pdf http://wireless.fcc.gov/auctions/35/releases/fc000313A.txt
  • 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 Report and
• http://wireless.fcc.gov/auctions/35/releases/fc010017.doc http://wireless.fcc.gov/auctions/35/releases/fc010017.pdf http://wireless.fcc.gov/auctions/35/releases/fc010017.txt
  • 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 the Promotion
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=11
  • the bidder and its affiliates, as averaged over the preceding three years. * A bidder with gross annual revenues of not more than $15 million receives a 25 percent discount on its winning bids, and * A bidder with gross annual revenues of not more than $40 million receives a 15 percent discount on its winning bids. See 47 C.F.R. 24.717. The bidding credits are not cumulative. The definitions required for calculation gross annual revenues are set out in 47 C.F.R. 24.720(b), (f), and (l). [51]Return to Top Arrow Return To Top Last reviewed/updated on 8/4/2006 [52]FCC Home [53]Search [54]RSS [55]Updates [56]E-Filing [57]Initiatives [58]Consumers [59]Find People General Auctions Information [60]Licensing, Technical Support and Website Issues [61]Auctions Contact Information - [62]Forgot Your
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=78
  • 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 in
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 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 Part
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  • auction 95 received a 15% bidding credit rather than a 25% bidding credit as proposed here. See 47 C.F.R. § 90.814(b)(2). In contrast, a business with average gross revenues of not more than $15 million in the broadband PCS F block auction will receive a 25% bidding credit rather than the 15% bidding credit proposed here. See 47 C.F.R. § 24.717(b). See supra at ¶ 34. 96 25 Average Annual Gross Revenues Bidding Credits Not to exceed $3 million 25% Not to exceed $15 million 15% Not to exceed $40 million 10% We recognize that these credits may differ from those previously adopted for specific services. 95 Based on our past auction experience, however, we believe that the approach taken here
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  • §§ 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 the
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  • 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 stringent
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  • such disaggregation is otherwise consistent with our rules. 100. We decline to adopt RTG's proposal to provide rural telcos with a right of first Federal Communications Commission FCC 97-50 Pub. L. No. 104-104, § 101, 110 Stat. 56 (1996). 252 Partitioning and Disaggregation R&O, supra, at ¶¶ 17-18. 253 Id. at ¶ 18. 254 See 47 C.F.R. §§ 1.2110(f) and 24.717(c)(1). For example, if a WCS licensee bid $1,000,000 at auction and 255 received a 25 percent bidding credit ($250,000), it would have been required to pay $750,000 in principal to the U.S. Treasury. If that licensee seeks to partition a portion of its license area which represents 25 percent of the population of its entire license area (calculated at the
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  • 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 significant
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  • 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 (3)(B) . . . ." See
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  • 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 credits are intended to help small businesses within the entrepreneurs' blocks by encouraging large companies to invest in them
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  • 6; Radiofone Reply to Opposition of Omnipoint at 5-7; Radiofone Reply to Opposition of Pacific Bell at 5; and Radiofone Reply to Opposition of Pocket at 5. Omnipoint Opposition at 6-10; see Pocket Opposition at iii, 1. See Communications Act, § 309(j)(3)(B), 47 U.S.C. § 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
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  • 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 Report and
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  • 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 Fifth