FCC Web Documents citing 24.720
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- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (¶¶ 57-60) (1996) (Cross Ownership Report & Order); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). Cross Ownership Report & Order, 11 FCC Rcd at 7852 (¶ 60). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (¶¶ 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No.
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- Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57- 60 (rel. Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶ 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- estimates that this ratio is approximately accurate for all government entities. Thus, of the 85,006 governmental entities, we estimate that ninety-six percent, or about 81,600, are small entities that may be affected by our rules. The proposals in the Notice affect applicants who wish to provide services in the 4.9 GHz band. We note that pursuant to 47 C.F.R. § 24.720(b), the Commission has previously defined ``small entity'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less that $40 million in the three previous calendar years. This regulation defining ``small entity'' in the context of broadband PCS auctions has been approved by the SBA. We also note that the Commission has adopted this
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- 4812. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, WT Docket 96-59, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 ¶¶ 57-60 (1996) (CMRS Spectrum Cap Report and Order); see also 47 C.F.R. § 24.720(b). See CMRS Spectrum Cap Report and Order, 11 FCC Rcd at 7852 ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). Id. §
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- Commission, from Aida Alvarez, Administrator, Small Business Administration, at 3-4 (Dec. 2, 1998). Trends in Telephone Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 (1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd at 7852; see also 47 C.F.R. § 24.720(b). See Letter to Amy J. Zoslov, Chief (Acting), Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez,
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- 388, ¶ 18. See 47 U.S.C. § 309(j)(3)(B). In our auctions of broadband PCS C and F block licenses, we have provided bidding credits to entities with average annual gross revenues for the preceding three years not exceeding $40 million and entities with average annual gross revenues for the preceding three years not exceeding $15 million. See 47 C.F.R. § 24.720(b)(1) & (2). 47 C.F.R. § 1.2110(f)(2). See Amendments to Part 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, Report and Order, 15 FCC Rcd 16934 (2000); Amendment of the Commission's Rules With Regard to the 3650-3700 MHz Government Transfer Band, First Report and Order and Second Notice of Proposed Rule Making, FCC
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- 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on the results of these spectrum auctions may be obtained from the Commission's Web site at http://www.fcc.gov/wtb/auctions/. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 530, ¶ 133. See Part 1
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- ¶ 3 (1994) (Competitive Bidding Fifth Report and Order). Id. at 5581-82 ¶ 115, 5591 ¶ 133, 5608 ¶ 175; Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994). The Commission also adopted the PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194 (employing the small business size standards used in broadband PCS, because ``the advantages of ready availability and familiarity to many small businesses that might be interested in this spectrum''). We are coordinating these
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- Competition Bureau , Table 5.3 - Number of Telecommunications Service Providers that are Small Businesses (May 2002). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
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- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996). See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report
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- 1.2110(c)(1). Part 1 Third Report and Order, 13 FCC Rcd at 388 ¶ 18; 47 C.F.R. § 1.2110 (c)(1). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994); AWS 1.7 and 2.1 GHz Service Rules Order, 18 FCC Rcd at 25221 ¶ 149. The Commission also adopted the broadband PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194. We are coordinating these proposed small business size standards with the U.S. Small Business Administration. In the
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- for 747-762 and 777-792 MHz Bands (Auction No. 31) Is Rescheduled,'' Public Notice, 16 FCC Rcd 13079 (WTB 2003). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
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- Service'' at Table 5.3, page 5-5 (May 2004). This source uses data that are current as of October 22, 2003. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- Table 5.3 (Number of Telecommunications Service Providers by Size of Business) (June 2005). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- 121.201, NAICS code 517212. Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- 1.2110(c)(1). Part 1 Third Report and Order, 13 FCC Rcd at 388 ¶ 18; 47 C.F.R. § 1.2110 (c)(1). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994); AWS-1 Report and Order, 18 FCC Rcd at 25221 ¶ 149; AWS-2 Service Rules NPRM, 19 FCC Rcd at ¶ 122 (2004). The Commission also adopted the broadband PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194. We are coordinating these proposed small business size standards with
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- 121.201, NAICS code 517212. Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- C.F.R. § 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS)
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- 25162 (2003) (AWS-1 Report and Order). See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). See 47 C.F.R. Part 21, subpart K; Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to
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- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- System (NAICS) code 517210. Id. 13 C.F.R. § 121.201, NAICS code 517210. 13 C.F.R. § 121.201, NAICS codes 517211, 517212. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- System (NAICS) code 517210. Id. 13 C.F.R. § 121.201, NAICS code 517210. 13 C.F.R. § 121.201, NAICS codes 517211, 517212. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- and township governments nationwide was 38,967, of which 35,819 were small. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- C.F.R. § 121.201, NAICS code 517210. Id. Trends in Telephone Service, tbl. 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- small business preferences, will be determined based on the attribution rules in effect at the time of filing their short-form applications. Id. at ¶ 67. See Part 1 Fifth Report and Order, 65 Fed. Reg. 52,323 (August 29, 2000) (summary). Part 1 Fifth Report and Order, ¶ 78. In addition to the attribution rule change, compare, e.g., 47 C.F.R. § 24.720(e) (definition of ``Rural Telephone Company'' in the broadband PCS rules) with 47 C.F.R. § 1.2110(b)(3) (definition of ``Rural Telephone Company'' in the Part 1 rules). The Bureau notes that time may not permit conforming edits to the Part 24 C and F block rules to be made in advance of Auction No. 35. See Part 1 Third Report and Order
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- before March 23, 2001, even if their total assets and gross revenues exceed the financial caps for auction participation as an entrepreneur. This exception does not extend to F block licenses. Small Business Bidding Credit Eligibility (FCC Form 175 Exhibit D) Bidding credits are available to small and very small businesses, or consortia thereof, (as defined in 47 C.F.R § 24.720(b)) that win licenses in open bidding. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, together with its affiliates and controlling interests of the bidder and its affiliates: A bidder with average annual gross
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- provide the correct figure of its total assets, TeleCorp provided an admittedly incorrect response to this item in its application, apparently in the mistaken belief that the figure was irrelevant. For the reasons discussed above, this figure is relevant, and applicants proposing to assign or transfer C and F block licenses must provide asset and revenue determinations, pursuant to sections 24.720(f) and (g) of the Commission's rules, for the proposed assignees or transferees. Further, to the extent those assets and revenues exceed the $125 million/$500 million limits in section 24.709(a), applicants must explain how these increased revenues and assets are nonattributable pursuant to section 24.709(a)(3). Qualifying Investors' Equity Requirements Nextel has challenged TeleCorp's ownership structure, arguing that the structure does not
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- Notice''). On August 29, 2000, DiGiPH filed an application to assign its international section 214 authorization to Eliska. See infra ¶¶ 22-23. 47 C.F.R. §§ 24.839(a)(2) and 24.709(a). See Application at Schedule A. Id.; see also 47 C.F.R. §§ 24.711(b)(3) (applicants with revenues of less than $40 million in the last two years are eligible for small business financing) and 24.720 (applicants with revenues of less than $40 million in the last two years are eligible for bidding credit as a small business). Application, Exhibit 1 at 2. 47 C.F.R. § 24.709(b)(4)(i). We note that although the Commission adopted a uniform attribution rule effective October 30, 2000, with respect to C and F block PCS licenses, the eligibility of proposed assignees
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- filing with the SEC, Leap's consolidated balance sheet shows that, as of February 29, 2000, Leap had over $1 billion in total assets. In the pending assignment applications filed April 18, 2000, however, Leap stated its total assets as $494.8 million. Nextel argues that Leap must explain this discrepancy. In response, Leap states that, pursuant to the requirements of section 24.720(g) of the Commission's rules, Leap reported its total assets based on its most recent audited financial statement, which reflects Leap's assets as of August 31, 1999, and that Leap provided that number in the assignment applications. Further, Leap explains that interim quarterly financial statements filed by public companies with the SEC are not based on audited financial statements, but rather
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- (D.C. Cir. 1994)). 40 Id., 13 FCC Rcd at 18714 ¶ 8 (1998) (citations omitted). 41 Application of DCR PCS, Inc. Applications for Broadband PCS C Block Licenses, Order, 11 FCC Rcd 16849 (WTB 1996) (DCR PCS). 42 Id., 11 FCC Rcd at 16859 ¶ 29. 43 Id., 11 FCC Rcd at 16861 ¶ 32. 44 See 47 C.F.R. § 24.720(l) (1996). 45 We note that subsequent to Auction No. 30, the Commission revised its attribution rules and that under those new rules, officers and directors will be considered to have de facto control over an applicant. See Amendment of Part 1 of the Commission's Rules, Competitive Bidding Rules, WT Docket No. 97-82, Order on Reconsideration of the Third Report and
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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 Personal
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- 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 Personal
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- requirements of Section 24.709 and demonstrate in Exhibit C that they have met these requirements. Exhibit D: Designated Entities Pursuant to Commission Rules, small and very small businesses, or consortia thereof, which are the high bidders on open licenses are eligible for bidding credits of fifteen and twenty-five percent, respectively. Small businesses and very small businesses are defined in section 24.720(b) of the Commission's rules. See 47 C.F.R. § 24.720(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit D. We nonetheless note that we are interested in the status of applicants as minority-owned or women-owned businesses for statistical purposes. See 47 U.S.C. § 153 (37); see also 47 C.F.R. §§ 24.720(c)(1), 24.720(e). To demonstrate
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- Section 3.8, ``Board of Directors Ultimate Control'' of the Management Agreement). 47 C.F. R. § 24.839(d)(2) (1999). 47 C.F.R. § 24.709(a)(1) (1999). Centennial Petition at 6. Centennial Reply, at 2 (``While it appears that ClearComm does hold de jure control over NewComm . . ..''). Pro Forma Application. 47 C.F.R. § 24.709(a)(1) (1999). ``Affiliate'' is defined in Sections 1.2110(b)(4) and 24.720(l)(1) of the Commission's rules. 47 C.F.R. §§ 1.2110(b)(4) and 24.720(l) (1999). 47 C.F.R. § 24.720(l) (1999). We note that although the Commission has moved from a ``control group'' test to a ``controlling interests test'' the definition of affiliate has remained the same. Compare 47 C.F. R. § 24.720(l) (1999) with 47 C.F.R. § 1.2110(b)(4) (2001). Application of Baker Creek Communications,
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- directly or indirectly controls or has the power to control the applicant, or (ii) is directly or indirectly controlled by the applicant, or (iii) is directly or indirectly controlled by a third person or parties who are also controlled or have the power to control the applicant, or (iv) has an `identity of interest' with the applicant.'' 47 C.F.R. § 24.720(l); see also 47 C.F.R. § 1.2110(c)(5) (same definition of affiliate). See Application of Baker Creek Communications, L.P., Memorandum Opinion and Order, 13 FCC Rcd 18709, 18712, ¶ 6 (PSPWD 1998) (``Baker Creek'') (citing Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band to Reallocate the 29.5-30.0 GHz Band, to
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- The eligibility for small business preferences, will be determined based on the attribution rules in effect at the short-form application deadline. Id. at ¶ 67. See Part 1 Fifth Report and Order, 65 Fed. Reg. 52,323 (August 29, 2000) (summary). Part 1 Fifth Report and Order, ¶ 78. In addition to the attribution rule change, compare, e.g., 47 C.F.R. § 24.720(e) (definition of ``Rural Telephone Company'' in the rules) with 47 C.F.R. § 1.2110(c)(4) (definition of ``Rural Telephone Company'' in the Part 1 rules). See Part 1 Third Report and Order at 382, ¶ 5; Part 1 Fifth Report and Order, ¶ 78. 47 C.F.R. § 1.2110 (c)(2). For further guidance on the issue of de facto control, see the Commission's
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- F block broadband PCS auction that closed on April 15, 1999, requested a waiver of section 1.2105(b)(2) to change its designated entity status from ``small business'' to ``very small business'' subsequent to the close of the auction. Alternatively, Highland requested a ``remedial'' bidding credit equal to 25 percent of its high bids and a refund of overpayments. 2. Under section 24.720(b) of the Commission's rules, among the entities eligible to bid in Auction No. 22 were two categories of small businesses: (1) small businesses, which are entities that, together with their affiliates and persons or entities that hold interests in such entities and their affiliates, have average annual gross revenues that do not exceed $40 million for the preceding three years,
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- 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 F Block Broadband PCS Auction Closes, Public Notice, 16 FCC Rcd. 2339, 2339, 2356-66 (2001) (``Closing PN''). The above-captioned applications originally were filed on February 12, 2001, but have been amended and supplemented since the initial filing. Alaska Native Wireless filed two long-form applications in order to separate those markets for
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- certain portions of section 1.2110 of the Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part
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- certain portions of section 1.2110 of the Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part
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- 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; Sprint Reply
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- 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; Sprint Reply
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- 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 in
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- Eligibility The Applicants first suggest that New Leap should be eligible to acquire set-aside licenses and be eligible for designated entity benefits without the need for a waiver of the Commission's rules. The Applicants offer this position despite their acknowledgement that New Leap's gross revenues and total assets exceed the financial eligibility caps set forth in both sections 24.709(a) and 24.720(b). In support of this theory, the Applicants contend that all of New Leap's assets and revenues are ``the product of `revenues from operations,' `business development or expanded service,' or `the normal projected growth' of Leap's gross revenues and assets,'' and should therefore be excluded under the ``permissible growth'' exception of section 24.709(a)(2). The Applicants apparently maintain that the permissible growth
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- the public would benefit from continuing to extend the grandfather exception to entities that have grown too large to meet the Commission's entrepreneur eligibility requirements. Here too, we will address this matter separately. Bidding Credit Eligibility (FCC Form 175 Exhibit D) Bidding credits are available to small and very small businesses, or consortia thereof, (as defined in 47 C.F.R. § 24.720(b)) that win C and F block licenses in open bidding. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its
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- 16; EchoStar Direct TV HDO at 20574, ¶ 26. See also 2000 Biennial Regulatory Review Spectrum Aggregation Limits For Commercial Mobile Radio Services, Report and Order, 16 FCC Rcd. 22668, 22696, ¶ 55 (2001), citing 47 U.S.C. §§ 301, 303, 309(j), 310(d). See supra para 7; see also generally, Waiver Request. See 47 C.F.R. § 24.711(c). See 47 C.F.R. § 24.720(b). 47 C.F.R. § 1.2111(c). Id. Id. The Commission has previously clarified that the approval of an assignment or transfer that results in installment payment unjust enrichment is conditioned upon the full payment of the required unjust enrichment payment on or before the consummation date. See In the Matter of Amendment of Part 1 of the Commission's Rules - Competitive Bidding
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- 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 Procedures, Third
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- purposes of determining whether the applicant is eligible for closed bidding licenses. See 47 C.F.R. § 24.709(a)(2). Applicants that can make this showing qualify to be granted C block licenses won in closed bidding. EXHIBIT D: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Section 24.720(b) of the Commission's rules establishes the following categories of designated entities as eligible for bidding credits: very small businesses, small businesses, consortia of very small businesses, and consortia of small businesses in the Broadband PCS auction (Auction No. 58). See 47 C.F.R. § 24.720(b). Very Small Businesses under Section 24.720(b): A very small business is an entity that, together with
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- to provide information for entity(ies) with which the applicant has an attributable material relationship as required by our rules. In addition, applicants can use Exhibit D to explain updates to the pre-filled information from the FCC Form 175. Pursuant to Section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Section 24.720(b) of the Commission's rules specifies the following designated entities as eligible for bidding credits in the Broadband PCS Auction (Auction No. 71): a very small business, a small business, a consortium of very small businesses, and a consortium of small businesses. Very Small Businesses under Section 24.720(b)(2): A very small business is an entity that, together with its affiliates and
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- Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, 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
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- Businesses under Section 1.2110(f)(2)(iii): A very small business is an entity that, together with its affiliates and controlling interests, has had average annual gross revenues not exceeding $15 million for the preceding three years. Very small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§ 1.2110(f)(2)(iii), 24.712(b), 24.720(b)(2), 27.1102(b)(2). Small Businesses under Section 1.2110(f)(2)(ii): A small business is an entity that, together with its affiliates and controlling interests, has had average gross revenues that exceed $15 million but do not exceed $40 million for the preceding three years. Small businesses are eligible for bidding credits of fifteen percent (15%) to lower the cost of their winning bids. See
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- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- we grant Cricket Reauction's request for waiver of the filing deadline. Background The license for Station KNLH652 authorizes Personal Communications Service (PCS) in the Owensboro, Kentucky market (BTA338) (Owensboro Market). Troup EMC Communications, Inc. (Troup EMC) won the F-block license for Station KNLH652 in Auction No. 11, the Broadband PCS (DEF block) auction, as a small business entity under Section 24.720(b) of the Commission's rules. The Commission granted Troup EMC the license for Station KNLH652 on April 28, 1997, with a ten-year license term ending April 28, 2007. According to ULS records, Troup EMC assigned the license to Banana Communications, LLC (Banana) on May 24, 2001, and Banana assigned the license to Cricket Reauction on November 14, 2001. On April 26,
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- Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See
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- Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See
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- Nov. 19, 2010); http://factfinder.census.gov. 27Id. 28SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 785052, paras. 5760 (1996) ("PCS Report and Order"); see also47 C.F.R. §24.720(b). 29SeePCS Report and Order, 11 FCC Rcd at 7852, para. 60. 30SeeLetter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. 31SeeBroadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). 3752 Federal Communications Commission
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- million/ J Although we MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Red 374 (1997) ("Part / Third Report and Order" and '"Second Further Notice of Proposed Rule Making'''), recon. pending. 299 TWDC Comments at 8. 300 See NPRM at paras. 85-86. 301 Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). 302 NPRM at para. 87. See Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515(1996). 303 For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting
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- Channels 59-69 in connection with the upcoming auction of licenses for this portion of the spectrum. In addition, we seek comment on whether any or all of these mechanisms could be used to facilitate band clearing of Channels 52-58 in connection with our future licensing of this lower portion of the spectrum for wireless services. 159 See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.2IO(b); 47 C.F.R. § 101.1209(b). 160 Fresno Mobile Radio, Inc. v FCC et al,, 165 F.3d 965 (D.C. Cir. 1999) (Fresno). 161 See Part 1 Third Report and Order, 13 FCC Red at 403-04, paras. 47-48. First Report and Order at para. 145. 20878 Federal Communications Commission_________FCC 00-224 A. COST-SHARING RULES 82. We seek comment on whether
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- 5, SIC code 4812. Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, paras. 57- 60 (rel. Jun. 24, 1996), 61 Fed. Reg. 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, para. 60 (1996), 61 Fed. Reg. 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253,
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- (Wireless Telecommunications Bureau (October 23, 1998). Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 0.331(d) to make ministerial conforming edits. The Order has not yet been published in the FCC Record and its summary has not yet been published in the Federal Register. Accordingly, the corrections set forth in this erratum shall be incorporated into the text of the Order prior to such publication. 1. Paragraph 18 is modified by adding sections 24.714(e), 24.714(f), 24.720(m)(4), and 24.720(o) to the list of rules that have been removed or modified. 2. Paragraph 18 is modified by adding the section 24.720(o) to the list of rules that have been corrected pursuant to the Bureau's authority under section 0.331(d) of the Commission's rules. 3. In the Appendix of the Order, section 24.714 is modified by adding the redesignation of
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- of Governments." Id. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, 7850-52, ¶¶ 57- 60 (1996) (Spectrum Cap Report and Order), 61 Fed. Reg. 33859 (Jul. 1, 1996); see also 47 CFR § 24.720(b). See Spectrum Cap Report and Order, 11 FCC Rcd at 7852, ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (released Jan. 14, 1997). 13 C.F.R. §
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- § 121.201, SIC Code 4812. Id. Carrier Locator at Fig. 1. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at para. 60. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
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- 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees
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- and assets are attributable to Leap. Carolina PCS, however, presents no arguments in its 1999 Application for Review that would lead us to change CWD's decision. We therefore affirm that decision for the reasons stated therein. The Leap Order, however, did not address the issue Carolina PCS raises as to whether QUALCOMM should be considered Leap's predecessor-in-interest pursuant to section 24.720(f) of the Commission's rules. Accordingly, we address this issue below. Carolina PCS argues that notwithstanding the PTC Exception, Leap still exceeds the assets and revenues requirements of our rules for designated entities because the gross revenues and total assets of QUALCOMM must be attributed to Leap as Leap's predecessor-in-interest. In defining gross revenues, section 24.720(f) states, in part, that for
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- understanding that Teligent and its related companies have less than 1,500 employees, though this may change in the future. However, TRW is not a small entity. Therefore, only one incumbent licensee in the 24 GHz band is a small business entity. New Licensees. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- were relocated from the 18 GHz band, Teligent and TRW, Inc. Both Teligent and TRW appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- of the Communications Act -- Competitive Bidding, PP Docket 93-253, Sixth Report and Order, 11 FCC Rcd 136 (1995) ("Competitive Bidding Sixth Report and Order"), aff'd sub nom., Omnipoint Corp. v. FCC, 78 F.3d 620 (D.C. Cir. 1996) ("Omnipoint"). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994) (``Competitive Bidding Fifth Report and Order''); Order on Reconsideration, 9 FCC Rcd 4493 (1994) ("Competitive Bidding Order on Reconsideration"), Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd 403; Competitive Bidding Sixth Report and Order, 11
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- Locator Interstate Service Providers, Figure 1 (January 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). The
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- 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (¶¶ 57-60) (1996) (Cross Ownership Report & Order); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). Cross Ownership Report & Order, 11 FCC Rcd at 7852 (¶ 60). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (¶¶ 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No.
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- WirelessServices BroadbandPersonalCommunicationsService(PCS).ThebroadbandPCSspectrumisdivided intosixfrequencyblocksdesignatedAthroughF,andtheCommissionhasheldauctionsforeachblock. TheCommissiondefined"smallentity"forBlocksCandFasanentitythathasaveragegrossrevenues 506 13CF.R. §121.201,SICcode4841. 50? Forpurposesofthisitem,MDSincludesboththesinglechannelMultipointDistributionService(MDS)andthe MultichannelMultipointDistributionService(MMDS). 508 47CF.R.§1.2110(a)(1). 509 AmendmentofParts21and74oftheCommission'sRuleswithRegardtoFilingProceduresintheMultipoint DistributionServiceandintheInstructionalTelevisionFixedServiceandImplementationofSection309(j)ofthe CommunicationsAct-CompetitiveBidding,10FCCRcd9589(1995),60FR36524(JuI.17,1995). 510 47U.s.C§309(j). 511 !d. ABasicTradingArea(BTA)isthegeographicareabywhichtheMultipointDistributionServiceislicensed. SeeRandMcNally1992CommercialAtlasandMarketingGuide,123rdEdition,pp.36-39. 23100 FederalCommunicationsCommission FCC00-366 of$40millionorlessinthethreepreviouscalendaryears.512ForBlockF,anadditionalclassification for"verysmallbusiness"wasaddedandisdefinedasanentitythat,togetherwithitsaffiliates,has averagegrossrevenuesofnotmorethan$15millionfortheprecedingthreecalendaryears.513These regulationsdefining"smallentity"inthecontextofbroadbandPCSauctionshavebeenapprovedbythe SBA.514NosmallbusinesseswithintheSBA-approveddefinitionbidsuccessfullyforlicensesinBlocks AandB.Therewere90winningbiddersthatqualifiedassmallentitiesintheBlockCauctions.Atotal of93smallandverysmallbusinessbidderswonapproximately40percentofthe1,479licensesfor BlocksD,E,andF.515Basedonthisinformation,weconcludethatthenumberofsmallbroadbandPCS licenseeswillincludethe90winningCBlockbiddersandthe93qualifyingbiddersintheD,E,andF blocks,foratotalof183smallentityPCSprovidersasdefinedbytheSBAandtheCommission'sauction rules. CellularLicensees.NeithertheCommissionnortheSBAhasdevelopedadefinitionofsmall entitiesapplicabletocellularlicensees.Therefore,theapplicabledefinitionofasmallentityisthe definitionundertheSBArulesapplicabletoradiotelephone(wireless)companies.Thisprovidesthata smallentityisaradiotelephonecompanyemployingnomorethan1,500persons.516Accordingtothe BureauoftheCensus,onlytwelveradiotelephonefirmsfromatotalof1,178suchfirmsthatoperated during1992had1,000ormoreemployees.517Therefore,evenifalltwelveofthesefirmswerecellular telephonecompanies,nearlyallcellularcarriersweresmallbusinessesundertheSBA'sdefinition.In addition,wenotethatthereare1,758cellularlicenses;however,acellularlicenseemayownseveral licenses.Inaddition,accordingtothemostrecentTrendsinTelephoneServicedata,808carriers reportedthattheywereengagedintheprovisionofeithercellularservice,PersonalCommunications Service(PCS),orSpecializedMobileRadioTelephone(SMR)service,whichareplacedtogetherinthe data.518Wedonothavedataspecifyingthenumberofthesecarriersthatarenotindependentlyowned andoperatedorhavemorethanl,500employees,andthusareunableatthistimetoestimatewithgreater precisionthenumberofcellularservicecarriersthatwouldqualifyassmallbusinessconcernsunderthe SBA'sdefinition.Consequently,weestimatethatthereare808orfewersmallcellularservicecarriers thatmaybeaffectedbyanyregulationsadoptedpursuanttothisproceeding. FixedMicrowaveServices.Microwaveservicesincludecommoncarrier,519private-operational fixed,520andbroadcastauxiliaryradioservices.521Atpresent,thereareapproximately22,015common 512 See AmendmentofParts20and24oftheCommission'sRules-BroadbandPCSCompetitiveBiddingandthe CommercialMobileRadioServiceSpectrumCap,WTDocketNo.96-59;AmendmentoftheCommission's CeIlularlPCSCross-OwnershipRule,GNDocket90-314,ReportandOrder,11FCCRcd7824,7850-52,,-r47C.F.R.§24.720(b). 513 CrossOwnershipReport&Order, 11FCCRcdat7852,,-r60. 514 See,e.g., ImplementationofSection309(j)oftheCommunicationsAct-CompetitiveBidding,PPDocket No.93-253,FifthReportandOrder,9FCCRcd5532,5581-84,,-r,-r114-20(1994). 515FCCNews,BroadbandPCS,D,EandFBlockAuctionCloses,No.71744(reI.Jan.14,1997). 51613C.F.R.§121.201,SICcode4812. 5171992Census,SeriesUC92-S-1,atTable5,SICcode4812. 518FCC,CommonCarrierBureau,IndustryAnalysisDivision,TrendsinTelephoneService,Table19.3(March 2000). 51947C.F.R.§§101etseq.(formerly,part21oftheCommission'sRules). 23101 FederalCommunicationsCommission FCC00-366 carrierfixedlicenseesand61,670privateoperational-fixedlicenseesandbroadcastauxiliaryradio licenseesinthemicrowaveservices.TheCommissionhasnotyetdefinedasmallbusinesswithrespect tomicrowaveservices.ForpurposesofthisIRFA,wewillutilizetheSBA'sdefinitionapplicableto radiotelephonecompanies--i.e.,anentitywithnomorethan1,500persons.522Weestimate,forthis purpose,thatalloftheFixedMicrowavelicensees(excludingbroadcastauxiliarylicensees)would qualifyassmallentitiesundertheSBAdefinitionforradiotelephonecompanies. RuralRadiotelephoneService.TheCommissionhasnotadoptedadefinitionofsmallentity specifictotheRuralRadiotelephoneService.523AsignificantsubsetoftheRuralRadiotelephone ServiceistheBasicExchangeTelephoneRadioSystems(BETRS).524WewillusetheSBA'sdefinition applicabletoradiotelephonecompanies,i.e.,anentityemployingnomorethan1,500persons.525There areapproximately1,000licenseesintheRuralRadiotelephoneService,andweestimatethatalmostallof themqualifyassmallentitiesundertheSBA'sdefinition. D. Description ofProjectedReporting,Recordkeeping,andOtherComplianceRequirements The CompetitiveNetworksFirstReportandOrderrequiresincumbentLECstorespond promptlytorequestsbybuildingownerstoidentifythelocationofthedemarcationpoint.The CompetitiveNetworfr.sFirstReportandOrderholdsthatifanincumbentLECfailstoproducethis informationwithintenbusinessdaysoftherequest,thepremisesownermaypresumethedemarcation pointtobelocatedattheminimumpointofentry(MPOE).526The CompetitiveNetworksFirstReport andOrderfurtherrequiresthatwhereLECsdonotestablishapracticeofplacingthedemarcationpoint attheMPOE,theyfullyinformbuildingowners,atthetimeofinstallation,oftheiroptionsregarding placement. The CompetitiveNetworksFirstReportandOrderholdsthatinordertofurthercompetition,a requestbyapropertyownertorelocatethedemarcationpointtotheMPOEmustbeaddressedbyan incumbentLECinareasonablytimelyandfairmanner,soasnottoundulydelayorhindercompetitive (Continuedfrompreviouspage)------------ 520Personseligibleunderparts80and90oftheCommission'srulescanusePrivateOperational-FixedMicrowave services.See47C.F.R.parts80and90.Stationsinthisservicearecalledoperational-fixedtodistinguishthemfrom commoncarrierandpublicfixedstations.Onlythelicenseemayusetheoperational-fIxedstation,andonlyfor communicationsrelatedtothelicensee'scommercial,industrial,orsafetyoperations. 521AuxiliaryMicrowaveServiceisgovernedbypart74ofTitle47oftheCommission'sRules.See47C.F.R.§§74et seq. Availabletolicenseesofbroadcaststationsandtobroadcastandcablenetworkentities,broadcastauxiliary microwavestationsareusedforrelayingbroadcasttelevisionsignalsfromthestudiotothetransmitter,orbetweentwo pointssuchasamainstudioandanauxiliarystudio.Theservicealsoincludesmobile1Vpickups,whichrelaysignals fromaremotelocationbacktothestudio. 52213C.F.R.§121.201,SIC4812. 523TheserviceisdefmedinSection22.99oftheCommission'sRules,47C.F.R.§22.99. 524BETRSisdefmedinSections22.757and22.759oftheCOI11rPission'sRules,47C.F.R.§§22.757and22.759. 52513C.F.R.§121.201,SICcode4812.
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- Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57- 60 (rel. Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶ 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. § 1601 et seq.). Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 2 (Eligibility for Assignment as Entrepreneur) to Form 603 at 1(citing 47 C.F.R. §§ 24.720(l)(11), 24.709(a)(2)) (``Omnipoint/Cook Inlet Eligibility Statement''). Id. at 2. The DE licenses that Omnipoint acquired in Auction No. 22 will be held by CIVS III, and the rest of Omnipoint's DE licenses will be held by CIVS II. Omnipoint/Cook Inlet Public Interest Statement at 2. VoiceStream/Omnipoint Public Interest Statement at 6, 11. The parties state that the combined company will hold
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- 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. § 1601 et seq.). Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 2 (Eligibility for Assignment as Entrepreneur) to Form 603 at 1(citing 47 C.F.R. §§ 24.720(l)(11), 24.709(a)(2)) (``Omnipoint/Cook Inlet Eligibility Statement''). Id. at 2. The DE licenses that Omnipoint acquired in Auction No. 22 will be held by CIVS III, and the rest of Omnipoint's DE licenses will be held by CIVS II. Omnipoint/Cook Inlet Public Interest Statement at 2. VoiceStream/Omnipoint Public Interest Statement at 6, 11. The parties state that the combined company will hold
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- Block Fourth Report and Order, 13 FCC Rcd at 15,747-48, para. 8. Conestoga Petition; DiGiPH Petition. C Block Fourth Report and Order, 13 FCC Rcd at 15,747-48, para. 8. See 47 C.F.R. § 1.2110. See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. § 309(j)(4)(D). See 47 C.F.R. § 24.709. Id. § 24.709(a)(1); see id. § 24.720; Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994) ("Competitive Bidding Fifth Report and Order"), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995), aff'd sub nom., Omnipoint Corp. v. FCC, 78 F.3d 620 (D.C. Cir.
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- exchange service, including exchange access, to fewer than 50,000 access lines; (3) Provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or (4) Has less than 15 percent of its access lines in communities of more than 50,000 on the date of enactment of the Telecommunications Act of 1998. 47 C.F.R. § 24.720(e) (1998). See former section 24.714 of the rules, 47 C.F.R. § 24.714 (1996), for the geographic partitioning rule for rural telcos. Amendment of the Commission's Rules to Establish New Personal Communications Services, GEN Docket No. 90-314, Second Report and Order, 8 FCC Rcd. 7700 (1993) (Broadband PCS Second Report and Order). Amendment of the Commission's Rules to Establish New Personal
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- Teligent and TRW, Inc. Both Teligent and TRW, Inc. appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The rules that we may later adopt could also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- Rcd at 2044-45, para. 35. Fox I, 10 FCC Rcd at 8471, 8473, paras. 43 & 47; see also NextWave, 12 FCC Rcd at 2044-45, para. 35. Fox I, 10 FCC Rcd at 8454, para. 2. Id. at 8474, para. 50. Id. at 8471-74, paras. 43-74. See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. §§ 24.709, 24.712, 24.720. NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. Fox I, 10 FCC Rcd at 8474, para. 49. Applicants Feb. 9 Response to Supplemental Information Request at 17-18. Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the number of common shares that
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- (Wireless Telecommunications Bureau (October 23, 1998). Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 5, SIC code 4812. Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, paras. 57- 60 (rel. Jun. 24, 1996), 61 Fed. Reg. 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, para. 60 (1996), 61 Fed. Reg. 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253,
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- Series UC92-S-1, at Table 5, SIC code 4812. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). Id.
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- Series UC92-S-1, at Table 5, SIC code 4812. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). Id.
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- § 121.201, SIC Code 4812. Id. Carrier Locator at Fig. 1. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at ¶ 60. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 13 C.F.R. § 121.201, SIC Code 4812. This definition provides that a small entity is a radiotelephone company employing no more than 1,500 persons. U.S. Bureau of the Census, U.S. Department
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- cellular, Personal Communications Service (PCS) and Specialized Mobile Radio (SMR) carriers. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. at para. 60. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). Carrier Locator at Figure 1. 5 U.S.C. § 603(c). CPNI Order, 13 FCC Rcd at 8098-8100, paras. 49-50. See CPNI Reconsideration Order, 14 FCC Rcd at 14472-75, paras. 125-27 (adjusting certain
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- 4812. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, WT Docket 96-59, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 ¶¶ 57-60 (1996) (CMRS Spectrum Cap Report and Order); see also 47 C.F.R. § 24.720(b). See CMRS Spectrum Cap Report and Order, 11 FCC Rcd at 7852 ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). Id. §
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- 513322. FCC Trends in Telephone Report, Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, paras. 57-60 (rel. Jun. 24, 1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, para. 60 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
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- Bureau of the Census, 1992 Census of Transportation, Communications, and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5 (1995) (1992 Census, Series UC92-S-1), NAICS code 513322. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 ¶¶ 115, 5606-10, ¶¶ 172-80 (1994). see also 47 C.F.R. § 24.720(b). 47 C.F.R. § 24.720(b)(2); see Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60 (1996). See, e.g., Letter from Aida Alvarez, Administrator, U.S. Small Business Administration, to Amy J.
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- Commission, from Aida Alvarez, Administrator, Small Business Administration, at 3-4 (Dec. 2, 1998). Trends in Telephone Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 (1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd at 7852; see also 47 C.F.R. § 24.720(b). See Letter to Amy J. Zoslov, Chief (Acting), Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez,
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- Teligent and TRW, Inc. Both Teligent and TRW, Inc. appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The rules that we may later adopt could also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- 388, ¶ 18. See 47 U.S.C. § 309(j)(3)(B). In our auctions of broadband PCS C and F block licenses, we have provided bidding credits to entities with average annual gross revenues for the preceding three years not exceeding $40 million and entities with average annual gross revenues for the preceding three years not exceeding $15 million. See 47 C.F.R. § 24.720(b)(1) & (2). 47 C.F.R. § 1.2110(f)(2). See Amendments to Part 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, Report and Order, 15 FCC Rcd 16934 (2000); Amendment of the Commission's Rules With Regard to the 3650-3700 MHz Government Transfer Band, First Report and Order and Second Notice of Proposed Rule Making, FCC
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- 13 C.F.R. § 121.201, SIC code 4812. Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57- 60 (1996); see also 47 C.F.R. § 24.720(b). See id. at para. 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. January 14, 1997). 47 C.F.R. § 90.814(b)(1). 5 U.S.C. § 603 (c). See 47
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- 1998). Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR Section 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on the results of these spectrum auctions may be obtained from the Commission's Web site at http://www.fcc.gov/wtb/auctions/. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 530, ¶ 133. See Part 1
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- 1998). Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR Section 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- auction experience. See also 47 C.F.R. § 1.2110(f)(2). In our auctions of broadband PCS C and F block licenses, we have provided bidding credits to entities with average annual gross revenues for the preceding three years not exceeding $40 million and entities with average annual gross revenues for the preceding three years not exceeding $15 million. See 47 C.F.R. § 24.720(b)(1) & (2). See Amendments to Part 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, 15 FCC Rcd 16934 (2000); Amendment of the Commission's Rules With Regard to the 3650-3700 MHz Government Transfer Band, First Report and Order and Second Notice of Proposed Rule Making, FCC 00-363, 15 FCC Rcd 20488 (2000). Amended
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- Detailed Statistics by Industry: 1997, NAICS code 334220 (October 2000). 13 C.F.R. § 121.201, NAICS code 334220. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-22A1.txt
- § 121.201, NAICS code 513322. Telephone Trends Report, Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 ¶¶ 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 ¶¶ 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-292A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-292A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-292A1.txt
- § 121.201, NAICS code 513322. Telephone Trends Report, Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, ¶¶ 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, ¶¶ 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
- ¶ 3 (1994) (Competitive Bidding Fifth Report and Order). Id. at 5581-82 ¶ 115, 5591 ¶ 133, 5608 ¶ 175; Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994). The Commission also adopted the PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194 (employing the small business size standards used in broadband PCS, because ``the advantages of ready availability and familiarity to many small businesses that might be interested in this spectrum''). We are coordinating these
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- in Telephone Report at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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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''). 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 to
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- (Wireless Telecommunications Bureau (October 23, 1998). Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 1998. Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paragraphs 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paragraph 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- Businesses. Id. See also note 33, supra. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Order at Section 60. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See FCC Form 497. See Recommended Decision at paras.
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- 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 eliminating bidding credits for licenses acquired through closed bidding). See 47 C.F.R. §§ 24.720(b)(2), 1.2110(f)(2)(ii). See C and F Block Broadband PCS Auction Closes, Public Notice, 16 FCC Rcd. 2339, 2339, 2356-66 (2001). The above-captioned applications originally were filed on February 12, 2001, but have been amended and supplemented since the initial filing. Alaska Native Wireless filed two long-form applications in order to separate those markets for which it was not applying for tribal
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- Competition Bureau , Table 5.3 - Number of Telecommunications Service Providers that are Small Businesses (May 2002). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-125A3_Erratum.doc
- Competition Bureau , Table 5.3 - Number of Telecommunications Service Providers that are Small Businesses (May 2002). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-184A1.txt
- largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 ¶¶ 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 ¶¶ 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket
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- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- have employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See id. See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications
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- Order, 9 FCC Rcd 7245, 7269 ¶ 145 (1994) (Competitive Bidding Second Memorandum Opinion and Order); 47 C.F.R. § 1.2110(c)(1). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994). The Commission also adopted the PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194 (employing the small business size standards used in broadband PCS because ``the advantages of ready availability and familiarity to many small businesses that might be interested in this spectrum''). AWS Service Rules NPRM,
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- § 121.201, NAICS code 513322. Telephone Trends Report, Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 paras, 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket
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- have employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See id. See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications
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- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- Communications Commission, Table 5.3, (August 2002). Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Order at Section 60. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. January 14, 1997). 5 U.S.C. § 603(c). Id. 47 C.F.R. §§ 1.415,
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- fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996) (Parts 20 and 24 Amendment Order); see also 47 C.F.R. § 24.720(b). See Parts 20 and 24 Amendment Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the Commission's
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- Competition Bureau , Table 5.3 - Number of Telecommunications Service Providers that are Small Businesses (May 2002). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
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- and minority-owned businesses. The Commission's rules set forth certain provisions applicable to designated entities - small businesses, businesses owned by members of minority groups and/or women, and rural telephone companies. In particular, subsection 1.2110(c)(3) of the Part 1 general competitive bidding rules defines and provides the eligibility criteria for businesses owned by members of minority groups and/or women. However, sections 24.720 (c), (d), and (i)(2) also define women- and minority-owned businesses and qualifying minority and/or woman investor. In light of the Commission's ongoing efforts to eliminate from the C.F.R. service-specific competitive bidding rules that are either repetitive with or have been superseded by the Part 1 general competitive bidding rules, we delete sections 24.720 (c), (d), and (i)(2). Our action here
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- firms that have 1,500 or fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See id. See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications
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- (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996). See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-127A1.txt
- code 517212. Trends in Telephone Report at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-146A1.txt
- Service'' at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-164A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.txt
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-179A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-179A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-179A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-187A1.txt
- (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996). See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-188A1.txt
- Competition Bureau, Industry Analysis and Technology Division, Trends in Telephone Service, Table 5.3, (August 2002). 31 Id. 32 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 33 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 Fed.Reg. 33859 (July 1, 1996). 34 See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-189A1.txt
- Service'' at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-194A1.txt
- Service'' at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-202A1.txt
- Competition Bureau , Table 5.3 - Number of Telecommunications Service Providers that are Small Businesses (May 2002). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-217A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-217A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-217A1.txt
- 513322 (issued October 2000) (code 513322 was changed to 517212 in Oct. 2002). Id. Telephone Trends Report, Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.txt
- 1.2110(c)(1). Part 1 Third Report and Order, 13 FCC Rcd at 388 ¶ 18; 47 C.F.R. § 1.2110 (c)(1). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994); AWS 1.7 and 2.1 GHz Service Rules Order, 18 FCC Rcd at 25221 ¶ 149. The Commission also adopted the broadband PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194. We are coordinating these proposed small business size standards with the U.S. Small Business Administration. In the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A8.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A8.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A8.txt
- 2001). Id. The SBA size standard is that of Paging, 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, ¶ 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-222A8_Erratum.doc
- 2001). Id. The SBA size standard is that of Paging, 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, ¶ 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-23A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-23A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-23A1.txt
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-23A1_Erratum.doc
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-252A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-252A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-266A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-266A1.txt
- employment of 1,500 or fewer employees; the largest category provided is "Firms with 1,000 employees or more." 104 See Amendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 105 Id. Federal Communications Commission FCC 04-266 26 have been approved by the SBA.106 No small businesses, within the SBA-approved small business size standards bid successfully for licenses in Blocks A and B. There were 90 winning bidders that qualified as small entities in the Block C auctions. A total of 93 small and very small business bidders won approximately
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-288A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-288A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-288A1.txt
- for 747-762 and 777-792 MHz Bands (Auction No. 31) Is Rescheduled,'' Public Notice, 16 FCC Rcd 13079 (WTB 2003). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-288A1_Erratum.doc
- for 747-762 and 777-792 MHz Bands (Auction No. 31) Is Rescheduled,'' Public Notice, 16 FCC Rcd 13079 (WTB 2003). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-30A1.txt
- FCC, Wireline Competition Bureau, Industry Analysis and Technology Division, Trends in Telephone Service, Table 5.3, (August 2002). Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 Fed.Reg. 33859 (July 1, 1996). See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 59 Fed.Reg.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-31A1.txt
- firms that have 1,500 or fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See id. See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-52A1.txt
- Service'' at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-66A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-66A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-66A1.txt
- employment of 1,500 or fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 ¶¶ 57-60 (1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-87A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-87A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-87A1.txt
- Service Providers that are Small Businesses. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, FCC 96-278, WT Docket No. 96-59, Report and Order, Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Order at Section 60. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). . . . . . . Id. . Id.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-116A1.txt
- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-137A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-137A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-137A1.txt
- Service'' at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1.txt
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-144A1_Erratum.doc
- Table 5.3 (Number of Telecommunications Service Providers that are Small Businesses) (May 2002). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-150A1.txt
- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-160A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-160A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-160A1.txt
- Service'' at Table 5.3, page 5-5 (May 2004). This source uses data that are current as of October 22, 2003. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.txt
- uses data that are current as of October 1, 2004. Id. Table 5.3, page 5-5. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). See C,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
- uses data that are current as of October 1, 2004. Id. Table 5.3, page 5-5. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). See C,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.txt
- Service'' at Table 5.3, page 5-5 (May 2004). This source uses data that are current as of October 22, 2003. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-33A1.txt
- firms that have 1,500 or fewer employees; the largest category provided is ``Firms with 1,000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). See id. See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-35A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-35A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-35A1.txt
- Service'' at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-46A1.txt
- 1995). Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996); See also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, paras. 57-60 (1996), 61 Fed. Reg. 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-59A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-59A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-59A1.txt
- Administration (December 2, 1998). 13 C.F.R. § 121.201, NAICS code 513322. Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824 (1996). See. e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-102A1.txt
- Service'' at Table 5.3, page 5-5 (June 2005). This source uses data that are current as of October 1, 2004. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-10A1.txt
- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.txt
- Table 5.3 (Number of Telecommunications Service Providers by Size of Business) (June 2005). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-38A1.txt
- Service'' at Table 5.3, page 5-5 (June 2005). This source uses data that are current as of October 1, 2004. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
- Bidding Second Report and Order''). See id. at 2389-91, 2392 ¶¶ 231-40, 245-48. See 47 C.F.R. § 1.2110(b). See id. § 24.709(a)(1)-(2). See id. § 24.709(b)(1)(i)-(iv). See id. § 24.709(b)(1)(iii), (iv). A control group is an entity, or a group of individuals or entities, that possesses de jure and de facto control of an applicant or licensee. See id. § 24.720(k). A qualifying investor is a person who is (or holds an interest in) a member of the applicant's control group and whose gross revenues and total assets, when aggregated with those of all other attributable investors and affiliates, do not exceed the entrepreneurs' block gross revenues and total assets limits. Id. § 24.720(n). Id. § 24.709(b)(1)(v)(A)(2), (b)(1)(vi)(A)(2). If the applicant
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.txt
- 121.201, NAICS code 517212. Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-83A1.txt
- contexts. Neither the Commission nor the SBA has developed a small business size standard 82 See Amendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. § 24.720(b). 83 See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. 84 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. 85 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-107A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-108A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-108A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-108A1.txt
- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-110A1.txt
- NAICS code 517212. Id. ``Trends in Telephone Service'' at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-140A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-140A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-140A1.txt
- Administrator, SBA (Dec. 2, 1998). 13 C.F.R. § 121.201, NAICS code 517212. Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Dec. 2, 1998). FCC News, ``Broadband
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-143A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-143A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-143A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-150A1.txt
- Rcd 10030, 10085, ¶ 98 (1999). Trends in Telephone Service, Table 5.3, p. 5-5. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, ¶¶ 57-60 (1996) (``Broadband PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See Broadband PCS Report and Order, 11 FCC Rcd at 7852, ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). See C,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.txt
- 1.2110(c)(1). Part 1 Third Report and Order, 13 FCC Rcd at 388 ¶ 18; 47 C.F.R. § 1.2110 (c)(1). See Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Order on Reconsideration, 15 FCC Rcd 17384, 17394 ¶ 21 (2000) (summarizing the bidding credits offered in broadband PCS C and F Block auctions); 47 C.F.R. § 24.720 (1994); AWS-1 Report and Order, 18 FCC Rcd at 25221 ¶ 149; AWS-2 Service Rules NPRM, 19 FCC Rcd at ¶ 122 (2004). The Commission also adopted the broadband PCS standards for WCS in the 2.3 GHz band. Part 27 Report and Order, 12 FCC Rcd at 10879 ¶ 194. We are coordinating these proposed small business size standards with
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-166A1.txt
- 121.201, NAICS code 517212. Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-177A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-17A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-17A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-17A1.txt
- C.F.R. § 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.txt
- 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (Jul. 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-188A1.txt
- 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-192A1.txt
- 25162 (2003) (AWS-1 Report and Order). See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). See 47 C.F.R. Part 21, subpart K; Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A1.txt
- C.F.R. § 121.201, NAICS code 517212. 13 C.F.R. § 121.201, NAICS code 517212. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Dec. 2, 1998). FCC News, ``Broadband
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-22A1.txt
- 517212 in October 2002). Id. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-55A1.txt
- C.F.R. § 121.201, NAICS code 517212. 13 C.F.R. § 121.201, NAICS code 517212. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Dec. 2, 1998). FCC News, ``Broadband
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.txt
- Table 5.3 (Number of Telecommunications Service Providers by Size of Business) (June 2005). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
- Table 5.3 (Number of Telecommunications Service Providers by Size of Business) (June 2005). 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-126A1.txt
- code 517212. 13 C.F.R. § 121.201, NAICS code 517212. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-148A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-148A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-148A1.txt
- C.F.R. § 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-158A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-158A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-158A1.txt
- Telephone Service'' at Table 5.3, page 5-5 (Feb. 2007). This source uses data that are current as of October 2005. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-164A1.txt
- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-184A1.txt
- System (NAICS) code 517210. Id. 13 C.F.R. § 121.201, NAICS code 517210. 13 C.F.R. § 121.201, NAICS codes 517211, 517212. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-195A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-195A1.txt
- 1998). 13 C.F.R. § 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules-Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. See, e.g., Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licenses, WT
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-203A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-203A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-203A1.txt
- C.F.R. § 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-249A1.txt
- NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 Fed. Reg. 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 Fed. Reg. 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-262A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-262A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-262A1.txt
- ``1,000 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(1). See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(2). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-68A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-68A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-68A1.txt
- 25162 (2003) (AWS-1 Report and Order). See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). 13 C.F.R. § 121.201, NAICS code 517210. MDS, also known as Multichannel Multipoint Distribution Service (``MMDS''), is regulated by Part 21 of the Commission's rules; see 47 C.F.R. Part 21, subpart K; and has been renamed the Broadband Radio Service (BRS); see Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-87A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-87A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-87A1.txt
- 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-89A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-89A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-89A1.txt
- C.F.R. § 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See also Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS)
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-99A1.txt
- System (NAICS) code 517210. Id. 13 C.F.R. § 121.201, NAICS code 517210. 13 C.F.R. § 121.201, NAICS codes 517211, 517212. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-112A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-112A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-112A1.txt
- ``1,000 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(1). See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(2). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-38A1.txt
- code 517212. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-40A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-40A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-40A1.txt
- 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- 517210. NAICS code 517210. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- 121.201, NAICS code 517212. Id. Trends in Telephone Service at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter from Aida Alvarez, Administrator, Small Business Administration, to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-145A1_Rcd.pdf
- licenses in the C, D, E, and F Block licenses in Auction 78.21 11. SpecializedMobile Radio.The Commission awards "small entity" bidding credits in 12SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also47 C.F.R. § 24.720(b). 13SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶60. 14SeeLetter from Aida Alvarez, Administrator, SmallBusiness Administration, to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, dated December 2, 1998. 15FCC News, "Broadband
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-155A1_Rcd.pdf
- § 121.201, NAICS code 517210. 29Id. 30"Trends in Telephone Service" at Table 5.3. 31"Trends in Telephone Service"at Table 5.3. 32SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) ("PCS Report and Order"); see also47 C.F.R. § 24.720(b). 33SeePCS Report and Order, 11 FCC Rcd at 7852, para. 60. 34SeeAlvarez Letter 1998. 12872 Federal Communications Commission FCC 10-155 businesses within the SBA-approved small business size standards bid successfully for licenses in Blocks A and B. There were 90 winning bidders that qualified as small entities in the Block C auctions. A total of 93 "small" and "very small"
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- and township governments nationwide was 38,967, of which 35,819 were small. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). See PCS Order, 11 FCC Rcd 7824. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see also Amendment of the
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- 13 C.F.R. § 121.201, NAICS code 517210. Id. ``Trends in Telephone Service'' at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996) (PCS Report and Order); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852 ¶ 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- C.F.R. § 121.201, NAICS code 517210. Id. Trends in Telephone Service, tbl. 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- that auction, 29 5213 C.F.R. § 121.201, NAICS code 517210. 53Id. 54TRENDS IN TELEPHONE SERVICE, tbl. 5.3. 55Id. 56SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 785052, paras. 5760 (1996) ("PCS Report and Order"); see also47 C.F.R. §24.720(b). 57SeePCS Report and Order, 11 FCC Rcd at 7852, para. 60. 58SeeAlvarez Letter 1998. 59SeeBroadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). 60SeeC, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission established a very small
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
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- "Trends in Telephone Service" at Table 5.3. 54 "Trends in Telephone Service" at Table 5.3. 55 See Amendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) ("PCS Report and Order"); see also 47 C.F.R. § 24.720(b). 56 See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. 57 See Alvarez Letter 1998. 58 FCC News, "Broadband PCS, D, E and F Block Auction Closes," No. 71744 (rel. Jan. 14, 1997). 59 See "C, D, E, and F Block Broadband PCS Auction Closes," Public Notice, 14 FCC Rcd 6688 (WTB 1999). 60 See "C and
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- that have employment of 1,500 or fewer employees; the largest category provided is for firms with ``1000 employees or more.'' See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶ 60. See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-59A1_Rcd.pdf
- Narrowband PCS Second Report and Order.69A "small business" is an entity that, together with affiliates and controlling interests, has average gross revenues for 61SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852 ¶¶ 57-60 (1996); see also47 C.F.R. § 24.720(b). 62SeeAmendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852 ¶60. 63SeeLetter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. 64FCC News,
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- 13 C.F.R. § 121.201, NAICS code 517210. Id. Trends in Telephone Service at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (PCS Report and Order); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). See C and F Block Broadband PCS Auction
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- id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- § 121.201, NAICS code 517210. Id. ``Trends in Telephone Service'' at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 7850-52, ¶¶ 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Entrepreneurs' C Block Auction Closes, Public Notice, DA 96-716 (1996); Entrepreneurs C Block Reauction Closes, Public Notice, DA 96-1153 (1996). See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E,
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- id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- ``100 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(1). See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(2). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding,
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- id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- the SBA. See 13 C.F.R. § 121.105. 13 C.F.R. § 121.105(a)(1). See 13 C.F.R. §§ 121.103, 121.104, 121.106. See 47 C.F.R. § 1.2110(f)(2). See 47 C.F.R. § 90.912(b) (defining very small business for 800 MHz SMR spectrum licenses as entities, together with affiliates, with average gross revenue over the preceding three years not to exceed $3 million); 47 C.F.R. § 24.720(b) (defining very small business for PCS Block F spectrum licenses as entities, together with affiliates, with average gross revenue over the preceding three years not to exceed $15 million). See Section C.3.a & d of the accompanying FRFA for a full listing of the Commission's use of these size standards. See 47 C.F.R. § 90.912(b) (defining small business for 800
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- ``100 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(1). See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(2). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding,
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- C.F.R. § 121.201, NAICS code 517210. Id. Trends in Telephone Service, tbl. 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 7850-52, ¶¶ 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852 ¶ 60. See Alvarez Letter 1998. See Entrepreneurs' C Block Auction Closes, Public Notice, DA 96-716 (1996); Entrepreneurs C Block Reauction Closes, Public Notice, DA 96-1153 (1996). See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E,
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- id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule; WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- 517210. Id. ``Trends in Telephone Service'' at Table 5.3. ``Trends in Telephone Service'' at Table 5.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-7852, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (rel. Jan. 14, 1997). See ``C, D, E, and F Block Broadband PCS Auction Closes,'' Public Notice, 14 FCC Rcd 6688 (WTB 1999). See ``C and F Block Broadband PCS Auction
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- C.F.R. § 121.201, NAICS code 517210. Id. Trends in Telephone Service, tbl. 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E, and F Block Broadband PCS Auction Closes, Public Notice, 14 FCC Rcd 6688 (WTB 1999). Before Auction No. 22, the Commission
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- Cellular RSA R&O, 17 FCC Rcd 1960, 1974. In our auctions of broadband PCS C and F block licenses, we have provided bidding credits to entities with average annual gross revenues for the preceding three years not exceeding $40 million and entities with average annual gross revenues for the preceding three years not exceeding $15 million. See 47 C.F.R. § 24.720(b)(1)-(2). Cellular RSA R&O, 17 FCC Rcd at 1974. See 47 C.F.R. § 1.2110(f)(2). The GMEZ is governed by its own geographic area-based licensing scheme, while Unserved Area licensing rules apply in the GMCZ, where there are no offshore oil and gas drilling platforms on which to site Cellular facilities. See 47 C.F.R. § 22.950. See also id. §§ 22.911(a)(2), 22.912(b)(2);
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- Cellular RSA R&O, 17 FCC Rcd 1960, 1974. In our auctions of broadband PCS C and F block licenses, we have provided bidding credits to entities with average annual gross revenues for the preceding three years not exceeding $40 million and entities with average annual gross revenues for the preceding three years not exceeding $15 million. See 47 C.F.R. § 24.720(b)(1)-(2). 137Cellular RSA R&O, 17 FCC Rcd at 1974. 138See 47 C.F.R. § 1.2110(f)(2). 139The GMEZ is governed by its own geographic area-based licensing scheme, while Unserved Area licensing rules apply in the GMCZ, where there are no offshore oil and gas drilling platforms on which to site Cellular facilities. See 47 C.F.R. § 22.950. See also id.§§22.911(a)(2), 22.912(b)(2); Cellular Service
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- 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 ¶ 145 (1994) (Competitive Bidding Second Memorandum Opinion and Order); 47 C.F.R. § 1.2110(c)(1). Part 1 Third Report and Order, 13 FCC Rcd at 388 ¶ 18; 47 C.F.R. § 1.2110 (c)(1). See 47 C.F.R. § 24.720 (1994); AWS-1 Report and Order, 18 FCC Rcd at 25220 ¶ 149. We are coordinating these proposed small business size standards with the U.S. Small Business Administration. In the Part 1 Third Report and Order, the Commission adopted a standard schedule of bidding credits, the levels of which were developed based on our auction experience. Part 1 Third Report and
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- ``100 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(1). See id.; see also 47 C.F.R. § 24.720(b)(2). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994). See FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). See also Amendment of the Commission's Rules Regarding
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- ``100 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(1). See generally Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824 (1996); see also 47 C.F.R. § 24.720(b)(2). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding,
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- § 121.201, NAICS code 517210. Id. ``Trends in Telephone Service'' at Table 5.3. Id. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap et al., Report and Order, 11 FCC Rcd 7824, 7850-52, ¶¶ 57-60 (1996) (``PCS Report and Order''); see also 47 C.F.R. § 24.720(b). See PCS Report and Order, 11 FCC Rcd at 7852, para. 60. See Alvarez Letter 1998. See Entrepreneurs' C Block Auction Closes, Public Notice, DA 96-716 (1996); Entrepreneurs C Block Reauction Closes, Public Notice, DA 96-1153 (1996). See Broadband PCS, D, E and F Block Auction Closes, Public Notice, Doc. No. 89838 (rel. Jan. 14, 1997). See C, D, E,
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- service carriers that would qualify under SBA's definition. Consequently, we estimate that there are fewer than 117 small entity mobile service carriers that may be affected by the decisions and rules adopted in this Order. 1353. Broadband PCS Licensees. The broadband PCS spectrum is divided into six frequency blocks designated A through F. As set forth in 47 C.F.R. § 24.720(b), the Commission has defined "small entity" in the auctions for Blocks C and F as a firm that had average gross revenues of less than $40 million in the three previous calendar years. Our definition of a "small entity" in the context of broadband PCS auctions has been approved by SBA. The Commission has auctioned broadband PCS licenses in 3261
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- We therefore believe that only one licensee in the 24 GHz is a small business entity. We seek comment on this analysis. In providing such comment, commenters are requested to provide information regarding how many total and small business entities would be relocated. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small entity'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small entity'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- code 4812. Telecommunications Industry Revenue, Figure 2. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, 7850-52 (1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Competitive Bidding Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Competitive Bidding Order, 11 FCC Rcd at 7852. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). See 47 C.F.R. § 90.814(b)(1).
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- adopted in this Further NPRM. 84. Broadband PCS Licensees. In an effort to further refine our calculation of the number of radiotelephone companies affected by the rules adopted herein, we consider the category of radiotelephone carriers, Broadband PCS Licensees. The broadband PCS spectrum is divided into six frequency blocks designated A through F. As set forth in 47 C.F.R. § 24.720(b), the Commission has defined "small entity" in the auctions for Blocks C and F as a firm that had average gross revenues of less than $40 million in the three previous calendar years. For Block F, an additional classification for "very small business" was added and is defined as an entity that, together with its affiliates, has average gross revenues
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- SIC code 4812. 99 Telecommunications Industry Revenue, Figure 2. 100See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 101See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (July 1, 1996). 102See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- who qualified as small entities in the 900 36 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap , Report and Order, FCC 96-278, WT Docket No. 96- 59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 37 Id., at ¶ 60. 38 Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93- 253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 39 See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901
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- Carriers Reporting by Type of Carrier and Type of Revenue). 268 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). 269 Id., at para. 60. 270 Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 70 158. Cellular and Mobile Service Carriers: In an effort to further refine our calculation of the number of radiotelephone companies affected by the rules adopted herein, we consider
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- 121.201, SIC Code 4812. 393Id. 394Carrier Locator at Fig. 1. 395See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57- 60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 396Id., at ¶ 60. Federal Communications Commission FCC 99-204 89 broadband PCS auctions have been approved by SBA.397 No small businesses within the SBA- approved definition bid successfully for licenses in Blocks A and B. There were 90 winning bidders that qualified as small entities in the Block C auctions. A total of 93 small and very small business bidders
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- Teligent and TRW, Inc. Both Teligent and TRW, Inc. appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The rules that we may later adopt could also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- (Wireless Telecommunications Bureau (October 23, 1998). Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- Employment Size of Firms: 1992, SIC 4812 (issued May 1995). 12 See TRS Worksheet. 13 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-253, paras. 57- 60 (rel. June 24, 1996); See also 47 C.F.R. § 24.720(b) . 58 defines a small entity as one with 1500 or fewer employees. The 1992 Census of Transportation, Communications, and Utilities, conducted by the Bureau of the Census, shows that only 12 radiotelephone firms out of a total of 1,176 such firms that operated during 1992 had 1,000 or more employees.11 Therefore, even if all 12 of these large firms
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- three previous calendar Federal Communications Commission FCC 98-48 50 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released June 24, 1996), 61 F 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 51 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 F 33859 (July 1, 1996). 52 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No.
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- radiotelephone companies, i.e., an entity employing no more than 1,500 persons. At present, there are approximately 24,000 Private Paging licenses and 74,000 Common Carrier Paging Federal Communications Commission FCC 98-278 118 FCC, Telecommunications Industry Revenue: TRS Fund Worksheet Data, Figure 2 (Number of Carriers Paying Into the TRS Fund by Type of Carrier) (Nov. 1997). 119 See 47 C.F.R. § 24.720(b)(1). 120 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 33 licenses. According to Telecommunications Industry Revenue data, there were 172 "paging and other mobile" carriers reporting that they engage in these services.118 Consequently, the Commission estimates that there are fewer than 172
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- 248 Telecommunications Industry Revenue, Figure 2. 249 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, 7850-52 (1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Competitive Bidding Order); see also 47 C.F.R. § 24.720(b). 250 See Broadband PCS Competitive Bidding Order, 11 FCC Rcd at 7852. 251 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 252 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). 56 qualify
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- 1995). 412 Trends in Telephone Service, Table 19.3 (February 19, 1999). 413 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio ice Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); 47 CFR 24.720(b). 414 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio ice Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). 415 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No.
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- 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on the results of these spectrum auctions may be obtained from the Commission's Web site at http://www.fcc.gov/wtb/auctions/. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 530, ¶ 133. See Part 1
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- is based upon environmental effects of RF emissions. Since most cellular licensees have constructed their facilities, we anticipate receiving only a small number of such requests from cellular licensees and that all of these would be small entities. Personal Communications Service The broadband PCS spectrum is divided into six frequency blocks designated A through F. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined "small entity'' for Blocks C and F licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining "small entity'' in the context of broadband PCS auctions has been approved by the SBA.239 The Commission has auctioned broadband PCS licenses in all of its spectrum
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- pay for its shares did not entitle it to shareholder rights materially different from the rights of all common shareholders.80 In particular, DT's 73 Fox I, 10 FCC Rcd at 8454, para. 2. 74 Id. at 8474, para. 50. 75 Id. at 8471-74, paras. 43-74. 76 See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. §§ 24.709, 24.712, 24.720. 77 NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. 78 Fox I, 10 FCC Rcd at 8474, para. 49. 79 Applicants Feb. 9 Response to Supplemental Information Request at 17-18. 80 Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the number
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- 1998). Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR Section 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 4812. Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- Department of Commerce, 1992 Census of Transportation, Communications, 154 and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5, Employment Size of Firms: 1992, SIC Code 4812 (issued May 1995). FCC, Telecommunications Industry Revenue: TRS Fund Worksheet Data, Figure 2 (Number of Carriers 155 Paying Into the TRS Fund by Type of Carrier) (Nov. 1997). See 47 C.F.R. § 24.720(b)(1). 156 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93- 157 253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). O-15 1,000 or more employees. Therefore, even if all twelve of these firms were cellular telephone companies, 154 nearly all cellular carriers were small businesses under the SBA's definition. The Commission
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- a "small business concern" is one that: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) meets any additional criteria established by the Small Business Administration (SBA).207 The proposals in this Notice affect applicants who wish to provide services in the 746-764 and 776- 794 MHz bands. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined "small entity" for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining "small entity" in the context of broadband PCS auctions has been approved by the SBA.208 With respect to applicants for licenses in the 746-764 and
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- Telephone Service, Table 19.3 (Feb. 19, 1999). 43 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). 44 See Id. at 7852 (para. 60). 45 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). PAGE B-9 together in the data.40 We do not have data specifying the number of these
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- from filings made in connection with the Telecommunications Relay Service (TRS). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at ¶ 60. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
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- Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57- 60 (rel. Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶ 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- 4812. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, WT Docket 96-59, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 ¶¶ 57-60 (1996) (CMRS Spectrum Cap Report and Order); see also 47 C.F.R. § 24.720(b). See CMRS Spectrum Cap Report and Order, 11 FCC Rcd at 7852 ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). Id. §
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- businesses of the modifications we have adopted. See Section E of this Supplemental FRFA, infra. Federal Communications Commission FCC 98-46 5 5 U.S.C. §§ 603(b)(3), 604(a)(3). 6 5 U.S.C. § 601(6). 7 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 8 15 U.S.C. § 632. 9 See 47 C.F.R. § 24.720(b)(1). 10 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-84 (1995); 47 C.F.R. §§ 24.320(b), 24.720(b). - 2 - C. Description
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- GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small
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- 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. § 1601 et seq.). Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 2 (Eligibility for Assignment as Entrepreneur) to Form 603 at 1(citing 47 C.F.R. §§ 24.720(l)(11), 24.709(a)(2)) (``Omnipoint/Cook Inlet Eligibility Statement''). Id. at 2. The DE licenses that Omnipoint acquired in Auction No. 22 will be held by CIVS III, and the rest of Omnipoint's DE licenses will be held by CIVS II. Omnipoint/Cook Inlet Public Interest Statement at 2. VoiceStream/Omnipoint Public Interest Statement at 6, 11. The parties state that the combined company will hold
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- applicant's most recently available audited financial statements, even if those statements are then a year or more out of date, or whether eligibility should be based on the relevant financial data as of the most recently completed calendar/fiscal year, even if audited financial statements for the most recent year are not available as of the short-form filing deadline. Under Section 24.720, an entrepreneurs' block applicant must evidence its gross revenues and total assets with its most recent audited financial statements, or, if the applicant does not otherwise use audited financial statements, a certification by the applicant's chief financial officer or its equivalent. We see no need to modify these rules. We note, however, that we expect an applicant to obtain financial
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- Locator Interstate Service Providers, Figure 1 (January 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). The
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- 36-39. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, ¶¶ 57-60 (1996) (Cross Ownership Report & Order); see also 47 C.F.R. § 24.720(b). Cross Ownership Report & Order, 11 FCC Rcd at 7852, ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84, ¶¶ 114-20 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). 13 C.F.R.
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- at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. 132 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850- 7852, paras. 57-60 (1996); see also 47 C.F.R. 24.720(b). 133 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. 134 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration,
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- data that are current as of October 1, 2004. 330 Id. Table 5.3, page 5-5. 331 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. 24.720(b). 332 See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. 333 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. 334 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14,
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- contexts. Neither the Commission nor the SBA has developed a small business size standard ^82 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. S 24.720(b). ^83 See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. 84 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. ^85 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14,
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- estimates that this ratio is approximately accurate for all government entities. Thus, of the 85,006 governmental entities, we estimate that ninety-six percent, or about 81,600, are small entities that may be affected by our rules. The proposals in the Notice affect applicants who wish to provide services in the 4.9 GHz band. We note that pursuant to 47 C.F.R. § 24.720(b), the Commission has previously defined ``small entity'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less that $40 million in the three previous calendar years. This regulation defining ``small entity'' in the context of broadband PCS auctions has been approved by the SBA. We also note that the Commission has adopted this
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- parties defending their gender-based governmental action must demonstrate an "exceedingly persuasive justification" for their action, then stated that the parties must show at least that the challenged classification serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives. 116 Fourth Report and Order, 9 FCC Rcd at 2337-39. 117 47 C.F.R. §24.720(i). 118 See Johnson v. Transportation Agency, 480 U.S. 616, 638 (1987). 119 27 61. Discussion. The evidence supporting our gender- and race-based provisions cited in the Fourth Report and Order primarily shows: (1) broad discrimination against racial groups and women by lenders; and (2) underrepresentation of these groups as owners and employees in the communications industry. At present, we believe
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- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order , 9 FCC Rcd 5532, 5597-99 ¶¶ 150-152 (1994) (Competitive Bidding Fifth Report and Order). The Telecommunications Act of 1996 for the first time enacted a statutory definition for rural telephone companies. See 47 U.S.C. § 153(37). We adopted this definition for broadband PCS designated entity provisions. See 47 C.F.R. 24.720(e); Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, FCC 96-278, Report and Order , ¶¶ 62-66 (released June 24, 1996) (D, E, and F Block Report and Order). 5 Federal Communications Commission FCC 96-287 rural telcos to participate at auction and
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- as an entrepreneurs' block licensee. b. Personal Net Worth 28. Background. In addition to the gross revenues and assets caps, the Fifth Report and Order also established a personal net worth limit to determine eligibility for bidding in the See Fifth Report and Order, FCC 94-178 at ¶¶ 115; 47 C.F.R. § 24.709(a)(2). 62 Id. See also 47 C.F.R. § 24.720 (defining "small business" for purposes of bidding on the 63 entrepreneurs' blocks). BET Petition at 16-17. 64 See id.; see also BET ex parte comments, filed Nov. 3, 1994, at 4. 65 BET ex parte comments, filed Nov. 3, 1994, at 4. 66 TEC Petition at 23-25. 67 MasTec Petition at 2. 68 See, e.g., Fifth Report and Order, FCC
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- successful bidder, it must submit with its long-form application (see § 24.707) a signed statement describing its efforts to date and future plans to come into compliance with the limitations on common ownership of cellular and broadband PCS interests set forth in this section. 3. Part 24 is amended by adding a new subpart H consisting of §§ 24.701 through 24.720 to read as follows: Subpart H - Competitive Bidding Procedures for Broadband PCS Sec. 24.701 Broadband PCS subject to competitive bidding 24.702 Competitive bidding design for Broadband PCS licensing 24.703 Competitive bidding mechanisms 24.704 Withdrawal, default and disqualification penalties 24.705 Bidding application (FCC Form 175 and 175-S Short-Form) 24.706 Submission of upfront payments and down payments 24.707 Long-form applications 24.708
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- applicant for the purposes of determining eligibility to hold a license.49 1. De Facto Control. 13. Whether an entity or individual has de facto control of an applicant depends upon the totality of the circumstances.50 At a minimum, the control group51 must: (1) appoint more than 45 47 C.F.R. § 24.709(a)(1) (1999). 46 "Affiliate" is defined in Sections 1.2110(b)(4) and 24.720(l)(1) of the Commission's rules. 47 C.F.R. §§ 1.2110(b)(4) and 24.720(l) (1999). 47 47 C.F.R. § 24.720(l) (1999). We note that although the Commission has moved from a "control group" test to a "controlling interests test" the definition of affiliate has remained the same. Compare 47 C.F. R. § 24.720(l) (1999) with 47 C.F.R. § 1.2110(b)(4) (2001). 48 Application of Baker
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit See, e.g., Covington and Burling Request for Waiver on behalf of unnamed investors in C 1 block applicants, filed January 26, 1996. The following applicants (many of which are no longer active bidders in the C block auction) filed requests for waiver of Section 24.720(f) and (g) along with their short-form applications (FCC Form 175) on November 6, 1995: Adilia M. Aguilar; AirLink, L.L.C.; Airwave Telecommunications, Inc.; BC&D Partners II, L.L.C.; CHPCS, Inc.; B&P PCS, Inc.; CDL Communications, Inc.; Horsetooth Communications, Inc.; Glenn Ishihara; Global Information Technologies, Inc.; James Communications Partners, GP; Lubbock Radio Paging Service, Inc.; Mid-State Systems, Inc.; New Dakota Investment Trust; Overland
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- applicant. Also, in a separate Order released May 8, 1996, the Wireless Telecommunications Bureau waived the existing Section 24.813(a) disclosure requirements with respect to outside interests held by applicants or investors in businesses that are not land mobile services regulated as Commercial Mobile Radio Service (CMRS) and Private Mobile Radio Service (PMRS). See Order, Waiver of Certain Provision of Sections 24.720 and 24.813 of the Commission's Rules, DA 96-705 (rel. May 8, 1996). See also 47 C.F.R. § 20.3 (defining CMRS and PMRS); Second Report and Order, GN Docket No. 93-252, 9 FCC Rcd 1411 (1994), erratum, Mimeo No. 92486 (Released March 30, 1994). Applicants should attach the information, certified as truthful, that is required pursuant to Section 24.813(a)(1)-(4) of the
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-3016 D&E Communications, Inc., Request for Rule Waiver (filed May 20, 1999) ("Waiver Request"); see 47 C.F.R. 1 §§ 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a). Waiver Request at 3. 2 Id. 3 Id. 4 Id. 5 Before the Federal Communications Commission Washington, D.C. 20554 )) In the Matter of )) D&E Communications, Inc. ) ) Request for Waiver of Sections 24.712, ) 24.720(b)(1), 1.2111(d), and 24.839(a) of the ) Commission's Rules Regarding Eligibility to ) Acquire License as a Small Business )))
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- Block Fourth Report and Order, 13 FCC Rcd at 15,747-48, para. 8. Conestoga Petition; DiGiPH Petition. C Block Fourth Report and Order, 13 FCC Rcd at 15,747-48, para. 8. See 47 C.F.R. § 1.2110. See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. § 309(j)(4)(D). See 47 C.F.R. § 24.709. Id. § 24.709(a)(1); see id. § 24.720; Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994) ("Competitive Bidding Fifth Report and Order"), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995), aff'd sub nom., Omnipoint Corp. v. FCC, 78 F.3d 620 (D.C. Cir.
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- and "small governmental jurisdiction." In addition, the term "small business" 200 has the same meaning as the term "small business concern" under Section 3 of the Small Federal Communications Commission FCC 97-342 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 201 15 U.S.C. § 632. 202 See 47 C.F.R. § 24.720(b)(1). 203 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum 204 Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). 2 Business Act.
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- business," "small organization," and "small governmental jurisdiction." In 6 addition, the term "small business" has the same meaning as the term "small business concern" under Section 3 Federal Communications Commission FCC 98-46 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 7 15 U.S.C. § 632. 8 See 47 C.F.R. § 24.720(b)(1). 9 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum 10 Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-84 (1995); 47 C.F.R. §§ 24.320(b), 24.720(b). See Second Report and
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- Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. 4 § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix B: Comments
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- (rel. May 8, 1996). See "FCC Announces Winning Bidders in the Reauction of 18 Licenses to Provide Broadband PCS in Basic 3 Trading Areas: Auction Event No. 10," Public Notice, DA 96-1153, 11 FCC Rcd 8183 (rel. July 17, 1996). See Communications Act of 1934, as amended ("Communications Act"), 47 U.S.C. 4 § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP
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- as an entrepreneurs' block licensee. b. Personal Net Worth 28. Background. In addition to the gross revenues and assets caps, the Fifth Report and Order also established a personal net worth limit to determine eligibility for bidding in the See Fifth Report and Order, FCC 94-178 at ¶¶ 115; 47 C.F.R. § 24.709(a)(2). 62 Id. See also 47 C.F.R. § 24.720 (defining "small business" for purposes of bidding on the 63 entrepreneurs' blocks). BET Petition at 16-17. 64 See id.; see also BET ex parte comments, filed Nov. 3, 1994, at 4. 65 BET ex parte comments, filed Nov. 3, 1994, at 4. 66 TEC Petition at 23-25. 67 MasTec Petition at 2. 68 See, e.g., Fifth Report and Order, FCC
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- generated net receipts of $1 million or less", citing Women-Owned Business, WB 87-1, 1987 Economic Census, p. 144, Table 8; Survey of Minority-Owned Business Enterprises , MB 87-4, 1987 Economic Census, pp. 81-82, Table 8). 3047 CFR §§ 24.712 and 24.711. See eg. Further Notice at ¶ 10. 31The final rule changes are attached as Appendix A. applicants. Amend Section 24.720 of the Commission's Rules to eliminate the exception to the affiliation rules that excludes the gross revenues and total assets of affiliates controlled by investors who are members of a minority-owned applicant's control group. Amend Section 24.711 of the Commission's Rules to provide for three installment payment plans for entrepreneurs' block applicants that are based solely on financial size. Amend
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- 13 C.F.R. § 121.902. See also Competitive Bidding Fifth Report and Order at ¶ 23 and n. 55. Second R&O and Second Further Notice, at ¶ 67. 322 CMRS Third Report and Order at ¶ 16. 323 See CMRS Third Report and Order at ¶ 276; 47 C.F.R. § 20.6 324 47 C.F.R. § 90.814(g). Compare 47 C.F.R. §§ 24.320(b)(2)(iv); 24.720(j)(1). 325 CMRS Third Report and Order at ¶ 277. See 47 C.F.R. §20.6(d)(6). 326 61 convinced that their ineligibility for bidding credits, installment payments, and reduced down payments will hinder their entry into 900 MHz SMR services. Moreover, we are adopting partitioning rules, as discussed at ¶¶ 177-179, infra. We also reject SCCC's request to use a "net revenues" test
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- 8 Also, in a separate Order released May 8, 1996, the Wireless Telecommunications Bureau waived the existing Section 24.813(a) disclosure requirements with respect to outside interests held by applicants or investors in businesses that are not land mobile services regulated as Commercial Mobile Radio Service (CMRS) and Private Mobile Radio Service (PMRS). See Order, Waiver of Certain Provisions of Sections 24.720 and 24.813 of the Commission's Rules, DA 96-705 (rel. May 8, 1996). See also 47 C.F.R. § 20.3 (defining CMRS and PMRS); Second Report and Order, GN Docket No. 93-252, 9 FCC Rcd 1411 (1994), erratum, Mimeo No. 92486 (rel. March 30, 1994). The Commission recently amended this rule to require disclosure only of outside interests held by applicants or
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- and "small governmental jurisdiction." In addition, the term "small business" 200 has the same meaning as the term "small business concern" under Section 3 of the Small Federal Communications Commission FCC 97-342 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 201 15 U.S.C. § 632. 202 See 47 C.F.R. § 24.720(b)(1). 203 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum 204 Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). 2 Business Act.
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- Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. 4 § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix B: Comments
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- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order , 9 FCC Rcd 5532, 5597-99 ¶¶ 150-152 (1994) (Competitive Bidding Fifth Report and Order). The Telecommunications Act of 1996 for the first time enacted a statutory definition for rural telephone companies. See 47 U.S.C. § 153(37). We adopted this definition for broadband PCS designated entity provisions. See 47 C.F.R. 24.720(e); Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, FCC 96-278, Report and Order , ¶¶ 62-66 (released June 24, 1996) (D, E, and F Block Report and Order). 5 Federal Communications Commission FCC 96-287 rural telcos to participate at auction and
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- as an entrepreneurs' block licensee. b. Personal Net Worth 28. Background. In addition to the gross revenues and assets caps, the Fifth Report and Order also established a personal net worth limit to determine eligibility for bidding in the See Fifth Report and Order, FCC 94-178 at ¶¶ 115; 47 C.F.R. § 24.709(a)(2). 62 Id. See also 47 C.F.R. § 24.720 (defining "small business" for purposes of bidding on the 63 entrepreneurs' blocks). BET Petition at 16-17. 64 See id.; see also BET ex parte comments, filed Nov. 3, 1994, at 4. 65 BET ex parte comments, filed Nov. 3, 1994, at 4. 66 TEC Petition at 23-25. 67 MasTec Petition at 2. 68 See, e.g., Fifth Report and Order, FCC
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- must be used whenever an applicant writes, calls, or otherwise inquires about its application. Applicants will also need this number to bid in the auction. Applicants must indicate on their FCC Form 175, if applicable, their status as a small business (businesses or small business consortia with gross revenues not more than $40 million, in accordance with 47 C.F.R § 24.720(b)). If applicable, applicants are requested to indicate their status as a minority-owned business or women-owned business, so that the Commission can monitor its compliance with Section 309(j) of the Communications Act. Applicants that qualify as small businesses or small business consortia must enter "25" next to "% Bidding Credit Eligibility" and must enter "C" next to "Installment Payment Plan Type."
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- Report and Order. However, 47 C.F.R. § 20.6 still limits to 45 MHz the total Commercial Mobile Radio Service spectrum (i.e., broadband PCS, cellular and Specialized Mobile Radio ("SMR") services) in which a party may have an attributable interest in any geographic area at any given time. Bidders that qualify as rural telephone companies ("rural telcos") under 47 C.F.R. § 24.720(e) will be permitted to acquire partitioned licenses by either: (a) forming bidding consortia and then partitioning the license among consortia participants, or (b) acquiring a partitioned license through private negotiations or agreements. See 47 C.F.R. §§ 24.714 and 24.720(e). B. Eligibility to Bid on F-Block Licenses (1) Definition of entrepreneur To bid on an F-block license, an applicant must qualify
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- Report and Order. However, 47 C.F.R. § 20.6 still limits to 45 MHz the total Commercial Mobile Radio Service spectrum (i.e., broadband PCS, cellular and Specialized Mobile Radio services) in which a party may have an attributable interest in any geographic area at any point in time. Bidders that qualify as rural telephone companies (rural telcos) under 47 C.F.R. § 24.720(e) will be permitted to acquire partitioned licenses by either: (a) forming bidding consortia and then partitioning the license among consortia participants, or (b) acquiring a partitioned license through private negotiations or agreements. See 47 C.F.R. §§ 24.714 and 24.720(e). B. Eligibility to Bid on F-Block Licenses (1) Definition of entrepreneur To bid on an F-block license, an applicant must qualify
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- to pay the balance of their net winning bids (actual bids less the applicable bidding credits) in quarterly installments over ten years. See 47 C.F.R. § 24.716; see also 47 C.F.R. § 1.2110(e). The installment plans differ, depending on the licensee's gross revenues in each of the two preceding years, calculated in accordance with 47 C.F.R. §§ 24.709(a)(2), 24.709(b) and 24.720(f). For licensees with annual revenues of not more than $40 million Interest is based on the rate for ten-year U.S. Treasury obligations at the time the BTA license is issued; Interest-only payments may be made for the first two years after the license is issued; and Payments must amortize principal and interest over the next eight years.
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- A, B, and C block broadband PCS auctions also led us to examine other aspects of our rules, and we have determined that we should take certain steps to streamline our procedures and minimize the possibility of insincere bidding and bidder default. To achieve these goals, to make our F 47 C.F.R. §§ 24.709 & 24.715. 10 47 C.F.R. § 24.720. 11 47 C.F.R. § 24.716. 12 47 C.F.R. § 24.717. 13 47 C.F.R. § 24.720. 14 47 C.F.R. §§ 24.706 & 24.716. 15 47 C.F.R. § 24.839(d). 16 4 block rules race- and gender-neutral, and in response to the Cincinnati Bell decision, we make the following changes: We amend Section 24.709 and eliminate Section 24.715 of the Commission's Rules to
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- and "small governmental jurisdiction." In addition, the term "small business" 200 has the same meaning as the term "small business concern" under Section 3 of the Small Federal Communications Commission FCC 97-342 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 201 15 U.S.C. § 632. 202 See 47 C.F.R. § 24.720(b)(1). 203 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum 204 Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). 2 Business Act.
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- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order , 9 FCC Rcd 5532, 5597-99 ¶¶ 150-152 (1994) (Competitive Bidding Fifth Report and Order). The Telecommunications Act of 1996 for the first time enacted a statutory definition for rural telephone companies. See 47 U.S.C. § 153(37). We adopted this definition for broadband PCS designated entity provisions. See 47 C.F.R. 24.720(e); Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, FCC 96-278, Report and Order , ¶¶ 62-66 (released June 24, 1996) (D, E, and F Block Report and Order). 5 Federal Communications Commission FCC 96-287 rural telcos to participate at auction and
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- as an entrepreneurs' block licensee. b. Personal Net Worth 28. Background. In addition to the gross revenues and assets caps, the Fifth Report and Order also established a personal net worth limit to determine eligibility for bidding in the See Fifth Report and Order, FCC 94-178 at ¶¶ 115; 47 C.F.R. § 24.709(a)(2). 62 Id. See also 47 C.F.R. § 24.720 (defining "small business" for purposes of bidding on the 63 entrepreneurs' blocks). BET Petition at 16-17. 64 See id.; see also BET ex parte comments, filed Nov. 3, 1994, at 4. 65 BET ex parte comments, filed Nov. 3, 1994, at 4. 66 TEC Petition at 23-25. 67 MasTec Petition at 2. 68 See, e.g., Fifth Report and Order, FCC
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- § 121.201, SIC code 4812. 140 Trends in Telephone Service, Table 19.3 (February 19, 1999). 141 See Amendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57- 60 (1996); see also 47 C.F.R. § 24.720(b). 142 See id. at para. 60. 143 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). Federal Communications Commission FCC 01-387 32 small businesses within the SBA-approved definition bid successfully for licenses in Blocks A and B. There were 90 winning bidders
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- Total Telecommunications Services, Inc. For broadband PCS, a "small business" is defined as an entity with average annual gross revenues of not more than $40 million for the preceding three years; a "very small business" is defined as an entity with average annual gross revenues of not more than $15 million for the preceding three years. See 47 C.F.R. 4 24.720. 2 The Commission adopted the same small business definitions for WCS as it did for broadband PCS.12Thus, it defined a "small business" as an entity with average annual gross revenues for the preceding three years not to exceed $40 million.`3 The Commission defined a "very small business" as an entity with average annual gross revenues for the preceding three years
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- 2275 (quoting Mississippi Univ. for Women v. Hogan, 458 U.S. at 724 (quoting Wengler v. Druggists Mutual 402 Ins. Co., 446 U.S. 142, 150 (1980))). 92 enrichment restrictions (as set forth in 47 C.F.R. § 24.839(d)), and afford an exception from 395 affiliation for concerns owned by Alaska Native Corporations and Indian Tribes (as set forth in 47 C.F.R. § 24.720(l)(11)(i)). DigiVox contends that the Commission should limit to 98 the total 396 number of WCS licenses for which any party may take advantage of small business bidding credits and other designated entity benefits, believing this limit would prevent any one entity from accumulating too many licenses and would promote the diversity of licensees. Finally, three 397 commenters believe that small
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- 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 the Omnibus Consolidated Appropriations
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- 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 the Omnibus Consolidated Appropriations
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- possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation; and (4) the entity and/or its members have the right to receive dividends, profits, and regular and liquidating distributions from the business in proportion to its interest in the total equity of the applicant or licensee. Section 24.720(j) of the Commission's Rules, 47 C.F.R. § 24.720(j). See 13 C.F.R. § 121.401. 528 See Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 447 (para. 80). 529 business definitions of $15 million and $3 million. Of the 128 applicants to participate in the auction, 101 qualified for the small business bidding credits. We believe the cost of
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- possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation; and (4) the entity and/or its members have the right to receive dividends, profits, and regular and liquidating distributions from the business in proportion to its interest in the total equity of the applicant or licensee. Section 24.720(j) of the Commission's Rules, 47 C.F.R. § 24.720(j). See 13 C.F.R. § 121.401. 528 PAGE 125 years; and (2) a small business as an entity that, together with affiliates and controlling principals, has average gross revenues that are not more than $15 million for the three preceding years. Bidding credits will be determined, as discussed infra, based upon this two-tiered
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- or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R. § 24.720(l). Item (2) Gross revenues and total assets: All applicants claiming status as entrepreneurs must submit gross revenue and total assets information. Applicants claiming status under the general rule as an entrepreneur must disclose separately and in the aggregate in Exhibit C whether the applicant, together with its affiliates and persons or entities that hold attributable interests in the applicant and
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- years from the start date of Auction No. 22. This prohibition extends to qualifying members of the licensee's control group, and their affiliates. Licensees that surrendered licenses pursuant to the 44 C Block Fourth Report and Order at note 48; C Block Reconsideration Order, 13 FCC Rcd at 8360-61 para. 45 37. 47 C.F.R. § 24.709. 46 See id. §§ 24.720 and 1.2105. 47 14 "pure amnesty" election option remain eligible to reacquire the spectrum represented by those surrendered licenses in Auction No. 22 or through a secondary market transaction.45 F. General Eligibility Criteria Regarding Small and Very Small Businesses The Commission has adopted special small business provisions for the C and F blocks in order to promote and facilitate the
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- debt owed to any Federal agency. See 47 C.F.R. §§ 1.2105(a)(2)(xi), 24.709(a)(5). Exhibit G -- Information to Establish Eligibility Required of All Applicants for C Block and/or F Block Licenses: Each applicant applying to bid on one or more C block and/or F block licenses must attach an exhibit demonstrating eligibility as an entrepreneur under 47 C.F.R. §§ 24.709 and 24.720. The information in this exhibit should demonstrate that the applicant is eligible as an entrepreneur to bid on C block and F block licenses, either because it satisfies the general rule set out in 47 C.F.R. § 24.709(a) or because it satisfies an exception described in 47 C.F.R. § 24.709(b). Applicants that were eligible for and participated in either of
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- a winning C block bidder that is a "small business" may use a bidding credit of 15 2 percent to lower the cost of its bid and that a winning C block bidder that is a "very small business" may use a bidding credit of 25 percent to lower the cost of its bid. 47 C.F.R. § 24.712. Under Section 24.720(b) of the Commission's rules, a small business has average annual gross revenues not exceeding $40 million for the preceding three years; whereas, a very small business has average annual gross revenues not exceeding $15 million for the preceding three years. 47 C.F.R. § 24.720(b); see 47 C.F.R. § 1.2110(e)(2)(ii), (iii). Amendment of the Commission's Rules Regarding Installment Payment Financing for
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- 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 served, or
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- 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
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- or has power to control the applicant, or (2) is directly or indirectly controlled by the applicant, or (3) is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or (4) has an "identity in interest" with the applicant, e.g., spouse, kinship, stock ownership. See 47 C.F.R. § 24.720(l). Item (2) Gross revenues and total assets: All applicants claiming status as entrepreneurs must submit gross revenue and total assets information. Applicants claiming status under the general rule as an entrepreneur must disclose separately and in the aggregate in Exhibit C whether the applicant, together with its affiliates and persons or entities that hold attributable interests in the applicant and
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- Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. 4 § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix B: Comments
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- a winning C block bidder that is a "small business" may use a bidding credit of 15 2 percent to lower the cost of its bid and that a winning C block bidder that is a "very small business" may use a bidding credit of 25 percent to lower the cost of its bid. 47 C.F.R. § 24.712. Under Section 24.720(b) of the Commission's rules, a small business has average annual gross revenues not exceeding $40 million for the preceding three years; whereas, a very small business has average annual gross revenues not exceeding $15 million for the preceding three years. 47 C.F.R. § 24.720(b); see 47 C.F.R. § 1.2110(e)(2)(ii), (iii). Auction No. 22, the latest auction of C and F
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- and in the aggregate as Exhibit C to an applicant's FCC Form 175. (2) Very Small or Small Business Consortia A consortium of small businesses or very small businesses is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition of very small or small business in Section 24.720(b)(1) or (2). Thus, each consortium member must disclose its gross revenues along with those of its affiliates and persons or entities holding interests in the consortium member and their affiliates. We note that although the gross revenues of the consortium members will not be aggregated for purposes of determining eligibility for very small or small business credits, this information must
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- Reconsideration Order"). We have received 11 petitions for reconsideration and clarification of the C Block Reconsideration Order. See Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2283, 63 Fed. Reg. 38,404 (July 16, 1998). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. 4 § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act -- 5 Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995). 2 B. Paperwork Reduction Act Analysis...........................................52 C. Ordering Clauses.........................................................53 Appendix A: List of Parties Appendix B: Comments
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- and 10 percent). 417 We note that 60 small businesses won a total of 263 licenses, constituting 25.78 percent of all licenses available, 418 in the 900 MHz SMR auction. See 13 C.F.R. § 121.401. 419 See Competitive Bidding Fifth Memorandum Opinion and Order , 10 FCC Rcd at 403, 447, ¶ 80 (1994). 420 See, e.g., 47 C.F.R. § 24.720(b). 421 78 credits are the same as those offered to small businesses in the 900 MHz SMR auction. As with 417 900 MHz SMR, we believe that these tiered bidding credits take into account the difficulties smaller businesses have in accessing capital and their differing business strategies. We also think that bidding credits at these levels achieve a reasonable compromise
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- have been approved by the Small Business Administration. Letter from 346 Aida Alvarez, Administrator, Small Business Administration to Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau of 12/2/98. Blooston Petition at 21-22. 347 Second Report and Order and Further Notice, 12 FCC Rcd at 2812, ¶ 180. 348 Blooston Petition at 21. 349 47 C.F.R. § 24.720(b). 350 Id.; see also Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket 351 No. 93-253, Fifth Report & Order, 9 FCC Rcd 5532, 5608-09, ¶¶ 175-176 (1994); Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 420-21, ¶¶ 28-30, 435-56, ¶¶ 58-96 (1994) (Competitive Bidding Fifth Memorandum Opinion
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- licensees are small entities, as that term is defined by the SBA. Although there are 1,758 cellular licenses, we do not know the number of cellular licensees, since a cellular licensee may own several licenses. 2. Estimates for Broadband PCS Licensees The broadband PCS spectrum is divided into six frequency blocks designated A through F. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined "small entity" in the auctions for Blocks C and F as a firm that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining "small entity" in the context of broadband PCS auctions has been approved by the SBA. 317 The Commission has auctioned broadband PCS licenses in
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- and Second NPRM, 12 FCC Rcd at 18677-18679. 256 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the 257 Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60. (released June 24, 1996), 61 FR 33859 (July 1, 1996), see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the 258 Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60. (released June 24, 1996), 61 FR 33859 (July 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP
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- GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small
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- 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees
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- small business preferences, will be determined based on the attribution rules in effect at the time of filing their short-form applications. Id. at ¶ 67. See Part 1 Fifth Report and Order, 65 Fed. Reg. 52,323 (August 29, 2000) (summary). Part 1 Fifth Report and Order, ¶ 78. In addition to the attribution rule change, compare, e.g., 47 C.F.R. § 24.720(e) (definition of ``Rural Telephone Company'' in the broadband PCS rules) with 47 C.F.R. § 1.2110(b)(3) (definition of ``Rural Telephone Company'' in the Part 1 rules). The Bureau notes that time may not permit conforming edits to the Part 24 C and F block rules to be made in advance of Auction No. 35. See Part 1 Third Report and Order
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- before March 23, 2001, even if their total assets and gross revenues exceed the financial caps for auction participation as an entrepreneur. This exception does not extend to F block licenses. Small Business Bidding Credit Eligibility (FCC Form 175 Exhibit D) Bidding credits are available to small and very small businesses, or consortia thereof, (as defined in 47 C.F.R § 24.720(b)) that win licenses in open bidding. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, together with its affiliates and controlling interests of the bidder and its affiliates: A bidder with average annual gross
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- 4742, ¶ 6. C Block Fourth Report and Order Reconsideration, 15 FCC Rcd at 4742-43, ¶¶ 7-8. Verizon Petition at 9-10. Id. at 7. Id. at 6. Id. at 10. We will address the issues raised in the Verizon Petition in the order we adopt in this docket. Nextel Opposition at ii, 9-15. Id. at 13-15. See 47 C.F.R. § 24.720(b)(1), (3). See id. § 24.720(b)(1), (3), (4). See id. §§ 24.712(a); 24.717(a); 1.2110(e)(2)(iii). See id. § 24.720(b)(2), (5). See id. § 24.720(b)(2), (3), (5). See id. §§ 24.712(b); 24.717(b); 1.2110(e)(2)(ii). We note that for these LMDS auctions, pursuant to Section 101.1003 of the Commission's rules, an incumbent local exchange carrier or incumbent cable operator was prohibited from owning an attributable
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- of the Communications Act -- Competitive Bidding, PP Docket 93-253, Sixth Report and Order, 11 FCC Rcd 136 (1995) ("Competitive Bidding Sixth Report and Order"), aff'd sub nom., Omnipoint Corp. v. FCC, 78 F.3d 620 (D.C. Cir. 1996) ("Omnipoint"). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994) (``Competitive Bidding Fifth Report and Order''); Order on Reconsideration, 9 FCC Rcd 4493 (1994) ("Competitive Bidding Order on Reconsideration"), Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd 403; Competitive Bidding Sixth Report and Order, 11
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- applicant's most recently available audited financial statements, even if those statements are then a year or more out of date, or whether eligibility should be based on the relevant financial data as of the most recently completed calendar/fiscal year, even if audited financial statements for the most recent year are not available as of the short-form filing deadline. Under Section 24.720, an entrepreneurs' block applicant must evidence its gross revenues and total assets with its most recent audited financial statements, or, if the applicant does not otherwise use audited financial statements, a certification by the applicant's chief financial officer or its equivalent. We see no need to modify these rules. We note, however, that we expect an applicant to obtain financial
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- The eligibility for small business preferences, will be determined based on the attribution rules in effect at the short-form application deadline. Id. at ¶ 67. See Part 1 Fifth Report and Order, 65 Fed. Reg. 52,323 (August 29, 2000) (summary). Part 1 Fifth Report and Order, ¶ 78. In addition to the attribution rule change, compare, e.g., 47 C.F.R. § 24.720(e) (definition of ``Rural Telephone Company'' in the rules) with 47 C.F.R. § 1.2110(c)(4) (definition of ``Rural Telephone Company'' in the Part 1 rules). See Part 1 Third Report and Order at 382, ¶ 5; Part 1 Fifth Report and Order, ¶ 78. 47 C.F.R. § 1.2110 (c)(2). For further guidance on the issue of de facto control, see the Commission's
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- Order, 9 FCC Rcd 7245, 7269, ¶ 145 (1994). The Commission also affirmed in the Part 1 Third Report and Order that it would continue this approach. Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. Narrowband PCS R&O/Further Notice, 12 FCC Rcd at 13006, ¶ 66. Id. at 13006, ¶ 67. See 47 C.F.R. § 24.720(b). Benbow Comments at 16-17; Celpage Comments at 14-15; CONXUS Comments at 19; Merlin Comments at 9-10; PCIA Comments at 20. Merlin Comments at 10-11. RTG Comments at 2-5; NTCA Reply Comments at 2. To date, 89 percent of rural telephone companies participating in Commission auctions of wireless licenses have identified themselves as small businesses. PageNet Reply Comments at 9. Narrowband
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- minorities and women through the broad provisions available to small businesses. Currently, the narrowband PCS rules define "members of minority groups" as "individuals of African-American, Hispanic-surnamed, American Eskimo, Aleut, American Indian and Asian American extraction."56 In response to numerous inquiries, we revised this definition in our broadband PCS rules to conform with the definition used in other contexts.57 Thus, Section 24.720(i) of our rules for broadband PCS now defines members of minority groups to include "Blacks, Hispanics, American Indians, Alaskan Natives, Asians, and Pacific Islanders."58 22. Discussion. In the Competitive Bidding Fifth Memorandum Opinion and Order, we noted that we would make the same definitional correction made in the broadband PCS context to the definition of minority groups used in the
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- understanding that Teligent and its related companies have less than 1,500 employees, though this may change in the future. However, TRW is not a small entity. Therefore, only one incumbent licensee in the 24 GHz band is a small business entity. New Licensees. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- subject. Bidding Credits Qualifying applicants in Auction No. 10 were eligible for a bidding credit on C block licenses that represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder, as set provided in 47 C.F,R. Section 24.709 and 24.720(b). A bidder with average gross revenues not exceeding $40 million for the preceding three years received a 25 percent discount on its winning bids for C. The definitions of very small business and small business (or a consortium of very small or small businesses; including calculation of average gross revenues) are set forth in 47 C.F.R. 24.720(b). Winning bidders of
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- such devices as small, lightweight, multifunction portable phones, portable fax machines, and advanced devices with two-way data capabilities that are competing with existing cellular, paging and other land mobile services. License Period Licenses are issued for a ten-year term from the initial license grant date. Installment Payments Installment payments were offered on F-block licenses. See 47 C.F.R. section 24.709(a)(2), 24.709(b), 24.720(f) and the Auction #11 Bidder Information Package for more detail. Bidding Credits size of an F-block bidding credit depends on the annual gross 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, and
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- winning bids for C and F block licenses Bidding credits are not cumulative. A qualifying applicant receives either the 15 percent or the 25 percent bidding credit, but not both. The definitions of very small business and small business (or a consortium of very small or small businesses; including calculation of average gross revenues) are set forth in 47 C.F.R. 24.720(b). Winning bidders of C or F block licenses should note that transfer and assignment restrictions and unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their licenses to an entity not qualifying for the same levels of bidding credits. Finally, bidders should also note that there are no installment payment plans
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- this subject. Bidding Credits Qualifying applicants in Auction No. 5 were eligible for a bidding credit on C block licenses that represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder, as provided in 47 C.F,R. Section 24.709 and 24.720(b). * A bidder with average gross revenues not exceeding $40 million for the preceding three years received a 25 percent discount on its winning bids for C. The definitions of very small business and small business (or a consortium of very small or small businesses; including calculation of average gross revenues) are set forth in 47 C.F.R. 24.720(b). Winning bidders
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- for Personal Communications Services (PCS) Licenses This Order on Reconsideration addresses petitions for reconsideration of a Fourth Report and Order, released August 19, 1998, which modified the rules governing auctions of C block broadband Personal Communications Services spectrum. [88]pdf - [89]text - [90]Word 12/29/1999 ORDER (DA 99-3016) In the Matter of D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business is denied. [91]pdf - [92]text - [93]WordPerfect 11/2/1999 ORDER ON RECONSIDERATION OF MEMORANDUM OPINION AND ORDER (FCC 99-319) In the Matter
- http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=12
- use in manual filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Releases By Year 1999 [43]FCC Site Map Auctions Releases for December 1999 12/29/1999 ORDER (DA 99-3016) Auction [44]5 In the Matter of D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business is denied. [45]pdf - [46]text - [47]WordPerfect 12/23/1999 PUBLIC NOTICE (DA 99-2988) Auction [48]26 Auction of 929 and 931 MHz Paging
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- In those instances in which service-specific departures from the Part 1 general competitive bidding rules were tailored for a particular service, we retain such rules.21 In addition, pursuant to the Bureau's delegated authority to make ministerial conforming edits22 to Commission rules, we restore and revise certain rule sections that were inadvertently altered, deleted, or 14 Compare, e.g., 47 C.F.R. § 24.720(e) (definition of "rural telephone company" in the broadband PCS rules) with 47 C.F.R. § 1.2110(c)(4) (definition of "rural telephone company" in the Part 1 rules). 15 Part 1 Order, 12 FCC Rcd at 5689, ¶ 4 ("[W]e seek to establish a uniform set of provisions that would incorporate our experience to date and allow us to conduct future auctions in
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- code 4812. Trends in Telephone Service, Table 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- were relocated from the 18 GHz band, Teligent and TRW, Inc. Both Teligent and TRW appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- the petitions for reconsideration and ex parte communications concerning financial provisions adopted in the Competitive Bidding Fifth Memorandum Opinion and Order. The Order also clarifies the extent of authority delegated to the Chief 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
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- auctions process. See Section 257 Proceeding to Identify and Eliminate Market Entry Barriers for Small Businesses (Report) , FCC 97-164 (rel. May 8, 1997) ("Section 257 Report"). 47 C.F.R. § 1.2110(b)(1). See Notice at ¶¶ 19-20. 37 47 C.F.R. § 90.814(b)(1)(i) ($3 and $15 million definition of small business in 800 MHz and 900 MHz SMR); 38 47 C.F.R. § 24.720(b)(2) ($15 million definition of small business in broadband PCS F block); 47 C.F.R. § 24.720(b)(1) ($40 million definition of small business in broadband PCS for C and F blocks); 47 C.F.R. § 21.961(b)(1) ($40 million definition of small business in MDS) 47 C.F.R. § 24.711(b)(1) ($75 million definition in broadband PCS C and F blocks); 47 C.F.R. § 24.709(a)(1) ($125
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- in Telephone Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). See
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- 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 gross
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- adopted in this Further NPRM. 84. Broadband PCS Licensees. In an effort to further refine our calculation of the number of radiotelephone companies affected by the rules adopted herein, we consider the category of radiotelephone carriers, Broadband PCS Licensees. The broadband PCS spectrum is divided into six frequency blocks designated A through F. As set forth in 47 C.F.R. § 24.720(b), the Commission has defined "small entity" in the auctions for Blocks C and F as a firm that had average gross revenues of less than $40 million in the three previous calendar years. For Block F, an additional classification for "very small business" was added and is defined as an entity that, together with its affiliates, has average gross revenues
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- SIC code 4812. 99 Telecommunications Industry Revenue, Figure 2. 100See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 101See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (July 1, 1996). 102See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- who qualified as small entities in the 900 36 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap , Report and Order, FCC 96-278, WT Docket No. 96- 59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 37 Id., at ¶ 60. 38 Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93- 253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 39 See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901
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- Carriers Reporting by Type of Carrier and Type of Revenue). 268 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). 269 Id., at para. 60. 270 Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 70 158. Cellular and Mobile Service Carriers: In an effort to further refine our calculation of the number of radiotelephone companies affected by the rules adopted herein, we consider
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- § 121.201, SIC Code 4812. Id. Carrier Locator at Fig. 1. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at ¶ 60. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
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- § 121.201, SIC Code 4812. Id. Carrier Locator at Fig. 1. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, pp. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at p. 60. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 47 C.F.R. § 90.814(b)(1). 13 C.F.R. § 121.201, SIC Code 4812. This definition provides that a small entity is a radiotelephone company employing no more than 1,500 persons. 1992 Census at
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- 4812. Trends in Telephone Service, Table 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, paras. 57- 60 (released June 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- Teligent and TRW, Inc. Both Teligent and TRW, Inc. appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The rules that we may later adopt could also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- (Wireless Telecommunications Bureau (October 23, 1998). Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- service carriers that would qualify under SBA's definition. Consequently, we estimate that there are fewer than 117 small entity mobile service carriers that may be affected by the decisions and rules adopted in this Order. 1353. Broadband PCS Licensees. The broadband PCS spectrum is divided into six frequency blocks designated A through F. As set forth in 47 C.F.R. § 24.720(b), the Commission has defined "small entity" in the auctions for Blocks C and F as a firm that had average gross revenues of less than $40 million in the three previous calendar years. Our definition of a "small entity" in the context of broadband PCS auctions has been approved by SBA. The Commission has auctioned broadband PCS licenses in 3261
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- Employment Size of Firms: 1992, SIC 4812 (issued May 1995). 12 See TRS Worksheet. 13 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-253, paras. 57- 60 (rel. June 24, 1996); See also 47 C.F.R. § 24.720(b) . 58 defines a small entity as one with 1500 or fewer employees. The 1992 Census of Transportation, Communications, and Utilities, conducted by the Bureau of the Census, shows that only 12 radiotelephone firms out of a total of 1,176 such firms that operated during 1992 had 1,000 or more employees.11 Therefore, even if all 12 of these large firms
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- Federal Communications Commission FCC 97-74 Id. 39 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding 40 and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-253, ¶¶ 57- 60 (rel. June 24, 1996) (Amendment of Parts 20 and 24 Order); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 Order at ¶ 60. 41 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). 42 D-8 16. Cellular Service Carriers. Neither the Commission nor SBA has developed a definition of small entities specifically applicable to providers of cellular services. The closest applicable definition under SBA
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- three previous calendar Federal Communications Commission FCC 98-48 50 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released June 24, 1996), 61 F 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 51 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 F 33859 (July 1, 1996). 52 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No.
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- radiotelephone companies, i.e., an entity employing no more than 1,500 persons. At present, there are approximately 24,000 Private Paging licenses and 74,000 Common Carrier Paging Federal Communications Commission FCC 98-278 118 FCC, Telecommunications Industry Revenue: TRS Fund Worksheet Data, Figure 2 (Number of Carriers Paying Into the TRS Fund by Type of Carrier) (Nov. 1997). 119 See 47 C.F.R. § 24.720(b)(1). 120 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 33 licenses. According to Telecommunications Industry Revenue data, there were 172 "paging and other mobile" carriers reporting that they engage in these services.118 Consequently, the Commission estimates that there are fewer than 172
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- 248 Telecommunications Industry Revenue, Figure 2. 249 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, 7850-52 (1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Competitive Bidding Order); see also 47 C.F.R. § 24.720(b). 250 See Broadband PCS Competitive Bidding Order, 11 FCC Rcd at 7852. 251 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 252 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). 56 qualify
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- some of these carriers are Federal Communications Commission FCC 99-175 35 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). 36 Id., at ¶ 60. 37 Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93- 253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 38 See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901
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- 1995). 412 Trends in Telephone Service, Table 19.3 (February 19, 1999). 413 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio ice Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); 47 CFR 24.720(b). 414 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio ice Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). 415 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No.
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- the SBA has developed a definition of small entities specifically applicable to these broad subcategories, so we Federal Communications Commission FCC 99-229 34 Id. To the extent that the Commission has adopted definitions for small entities in connection with the auction of particular wireless licenses, we discuss those definitions below. 35 Carrier Locator at Fig. 1. 36 47 C.F.R. § 24.720(b)(1). 37 Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 38 47 C.F.R. §§ 90.814(b)(1) and 90.912(b)(1). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and
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- code 4812. Telecommunications Industry Revenue, Figure 2. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, 7850-52 (1996), 61 FR 33859 (July 1, 1996) (Broadband PCS Competitive Bidding Order); see also 47 C.F.R. § 24.720(b). See Broadband PCS Competitive Bidding Order, 11 FCC Rcd at 7852. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released January 14, 1997). 13 C.F.R. § 121.201, SIC
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- § 121.201, SIC Code 4812. Id. Carrier Locator at Fig. 1. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. at ¶ 60. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
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- § 121.201, SIC Code 4812. Id. Carrier Locator at Fig. 1. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at para. 60. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
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- § 121.201, SIC Code 4812. Id. Trends Report at Table 19.3. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id. at para. 60. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 47 C.F.R. § 90.814(b)(1). 13 C.F.R. § 121.201, SIC Code 4812. This definition provides that a small entity is a radiotelephone company employing no more than 1,500 persons. U.S. Bureau of
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- 1998). Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR Section 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 5, SIC code 4812. Trends Report, Table 16.3. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, paras. 57- 60 (rel. Jun. 24, 1996), 61 Fed. Reg. 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, FCC 96-278, para. 60 (1996), 61 Fed. Reg. 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253,
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- Size, Table 5, Employment Size of Firms; 1992, SIC Code 4812 (issued May 1995). Id. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rule Making, 10 FCC Rcd 175,196 (1995); Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. (( 24.320(b) and 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824 (1996). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11
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- 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on the results of these spectrum auctions may be obtained from the Commission's Web site at http://www.fcc.gov/wtb/auctions/. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 530, ¶ 133. See Part 1
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- for other types of radiofrequency devices, we estimate that 50 percent of the applications for cellular telephones will be from small businesses. It is estimated that 200 mobile and portable cellular transmitters will require authorization per year. C. Personal Communications Service The broadband PCS spectrum is divided into six frequency blocks designated A through F. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined "small entity'' for Blocks C and F licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining "small entity'' in the context of broadband PCS auctions has been approved by the SBA. 216 The Commission has auctioned broadband PCS licenses in Blocks A, B,
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- is based upon environmental effects of RF emissions. Since most cellular licensees have constructed their facilities, we anticipate receiving only a small number of such requests from cellular licensees and that all of these would be small entities. Personal Communications Service The broadband PCS spectrum is divided into six frequency blocks designated A through F. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined "small entity'' for Blocks C and F licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining "small entity'' in the context of broadband PCS auctions has been approved by the SBA.239 The Commission has auctioned broadband PCS licenses in all of its spectrum
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- pay for its shares did not entitle it to shareholder rights materially different from the rights of all common shareholders.80 In particular, DT's 73 Fox I, 10 FCC Rcd at 8454, para. 2. 74 Id. at 8474, para. 50. 75 Id. at 8471-74, paras. 43-74. 76 See NextWave, 12 FCC Rcd at 2035-43, paras. 12-32; 47 C.F.R. §§ 24.709, 24.712, 24.720. 77 NextWave, 12 FCC Rcd at 2049-67, paras. 43-78. 78 Fox I, 10 FCC Rcd at 8474, para. 49. 79 Applicants Feb. 9 Response to Supplemental Information Request at 17-18. 80 Id. at 16. The preferred shares DT holds differ from common shares primarily in that the preferred shares have a liquidation preference and receive dividends based on the number
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- for Women v. Hogan, 458 U.S. 718, 724 (1982)). 92 along with control group equity requirements (as set forth in 47 C.F.R. § 24.709) and unjust enrichment restrictions (as set forth in 47 C.F.R. § 24.839(d)), and afford an exception from 395 affiliation for concerns owned by Alaska Native Corporations and Indian Tribes (as set forth in 47 C.F.R. § 24.720(l)(11)(i)). DigiVox contends that the Commission should limit to 98 the total 396 number of WCS licenses for which any party may take advantage of small business bidding credits and other designated entity benefits, believing this limit would prevent any one entity from accumulating too many licenses and would promote the diversity of licensees. Finally, three 397 commenters believe that small
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- A through F, and the Commission has held auctions 144 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR 24.720(b). 145 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). 146 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No.
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- 4812. Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- 1998). Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 57-60 (released June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR Section 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59 Sections 60 (released June 24, 1996), 61 FR 33859 (July 1, 1996) See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket
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- 4812. Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- Department of Commerce, 1992 Census of Transportation, Communications, 154 and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5, Employment Size of Firms: 1992, SIC Code 4812 (issued May 1995). FCC, Telecommunications Industry Revenue: TRS Fund Worksheet Data, Figure 2 (Number of Carriers 155 Paying Into the TRS Fund by Type of Carrier) (Nov. 1997). See 47 C.F.R. § 24.720(b)(1). 156 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93- 157 253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). O-15 1,000 or more employees. Therefore, even if all twelve of these firms were cellular telephone companies, 154 nearly all cellular carriers were small businesses under the SBA's definition. The Commission
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- Carriers Reporting by Type of Carrier and Type of Revenue). 268 See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 CFR § 24.720(b). 269 Id., at para. 60. 270 Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 70 158. Cellular and Mobile Service Carriers: In an effort to further refine our calculation of the number of radiotelephone companies affected by the rules adopted herein, we consider
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- a "small business concern" is one that: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) meets any additional criteria established by the Small Business Administration (SBA).207 The proposals in this Notice affect applicants who wish to provide services in the 746-764 and 776- 794 MHz bands. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined "small entity" for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining "small entity" in the context of broadband PCS auctions has been approved by the SBA.208 With respect to applicants for licenses in the 746-764 and
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- Telephone Service, Table 19.3 (Feb. 19, 1999). 43 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). 44 See Id. at 7852 (para. 60). 45 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). PAGE B-9 together in the data.40 We do not have data specifying the number of these
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- from filings made in connection with the Telecommunications Relay Service (TRS). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57-60 (June 24, 1996), 61 FR 33859 (July 1, 1996); see also 47 C.F.R. § 24.720(b). Id., at ¶ 60. Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
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- We therefore believe that only one licensee in the 24 GHz is a small business entity. We seek comment on this analysis. In providing such comment, commenters are requested to provide information regarding how many total and small business entities would be relocated. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small entity'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small entity'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- estimates that this ratio is approximately accurate for all government entities. Thus, of the 85,006 governmental entities, we estimate that ninety-six percent, or about 81,600, are small entities that may be affected by our rules. The proposals in the Notice affect applicants who wish to provide services in the 4.9 GHz band. We note that pursuant to 47 C.F.R. § 24.720(b), the Commission has previously defined ``small entity'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less that $40 million in the three previous calendar years. This regulation defining ``small entity'' in the context of broadband PCS auctions has been approved by the SBA. We also note that the Commission has adopted this
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- 4742, ¶ 6. C Block Fourth Report and Order Reconsideration, 15 FCC Rcd at 4742-43, ¶¶ 7-8. Verizon Petition at 9-10. Id. at 7. Id. at 6. Id. at 10. We will address the issues raised in the Verizon Petition in the order we adopt in this docket. Nextel Opposition at ii, 9-15. Id. at 13-15. See 47 C.F.R. § 24.720(b)(1), (3). See id. § 24.720(b)(1), (3), (4). See id. §§ 24.712(a); 24.717(a); 1.2110(e)(2)(iii). See id. § 24.720(b)(2), (5). See id. § 24.720(b)(2), (3), (5). See id. §§ 24.712(b); 24.717(b); 1.2110(e)(2)(ii). We note that for these LMDS auctions, pursuant to Section 101.1003 of the Commission's rules, an incumbent local exchange carrier or incumbent cable operator was prohibited from owning an attributable
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- 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (¶¶ 57-60) (1996) (Cross Ownership Report & Order); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). Cross Ownership Report & Order, 11 FCC Rcd at 7852 (¶ 60). See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (¶¶ 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No.
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- Trends in Telephone Service, Table 19.3 (February 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶¶ 57- 60 (rel. Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, ¶ 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- 4812. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, WT Docket 96-59, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 ¶¶ 57-60 (1996) (CMRS Spectrum Cap Report and Order); see also 47 C.F.R. § 24.720(b). See CMRS Spectrum Cap Report and Order, 11 FCC Rcd at 7852 ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). Id. §
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- and "small governmental jurisdiction."200 In addition, the term "small business" has the same meaning as the term "small business concern" under Section 3 of the Small Federal Communications Commission FCC 97-342 201 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 202 15 U.S.C. § 632. 203 See 47 C.F.R. § 24.720(b)(1). 204 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-5584 (1995); 47 C.F.R. §§ 24.320(b) and 24.720(b). 2 Business Act.201 Under
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- businesses of the modifications we have adopted. See Section E of this Supplemental FRFA, infra. Federal Communications Commission FCC 98-46 5 5 U.S.C. §§ 603(b)(3), 604(a)(3). 6 5 U.S.C. § 601(6). 7 5 U.S.C. § 601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. § 632). 8 15 U.S.C. § 632. 9 See 47 C.F.R. § 24.720(b)(1). 10 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Third Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 175, 196 (1995); Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, Fifth Report and Order, 9 FCC Rcd 5581-84 (1995); 47 C.F.R. §§ 24.320(b), 24.720(b). - 2 - C. Description
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- or PCS service.341 It seems certain that some of these carriers are not independently owned and operated, or have more than 1,500 employees; however, the Commission is unable at this time to estimate with greater precision the number of cellular service carriers qualifying as small business concerns under the SBA's Federal Communications Commission FCC 98-134 342 See 47 C.F.R. § 24.720(b)(1). 343 See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93- 253, Fifth Report and Order, 9 FCC Rcd. 5532, 5581-84 (1994). 344 Some channels in the 220-222 MHz band are reserved for Public Safety and Emergency Medical Radio Services. Amendment of Part 90 of the Commission's Rules To Provide for the Use of
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- Telephone Service, Table 19.3 (Feb. 19, 1999). 15 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). Federal Communications Commission FCC 99-244 4 that, together with their affiliates, has average gross revenues of not more than $15 million for the preceding three calendar years.16 These regulations defining "small entity" in the context of broadband PCS auctions have been approved by the SBA.17 No small businesses within the SBA-approved definition bid
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- business concerns Federal Communications Commission FCC 99-245 17 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). 18 See Id. at 7852 (para. 60). 19 See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). 20 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan.
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- in Telephone Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). As
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- provide the correct figure of its total assets, TeleCorp provided an admittedly incorrect response to this item in its application, apparently in the mistaken belief that the figure was irrelevant. For the reasons discussed above, this figure is relevant, and applicants proposing to assign or transfer C and F block licenses must provide asset and revenue determinations, pursuant to sections 24.720(f) and (g) of the Commission's rules, for the proposed assignees or transferees. Further, to the extent those assets and revenues exceed the $125 million/$500 million limits in section 24.709(a), applicants must explain how these increased revenues and assets are nonattributable pursuant to section 24.709(a)(3). Qualifying Investors' Equity Requirements Nextel has challenged TeleCorp's ownership structure, arguing that the structure does not
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- GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small
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- 15, 1999, Attachment 1 (Description of Transaction) to Form 603 at 1 (``Omnipoint/Cook Inlet Public Interest Statement''). Id. (citing 43 U.S.C. § 1601 et seq.). Applications of Omnipoint Corporation and Cook Inlet/VS GSM II PCS, LLC, File No. 0000016601 (lead application), filed July 15, 1999, Attachment 2 (Eligibility for Assignment as Entrepreneur) to Form 603 at 1(citing 47 C.F.R. §§ 24.720(l)(11), 24.709(a)(2)) (``Omnipoint/Cook Inlet Eligibility Statement''). Id. at 2. The DE licenses that Omnipoint acquired in Auction No. 22 will be held by CIVS III, and the rest of Omnipoint's DE licenses will be held by CIVS II. Omnipoint/Cook Inlet Public Interest Statement at 2. VoiceStream/Omnipoint Public Interest Statement at 6, 11. The parties state that the combined company will hold
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- Block Fourth Report and Order, 13 FCC Rcd at 15,747-48, para. 8. Conestoga Petition; DiGiPH Petition. C Block Fourth Report and Order, 13 FCC Rcd at 15,747-48, para. 8. See 47 C.F.R. § 1.2110. See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. § 309(j)(4)(D). See 47 C.F.R. § 24.709. Id. § 24.709(a)(1); see id. § 24.720; Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994) ("Competitive Bidding Fifth Report and Order"), Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994), Sixth Report and Order, 11 FCC Rcd 136 (1995), aff'd sub nom., Omnipoint Corp. v. FCC, 78 F.3d 620 (D.C. Cir.
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- exchange service, including exchange access, to fewer than 50,000 access lines; (3) Provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or (4) Has less than 15 percent of its access lines in communities of more than 50,000 on the date of enactment of the Telecommunications Act of 1998. 47 C.F.R. § 24.720(e) (1998). See former section 24.714 of the rules, 47 C.F.R. § 24.714 (1996), for the geographic partitioning rule for rural telcos. Amendment of the Commission's Rules to Establish New Personal Communications Services, GEN Docket No. 90-314, Second Report and Order, 8 FCC Rcd. 7700 (1993) (Broadband PCS Second Report and Order). Amendment of the Commission's Rules to Establish New Personal
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- of Governments." Id. See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, WT Docket No. 96-59, 11 FCC Rcd 7824, 7850-52, ¶¶ 57- 60 (1996) (Spectrum Cap Report and Order), 61 Fed. Reg. 33859 (Jul. 1, 1996); see also 47 CFR § 24.720(b). See Spectrum Cap Report and Order, 11 FCC Rcd at 7852, ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). FCC News, ``Broadband PCS, D, E and F Block Auction Closes,'' No. 71744 (released Jan. 14, 1997). 13 C.F.R. §
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- Order, 9 FCC Rcd 7245, 7269, ¶ 145 (1994). The Commission also affirmed in the Part 1 Third Report and Order that it would continue this approach. Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. Narrowband PCS R&O/Further Notice, 12 FCC Rcd at 13006, ¶ 66. Id. at 13006, ¶ 67. See 47 C.F.R. § 24.720(b). Benbow Comments at 16-17; Celpage Comments at 14-15; CONXUS Comments at 19; Merlin Comments at 9-10; PCIA Comments at 20. Merlin Comments at 10-11. RTG Comments at 2-5; NTCA Reply Comments at 2. To date, 89 percent of rural telephone companies participating in Commission auctions of wireless licenses have identified themselves as small businesses. PageNet Reply Comments at 9. Narrowband
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- code 4812. Trends in Telephone Service, Table 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, paras. 57- 60 (released Jun. 24, 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, FCC 96-278, WT Docket No. 96-59, para. 60 (1996), 61 FR 33859 (Jul. 1, 1996). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth
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- 1.2105(a), which requires that consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees
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- Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See id. at 7852 ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 ¶¶ 114-20 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). See Amendment of Parts 2 and 90 of
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- Trends in Telephone Service, Table 19.3 (March 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). Id. at 7852 (¶ 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (¶¶ 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). See Amendment
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- and assets are attributable to Leap. Carolina PCS, however, presents no arguments in its 1999 Application for Review that would lead us to change CWD's decision. We therefore affirm that decision for the reasons stated therein. The Leap Order, however, did not address the issue Carolina PCS raises as to whether QUALCOMM should be considered Leap's predecessor-in-interest pursuant to section 24.720(f) of the Commission's rules. Accordingly, we address this issue below. Carolina PCS argues that notwithstanding the PTC Exception, Leap still exceeds the assets and revenues requirements of our rules for designated entities because the gross revenues and total assets of QUALCOMM must be attributed to Leap as Leap's predecessor-in-interest. In defining gross revenues, section 24.720(f) states, in part, that for
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- understanding that Teligent and its related companies have less than 1,500 employees, though this may change in the future. However, TRW is not a small entity. Therefore, only one incumbent licensee in the 24 GHz band is a small business entity. New Licensees. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- were relocated from the 18 GHz band, Teligent and TRW, Inc. Both Teligent and TRW appear to have more than 1,500 employees. Therefore, it appears that no incumbent licensee in the 24 GHz band is a small business entity. Future 24 GHz Licensees. The proposals also affect potential new licensees on the 24 GHz band. Pursuant to 47 C.F.R. § 24.720(b), the Commission has defined ``small business'' for Blocks C and F broadband PCS licensees as firms that had average gross revenues of less than $40 million in the three previous calendar years. This regulation defining ``small business'' in the context of broadband PCS auctions has been approved by the SBA. With respect to new applicants in the 24 GHz band,
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- of the Communications Act -- Competitive Bidding, PP Docket 93-253, Sixth Report and Order, 11 FCC Rcd 136 (1995) ("Competitive Bidding Sixth Report and Order"), aff'd sub nom., Omnipoint Corp. v. FCC, 78 F.3d 620 (D.C. Cir. 1996) ("Omnipoint"). See Communications Act of 1934, as amended ("Communications Act"), § 309(j)(4)(D), 47 U.S.C. § 309(j)(4)(D). See 47 C.F.R. §§ 24.709 and 24.720; Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532 (1994) (``Competitive Bidding Fifth Report and Order''); Order on Reconsideration, 9 FCC Rcd 4493 (1994) ("Competitive Bidding Order on Reconsideration"), Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd 403; Competitive Bidding Sixth Report and Order, 11
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- applicant's most recently available audited financial statements, even if those statements are then a year or more out of date, or whether eligibility should be based on the relevant financial data as of the most recently completed calendar/fiscal year, even if audited financial statements for the most recent year are not available as of the short-form filing deadline. Under Section 24.720, an entrepreneurs' block applicant must evidence its gross revenues and total assets with its most recent audited financial statements, or, if the applicant does not otherwise use audited financial statements, a certification by the applicant's chief financial officer or its equivalent. We see no need to modify these rules. We note, however, that we expect an applicant to obtain financial
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- Locator Interstate Service Providers, Figure 1 (January 2000). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52 (paras. 57-60) (1996); see also Section 24.720(b) of the Commission's Rules, 47 C.F.R. §24.720(b). See Id. at 7852 (para. 60). See, e.g., Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (paras. 114-20) (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (released Jan. 14, 1997). The
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- 36-39. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59; Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket 90-314, Report and Order, 11 FCC Rcd 7824, 7850-52, ¶¶ 57-60 (1996) (Cross Ownership Report & Order); see also 47 C.F.R. § 24.720(b). Cross Ownership Report & Order, 11 FCC Rcd at 7852, ¶ 60. See, e.g., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84, ¶¶ 114-20 (1994). FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997). 13 C.F.R.
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- Total Telecommunications Services, Inc. For broadband PCS, a "small business" is defined as an entity with average annual gross revenues of not more than $40 million for the preceding three years; a "very small business" is defined as an entity with average annual gross revenues of not more than $15 million for the preceding three years. See 47 C.F.R. 4 24.720. 2 The Commission adopted the same small business definitions for WCS as it did for broadband PCS.12Thus, it defined a "small business" as an entity with average annual gross revenues for the preceding three years not to exceed $40 million.`3 The Commission defined a "very small business" as an entity with average annual gross revenues for the preceding three years
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- small business preferences, will be determined based on the attribution rules in effect at the time of filing their short-form applications. Id. at ¶ 67. See Part 1 Fifth Report and Order, 65 Fed. Reg. 52,323 (August 29, 2000) (summary). Part 1 Fifth Report and Order, ¶ 78. In addition to the attribution rule change, compare, e.g., 47 C.F.R. § 24.720(e) (definition of ``Rural Telephone Company'' in the broadband PCS rules) with 47 C.F.R. § 1.2110(b)(3) (definition of ``Rural Telephone Company'' in the Part 1 rules). The Bureau notes that time may not permit conforming edits to the Part 24 C and F block rules to be made in advance of Auction No. 35. See Part 1 Third Report and Order
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- before March 23, 2001, even if their total assets and gross revenues exceed the financial caps for auction participation as an entrepreneur. This exception does not extend to F block licenses. Small Business Bidding Credit Eligibility (FCC Form 175 Exhibit D) Bidding credits are available to small and very small businesses, or consortia thereof, (as defined in 47 C.F.R § 24.720(b)) that win licenses in open bidding. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, together with its affiliates and controlling interests of the bidder and its affiliates: A bidder with average annual gross
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- Internet URL: [14]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970194.txt INTEGRATED COMMUNICATIONS GROUP CORP. Dismissed Integrated's request for a waiver of the FCC rules to be classified as a minority owned and controlled company. Action by Chief, Commercial Wireless Division, WTB. Adopted: January 29, 1997. by Letter. (DA No. 97-192). WTB Internet URL: [15]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970192.txt NORTHERN MICHIGAN PCS CONSORTIUM L.L.C. Granted Northern Michigan's request for waiver of Secs. 24.720(f) and (g) of the FCC's rules to the extent that those rules require the submission of audited financial statements for the previous two years. Action by Chief, Commercial Wireless Division, WTB. Adopted: January 28, 1997. by Order. (DA No. 97-195). WTB Internet URL: [16]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970195.txt COMMUNICATIONS VENTURE PCS LTD. PARTNERSHIP. Granted Communications' request for waiver of Secs. 24.720(f) and (g) of
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- in these services. By Declaratory Ruling and Order. Action by Chief, Mass Media Bureau. Adopted: March 19, 1999. by Declaratory Ru Order. (DA No. 99-554). MMB Internet URL: [16]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da990554.wp WIRELESS II. Granted WII's request for a waiver of the Commission's Rules is granted to classify it as an LLC qualified to receive bidding credits as a small business under Section 24.720(b) of the Commission's Rules. Action by Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau. by Letter. (DA No. 99-555). WTB Internet URL: [17]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990555.wp CHILDREN'S MEDICAL CENTER DAYTON, OHIO. Granted Petition for Permanent Waiver for Special Emergency Radio Service Paging Facilities on 453.125 MHz in Dayton, Ohio area. Action by Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau.
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- 459 94 Id. 95 "Trends in Telephone Service" at Table 5.3. 96 See Amendment of Parts 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, 61 FR 33859 (July 1, 1996) (PCS Order); see also 47 C.F.R. § 24.720(b). 97 See PCS Order, 11 FCC Rcd 7824. 98 See, e.g., Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93- 253, Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994). 99 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14, 1997); see
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- at Table 5.3, page 5-5 (August 2003). This source uses data that are current as of December 31, 2001. 132 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850- 7852, paras. 57-60 (1996); see also 47 C.F.R. 24.720(b). 133 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7852, para. 60. 134 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration,
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- data that are current as of October 1, 2004. 330 Id. Table 5.3, page 5-5. 331 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. 24.720(b). 332 See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. 333 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. 334 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14,
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- contexts. Neither the Commission nor the SBA has developed a small business size standard ^82 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, 7850-52, paras. 57-60 (1996) (Broadband PCS Report and Order); see also 47 C.F.R. S 24.720(b). ^83 See Broadband PCS Report and Order, 11 FCC Rcd at 7852, para. 60. 84 See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, dated December 2, 1998. ^85 FCC News, Broadband PCS, D, E and F Block Auction Closes, No. 71744 (rel. Jan. 14,
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- Competition Bureau , Table 5.3 - Number of Telecommunications Service Providers that are Small Businesses (May 2002). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, paras. 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, para. 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
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- 2001). Id. The SBA size standard is that of Paging, 13 C.F.R. § 121.201, NAICS code 517211. See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 11 FCC Rcd 7824, ¶¶ 57-60 (1996); see also 47 C.F.R. § 24.720(b). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, Report and Order, 11 FCC Rcd 7824, ¶ 60 (1996). See Letter to Amy Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from A. Alvarez, Small Business Administration, dated December 2,
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- the FCC's decision that a bid price was insufficient but with the FCC's determination that the licensee was ineligible for a "pioneer's preference" and thus had to pay for its license. See id. at 1408-09. The case is inapposite. NextWave knew about the statutory criteria for approval before the bidding began. See 47 C.F.R. 310(b)(4) (1991); 47 C.F.R. 24.709, 24.712, 24.720 (1996). In the event, the only obstacle to closing encountered by NextWave was its own non-compliance with the foreign ownership requirements. NextWave's willingness to bid notwithstanding the undisputed fact that non-compliance would prevent delivery of the Licenses and compel NextWave to insure the government against a lower high bid at re-auction demonstrates that NextWave assumed the risk of its own