FCC Web Documents citing 24.839

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

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  • of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, FCC 00-313 (rel. Aug. 29, 2000) (Sixth Report and Order). The eligibility restriction discussed above would not apply to licensees that do not quality as ``entrepreneurs.'' Id. at ¶¶ 17-29. See 47 C.F.R. § 24.839(d). See Sixth Report and Order at ¶¶ 49-51. See generally Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Notice of Proposed Rule Making, FCC 00-274 (rel. Aug. 24, 2000) (Part 1 Fifth Report and Order). Under our
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  • defaulted on 10 licenses following Auction No. 34 (800 MHz Specialized Mobile Radio Service). See 47 U.S.C. § 309(j)(4)(F), (15)(B). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd 16,266, 16, 289-91 ¶¶ 46-51 (2000); 47 C.F.R. § 24.839(a)(6). See, e.g., Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17,503 (2004); id. Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20,604 (2003). See ``Regional Narrrowband PCS Spectrum
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  • licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. § 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. C/F Block Sixth Report and Order, ¶ 51; 47 C.F.R. § 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply at 5. See 47 C.F.R.
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  • filing on July 5, 2000. In response to the July 5th Public Notice, Leaco and Comanche jointly filed petitions to deny the applications for transfer of control to Royal and the applications for assignment to Southwest. Leaco and Comanche County argue generally that Royal and Southwest are not eligible to acquire C and F block PCS licenses pursuant to section 24.839 of the Commission's rules, and that Poka Lambro has retained a reversionary interest in the licenses proposed to be assigned to Southwest in violation of the Act. Discussion Statutory Authority Section 310(d) of the Act provides, in pertinent part, that ``[n]o construction permit, or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner,
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  • financing statements. In addition, all installment payments must be current on the consummation date. To be current, the installment payment may not be in the non-delinquency period or grace period, and there must be no outstanding fees, including late fees, due to the Commission. No license will be issued to the assignee until the Commission receives notification pursuant to section 24.839(b)(4) of the Commission's rules, 47 C.F.R. § 24.839(b)(4), that all conditions that must be met at or before consummation have been satisfied, including execution of the appropriate financing documents. Failure of the parties to the assignment to comply with any of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of
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  • financing statements. In addition, all installment payments must be current on the consummation date. To be current, the installment payment may not be in the non-delinquency period or grace period, and there must be no outstanding fees, including late fees, due to the Commission. No license will be issued to the assignee until the Commission receives notification pursuant to section 24.839(b)(4) of the Commission's rules, 47 C.F.R. § 24.839(b)(4), that all conditions that must be met at or before consummation have been satisfied, including execution of the appropriate financing documents. Failure of the parties to the assignment to comply with any of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of
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  • and EWV Holding: Eliska Investors I: Equity: 20 percent (Common Stock) Voting: 60 percent Powertel: Equity: 49.9 percent (Series A Preferred Stock) Voting: 24.95 percent Sonera Holding: Equity: 30.1 percent (Series B Preferred Stock) Voting: 15.05 percent III. DISCUSSION A. Eliska's Qualifications To Hold C Block PCS Licenses Eliska qualifies as the assignee of C block PCS licenses under section 24.839(a)(2) of the Commission's rules because it meets the eligibility criteria of section 24.709(a). Eliska certified in the Application that its gross revenues combined with those of its affiliates do not exceed $125 million in each of the last two years, and its total assets combined with those of its affiliates do not exceed $500 million at the time of the
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  • when issues regarding the licensee's basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. 2" See In re applications ofAirTouch Communications, Inc. and Vodafone Group, Pic, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413237 at ffl| 5-9 (WTB rel. June 22, 1999). 24 See 47 C.F.R. §§ 24.709, 24.839. 25 As discussed below, we defer WITCO's arguments relating to the proposed acquisition of VoiceStream by DT to IB Docket No. 00-187. 26 See VoiceStream/Omnipoint Order. 15 FCC Red at 3347-50, at ffl] 13-20; VoiceStream/Aerial Order, 15 FCC Red at 10,094-10,096, ffl| 10-16. 2' Section 8149 of the Defense Appropriations Act states: "[a]n Alaska Native regional corporation organized pursuant to
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  • interest in Madison SMSA Limited Partnership to an unrelated third party such that the consummation of the merger transaction will not violate 47 C.F.R. § 22.942. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§154(i) and (j), 309, and 310(d), and sections 0.331, 24.709 and 24.839 of the Commission's rules, 47 C.F.R. §§ 0.331, 24.709 and 24.839, that the grant of these applications is subject to the condition that, prior to consummating the merger transaction described in the applications, Chorus divest its F block PCS license to an unrelated third party such that the transaction(s) contemplated in the Joint Applications will not violate 47 C.F.R. §§
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  • benchmark. The Commission stated that permitting such assignments and transfers would encourage rapid build-out and service to the public, two objectives of Section 309(j) of the Communications Act of 1934, as amended, while at the same time providing C and F block PCS licensees with the ability to access capital. Carolina PCS points out that, while the Commission amended Section 24.839 to codify the new rule, it did not revise Section 24.714, the partitioning and disaggregation rule, to allow for a corresponding provision for partial assignments. Accordingly, Section 24.714 does not clearly permit partial assignments of C and F Block PCS spectrum to non-entrepreneurs where the construction benchmark has been met within the first five years. Carolina PCS asks the Commission
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  • NewComm's Board possesses authority and control over the determination and implementation of the Company's policies and business plan, including the budget, the filing of documents with the Commission, employment supervision, and dismissal of all personnel hired under the Management Agreement and the payment of all financial obligations and operating expenses. III. Discussion 10. In its petition, Centennial argues that Sections 24.839(d)(2) and 24.709(a)(3) of the Commission's rules, in effect at the time of the application, prevent grant of the assignment application because NewComm did not qualify as a designated entity at the time it was filed. Although Centennial's initial petition inquired into both de jure and de facto control, in its subsequent filings, Centennial concedes the issue of de jure control.
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  • the transaction and not to a particular application will be available through this file number. File No. 0000636248 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)(6). On October 17-18, 2001, the Commission announced modified procedures for parties wishing to hand-deliver, or deliver by overnight courier, documents to the FCC's Office of the Secretary. See Public Notice Nos. DA 01-2430, DA 01-2436 and DA 01-2451. Those modified filing procedures remain in effect. Footnote continued from previous page Footnote continued on next page - Non-Public - For
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  • Leap nor the commenting parties provided the Commission with any evidence that there is an industry-wide problem with complying with the construction requirements that would require such a blanket extension. Moreover, we find that revisiting the construction requirements for PCS or wireless licensees in general is beyond the scope of this proceeding. Continued Restrictions on C-Block and F-Block Licenses Section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of C- and F-block broadband PCS licenses unless certain conditions are met, including the filing of the application for assignment or transfer of control no sooner than five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction
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  • is a corporation whose sole stockholder is Mark J. Kington (``Kington''). Each Assignee's limited partner, which holds 85 percent of the equity interests, is USCC Wireless Investment, Inc., a wholly-owned subsidiary of United States Cellular Corporation (``USCC''). 3. In its Petition, Consumers Alliance alleges that the Assignees are not eligible to acquire C and F block PCS licenses under section 24.839 of the Commission's rules. On September 6, 2001, Assignees filed an Opposition to Petition for Investigation, and on September 26, 2001, Consumers Alliance filed a Reply to Opposition to Petition for Investigation (``Reply''). III. DISCUSSION 4. As an initial matter, we note that while Consumers Alliance titles its pleading a ``Petition for Investigation,'' it is in substance a petition to
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  • an indirect controlling interest in PCS Wisconsin, LLC, the Madison, Wisconsin personal communications service (PCS) F block licensee, and an 18 percent interest in Madison SMSA Limited Partnership, the Madison, Wisconsin MSA wireline cellular licensee. Chorus states that TDS would be precluded from acquiring both interests pursuant to the Commission's transfer eligibility and cellular cross-ownership rules. See 47 C.F.R. §§ 24.839, 22.942. As a result, Chorus states that it will divest those interests prior to the closing of the instant transaction. On January 26, 2001, Chorus filed an application seeking Commission consent to the transfer of control of Paging and Radiotelephone Service station WNXZ739, and a request for special temporary authority (``STA'') to operate station WNXZ739 pending Commission processing of the
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  • meet any of these construction benchmarks will result in automatic termination of the particular license as of the new construction deadline. Finally, as we have done with other extensions of time to meet the construction requirements, we extend the restrictions on broadband PCS C-block licenses that were intended to coincide with the completion of the five-year construction requirement. Specifically, section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of C-block broadband PCS licenses unless the filing of the application for assignment or transfer of control occurs five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the
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  • meet either of these construction benchmarks will result in automatic termination of the particular license as of the new construction deadline. Finally, as we have done with other extensions of time to meet the construction requirements, we extend the restrictions on broadband PCS F-block licenses that were intended to coincide with the completion of the five-year construction requirement. Specifically, section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of F-block broadband PCS licenses unless the filing of the application for assignment or transfer of control occurs five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the
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  • meet either of these construction benchmarks will result in automatic termination of the particular license as of the new construction deadline. Finally, as we have done with other extensions of time to meet the construction requirements, we extend the restrictions on broadband PCS F-block licenses that were intended to coincide with the completion of the five-year construction requirement. Specifically, section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of F-block broadband PCS licenses unless the filing of the application for assignment or transfer of control occurs five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the
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  • application is identical to Exhibit A of lead application File No. 0001056309; therefore, Exhibit A to this application has not been scanned into ULS. See supra note 9. See File Nos. 0001053809, 0001053817, 0001053811 (assigning licenses from Lewis and Clark, Royal, and Southwest to AWP); see also Assignment Applications from Third Parties to AWP, supra Section I. 47 C.F.R. § 24.839(a). See id. § 24.839(a)(6). See 47 C.F.R. § 1.2111(c), (d). See 47 U.S.C. § 309(b). 47 C.F.R. § 1.1200(a). See id. § 1.1206. 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
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  • and petition for declaratory ruling only). -FCC- 47 U.S.C. §§ 214, 310(d). Id. § 310(b)(4). File No. 0001049003 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)(6). See 47 U.S.C. § 309(b). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel. Dec. 14, 2001). See Electronic Filing of Documents
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  • Inlet/VS GSM IV PCS, LLC (``CIVS IV'') has filed an application seeking Commission consent to the pro forma assignment of four broadband PCS licenses to Cook Inlet/VS GSM VI PCS, LLC (``CIVS VI''). See File No. 0000757150. Because the five-year construction requirements have not been met for these four licenses, they cannot be transferred to VoiceStream. See 47 C.F.R. § 24.839(a)(6). Accordingly, CIVS IV states that prior to consummation of the transfers of control to VoiceStream, it will assign the four licenses to CIVS VI. The parties state that CIVS VI, a newly created subsidiary, has an identical ownership structure as CIVS IV. CIVS VI has petitioned the Commission to issue a declaratory ruling that the proposed level of indirect foreign
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  • and their affiliates, have had gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time the applicant's short-form application (Form 175) is filed. (2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or
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  • and their affiliates, have had gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time the applicant's short-form application (Form 175) is filed. (2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or
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  • Communications, Inc. and Vodafone Group, Plc., Memorandum Opinion and Order, 14 FCC Rcd. 9430, 9434 ¶ 9 (WTB 1999). The parties state that no changes have occurred in Verizon Wireless' foreign ownership since the Commission's these rulings. See Lead Application, Exhibit 1, at 2. Accordingly, we find that the applications raise no new foreign ownership issues. See 47 C.F.R. § 24.839(a). 47 C.F.R. § 24.203(c). See 47 C.F.R. § 24.839(a)(6). See 47 C.F.R. § 1.2111(c); Lead Application, Exhibit 1, at 4. No repayment of bidding credits is due on these licenses because the licenses were granted more than five years ago. See 47 C.F.R. § 1.2111(d). See 47 C.F.R. § 1.2111(d); Lead Application, Exhibit 1, at 4. Lead Application, Exhibit 1,
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  • Communications, Inc. and Vodafone Group, Plc., Memorandum Opinion and Order, 14 FCC Rcd. 9430, 9434 ¶ 9 (WTB 1999). The parties state that no changes have occurred in Verizon Wireless' foreign ownership since the Commission's these rulings. See Lead Application, Exhibit 1, at 2. Accordingly, we find that the applications raise no new foreign ownership issues. See 47 C.F.R. § 24.839(a). 47 C.F.R. § 24.203(c). See 47 C.F.R. § 24.839(a)(6). See 47 C.F.R. § 1.2111(c); Lead Application, Exhibit 1, at 4. No repayment of bidding credits is due on these licenses because the licenses were granted more than five years ago. See 47 C.F.R. § 1.2111(d). See 47 C.F.R. § 1.2111(d); Lead Application, Exhibit 1, at 4. Lead Application, Exhibit 1,
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  • ULS electronic filing requirement, pursuant to section 1.913(b) of the Commission's rules. 47 C.F.R. § 1.913(b). We grant the parties' request for waiver of the ULS filing requirement. See File Nos. 0001254000, 0001253983, 0001253977 (assigning licenses from ABC, Skagit and Arnage to AWP); see also Applications to Assign Licenses from Third Parties to AWP, supra Section A. 47 C.F.R. § 24.839(a), (a)(6). See 47 C.F.R. § 1.2111. 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).
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  • Bureau, at (202) 418-0660. -FCC- 47 U.S.C. § 310(d). File No. 0001138909 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. See File Nos. 0001138904, 0001138905, 0001138909. 47 C.F.R. § 24.839(a). See id. § 24.839(a)(6). See 47 C.F.R. § 1.2111(c), (d). See 47 U.S.C. § 309(b). 47 C.F.R. § 1.1200(a). See id. § 1.1206. 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
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  • Alaska Native Wireless until March 25, 2003, when it transferred this interest to ANW Management. File No. 0001184495 has been designated as the lead application in this transaction, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application will be available through this file number. 47 C.F.R. § 24.839(a), (a)(2). See 47 C.F.R. §§ 1.2110(f)(2)(ii), 24.712(b), 24.717(b), 24.720(b)(2). See 47 U.S.C. § 309(b). See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, DA 01-2919 (rel.
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  • from NextWave Personal Communications Inc., Debtor-in-Possession, and NextWave Power Partners Inc., Debtor-in-Possession, respectively. 47 U.S.C. § 310(d). ULS File No. 0001461949 has been designated as the lead application, 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)(6). 47 C.F.R. §§ 1.2111, 24.714. 47 C.F.R. § 24.714(c)(2)(ii). 47 C.F.R. §§ 1.2111(c), (d). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, WT Docket No. 97-82, 15 FCC Rcd. 15,293, 15,315, ¶ 37. See
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  • ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment . . . if filed after five years from the date of the initial license grant,'' 47 C.F.R. § 24.839(a)(1), ``[t]he propsed assignee . . . meets the eligibility criteria of or it hold other licenses for frequency blocks C and F,'' id. § 24.839(a)(2), and ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' id.
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  • 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. See ULS File Nos. 0001147624, 0001147643, 0001147639, 0001148062, and 0001148051 (assigning licenses from QuinCom, Inc., TeleCorp Holding Corp. II, LLC, Tritel C/F Holding Corp., Meriwether, and Skagit to subsidiaries of Cingular). 47 C.F.R. § 24.839(a)(6). See, e.g., 47 C.F.R. § 1.2111(c). 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 Public Notice, ``FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence,'' DA 01-2919 (rel. Dec. 14, 2001).
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  • ensure buildout by the qualifying DE. Therefore, because we are granting NextWave's tolling request--which will extend the five-year buildout requirements--we are likewise extending the corresponding DE holding period for the Licenses for the same amount of time: 703 days. Consequently, any request by NextWave to transfer a License within the tolling period must comply with the transfer restrictions under Section 24.839 of the Commission's rules. 10. By virtue of the relief granted to NextWave, NY Telecom's challenge of NextWave's construction notification filings is premature, and we therefore dismiss NY Telecom's request that the Licenses be ``revoked and reauctioned.'' We otherwise deny NY Telecom's request for public comment. Despite NY Telecom's arguments to the contrary, seeking public comment on construction extension requests
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  • set-aside licenses included in the proposed transaction or the licenses automatically cancelled for failure to meet the construction requirements set forth in section 24.203 of the Commission's rules. Therefore, Leap DIP may now assign, upon Commission consent, the active and constructed set-aside licenses to New Leap without a finding that New Leap is an entrepreneur or a waiver of section 24.839 of the Commission's rules. The Assignment Applications also include twelve licenses acquired by Leap that remain in the Commission's installment financing program. These licenses were eligible to be paid for in installments because the bidders who won them at auction qualified as either a small or very small business. With respect to broadband PCS licenses, an entity will be considered
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  • PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd. 5,532, 5,581-82, ¶ 115 (1994) (``Competitive Bidding Fifth Report and Order''). See also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd. 403, 420-21, ¶¶ 28-30 (1994) (``Competitive Bidding Fifth Memorandum Opinion and Order''). 47 C.F.R. § 24.839(a)(1). See Competitive Bidding Fifth Report and Order at 5585, 5588, ¶¶ 121, 128. The five-year holding period was later modified to allow the transfer of control or assignment of the C and F block licenses prior to the five-year mark to entities that did not qualify as entrepreneurs if the licensee had met the five-year construction requirement for the license.
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  • S.D.N.Y.). The bankruptcy court's order is included as an exhibit to the applications. ULS File No. 000138332 has been designated as the lead application, 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 in ULS at http://wireless.fcc.gov/uls/. 47 C.F.R. § 24.839(a)(6). See Order Granting Motion Pursuant to Section 363 of the bankruptcy Code and Federal Rules of Bankruptcy Procedure 2002, 6004 and 9019 Approving Settlement and Releases, rel. May 25, 2004, Case No 98 B 21529 (B. Ct. S.D.N.Y.), at Exhibit 1. 47 C.F.R. § 1.1200(a). Id. § 1.1206. See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15
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  • clear of liens and encumbrances). See In re Urban Communicators PCS Ltd. Partnership, et al., Nos. 98 B 47996, 98 B 479977, 98 B 10086 (REG) (Bankr. S.D.N.Y. Dec. 1, 2004) (approving terms and conditions of the proposed stock purchase agreement, break-up fee, non-solicitation covenant, good faith deposit terms and conditions, and termination fee terms and conditions). 47 C.F.R. § 24.839(a)(6). See In re Urban Communicators PCS Ltd. Partnership, et al., Nos. 98 B 47996, 98 B 479977, 98 B 10086 (REG) (Bankr. S.D.N.Y. Apr. 4, 2005) (approving and authorizing terms and conditions of the proposed settlement agreement with the Commission). 47 C.F.R. §§ 1.1206(b), 24.714. 47 C.F.R. § 1.1200(a). Id. § 1.1206. See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose
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  • questions. Instead, the Debtors state that they were relying on prior representations regarding the construction status of these two licenses made in Form 603 applications signed by Broz and filed with the Commission on September 4, 2003. The Alpine Petitioners are incorrect in their allegation that these licenses cannot be transferred to Calcutt, as the court-appointed receiver. Pursuant to section 24.839(a) of the Commission's rules, ``[n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding . . . will be granted unless . . . [t]he application is for an involuntary assignment or transfer of control to . . . an independent receiver appointed by a court of competent jurisdiction
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  • 15, 2005). Petition to Deny, filed by Alpine PCS, Inc. and Alpine Operating, LLC (Sept. 16, 2004) (``Petition''). See 47 U.S.C. § 310(d). 11 U.S.C. §§ 1101 et seq. Application Assigning Licenses from Alpine-Fresno C, LLC to Alpine-Fresno C, LLC, Debtor-in-Possession, File No. 0001440052, Exhibit A at 1 (filed Sept. 4, 2003) (``DIP Application''). See 47 C.F.R. §§ 1.948(c)(2), (g), 24.839(a)(4). See DIP Application at 1. See Wireless Telecommunications Bureau Assignment of Authorization and Transfer of Control Applications Action, Public Notice, Report No. 1631 (rel. Oct. 8, 2003). In re: Robert F. Broz, No. ND 03-12189-RR (Bankr. Ct. Cent. D. Ca. Jan. 8, 2004), available at Joint Opposition, filed by Cricket Licensee (Reauction), Inc. and Alpine-Fresno C, LLC, at Exhibit A
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  • Alpine-Michigan E, LLC to Alpine-Michigan E, LLC, Debtor-in-Possession, File No. 0001440082 (filed Sept. 4, 2003); Application Assigning Licenses from Alpine-Michigan F, LLC to Alpine-Michigan F, LLC, Debtor-in-Possession, File No. 0001440104 (filed Sept. 4, 2003); Application Assigning Licenses from RFB Cellular, Inc. to RFB Cellular, Inc., Debtor-in-Possession, File No. 0001440130 (filed Sept. 4, 2003) (``DIP Applications''). 47 C.F.R. §§ 1.948(c)(2), (g), 24.839(a)(4). See DIP Applications at 1. Wireless Telecommunications Bureau Assignment of Authorization and Transfer of Control Applications Action, Public Notice, Report No. 1631 (rel. Oct. 8, 2003). In re: Robert F. Broz, No. ND 03-12189-RR (Bankr. Ct. Cent. D. Ca. Jan. 8, 2004); Motion to Strike at 3. See CoBank, ACB v. RFB Cellular, Inc., et al., Order Appointing Receiver, File
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  • file the construction notifications would invalidate the waivers granted today for that licensee. In that case, the license(s) will have automatically terminated as of the June 30, 2004 construction deadline. Finally, as with other construction extension requests, we extend the restrictions on broadband PCS C-block licenses that are linked to the completion of the five-year construction requirement. Specifically, under section 24.839(a) of the Commission's rules, applications for assignment or transfer of control will not be granted unless certain conditions are met, including that the application may not be filed sooner than five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of
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  • file the construction notifications would invalidate the waivers granted today for that licensee. In that case, the license(s) will have automatically terminated as of the June 30, 2004 construction deadline. Finally, as with other construction extension requests, we extend the restrictions on broadband PCS C-block licenses that are linked to the completion of the five-year construction requirement. Specifically, under section 24.839(a) of the Commission's rules, applications for assignment or transfer of control will not be granted unless certain conditions are met, including that the application may not be filed sooner than five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of
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  • File No. 0001853571 (filed Aug. 27, 2004); Cricket Licensee (Reauction), Inc. Ownership Report (FCC Form 602) (filed Apr. 15, 2005). 11 U.S.C. §§ 1101 et seq. See Exhibit A to Application Assigning License from Alpine-Fresno C, LLC to Alpine-Fresno C, LLC, Debtor-in-Possession, File No. 0001440052 (filed Sept. 4, 2003) (``Fresno DIP Application'') at 1. See 47 C.F.R. §§ 1.948(c)(2), (g), 24.839(a)(4). See Fresno DIP Application, supra note 5, Exhibit A at 1. See Wireless Telecommunications Bureau Assignment of Authorization and Transfer of Control Applications Action, Public Notice, Report No. 1631 (rel. Oct. 8, 2003). In re: Robert F. Broz, No. ND 03-12189-RR (Bankr. Ct. Cent. D. Ca. Jan. 8, 2004), available at Joint Opposition, filed by Cricket Licensee (Reauction), Inc. and
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  • Alpine-Michigan E, LLC to Alpine-Michigan E, LLC, Debtor-in-Possession, File No. 0001440082 (filed Sept. 4, 2003); Application Assigning Licenses from Alpine-Michigan F, LLC to Alpine-Michigan F, LLC, Debtor-in-Possession, File No. 0001440104 (filed Sept. 4, 2003); Application Assigning Licenses from RFB Cellular, Inc. to RFB Cellular, Inc., Debtor-in-Possession, File No. 0001440130 (filed Sept. 4, 2003) (``DIP Applications''). 47 C.F.R. §§ 1.948(c)(2), (g), 24.839(a)(4). See Exhibit A to each DIP Application at 1. Wireless Telecommunications Bureau Assignment of Authorization and Transfer of Control Applications Action, Public Notice, Report No. 1631 (rel. Oct. 8, 2003). In re: Robert F. Broz, No. ND 03-12189-RR (Bankr. Ct. Cent. D. Ca. Jan. 8, 2004), available at Joint Opposition, filed by Cricket Licensee (Reauction), Inc. and Alpine-Fresno C, LLC
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  • ¶¶ 17-24 (2000) (``C/F Block Sixth Report and Order''). The Commission also eliminated bidding credits in closed bidding. Id. at 16,288 ¶ 45. C/F Block Sixth Report and Order, 15 FCC Rcd at 16,273-75 ¶¶ 12-15. Id. at 16,276 ¶ 18. Only Tier 2 licenses will be offered in Auction 78. Id. at 16,276-77 ¶ 20. See 47 C.F.R. § 24.839. The assignment or transfer of control of entrepreneur-only C and F block licenses within the first five years of the initial license grant to entities that do not qualify as entrepreneurs can occur if the licensee has first met the five-year construction requirement for that license. Id. The Commission also adopted open bidding for all F block licenses. C/F Block
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  • radio spectrum are made available and licensed for personal communications services (PCS). Subpart I sets forth rules governing the submission of applications for broadband PCS licenses. Need: These rules establish restrictions on assignments and transfers of control of licenses for frequency blocks C and F. Legal Basis: 47 U.S.C. 154, 301, 303, 308, 309 and 332. Section Number and Title: 24.839(a)(1) and (2) Transfer of control or assignment of license. PART 52-NUMBERING SUBPART C-NUMBER PORTABILITY Brief Description: Section 52.33 permits incumbent local exchange carriers to file tariffs with the Commission establishing a monthly number-portability charge, a number-portability query- service charge, and a number-portability query/administration charge, to recover carrier specific costs directly related to providing long-term number portability. The rule also allows
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  • C or Block F won in closed bidding can be assigned or transferred unless the application for assignment or transfer of control is filed on or after the date the initial licensee has notified the Commission that it has met its five-year construction build-out requirement. Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332. Section Number and Title: 24.839(a)(6) Transfer of control or assignment of license. PART 27-MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES SUBPART A-GENERAL INFORMATION Brief Description: Part 27 contains the Commission rules relating to miscellaneous wireless communications services (WCS), specifically, the conditions under which spectrum is made available and licensed for the provision of wireless communications services in the 2305-2320 MHz and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and
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  • with a cross-reference to the new Part 1 unjust enrichment rule, 47 C.F.R. § 1.2111. 35. Discussion. NextWave seeks clarification regarding the application of the revised unjust enrichment rules for bidding credits (Section 1.2111(d) of the Commission's rules) and the broadband PCS entrepreneurs' block prohibition on assignments and transfers to non-entrepreneurs during the first five years of initial licensing (Section 24.839 of the Commission's rules). As a practical matter, under the Part 1 rules as modified in the Part 1 Third Report and Order, bidding credit unjust enrichment payments are not required for assignments or transfers of control of C and F block licenses to non-entrepreneurs because, as NextWave points out, Section 24.839 bars such assignments or transfers until five years
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  • of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, FCC 00-313 (rel. Aug. 29, 2000) (Sixth Report and Order). The eligibility restriction discussed above would not apply to licensees that do not quality as ``entrepreneurs.'' Id. at ¶¶ 17-29. See 47 C.F.R. § 24.839(d). See Sixth Report and Order at ¶¶ 49-51. See generally Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Notice of Proposed Rule Making, FCC 00-274 (rel. Aug. 24, 2000) (Part 1 Fifth Report and Order). Under our
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  • at 21848, ¶ 27. Id. at 21851-2, ¶¶ 31-32. Id. Id. at 21843, ¶ 13. Broadband PCS Memorandum Opinion and Order, 9 FCC Rcd. at 4985 ¶ 69; 47 C.F.R. § 24.229(c) (1996). Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21858, ¶ 46. Id. at 21861, ¶ 53. Id. Id. at 21862, ¶ 54. 47 C.F.R. § 24.839(a). 47 C.F.R. § 1.2111(a). Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21843-21845. Id. Id. at 21843, ¶ 14. AT&T Opposition at 2 (citing Competitive Bidding Fifth Report and Order, 9 FCC Rcd. at 5597-99). AT&T Opposition at 2; U.S. West Opposition at Attachment, p. 7. Broadband PCS Memorandum Opinion and Order, 9 FCC Rcd. at 4988, ¶¶
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  • Nov. 30 Ex Parte Letter at 2; Senator Hollings Comments at 5-6. We note that these comments do not address the alternative VoiceStream-Powertel transaction specifically. See VoiceStream/CIRI Order, 15 FCC Rcd at 24695, para. 8 (citing VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347-50, paras. 13-20; VoiceStream/Aerial Order, 15 FCC Rcd at 10094-96, paras. 10-16). See 47 C.F.R. §§ 1.2110, 24.709, 24.839. We note that, in making arguments about the negative impact of the proposed transfers of control to DT generally, UTStarcom raises specific concerns with the transfer of control of C and F block PCS licenses to DT. UTStarcom Comments at 1. See VoiceStream/CIRI Order, 15 FCC Rcd at 24697-98, para. 13. Pub. L. No. 106-259, § 8149, 114 Stat. 656
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  • in broadband PCS, cellular, and/or SMR licensees that conflict with the attribution threshold or geographic overlap limitations set forth in this section will be considered to have come into compliance if they have submitted to the Commission an application for assignment of license or transfer of control of the conflicting licensee (see Sec. 1.948 of this chapter; see also Sec. 24.839 of this chapter (PCS)) by which, if granted, such parties no longer would have an attributable interest in the conflicting license. Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose
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  • the spectrum lessee as well. (4) Designated entity/entrepreneur rules. A licensee that holds a license pursuant to small business and/or entrepreneur provisions (see § 1.2110 of this part and § 24.709 of this chapter) and continues to be subject to unjust enrichment requirements (see § 1.2111 of this part and § 24.714 of this chapter) and/or transfer restrictions (see § 24.839 of this chapter) may enter into a spectrum manager leasing arrangement with a spectrum lessee so long as doing so does not result in the spectrum lessee becoming a ``controlling interest'' (see § 1.2110(c)(2) of this part) or affiliate (see § 1.2110(c)(5) of this part) of the licensee such that the licensee would lose its eligibility as a small business
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  • the spectrum lessee as well. (4) Designated entity/entrepreneur rules. A licensee that holds a license pursuant to small business and/or entrepreneur provisions (see § 1.2110 of this part and § 24.709 of this chapter) and continues to be subject to unjust enrichment requirements (see § 1.2111 of this part and § 24.714 of this chapter) and/or transfer restrictions (see § 24.839 of this chapter) may enter into a spectrum manager leasing arrangement with a spectrum lessee so long as doing so does not result in the spectrum lessee becoming a ``controlling interest'' (see § 1.2110(c)(2) of this part) or affiliate (see § 1.2110(c)(5) of this part) of the licensee such that the licensee would lose its eligibility as a small business
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  • explained that existing restricted C/F block licensees were not required to restructure their businesses to comply with the controlling interest standard in order to remain licensees. Similarly, with respect to transfers of control and assignments, those licensees may continue to acquire C/F block licenses within the first five years of license grant consistent with the anti-trafficking provisions contained in section 24.839 of the Commission's rules. In the Part 1 Fifth Report and Order, the Commission explained that other entities, however, were precluded from being assignees and transferees of restricted C/F block licenses within the first five years of license grant unless they qualified for the licenses based on the attribution rules in effect at the time of assignment or transfer. Subsequently,
• 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
  • (see § 1.2112), either as a licensee or a spectrum lessee, and that could be used by the assignee or transferee to provide interconnected mobile voice and/or data services; The licensee is not a designated entity or entrepreneur subject to unjust enrichment requirements and/or transfer restrictions under applicable Commission rules (see §§ 1.2110 and 1.2111, and §§ 24.709, 24.714, and 24.839 of this chapter); and, The assignment or transfer of control does not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules, and there is no pending issue as to whether the license is subject to revocation, cancellation, or termination by the Commission. Provided that the application establishes that it meets all of the requisite elements to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-249A1.txt
  • Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd. 16266 (2000) (``C/F Block Sixth Report and Order''). Id. at 16275-80 ¶¶ 17-24. The Commission also eliminated bidding credits in closed bidding. Id. at 16288 ¶ 45. Id. at 16273-75 ¶¶ 12-15. Id. at 16276 ¶ 18. Id. at 16276-77 ¶ 20. See 47 C.F.R. § 24.839. The assignment or transfer of control of C and F block licenses within the first five years of the initial license grant to entities that do not qualify as entrepreneurs can occur if the licensee has first met the five-year construction requirement for that license. Id. The Commission also adopted open bidding for all F block licenses. C/F Block Sixth
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.txt
  • defaulted on 10 licenses following Auction No. 34 (800 MHz Specialized Mobile Radio Service). See 47 U.S.C. § 309(j)(4)(F), (15)(B). See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd 16,266, 16, 289-91 ¶¶ 46-51 (2000); 47 C.F.R. § 24.839(a)(6). See, e.g., Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17,503 (2004); id. Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20,604 (2003). See ``Regional Narrrowband PCS Spectrum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.txt
  • Mobile Radio Service). See 47 U.S.C. § 309(j)(4)(F), (15)(B). T-Mobile Comments at 7. Id. at 2-4. Verizon Comments at 4. Id. See Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, 15 FCC Rcd 16,266, 16,289-91 ¶¶ 46-51 (2000); 47 C.F.R. § 24.839(a)(6). See, e.g., Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17,503 (2004); id. Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20,604 (2003). When it does not appear
• 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
  • or total assets above the financial caps established in section 24.709. After build-out or the first five years of the license term, broadband PCS entrepreneurs that are participating in the installment payment plan and enter into impermissible or attributable material relationships will be subject to installment payment unjust enrichment pursuant to section 1.2111(c). See 47 C.F.R. §§ 1.2110, 1.2111, 24.709, 24.839. See Secondary Markets Second Report and Order, 19 FCC Rcd at 17538, 17541, 17544 ¶¶ 71, 76, 82. For example, if an applicant seeking to participate in an upcoming auction has an existing impermissible material relationship on a single license, it will be ineligible for the award of designated entity benefits in that auction, regardless of the significance of that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-116A1.txt
  • 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 13 FCC Rcd 21027, 21079 ¶ 112-13 (1998) (``ULS Order''). Specifically, the following service-specific rules were removed: Sections 1.924, 22.137, 22.944, 24.439, 24.839, 26.319, 26.324, 27.306, 27.324, 80.56, 87.31, 87.33, 90.153, 95.109, 95.111, 95.821, 101.53, and 101.55. See ULS Order, 13 FCC Rcd at Appendix F. H.R. Rep. No. 103-111 at 257 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 584 (``H.R. Rep. No. 103-111''). Id. Only where the participation in any competitive bidding situation is limited by the Commission are the anti-trafficking restrictions necessary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-116A1_Rcd.pdf
  • 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, Report and Order, WT Docket No. 98-20, 13 FCC Rcd 21027, 21079 ¶ 112-13 (1998) ("ULS Order"). Specifically, the following service-specific rules were removed: Sections 1.924, 22.137, 22.944, 24.439, 24.839, 26.319, 26.324, 27.306, 27.324, 80.56, 87.31, 87.33, 90.153, 95.109, 95.111, 95.821, 101.53, and 101.55. See ULS Order, 13 FCC Rcd at Appendix F. 532H.R. REP.NO.103-111 at 257 (1993), reprinted in 1993 U.S.C.C.A.N. 378, 584 ("H.R. REP.NO.103-111"). 8768 Federal Communications Commission FCC 10-116 that "[i]n the system of open competitive bidding, trafficking in licenses should be minimal, since the winning bidder
• http://transition.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • Ex Parte Letter at 2; Senator Hollings Comments at 5-6. We note that these comments do not address the alternative VoiceStream-Powertel transaction specifically. 104 See VoiceStream/CIRI Order, 15 FCC Rcd at 24695, para. 8 (citing VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347-50, paras. 13-20; VoiceStream/Aerial Order, 15 FCC Rcd at 10094-96, paras. 10-16). 105 See 47 C.F.R. §§ 1.2110, 24.709, 24.839. We note that, in making arguments about the negative impact of the proposed transfers of control to DT generally, UTStarcom raises specific concerns with the transfer of control of C and F block PCS licenses to DT. UTStarcom Comments at 1. 106 See VoiceStream/CIRI Order, 15 FCC Rcd at 24697-98, para. 13. 107 Pub. L. No. 106-259, § 8149, 114
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • environment, where the winning Federal Communications Commission FCC 98-57 after July 1, 1997. See Auction NPRM ¶¶ 39-41. Were the Commission to subsequently reach a different conclusion, we would need to reevaluate whether the "no profit" rule should continue to apply to the assignment and transfer of low power TV and TV translator stations. 45 See e.g. 47 C.F.R. § 24.839. 46 See Section 3002(a)(1)(A)(2)(C), Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251. 47 We note that a proceeding is pending to develop comparative criteria to select among mutually exclusive noncommercial station applicants. See Reexamination of the Comparative Standards for New Noncommercial Educational Applicants, Notice of Proposed Rule Making, 10 FCC Rcd 2877 (1995). Such applicants are
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • the previous use of the same, whether by license or otherwise." 47 U.S.C. § 304. 52 See Trafficking Report and Order, 52 RR 2d at 1083. 53 Bill Welch, 3 FCC Rcd 6502 (1988). 54 See Notice, 13 FCC Rcd at 11360-11361 (¶ 26, n 44); see also Auction Order, 13 FCC Rcd 15920. 55 See, e.g., 47 C.F.R. § 24.839. 14 reimbursement of expenses.49 The no profit rule was intended "to preclude trafficking in construction permits for unbuilt stations by barring the use of such permits as a means of obtaining financial gain from their transfer before the original grantee builds and operates the station."50 The rule afforded the Commission a means to ensure an applicant held a bona fide
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • station, a change Federal Communications Commission FCC 98-25 47 C.F.R. § 101.63. This proposal, if adopted, will codify the processing practice as it currently exists in 98 which licensees failing to construct a granted modification must file a further modification application to return the license to its pre-grant status. 47 U.S.C. § 310(d). 99 See, e.g., 47 C.F.R. §§ 22.137, 24.839, 26.324, 27.324. 100 See, e.g., 47 C.F.R. §§ 80.29, 87.31, 90.153, 101.53. 101 Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the 102 Communications Act Regarding Non-Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers, Memorandum Opinion and Order, FCC 98-18 (rel. Feb. 4, 1998). Id. at para. 32 -36. 103 Id. at para.
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.doc http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.txt
  • First Report and Order, 14 FCC Rcd 12 (1998); In the Matter of Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them and Examination of Exclusivity and Frequency Assignments Policies of the Private Land Mobile Services, Second Report and Order, 12 FCC Rcd 14307. See 47 C.F.R. § 24.839. See 47 C.F.R. § 1.2111(d). See 47 U.S.C. § 309(j)(4)(E). These licensees are Orbital Communications Corp., Volunteers in Technical Assistance Inc., Final Analysis Communications, E-SAT Inc., and LEO One USA Corp. See Orbital Communications Corporation, Order and Authorization, 13 FCC Rcd 10828 (Int. Bur. 1998); Volunteers in Technical Assistance, Order and Authorization, 13 FCC Rcd 10845 (Int. Bur. 1998); Final
• http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, FCC 00-313 (rel. Aug. 29, 2000) (Sixth Report and Order). The eligibility restriction discussed above would not apply to licensees that do not quality as ``entrepreneurs.'' Id. at ¶¶ 17-29. See 47 C.F.R. § 24.839(d). See Sixth Report and Order at ¶¶ 49-51. See generally Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Notice of Proposed Rule Making, FCC 00-274 (rel. Aug. 24, 2000) (Part 1 Fifth Report and Order). Under our
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
  • Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Sixth Report and Order, including the
• http://transition.fcc.gov/Reports/nextel_settlement_agreement.pdf http://transition.fcc.gov/Reports/nextel_settlement_agreement.txt
  • together with NextWave's relinquishment of any and all claims to the spectrum identified by the Designated License and to the Designated License. b. To the extent NextWave would be relieved of any transfer of control or assignment of license restrictions with respect to a Designated License under the Rules of the Commission, including but not limited to 47 C.F.R. § 24.839, after five (5) years from the date of the initial license grant, this five-year period is tolled from September 17, 2001, and the tolling period shall end only (i) upon a breach of this Agreement by NextWave, (ii) upon termination of this Agreement, or (iii) in the event of the entry of a judicial order barring the surrender and return
• http://wireless.fcc.gov/auctions/04/releases/fcc96287.pdf http://wireless.fcc.gov/auctions/04/releases/fcc96287.txt http://wireless.fcc.gov/auctions/04/releases/fcc96287.wp
  • here are part of a multi-proceeding effort to implement the Communication Act's mandate to identify and eliminate market entry barriers for entrepreneurs and small businesses in the provision and ownership of telecommunications 36 Competitive Bidding Fifth Report and Order , 9 FCC Rcd at 5587-88, ¶ 127. 37 Id. at 5588-89, ¶¶ 128-129. 38 Id . 39 47 C.F.R. § 24.839(d). See D, E, and F Block Report and Order at ¶¶ 83-85. 9 Federal Communications Commission FCC 96-287 services.40 In this regard, the Commission also has recently issued a Notice of Inquiry seeking evidence of current and past discrimination experienced by small businesses and businesses owned by women and minorities or by individual women and minorities.41 Changing our partitioning and
• http://wireless.fcc.gov/auctions/04/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/04/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/04/releases/fmoo4285.wp
  • filed Aug. 10, 1994, at 2. See e.g. BellSouth ex parte comments, filed Sept. 14, 1994, at 2; Pac Tel ex parte comments, 219 filed Oct. 19, 1994, at 5-6. A "right of first refusal" is an agreement between parties which grants an investor the right to 220 match a purchase offer from a third party. See 47 C.F.R. § 24.839 (d) (restrictions on assignment or transfer of control of C and F block 221 licensees). In any event, the Commission would have to approve any sale or transfer that would result from a noncontrolling investor exercising a right of first refusal. See The Marshall Company ex parte comments, filed Oct. 6, 1994, at 1. 222 50 regarding the treatment of
• http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
  • at the time the application is filed, the applicant (or person holding an interest in the applicant) is an individual and he or she (or affiliates) has $100 million or greater in personal net worth at the time the applicant's short-form (Form 175) application is filed. (3) Any licensee awarded a license pursuant to this section (or pursuant to § 24.839(d)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that increased gross revenues, increased total assets or personal net worth due to non-attributable equity investments (i.e., from sources whose revenues, total assets and personal net worth are not considered under paragraph (b)(4) of this section), debt financing, revenue from operations, business development
• http://wireless.fcc.gov/auctions/05/releases/da012175.doc http://wireless.fcc.gov/auctions/05/releases/da012175.pdf http://wireless.fcc.gov/auctions/05/releases/da012175.txt
  • benchmark. The Commission stated that permitting such assignments and transfers would encourage rapid build-out and service to the public, two objectives of Section 309(j) of the Communications Act of 1934, as amended, while at the same time providing C and F block PCS licensees with the ability to access capital. Carolina PCS points out that, while the Commission amended Section 24.839 to codify the new rule, it did not revise Section 24.714, the partitioning and disaggregation rule, to allow for a corresponding provision for partial assignments. Accordingly, Section 24.714 does not clearly permit partial assignments of C and F Block PCS spectrum to non-entrepreneurs where the construction benchmark has been met within the first five years. Carolina PCS asks the Commission
• http://wireless.fcc.gov/auctions/05/releases/da012421.pdf http://wireless.fcc.gov/auctions/05/releases/da012421.txt
  • Plan" of the Management Agreement). 37 Id. (modifying Section 3.3, "Annual Strategic Business Plan" of the Management Agreement). 38 Id. (modifying Section 3.4, "The Company's Organizational Structure and Personnel" of the Management Agreement). Federal Communications Commission DA 01-2421 7 Agreement and the payment of all financial obligations and operating expenses.39 III. Discussion 10. In its petition, Centennial argues that Sections 24.839(d)(2)40 and 24.709(a)(3)41 of the Commission's rules, in effect at the time of the application, prevent grant of the assignment application because NewComm did not qualify as a designated entity at the time it was filed.42 Although Centennial's initial petition inquired into both de jure and de facto control, in its subsequent filings, Centennial concedes the issue of de jure control.43
• http://wireless.fcc.gov/auctions/05/releases/da993016.pdf http://wireless.fcc.gov/auctions/05/releases/da993016.txt http://wireless.fcc.gov/auctions/05/releases/da993016.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-3016 D&E Communications, Inc., Request for Rule Waiver (filed May 20, 1999) ("Waiver Request"); see 47 C.F.R. 1 §§ 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a). Waiver Request at 3. 2 Id. 3 Id. 4 Id. 5 Before the Federal Communications Commission Washington, D.C. 20554 )) In the Matter of )) D&E Communications, Inc. ) ) Request for Waiver of Sections 24.712, ) 24.720(b)(1), 1.2111(d), and 24.839(a) of the ) Commission's Rules Regarding Eligibility to ) Acquire License as a Small Business ))) ORDER Adopted: December
• http://wireless.fcc.gov/auctions/05/releases/fc970342.pdf http://wireless.fcc.gov/auctions/05/releases/fc970342.txt http://wireless.fcc.gov/auctions/05/releases/fc970342.wp
  • Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and 56 Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 21831 (1996) (partitioning and disaggregation rules now codified at 47 C.F.R. § 24.714) (hereinafter "Disaggregation Order"). See 47 C.F.R. § 24.714(a)(1) (parties "shall request an authorization for partial assignment of a license pursuant to 57 Section 24.839"). 47 C.F.R. § 24.714(a)(3). 58 47 C.F.R. § 24.714(c)(1). 59 47 C.F.R. § 24.714(d)(1). 60 47 C.F.R. § 24.714(d)(3)(ii). 61 See, e.g., AmeriCall ex parte letter, August 5, 1997 at 1; GWI ex parte letter, August 15, 1997 at 1; Magnacom ex 62 parte letter, August 13, 1997 at 1; BIA Capital ex parte letter, August 4, 1997 at 1-2;
• http://wireless.fcc.gov/auctions/05/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/05/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/05/releases/fmoo4285.wp
  • filed Aug. 10, 1994, at 2. See e.g. BellSouth ex parte comments, filed Sept. 14, 1994, at 2; Pac Tel ex parte comments, 219 filed Oct. 19, 1994, at 5-6. A "right of first refusal" is an agreement between parties which grants an investor the right to 220 match a purchase offer from a third party. See 47 C.F.R. § 24.839 (d) (restrictions on assignment or transfer of control of C and F block 221 licensees). In any event, the Commission would have to approve any sale or transfer that would result from a noncontrolling investor exercising a right of first refusal. See The Marshall Company ex parte comments, filed Oct. 6, 1994, at 1. 222 50 regarding the treatment of
• http://wireless.fcc.gov/auctions/05/releases/or_95301.pdf http://wireless.fcc.gov/auctions/05/releases/or_95301.txt http://wireless.fcc.gov/auctions/05/releases/or_95301.wp
  • that hold interests in the applicant (or licensee), and their affiliates, shall be attributed to the applicant and considered on a cumulative basis and aggregated for purposes of determining whether the applicant (or licensee) is eligible for a license for frequency block C under this section. (3) Any licensee awarded a license pursuant to this section (or pursuant to § 24.839(d)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues, and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or
• http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
  • Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and 56 Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 21831 (1996) (partitioning and disaggregation rules now codified at 47 C.F.R. § 24.714) (hereinafter "Disaggregation Order"). See 47 C.F.R. § 24.714(a)(1) (parties "shall request an authorization for partial assignment of a license pursuant to 57 Section 24.839"). 47 C.F.R. § 24.714(a)(3). 58 47 C.F.R. § 24.714(c)(1). 59 47 C.F.R. § 24.714(d)(1). 60 47 C.F.R. § 24.714(d)(3)(ii). 61 See, e.g., AmeriCall ex parte letter, August 5, 1997 at 1; GWI ex parte letter, August 15, 1997 at 1; Magnacom ex 62 parte letter, August 13, 1997 at 1; BIA Capital ex parte letter, August 4, 1997 at 1-2;
• http://wireless.fcc.gov/auctions/10/releases/fcc96287.pdf http://wireless.fcc.gov/auctions/10/releases/fcc96287.txt http://wireless.fcc.gov/auctions/10/releases/fcc96287.wp
  • here are part of a multi-proceeding effort to implement the Communication Act's mandate to identify and eliminate market entry barriers for entrepreneurs and small businesses in the provision and ownership of telecommunications 36 Competitive Bidding Fifth Report and Order , 9 FCC Rcd at 5587-88, ¶ 127. 37 Id. at 5588-89, ¶¶ 128-129. 38 Id . 39 47 C.F.R. § 24.839(d). See D, E, and F Block Report and Order at ¶¶ 83-85. 9 Federal Communications Commission FCC 96-287 services.40 In this regard, the Commission also has recently issued a Notice of Inquiry seeking evidence of current and past discrimination experienced by small businesses and businesses owned by women and minorities or by individual women and minorities.41 Changing our partitioning and
• http://wireless.fcc.gov/auctions/10/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/10/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/10/releases/fmoo4285.wp
  • filed Aug. 10, 1994, at 2. See e.g. BellSouth ex parte comments, filed Sept. 14, 1994, at 2; Pac Tel ex parte comments, 219 filed Oct. 19, 1994, at 5-6. A "right of first refusal" is an agreement between parties which grants an investor the right to 220 match a purchase offer from a third party. See 47 C.F.R. § 24.839 (d) (restrictions on assignment or transfer of control of C and F block 221 licensees). In any event, the Commission would have to approve any sale or transfer that would result from a noncontrolling investor exercising a right of first refusal. See The Marshall Company ex parte comments, filed Oct. 6, 1994, at 1. 222 50 regarding the treatment of
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • and are subject to audits to confirm their eligibility. See 47 C.F.R. § 24.709(c) and (d). (5) Holding period To deter shams and fronts, and to prevent abuse of the special financial provisions described below, F-block licenses may not be voluntarily transferred or assigned within the first five years except to entities that qualify as entrepreneurs. See 47 C.F.R. § 24.839(d). C. F-Block Financial Provisions (1) General Qualifying F-block applicants are eligible for two special financial provisions: bidding credits and installment payments. (2) Bidding credits The 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
• http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
  • are subject to audits to confirm their eligibility. See 47 C.F.R. § 24.709(c) and (d). (5) Holding period To deter shams and fronts, and to prevent abuse of the special financial provisions described below, F-block licenses may not be voluntarily transferred or assigned within the first five years except to entities that qualify as an entrepreneur. See 47 C.F.R. § 24.839(d). C. F-Block Financial Provisions (1) General Qualifying F-block applicants are eligible for two special financial provisions: bidding credits and installment payments. 8 (2) Bidding credits The 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 calendar years: A bidder with gross annual revenues of not
• http://wireless.fcc.gov/auctions/11/releases/da002669.doc http://wireless.fcc.gov/auctions/11/releases/da002669.pdf http://wireless.fcc.gov/auctions/11/releases/da002669.txt
  • financing statements. In addition, all installment payments must be current on the consummation date. To be current, the installment payment may not be in the non-delinquency period or grace period, and there must be no outstanding fees, including late fees, due to the Commission. No license will be issued to the assignee until the Commission receives notification pursuant to section 24.839(b)(4) of the Commission's rules, 47 C.F.R. § 24.839(b)(4), that all conditions that must be met at or before consummation have been satisfied, including execution of the appropriate financing documents. Failure of the parties to the assignment to comply with any of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of
• http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
  • steps to streamline our procedures and minimize the possibility of insincere bidding and bidder default. To achieve these goals, to make our F 47 C.F.R. §§ 24.709 & 24.715. 10 47 C.F.R. § 24.720. 11 47 C.F.R. § 24.716. 12 47 C.F.R. § 24.717. 13 47 C.F.R. § 24.720. 14 47 C.F.R. §§ 24.706 & 24.716. 15 47 C.F.R. § 24.839(d). 16 4 block rules race- and gender-neutral, and in response to the Cincinnati Bell decision, we make the following changes: We amend Section 24.709 and eliminate Section 24.715 of the Commission's Rules to make the 50.1 percent "control group" equity structure, which previously was available only to women- and minority-owned businesses for purposes of F block eligibility, available to all
• http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
  • Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and 56 Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 21831 (1996) (partitioning and disaggregation rules now codified at 47 C.F.R. § 24.714) (hereinafter "Disaggregation Order"). See 47 C.F.R. § 24.714(a)(1) (parties "shall request an authorization for partial assignment of a license pursuant to 57 Section 24.839"). 47 C.F.R. § 24.714(a)(3). 58 47 C.F.R. § 24.714(c)(1). 59 47 C.F.R. § 24.714(d)(1). 60 47 C.F.R. § 24.714(d)(3)(ii). 61 See, e.g., AmeriCall ex parte letter, August 5, 1997 at 1; GWI ex parte letter, August 15, 1997 at 1; Magnacom ex 62 parte letter, August 13, 1997 at 1; BIA Capital ex parte letter, August 4, 1997 at 1-2;
• http://wireless.fcc.gov/auctions/11/releases/fcc96287.pdf http://wireless.fcc.gov/auctions/11/releases/fcc96287.txt http://wireless.fcc.gov/auctions/11/releases/fcc96287.wp
  • here are part of a multi-proceeding effort to implement the Communication Act's mandate to identify and eliminate market entry barriers for entrepreneurs and small businesses in the provision and ownership of telecommunications 36 Competitive Bidding Fifth Report and Order , 9 FCC Rcd at 5587-88, ¶ 127. 37 Id. at 5588-89, ¶¶ 128-129. 38 Id . 39 47 C.F.R. § 24.839(d). See D, E, and F Block Report and Order at ¶¶ 83-85. 9 Federal Communications Commission FCC 96-287 services.40 In this regard, the Commission also has recently issued a Notice of Inquiry seeking evidence of current and past discrimination experienced by small businesses and businesses owned by women and minorities or by individual women and minorities.41 Changing our partitioning and
• http://wireless.fcc.gov/auctions/11/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/11/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/11/releases/fmoo4285.wp
  • filed Aug. 10, 1994, at 2. See e.g. BellSouth ex parte comments, filed Sept. 14, 1994, at 2; Pac Tel ex parte comments, 219 filed Oct. 19, 1994, at 5-6. A "right of first refusal" is an agreement between parties which grants an investor the right to 220 match a purchase offer from a third party. See 47 C.F.R. § 24.839 (d) (restrictions on assignment or transfer of control of C and F block 221 licensees). In any event, the Commission would have to approve any sale or transfer that would result from a noncontrolling investor exercising a right of first refusal. See The Marshall Company ex parte comments, filed Oct. 6, 1994, at 1. 222 50 regarding the treatment of
• http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
  • We will make available on all WCS licenses bidding credits of 25 percent and 35 percent for bidders that qualify as small businesses and very small businesses, respectively, using the revenue standards employed in broadband PCS. We also adopt unjust enrichment restrictions on the transfer of licenses acquired by small businesses similar to those set forth in 47 C.F.R. § 24.839(d). 9. The Commission makes no representations or warranties about the use of this spectrum for particular services. Applicants should be aware that an FCC auction represents an opportunity to become an FCC licensee in this service, subject to certain conditions and regulations. An FCC auction does not constitute an endorsement by the FCC of any particular services, technologies or products,
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and 56 Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 21831 (1996) (partitioning and disaggregation rules now codified at 47 C.F.R. § 24.714) (hereinafter "Disaggregation Order"). See 47 C.F.R. § 24.714(a)(1) (parties "shall request an authorization for partial assignment of a license pursuant to 57 Section 24.839"). 47 C.F.R. § 24.714(a)(3). 58 47 C.F.R. § 24.714(c)(1). 59 47 C.F.R. § 24.714(d)(1). 60 47 C.F.R. § 24.714(d)(3)(ii). 61 See, e.g., AmeriCall ex parte letter, August 5, 1997 at 1; GWI ex parte letter, August 15, 1997 at 1; Magnacom ex 62 parte letter, August 13, 1997 at 1; BIA Capital ex parte letter, August 4, 1997 at 1-2;
• http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
  • licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. § 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. C/F Block Sixth Report and Order, ¶ 51; 47 C.F.R. § 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply at 5. See 47 C.F.R.
• http://wireless.fcc.gov/auctions/35/releases/fc000197.doc http://wireless.fcc.gov/auctions/35/releases/fc000197.pdf http://wireless.fcc.gov/auctions/35/releases/fc000197.txt
  • all bidder, bidding credits should not be made available to any bidders). See Dobson Ex Parte at 3-4 (May 31, 2000); Dobson Ex Parte at 2 (April 20, 2000). See Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 465-469, ¶¶ 117-127; Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5588-89, ¶¶ 128-29. 47 C.F.R. § 24.839 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 No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203; see also id. §§ 1.2111. See
• http://wireless.fcc.gov/auctions/35/releases/fc000313A.doc http://wireless.fcc.gov/auctions/35/releases/fc000313A.pdf http://wireless.fcc.gov/auctions/35/releases/fc000313A.txt
  • on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order and Order on Reconsideration is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Sixth Report and Order, including the
• http://wireless.fcc.gov/auctions/41/releases/fc970140.pdf http://wireless.fcc.gov/auctions/41/releases/fc970140.txt http://wireless.fcc.gov/auctions/41/releases/fc970140.wp
  • (unlike broadband PCS), providing further flexibility to acquire licenses post- auction.55 49 AIDE Comments at 3. 50 MMTC Reply Comments at 3-4. 51 American Paging Comments at 1. 52 PageMart Comments at 4. 53 Pagenet Comments at 3-4. 54 See Press Release, "Wireless Telecom Bureau Releases Progress Report" (rel. March 5, 1997) (Wireless Bureau Progress Report). 55 See 47 C.F.R. 24.839(d). Federal Communications Commission FCC 97-140 11 2. Definition of Minority Groups 21. Background. As discussed infra at 61-64, we propose to modify our designated entity rules to provide race- and gender-neutral provisions and establish eligibility criteria based on size. However, even if these modifications are adopted in the future, we will continue to request bidder information on the FCC Form
• http://wireless.fcc.gov/auctions/58/comments/da041639-t-mobile-reply.pdf
  • ¶ 22 n. 67. 8 III. AT A MINIMUM, THE LICENSES RETURNED BY NEXTWAVE SHOULD BE SUBJECT TO OPEN BIDDING. Regardless of whether the Commission ultimately decides to retain closed bidding rules for some of the licenses being auctioned in Auction No. 58, the Commission must remove these limitations for licenses that were previously held by NextWave. Pursuant to Section 24.839 of the Commission's rules, DE restrictions on a license are removed after the licensee has fulfilled its five-year buildout requirements.20 In April, 2003, NextWave fulfilled these obligations.21 Thus, the restriction on non-DEs holding these licenses is no longer applicable. Indeed, had NextWave retained these licenses, it could have sold them, free of DE restrictions, to any wireless provider, as it
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=5&page=O
  • 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 of National Telecom
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=12
  • 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 Service Spectrum Report
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • and their affiliates, have had gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time the applicant's short-form application (Form 175) is filed. (2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2)) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or
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  • with a cross-reference to the new Part 1 unjust enrichment rule, 47 C.F.R. § 1.2111. 35. Discussion. NextWave seeks clarification regarding the application of the revised unjust enrichment rules for bidding credits (Section 1.2111(d) of the Commission's rules) and the broadband PCS entrepreneurs' block prohibition on assignments and transfers to non-entrepreneurs during the first five years of initial licensing (Section 24.839 of the Commission's rules). As a practical matter, under the Part 1 rules as modified in the Part 1 Third Report and Order, bidding credit unjust enrichment payments are not required for assignments or transfers of control of C and F block licenses to non-entrepreneurs because, as NextWave points out, Section 24.839 bars such assignments or transfers until five years
• http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
  • Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 471. 28 See Public Notice, Wireless Telecommunications Bureau Staff Responds to Questions About the Broadband PCS 29 C Block Auction, at p.6 (June 8, 1995) (C Block Q&A); See also Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 471, ¶ 134. See, e.g., 47 C.F.R. § 24.839(d) (as amended by the D, E, F Block Report and Order, 11 FCC Rcd at 7863-64, 30 which eliminated the 3-year absolute bar to transfer of entrepreneurs' block licenses and established a 5-year period in which entrepreneurs' block licenses could be assigned or transferred only to qualifying entrepreneurs). See, e.g., C Block Q&A at p.6; W.A.V., Inc., 8 FCC Rcd
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • an exception for Indian tribes and Alaska Regional or Federal Communications Commission FCC 97-413 See 47 C.F.R. §§ 24.720(l)(11), 101.1112(h)(11). 61 See Small Business Administration, Amendment of Small Business Size Standards, Final Regulations, 61 Fed. 62 Reg. 3177 (January 31, 1996); Corrected Final Regulations, 61 Fed. Reg. 41496 (August 9, 1996) (amending 13 C.F.R. Part 121). 47 C.F.R. §§ 1.2110(b)(4), 24.839(d). 63 See 47 C.F.R. § 24.720(l)(11). 64 See 47 C.F.R. § 101.1112(h)(11). 65 See Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz 66 Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint 19 Village Corporations, as we did for broadband PCS and
• http://wireless.fcc.gov/auctions/general/releases/fc990244.doc http://wireless.fcc.gov/auctions/general/releases/fc990244.pdf
  • limit. (4) (A) Parties holding controlling interests in broadband PCS, cellular, and/or SMR licensees that conflict with the attribution threshold or geographic overlap limitations set forth in this section will be considered to have come into compliance if they have submitted to the Commission an application for assignment of license or transfer of control of the conflicting licensee (see Secs. 24.839 of this chapter (PCS), 22.39 of this chapter (cellular), 90.158 of this chapter (SMR)) by which, if granted, such parties no longer would have an attributable interest in the conflicting license. Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as the applicant has no interest in
• http://wireless.fcc.gov/uls/releases/da981919.doc http://wireless.fcc.gov/uls/releases/da981919.pdf
  • be used on an interim basis. In the Report and Order, the Commission has merged Forms 603 and 604 into a combined Form 603, which is being submitted to OMB for final approval. Therefore, Form 604 will be discontinued after the revised Form 603 is approved. Pending the effective date of the Report and Order, the Bureau waives Sections 24.439, 24.839, 27.306, 27.324, 90.119, 90.153, and 101.15 of the Commission's rules to the extent that they require the filing of Form 490, 702, or 704 by ULS Geographic Licensees seeking approval of assignments or transfers. Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the Communications Act Regarding Non-Substantial Assignments of Licenses and Transfers of Control Involving Telecommunications Carriers
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011914.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011914.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011914.txt
  • interest in Madison SMSA Limited Partnership to an unrelated third party such that the consummation of the merger transaction will not violate 47 C.F.R. § 22.942. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§154(i) and (j), 309, and 310(d), and sections 0.331, 24.709 and 24.839 of the Commission's rules, 47 C.F.R. §§ 0.331, 24.709 and 24.839, that the grant of these applications is subject to the condition that, prior to consummating the merger transaction described in the applications, Chorus divest its F block PCS license to an unrelated third party such that the transaction(s) contemplated in the Joint Applications will not violate 47 C.F.R. §§
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • Ex Parte Letter at 2; Senator Hollings Comments at 5-6. We note that these comments do not address the alternative VoiceStream-Powertel transaction specifically. 104 See VoiceStream/CIRI Order, 15 FCC Rcd at 24695, para. 8 (citing VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347-50, paras. 13-20; VoiceStream/Aerial Order, 15 FCC Rcd at 10094-96, paras. 10-16). 105 See 47 C.F.R. §§ 1.2110, 24.709, 24.839. We note that, in making arguments about the negative impact of the proposed transfers of control to DT generally, UTStarcom raises specific concerns with the transfer of control of C and F block PCS licenses to DT. UTStarcom Comments at 1. 106 See VoiceStream/CIRI Order, 15 FCC Rcd at 24697-98, para. 13. 107 Pub. L. No. 106-259, § 8149, 114
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • environment, where the winning Federal Communications Commission FCC 98-57 after July 1, 1997. See Auction NPRM ¶¶ 39-41. Were the Commission to subsequently reach a different conclusion, we would need to reevaluate whether the "no profit" rule should continue to apply to the assignment and transfer of low power TV and TV translator stations. 45 See e.g. 47 C.F.R. § 24.839. 46 See Section 3002(a)(1)(A)(2)(C), Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251. 47 We note that a proceeding is pending to develop comparative criteria to select among mutually exclusive noncommercial station applicants. See Reexamination of the Comparative Standards for New Noncommercial Educational Applicants, Notice of Proposed Rule Making, 10 FCC Rcd 2877 (1995). Such applicants are
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
  • the previous use of the same, whether by license or otherwise." 47 U.S.C. § 304. 52 See Trafficking Report and Order, 52 RR 2d at 1083. 53 Bill Welch, 3 FCC Rcd 6502 (1988). 54 See Notice, 13 FCC Rcd at 11360-11361 (¶ 26, n 44); see also Auction Order, 13 FCC Rcd 15920. 55 See, e.g., 47 C.F.R. § 24.839. 14 reimbursement of expenses.49 The no profit rule was intended "to preclude trafficking in construction permits for unbuilt stations by barring the use of such permits as a means of obtaining financial gain from their transfer before the original grantee builds and operates the station."50 The rule afforded the Commission a means to ensure an applicant held a bona fide
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • We will make available on all WCS licenses bidding credits of 25 percent and 35 percent for bidders that qualify as small businesses and very small businesses, respectively, using the revenue standards employed in broadband PCS. We also adopt unjust enrichment restrictions on the transfer of licenses acquired by small businesses similar to those set forth in 47 C.F.R. § 24.839(d). 9. The Commission makes no representations or warranties about the use of this spectrum for particular services. Applicants should be aware that an FCC auction represents an opportunity to become an FCC licensee in this service, subject to certain conditions and regulations. An FCC auction does not constitute an endorsement by the FCC of any particular services, technologies or products,
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • station, a change Federal Communications Commission FCC 98-25 47 C.F.R. § 101.63. This proposal, if adopted, will codify the processing practice as it currently exists in 98 which licensees failing to construct a granted modification must file a further modification application to return the license to its pre-grant status. 47 U.S.C. § 310(d). 99 See, e.g., 47 C.F.R. §§ 22.137, 24.839, 26.324, 27.324. 100 See, e.g., 47 C.F.R. §§ 80.29, 87.31, 90.153, 101.53. 101 Federal Communications Bar Association's Petition for Forbearance from Section 310(d) of the 102 Communications Act Regarding Non-Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications Carriers, Memorandum Opinion and Order, FCC 98-18 (rel. Feb. 4, 1998). Id. at para. 32 -36. 103 Id. at para.
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.doc http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.txt
  • First Report and Order, 14 FCC Rcd 12 (1998); In the Matter of Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them and Examination of Exclusivity and Frequency Assignments Policies of the Private Land Mobile Services, Second Report and Order, 12 FCC Rcd 14307. See 47 C.F.R. § 24.839. See 47 C.F.R. § 1.2111(d). See 47 U.S.C. § 309(j)(4)(E). These licensees are Orbital Communications Corp., Volunteers in Technical Assistance Inc., Final Analysis Communications, E-SAT Inc., and LEO One USA Corp. See Orbital Communications Corporation, Order and Authorization, 13 FCC Rcd 10828 (Int. Bur. 1998); Volunteers in Technical Assistance, Order and Authorization, 13 FCC Rcd 10845 (Int. Bur. 1998); Final
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00197.doc
  • all bidder, bidding credits should not be made available to any bidders). See Dobson Ex Parte at 3-4 (May 31, 2000); Dobson Ex Parte at 2 (April 20, 2000). See Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 465-469, ¶¶ 117-127; Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5588-89, ¶¶ 128-29. 47 C.F.R. § 24.839 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 No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203; see also id. §§ 1.2111. See
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order and Order on Reconsideration, FCC 00-313 (rel. Aug. 29, 2000) (Sixth Report and Order). The eligibility restriction discussed above would not apply to licensees that do not quality as ``entrepreneurs.'' Id. at ¶¶ 17-29. See 47 C.F.R. § 24.839(d). See Sixth Report and Order at ¶¶ 49-51. See generally Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Notice of Proposed Rule Making, FCC 00-274 (rel. Aug. 24, 2000) (Part 1 Fifth Report and Order). Under our
• http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.wp
  • Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 21831 (1996) (partitioning and disaggregation rules now codified at 47 C.F.R. § 24.714) (hereinafter "Disaggregation Order"). 57 See 47 C.F.R. § 24.714(a)(1) (parties "shall request an authorization for partial assignment of a license pursuant to Section 24.839"). 58 47 C.F.R. § 24.714(a)(3). 59 47 C.F.R. § 24.714(c)(1). 60 47 C.F.R. § 24.714(d)(1). 61 47 C.F.R. § 24.714(d)(3)(ii). 18 were not required. Therefore, we intend to deny any requests for a grace period beyond the automatic 60-day non-default period we adopt herein, including any requests made pursuant to Section 1.2110 of the Commission's rules.55 31. C block licensees
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.txt
  • limit. (4) (A) Parties holding controlling interests in broadband PCS, cellular, and/or SMR licensees that conflict with the attribution threshold or geographic overlap limitations set forth in this section will be considered to have come into compliance if they have submitted to the Commission an application for assignment of license or transfer of control of the conflicting licensee (see Secs. 24.839 of this chapter (PCS), 22.39 of this chapter (cellular), 90.158 of this chapter (SMR)) by Federal Communications Commission FCC 99-244 68 which, if granted, such parties no longer would have an attributable interest in the conflicting license. Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.txt
  • filing on July 5, 2000. In response to the July 5th Public Notice, Leaco and Comanche jointly filed petitions to deny the applications for transfer of control to Royal and the applications for assignment to Southwest. Leaco and Comanche County argue generally that Royal and Southwest are not eligible to acquire C and F block PCS licenses pursuant to section 24.839 of the Commission's rules, and that Poka Lambro has retained a reversionary interest in the licenses proposed to be assigned to Southwest in violation of the Act. Discussion Statutory Authority Section 310(d) of the Act provides, in pertinent part, that ``[n]o construction permit, or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002452.doc
  • financing statements. In addition, all installment payments must be current on the consummation date. To be current, the installment payment may not be in the non-delinquency period or grace period, and there must be no outstanding fees, including late fees, due to the Commission. No license will be issued to the assignee until the Commission receives notification pursuant to section 24.839(b)(4) of the Commission's rules, 47 C.F.R. § 24.839(b)(4), that all conditions that must be met at or before consummation have been satisfied, including execution of the appropriate financing documents. Failure of the parties to the assignment to comply with any of the financial obligations described above will result in automatic cancellation of the Commission's approval hereunder and in dismissal of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00088.doc
  • at 21848, ¶ 27. Id. at 21851-2, ¶¶ 31-32. Id. Id. at 21843, ¶ 13. Broadband PCS Memorandum Opinion and Order, 9 FCC Rcd. at 4985 ¶ 69; 47 C.F.R. § 24.229(c) (1996). Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21858, ¶ 46. Id. at 21861, ¶ 53. Id. Id. at 21862, ¶ 54. 47 C.F.R. § 24.839(a). 47 C.F.R. § 1.2111(a). Partitioning and Disaggregation Report and Order, 11 FCC Rcd. at 21843-21845. Id. Id. at 21843, ¶ 14. AT&T Opposition at 2 (citing Competitive Bidding Fifth Report and Order, 9 FCC Rcd. at 5597-99). AT&T Opposition at 2; U.S. West Opposition at Attachment, p. 7. Broadband PCS Memorandum Opinion and Order, 9 FCC Rcd. at 4988, ¶¶
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • with a cross-reference to the new Part 1 unjust enrichment rule, 47 C.F.R. § 1.2111. 35. Discussion. NextWave seeks clarification regarding the application of the revised unjust enrichment rules for bidding credits (Section 1.2111(d) of the Commission's rules) and the broadband PCS entrepreneurs' block prohibition on assignments and transfers to non-entrepreneurs during the first five years of initial licensing (Section 24.839 of the Commission's rules). As a practical matter, under the Part 1 rules as modified in the Part 1 Third Report and Order, bidding credit unjust enrichment payments are not required for assignments or transfers of control of C and F block licenses to non-entrepreneurs because, as NextWave points out, Section 24.839 bars such assignments or transfers until five years
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
  • Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Sixth Report and Order, including the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • for other applications (9 24.823) should be modified. These provisions are inconsistent with other wireless services and inappropriately list amendments that are not necessary under the Broadband PCS licensing scheme. l Procedures for ownership changes (9 24.829) should be consolidated with amendment procedures in 6 24.823. A-2 * -. l Procedures for assignments of authorization and transfers of control (5 24.839) should be streamlined. Specifically, the requirement to file the FCC Form 430 is uraecessary and is not required for the filing of other Part i4 applications. Part 27 WCS Remiabons l Application Procedures ($5 27.301 - 27.325): ae l Ownership/real party in interest requirements (4 27.307) require more information than necessary for application processing and to support a finding that
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992732.doc
  • MS BTA (F Block); B450 - Tuscaloosa, AL BTA (F Block) and B472 - Wichita, KS BTA (E Block) (file no. 0000028159). We approve these assignments because we find they are in the public interest, convenience, and necessity. 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 24.839(b)(4) of the Commission's rules provides that "the Commission shall be notified by letter of the date of completion of the assignment or transfer of control." 47 C.F.R. §24.839(b)(4). Hence, we remind parties that an assignment shall not be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992822.doc
  • - Mankato-Fairmont, B481 - Worthington, Minnesota, BTA (C Block). Market B054 - Brainerd, B477 Willmar-Marshall, Minnesota, BTA (F Block) File No. 000001726. We approve these assignments because we find they are in the public interest, convenience, and necessity. 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 24.839(b)(4) of the Commission's rules provides that "the Commission shall be notified by letter of the date of completion of the assignment or transfer of control." 47 C.F.R. §24.839(b)(4). Hence, we remind parties that an assignment shall not be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992964.doc
  • the following license: OnQue Communications, Inc. to Oklahoma Western Telephone Company: Market B267 - McAlester, OK, BTA (F Block), File No. 0000009378. We approve these assignments because we find they are in the public interest, convenience, and necessity. 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 24.839(b)(4) of the Commission's rules provides that "the Commission shall be notified by letter of the date of completion of the assignment or transfer of control." 47 C.F.R. §24.839(b)(4). Hence, we remind parties that an assignment shall not be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • licenses or is delinquent on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. § 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. C/F Block Sixth Report and Order, ¶ 51; 47 C.F.R. § 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply at 5. See 47 C.F.R.
• http://www.fcc.gov/DiversityFAC/041004/T-MobileAuctionReplyComments.pdf
  • ¶ 22 n. 67. 8 III. AT A MINIMUM, THE LICENSES RETURNED BY NEXTWAVE SHOULD BE SUBJECT TO OPEN BIDDING. Regardless of whether the Commission ultimately decides to retain closed bidding rules for some of the licenses being auctioned in Auction No. 58, the Commission must remove these limitations for licenses that were previously held by NextWave. Pursuant to Section 24.839 of the Commission's rules, DE restrictions on a license are removed after the licensee has fulfilled its five-year buildout requirements.20 In April, 2003, NextWave fulfilled these obligations.21 Thus, the restriction on non-DEs holding these licenses is no longer applicable. Indeed, had NextWave retained these licenses, it could have sold them, free of DE restrictions, to any wireless provider, as it
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • for secondary services, whether such applications were filed before or after July 1, 1997. See Auction NPRM (( 39-41. Were the Commission to subsequently reach a different conclusion, we would need to reevaluate whether the "no profit" rule should continue to apply to the assignment and transfer of low power TV and TV translator stations. See e.g. 47 C.F.R. ( 24.839. See Section 3002(a)(1)(A)(2)(C), Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat. 251. We note that a proceeding is pending to develop comparative criteria to select among mutually exclusive noncommercial station applicants. See Reexamination of the Comparative Standards for New Noncommercial Educational Applicants, Notice of Proposed Rule Making, 10 FCC Rcd 2877 (1995). Such applicants are now subject
• http://www.fcc.gov/transaction/attwireless-telecorp/da012608.pdf
  • numbers of the individual applications or other matters to which the filings pertain. 10 File No. 0000636248 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. 11 47 C.F.R. § 24.839(a), (a)(6). - 6 - All documents filed in this proceeding should indicate in the caption that this matter is before the Wireless Telecommunications Bureau, Commercial Wireless Division, Policy and Rules Branch. An original and four copies of all pleadings must be filed with the Commission's Secretary, Magalie Roman Salas, 445 12th Street, S.W., TW-A325, Washington, D.C. 20554, in accordance with
• http://www.fcc.gov/transaction/chorus-tds/DA-01-715A1.doc http://www.fcc.gov/transaction/chorus-tds/DA-01-715A1.pdf http://www.fcc.gov/transaction/chorus-tds/DA-01-715A1.txt
  • an indirect controlling interest in PCS Wisconsin, LLC, the Madison, Wisconsin personal communications service (PCS) F block licensee, and an 18 percent interest in Madison SMSA Limited Partnership, the Madison, Wisconsin MSA wireline cellular licensee. Chorus states that TDS would be precluded from acquiring both interests pursuant to the Commission's transfer eligibility and cellular cross-ownership rules. See 47 C.F.R. §§ 24.839, 22.942. As a result, Chorus states that it will divest those interests prior to the closing of the instant transaction. On January 26, 2001, Chorus filed an application seeking Commission consent to the transfer of control of Paging and Radiotelephone Service station WNXZ739, and a request for special temporary authority (``STA'') to operate station WNXZ739 pending Commission processing of the
• http://www.fcc.gov/transaction/documents/fcc9728.pdf
  • but unconstructed point-to-point microwave facilities that are controlled by PacTel does not implicate the Commission's anti-trafficking restrictions. Second, pursuant to Section 21.934(c) of our Rules (47 CFR § 21.934(c)), we find that the anti-trafficking provision of Section 21.39 does not apply to the BTA Multipoint Distribution Service authorizations involved in this proposed transfer. Third, pursuant to Sections 1.2111, 21.934, and 24.839 of our Rules (47 CFR §§ 1.2111, 21.934, and 24.839), we find that no trafficking or unjust enrichment is involved in the transfer of control of licenses for facilities in the Personal Communications Services and Multipoint Distribution Service which were obtained through competitive bidding in the last three years. Finally, pursuant to Sections 21.23(c)(6), 22.123(a), 24.823(g)(3), and 25.116(b)(3) of our
• http://www.fcc.gov/transaction/telecorp-tritel/leaco2_reply082800.pdf
  • I. BACKGROUND AND STATEMENT OF INTEREST...................................................1 II. ARGUMENT.....................................................................................................................3 A. ROYAL IS NOT ELIGIBLE TO ACQUIRE C BLOCK LICENSES FROM ZUMA..........................................................................................................................3 1. Royal Does Not Meet the Eligibility Criteria of ? 24.709 as of the Filing Of the Transfer Applications............................................................................4 2. Royal Does Not Hold Other C or F Block Licenses and Does Not Fall Within the Grandfather Provision of ? 24.839(a)(2).......................................7 B. THE TRANSFER APPLICATIONS FAIL TO SATISFY THE TRANSFER DISCLOSURE REQUIREMENTS OF ? 1.2111(a)...........................................10 III. CONCLUSION................................................................................................................11 iii SUMMARY By the filing of the above-referenced Transfer Applications, the parties seek consent to transfer control of certain C block PCS licenses within five years of the grant of such licenses. The proposed transaction, however, is not permitted pursuant to ?? 1.948 and
• http://www.fcc.gov/transaction/telecorp-tritel/leaco_oppstrike091400.pdf
  • Reply Comments as a permitted written ex parte presentation. In addition to attacking Petitioners' right to respond to the Merger PN, Applicants also argue that Petitioners raised issues in the Reply Comments that Nextel did not raise in its initial pleading. Motion p. 3. Specifically, Applicants allege that Petitioners raised issues regarding the applicability of the grandfather provision of ? 24.839 and the "normal growth" rule for the first time in the Reply Comments. Applicants' assertion is simply wrong as evidenced by Applicants' discussion of these issues in the "Joint Opposition of TeleCorp PCS, Inc. et al. to the Petition to Deny of Nextel Communications, Inc." ("Joint Opposition"). For example, in the Joint Opposition, Applicants state, "Finally, Nextel argues that `grandfathering'
• http://www.fcc.gov/transaction/telecorp-tritel/leaco_reply082800.pdf
  • and that TeleCorp and/or the new merged entity may fail to satisfy the control group minimum equity requirements of ? 24.709 (b) (5) of the Commission's Rules. See Nextel Comments/Petition pp. 2-5. Nextel also argues that TeleCorp and Tritel have failed to 2 demonstrate that the new merged entity qualifies to acquire C and F block licenses pursuant to ? 24.839 (a) (2) either on its own pursuant to ? 24.709 or as a proposed assignee that currently holds other C or F block licenses. See Nextel Comments/Petition n. 17 and accompanying text. Nextel raises serious concerns that the Commission must resolve. Petitioners also raised many of these concerns in three recently filed petitions to deny ("Petitions") applications seeking FCC consent
• http://www.fcc.gov/transaction/voicestream-cook/da002820.doc http://www.fcc.gov/transaction/voicestream-cook/da002820.pdf
  • transfers when issues regarding the licensee's basic qualifications remain unresolved is designed to prevent licensees from evading responsibility for misdeeds committed during the license period. Id. See In re applications of AirTouch Communications, Inc. and Vodafone Group, Plc, Memorandum Opinion and Order, DA 99-1200, 1999 WL 413237 at ¶¶ 5-9 (WTB rel. June 22, 1999). See 47 C.F.R. §§ 24.709, 24.839. As discussed below, we defer WITCO's arguments relating to the proposed acquisition of VoiceStream by DT to IB Docket No. 00-187. See VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347-50, at ¶¶ 13-20; VoiceStream/Aerial Order, 15 FCC Rcd at 10,094-10,096, ¶¶ 10-16. Section 8149 of the Defense Appropriations Act states: ``[a]n Alaska Native regional corporation organized pursuant to the Alaska Native