FCC Web Documents citing 27.210

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

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  • of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1)(i). , supra). This standard was approved by the Small Business Administration. Letter to Daniel B. Phythyon , Chief, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration, dated May 19, 1998. See 47 C.F.R. § 1.2110(e)(2)(iii). See 47 C.F.R. § 101.11209(b)(ii). See 47 C.F.R. § 27.210(b)(1)(2). See 47 C.F.R. § 1.2110(e)(2)(ii). See Adarand Constructors v. Peña, 515 U.S.
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  • MHz First Report and Order). These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). See 47 C.F.R. § 24.720(b) See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-82 ¶ 115 (1994). See 47 C.F.R. § 27.210(b)(1)-(2). See supra text accompanying NPRM note 2. See supra NPRM paras. 120-21. We note that the SBA generic size standard applicable to Radiotelephone (Wireless) companies provides that a small entity is a radiotelephone company employing no more than 1,500 persons. See 13 C.F.R. § 121.201 (NAICS code 513322). According to the Bureau of the Census, only 12 radiotelephone firms from
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  • of minority groups and/or women, and rural telephone companies. This section also provides the eligibility criteria for small businesses, defines terms specific to designated entities, and addresses bidding credits and other financial incentives available to certain designated entities. The following service-specific rules, which are redundant with certain portions of section 1.2110 of the Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • of minority groups and/or women, and rural telephone companies. This section also provides the eligibility criteria for small businesses, defines terms specific to designated entities, and addresses bidding credits and other financial incentives available to certain designated entities. The following service-specific rules, which are redundant with certain portions of section 1.2110 of the Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We
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  • MMDS, and ITFS channels. MDS operators generally use the MMDS and MDS channels and lease excess capacity from ITFS operators. The 4.9GH Band Transferred From Federal Government Use, WT Docket No. 00-32, Second Report and Further Notice of Proposed Rulemaking, 17 FCC Rcd 3955 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 27.201- 27.206, 27.208, and 27.210). Id. (modifying or eliminating sections 27.501-27.502, and 27.701). Amendments to Parts 1, 2, 27 and 90 of Commission's Rules to License Services in 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-4135 MHz, 1670-1675 MHz and 2385-2390 MHz Government Transfer Bands, Report and Order, 17 FCC Rcd 9980 (2002). 47 C.F.R. Part 80. Amendment of the Commission's Rules Concerning Maritime
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • MMDS, and ITFS channels. MDS operators generally use the MMDS and MDS channels and lease excess capacity from ITFS operators. The 4.9GH Band Transferred From Federal Government Use, WT Docket No. 00-32, Second Report and Further Notice of Proposed Rulemaking, 17 FCC Rcd 3955 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 27.201- 27.206, 27.208, and 27.210). Id. (modifying or eliminating sections 27.501-27.502, and 27.701). Amendments to Parts 1, 2, 27 and 90 of Commission's Rules to License Services in 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-4135 MHz, 1670-1675 MHz and 2385-2390 MHz Government Transfer Bands, Report and Order, 17 FCC Rcd 9980 (2002). 47 C.F.R. Part 80. Amendment of the Commission's Rules Concerning Maritime
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  • the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids. Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337. Section Number and Title: 27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. 27.209 Designated entities; bidding credits; unjust enrichment. 27.210 Definitions. SUBPART E-APPLICATION, LICENSING, AND PROCESSING RULES FOR WCS Brief Description: The part 27 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for wireless communications services (WCS). Subpart E sets forth the application, licensing, and processing rules for WCS. Need: The identified rules in this subpart are needed to set forth
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  • MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Red 374 (1997) ("Part / Third Report and Order" and '"Second Further Notice of Proposed Rule Making'''), recon. pending. 299 TWDC Comments at 8. 300 See NPRM at paras. 85-86. 301 Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). 302 NPRM at para. 87. See Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515(1996). 303 For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards.
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  • Part 27. The title for Subpart D is amended to read as follows: Subpart D -- Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands. The title for Section 27.201 is amended to read as follows: § 27.201 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. Sections 27.201, 27.202, 27.205(a), and 27.209(a), the example following Section 27.210(d)(3)(ii)(C), and examples 1 and 2 following Section 27.210(d)(5), are amended to clarify that these sections apply to WCS in the 2305-2320 MHz and 2345-2360 MHz bands by removing the phrase ``WCS'' in each section and replacing it with the phrase ``WCS in the 2305-2320 MHz and 2345-2360 MHz bands.'' 3. On March 9, 2000, the Commission issued the Second Report
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-224A1.doc
  • consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees using the TV incumbents'
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  • Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Teligent Comments at 46-47. See Balanced Budget Act of 1997 § 3002(a)(E)(i); 47 U.S.C. § 309(j)(3)(E)(i). Teligent Comments at 47-48. 47 C.F.R. § 1.2108. See also Balanced Budget Act of 1997 § 3008. NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. See also 47 C.F.R. §§ 24.720(b)(1)(2), 27.210(b)(1)(2), 101.1209(b)(1)(i)(ii). NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. PCIA Comments at 20-21; RTG Comments at 17-18. PCIA Comments at 20-21; RTG Comments at 17-18; Teligent Reply Comments at 5-6. PCIA Comments at 20; RTG Comments at 18. In the LMDS auction, bidding credits of 35 percent and 45 percent were available for small and very small businesses, respectively,
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  • at 376, ¶ 1. Compare, e.g., 47 C.F.R. § 24.720(e) (definition of "Rural Telephone Company" in the broadband PCS rules) with 47 C.F.R. § 1.2110(b)(3) (definition of "Rural Telephone Companies" in the Part 1 rules). Compare, e.g., 47 C.F.R. § 1.2110(e)(2) (redesignated herein as 47 C.F.R. § 1.2110(f)(2)) (providing a standard schedule of bidding credits) with §§ 27.209(b), (c) and 27.210(b) (providing for greater bidding credits than the standard schedule). Part 1 Notice of Proposed Rule Making, 12 FCC Rcd at 5699-5700, ¶ 20. Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service
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  • MHz First Report and Order). These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). See 47 C.F.R. § 24.720(b) See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-82 ¶ 115 (1994). See 47 C.F.R. § 27.210(b)(1)-(2). See supra text accompanying NPRM note 2. See supra NPRM paras. 120-21. We note that the SBA generic size standard applicable to Radiotelephone (Wireless) companies provides that a small entity is a radiotelephone company employing no more than 1,500 persons. See 13 C.F.R. § 121.201 (NAICS code 513322). According to the Bureau of the Census, only 12 radiotelephone firms from
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  • * * (2) For purposes of assessing compliance with the minimum equity requirements of § 24.709(b)(1)(v) and (b)(1)(vi), where such equity interests are not held directly in the applicant, interests held by qualifying investors shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. * * * * * 27. Amend § 27.210 by revising paragraph (b) to read as follows: § 27.210 Definitions. * * * * * Small and very small business. (1) A small business is an entity that, together with its affiliates and controlling interests, has average annual gross revenues that are not more than $40 million for the preceding three years. (2) A very small business is an
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  • WT Docket 97-60, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5702 ¶ 26 (1997) (``Part 1 Order''). 47 C.F.R. § 90.814(g) (2001); see Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See, e.g., 47 C.F.R. §§ 1.948, 1.2105, 1.2110, 1.2112, 20.6, 21.38, 22.223, 22.225. See, e.g., id. §§ 1.2110, 22.223, 27.210, 90.814, 90.912, 90.1021, 101.1109. See Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See generally Part 1 Fifth Report and Order, 15 FCC Rcd at 15293. Id. at 15323 ¶ 59. 47 C.F.R. § 1.2110(c)(2). Id. Id. In Ellis Thompson, the Commission identified the following factors used to determine control of a business: (1) use of facilities and
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  • 47 U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269, ¶ 145 (1994) ("Competitive Bidding Second Memorandum Opinion and Order"). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1(i). See 47 C.F.R.§ 1.2110(e)(2)(iii). See 47 C.F.R. § 1.2110(e)(2)(ii). See 47 U.S.C. § 309(j)(3)(B). See 5 U.S.C. § 603. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998); Electronic Filing of Documents in Rulemaking Proceedings, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998).
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  • MHz First Report and Order). These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). See 47 C.F.R. § 24.720(b) See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-82 ¶ 115 (1994). See 47 C.F.R. § 27.210(b)(1)-(2). See supra text accompanying NPRM note 2. See supra NPRM paras. 120-21. We note that the SBA generic size standard applicable to Radiotelephone (Wireless) companies provides that a small entity is a radiotelephone company employing no more than 1,500 persons. See 13 C.F.R. § 121.201 (NAICS code 513322). According to the Bureau of the Census, only 12 radiotelephone firms from
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  • 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). 158 Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). 159 Sections 27.210(b)(1), 27.210(b)(2), and 101.1209(b)(1)(i) of the Commission's Rules, 47 C.F.R. §§ 27.210(b)(1), 27.210(b)(2), 101.1209(b)(1)(i). 160 See, e.g., Section 80.1252 of the Commission's Rules, 47 C.F.R. § 80.1252 (designated entities in the coast station service). Section 1.2110(b) of the Commission's Rules, 47 C.F.R. § 1.2110(b), describes affiliate and controlling interest relationships in the designated entity context generally. PAGE 41 b.Small Business Definitions
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  • Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See
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  • of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1)(i). , supra). This standard was approved by the Small Business Administration. Letter to Daniel B. Phythyon , Chief, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration, dated May 19, 1998. See 47 C.F.R. § 1.2110(e)(2)(iii). See 47 C.F.R. § 101.11209(b)(ii). See 47 C.F.R. § 27.210(b)(1)(2). See 47 C.F.R. § 1.2110(e)(2)(ii). See Adarand Constructors v. Peña, 515 U.S.
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  • relevant period, gross revenues shall be evidenced by the audited financial statements of the entity's predecessor-in-interest or, if there is no identifiable predecessor-in-interest, unaudited financial statements certified by the applicant as accurate. When an applicant does not otherwise use audited financial statements, its gross revenues may be certified by its chief financial officer or its equivalent. See 47 C.F.R § 27.210. In determining whether an entity qualifies as a small business at either threshold, gross revenues of all "controlling" principals will be attributed to the prospective small business applicant, as well as the gross revenues of affiliates of the applicant. However, personal net worth is not included in the determination of eligibility for bidding as a small business. The term "control"
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  • directors and key management personnel of the applicant if not otherwise listed in Ownership Exhibit A. Exhibit D: Designated Entities Pursuant to Section 27.209, small businesses and very small businesses are eligible for bidding credits of 25 percent and 35 percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Section 27.210(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit D. If applying for a bidding credit, attach and label as "Exhibit D: Designated Entities" a document or series of documents that certifies as truthful the gross revenues for each of the last three years of the applicant, its affiliates, persons or entities that hold
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  • during regular business hours in the Wireless Telecommunications Bureau Public Reference Room, Room 5608, 2025 M Street N.W., Washington, D.C. 20554. For further information concerning this proceeding, contact Ken Burnley or Arthur Lechtman, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202) 418-0660. - FCC - " WCS Report and Order at 1 194. h I3 47 C.F.R. 9 27.210(b). I4 Id " 47 C.F.R. 6 27.209. I6 See Letters to Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration (December 2, 1%98), at Attachments A and B. 3 _-- DEC a3 `38 02:lSPM SE63 OPP Attachnent A U.S. SMALL BUSINESS ADMINISTRATION WASWNOTON. D.C. 20416 De!cember2,1998 Chief (Acting), Wireless Telemmmunkticm
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  • Bidding Procedures for WCS 27.201WCS subject to competitive bidding. 27.202Competitive bidding mechanisms. 27.203Withdrawal, default and disqualification payments. 27.204Bidding application and certification procedures; prohibition of collusion. 27.205Submission of upfront payments. 27.206Submission of down payment and filing of long-form applications. 27.207Procedures for filing petitions to deny against long-form WCS applications. 27.208License grant, denial, default, and disqualification. 27.209Designated entities; bidding credits; unjust enrichment. 27.210Definitions. Subpart E -- Application, Licensing, and Processing Rules for WCS 27.301Authorization required. 27.302Eligibility. 27.303Formal and informal applications. 27.304Filing of WCS applications, fees, and numbers of copies. 27.305Reserved. 27.306Miscellaneous forms. Federal Communications Commission FCC 97-50 18 27.307General application requirements. 27.308Technical content of applications. 27.310Waiver of rules. 27.311Defective applications. 27.312Inconsistent or conflicting applications. 27.313Amendment of applications for Wireless Communications Service (other than
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  • Act of 1934, as amended, 47 U.S.C. § 310, is eligible to hold a WCS license. B. Small Businesses Qualifying small business applicants are eligible for the special financial provision of bidding credits. See Part 2.C below. Installment payment plans are unavailable for WCS licenses. (1) Definitions of Small Businesses Small business for the WCS auction are defined in Section 27.210 as: o A "small business" is defined as an entity with average gross revenues that are not more than $40 million for each of the preceding three years. o A "very small business" is defined as an entity with average gross revenues that are not more than $15 million for each of the preceding three years. Gross revenues includes all
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  • Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See
• http://wireless.fcc.gov/auctions/31/releases/fc000224.doc http://wireless.fcc.gov/auctions/31/releases/fc000224.pdf http://wireless.fcc.gov/auctions/31/releases/fc000224.txt
  • consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees using the TV incumbents'
• http://wireless.fcc.gov/auctions/33/releases/da001680.doc http://wireless.fcc.gov/auctions/33/releases/da001680.pdf http://wireless.fcc.gov/auctions/33/releases/da001680.txt
  • Part 27. The title for Subpart D is amended to read as follows: Subpart D -- Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands. The title for Section 27.201 is amended to read as follows: § 27.201 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. Sections 27.201, 27.202, 27.205(a), and 27.209(a), the example following Section 27.210(d)(3)(ii)(C), and examples 1 and 2 following Section 27.210(d)(5), are amended to clarify that these sections apply to WCS in the 2305-2320 MHz and 2345-2360 MHz bands by removing the phrase ``WCS'' in each section and replacing it with the phrase ``WCS in the 2305-2320 MHz and 2345-2360 MHz bands.'' 3. On March 9, 2000, the Commission issued the Second Report
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Teligent Comments at 46-47. See Balanced Budget Act of 1997 § 3002(a)(E)(i); 47 U.S.C. § 309(j)(3)(E)(i). Teligent Comments at 47-48. 47 C.F.R. § 1.2108. See also Balanced Budget Act of 1997 § 3008. NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. See also 47 C.F.R. §§ 24.720(b)(1)(2), 27.210(b)(1)(2), 101.1209(b)(1)(i)(ii). NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. PCIA Comments at 20-21; RTG Comments at 17-18. PCIA Comments at 20-21; RTG Comments at 17-18; Teligent Reply Comments at 5-6. PCIA Comments at 20; RTG Comments at 18. In the LMDS auction, bidding credits of 35 percent and 45 percent were available for small and very small businesses, respectively,
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=14
  • forfeiture of their licenses. Bidding Credits A bidding credit acts as a discount on the winning bid amount that a bidder actually has to pay for the license. The size of the WCS bidding credit depends on the annual gross revenues of the bidder and its affiliates, as averaged over the preceding three years as defined in 47 C.F.R. Section 27.210: * A bidder with average gross revenues of not more than $40 million (a "small business") receives a 25 percent discount on its winning bids for WCS licenses. * A bidder with average gross revenues of not more than $15 million (a "very small business") receives a 35 percent discount on its winning bids for WCS licenses. These bidding credits
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=16
  • service." See 47 C.F.R. 90.685(b). Bidding Credits A bidding credit acts as a discount on the winning bid amount that a bidder actually has to pay for the license. The size of the bidding credit depends on the annual gross revenues of the bidder and its affiliates, as averaged over the preceding three years as defined in 47 C.F.R. Section 27.210: * A bidder with average gross revenues of not more than $15 million (a "small business") receives a 25 percent discount on its winning bids for the 800 MHz SMR licenses. * A bidder with average gross revenues of not more than $3 million (a "very small business") receives a 35 percent discount on its winning bids for the 800
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • of minority groups and/or women, and rural telephone companies.76 This section also provides the eligibility criteria for small businesses, defines terms specific to designated entities, and addresses bidding credits and other financial incentives available to certain designated entities. The following service-specific rules, which are redundant with certain portions of section 1.2110 of the Commission's rules,77 are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8).78 We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules,79 the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2).80 We modify the
• http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • at 376, ¶ 1. Compare, e.g., 47 C.F.R. § 24.720(e) (definition of "Rural Telephone Company" in the broadband PCS rules) with 47 C.F.R. § 1.2110(b)(3) (definition of "Rural Telephone Companies" in the Part 1 rules). Compare, e.g., 47 C.F.R. § 1.2110(e)(2) (redesignated herein as 47 C.F.R. § 1.2110(f)(2)) (providing a standard schedule of bidding credits) with §§ 27.209(b), (c) and 27.210(b) (providing for greater bidding credits than the standard schedule). Part 1 Notice of Proposed Rule Making, 12 FCC Rcd at 5699-5700, ¶ 20. Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service
• 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
  • set forth definitions for the following terms: 1. Sec. 24.720(h): institutional investor 2. Sec. 24.720(j): nonattributable equity 3. Sec. 24.720(l): affiliate 4. Sec. 24.720(m): publicly traded corporation with widely dispersed voting power. 5. Sec. 24.720(n): qualifying investor; qualifying minority and/or woman investor 6. Sec. 24.720(o): preexisting entity; existing investor. WCS rules set forth definitions for the following terms: 1. Sec. 27.210(c): gross revenues 2. Sec. 27.210(d): affiliate W. Narrowband PCS rule section 24.406(e) and WCS rule section 27.304 establish procedures for applicants to follow when submitting application materials to the Commission. X. DBS rule section 100.80 sets forth a disclosure procedure in the event of a license transfer. Y. Broadband PCS rule section 24.710 establishes license acquisition limitations for the C
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • MHz First Report and Order). These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). See 47 C.F.R. § 24.720(b) See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-82 ¶ 115 (1994). See 47 C.F.R. § 27.210(b)(1)-(2). See supra text accompanying NPRM note 2. See supra NPRM paras. 120-21. We note that the SBA generic size standard applicable to Radiotelephone (Wireless) companies provides that a small entity is a radiotelephone company employing no more than 1,500 persons. See 13 C.F.R. § 121.201 (NAICS code 513322). According to the Bureau of the Census, only 12 radiotelephone firms from
• 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
  • Bidding Procedures for WCS 27.201WCS subject to competitive bidding. 27.202Competitive bidding mechanisms. 27.203Withdrawal, default and disqualification payments. 27.204Bidding application and certification procedures; prohibition of collusion. 27.205Submission of upfront payments. 27.206Submission of down payment and filing of long-form applications. 27.207Procedures for filing petitions to deny against long-form WCS applications. 27.208License grant, denial, default, and disqualification. 27.209Designated entities; bidding credits; unjust enrichment. 27.210Definitions. Subpart E -- Application, Licensing, and Processing Rules for WCS 27.301Authorization required. 27.302Eligibility. 27.303Formal and informal applications. 27.304Filing of WCS applications, fees, and numbers of copies. 27.305Reserved. 27.306Miscellaneous forms. Federal Communications Commission FCC 97-50 18 27.307General application requirements. 27.308Technical content of applications. 27.310Waiver of rules. 27.311Defective applications. 27.312Inconsistent or conflicting applications. 27.313Amendment of applications for Wireless Communications Service (other than
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). 158 Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). 159 Sections 27.210(b)(1), 27.210(b)(2), and 101.1209(b)(1)(i) of the Commission's Rules, 47 C.F.R. §§ 27.210(b)(1), 27.210(b)(2), 101.1209(b)(1)(i). 160 See, e.g., Section 80.1252 of the Commission's Rules, 47 C.F.R. § 80.1252 (designated entities in the coast station service). Section 1.2110(b) of the Commission's Rules, 47 C.F.R. § 1.2110(b), describes affiliate and controlling interest relationships in the designated entity context generally. PAGE 41 b.Small Business Definitions
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • 47 U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269, ¶ 145 (1994) ("Competitive Bidding Second Memorandum Opinion and Order"). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1(i). See 47 C.F.R.§ 1.2110(e)(2)(iii). See 47 C.F.R. § 1.2110(e)(2)(ii). See 47 U.S.C. § 309(j)(3)(B). See 5 U.S.C. § 603. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998); Electronic Filing of Documents in Rulemaking Proceedings, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998).
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
  • of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1)(i). , supra). This standard was approved by the Small Business Administration. Letter to Daniel B. Phythyon , Chief, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration, dated May 19, 1998. See 47 C.F.R. § 1.2110(e)(2)(iii). See 47 C.F.R. § 101.11209(b)(ii). See 47 C.F.R. § 27.210(b)(1)(2). See 47 C.F.R. § 1.2110(e)(2)(ii). See Adarand Constructors v. Peña, 515 U.S.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001680.doc
  • Part 27. The title for Subpart D is amended to read as follows: Subpart D -- Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands. The title for Section 27.201 is amended to read as follows: § 27.201 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. Sections 27.201, 27.202, 27.205(a), and 27.209(a), the example following Section 27.210(d)(3)(ii)(C), and examples 1 and 2 following Section 27.210(d)(5), are amended to clarify that these sections apply to WCS in the 2305-2320 MHz and 2345-2360 MHz bands by removing the phrase ``WCS'' in each section and replacing it with the phrase ``WCS in the 2305-2320 MHz and 2345-2360 MHz bands.'' 3. On March 9, 2000, the Commission issued the Second Report
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00224.doc
  • consortium applicants identify all consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees using the TV incumbents'
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • Third Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Teligent Comments at 46-47. See Balanced Budget Act of 1997 § 3002(a)(E)(i); 47 U.S.C. § 309(j)(3)(E)(i). Teligent Comments at 47-48. 47 C.F.R. § 1.2108. See also Balanced Budget Act of 1997 § 3008. NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. See also 47 C.F.R. §§ 24.720(b)(1)(2), 27.210(b)(1)(2), 101.1209(b)(1)(i)(ii). NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. PCIA Comments at 20-21; RTG Comments at 17-18. PCIA Comments at 20-21; RTG Comments at 17-18; Teligent Reply Comments at 5-6. PCIA Comments at 20; RTG Comments at 18. In the LMDS auction, bidding credits of 35 percent and 45 percent were available for small and very small businesses, respectively,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • at 376, ¶ 1. Compare, e.g., 47 C.F.R. § 24.720(e) (definition of "Rural Telephone Company" in the broadband PCS rules) with 47 C.F.R. § 1.2110(b)(3) (definition of "Rural Telephone Companies" in the Part 1 rules). Compare, e.g., 47 C.F.R. § 1.2110(e)(2) (redesignated herein as 47 C.F.R. § 1.2110(f)(2)) (providing a standard schedule of bidding credits) with §§ 27.209(b), (c) and 27.210(b) (providing for greater bidding credits than the standard schedule). Part 1 Notice of Proposed Rule Making, 12 FCC Rcd at 5699-5700, ¶ 20. Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for Local Multipoint Distribution Service
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/d970886d.html http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/d970886d.txt http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/d970886d.wp
  • directors and key management personnel of the applicant if not otherwise listed in Ownership Exhibit A. Exhibit D: Designated Entities Pursuant to Section 27.209, small businesses and very small businesses are eligible for bidding credits of 25 percent and 35 percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Section 27.210(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit D. If applying for a bidding credit, attach and label as "Exhibit D: Designated Entities" a document or series of documents that certifies as truthful the gross revenues for each of the last three years of the applicant, its affiliates, persons or entities that hold
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/fcc99002.pdf
  • during regular business hours in the Wireless Telecommunications Bureau Public Reference Room, Room 5608, 2025 M Street N.W., Washington, D.C. 20554. For further information concerning this proceeding, contact Ken Burnley or Arthur Lechtman, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202) 418-0660. - FCC - " WCS Report and Order at 1 194. h I3 47 C.F.R. 9 27.210(b). I4 Id " 47 C.F.R. 6 27.209. I6 See Letters to Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration (December 2, 1%98), at Attachments A and B. 3 _-- DEC a3 `38 02:lSPM SE63 OPP Attachnent A U.S. SMALL BUSINESS ADMINISTRATION WASWNOTON. D.C. 20416 De!cember2,1998 Chief (Acting), Wireless Telemmmunkticm