FCC Web Documents citing 27.702

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

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  • licensed frequency arising from its use by such non-licensed entities. We propose to add a new Subpart to Part 27 as follows: Subpart H - 1.4 GHz Service § 27.701 Scope. This subpart sets out the regulations governing service in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz Service). § 27.702 Permissible communications. Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-1392 MHz band are authorized to provide fixed or mobile service, except aeronautical service, subject to the technical requirements of this subpart. § 27.703 Coordination requirements. (a) Licensees in the 1.4 GHz Service will be issued geographic area licenses. (b) Licensees in the 1.4 GHz Service
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  • association; or (B) is owned and operated by a municipality and which transmits only noncommercial programs for educational purposes.'' See Applications, Bidding Credit Explanation/Auction Exemption, Exhibit C (as amended May 30, 2002); Position Statement Regarding Upfront Payments, Exhibit F (as amended May 30, 2002). Although each of the Applications indicates that the applicant claims eligibility as an ``entrepreneur'' under Section 27.702 of the Commission's rules, 47 C.F.R. § 27.702(a)(1), and the associated 35 percent bidding credit, the applicants contend that they did so only because those choices were the highest available credit allowed on the form. See id., Exhibits C and G. See id., Bidding Credit Explanation/Auction Exemption, Exhibit C, at 2; Position Statement Regarding Upfront Payments, Exhibit F, at 5-6
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  • their petitions. Inquiries regarding compliance with Section 310 of the Communications Act and the filing and processing of petitions for declaratory ruling should be directed to Chief, Policy Division, International Bureau, at (202) 418-1460. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's Rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Section 27.702(a) of the Commission's Rules establishes the following designated entities as eligible for small business provisions: an entrepreneur, a very small business, a small business, a consortium of entrepreneurs, a consortium of very small businesses, and a consortium of small businesses in the Lower 700 MHz Bands auction (Auction No. 44). See 47 C.F.R. § 27.702(a); see also Reallocation and Service
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  • related business negotiations among auction applicants, bidders are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Eligibility Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits will be available to small and very small businesses and entrepreneurs, or consortia, thereof, as defined in 47 C.F.R. § 27.702 for the Lower 700 MHz band. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: A bidder
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  • Channels 52-59), GN Docket 01-74, Report and Order, 17 FCC Rcd 1022, 1089-90 ¶ 175 (``Lower 700 MHz Report and Order'') (rejecting arguments that Sections 309(j)(3)(B) and 309(j)(4)(C) amount to a ``congressional mandate'' to establish a special bidding credit for rural telephone companies). See Lower 700 MHz Report and Order, 17 FCC Rcd at 1088 ¶ 173; 47 C.F.R. § 27.702(a)(1). Lower 700 MHz Report and Order, 17 FCC Rcd at 1061 ¶ 95. See Waiver Request at 7-12, 14-15; Petition at 9. BDPCS, Inc., Memorandum Opinion and Order, 15 FCC Rcd 17,590, 17,598 ¶ 14 (2000). As the House Committee on Energy and Commerce explained, ``[a] carefully designed system to obtain competitive bids from competing qualified applicants can speed delivery
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  • of the Communications Act and the filing and processing of petitions for declaratory ruling should be directed to Claudia Fox, Chief of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1527. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's Rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Section 27.702(a) of the Commission's Rules establishes the following designated entities as eligible for small business provisions: an entrepreneur, a very small business, a small business, a consortium of entrepreneurs, a consortium of very small businesses, and a consortium of small businesses in the Lower 700 MHz Bands auction (Auction No. 49). See 47 C.F.R. § 27.702(a); see also Reallocation and Service
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  • Mr. Evans: This letter responds to the waiver request filed on behalf of your client, Corr Wireless Communications, LLC (``Corr Wireless''), seeking waiver of Commission rules to allow it to qualify as a very small business in the 698-746 MHz band auction (``Auction No. 44''), which closed on September 18, 2002. Specifically, Corr Wireless requests a partial waiver of section 27.702 of the Commission's rules to exclude $29 million dollars in capital gains resulting from the sale of its landline telephone company from the gross revenue calculations used to determine bidding credit eligibility for Auction No. 44. For the reasons cited below, we deny the waiver request. 1. Background Parties seeking to participate in Auction No. 44 were required to submit
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  • licenses in the D block. Because the bidding credit levels were adopted by the Commission in its Lower 700 MHz band proceeding, they were not a matter upon which the Bureau sought comment. Accordingly, for Auction No. 49, bidding credits will be available to small and very small businesses and entrepreneurs, or consortia thereof, as defined in 47 C.F.R. § 27.702 for the Lower 700 MHz band licenses: A bidder with attributed average annual gross revenues of not more than $40 million for the preceding three years (``small business'') receives a 15 percent discount on its winning bids for Lower 700 MHz band licenses; A bidder with attributed average annual gross revenues of not more than $15 million for the preceding
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  • the Attachments page. Although this information is pre-filled from the FCC Form 175, applicants should confirm that the designated entity information is correct. In determining whether the designated entity information is correct please refer to the guidelines below. Pursuant to Section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Section 27.702 of the Commission's Rules establishes the following categories of designated entities as eligible for bidding credits: small businesses, very small businesses, entrepreneurs, a consortia of small businesses, very small businesses, or entrepreneurs in the Lower 700 MHz Band Auction (Auction No. 60). See 47 C.F.R. § 27.702. Small Businesses: A small business is an entity that, together with its affiliates
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-737A1_Erratum.pdf
  • of the bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests.52 For Auction No. 60, bidding credits will be available to small businesses, very small businesses, and entrepreneurs, or consortia thereof, as defined in Section §27.702,53 for the Lower 700 MHz band licenses: A bidder with attributed average annual gross revenues that do not exceed $3 million for the preceding three years ("entrepreneur") will receive a 35 percent discount on its winning bids.54 A bidder with attributed average annual gross revenues that exceed $3 million and do not exceed $15 million for the preceding three years
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  • ¶ 9. Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd at 10185-186 ¶¶ 8-9. However, to the extent that the officers and directors of the applicant are controlling interest holders of other entities, the gross revenues of those entities will be attributed to the applicant. 47 C.F.R. § 1.2110(c)(6). 47 C.F.R. §§ 27.502 and 27.702. 47 C.F.R. § 1.2110(b)(3)(i). The CSEA/Part 1 Report and Order modified the procedure by which a consortium that is a winning bidder will apply for a license. See CSEA/Part 1 Report and Order, 21 FCC Rcd at 911-912 ¶¶ 51-52. Applicants applying as consortia should review the CSEA/Part 1 Report and Order and sections 1.2107(g) and 1.2110(b)(3) of the Commission's
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  • explain any updates to the pre-filled information from the FCC Form 175, why certain entities should not be attributed to the applicant, and why certain relationships should not be considered attributable or impermissible material relationships. Pursuant to section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Sections 1.2110(f)(2), 27.502, and 27.702 of the Commission's rules specify the following designated entities as eligible for bidding credits in the 700 MHz Service Auction (Auction 73): a very small business, a small business, a consortium of very small businesses, and a consortium of small businesses. Very Small Businesses under Section 1.2110(f)(2)(iii): A very small business is an entity that, together with its affiliates and
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  • continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 unless otherwise noted. The table of contents for Part 27 is amended by adding subpart H as follows: * * * * * Subpart H - Competitive Bidding Procedures for the 698-746 MHz Band 27.701 698-746 MHz band subject to competitive bidding. 27.702 Designated entities. Section 27.1 is amended by adding a subparagraph (3) to paragraph (b) to read as follows: § 27.1 Basis and purpose. * * * * * (b) * * * * * * * * (3) 698-746 MHz. * * * * * Section 27.3 is amended by redesignating paragraph (n) as paragraph (p), and by adding new
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  • licensed frequency arising from its use by such non-licensed entities. We propose to add a new Subpart to Part 27 as follows: Subpart H - 1.4 GHz Service § 27.701 Scope. This subpart sets out the regulations governing service in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz Service). § 27.702 Permissible communications. Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-1392 MHz band are authorized to provide fixed or mobile service, except aeronautical service, subject to the technical requirements of this subpart. § 27.703 Coordination requirements. (a) Licensees in the 1.4 GHz Service will be issued geographic area licenses. (b) Licensees in the 1.4 GHz Service
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  • to read as follows: Mutually exclusive initial applications for licenses in the 746-764 MHz and 776-794 MHz bands are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 27.502 [Amended] 29. Amend § 27.502 by removing paragraph (c). 30. Amend § 27.702 by removing paragraph (a)(4) and revising paragraph (b) to read as follows: § 27.702 Designated entities. * * * * * (b) Bidding credits. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter. A winning bidder that qualifies as
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  • somewhat relaxed for entities that had been operating and earning revenues for at least two years prior to December 31, 1994. Id. §§ 24.709 (b)(1)(v)(B), 24.709(b)(1)(vi)(B), 24.709(b)(6)(ii), 24.720(h). See id. § 24.709(b)(i), (ii). In some non-PCS services, the Commission uses the term ``entrepreneur'' to refer to a level of small business eligibility for bidding credits. See, e.g., id. §§ 22.229, 27.702, 101.538, 101.1107, 101.1112, 101.1429. In the context of Broadband PCS, an applicant or licensee generally qualifies as an entrepreneur if it, together with its affiliates, persons or entities that hold interests in the applicant or licensee, and their affiliates, has combined total assets of less than $500 million and has had combined gross revenues of less than $125 million in
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  • WT Docket No. 06-150 at 10-11; USCC Reply Comments in WT Docket No. 06-150 at 16-17. Council Tree Comments in WT Docket No. 06-150 at 13-15. For these bands, the Commission previously adopted bidding credits of 25% and 15% for applicants with average attributable gross revenues not exceeding $15 million and $40 million, respectively. See 47 C.F.R. §§ 1.2110(f)(2), 27.502, 27.702. See Access Spectrum et al. Comments in WT Docket No. 06-150. In contrast to Access Spectrum et al.'s proposal for bidding credits in exchange for Public Safety service commitments, existing rules and practice generally provide bidding preferences for certain types of applicants rather than for applicants committing to provide certain services. The Commission has noted in prior proceedings ``that there
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  • WT Docket No. 06-150 at 10-11; USCC Reply Comments in WT Docket No. 06-150 at 16-17. Council Tree Comments in WT Docket No. 06-150 at 13-15. For these bands, the Commission previously adopted bidding credits of 25% and 15% for applicants with average attributable gross revenues not exceeding $15 million and $40 million, respectively. See 47 C.F.R. §§ 1.2110(f)(2), 27.502, 27.702. See Access Spectrum et al. Comments in WT Docket No. 06-150. In contrast to Access Spectrum et al.'s proposal for bidding credits in exchange for Public Safety service commitments, existing rules and practice generally provide bidding preferences for certain types of applicants rather than for applicants committing to provide certain services. The Commission has noted in prior proceedings ``that there
• http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
  • negotiations among auction applicants, bidders are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. D. Eligibility 1. Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits will be available to small and very small businesses and entrepreneurs, or consortia, thereof, as defined in 47 C.F.R. § 27.702 for the Lower 700 MHz band.77 A bidding credit represents the amount by which a bidder's winning bids are discounted.78 The size of the bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: · A
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  • to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 unless otherwise noted. 4. The table of contents for Part 27 is amended by adding subpart H as follows: * * * * * Subpart H ­ Competitive Bidding Procedures for the 698-746 MHz Band 27.701 698-746 MHz band subject to competitive bidding. 27.702 Designated entities. 5. Section 27.1 is amended by adding a subparagraph (3) to paragraph (b) to read as follows: § 27.1 Basis and purpose. * * * * * (b) * * * * * * * * (3) 698-746 MHz. * * * * * 6. Section 27.3 is amended by redesignating paragraph (n) as paragraph (p), and by
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  • arising from its use by such non- licensed entities. 10. We propose to add a new Subpart to Part 27 as follows: Subpart H ­ 1.4 GHz Service § 27.701 Scope. This subpart sets out the regulations governing service in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz Service). § 27.702 Permissible communications. Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-1392 MHz band are authorized to provide fixed or mobile service, except aeronautical service, subject to the technical requirements of this subpart. § 27.703 Coordination requirements. (a) Licensees in the 1.4 GHz Service will be issued geographic area licenses. (b) Licensees in the 1.4 GHz Service
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=44
  • be set at the end of an eight-year term following commencement of such broadcast operations. All licensees meeting the substantial service requirements will be deemed to have met renewal expectancy regardless of which construction options the licensee chooses. Bidding Credits Bidding credits are available to small, very small businesses or entrepreneurs or consortia thereof, (as defined in 47 C.F.R. 1.2110(f), 27.702. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: * A bidder with attributed average annual gross revenues of not more than
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  • set at the end of an eight-year term following commencement of such broadcast operations. All licensees meeting the substantial service requirements will be deemed to have met renewal expectancy regardless of which construction option the licensee chooses. Bidding Credits Bidding credits are available to small and very small businesses and entrepreneurs or consortia thereof, (as defined in 47 C.F.R. 1.2110(f), 27.702. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: * A bidder with attributed average annual gross revenues of not more than
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=60
  • set at the end of an eight-year term following commencement of such broadcast operations. All licensees meeting the substantial service requirements will be deemed to have met renewal expectancy regardless of which construction options the licensee chooses. Bidding Credit Bidding credits were available to small and very small businesses and entrepreneurs or consortia thereof, (as defined in 47 C.F.R. 1.2110(f), 27.702). A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: * A bidder with attributed average annual gross revenues that exceed $15 million
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • Subpart H - Competitive Bidding Procedures for the 3650-3700 MHz Band § 27.701 3650-3700 MHz band subject to competitive bidding. Mutually exclusive initial applications for terrestrial service licenses in the 3650-3700 MHz band are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this part. § 27.702 Designated entities. (a) Eligibility for small business provisions. (1) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $3 million for the preceding three years. (2) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million