FCC Web Documents citing 90.1017
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- of Firms; 1992, SIC code 4812 (issued May 1995). Amendment of Part 90 of the Commission's Rules To Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, Third Report and Order; Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 10943, 11068-70 (1997) (220 MHz Third Report and Order); see also 47 C.F.R. § 90.1017. 220 MHz Third Report and Order, 12 FCC Rcd at 11068-70; see also 47 C.F.R. § 90.1017. 220 MHz Third Report and Order, 12 FCC Rcd at 11068-69; see also 47 C.F.R. § 90.1017. See Letter to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration (Jan. 6, 1998). See Service Rules
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- meet the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau þÿÿÿ
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- 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 qualifying as small and very small businesses and consortia of small and very small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Sections 90.910(a), 90.1017(a) of the Commission's Rules establishes that small and very small businesses, along with consortia of small and very small businesses, will be eligible for designated entity status in 800 MHz SMR, and 220 MHz auctions. See 47 C.F.R. §§ 90.910(a), 90.1017(a). Small Businesses under Sections 90.912(b)(1), 90.1021(b)(1): A small business is an entity that, together with its affiliates and controlling
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- unjust enrichment, bidding credits, installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules, are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 26.210(d); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i); 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c). Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction, and the long-form application, which is filed by the winning bidder(s) to assist the Commission in determining
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
- unjust enrichment, bidding credits, installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules, are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 26.210(d); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i); 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c). Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction, and the long-form application, which is filed by the winning bidder(s) to assist the Commission in determining
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- Pool Channels, WT Docket No. 02-55, Notice of Proposed Rulemaking, 17 FCC Rcd 4873, modified by erratum, 17 FCC Rcd 7169 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 90.705 (220-222 MHz SMR service); 90.901-90.903, 90.905-90.910, and 90.912-90.913 (800 MHz SMR); 90.801-90.803, 90.805-90.807, 90.809-90.810, 90.812-90.815 (900 MHz SMR); 90.1001, 90.1003, 90.1005, 90.1007, 90.1009, 90.1011, 90.1013, 90.1015, 90.1017, 90.1021, 90.1023, and 90.1025 (220 MHz Radio Service); and 90.1101 and 90.1103 (Location and Monitoring Service)). 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, 1432-1435 MHz, 1670-1675 MHz and 2385-2390 MHz Government Transfer Bands, Report and Order, 17 FCC Rcd 9980 (2002). 47 C.F.R. Part
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
- Pool Channels, WT Docket No. 02-55, Notice of Proposed Rulemaking, 17 FCC Rcd 4873, modified by erratum, 17 FCC Rcd 7169 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 90.705 (220-222 MHz SMR service); 90.901-90.903, 90.905-90.910, and 90.912-90.913 (800 MHz SMR); 90.801-90.803, 90.805-90.807, 90.809-90.810, 90.812-90.815 (900 MHz SMR); 90.1001, 90.1003, 90.1005, 90.1007, 90.1009, 90.1011, 90.1013, 90.1015, 90.1017, 90.1021, 90.1023, and 90.1025 (220 MHz Radio Service); and 90.1101 and 90.1103 (Location and Monitoring Service)). 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, 1432-1435 MHz, 1670-1675 MHz and 2385-2390 MHz Government Transfer Bands, Report and Order, 17 FCC Rcd 9980 (2002). 47 C.F.R. Part
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- information for entity(ies) with which the applicant has an attributable material relationship as required by our rules. In addition, applicants can use Exhibit C to explain updates to the pre-filled information from the FCC Form 175. Pursuant to Section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. Sections 1.2110(f)(2) and 90.1017 of the Commission's rules specifies the following designated entities as eligible for bidding credits in the Phase II 220 MHz Service Auction (Auction No. 72): 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)(i): A very small business is an entity that, together with
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- systems may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart W sets forth the rules governing the use of competitive bidding to resolve mutually exclusive 220 MHz applications for initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). The provisions in 47 C.F.R. 90.1017, 90.1021 and 90.1023 are necessary to administer 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, 161, 303, 309, and 332. Section Number and Title: 90.1001 220 MHz service subject to competitive bidding. 90.1017 Bidding credits for small businesses and very small businesses.
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- of Firms; 1992, SIC code 4812 (issued May 1995). Amendment of Part 90 of the Commission's Rules To Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, Third Report and Order; Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 10943, 11068-70 (1997) (220 MHz Third Report and Order); see also 47 C.F.R. § 90.1017. 220 MHz Third Report and Order, 12 FCC Rcd at 11068-70; see also 47 C.F.R. § 90.1017. 220 MHz Third Report and Order, 12 FCC Rcd at 11068-69; see also 47 C.F.R. § 90.1017. See Letter to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration (Jan. 6, 1998). See Service Rules
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- at 1534, ¶ 63. Id. at 1533-34, ¶¶ 61- 62; The remedial bidding credit was granted to winning bidders based solely on size. This is consistent with the approach to bidding credits taken in other post-Adarand auctions. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. First PFR at 5-10 (citing
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- as a small or very small business, as defined in § 90.912, and/or consortium of small businesses (or consortium of very small businesses). Licensees (and their successors in interest) shall maintain such files for the term of the license. (b) Definitions. The terms small and very small business used in this section are defined in § 90.912. 45. Revise § 90.1017 to read as follows: § 90.1017 Bidding credits for small businesses and very small businesses. A winning bidder that qualifies as a small business, as defined in § 90.1021(b)(1), or a consortium of small businesses may use a bidding credit of 25 percent to lower the cost of its winning bid. A winning bidder that qualifies as a very small
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- 1534, ¶ 63. 28 Id. at 1533-34, ¶¶ 61- 62; The remedial bidding credit was granted to winning bidders based solely on size. This is consistent with the approach to bidding credits taken in other post-Adarand auctions. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 29 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. 30 First PFR at
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- years. 47 C.F.R. § 95.816 (d)(4)(i) and (ii). We note that our records reflect that the replacement of minority credits with small business credits will not 205 result in the increase of any auction winner's debt. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz 206 Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location and Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 35 means to encourage minority and female participation in telecommunications ownership, we will provide
- http://wireless.fcc.gov/auctions/18/releases/220_b.pdf
- gross annual revenue) are set forth in 47 C.F.R. § 90.1021(b). Phase II 220 MHz Service bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their EA, EAG or Nationwide licenses to an entity not qualifying for the same levels of bidding credits. See 47 C.F.R. § 90.1017(b). Finally, Phase II 220 MHz Service bidders should also note that there are no installment payment plans in the 220 MHz Service auction. 3. PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175) -- Due August 17, 1998 In order to be eligible to bid in this auction, applicants must first submit an FCC Form 175 application. This application must be
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- as a Very Small Business or Small Business: Applicants claiming status as a very small business or small business must attach an exhibit regarding this status. # Very small business or small business applicants must set forth the average gross revenues for the preceding three years for the applicant (including affiliates and controlling principals), as prescribed by 47 C.F.R. §§ 90.1017 and 1.2112. Certification that the average gross revenues for the preceding three years do not exceed the required limit is insufficient. Exhibit D -- Information Requested of Designated Entities : Applicants owned by minorities or women, as defined in 47 C.F.R. § 1.2110(b), or that are rural telephone companies, may attach an exhibit regarding this status. This information, in conjunction
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- Dismisses Remaining Applications for Nationwide Commercial 295 220-222 MHz Private Land Mobile Licenses, DA 98-641 (Apr. 3, 1998). 220 MHz Third Report and Order, 12 FCC Rcd at 10969 (para. 53). 296 Comtech Third Order Petition at 3-4. 297 47 C.F.R. § 90.739. 298 220 MHz Third Report and Order, 12 FCC Rcd at 11071 (para. 298). See also Section 90.1017(a) of the 299 Commission's Rules, 47 C.F.R. § 90.1017(a). PAGE 70 Order) did not apply to the then pending commercial, nationwide 220 MHz applications. We note, however, that the applications for nationwide, commercial 220 MHz licenses have since been dismissed.295 12.Acquisition of Multiple Nationwide Licenses 155. In the 220 MHz Third Report and Order, the Commission decided not to impose
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- gross annual revenue) are set forth in 47 C.F.R. § 90.1021(b). Phase II 220 MHz Service bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their EA, EAG or Nationwide licenses to an entity not qualifying for the same levels of bidding credits. See 47 C.F.R. § 90.1017(b). Finally, Phase II 220 MHz Service bidders should also note that there are no installment payment plans in the 220 MHz Service auction. 12 3. PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175) -- Due August 17, 1998 In order to be eligible to bid in this auction, applicants must first submit an FCC Form 175 application. This application must
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- meet the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit C may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the 220 MHz auction as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
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- from large corporations / other bidders and that the information relates to business plans, market tactics, and other related proprietary information about the business strategies of Mobex are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the 220 MHz auction. Page Two John Reardon August 24, 1998 See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
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- Rcd. 23,891, 23,935-42, 23,946, ¶¶ 97-118, 131 (1997). Note: There is no need to include an Exhibit B stating that the applicant responded "no" to Questions 41 through 45. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit B: Foreign Ownership" in the File Description field on the Attachment screen. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. § 90.1017, small businesses and very small businesses are eligible for bidding credits of twenty-five percent and thirty-five percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. § 90.1021(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. We nonetheless note that we
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- Notice announced that Rush was the winning bidder 3 in this auction for the E Block in the following Economic Areas (EAs): BEA053, Pittsburgh, PA-WV; BEA067, Indianapolis, IN-IL; BEA099, Kansas City, MO-KS; BEA124, Tulsa, OK-KS; BEA125, Federal Communications Commission DA 98-2397 Id., Attachment A. 4 47 C.F.R. §§ 90.1011, 90.1013; see also 47 C.F.R. § 1.2107. 5 Pursuant to sections 90.1017(a) and 90.1021(b)(2) the Commission's Rules, Rush qualifies as a "very small 6 business" and is entitled to a 35 percent bidding credit. See 47 C.F.R. §§ 90.1017(a), 90.1021(b)(2). Rush's total gross winning bid amount, excluding the 35 percent bidding credit, was $99,900. With the 35 percent bidding credit, Rush's total net winning bid amount was $64,935. See Phase II 220
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- a Phase I nationwide system is subject to the construction benchmarks and reporting requirements of Section 90.725. The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in Section 90.713. * * * * * (e) The assignee or transferee of a Phase II system is subject to the provisions of Section 90.1017 and Section 1.2111(a) of this chapter. 9. Section 90.711 is revised to read as follows: Section 90.711 Processing of Phase II applications. (a) Phase II applications for authorizations on Channels 166 through 170 and Channels 181 through 185 will be processed on a first-come, first-served basis. When multiple applications are filed on the same day for these frequencies in the
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- of Phase II nationwide channel blocks that a licensee may acquire. Comtech asks that the 296 Commission amend its rules to permit entities to obtain more than one Phase I nationwide authorization. 297 Federal Communications Commission FCC 98-93 298 47 C.F.R. § 90.739. 299 220 MHz Third Report and Order, 12 FCC Rcd at 11071 (para. 298). See also Section 90.1017(a) of the Commission's Rules, 47 C.F.R. § 90.1017(a). 300 220 MHz Third Report and Order, 12 FCC Rcd at 11072 (para. 301). See also Section 90.1017(d) of the Commission's Rules, 47 C.F.R. § 90.1017(d). 301 Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, WT Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal
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- Federal Communications Commission FCC 98-186 See Third Report and Order, 12 FCC Rcd. 11,064, ¶ 283. 142 Unjust enrichment requirements are those mechanisms designed to prevent a small business licensee from 143 benefitting from special bidding provisions and becoming unjustly enriched by immediately selling its license to a party that does not qualify for such benefits. See 47 C.F.R. § 90.1017 (b) (describes procedures to avoid unjust enrichment from bidding credits). Small businesses are defined as entities that, together with affiliates and controlling principals, have average 144 gross revenues that are not more than $15 million for the three preceding years. Very small businesses are defined as entities that, together with affiliates and controlling principals, have average gross revenues that are
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- meet the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit C may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Further, the information concerning Rose Mary S. Nettles' "personal wealth and cashflow," for which you seek confidential treatment does not appear to be required by our rules. See Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 421 (1994). Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis
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- the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
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- requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
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- requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
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- the construction benchmarks and reporting requirements of § 90.725. The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in § 90.713. (d) A licensee may partially assign any authorization in accordance with § 90.1019. (e) The assignee or transferee of a Phase II system is subject to the provisions of § 90.1017 and § 1.2111(a) of this chapter. § 90.711 Processing of Phase II applications. (a) Phase II applications for authorizations on Channels 166 through 170 and Channels 181 through 185 will be processed on a first-come, first-served basis. When multiple applications are filed on the same day for these frequencies in the same geographic area, and insufficient frequencies are available to
- http://wireless.fcc.gov/auctions/26/releases/da000156.doc http://wireless.fcc.gov/auctions/26/releases/da000156.pdf http://wireless.fcc.gov/auctions/26/releases/da000156.txt
- meet the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau þÿÿÿ
- http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
- 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 qualifying as small and very small businesses and consortia of small and very small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Sections 90.910(a), 90.1017(a) of the Commission's Rules establishes that small and very small businesses, along with consortia of small and very small businesses, will be eligible for designated entity status in 800 MHz SMR, and 220 MHz auctions. See 47 C.F.R. §§ 90.910(a), 90.1017(a). Small Businesses under Sections 90.912(b)(1), 90.1021(b)(1): A small business is an entity that, together with its affiliates and controlling
- http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
- 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 qualifying as small and very small businesses and consortia of small and very small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Sections 90.910(a), 90.1017(a) of the Commission's Rules establishes that small and very small businesses, along with consortia of small and very small businesses, will be eligible for designated entity status in 800 MHz SMR, and 220 MHz auctions. See 47 C.F.R. §§ 90.910(a), 90.1017(a). Small Businesses under Sections 90.912(b)(1), 90.1021(b)(1): A small business is an entity that, together with its affiliates and controlling
- http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
- Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. §§ 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. §§ 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section 1.2111(b)-(e) do not apply to assignments or transfers of broadcast construction permits
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000156.doc
- meet the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau |ß
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
- Rcd. 23,891, 23,935-42, 23,946, ¶¶ 97-118, 131 (1997). Note: There is no need to include an Exhibit B stating that the applicant responded "no" to Questions 41 through 45. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit B: Foreign Ownership" in the File Description field on the Attachment screen. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. § 90.1017, small businesses and very small businesses are eligible for bidding credits of twenty-five percent and thirty-five percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. § 90.1021(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. We nonetheless note that we