FCC Web Documents citing 90.1023

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-156A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-156A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-156A1.txt
  • 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://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • 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 90, subpart
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 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 90, subpart
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • 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. 90.1019 Eligibility for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • businesses may use a bidding credit of 35 percent to lower the cost of its winning bid. 46. Amend § 90.1021 by removing paragraph (b)(3) and revising (b) introductory text to read as follows: § 90.1021 Definitions concerning competitive bidding process. * * * * * (b) Small and very small business. * * * * * 47. Revise § 90.1023 to read as follows: § 90.1023 Records maintenance and definitions. (a) Records maintenance. All winning bidders qualifying as small or very small businesses shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any documents necessary to establish eligibility as a small business or very small business, as defined in § 90.1021,
• 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
  • regional 90.767(b), (c) licenses (change to allow electronic filing of information via ULS). 90.1013 Long-form application (FCC Form 601) (change form 90.1013 numbers and change to permit auction winners to file a single application for all markets won). 90.1019(b) Eligibility for partitioned licenses (change form 90.1019(b) numbers). 90.1019(c) Eligibility for partitioned licenses (change cross- 90.1019(c) reference from 90.153 to 1.931) 90.1023(b) Certifications, disclosures, records, maintenance and 90.1023(b) audits (change to reflect electronic filing and change form numbers). PART 90 - PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, unless otherwise
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • the business operation, regardless of how the business operation may be designated by the parties involved. An agreement to share profits/losses proportionate to each party's contribution to the business operation is a significant factor in determining whether the business operation is a joint venture. (ii) The parties to a joint venture are considered to be affiliated with each other. Sec. 90.1023 Certifications, disclosures, records maintenance and audits. (a) Short-Form Applications: Certifications and Disclosure. In addition to certifications and disclosures required in part 1, subpart Q, of this chapter, each applicant for a 220 MHz service geographic area license which qualifies as a small business, very small business, consortium of small businesses, or consortium of very small businesses, shall append the following
• http://wireless.fcc.gov/auctions/18/releases/da981680.pdf http://wireless.fcc.gov/auctions/18/releases/da981680.txt http://wireless.fcc.gov/auctions/18/releases/da981680.wp
  • 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
• http://wireless.fcc.gov/auctions/18/releases/da981688.pdf http://wireless.fcc.gov/auctions/18/releases/da981688.txt http://wireless.fcc.gov/auctions/18/releases/da981688.wp
  • 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
• http://wireless.fcc.gov/auctions/18/releases/da982143.pdf http://wireless.fcc.gov/auctions/18/releases/da982143.txt http://wireless.fcc.gov/auctions/18/releases/da982143.wp
  • time the bidding was completed. See 47 C.F.R. 1.2107(d). Applicants qualifying as a small business or very small business must list and summarize all agreements and other instruments (with appropriate references to specific D-8 provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business or very small business under Sections 90.1017 through 90.1023 of the Commission's rules, including the establishment of de facto and de jure control. 47 C.F.R. § 90.1023(b)(2). Such agreements and instruments include, but are not limited to, articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements including letters of intent, oral or written. These applicants must also list and
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • (FCC Form 175 and 175-S Short-form). § 90.1011 Submission of upfront payments and down payments. § 90.1013 Long-form application (FCC Form 600). § 90.1015 License grant, denial, default, and disqualification. § 90.1017 Bidding credits, down payments, and installment payments for small businesses and very small businesses. § 90.1019 Eligibility for partitioned licenses. § 90.1021 Definitions concerning competitive bidding process. § 90.1023 Certifications, disclosures, records maintenance and audits. § 90.1025 Petitions to deny and limitations on settlements. SUBPART W -- COMPETITIVE BIDDING PROCEDURES FOR THE 220 MHz SERVICE § 90.1001 220 MHz service subject to competitive bidding. Mutually exclusive initial applications for 220 MHz geographic area licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q,
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • payments. § 90.1009 Bidding application (FCC Form 175 and 175-S short-form). § 90.1011 Submission of upfront payments and down payments. § 90.1013 Long-form application (FCC Form 601). § 90.1015 License grant, denial, default and disqualification. § 90.1017 Bidding credits for small businesses and very small businesses. § 90.1019 Eligibility for partitioned licenses. § 90.1021 Definitions concerning competitive bidding process. § 90.1023 Certifications, disclosures, records maintenance and audits. § 90.1025 Petitions to deny and limitations on settlements. 10. Section 90.1011 is revised to read as follows: Federal Communications Commission FCC 98-93 Section 90.1011 Submission of Upfront Payments and Down Payments. (a) The Commission will require applicants to submit an upfront payment prior to the start of a 220 MHz Service auction. The
• http://wireless.fcc.gov/auctions/22/releases/da990360.pdf http://wireless.fcc.gov/auctions/22/releases/da990360.txt http://wireless.fcc.gov/auctions/22/releases/da990360.wp
  • 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 Division Wireless
• http://wireless.fcc.gov/auctions/22/releases/da990361.pdf http://wireless.fcc.gov/auctions/22/releases/da990361.txt http://wireless.fcc.gov/auctions/22/releases/da990361.wp
  • 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
• http://wireless.fcc.gov/auctions/22/releases/da990362.pdf http://wireless.fcc.gov/auctions/22/releases/da990362.txt http://wireless.fcc.gov/auctions/22/releases/da990362.wp
  • 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
• http://wireless.fcc.gov/auctions/22/releases/da990363.pdf http://wireless.fcc.gov/auctions/22/releases/da990363.txt http://wireless.fcc.gov/auctions/22/releases/da990363.wp
  • 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
• 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
  • 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/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 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 following service-specific rules by changing the term "controlling principal" to "controlling interest" to conform the rules with the Commission's general competitive bidding rules:81 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e).82 Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules,83 the Part 1 definition of "controlling interest": 22.223(e); 22.225(e); 24.321(b); 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b).84 We also modify section 24.709 to clarify its applicability to existing licensees.85 75
• 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
  • regional 90.767(b), (c) licenses (change to allow electronic filing of information via ULS). 90.1013 Long-form application (FCC Form 601) (change form 90.1013 numbers and change to permit auction winners to file a single application for all markets won). 90.1019(b) Eligibility for partitioned licenses (change form 90.1019(b) numbers). 90.1019(c) Eligibility for partitioned licenses (change cross- 90.1019(c) reference from 90.153 to 1.931) 90.1023(b) Certifications, disclosures, records, maintenance and 90.1023(b) audits (change to reflect electronic filing and change form numbers). PART 90 - PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, unless otherwise
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000156.doc
  • 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
  • time the bidding was completed. See 47 C.F.R. 1.2107(d). Applicants qualifying as a small business or very small business must list and summarize all agreements and other instruments (with appropriate references to specific D-8 provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business or very small business under Sections 90.1017 through 90.1023 of the Commission's rules, including the establishment of de facto and de jure control. 47 C.F.R. § 90.1023(b)(2). Such agreements and instruments include, but are not limited to, articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements including letters of intent, oral or written. These applicants must also list and