FCC Web Documents citing 90.810

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

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  • standard will ensure that only those entities truly meriting small business status qualify for our small business provisions"). Auction of 900 MHz Specialized Mobile Radio Service Licenses Scheduled for February 11, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auctions Procedures, Public Notice, 18 FCC Rcd 21,176, 21,188 (Wireless Telecom. Bur. 2003). See 47 C.F.R. §§ 90.810, 90.814(b)(2). See 47 C.F.R. §§ 90.810, 90.814(b)(1). We will coordinate these proposed small business size standards with the Small Business Administration. See 47 C.F.R. § 90.810. We note that neither section 90.810 nor section 90.814 use the term ``very small business.'' Instead, these particular rules use the term ``small business'' to cover both a small business and a very small
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  • spectrum, including the related matters of 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)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • spectrum, including the related matters of 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)
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  • in 47 C.F.R. § 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd 10180 (2003). 47 C.F.R. §§ 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. § 1.2105(a)(2)(ix). See Section I.B.2, above. 47 C.F.R. § 1.2105(c)(4)(i), (ii). 47 C.F.R. §§ 90.810, 90.814. Second Order on Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639 at 2705-07, ¶¶ 164-165. 47 C.F.R. §§ 90.810, 90.814(b)(1)(ii). 47 C.F.R. §§ 90.810, 90.814(b)(1)(i). Part 1 Fifth Report and Order, 15 FCC Rcd at 15323-27, ¶¶ 59-67. Part 1 Fifth Report and Order, 15 FCC Rcd at 15330, ¶ 78. Pursuant to this delegation of authority,
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  • is an entity that, together with its affiliates and controlling interests, has average annual gross revenues not exceeding $3 million for the preceding three years. See 47 C.F.R. § 90.814(b)(1)(i). Small businesses that meet the definition of Section 90.814(b)(1)(i) are eligible for bidding credits of fifteen percent (15%) to lower the cost of their winning bids. See 47 C.F.R. §§ 90.810, 90.814(b)(1)(i). Small Businesses under Section 90.814(b)(1)(ii): A small business under Section 90.814(b)(1)(ii) is an entity that, together with its affiliates and controlling interests, has average gross revenues not exceeding $15 million for the preceding three years. See 47 C.F.R. § 90.814(b)(1)(ii). Small businesses that meet the definition of Section 90.814(b)(1)(ii) are eligible for bidding credits of ten percent (10%) to
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  • groups and/or women, and rural telephone companies. 47 C.F.R. § 1.2110(a). The Commission defines small businesses in its competitive bidding rules for each service in which it offers preferences to such entities. Bidders that qualified as small businesses for Auction No. 7 were eligible for bidding credits and allowed to participate in the Commission's installment payment program. 47 C.F.R. §§ 90.810, 90.812, 90.814 (1995). There were two separate small business categories, each eligible for different bidding credit amounts and installment payment terms: (1) entities that, together with affiliates, had average gross revenues for the preceding three years of $3 million or less; and (2) entities that, together with affiliates, had average gross revenues for the preceding three years of $15 million
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  • 1533-34 ¶¶ 60-61. Id. at 1533, ¶ 61. Id. 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
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  • small business, as defined in § 80.1252(b)(1), or consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a very small business, as defined in § 80.1252(b(2), or consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter. 37. Revise § 90.810 to read as follows: § 90.810 Bidding credits for small businesses. A winning bidder that qualifies as a small business, as defined in § 90.814(b)(1), or a consortium of small businesses may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the blocks identified in § 90.617(d), Table 4B. A winning
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-31A1.txt
  • standard will ensure that only those entities truly meriting small business status qualify for our small business provisions"). Auction of 900 MHz Specialized Mobile Radio Service Licenses Scheduled for February 11, 2004, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auctions Procedures, Public Notice, 18 FCC Rcd 21,176, 21,188 (Wireless Telecom. Bur. 2003). See 47 C.F.R. §§ 90.810, 90.814(b)(2). See 47 C.F.R. §§ 90.810, 90.814(b)(1). We will coordinate these proposed small business size standards with the Small Business Administration. See 47 C.F.R. § 90.810. We note that neither section 90.810 nor section 90.814 use the term ``very small business.'' Instead, these particular rules use the term ``small business'' to cover both a small business and a very small
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.txt
  • exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain SBA approval before adopting small business size standards). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 15 FCC Rcd 18,026 (WTB 2000). Id. See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 16 FCC Rcd 4590 (WTB 2001). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Alvarez Letter 1999. ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29, 1996,'' Public Notice, 11 FCC Rcd 18,599 (WTB 1996). Id. See ``Correction to Public Notice DA 96-586
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  • Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain SBA approval before adopting small business size standards). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 15 FCC Rcd 18026 (2000). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 16 FCC Rcd 4590 (WTB 2001). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Alvarez Letter 1999. See 900 MHz Specialized Mobile Radio Service Spectrum Auction Closes: Winning Bidders Announced,'' Public Notice, 19 FCC Rcd. 3921 (WTB 2004). See ``Correction to Public Notice DA 96-586 `FCC Announces Winning Bidders in the Auction of 1020 Licenses to Provide 900 MHz SMR in Major Trading Areas,''' Public
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  • para. 291. See id. at 11068-70, paras. 291-95. See Letter to D. Phythyon, Chief, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Jan. 6, 1998). See Phase II 220 MHz Service Auction Closes, Public Notice, 14 FCC Rcd 605 (1998). See Phase II 220 MHz Service Spectrum Auction Closes, Public Notice, 14 FCC Rcd 11218 (1999). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Alvarez Letter 1999. ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29, 1996,'' Public Notice, 11 FCC Rcd 18599 (WTB 1996). Id. See ``Correction to Public Notice DA 96-586
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  • at 11068-70, at paras. 291-95. Id. at 11068-70, para. 291. See letter to D. Phythyon, Chief, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Jan. 6, 1998). See generally 220 MHz Service Auction Closes, Public Notice, 14 FCC Rcd 605 (1998). Phase II 220 MHz Service Spectrum Auction Closes, Public Notice, 14 FCC Rcd 11218 (1999). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Alvarez Letter 1999. ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29, 1996,'' Public Notice, 11 FCC Rcd 18599 (WTB 1996). Id. See ``Correction to Public Notice DA 96-586
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  • Public Notice, 22 FCC Rcd 3404 (2007). See Auction of Phase II 220 MHz Service Spectrum Licenses Closes, Winning Bidders Announced for Auction 72, Down Payments due July 18, 2007, FCC Forms 601 and 602 due July 18, 2007, Final Payments due August 1, 2007, Ten-Day Petition to Deny Period, Public Notice, 22 FCC Rcd 11573 (2007). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. Id. See Alvarez Letter 1999. FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29, 1996, Public Notice, 11 FCC Rcd 18599 (WTB 1996). Id. See Correction to Public Notice DA 96-586, FCC Announces Winning Bidders in
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  • 11068-70, paras. 291-95. See Letter to D. Phythyon, Chief, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Jan. 6, 1998) (Alvarez to Phythyon Letter 1998). See ``Phase II 220 MHz Service Auction Closes,'' Public Notice, 14 FCC Rcd 605 (1998). See ``Phase II 220 MHz Service Spectrum Auction Closes,'' Public Notice, 14 FCC Rcd 11218 (1999). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Letter from Aida Alvarez, Administrator, SBA, to Thomas Sugrue, Chief, Wireless Telecommunications Bureau, FCC (Aug. 10, 1999) (Alvarez Letter 1999). ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29,
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  • at 11068-70, at paras. 291-95. Id. at 11068-70, para. 291. See letter to D. Phythyon, Chief, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Jan. 6, 1998). See generally 220 MHz Service Auction Closes, Public Notice, 14 FCC Rcd 605 (1998). Phase II 220 MHz Service Spectrum Auction Closes, Public Notice, 14 FCC Rcd 11218 (1999). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Alvarez Letter 1999. ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29, 1996,'' Public Notice, 11 FCC Rcd 18599 (WTB 1996). Id. See ``Correction to Public Notice DA 96-586
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  • the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain SBA approval before adopting small business size standards). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 15 FCC Rcd 18026 (2000). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 16 FCC Rcd 4590 (WTB 2001). 47 C.F.R. §§90.810, 90.814(b), 90.912. 47 C.F.R. §§90.810, 90.814(b), 90.912. See Alvarez Letter 1999. See ``Correction to Public Notice DA 96-586 `FCC Announces Winning Bidders in the Auction of 1020 Licenses to Provide 900 MHz SMR in Major Trading Areas,''' Public Notice, 18 FCC Rcd 18367 (WTB 1996). See ``Multi-Radio Service Auction Closes,'' Public Notice, 17 FCC Rcd 1446 (WTB 2002). See ``800
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  • of Firms for the United States: 2007 NAICS Code 517210'' (issued Nov. 2010). Id. Available census data do not provide a more precise estimate of the number of firms that have 1,500 or fewer employees; the largest category provided is for firms with ``100 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Letter from Aida Alvarez, Administrator, SBA, to Thomas Sugrue, Chief, Wireless Telecommunications Bureau, FCC (Aug. 10, 1999) (Alvarez Letter 1999). ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29,
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  • See id. at 11068-70, paras. 291-95. See Letter from Aida Alvarez, SBA to D. Phythyon, Wireless Telecommunications Bureau, FCC (Jan. 6, 1998)(Alvarez to Phythyon 1998 Letter). See Phase II 220 MHz Service Auction Closes, Public Notice, 14 FCC Rcd 605 (1998). See Phase II 220 MHz Service Spectrum Auction Closes, Public Notice, 14 FCC Rcd 11218 (1999). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. Id. See Letter from Aida Alvarez, SBA, to Thomas Sugrue, Wireless Telecommunications Bureau, FCC (Aug. 10, 1999) (1999 Alvarez Letter). FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29, 1996, Public Notice, 11 FCC Rcd 18599
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  • 11068-70, paras. 291-95. See Letter to D. Phythyon, Chief, Wireless Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Jan. 6, 1998) (Alvarez to Phythyon Letter 1998). See ``Phase II 220 MHz Service Auction Closes,'' Public Notice, 14 FCC Rcd 605 (1998). See ``Phase II 220 MHz Service Spectrum Auction Closes,'' Public Notice, 14 FCC Rcd 11218 (1999). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Letter from Aida Alvarez, Administrator, SBA, to Thomas Sugrue, Chief, Wireless Telecommunications Bureau, FCC (Aug. 10, 1999) (Alvarez Letter 1999). ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29,
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  • Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain SBA approval before adopting small business size standards). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 15 FCC Rcd 18026 (2000). See ``700 MHz Guard Bands Auction Closes: Winning Bidders Announced,'' Public Notice, 16 FCC Rcd 4590 (WTB 2001). 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Alvarez Letter 1999. See 900 MHz Specialized Mobile Radio Service Spectrum Auction Closes: Winning Bidders Announced,'' Public Notice, 19 FCC Rcd. 3921 (WTB 2004). See ``Correction to Public Notice DA 96-586 `FCC Announces Winning Bidders in the Auction of 1020 Licenses to Provide 900 MHz SMR in Major Trading Areas,''' Public
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  • of Firms for the United States: 2007 NAICS Code 517210'' (issued Nov. 2010). Id. Available census data do not provide a more precise estimate of the number of firms that have 1,500 or fewer employees; the largest category provided is for firms with ``100 employees or more.'' See Trends in Telephone Service at Table 5.3. See id. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. 47 C.F.R. §§ 90.810, 90.814(b), 90.912. See Letter from Aida Alvarez, Administrator, SBA, to Thomas Sugrue, Chief, Wireless Telecommunications Bureau, FCC (Aug. 10, 1999) (Alvarez Letter 1999). ``FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas: Down Payments due April 22, 1996, FCC Form 600s due April 29,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • and 47 C.F.R. § 24.704 (bid withdrawal rule applicable to broadband PCS auctions). 350 47 C.F.R. § 1.2105(c). 351 See generally 47 C.F.R. § 1.2110. Special provisions also have been adopted to aid "designated entities" in connection with spectrum auctions for particular services. See, e.g., 47 C.F.R. § 24.309 (narrowband PCS); 47 C.F.R. § 24.709 (broadband PCS); 47 C.F.R. § 90.810 et seq. (900 MHz SMR). 352 See Amendment of Part 1 of the Commission's Rules, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, WT Docket No. 97-82, FCC 97-60 (rel. Feb. 28, 1997). Federal Communications Commission FCC 99-204 80 8. FTS2000 181. The contract for providing telecommunications services to the United States government -- called FTS2000 --
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  • 26 Id. at 1533, ¶ 61. 27 Id. at 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
• http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
  • revenues not to exceed $3 million for the preceding three 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
• http://wireless.fcc.gov/auctions/07/releases/da970140.pdf http://wireless.fcc.gov/auctions/07/releases/da970140.txt http://wireless.fcc.gov/auctions/07/releases/da970140.wp
  • commenced on December 5, 1995. Public Notice, Mimeo No. 60654, released Nov. 13, 1995, announced a change in the start of the auction to December 4, 1995, in the event of a government-wide shutdown. A further Public Notice, released Nov. 20, 1995, announced that the auction would commence on December 5, 1995. 47 C.F.R. § 90.814. 5 47 C.F.R. §§ 90.810 and 90.812. Under the rules, an entity having no more than $3 million in gross revenues 6 was entitled to: (i) use a bidding credit of 15 percent to lower the cost of its winning bid; (ii) make interest-only payments for five years, with interest to accrue at the U.S. Treasury note rate, and payments of interest and principal to
• http://wireless.fcc.gov/auctions/07/releases/da970141.pdf http://wireless.fcc.gov/auctions/07/releases/da970141.txt http://wireless.fcc.gov/auctions/07/releases/da970141.wp
  • on December 5, 1995. Public Notice, Mimeo No. 60654, released Nov. 5 13, 1995, announced a change in the start of the auction to December 4, 1995, in the event of a government-wide shutdown. A further Public Notice, released Nov. 20, 1995, announced that the auction would commence on December 5, 1995. 47 C.F.R. § 90.814. 6 47 C.F.R. §§ 90.810 and 90.812. Under the rules, an entity having no more than $3 million in gross revenues 7 was entitled to: (i) use a bidding credit of 15 percent to lower the cost of its winning bid; (ii) make interest-only payments for the first five years of the license term, with interest to accrue at the U.S. Treasury note rate, and
• http://wireless.fcc.gov/auctions/07/releases/da980922.pdf http://wireless.fcc.gov/auctions/07/releases/da980922.txt http://wireless.fcc.gov/auctions/07/releases/da980922.wp
  • its status from that of a small business with gross revenues of not more than $15 million, to one with gross revenues of not more than $3 Federal Communications Commission DA 98-922 See 47 C.F.R. § § 90.814(b)(1)(i), (ii). The requested change in status would provide ClearCall with certain 4 financial benefits under our rules. See 47 C.F.R. § § 90.810, 90.812. Letter to Terry J. Romine, Esq. and Pamela Gaary, Esq., counsel for ClearCall, from Kathleen O'Brien Ham, Chief, 5 Auctions Division, Wireless Telecommunications Bureau (July 30, 1996). On May 11, 1997, the Auctions Division was redesignated the Auctions & Industry Analysis Division. 6 The Bureau decided that modification of an applicant's small business status to provide it with a
• http://wireless.fcc.gov/auctions/07/releases/fc990189.pdf http://wireless.fcc.gov/auctions/07/releases/fc990189.txt http://wireless.fcc.gov/auctions/07/releases/fc990189.wp
  • commenced on December 5, 1995. Public Notice, Mimeo No. 60654, released Nov. 13, 1995, announced a change in the start of the auction to December 4, 1995, in the event of a government-wide shutdown. A further Public Notice, released Nov. 20, 1995, announced that the auction would commence on December 5, 1995. 47 C.F.R. § 90.814. 4 47 C.F.R. §§ 90.810 and 90.812. Under the rules, an entity having not more than $3 million in gross revenues was 5 entitled to: (i) use a bidding credit of 15 percent to lower the cost of its winning bid; and (ii) make interest-only payments for five years, with interest to accrue at the U.S. Treasury note rate, and payments of interest and principal
• http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
  • 900 MHz SMR subject to competitive bidding. 90.802 Competitive bidding design for 900 MHz SMR licensing. 90.803 Competitive bidding mechanisms. 90.804 Aggregation of 900 MHz SMR licenses. 90.805 Withdrawal, default and disqualification payments. 90.806 Bidding application (FCC Form 175 and 175-S Short-form). 90.807 Submission of upfront payments and down payments. 90.808 Long-form applications. 90.809 License grant, denial, default, and disqualification. 90.810 Bidding credits for small businesses. 90.811 Reduced down payment for licenses won by small businesses. 90.812 Installment payments for licenses won by small businesses. 90.813 Procedures for partitioned licenses. 90.814 Definitions. 90.815 Eligibility for small business status § 90.801 900 MHz SMR subject to competitive bidding. Mutually exclusive initial applications to provide 900 MHz SMR service are subject to competitive
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf
  • Entities Note: Since a winner may be in more than one category and categories are not mutually exclusive, percentages will not total 100%. Minority-Women Owned Rural Telco Women Owned Minority Owned Small Business 0 500 1,000 1,500 2,000 2,500 Total Licenses = 4,368 FCC REPORT TO CONGRESS ON SPECTRUM AUCTIONS PAGE 28 the designated entity preferences. See 47 C.F.R. §§ 90.810(a), 90.812(a), 90.814(b). 47 has been examining market barriers facing small businesses in the communications industry and unique barriers faced by minority- and women-owned businesses. This ongoing analysis will help the FCC to develop rules and practices to meet Congress' intent of widespread dissemination of licenses. The Commission has developed its small business incentives based on eligibility requirements tailored to each
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=55
  • for a term not to exceed ten years. Build Out Requirements: 1/3 of service area population in 3 years; 2/3 of service area population in 5 years. Alternatively, at the five year mark, submit a showing of "substantial service." See 47 C.F.R. 90.665(c). Bidding Credits Bidding credits are available to small businesses or consortia thereof, as defined in 47 C.F.R. 90.810 and 90.814. A bidding credit is a payment discount on a winning bid determined at the conclusion of the bidding process. 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
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • disaggregating spectrum, including the related matters of 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,87 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); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i);88 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).89 16. 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,90 and the long-form application, which is filed by the winning
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • term, a licensee applies to assign or transfer control of a license to an entity that is eligible for a lower bidding credit, the difference between the bidding credit obtained by the assigning party and the bidding credit for which the acquiring party would Federal Communications Commission FCC 97-413 47 C.F.R. §§ 24.712(b)(2), 24.717(c)(2). 132 See, e.g., 47 C.F.R. § 90.810(b)(1) (SMR). 133 See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, 134 Report and Order and Further Notice of Proposed Rule Making , 11 FCC Rcd 21831 at 21851, ¶¶ 31-36, 55 (1996) ("Partitioning and Disaggregation Report and Order"). Id. 135 Pocket Comments at 6; Ericsson Reply Comments at 4. 136 33 qualify must be paid as
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • bidding rules), and 47 C.F.R. § 24.704 (bid withdrawal rule applicable to broadband PCS auctions). 47 C.F.R. § 1.2105(c). See generally 47 C.F.R. § 1.2110. Special provisions also have been adopted to aid "designated entities" in connection with spectrum auctions for particular services. See, e.g., 47 C.F.R. § 24.309 (narrowband PCS); 47 C.F.R. § 24.709 (broadband PCS); 47 C.F.R. § 90.810 et seq. (900 MHz SMR). See Amendment of Part 1 of the Commission's Rules, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, WT Docket No. 97-82, FCC 97-60 (rel. Feb. 28, 1997). Mitretek ex parte meeting at the Federal Communications Commission, Washington, DC, Aug. 12, 1997, discussion with Robert R. Menna and David A. Garbin (dgarbin@mitretek.org). (Mitretek
• http://www.fcc.gov/ogc/documents/opinions/2003/01-1392.pdf
  • credits would affect the integrity of the auction by altering one of its ``core circumstances.'' The Commission responds that the new entrant bidding credit does not depend upon an applicant's ``size'' but upon its other attributable media interests; the ``size'' criterion applies only to the ``small business bidding credit,'' which is based upon the bidder's revenues. See 47 C.F.R. §§ 90.810, 90.814. The Commission points out that the definition of a ``major amendment'' in the regulation, which predates the introduc- tion of the new entrant bidding credit, refers only to certain changes in ownership, certain changes in size, and changes in the intended service areas. 16 F.C.C. Rcd. 12061 ¶ 25. Be- cause the loan from Cumulus did not effect a