FCC Web Documents citing 90.910

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1100A1.txt
  • See 47 C.F.R. § 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. §§ 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at ¶ 142. See also 47 C.F.R. §§ 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(4). See also Ellis Thompson Corp., 10 FCC Rcd. 12554, 12555-56 (1994), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1388A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1388A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1388A1.txt
  • See 47 C.F.R. § 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. §§ 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at ¶ 142. See also 47 C.F.R. §§ 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(4). See also Ellis Thompson Corp., 10 FCC Rcd. 12554, 12555-56 (1994), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2752A5.txt
  • (202) 418-1460. Note: There is no need to include an Exhibit B if the applicant responded "No" to Questions 40 through 44. Exhibit C: Designated Entities Pursuant to Commission rules, 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. See 47 C.F.R. §§ 90.910(a), 1.2110(e)(2)(i), (ii). Small businesses and very small businesses are defined in 47 C.F.R. § 90.912(b). Applicants that are not claiming eligibility for bidding credits as a designated entity do not need to submit Exhibit C. We nonetheless note that we are interested in the status of applicants as rural telephone companies, or as minority-owned or women-owned businesses for statistical purposes.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.txt
  • Telecommunications 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
• 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
  • 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) to assist the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • 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) to assist the Commission
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
  • governing the use of competitive bidding to choose among mutually exclusive 800 MHz SMR applicants. Need: These rules are needed to provide a framework for auctions. Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). Section Number and Title: 90.901 800 MHz SMR spectrum subject to competitive bidding. 90.903 Competitive bidding mechanisms. 90.904 Aggregation of EA licenses. 90.909 License grants. 90.910 Bidding credits. 90.911 Partitioned licenses and disaggregated spectrum. 90.912 Definitions. 90.913 Record maintenance and definitions. PART 95 - PERSONAL RADIO SERVICES SUBPART B - FAMILY RADIO SERVICE (FRS) Brief Description: The part 95 rules govern the Personal Radio Services, including the General Mobile Radio Service, Family Radio Service, Radio Control Radio Service, Citizens Band Radio Service, 218-219 MHz Service, Low
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.txt
  • as a ``very small business'' for a 35 percent bidding credit. For purposes of the 800 MHz SMR licenses available in Auction No. 34, a very small business was defined as an entity that, together with it affiliates and controlling interests, had average gross revenues that were not more than $3 million for the preceding three years. 47 C.F.R. § 90.910(a). ULS File No. 0000233574, Exhibit F (citing 47 C.F.R. § 1.2107(c)) (``Long-form Waiver Request''). This request was attached to Silver Palm's long-form application. Long-form Waiver Request at 1. Silver Palm Communications, Inc., Order, 17 FCC Rcd.6606 (CWD 2002) (``Long-form Waiver Order''). Id. at 6607 ¶ 8. Wireless Telecommunications Bureau Announces It Is Prepared to Grant 800 MHz Specialized Mobile Radio
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  • § 95.816(g). 218-219 MHz Order, 15 FCC Rcd at 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.
• 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
  • their successors in interest) shall maintain such files for the term of the license. (b) Definitions. The term small business used in this section is defined in § 90.814. 41. Amend § 90.901 by revising the section heading to read as follows: § 90.901 800 MHz SMR spectrum subject to competitive bidding. * * * * * 42. Revise § 90.910 to read as follows: § 90.910 Bidding credits. A winning bidder that qualifies as a very small business, as defined in § 90.912(b)(2), or a consortium of very small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid on Spectrum Blocks A through V. A winning bidder that qualifies as a small
• http://wireless.fcc.gov/auctions/00a/releases/fc020130.pdf http://wireless.fcc.gov/auctions/00a/releases/fc020130.txt
  • MHz Order, 15 FCC Rcd at 1533-34 ¶¶ 60-61. 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.
• 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
  • such entity and their affiliates, has average annual gross 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);
• http://wireless.fcc.gov/auctions/16/releases/da971672.pdf http://wireless.fcc.gov/auctions/16/releases/da971672.txt http://wireless.fcc.gov/auctions/16/releases/da971672.wp
  • any given time to 45 MHz. See 47 C.F.R. §§ 20.3-20.9. SMR licensees will be permitted to partition their service areas into smaller geographic service areas and to disaggregate their spectrum into smaller blocks. See 47 C.F.R § 90.911. B. Special Financial Provisions for Qualifying Small Businesses Qualifying small business applicants are eligible for bidding credits. See 47 C.F.R § 90.910. This auction does not offer installment payments for small business applicants. (1) Definitions of Small Businesses The Commission defined the small business definitions for the 800 MHz SMR as: A "small business" is defined as an entity with average gross revenues that do not exceed $15 million for the preceding three years. A "very small business" is defined as an
• http://wireless.fcc.gov/auctions/16/releases/da972583.pdf http://wireless.fcc.gov/auctions/16/releases/da972583.txt http://wireless.fcc.gov/auctions/16/releases/da972583.wp
  • of Interest: Identify each foreign owner's percentage of ownership in the applicant. Item (2) Country of Origin and Address: List each foreign owner's country of origin and principal place of business. 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 Section 90.910, small businesses and very small businesses are eligible for bidding credits of 25 percent and 35 percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Section 90.912. Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. If applying for a bidding credit, attach
• http://wireless.fcc.gov/auctions/16/releases/fc990270.pdf http://wireless.fcc.gov/auctions/16/releases/fc990270.txt http://wireless.fcc.gov/auctions/16/releases/fc990270.wp
  • v. Virginia, 518 U.S. 515 (1996) (Reviewing the single-sex admission policy of the Virginia 249 Military Institute, the Supreme Court held that gender-based government action is subject to the intermediate scrutiny standard of review); see also J.E.B. v. Alabama ex. re. T.B., 511 U.S. 127 (1994); Mississippi University for Women v. Hogan, 458 U.S. 718 (1982). See 47 C.F.R. § 90.910. 250 SBT Petition at 18. SBT also contends that the Commission's failure to obtain approval of the small business 251 size standards for the lower 80 and General Category channels tolls the effectiveness of the 800 MHz Second Report and Order. SBT Supplement to Petition at 3. We disagree. First, SBT cites no authority, and we know of none, that
• http://wireless.fcc.gov/auctions/34/releases/da001100.doc http://wireless.fcc.gov/auctions/34/releases/da001100.pdf http://wireless.fcc.gov/auctions/34/releases/da001100.txt
  • See 47 C.F.R. § 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. §§ 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at ¶ 142. See also 47 C.F.R. §§ 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(4). See also Ellis Thompson Corp., 10 FCC Rcd. 12554, 12555-56 (1994), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of
• http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
  • (202) 418-1460. Note: There is no need to include an Exhibit B if the applicant responded "No" to Questions 40 through 44. Exhibit C: Designated Entities Pursuant to Commission rules, 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. See 47 C.F.R. §§ 90.910(a), 1.2110(e)(2)(i), (ii). Small businesses and very small businesses are defined in 47 C.F.R. § 90.912(b). Applicants that are not claiming eligibility for bidding credits as a designated entity do not need to submit Exhibit C. We nonetheless note that we are interested in the status of applicants as rural telephone companies, or as minority-owned or women-owned businesses for statistical purposes.
• http://wireless.fcc.gov/auctions/36/releases/da001388.doc http://wireless.fcc.gov/auctions/36/releases/da001388.pdf http://wireless.fcc.gov/auctions/36/releases/da001388.txt
  • See 47 C.F.R. § 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. §§ 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at ¶ 142. See also 47 C.F.R. §§ 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(4). See also Ellis Thompson Corp., 10 FCC Rcd. 12554, 12555-56 (1994), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • Telecommunications 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
• http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
  • Telecommunications 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
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 9. 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
  • See 47 C.F.R. § 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. §§ 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at ¶ 142. See also 47 C.F.R. §§ 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(4). See also Ellis Thompson Corp., 10 FCC Rcd. 12554, 12555-56 (1994), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
  • See 47 C.F.R. § 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. §§ 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. § 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at ¶ 142. See also 47 C.F.R. §§ 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at 47 C.F.R. § 1.2110(b)(4). See also Ellis Thompson Corp., 10 FCC Rcd. 12554, 12555-56 (1994), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of