FCC Web Documents citing 90.912

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

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  • strategies. Small Business Bidding Credits (Form 175 Exhibit C) In the 800 MHz Second Report and Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 800 MHz bands. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 90.912(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
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  • Business Bidding Credits (Form 175 Exhibit C) In the 800 MHz Second Report and Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 800 MHz SMR Lower Bands. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 90.912(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
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  • 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. In order to demonstrate eligibility for designated entity status, applicants must upload a file, select
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  • See In the Matter of Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15324 (2000) ¶ 59 & n.194 (citing 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS)). See 47 C.F.R. §§ 1.2104(g), 1.2109(b). See 47 C.F.R. §§ 1.2109(b), 1.2104(g). The default payment amount, in the event a bidding credit applies, is calculated on the difference between the net bid amounts or the gross bid amounts, whichever is
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  • bidders are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Eligibility Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits are available to small and very small business, or consortia, thereof, as defined in 47 C.F.R. § 90.1021 for Phase II 220 MHz, 47 C.F.R. § 90.912 for 800 MHz SMR, and 47 C.F.R. § 90.1103 for LMS. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of
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  • 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 interests, has average gross revenues that are not more than $15 million for the preceding three years. See 47 C.F.R. §§ 1.2110(f)(2)(ii), 90.912(b)(1). Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§
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  • Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) 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
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  • Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) 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
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  • the Matter of Improving Public Safety in the 800 MHz Band; Consolidating the 900 MHz Industrial/Land Transportation and Business 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,
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  • the Matter of Improving Public Safety in the 800 MHz Band; Consolidating the 900 MHz Industrial/Land Transportation and Business 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,
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  • 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 Power Radio Service, Wireless Medical Telemetry Service, Medical Implant
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  • Rcd at 1945-46 ¶ 9. Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd at 10185-186 ¶¶ 8-9. However, to the extent that the officers and directors of the applicant are controlling interest holders of other entities, the gross revenues of those entities will be attributed to the applicant. 47 C.F.R. §1.2110(c)(6). 47 C.F.R. §§ 90.912, 90.1021, and 90.1103. 47 C.F.R. § 1.2110(b)(3)(i). The CSEA/Part 1 Report and Order modified the procedure by which a consortium that is a winning bidder will apply for a license. See CSEA/Part 1 Report and Order, 21 FCC Rcd at 911-912 ¶¶ 51-52. Applicants applying as consortia should review the CSEA/Part 1 Report and Order and sections 1.2107(g) and 1.2110(b)(3)
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  • to 47 C.F.R. § 1.2110). Second Notice, 13 FCC Rcd at 477, ¶ 183. Id. at 477, ¶ 185. Id. at 477-478, ¶ 185. Id. at 478, ¶ 186. See 47 C.F.R. § 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. § 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz service); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, ¶ 9, (1994) ("Ellis Thompson"), 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
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  • 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 business, as defined in § 90.912(b)(1), or a consortium of small businesses may use a bidding credit of 25 percent to lower the
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  • from Philip Lader, Administrator, Small Business Administration (July 24, 1996). See Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Second Report and Order, FCC 97-223, PR Docket No. 93-144, 12 FCC Rcd 19079, ¶ 141 (1997) (800 MHz Second Report and Order); see also 47 C.F.R. § 90.912(b). Id. Id. See Letter from Aida Alvarez, Administration, Small Business Administration to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (Oct. 27, 1997)(Upper 200 channels). See Letter from Aida Alvarez, Administrator, Small Business Administration to Thomas Sugrue, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (Aug. 10, 1999)(applying the size standards approved in SBA's
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  • from Philip Lader, Administrator, Small Business Administration (July 24, 1996). See Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Second Report and Order, FCC 97-223, PR Docket No. 93-144, 12 FCC Rcd 19079, ¶ 141 (1997) (800 MHz Second Report and Order); see also 47 C.F.R. § 90.912(b). Id. Id. See Letter from Aida Alvarez, Administration, Small Business Administration to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (Oct. 27, 1997)(Upper 200 channels). See Letter from Aida Alvarez, Administrator, Small Business Administration to Thomas Sugrue, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (Aug. 10, 1999)(applying the size standards approved in SBA's
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  • 97-60, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5702 ¶ 26 (1997) (``Part 1 Order''). 47 C.F.R. § 90.814(g) (2001); see Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See, e.g., 47 C.F.R. §§ 1.948, 1.2105, 1.2110, 1.2112, 20.6, 21.38, 22.223, 22.225. See, e.g., id. §§ 1.2110, 22.223, 27.210, 90.814, 90.912, 90.1021, 101.1109. See Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See generally Part 1 Fifth Report and Order, 15 FCC Rcd at 15293. Id. at 15323 ¶ 59. 47 C.F.R. § 1.2110(c)(2). Id. Id. In Ellis Thompson, the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2)
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  • 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 `FCC Announces
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  • 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 Notice, 18
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  • 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 `FCC Announces
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  • 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 `FCC Announces
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  • supra; 13 C.F.R. §§ 121.101 - 121.201. , supra. 13 C.F.R. § 121.107. To be a small business concern, entities must meet the definition and requirements of a ``business concern'' as established by the SBA. See 13 C.F.R. § 121.105. 13 C.F.R. § 121.105(a)(1). See 13 C.F.R. §§ 121.103, 121.104, 121.106. See 47 C.F.R. § 1.2110(f)(2). See 47 C.F.R. § 90.912(b) (defining very small business for 800 MHz SMR spectrum licenses as entities, together with affiliates, with average gross revenue over the preceding three years not to exceed $3 million); 47 C.F.R. § 24.720(b) (defining very small business for PCS Block F spectrum licenses as entities, together with affiliates, with average gross revenue over the preceding three years not to exceed
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  • 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, 1996,'' Public
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  • 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 `FCC Announces
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.txt
  • 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 MHz Specialized
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-25A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-25A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-25A1.txt
  • 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, 1996,'' Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-46A1.txt
  • 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 (Wireless Tel.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-47A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-47A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-47A1.txt
  • 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, 1996,'' Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.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 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 Notice, 18
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-55A1.txt
  • 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, 1996,'' Public
• http://wireless.fcc.gov/auctions/02/releases/smo96330.pdf http://wireless.fcc.gov/auctions/02/releases/smo96330.txt http://wireless.fcc.gov/auctions/02/releases/smo96330.wp
  • opportunities for women- and minority-owned businesses to participate in spectrum-based Omnipoint, slip op. at 17. 122 Second Report and Order, 9 FCC Rcd 2348 at ¶ 271. 123 Id. 124 See 47 C.F.R. § 95.816(d). 125 See 47 C.F.R. § 24.720 (broadband PCS); 47 C.F.R. § 24.320 (narrowband PCS); 47 C.F.R. § 90.814(b)(1) (900 126 MHz SMR); 47 C.F.R. § 90.912(b) (800 MHz SMR). 29 services against our statutory duties to facilitate the rapid delivery of new services to the American consumer and promote efficient use of the spectrum, we tentatively conclude that we should not contribute any further delays to the IVDS auction by postponing the auction to adduce sufficient evidence to support our race- and gender-based IVDS provisions. While
• 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
  • relevant period, gross revenues shall be evidenced by the audited financial statements of the entity's predecessor-in-interest or, if there is no identifiable predecessor-in-interest, unaudited financial statements certified by the applicant as accurate. When an applicant does not otherwise use audited financial statements, its gross revenues may be certified by its chief financial officer or its equivalent. See 47 C.F.R §§ 90.912-13. In determining whether an entity qualifies as a small business at either threshold, gross revenues of all "controlling" principals will be attributed to the prospective small business applicant, as well as the gross revenues of affiliates of the applicant. However, personal net worth is not included in the determination of eligibility for bidding as a small business. The term "control"
• 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
  • `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 and label as "Exhibit C: Designated Entities" a document or series of documents that identifies the gross revenues for three calendar or fiscal years preceding the filing of the applicant's FCC Form 175 based on audited financial
• 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
  • enhance the competitive potential of wide-area SMR providers"). See 47 C.F.R. § 90.911. 33 Id. We disagree with SBT's arguments that small businesses do not benefit from our partitioning and 34 disaggregation rules simply because these rules permit all licensees to partition or disaggregate. See SBT Petition at 7. See SBT Petition at 7, n.5. 35 See 47 C.F.R. §§ 90.912, 90.913. 36 See 47 C.F.R. § 90.912. 37 800 MHz First Report and Order, 11 FCC Rcd at 1521, ¶ 104. 38 Id. at 1529, ¶ 120. 39 Id. at 1529, ¶ 121. 40 10 technological applications and innovation. Single channel licensing would not foster the kind of 32 technological advancements that would allow SMR licensees, which typically operate multichannel
• 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
  • strategies. Small Business Bidding Credits (Form 175 Exhibit C) In the 800 MHz Second Report and Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 800 MHz bands. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 90.912(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
• http://wireless.fcc.gov/auctions/36/releases/d002752d.doc http://wireless.fcc.gov/auctions/36/releases/d002752d.txt
  • 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. In order to demonstrate eligibility for designated entity status, applicants must upload a file, select
• 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
  • Business Bidding Credits (Form 175 Exhibit C) In the 800 MHz Second Report and Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 800 MHz SMR Lower Bands. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 90.912(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
  • reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. D. Eligibility 1. Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits are available to small and very small business, or consortia, thereof, as defined in 47 C.F.R. § 90.1021 for Phase II 220 MHz, 47 C.F.R. § 90.912 for 800 MHz SMR, and 47 C.F.R. § 90.1103 for LMS. A bidding credit represents the amount by which a bidder's winning bids are discounted.47 The size of the bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • 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 interests, has average gross revenues that are not more than $15 million for the preceding three years. See 47 C.F.R. §§ 1.2110(f)(2)(ii), 90.912(b)(1). Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§
• http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
  • 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 interests, has average gross revenues that are not more than $15 million for the preceding three years. See 47 C.F.R. §§ 1.2110(f)(2)(ii), 90.912(b)(1). Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=34
  • the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. section 90.685). Bidding Credits Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as set forth in 47 C.F.R. 90.912. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: * A bidder with average gross revenues of not more than $15 million for the preceding three years receives a
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=36
  • the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. section 90.685). Bidding Credits Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as set forth in 47 C.F.R. 90.912. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates * A bidder with average gross revenues of not more than $15 million for the preceding three years receives a
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=43
  • SMR- Licenses are issued for a ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 90.685) Bidding Credits Bidding credits are available to small businesses or consortia thereof, (as defined in 47 C.F.R. 1.2110(c), 90.912 for 800 MHz SMR and 90.1021 for Phase II 220 MHz. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: * A
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • of the Commission's rules,77 are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8).78 We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with 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
• http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • to 47 C.F.R. § 1.2110). Second Notice, 13 FCC Rcd at 477, ¶ 183. Id. at 477, ¶ 185. Id. at 477-478, ¶ 185. Id. at 478, ¶ 186. See 47 C.F.R. § 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. § 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz service); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, ¶ 9, (1994) ("Ellis Thompson"), 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
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00116.doc
  • note that the TRS Worksheet data track PCS licensees in the reporting category "Cellular or Personal Communications Service Carrier." As noted supra in the paragraph regarding cellular carriers, according to the most recent data, there are 804 carriers reporting that they place themselves in this category. (8) Specialized Mobile Radio ("SMR") Licensees 143. Pursuant to 47 C.F.R. §§ 90.814(b)(1) and 90.912(b)(1), the Commission has defined small entity in auctions for geographic area 800 MHz and 900 MHz SMR licenses as a firm that had average annual gross revenues of less than $15 million in the three previous calendar years. This definition of a small entity in the context of 800 MHz and 900 MHz SMR has been approved by the SBA.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99229.pdf
  • adopted definitions for small entities in connection with the auction of particular wireless licenses, we discuss those definitions below. 35 Carrier Locator at Fig. 1. 36 47 C.F.R. § 24.720(b)(1). 37 Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5581-84 (1994). 38 47 C.F.R. §§ 90.814(b)(1) and 90.912(b)(1). See Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the Specialized Mobile Radio Pool, PR Docket No. 89-583, Second Order on Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2693-702 (1995); Amendment
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • to 47 C.F.R. § 1.2110). Second Notice, 13 FCC Rcd at 477, ¶ 183. Id. at 477, ¶ 185. Id. at 477-478, ¶ 185. Id. at 478, ¶ 186. See 47 C.F.R. § 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. § 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz service); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, ¶ 9, (1994) ("Ellis Thompson"), 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
  • strategies. Small Business Bidding Credits (Form 175 Exhibit C) In the 800 MHz Second Report and Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 800 MHz bands. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 90.912(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
  • Business Bidding Credits (Form 175 Exhibit C) In the 800 MHz Second Report and Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 800 MHz SMR Lower Bands. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 90.912(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
• http://www.fcc.gov/fcc-bin/audio/FCC-04-222A8.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-222A8.pdf
  • from Philip Lader, Administrator, Small Business Administration (July 24, 1996). See Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Second Report and Order, FCC 97-223, PR Docket No. 93-144, 12 FCC Rcd 19079, ¶ 141 (1997) (800 MHz Second Report and Order); see also 47 C.F.R. § 90.912(b). Id. Id. See Letter from Aida Alvarez, Administration, Small Business Administration to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (Oct. 27, 1997)(Upper 200 channels). See Letter from Aida Alvarez, Administrator, Small Business Administration to Thomas Sugrue, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission (Aug. 10, 1999)(applying the size standards approved in SBA's