FCC Web Documents citing 95.816

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

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  • Communications Act - Competitive Bidding, Fourth Report and Order, 9 FCC Rcd 2330, 2336 (1994). In the Matter of Amendment of Part 95 of the Commission's Rules To Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497, 1559 (1999) (218-219 MHZ Report and Order); see also 47 C.F.R. § 95.816(c)(1). 218-219 MHz Report and Order, 15 FCC Rcd at 1559-1560; see also 47 C.F.R. § 95.816(c)(2). See Letter to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration (Jan. 6, 1998). See Notice of Proposed Rulemaking, supra, ¶¶ 4-11. See id., ¶ 9. (...continued from previous page) (continued....) Federal Communications Commission FCC
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  • Cir. 1997)). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949 (1997) and AMTS Fourth R&O and Third NPRM, 15 FCC Rcd 22585 (2000). See 218-219 MHz Order, 15 FCC Rcd at 1558-1560 ¶¶ 116-121. See also 47 C.F.R. § 95.816. See Reallocation Report and Order at ¶¶ 22-26. See also supra note 27. See supra ¶¶ 29-33; 47 U.S.C. § 309(j)(3). See supra ¶ 31. See Reallocation Report and Order at ¶¶ 46-58. See also supra ¶ 26. See Pub. L. 106-180, 114 Stat. 48 § 647 (codified at 47 U.S.C. § 647) (ORBIT Act). Section 647 provides: ``Notwithstanding any
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  • Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 (1994) (Competitive Bidding Second Report and Order). See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id. 47 C.F.R. §§ 1.2110(e), 95.816(d)(2)(1994). 47 C.F.R. §§ 95.816(c)(4), 1.2107(b), and 1.2110(e)(2)(1994). Id. See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id; see 47 C.F.R. § 1.2107(b)(1994). See Public Notice, Interactive Video and Data Service (IVDS) Applications to be Granted February
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  • Opinion and Order, 9 FCC Rcd. 1309 (1994) (``PCS MO&O''). The auction for the 218-219 MHz Service was held on July 28 and 29, 1994 (Auction No. 2). The auction of regional narrowband PCS licenses began on October 26, 1994, and closed on November 8, 1994 (Auction No. 3). 47 U.S.C. § 309 (j)(4)(D); see also, 47 C.F.R. §§ 24.309, 95.816 (1994). Competitive Bidding Fourth Report and Order, 9 FCC Rcd. 2330, at 2336, ¶ 36 (eligible IVDS bidders could use installment financing and bidding credits); see also, Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Third Report and Order, 9 FCC Rcd. 2941, at 2970, 2978, ¶ 72, 86 (adopting service-specific rules for
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  • See In the Matter of Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-169, RM-8951, (rel. Sept. 10, 1999) at 3, ¶2. (218-219 MHz Order). See id. at ¶ 37. See id. at ¶ 38. 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). See also Mountain Solutions v. FCC, No. 98-1503 (D.C. Cir. Dec. 3, 1999), upholding the Commission's decision, in a PCS licensing matter, to deny a waiver of its rule requiring a winning bidder to timely submit both its first and second down payment in order to retain its license. See 47
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  • the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-169, RM-8951, (rel. Sept. 10, 1999) at 3, ¶2. (``218-219 MHz Order''). See Id. at ¶31. See Id. at ¶37. See Generally Id. at ¶¶ 26-33. 218-219 MHz Order at ¶ 54. 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). See also Mountain Solutions v FCC, 197 F.3rd 512 (D.C. Cir. 1999), upholding the Commission's decision, in a PCS licensing matter, to deny a waiver of its rule requiring a winning bidder to timely submit both its first and second down payment in order to retain its license. 218-219 MHz Order
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  • at 1520, ¶ 37. Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) and Amended Eligibility List for 218-219 MHz Service, Public Notice, DA 01-9, 16 FCC Rcd 5937 (2001) (``Election Public Notice''). Id.; see also 218-219 MHz Order, 15 FCC Rcd at 1518, ¶ 34. 218-219 MHz Order, 15 FCC Rcd at 1522-25 ¶ 40-45; 47 CFR § 95.816(b). 218-219 MHz Order, 15 FCC Rcd at 1524 ¶ 44, 1533-34, ¶¶ 61-63; 47 CFR § 95.816(b) (Allowing Eligible Licensees that elect resumption to continue to participate in the installment payment program). Election Public Notice, 16 FCC Rcd at 5943, Attachment A, List of Eligible Licensees. New England's Election to Reamortization/Resumption of Payments under the installment payment plan, dated January
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  • Instapage premises its relief request, in that both auctions made bidding credits available for qualifying women-owned and minority-owned businesses. However, the Auction No. 3 rules restricted bidding credits to ten specific licenses of the thirty that were auctioned, while bidding credits were offered on all licenses in Auction No. 2. Compare 47 C.F.R. § 24.309(b) (1994) with 47 C.F.R. § 95.816(d) (1994). 47 C.F.R. § 24.309(b)(2) (1994); Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Third Report And Order, 9 FCC Rcd 2941, at 2945 ¶ 10 (``Competitive Bidding Third R&O''); Competitive Bidding Third MO&O, 10 FCC Rcd at 232-34. Regional Narrowband PCS Closing Public Notice; ``FCC Announces the Receipt of Down Payments from the High Bidders in the Auction
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  • 0000334270, 0000334370, 0000334561, 0000334630, 0000334676, 000033487, and 0000334930. Letter to Stephen Diaz Gavin, Esq., Counsel for U.S. Telemetry, from D'wana R. Terry, Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau (November 14, 2000) (unpublished letter) (referencing request made by D'Wana Terry in phone conversation with Stephen Diaz Gavin held on October 25, 2000) (``Gavin Letter''). 47 C.F.R. § 95.816(c). Gavin Letter. Letter to Ms. Magalie Roman Salas, Secretary, Federal Communications Commission, from Mr. Stephen Diaz Gavin, Esq., Counsel for U.S. Telemetry (November 17, 2000). Federal Communications Commission Announces Change to The Election Date For 218-219 MHz Service, Public Notice, 16 FCC Rcd 4007 (2001); Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) and Amended Eligibility List For
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  • service-specific competitive bidding rules are necessary only to specify departures from or supplemental procedures to the Part 1 competitive bidding rules. We adopt uniform language stating this proposition in all services subject to competitive bidding and modify the following service-specific rules: 21.950; 22.201; 22.228; 22.960; 24.301; 24.701; 25.401; 26.201; 27.201; 27.501(a); 27.701; 73.3572(e)(2), (f); 73.5000(a); 80.1251; 90.801; 90.901; 90.1001; 90.1101; 95.816(a); 100.71; 101.537; 101.1101; 101.1201; and 101.1317. Competitive bidding design options. Section 1.2103 of the Commission's rules outlines the general competitive bidding design options (or the different competitive bidding methodologies) for services or classes of services subject to competitive bidding. These competitive bidding design options include: simultaneous multiple-round auctions (using remote or on-site electronic bidding); sequential multiple-round auctions (using either oral
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  • service-specific competitive bidding rules are necessary only to specify departures from or supplemental procedures to the Part 1 competitive bidding rules. We adopt uniform language stating this proposition in all services subject to competitive bidding and modify the following service-specific rules: 21.950; 22.201; 22.228; 22.960; 24.301; 24.701; 25.401; 26.201; 27.201; 27.501(a); 27.701; 73.3572(e)(2), (f); 73.5000(a); 80.1251; 90.801; 90.901; 90.1001; 90.1101; 95.816(a); 100.71; 101.537; 101.1101; 101.1201; and 101.1317. Competitive bidding design options. Section 1.2103 of the Commission's rules outlines the general competitive bidding design options (or the different competitive bidding methodologies) for services or classes of services subject to competitive bidding. These competitive bidding design options include: simultaneous multiple-round auctions (using remote or on-site electronic bidding); sequential multiple-round auctions (using either oral
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  • Rcd 1497 (1999). See Federal Communications Commission Announces Change to The Election Date For 218-219 MHz Service, Public Notice, 16 FCC Rcd 4007 (2000); Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) And Amended Eligibility List For 218-219 MHz Service, Public Notice, 16 FCC Rcd 5937 (2001). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 95.816 and 95.823). LMS Wireless Reply Comments at 5, 9-10. 47 C.F.R. Part 101. See, e.g., 47 C.F.R. §§ 101.21(e), 101.61(c). See, e.g., 47 C.F.R. §§ 101.13, 101.15. Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101 Governing Terrestrial Microwave Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996)
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  • Rcd 1497 (1999). See Federal Communications Commission Announces Change to The Election Date For 218-219 MHz Service, Public Notice, 16 FCC Rcd 4007 (2000); Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) And Amended Eligibility List For 218-219 MHz Service, Public Notice, 16 FCC Rcd 5937 (2001). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 95.816 and 95.823). LMS Wireless Reply Comments at 5, 9-10. 47 C.F.R. Part 101. See, e.g., 47 C.F.R. §§ 101.21(e), 101.61(c). See, e.g., 47 C.F.R. §§ 101.13, 101.15. Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part 101 Governing Terrestrial Microwave Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996)
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  • Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. August 2, 1994) (``Auction No. 2 Closing PN''); Erratum to August 2, 1994 Public Notice Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44265 (rel. August 9, 1994). 218-219 MHz Report and Order, 15 FCC Rcd at 1533-55, ¶¶ 61-64; 47 C.F.R. § 95.816(d) (1994). 218-219 MHz Order, 15 FCC Rcd at 1533-34, ¶ 61; 47 U.S.C. § 309(j); 47 C.F.R. § 95.816(e). 218-219 MHz Order, 15 FCC Rcd at 1529, ¶ 54. 218-219 MHz Service (formerly known as IVDS) Refund Procedures, Public Notice, 16 FCC Rcd 3453 (2001) (``Refund Procedures PN''). Refund Procedures PN, 16 FCC Rcd at 3453. Id. Auction No. 2
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  • 110. Id. at 443 ¶ 116. Id. at 439-40 ¶¶ 109-10; Part 1 Reconsideration of Third Report and Order, 15 FCC Rcd at 15304-05 ¶ 19. 47 C.F.R. § 1.2110(g)(3). 47 C.F.R. § 1.2110(g)(4). See ``Interactive Video and Data Service (IVDS) Applications to Be Granted January 18, 1995,'' News Release, No. 51403 (rel. Dec. 29, 1994). 47 C.F.R. §§ 1.2110(e), 95.816(d)(2) (1994). 47 C.F.R. § 1.2110(e)(4) (1994); ``Wireless Telecommunications Bureau Staff Clarifies Grace Period Rule for IVDS Auction Licensees Paying By Installment Payments,'' Public Notice, 10 FCC Rcd 10724 (WTB 1995). See ULS File No. 0000426369. Spectrum IVDS signed an Assignment and Assumption of Installment Payment Plan Note and Security Agreement (``Assumption Agreement''). See Petition at 1 and Attachment B (Letter
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  • 1.2110(o)''. In the Appendix of the Order, the amendatory language to section 90.1103 is modified to read as follows: ``Amend § 90.1103 by removing paragraphs (b)(3), (b)(4), and (c), redesignating paragraphs (b)(5) and (d) as paragraphs (b)(3) and (c), and revising newly redesignated paragraph (c) to read as follows:''. In the Appendix of the Order, the amendatory language to section 95.816 is modified to read as follows: ``Amend § 95.816 by removing paragraphs (c)(3), (c)(4), and (d), redesignating paragraphs (c)(5), (e), and (f) as paragraphs (c)(3), (d), and (e), revising paragraph (a) and newly redesignated paragraphs (d) and (e) to read as follows:''. In the Appendix of the Order, the amendatory language to section 95.823 is modified to read as follows:
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  • licensees). See Houston 936 Petition at 1-3. See also DiGiPH Petition at 5 (referencing C block notes); Alpine PCS Petition at 6-7 (same). Cf. NextWave Petition at 5-7 (Commission should reconcile its seemingly conflicting roles of regulator and party to commercial contract). See CONXUS Petition at 7-8; CTI Petition at 8-9. See also In-Sync Comments at 6. 47 C.F.R. § 95.816. 47 C.F.R. § 24.711. 47 C.F.R. § 24.716. See American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12384 (1996). 47 C.F.R. § 24.309. 47 C.F.R. § 90.812. 47 C.F.R. § 21.960. 218-219 MHz Service Order and NPRM, 13 FCC Rcd at 19072-19074, ¶¶ 12-14. Amendment of Part 95 of
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  • Additionally, both In-Sync and Celtronix argue that the 218-219 MHz Order is unclear and, accordingly, interest should not be calculated for the suspension period. Specifically, Celtronix points to the fact that in the 218-219 MHz Order the Commission stated that it will capitalize all ``accrued and unpaid'' interest into the principal amount as of the election date. However, in section 95.816(c) of our Rules, we stated that ``all unpaid interest'' from the grant date through the election date will be capitalized into the principal. From this, Celtronix concludes that we did not intend interest to accrue. Both petitioners are mistaken. As the underlying debt remained, the interest continued to accrue. The fact that the Commission relieved the licensees of one consequence
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  • Communications Act - Competitive Bidding, Fourth Report and Order, 9 FCC Rcd 2330, 2336 (1994). In the Matter of Amendment of Part 95 of the Commission's Rules To Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497, 1559 (1999) (218-219 MHZ Report and Order); see also 47 C.F.R. § 95.816(c)(1). 218-219 MHz Report and Order, 15 FCC Rcd at 1559-1560; see also 47 C.F.R. § 95.816(c)(2). See Letter to Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration (Jan. 6, 1998). See Notice of Proposed Rulemaking, supra, ¶¶ 4-11. See id., ¶ 9. (...continued from previous page) (continued....) Federal Communications Commission FCC
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  • (``IVDS''). Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. August 2, 1994) (``IVDS Closing PN''); Erratum to August 2, 1994 Public Notice Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44265 (rel. August 9, 1994) (``IVDS Closing PN Erratum''). 47 C.F.R. § 95.816(d)(1) (1995); Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Fourth Report and Order, 9 FCC Rcd 2330, 2336, ¶ 36 (1994) (``Competitive Bidding Fourth Report and Order''). Id. 47 C.F.R. § 95.816(d)(1) (1995) (``A bidding credit is available for a license for either frequency segment A or frequency segment B in each service area. A bidding credit,
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  • Cir. 1997)). See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949 (1997) and AMTS Fourth R&O and Third NPRM, 15 FCC Rcd 22585 (2000). See 218-219 MHz Order, 15 FCC Rcd at 1558-1560 ¶¶ 116-121. See also 47 C.F.R. § 95.816. See Reallocation Report and Order at ¶¶ 22-26. See also supra note 27. See supra ¶¶ 29-33; 47 U.S.C. § 309(j)(3). See supra ¶ 31. See Reallocation Report and Order at ¶¶ 46-58. See also supra ¶ 26. See Pub. L. 106-180, 114 Stat. 48 § 647 (codified at 47 U.S.C. § 647) (ORBIT Act). Section 647 provides: ``Notwithstanding any
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  • this section, or a 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 businesses, as defined in paragraph (b)(2) of this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter. 49. Amend § 95.816 by removing paragraph (c)(3) and revising paragraph (d) to read as follows: § 95.816 Competitive bidding proceedings. * * * * * (d) Bidding credits. A winning bidder that qualifies as a small business, as defined in this subsection, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter. A winning bidder
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  • Docket No. 97-82, Second Order on Reconsideration of the Third Report and Order and Order on Reconsideration of the Fifth Report and Order, 18 FCC Rcd 10,180 (2003) (``Second Reconsideration Order'') (recon. pending). The Commission has made its installment payment program available to eligible auction winners of licenses in the following services: the 218-219 MHz Service, see 47 C.F.R. § 95.816; broadband Personal Communications Services (PCS) frequency block C, 47 C.F.R. § 24.711; broadband PCS frequency block F, 47 C.F.R. § 24.716; broadband PCS frequency block A (pioneers' preference licensees only), see American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12,384 (1996); regional narrowband PCS, 47 C.F.R. § 24.309 (1994);
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  • defend gender-based government action to demonstrate an ``exceedingly persuasive justification'' for that action. In 1996, in the wake of these decisions, the Commission determined that ``the present record is insufficient to support either our race-based IVDS auction rules under the strict scrutiny standard or our gender-based rules under the `exceedingly persuasive justification' standard of intermediate scrutiny.'' The Commission revised Section 95.816(d) of its rules to make it race- and gender-neutral and to make bidding credits available to all qualified small businesses in the 218-219 MHz Service. On September 10, 1999, the Commission eliminated the 25 percent bidding credit that had been made available to minority- and women-owned businesses in Auction No. 2 and granted a retroactive 25 percent bidding credit to
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  • External controls (CB) 95.671 Removed Serial number (CB) 95.673 Removed Copy of rules (CB) 95.801 27.1401 Scope (218-219 MHz) 95.803 27.1403 Service description (218-219 MHz) 95.805 27.2 Permissible communications (218-219 MHz) 95.807 27.10 Regulatory status (218-219 MHz) 95.811 27.1411 License requirements (218-219 MHz) 95.812 27.13 License term (218-219 MHz) 95.813 27.12 Eligibility (218-219 MHz) 95.815 27.1415 License application (218-219 MHz) 95.816 27.1416 Competitive bidding (218-219 MHz) 95.819 27.1419 License transferability (218-219 MHz) 95.823 27.15 Partitioning, disaggregation (218-219 MHz) 95.831 Removed Service requirements (218-219 MHz) 95.833 27.14 Construction requirements (218-219 MHz) 95.835 Removed Station identification (218-219 MHz) 95.837 Removed Station inspection (218-219 MHz) 95.851 27.51 Equipment certification (218-219 MHz) 95.853 27.5 Frequency segments (218-219 MHz) 95.855 27.50 Transmitting ERP (218-219 MHz) 95.857
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
  • also note that the 218-219 MHz Service, which we are proposing to relocate to Part 27, is the only Personal Radio Service where licenses are issued by competitive bidding for exclusive use over a defined geographic area. Further, while Part 80 AMTS licensees are permitted to operate LPRS systems, they are not individually licensed through Part 95. See47 C.F.R. §§ 95.816, 95.1001. 53See, e.g., Amendment of Part 95 of the Commission's Rules to Establish a Very Short Distance Two-WayVoice Radio Service,WT Docket No. 95-102, Report and Order, 11 FCC Rcd 12977, 12983-84 ¶ 17 (1996) (FRS Report and Order ). 54There are twenty-three GMRS frequencies. Specifically, there are eight GMRS "primary" channel pairs (462/467.550, 462/467.575, 462/467.600, 462/467.625, 462/467.650, 462/467.675, 462/467.700, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1.txt
  • 20. See ``Interactive Video and Data Service (IVDS) Applications to Be Granted January 18, 1995,'' News Release, No. 51403 (rel. Dec. 29, 1994). 47 C.F.R. § 1.2110(e) (1994); see 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting 1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. § 1.2110(b)(4)(x)(E) as 47 C.F.R. § 1.2110(e)); 47 C.F.R. § 95.816(d)(3) (1994). 47 C.F.R. § 1.2110(e)(4) (1994); see 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting 1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. § 1.2110(b)(4)(x)(E) as 47 C.F.R. § 1.2110(e)); see ``Wireless Telecommunications Bureau Staff Clarifies Grace Period Rule for IVDS Auction Licensees Paying By Installment Payments,'' Public Notice, 10 FCC Rcd 10,724 (WTB 1995).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-131A1_Rcd.pdf
  • FCC Rcdat 482 ¶ 20. 32See "Interactive Video and Data Service (IVDS) Applicationsto Be GrantedJanuary 18, 1995," News Release, No. 51403 (rel. Dec. 29, 1994). 3347 C.F.R. § 1.2110(e) (1994); see 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. § 1.2110(b)(4)(x)(E) as 47 C.F.R. § 1.2110(e)); 47 C.F.R. §95.816(d)(3) (1994). 3447 C.F.R. § 1.2110(e)(4) (1994); see 60 Fed. Reg. 52,865 (Oct. 11, 1995) (correcting1994 designated entity regulations of 47 C.F.R. Part 1 to redesignate 47 C.F.R. § 1.2110(b)(4)(x)(E) as 47 C.F.R. § 1.2110(e)); see "Wireless Telecommunications Bureau Staff Clarifies Grace Period Rule for IVDS Auction Licensees Paying By InstallmentPayments," Public Notice, 10 FCC Rcd 10,724 (WTB 1995). 35Amendment of
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  • v. Pena, 515 U.S. 200 (1995). Report and Order, 15 FCC Rcd at 1533 (emphasis added). See id. (``[W]e will apply a twenty-five percent bidding credit (`Remedial Bidding Credit') to the accounts of every winning bidder in the 1994 auction of what is now the 218-219 MHz Service that met the small business qualification for that auction.''). 47 C.F.R. § 95.816(e). See Report and Order, 15 FCC Rcd at 1563. See ``Frequently Asked Questions Regarding The Restructuring Rules For The 218-219 MHz Service,'' Public Notice, 15 FCC Rcd 7305 (2000). Id. at 7316. Id. at 7316-17. ``Implementation Procedures For The Report And Order And Memorandum Opinion And Order Addressing The 218-219 MHz Services (Formerly Known As Interactive Video And Data Services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-149A1_Rcd.pdf
  • information necessary for an automatic deposit. The Commission will 5Report and Order, 15 FCC Rcd at 1533 (emphasis added). 6Seeid. ("[W]e will applya twenty-five percent bidding credit (`Remedial Bidding Credit') to the accounts of every winning bidder in the 1994 auction of what is nowthe 218-219 MHz Service that met the small business qualification for that auction."). 747 C.F.R. § 95.816(e). 8See Report and Order, 15 FCC Rcd at 1563. 9See"Frequently Asked Questions Regarding The Restructuring Rules For The 218-219 MHz Service," Public Notice, 15 FCC Rcd 7305(2000). 10Id. at 7316. 11Id. at 7316-17. 11379 Federal Communications Commission FCC 10-149 issue a separate Public Notice detailing the necessary information and procedure for submission. . . . The Commission will endeavor to
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Universal Licensing System). 95.428 (CB Rule 28) How do I contact the FCC? (change to 95.428 reflect FCC website). 95.605 Type acceptance and certification procedures (change to 95.605 reflect Universal Licensing System). 95.801 Scope (change to reflect new Part 1, Subpart F). 95.801 95. 815 License application 1.913, 1.915, 1.923, (move to consolidated Part 1 Rule). 1.927, 1.931, 1.934, 1.949 95.816 (c)(2)(ii) Competitive bidding proceedings (change form numbers 95.816 (c)(2)(ii) to reflect ULS forms). 95.817 Application for renewal of license 1.949 (move to consolidated Part 1 Rule). 95.819(c) License transferability (change cross-reference). 95.819(c) 95.821 Application for transfer of control 1.948 (move to consolidated Part 1 Rule). Federal Communications Commission FCC 98-25 L-5 95.833(b) Construction requirements (change to allow electronic 95.833(b),(c) filing
• http://wireless.fcc.gov/auctions/00a/releases/da000899.doc http://wireless.fcc.gov/auctions/00a/releases/da000899.pdf http://wireless.fcc.gov/auctions/00a/releases/da000899.txt
  • See In the Matter of Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-169, RM-8951, (rel. Sept. 10, 1999) at 3, ¶2. (218-219 MHz Order). See id. at ¶ 37. See id. at ¶ 38. 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). See also Mountain Solutions v. FCC, No. 98-1503 (D.C. Cir. Dec. 3, 1999), upholding the Commission's decision, in a PCS licensing matter, to deny a waiver of its rule requiring a winning bidder to timely submit both its first and second down payment in order to retain its license. See 47
• http://wireless.fcc.gov/auctions/00a/releases/da000900.doc http://wireless.fcc.gov/auctions/00a/releases/da000900.pdf http://wireless.fcc.gov/auctions/00a/releases/da000900.txt
  • the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-169, RM-8951, (rel. Sept. 10, 1999) at 3, ¶2. (``218-219 MHz Order''). See Id. at ¶31. See Id. at ¶37. See Generally Id. at ¶¶ 26-33. 218-219 MHz Order at ¶ 54. 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). See also Mountain Solutions v FCC, 197 F.3rd 512 (D.C. Cir. 1999), upholding the Commission's decision, in a PCS licensing matter, to deny a waiver of its rule requiring a winning bidder to timely submit both its first and second down payment in order to retain its license. 218-219 MHz Order
• http://wireless.fcc.gov/auctions/00a/releases/fc000411.doc http://wireless.fcc.gov/auctions/00a/releases/fc000411.pdf http://wireless.fcc.gov/auctions/00a/releases/fc000411.txt
  • Additionally, both In-Sync and Celtronix argue that the 218-219 MHz Order is unclear and, accordingly, interest should not be calculated for the suspension period. Specifically, Celtronix points to the fact that in the 218-219 MHz Order the Commission stated that it will capitalize all ``accrued and unpaid'' interest into the principal amount as of the election date. However, in section 95.816(c) of our Rules, we stated that ``all unpaid interest'' from the grant date through the election date will be capitalized into the principal. From this, Celtronix concludes that we did not intend interest to accrue. Both petitioners are mistaken. As the underlying debt remained, the interest continued to accrue. The fact that the Commission relieved the licensees of one consequence
• http://wireless.fcc.gov/auctions/00a/releases/fc020130.pdf http://wireless.fcc.gov/auctions/00a/releases/fc020130.txt
  • Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. August 2, 1994) ("IVDS Closing PN"); Erratum to August 2, 1994 Public Notice Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44265 (rel. August 9, 1994) ("IVDS Closing PN Erratum"). 7 47 C.F.R. § 95.816(d)(1) (1995); Implementation of Section 309(j) of the Communications Act ­ (continued....) Federal Communications Commission FCC 02-130 2 entitled to pay eighty-percent of their winning bids in installments8 while businesses owned by minorities and/or women were entitled to a twenty-five percent bidding credit that could be applied to one of the two licenses available in each market.9 Bidders that were both
• 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
  • holders seeking to obtain additional flexibility for the service," the Wireless Telecommunications Bureau (Bureau) postponed a planned auction of 981 licenses that was to begin on February 18, 1997.24 Federal Communications Commission FCC 99-239 Bureau Postpones February 18, 1997 Auction Date for 981 Interactive Video and Data Service (IVDS) Licenses, Public Notice, 12 FCC Rcd 1389 (1997). 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). 25 "Quarterly Installment Payments for IVDS Auction' Licensees to Begin June 30, 1995," Public Notice, 26 Mimeo No. 53031 (rel. Mar. 29, 1995). Interactive Video and Data Service (IVDS) Licensees, Request for Stay to Postpone Commencement of 27 Installment Payment Program, Order, 11 FCC Rcd 3031 (WTB 1995). Interactive Video and
• http://wireless.fcc.gov/auctions/02/releases/da012542.pdf http://wireless.fcc.gov/auctions/02/releases/da012542.txt
  • 37. 3 Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) and Amended Eligibility List for 218-219 MHz Service, Public Notice, DA 01-9, 16 FCC Rcd 5937 (2001) ("Election Public Notice"). 4 Id.; see also 218-219 MHz Order, 15 FCC Rcd at 1518, ¶ 34. 5 218-219 MHz Order, 15 FCC Rcd at 1522-25 ¶ 40-45; 47 CFR § 95.816(b). Mr. Kurt Schueler October 30, 2001 2 "reamortized" over the remaining term of the license, i.e., the Commission capitalized all accrued and unpaid interest into the principal amount as of the election date, taking into account the remedial bidding credit granted to winning bidders that met the small business qualifications for the auction.6 New England, an Eligible Licensee,7 participated in
• http://wireless.fcc.gov/auctions/02/releases/da020819.pdf http://wireless.fcc.gov/auctions/02/releases/da020819.txt
  • additional time to submit an installment payment.20 U.S. Telemetry made the April 30, 2001 quarterly installment payment on October 30, 2001, which was during the second quarterly grace period permitted under the Commission's rules.21 However, U.S. Telemetry failed to make the next quarterly installment payment, the July 31, 2001 installment payment, for 40 of the 87 11 47 C.F.R. § 95.816(c). 12 Gavin Letter. 13 Letter to Ms. Magalie Roman Salas, Secretary, Federal Communications Commission, from Mr. Stephen Diaz Gavin, Esq., Counsel for U.S. Telemetry (November 17, 2000). 14 Federal Communications Commission Announces Change to The Election Date For 218-219 MHz Service, Public Notice, 16 FCC Rcd 4007 (2001); Wireless Telecommunications Bureau Announces Revised Election Date (January 31, 2001) and Amended
• http://wireless.fcc.gov/auctions/02/releases/da981008.pdf http://wireless.fcc.gov/auctions/02/releases/da981008.txt http://wireless.fcc.gov/auctions/02/releases/da981008.wp
  • Statistical Areas ("MSAs"), pursuant to rules and procedures adopted in the Competitive Bidding Fourth Report and Order. One of those rules allowed bidding entities owned by 2 Federal Communications Commission DA 98-1008 Competitive Bidding Fourth Report and Order, 9 FCC Rcd at 2338-39, on recon., Competitive Bidding Sixth 3 MO&O, 11 FCC Rcd at 19359-60. See also 47 C.F.R. § 95.816(d)(1) (1994). See News Release, Interactive Video and Data Service (IVDS) Applications to be Granted January 18, 1995, 4 Mimeo No. 51403 (released Dec. 29, 1994) (listing first group of license grants); Public Notice, Interactive Video and Data Service (IVDS) Applications to be Granted February 28, 1995, 10 FCC Rcd 3388 (1995) (listing second group of license grants). Specifically: Community Teleplay,
• http://wireless.fcc.gov/auctions/02/releases/fc950479.pdf
  • providinga 25 percent bidding credit to businesses owned by minorities or women, we find that Graceba's challenge is an untimely petition for reconsideration. Petitions for reconsideration must be filed no later than 30 days after public notice of a Commission action. & 47 U.S.C. 9 405. Public notice of the Commission's adoption of the rule in question, 47 C.F.R. 0 95.816(d)( 1) ( 1994). commenced on May 13. 1994. Thus, Graceba's challenge should have been tiled by June 13. 1994. Graceba's challenge was not filed until July 11. 1995. In addition. Graceba's petition does not demonstrate why it requires financial assistance under our 25 percent bidding credit rule. For example. its petition contains no evidence that it has faced discriminatory financial
• http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
  • Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, 18 Fourth Report and Order, 9 FCC Rcd 2330 (1994) (Competitive Bidding Fourth Report and Order), on recon., Sixth Memorandum Opinion and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 19341 (1996) (Competitive Bidding Sixth MO&O/Further Notice). See, e.g., 47 C.F.R. § 95.816(d)(3) (1994) (referencing 47 C.F.R. § 1.2110 (1994)). 19 Competitive Bidding Fourth Report and Order, 9 FCC Rcd 2336-40. The Commission offered two other 20 designated entity preferences in the IVDS auction: a tax certificate program, and bidding credits for businesses owned by minorities and/or women. Id. We eliminated the tax certificate program after Congress repealed our authorizing statute, 26 U.S.C.
• http://wireless.fcc.gov/auctions/02/releases/fc990211.doc http://wireless.fcc.gov/auctions/02/releases/fc990211.pdf http://wireless.fcc.gov/auctions/02/releases/fc990211.txt
  • bidder, CRSPI was required to make a down payment on its successful bids no later than August 8, 1994. CRSPI failed to do so, and therefore, was in default. After the conclusion of the IVDS auction, it came to the Commission's attention that CRSPI may have violated the Commission's rules, including Sections 1.2105(a)(2)(viii), 1.2105(a)(2)(ix), 1.2105(c)(prohibition of collusion); Sections 1.2110(b) and 95.816(d) (claiming a false bidding credit); and Section 1.17 (written submission of false financial information). In addition, CRSPI may have abused Commission processes. Consequently, the Commission ordered an investigation into CRSPI's conduct in the IVDS auction. As a result of this investigation, the Commission, inter alia, released an Order to Show Cause on February 16, 1995 ("OSC") to inquire into CRSPI's
• http://wireless.fcc.gov/auctions/02/releases/fcc97390.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Styles Interactive, Inc., Application for Review (filed May 29, 1996) ("Application for Review"). 1 Interactive Video and Data Service (IVDS) Licenses; Requests to Extend Payment Deadline, Memorandum 2 Opinion and Order, 11 FCC Rcd 5240 (Wireless Telecom. Bureau 1996) ("Memorandum Opinion and Order"). See 47 C.F.R. §§ 95.816(c)(4) and 1.2107(b). Unless otherwise noted, all Commission Rules cited herein are 3 those which were in effect at the time of the July 28-29, 1994 auction. FCC 97-390 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Styles Interactive, Inc. ) Application for Review of ) Denial of Petition for Reconsideration ) Seeking Waiver of
• 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
  • withdraw their bids to do so before bidding ceases. In the Second Report and Order, we observed that it is appropriate to create such an incentive because a withdrawal that occurs after Second Report and Order, 9 FCC Rcd 2348 at ¶ 154. 61 Fourth Report and Order, 9 FCC Rcd 2330 at ¶¶ 34-54. 62 See 47 C.F.R. §§ 95.816(d)(1). 63 Fourth Report and Order, 9 FCC Rcd 2330 at n.66. 64 Id. at ¶¶ 48-52. 65 Id. at ¶¶ 53-54; Second Report and Order, 9 FCC Rcd at ¶¶ 231-240. 66 See 47 C.F.R. §§ 1.2111, 95.816(e). 67 18 an auction closes (default) is likely to be more harmful than one that occurs before closing. We 61 noted, for
• http://wireless.fcc.gov/auctions/03/releases/da002410.doc http://wireless.fcc.gov/auctions/03/releases/da002410.pdf http://wireless.fcc.gov/auctions/03/releases/da002410.txt
  • Opinion and Order, 9 FCC Rcd. 1309 (1994) (``PCS MO&O''). The auction for the 218-219 MHz Service was held on July 28 and 29, 1994 (Auction No. 2). The auction of regional narrowband PCS licenses began on October 26, 1994, and closed on November 8, 1994 (Auction No. 3). 47 U.S.C. § 309 (j)(4)(D); see also, 47 C.F.R. §§ 24.309, 95.816 (1994). Competitive Bidding Fourth Report and Order, 9 FCC Rcd. 2330, at 2336, ¶ 36 (eligible IVDS bidders could use installment financing and bidding credits); see also, Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Third Report and Order, 9 FCC Rcd. 2941, at 2970, 2978, ¶ 72, 86 (adopting service-specific rules for
• http://wireless.fcc.gov/auctions/03/releases/da021574.pdf http://wireless.fcc.gov/auctions/03/releases/da021574.txt
  • rule making proceeding10 or in a petition for reconsideration of either the Competitive Bidding Second R&O,11 the Competitive Bidding Third R&O,12 the Competitive Bidding Third MO&O,13 or the public notice14 announcing the winning bidders for Auction No. 3.15 while bidding credits were offered on all licenses in Auction No. 2. Compare 47 C.F.R. § 24.309(b) (1994) with 47 C.F.R. § 95.816(d) (1994). 4 47 C.F.R. § 24.309(b)(2) (1994); Implementation of Section 309(j) of the Communications Act- Competitive Bidding, Third Report And Order, 9 FCC Rcd 2941, at 2945 ¶ 10 ("Competitive Bidding Third R&O"); Competitive Bidding Third MO&O, 10 FCC Rcd at 232-34. 5 Regional Narrowband PCS Closing Public Notice; "FCC Announces the Receipt of Down Payments from the High Bidders
• http://wireless.fcc.gov/auctions/05/releases/da981897.pdf http://wireless.fcc.gov/auctions/05/releases/da981897.txt http://wireless.fcc.gov/auctions/05/releases/da981897.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Installment payment programs exist in the following services: Interactive Video and Data Service (47 C.F.R. 1 § 95.816); Regional Narrowband Personal Communications Services (PCS) (47 C.F.R. § 24.309); 900 MHz Specialized Mobile Radio Service (47 C.F.R. § 90.812); Multipoint Distribution Service (47 C.F.R. § 21.960); Broadband PCS frequency block C (47 C.F.R. § 24.711); Broadband PCS frequency block F (47 C.F.R. § 24.716); and Broadband PCS frequency block A (Pioneers' Preference Licensees only, see 11 FCC Rcd 12384
• http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
  • 177 See Amendment of the Commission's Rules Concerning Maritime Communications, Second Report and Order and Second Further Notice of Proposed Rule Making, PR Docket No. 92-257, 12 FCC Rcd 16949 (1997) and AMTS Fourth R&O and Third NPRM, 15 FCC Rcd 22585 (2000). 178 See 218-219 MHz Order, 15 FCC Rcd at 1558-1560 ¶¶ 116-121. See also 47 C.F.R. § 95.816. Federal Communications Commission FCC 02-15 30 217 MHz portion of the band for LPRS, which is licensed by rule under Part 95 of our Rules, our obligation to use competitive bidding under Section 309(j) does not appear to be implicated for the 216- 217 MHz portion of the band.179 74. In this Notice, we propose to adopt a geographic area
• http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
  • 114 See AMTS Fourth R&O and Third NPRM, supra note 17. 115 See Amendment of Part 95 of the Commission's Rules to Provide Regulartory Flexibility in the 218-219 MHz Service, WT Docket No. 98-169, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497, 1558-1560 ¶¶ 116-121 (1999) (218-219 MHz Report and Order). See also 47 C.F.R. § 95.816. 116 See Reallocation Report and Order, 17 FCC Rcd at ¶¶ 22-26. See also supra note 28. 117 Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services, WT
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 90.903(c)-(f), 90.906, 100.73, 100.75, 101.1103(g), and 101.1204. 10 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2350, ¶ 10, 2405-12. 11 Accordingly, the service-specific competitive bidding rules explicitly state that the Part 1 rules apply unless otherwise provided. 47 C.F.R. §§ 21.950, 22.201, 22.228, 22.960, 24.301, 24.701, 25.401, 27.201, 27.501(a), 27.701, 73.5000(a), 74.910, 80.1251, 90.801, 90.901, 90.1001, 90.1101, 95.816(a), 100.71, 101.537, 101.1101, 101.1201, and 101.1317. Section 74.910 incorporates this design to the Instructional Television Fixed Service (ITFS) by referencing section 73.5000. 47 C.F.R. §§ 73.5000 and 74.819; see also Part 1 Third Report and Order, 13 FCC Rcd at 376-81, ¶¶ 1-3; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2350, ¶ 10 ("[I]n the future, specific
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  • licensees). See Houston 936 Petition at 1-3. See also DiGiPH Petition at 5 (referencing C block notes); Alpine PCS Petition at 6-7 (same). Cf. NextWave Petition at 5-7 (Commission should reconcile its seemingly conflicting roles of regulator and party to commercial contract). See CONXUS Petition at 7-8; CTI Petition at 8-9. See also In-Sync Comments at 6. 47 C.F.R. § 95.816. 47 C.F.R. § 24.711. 47 C.F.R. § 24.716. See American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12384 (1996). 47 C.F.R. § 24.309. 47 C.F.R. § 90.812. 47 C.F.R. § 21.960. 218-219 MHz Service Order and NPRM, 13 FCC Rcd at 19072-19074, ¶¶ 12-14. Amendment of Part 95 of
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  • of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245 (1994) ("Competitive Bidding Second Memorandum Opinion and Order") 47 C.F.R. §§ 1.2101 et seq. 2 See, e.g., 47 C.F.R. §§ 24.301-24.320 (narrowband Personal Communications Service (PCS)); 47 C.F.R. §§ 3 24.701-720 (broadband PCS); 47 C.F.R. §§ 90.901-90.913 (Specialized Mobile Radio (SMR)); 47 C.F.R. § 95.816 (Interactive Video and Data Service (IVDS)); 47 C.F.R. §§ 100.71-100.80 (Direct Broadcast Satellite (DBS)); 47 C.F.R. §§ 21.921-21.961 (Multipoint Distribution Service (MDS)). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Fifth Memorandum Opinion 4 and Order, PP Docket No. 93-253, 10 FCC Rcd 403 (1994), erratum, 60 Fed. Reg. 5333 (Jan. 27, 1995) (Competitive Bidding Fifth Memorandum
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  • of the Competitive Bidding Second Report and Order, the Commission has 2 completed 15 spectrum auctions, adopting service-specific competitive bidding rules for each Federal Communications Commission FCC 97-413 See 47 C.F.R. §§ 24.301-24.320 (narrowband Personal Communications Service (PCS)); 47 C.F.R. §§ 24.701- 3 720 (broadband PCS); 47 C.F.R. §§ 90.901-90.913 (800 and 900 Specialized Mobile Radio (SMR)); 47 C.F.R. § 95.816 (Interactive Video and Data Service (IVDS)); 47 C.F.R. §§ 100.71-100.80 (Direct Broadcast Satellite (DBS)); 47 C.F.R. §§ 21.921-21.961 (Multipoint Distribution Service (MDS)); 47 C.F.R. §§ 22.960-967 (Cellular Unserved); 47 C.F.R. §§ 25.101-531 (Digital Audio Radio Service (DARS)); 47 C.F.R. §§ 27.1-27.325 (Wireless Communications Services (WCS)). The Commission received 24 comments and 19 reply comments in response to Amendment of Part
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • Universal Licensing System). 95.428 (CB Rule 28) How do I contact the FCC? (change to 95.428 reflect FCC website). 95.605 Type acceptance and certification procedures (change to 95.605 reflect Universal Licensing System). 95.801 Scope (change to reflect new Part 1, Subpart F). 95.801 95. 815 License application 1.913, 1.915, 1.923, (move to consolidated Part 1 Rule). 1.927, 1.931, 1.934, 1.949 95.816 (c)(2)(ii) Competitive bidding proceedings (change form numbers 95.816 (c)(2)(ii) to reflect ULS forms). 95.817 Application for renewal of license 1.949 (move to consolidated Part 1 Rule). 95.819(c) License transferability (change cross-reference). 95.819(c) 95.821 Application for transfer of control 1.948 (move to consolidated Part 1 Rule). Federal Communications Commission FCC 98-25 L-5 95.833(b) Construction requirements (change to allow electronic 95.833(b),(c) filing
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992667.doc
  • Video and Data Service as the "218-219 MHz Service." Letter from Robert H. McNamara, Chief, Private Wireless Division, to Phoenix Data Communications, Inc. (undated) (Letter). See Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). 47 C.F.R. § 95.816(d)(2) (1994); see also 47 C.F.R. § 1.2110(e). 47 C.F.R. § 1.2107(b). 47 C.F.R. § 95.816(c)(4); see also 47 C.F.R. §§ 1.2107(b), 1.2110(e)(2). Phoenix Data never made any other payments. See Requests for Waivers in the First Auction of 594 Interactive Video and Data Service Licenses, Order, 9 FCC Rcd. 6384 (CCB 1994) (Waiver Order), review denied, Memorandum Opinion and Order,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992836.doc
  • Provide Mobile Services, Order, Memorandum Opinion and Order, and Notice of Proposed Rulemaking, WT Docket No. 98-169, 13 FCC Rcd. 19064, 19075-76 ¶ 16 (1998). See Announcing High Bidders for 594 Interactive Video and Data Service (IVDS) Licenses, Public Notice, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). 47 C.F.R. §§ 95.816(d)(2), 1.2110(e) (1994). 47 C.F.R. §§ 95.816(c)(4); see also 47 C.F.R. §§ 1.2107(b), 1.2110(e)(2). Ten percent of Davis's net bid (winning bid less 25% bidding credit) was $270,750. On August 1, 1994, Davis made an upfront payment of $2,500 to participate in the 218-219 MHz Service auction, which was still on deposit at the time the first down payment was due.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000122.doc
  • Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd. 2348 (1994) (Competitive Bidding Second Report and Order). See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id. 47 C.F.R. §§ 1.2110(e), 95.816(d)(2)(1994). 47 C.F.R. §§ 95.816(c)(4), 1.2107(b), and 1.2110(e)(2)(1994). Id. See Public Notice, Announcing High Bidders for 594 Interactive Video and Data Services (IVDS) Licenses, Mimeo No. 44160 (rel. Aug. 2, 1994), erratum, Public Notice, Mimeo No. 44265 (rel. Aug. 9, 1994). Id; see 47 C.F.R. § 1.2107(b)(1994). See Public Notice, Interactive Video and Data Service (IVDS) Applications to be Granted February
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002410.doc
  • Opinion and Order, 9 FCC Rcd. 1309 (1994) (``PCS MO&O''). The auction for the 218-219 MHz Service was held on July 28 and 29, 1994 (Auction No. 2). The auction of regional narrowband PCS licenses began on October 26, 1994, and closed on November 8, 1994 (Auction No. 3). 47 U.S.C. § 309 (j)(4)(D); see also, 47 C.F.R. §§ 24.309, 95.816 (1994). Competitive Bidding Fourth Report and Order, 9 FCC Rcd. 2330, at 2336, ¶ 36 (eligible IVDS bidders could use installment financing and bidding credits); see also, Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Third Report and Order, 9 FCC Rcd. 2941, at 2970, 2978, ¶ 72, 86 (adopting service-specific rules for
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • licensees). See Houston 936 Petition at 1-3. See also DiGiPH Petition at 5 (referencing C block notes); Alpine PCS Petition at 6-7 (same). Cf. NextWave Petition at 5-7 (Commission should reconcile its seemingly conflicting roles of regulator and party to commercial contract). See CONXUS Petition at 7-8; CTI Petition at 8-9. See also In-Sync Comments at 6. 47 C.F.R. § 95.816. 47 C.F.R. § 24.711. 47 C.F.R. § 24.716. See American Personal Communications Washington-Baltimore MTA #10 Frequency Block A, File No. 15000-CW-L-94, Call Sign: KNLF200, Order, 11 FCC Rcd 12384 (1996). 47 C.F.R. § 24.309. 47 C.F.R. § 90.812. 47 C.F.R. § 21.960. 218-219 MHz Service Order and NPRM, 13 FCC Rcd at 19072-19074, ¶¶ 12-14. Amendment of Part 95 of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000899.doc
  • See In the Matter of Amendment of Part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-169, RM-8951, (rel. Sept. 10, 1999) at 3, ¶2. (218-219 MHz Order). See id. at ¶ 37. See id. at ¶ 38. 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). See also Mountain Solutions v. FCC, No. 98-1503 (D.C. Cir. Dec. 3, 1999), upholding the Commission's decision, in a PCS licensing matter, to deny a waiver of its rule requiring a winning bidder to timely submit both its first and second down payment in order to retain its license. See 47
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000900.doc
  • the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239, WT Docket No. 98-169, RM-8951, (rel. Sept. 10, 1999) at 3, ¶2. (``218-219 MHz Order''). See Id. at ¶31. See Id. at ¶37. See Generally Id. at ¶¶ 26-33. 218-219 MHz Order at ¶ 54. 47 C.F.R. § 95.816(d)(3) (1994) (incorporating by reference 47 C.F.R. § 1.2110 (1994)). See also Mountain Solutions v FCC, 197 F.3rd 512 (D.C. Cir. 1999), upholding the Commission's decision, in a PCS licensing matter, to deny a waiver of its rule requiring a winning bidder to timely submit both its first and second down payment in order to retain its license. 218-219 MHz Order
• http://www.fcc.gov/ogc/documents/opinions/1997/graceba.html http://www.fcc.gov/ogc/documents/opinions/1997/graceba.wp
  • spectrum, IVDS technology supports such commercial applications as home banking and shopping. Under rules promulgated in May 1994, businesses owned by members of racial minorities or by women received a 25 percent "bidding credit" at the auction. In re Implementation of Section 309(j) of the Communication Act--Competitive Bidding, Fourth Report and Order, 9 F.C.C. Rcd. 2330, 2336-39 (1994); 47 C.F.R. 95.816(d)(1) (1996). Although Graceba won the two licenses for which it competed, it did not qualify for a bidding credit because it was neither minority- nor woman-owned. After the Commission announced the auction results and the recipients of bidding credits in August 1994, Graceba petitioned for reconsideration, arguing that various auction practices had artificially inflated license prices. In February 1995, the
• http://www.fcc.gov/ogc/documents/opinions/2003/02-1208-112103.pdf
  • mandate, the Commission established - for Auction No. 2 - a 25 percent bidding credit for businesses owned by women or minorities1 that could be applied to one license in each MSA. See In re Implementation of Section 309(j) of the Communications Act - Competitive Bidding, 9 F.C.C.R. 2330, 2336 ¶ 36 (1994) (Auction No. 2 Rules); 47 C.F.R. § 95.816(d)(1) (1994).2 The bidding credit operated to reduce the amount a winning bidder owed the Commission by 25 percent. The Commission also sought to assist small businesses by allowing winning small business bidders3 to make a 20 per- cent down payment and to pay the remaining 80 percent in installments over the five-year term of the license. See Auction No. 2