FCC Web Documents citing 101.1107

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

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  • payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules, are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 26.210(d); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i); 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c). Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction, and the long-form application, which is filed by the winning bidder(s) to assist the Commission in determining whether the winning bidder is
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  • payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules, are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 26.210(d); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i); 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c). Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction, and the long-form application, which is filed by the winning bidder(s) to assist the Commission in determining whether the winning bidder is
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 2 2 2 2 j ž 2 î î î Ò 2 2 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17 Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC ) ) ) ) ) ) ) ) ) ) ) ) File No. 0000721683 ORDER Adopted: April 17, 2002 Released: April 17, 2002 By
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  • Act, Memorandum Opinion and Order, 16 FCC Rcd 9779, 9790 ¶ 19 (2001). See Winstar Wireless Fiber Corp. and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, DA 02-894 (rel. April 17, 2002); Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17; Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC File No. 0000721683, Order, DA 02-887 (rel. April 17, 2002). 47 U.S.C. § 310(d). 47 C.F.R. § 0.331. 47 C.F.R. § 101.55. In 1997, the
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  • Id. at 15042-43 ¶¶ 2-3. In the Matter of Amendment to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, Order on Reconsideration, 16 FCC Rcd 11156 (2001). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 101.56 (Fixed Microwave services); 101.531, 101.537, and 101.538 (Digital Electronic Messaging service); 101.1101-101.1102, 101.1107, 101.1109-101.1110, 101.1112, 101.1201-101.1209 (Local Multipoint Distribution service); 101.1317 and 101.1319 (Multiple Address Service)). Winstar Comments at 1-2, citing 47 C.F.R. § 101.17. Winstar Comments at 3, citing Amendment of Part 22 of the Commission's Rules Relating to License Renewals in the Domestic Public Cellular Radio Telecommunications Service, Report and Order¸7 FCC Rcd 719 (1992); Amendment of Part 22 of the
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  • Id. at 15042-43 ¶¶ 2-3. In the Matter of Amendment to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz, Order on Reconsideration, 16 FCC Rcd 11156 (2001). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 101.56 (Fixed Microwave services); 101.531, 101.537, and 101.538 (Digital Electronic Messaging service); 101.1101-101.1102, 101.1107, 101.1109-101.1110, 101.1112, 101.1201-101.1209 (Local Multipoint Distribution service); 101.1317 and 101.1319 (Multiple Address Service)). Winstar Comments at 1-2, citing 47 C.F.R. § 101.17. Winstar Comments at 3, citing Amendment of Part 22 of the Commission's Rules Relating to License Renewals in the Domestic Public Cellular Radio Telecommunications Service, Report and Order¸7 FCC Rcd 719 (1992); Amendment of Part 22 of the
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  • DA 02-895 (April 17, 2002) (Public Notice). Id. at 2; See Winstar Wireless Fiber Corp. and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, DA 02-894 (rel. April 17, 2002) (Build-out Waiver Order); Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17; Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC File No. 0000721683, Order, DA 02-887 (rel. April 17, 2002) (Unjust Enrichment Order). . Build-out Waiver Order at ¶ 11; see 47 C.F.R. §§ 101.55(d),
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  • microwave operations that require transmitting facilities on land or in specified offshore coastal areas within the continental shelf. Subpart M sets forth the rules governing the use of competitive bidding to resolve mutually exclusive LMDS applications for initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). The provisions in 47 C.F.R. 101.1107, 101.1109 and 101.1112 are necessary to administer the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids. Legal Basis: 47 U.S.C. 154, 303, and 309. Section Number and Title: 101.1101 LMDS service subject to competitive bidding. 101.1107 Bidding credits for very small businesses, small businesses, and entrepreneurs. 101.1109 Records
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  • RTG Comments at 17-18. PCIA Comments at 20-21; RTG Comments at 17-18; Teligent Reply Comments at 5-6. PCIA Comments at 20; RTG Comments at 18. In the LMDS auction, bidding credits of 35 percent and 45 percent were available for small and very small businesses, respectively, and a 25 percent bidding credit was available for entrepreneurs. See 47 C.F.R. § 101.1107. Teligent Comments at 49; Teligent Reply Comments at 5-6. For the 39 GHz auction, small businesses received a 25 percent bidding credit and very small businesses received a 35 percent bidding credit. See 47 C.F.R. § 101.1208 47 C.F.R. § 1.2110(e). Part 1 Third Report and Order, 13 FCC Rcd at 402-04 ¶¶ 45-48; 47 C.F.R. § 1.2110(e). Id. at
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  • 1-123 (1995) (1992 Census). See generally 15 U.S.C. § 632(a)(1). 1992 Census, at Firm Size 1-123. 13 C.F.R. § 121.201, SIC code 4813. Id. Carrier Locator Interstate Service Providers, Figure 1 (January 2000). 13 CFR 121.201, SIC code 4813. FCC, Common Carrier Bureau, Industry Analysis Division, Trends in Telephone Service, Table 19.3 (March 2000). 47 CFR 101.1005, 101.1007. 47 CFR 101.1107(a)-(c), 101.1112. 13 C.F.R. § 121.201, SIC code 4812. U.S. Bureau of the Census, U.S. Dept. of Commerce, 1992 Census of Transportation, Communications, and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5, Employment Size of Firms; 1992, SIC code 4812 (issued May 1995). Amendment of Part 90 of the Commission's Rules To Provide for the Use of the 220-222
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  • forth additional bases in support of its Application. We hereby grant this Motion. See Auction of Local Multipoint Distribution Service, Auction Notice and Filing Requirements for 986 Basic Trading Area Licenses in the 28 GHz and 31 GHz Bands, Scheduled for December 10, 1997, Public Notice, DA 97-2081, 13 FCC Rcd 7754 at 7760 (1997); see also 47 C.F.R. §§ 101.1107 and 101.1112. See 47 C.F.R. § 101.1109 (1997). See 47 C.F.R. §§ 0.457 and 0.459. The Commission amended Section 0.459 after Northeast submitted its request and after the Auctions Division acted on the request. See In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order,
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  • auctions. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. First PFR at 5-10 (citing Hunt v. Cromartie, 526 U.S. 541 (1999) (``a law that is facially neutral with respect to race classification warrants strict scrutiny under the Equal Protection Clause only if it can be proved that the law was
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  • as a small business, as defined in 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 an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter. 51. Revise § 101.1107 to read as follows: § 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs. (a) A winning bidder that qualifies as a very small business, as defined in § 101.1112, or a consortium of very small businesses may use a bidding credit of 45 percent to lower the cost of its winning bid. (b) A winning bidder that
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  • regarding the application of the Commission's rules and it believes that this figure represents a conservative estimate of what the Commission stands to lose if it accepts the FCC Direct Payment. See id. at 4-7. Id. at 8-11. Id. at 11-12. Id. at 12-13; citing In Re Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of Sections 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen Licenses Purchased in Auction No. 17, Order, 17 FCC Rcd. 7,084 (AIAD 2002) (``Winstar Order''). Id. at 18. Id. at 19. Id. at 20; While Petitioners do not use specific language concerning a ``permit but disclose'' ex parte classification, the Petition requests that ``prior to making a decision on the
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  • for entities that had been operating and earning revenues for at least two years prior to December 31, 1994. Id. §§ 24.709 (b)(1)(v)(B), 24.709(b)(1)(vi)(B), 24.709(b)(6)(ii), 24.720(h). See id. § 24.709(b)(i), (ii). In some non-PCS services, the Commission uses the term ``entrepreneur'' to refer to a level of small business eligibility for bidding credits. See, e.g., id. §§ 22.229, 27.702, 101.538, 101.1107, 101.1112, 101.1429. In the context of Broadband PCS, an applicant or licensee generally qualifies as an entrepreneur if it, together with its affiliates, persons or entities that hold interests in the applicant or licensee, and their affiliates, has combined total assets of less than $500 million and has had combined gross revenues of less than $125 million in each of
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  • would be consistent with general Federal stimulus funds is likewise unconvincing because it is not obvious that Denali's plans align with the goals of the Broadband Technologies Opportunities Program authorized by Congress. We note that the Bureau has previously denied requests to waive our unjust enrichment rules. See Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17, Order, 17 FCC Rcd 7084 (WTB 2002); Telecorp PCS, Tritel, Inc., et al., Memorandum Opinion and Order, 16 FCC Rcd 3716, 3733-37 ¶¶ 42-49 (WTB 2000). TCA Comments at 2-4. TCA points to the lack of opposition to Denali's request as a further
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  • forbearance would be consistent with general Federal stimulus funds is likewise unconvincing because it is not obvious that Denali's plans align with the goals of the Broadband Technologies Opportunities Program authorized by Congress. 58We note that the Bureau has previously denied requests to waive our unjust enrichment rules. SeeWinstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17, Order,17 FCC Rcd 7084 (WTB 2002); Telecorp PCS, Tritel, Inc., et al., Memorandum Opinion and Order, 16 FCC Rcd 3716, 3733-37 ¶¶ 42-49 (WTB 2000). 59TCA Comments at 2-4. TCA points to the lack of opposition to Denali's request as a further reason
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  • of the Census, U.S. Dept. of Commerce, 1992 Census of Transportation, Communications, and Utilities: Establishment and Firm Size, at Firm Size 1-123 (1995) (1992 Census). See generally 15 U.S.C. § 632(a)(1). 1992 Census, at Firm Size 1-123. 13 C.F.R. § 121.201, SIC code 4813. Id. Carrier Locator Interstate Service Providers, Figure 1 (January 2000). 47 CFR 101.1005, 101.1007. 47 CFR 101.1107(a)-(c), 101.1112. 13 CFR 121.201, SIC 4841. 47 CFR 76.901(e). The Commission developed this definition based on its determination that a small cable system operator is one with annual revenues of $100 million or less. Implementation of Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR
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  • 1-123 (1995) (1992 Census). See generally 15 U.S.C. § 632(a)(1). 1992 Census, at Firm Size 1-123. 13 C.F.R. § 121.201, SIC code 4813. Id. Carrier Locator Interstate Service Providers, Figure 1 (January 2000). 13 CFR 121.201, SIC code 4813. FCC, Common Carrier Bureau, Industry Analysis Division, Trends in Telephone Service, Table 19.3 (March 2000). 47 CFR 101.1005, 101.1007. 47 CFR 101.1107(a)-(c), 101.1112. 13 C.F.R. § 121.201, SIC code 4812. U.S. Bureau of the Census, U.S. Dept. of Commerce, 1992 Census of Transportation, Communications, and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5, Employment Size of Firms; 1992, SIC code 4812 (issued May 1995). Amendment of Part 90 of the Commission's Rules To Provide for the Use of the 220-222
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  • forth in the rules in this part, and any applicable Public Notices that the Commission may issue in connection with an auction. After an auction, the Commission will not accept long-form applications for LMDS licenses from anyone other than the auction winners and parties seeking partitioned licenses pursuant to agreements with auction winners under Sec. 101.1111 of this chapter. Sec. 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs; unjust enrichment. (a) A winning bidder that qualifies as a very small business or a consortium of very small businesses pursuant to Sec. 101.1112 may use a bidding credit of 45 percent to lower the cost of its winning bid. Attachment D A-21 (b) A winning bidder that qualifies as
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  • auctions. See, e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 29 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. 30 First PFR at 5-10 (citing Hunt v. Cromartie, 526 U.S. 541 (1999) ("a law that is facially neutral with respect to race classification warrants strict scrutiny under the Equal Protection Clause only if it can be proved that the
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  • e.g., 47 C.F.R. § 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. § 90.810 (900 MHz 206 Specialized Mobile Radio); 47 C.F.R. § 90.1017 (Phase II 220 MHz Service); 47 C.F.R. § 90.1103 (Location and Monitoring Service); 47 C.F.R. § 80.1252 (VHF Public Coast Service); 47 C.F.R. §§ 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. § 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. § 27.209 (WCS). 35 means to encourage minority and female participation in telecommunications ownership, we will provide a remedy responsive to commenters and the issues raised in the Graceba Emergency Petition and the Remand Petition, as well as the Community Application for Review. We will eliminate from our rules the minority- and women-owned business
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  • which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B) . . . ." See
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  • which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B) . . . ." See
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  • which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B) . . . ." See
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  • forth in the rules in this part, and any applicable Public Notices that the Commission may issue in connection with an auction. After an auction, the Commission will not accept long-form applications for LMDS licenses from anyone other than the auction winners and parties seeking partitioned licenses pursuant to agreements with auction winners under Sec. 101.1111 of this chapter. Sec. 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs; unjust enrichment. (a) A winning bidder that qualifies as a very small business or a consortium of very small businesses pursuant to Sec. 101.1112 may use a bidding credit of 45 percent to lower the cost of its winning bid. Attachment D A-21 (b) A winning bidder that qualifies as
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 02-887 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17 Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC ))))))))))))File No. 0000721683 ORDER Adopted: April 17, 2002 Released: April 17, 2002 By the Deputy Chief, Auctions and Industry Analysis Division: I. INTRODUCTION 1. In
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  • business, and entrepreneur (including calculation of gross annual revenue) are set forth in 47 C.F.R. § 101.1112. 8 LMDS bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their BTA licenses to an entity not qualifying for the same levels of bidding credits. See 47 C.F.R. §§ 101.1107(e). 9 3. PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175) -- Due November 17, 1997 In order to be eligible to bid in this auction, applicants must first submit an FCC Form 175 application. This application must be received at the Commission by 5:30 p.m. ET on November 17, 1997. Late applications will not be accepted. There is no application
• http://wireless.fcc.gov/auctions/17/releases/da980303.pdf http://wireless.fcc.gov/auctions/17/releases/da980303.txt http://wireless.fcc.gov/auctions/17/releases/da980303.wp
  • the Freedom of Information Act, 5 U.S.C. § 552. We find that your request does not meet the requirements set forth in Section 0.459 of the Commission's rules. Northeast's status as a privately held company does not justify withholding from inspection materials that bear upon its qualifications to participate in the LMDS auction as a "small business". See Sections 101.1104, 101.1107, 101.1109 and 101.1112. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Kathleen O'Brien Ham Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/17/releases/da990802.pdf http://wireless.fcc.gov/auctions/17/releases/da990802.txt http://wireless.fcc.gov/auctions/17/releases/da990802.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-802 Nextband's LMDS applications were consolidated under File Number 0000000114. 1 Baker Creek Communications, L.P. Petition for Reconsideration and Request for Expedited Review or Stay (July 17, 2 1998) (Petition). Id. at 1 n.1, 2. 3 See 49 C.F.R. §§ 101.1107, 101.1112. 4 Letter from Thomas Gutierrez and David LaFuria, Law Firm of Lukas, Nace, Gutierrez and Sachs, to Daniel Phythyon, 5 Chief, Wireless Telecommunications Bureau, Federal Communications Commission (FCC) Re: Request for Immediate Ruling On Eligibility for Discount of Baker Creek Communications, L.P., LMDS Auction (dated Mar. 9, 1998) (Gutierrez Letter). Before the Federal Communications Commission Washington, D.C. 20554 In
• http://wireless.fcc.gov/auctions/17/releases/erratum2.pdf http://wireless.fcc.gov/auctions/17/releases/erratum2.txt http://wireless.fcc.gov/auctions/17/releases/erratum2.wp
  • at the end of the section and replacing it with the phrase §101.1003(e)''. 10. Section 101.1009 of the rules is revised in paragraph (a) by redesignating paragraphs (a)(1)(A) through (a)(1)(C) as paragraphs (a)(1)(i) through (a)(1)(iii). 11. Section 101.1017 of the rules is revised by redesignating the text of paragraph (a)(1) as paragraph (a). Federal Communications Commission PAGE 3 12. Section 101.1107 of the rules is revised in paragraph (d) by redesignating paragraphs (d)(2)(1) through (d)(2)(4) as paragraphs (d)(2)(i) through (d)(2)(iv). FEDERAL COMMUNICATIONS COMMISSION Daniel B. Phythyon, Acting Chief Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/17/releases/fc000044.doc http://wireless.fcc.gov/auctions/17/releases/fc000044.pdf http://wireless.fcc.gov/auctions/17/releases/fc000044.txt
  • forth additional bases in support of its Application. We hereby grant this Motion. See Auction of Local Multipoint Distribution Service, Auction Notice and Filing Requirements for 986 Basic Trading Area Licenses in the 28 GHz and 31 GHz Bands, Scheduled for December 10, 1997, Public Notice, DA 97-2081, 13 FCC Rcd 7754 at 7760 (1997); see also 47 C.F.R. §§ 101.1107 and 101.1112. See 47 C.F.R. § 101.1109 (1997). See 47 C.F.R. §§ 0.457 and 0.459. The Commission amended Section 0.459 after Northeast submitted its request and after the Auctions Division acted on the request. See In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order,
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • (c). 36. A new subpart M consisting of §§ 101.1101 through 101.1112 will be added to Part 101 to read as follows: Subpart M -- Competitive Bidding Procedures for LMDS Sec. 101.1101LMDS service subject to competitive bidding. 101.1102Competitive bidding design for LMDS. 101.1103Competitive bidding mechanisms. 101.1104Bidding application (FCC Forms 175 and 175-S). 101.1105Submission of payments. 101.1106Long-form application (FCC Form 600). 101.1107Bidding credits for small businesses and entities with average gross revenues of not more than $75 million. 101.1108Installment payments for licenses won by small businesses and entities with average gross revenues of not more than $75 million. 101.1109Certifications, disclosures, records maintenance and audits. 101.1110Petitions to deny. 101.1111Procedures for partitioned licenses. 101.1112Definitions. § 101.1101LMDS service subject to competitive bidding. Mutually exclusive initial
• http://wireless.fcc.gov/auctions/17/releases/fc970323.pdf http://wireless.fcc.gov/auctions/17/releases/fc970323.txt http://wireless.fcc.gov/auctions/17/releases/fc970323.wp
  • Report and Order at ¶¶ 340-363. We note that this is the first time in the LMDS 3 proceeding in which the term "entrepreneurs" has been used to refer to entities with average gross revenues for the preceding three years of more than $40 million but not more than $75 million. 47 C.F.R. § 101.1112(b). 4 See 47 C.F.R. §§ 101.1107(b), 101.1108(b), and 101.1112 (b)(2). 5 See 47 C.F.R. §§ 101.1107(a) and 101.1108(a). 6 See 47 C.F.R. § 101.1108(a). 7 See CellularVision Petition for Partial Reconsideration (filed May 29, 1997) ("CellularVision Petition") 8 (requesting adoption of a second installment payment plan for small businesses); WebCel Petition for Partial Reconsideration (filed May 29, 1997) ("WebCel Petition") (requesting adoption of a "very small
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_b.pdf
  • small business, and entrepreneur (including calculation of gross annual revenue) are set forth in 47 C.F.R. § 101.1112. LMDS bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their BTA licenses to an entity not qualifying for the same levels of bidding credits. See 47 C.F.R. §§ 101.1107(e). 3. PRE-AUCTION PROCEDURES A. Short-Form Application (FCC Form 175) -- Due November 17, 1997 In order to be eligible to bid in this auction, applicants must first submit an FCC Form 175 application. This application must be received at the Commission by 5:30 p.m. ET on November 17, 1997. Late applications will not be accepted. There is no application fee
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • (c). 36. A new subpart M consisting of §§ 101.1101 through 101.1112 will be added to Part 101 to read as follows: Subpart M -- Competitive Bidding Procedures for LMDS Sec. 101.1101LMDS service subject to competitive bidding. 101.1102Competitive bidding design for LMDS. 101.1103Competitive bidding mechanisms. 101.1104Bidding application (FCC Forms 175 and 175-S). 101.1105Submission of payments. 101.1106Long-form application (FCC Form 600). 101.1107Bidding credits for small businesses and entities with average gross revenues of not more than $75 million. 101.1108Installment payments for licenses won by small businesses and entities with average gross revenues of not more than $75 million. 101.1109Certifications, disclosures, records maintenance and audits. 101.1110Petitions to deny. 101.1111Procedures for partitioned licenses. 101.1112Definitions. § 101.1101LMDS service subject to competitive bidding. Mutually exclusive initial
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure. We propose to apply these same rules to the 191 reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 47 C.F.R. § 24.712(a). 192 See 47 C.F.R. §§ 24.717, 101.1107. 193 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant 194 to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B) . . . ." See
• http://wireless.fcc.gov/auctions/23/releases/da990266.pdf http://wireless.fcc.gov/auctions/23/releases/da990266.txt http://wireless.fcc.gov/auctions/23/releases/da990266.wp
  • itself, its affiliates, and its controlling principals, a schedule of gross revenues for each of the preceding three years, as well as a statement of total average gross revenues for the three-year period. If the applicant is applying as a consortium of very small or small businesses, this information must be provided for each consortium member. See 47 C.F.R. § 101.1107. Id. 12 B. Bidding Credits Applicants that qualify under the definitions of entrepreneur, very small business, and small business (or consortia of entrepreneurs, very small, or small businesses) (including calculation of average gross revenues) as are set forth in 47 C.F.R. § 101.1112, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • RTG Comments at 17-18. PCIA Comments at 20-21; RTG Comments at 17-18; Teligent Reply Comments at 5-6. PCIA Comments at 20; RTG Comments at 18. In the LMDS auction, bidding credits of 35 percent and 45 percent were available for small and very small businesses, respectively, and a 25 percent bidding credit was available for entrepreneurs. See 47 C.F.R. § 101.1107. Teligent Comments at 49; Teligent Reply Comments at 5-6. For the 39 GHz auction, small businesses received a 25 percent bidding credit and very small businesses received a 35 percent bidding credit. See 47 C.F.R. § 101.1208 47 C.F.R. § 1.2110(e). Part 1 Third Report and Order, 13 FCC Rcd at 402-04 ¶¶ 45-48; 47 C.F.R. § 1.2110(e). Id. at
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=17&page=O
  • America [39]FCC > [40]WTB > [41]Auctions Home > [42]Summary > Releases For Auction 17 [43]FCC Site Map Auction 17 Local Multipoint Distribution System (LMDS) Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Application Search Orders 4/17/2002 ORDER (DA 02-887) Winstar LMDS, LLC This Order denies Winstar's request for waiverof the unjust enrichment provisions in sections 1.211(d) and101.1107(e) of the Commission's rules with respect to a pendingapplication to assign fifteen LMDS licenses to a non-designatedentity. [47]pdf - [48]text 8/17/1999 MEMERANDUM OPINION AND ORDER (DA 99-1642) In the Matter of Request for Waiver of Section 101.1003(a) of the Commission's Rules Establishing Eligibility Restrictions on Incumbent LECs and Cable Operators in the Local Multipoint Distribution Service This Order denies five
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2002&m=4
  • in the upcoming auction of licenses in the 698-746 MHz ("Lower 700 MHz") band, scheduled for June 19, 2002. [84]pdf - [85]text Attachment A: [86]pdf - [87]xls Attachment B: [88]pdf - [89]xls Attachment C: [90]pdf - [91]xls 4/17/2002 ORDER (DA 02-887) Auction [92]17 Winstar LMDS, LLC This Order denies Winstar's request for waiverof the unjust enrichment provisions in sections 1.211(d) and101.1107(e) of the Commission's rules with respect to a pendingapplication to assign fifteen LMDS licenses to a non-designatedentity. [93]pdf - [94]text 4/16/2002 ERRATUM (DA 02-880) Auction [95]31 Erratum to Procedures PN DA 02-659 This Erratum amends the public notice "Auction of Licenses in the 747-792 MHz Bands Scheduled for June 19, 2002; Further Modification of Package Bidding Procedures and Other Procedures
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of section 1.2111 of the Commission's rules,87 are modified or removed in whole or in part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i);88 90.910(b); 90.911(c); 90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 101.1323(c).89 16. Ownership disclosure requirements for short- and long-form applications. Section 1.2112 of the Commission's rules contains the Commission's ownership disclosure requirements for both the short-form application, which is a pre-requisite to participation in an auction,90 and the long-form application, which is filed by the winning bidder(s) to assist the Commission in determining whether the winning bidder
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=17
  • en-usTue, 06 Dec 2005 09:56:14 EST http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=17 http://wireless.fcc.gov/auctions/default.htm?job=release&id=84&y=2006Tu e, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=90&y=200 6Tue, 31 Oct 2006 05:00:00 GMThttp://wireless.fcc.gov/auctions/default.htm?job=release&id=94&y=200 6Tue, 31 Oct 2006 05:00:00 GMTThis letter calculates New Wave's final default payment obligations for Auction No. 17.http://wireless.fcc.gov/auctions/default.htm?job=release&id=99&y=200 2Thu, 22 Aug 2002 04:00:00 GMTThis Order denies Winstar's request for waiver of the unjust enrichment provisions in sections 1.211(d) and 101.1107(e) of the Commission's rules with respect to a pending application to assign fifteen LMDS licenses to a non-designated entity.http://wireless.fcc.gov/auctions/default.htm?job=release&id=98&y =2002Wed, 17 Apr 2002 04:00:00 GMTThis Order denies the application Northeast filed to participate in the Commission's LMDS auction as a small business entity, eligible for a 35% bidding credit, based on its gross revenues and average gross revenues for the
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99379.doc
  • 1-123. 13 C.F.R. § 121.210, SIC Code 4813. See 47 C.F.R. § 64.601 et seq.; Carrier Locator at Fig. 1. Carrier Locator at Fig. 1. The total for resellers includes both toll resellers and local resellers. The TRS category for CAPs also includes competitive local exchange carriers (CLECs) (total of 129 for both). 47 C.F.R. §§ 101.1005, 101.1007. 47 C.F.R. §§101.1107(a)-(c), 101.1112. 13 C.F.R. § 121.201, SIC 4841. 1992 Economic Census Industry and Enterprise Receipts Size Report, Table 2D, SIC code 4841 (U.S. Bureau of the Census data under contract to the Office of Advocacy of the U.S. Small Business Administration). 47 C.F.R. § 76.901(e). The Commission developed this definition based on its determination that a small cable system operator is
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00223.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00223.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00223.txt
  • of the Census, U.S. Dept. of Commerce, 1992 Census of Transportation, Communications, and Utilities: Establishment and Firm Size, at Firm Size 1-123 (1995) (1992 Census). See generally 15 U.S.C. § 632(a)(1). 1992 Census, at Firm Size 1-123. 13 C.F.R. § 121.201, SIC code 4813. Id. Carrier Locator Interstate Service Providers, Figure 1 (January 2000). 47 CFR 101.1005, 101.1007. 47 CFR 101.1107(a)-(c), 101.1112. 13 CFR 121.201, SIC 4841. 47 CFR 76.901(e). The Commission developed this definition based on its determination that a small cable system operator is one with annual revenues of $100 million or less. Implementation of Sections of the 1992 Cable Act: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR
• http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.wp
  • which are codified at 47 C.F.R. § 1.2105, would enhance the competitiveness of both the auction process and the post-auction market structure.191 We propose to apply these same rules to the reauction of licenses surrendered to the Commission. We seek comment on this proposal. Federal Communications Commission FCC 97-342 192 47 C.F.R. § 24.712(a). 193 See 47 C.F.R. §§ 24.717, 101.1107. 194 Section 309(j)(4) of the Communications Act states that the Commission shall, in prescribing regulations pursuant to these objectives and others, "consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B) . . . ." See 47
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00044.doc
  • forth additional bases in support of its Application. We hereby grant this Motion. See Auction of Local Multipoint Distribution Service, Auction Notice and Filing Requirements for 986 Basic Trading Area Licenses in the 28 GHz and 31 GHz Bands, Scheduled for December 10, 1997, Public Notice, DA 97-2081, 13 FCC Rcd 7754 at 7760 (1997); see also 47 C.F.R. §§ 101.1107 and 101.1112. See 47 C.F.R. § 101.1109 (1997). See 47 C.F.R. §§ 0.457 and 0.459. The Commission amended Section 0.459 after Northeast submitted its request and after the Auctions Division acted on the request. See In the Matter of Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, GC Docket No. 96-55, Report and Order,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • RTG Comments at 17-18. PCIA Comments at 20-21; RTG Comments at 17-18; Teligent Reply Comments at 5-6. PCIA Comments at 20; RTG Comments at 18. In the LMDS auction, bidding credits of 35 percent and 45 percent were available for small and very small businesses, respectively, and a 25 percent bidding credit was available for entrepreneurs. See 47 C.F.R. § 101.1107. Teligent Comments at 49; Teligent Reply Comments at 5-6. For the 39 GHz auction, small businesses received a 25 percent bidding credit and very small businesses received a 35 percent bidding credit. See 47 C.F.R. § 101.1208 47 C.F.R. § 1.2110(e). Part 1 Third Report and Order, 13 FCC Rcd at 402-04 ¶¶ 45-48; 47 C.F.R. § 1.2110(e). Id. at
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00327.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00327.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00327.txt
  • 1-123 (1995) (1992 Census). See generally 15 U.S.C. § 632(a)(1). 1992 Census, at Firm Size 1-123. 13 C.F.R. § 121.201, SIC code 4813. Id. Carrier Locator Interstate Service Providers, Figure 1 (January 2000). 13 CFR 121.201, SIC code 4813. FCC, Common Carrier Bureau, Industry Analysis Division, Trends in Telephone Service, Table 19.3 (March 2000). 47 CFR 101.1005, 101.1007. 47 CFR 101.1107(a)-(c), 101.1112. 13 C.F.R. § 121.201, SIC code 4812. U.S. Bureau of the Census, U.S. Dept. of Commerce, 1992 Census of Transportation, Communications, and Utilities, UC92-S-1, Subject Series, Establishment and Firm Size, Table 5, Employment Size of Firms; 1992, SIC code 4812 (issued May 1995). Amendment of Part 90 of the Commission's Rules To Provide for the Use of the 220-222
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • forth in the rules in this part, and any applicable Public Notices that the Commission may issue in connection with an auction. After an auction, the Commission will not accept long-form applications for LMDS licenses from anyone other than the auction winners and parties seeking partitioned licenses pursuant to agreements with auction winners under Sec. 101.1111 of this chapter. Sec. 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs; unjust enrichment. (a) A winning bidder that qualifies as a very small business or a consortium of very small businesses pursuant to Sec. 101.1112 may use a bidding credit of 45 percent to lower the cost of its winning bid. Attachment D A-21 (b) A winning bidder that qualifies as