FCC Web Documents citing 101.1109

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees. Assignment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees. Assignment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-887A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-887A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-887A1.txt
  • (Winstar Wireless Fiber Corp.), and 0000721675 (WWI License Holding, Inc.). This includes the fifteen LMDS licenses that were purchased in Auction No. 17 and one non-auctioned LMDS license. Application of Winstar LMDS, LLC (debtor-in-possession), File No. 0000721683, Attachment 2 at 1, fn. 2 (Jan. 10, 2002). Id. at Attachment 4. Waiver Request at 2, fn. 5. 47 C.F.R. §§ 1.2111(d)(1), 101.1109(e)(1). 47 C.F. R. §§ 1.2111(d)(2), 101.1109(e)(2). Waiver Request at 10. Id. at 4-5. Id. at 8. The bidding credit is calculated as twenty-five percent of the winning bid on each LMDS license. 47 C.F.R. § 101.1107(c). The winning bids for the fifteen LMDS licenses totaled approximately 57 million dollars. Auction No. 17 Closing PN , 13 FCC Rcd 18217, Attachment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • 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 Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 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 Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • 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 maintenance.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-44A1.txt
  • 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'' eligible for a 35 percent bidding credit. III. DISCUSSION Northeast alleges in its Application that the Auctions Division declined to grant the request for confidentiality because the information was required for filing under Section 101.1109(a)(2) of the Commission's Rules and that the Auctions Division did not take into account that Northeast's competitive position in the auction would be compromised if its financial position were made available to the public, including auction participants against whom Northeast would be bidding. We disagree. As the Auctions Division correctly stated, Section 0.459 (b) of the Commission's Rules requires an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • cost of its winning bid. (c) A winning bidder that qualifies as an entrepreneur, as defined in § 101.1112, or a consortium of entrepreneurs may use a bidding credit of 25 percent to lower the cost of its winning bid. (d) The bidding credits referenced in paragraphs (a), (b) and (c) of this section are not cumulative. 52. Revise § 101.1109 to read as follows: § 101.1109 Records maintenance. All winning bidders qualifying as very small businesses, small businesses or entrepreneurs shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any document necessary to establish eligibility as a very small business, small business or entrepreneur. Licensees (and their successors-in- interest) shall maintain
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
  • Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5702 ¶ 26 (1997) (``Part 1 Order''). 47 C.F.R. § 90.814(g) (2001); see Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See, e.g., 47 C.F.R. §§ 1.948, 1.2105, 1.2110, 1.2112, 20.6, 21.38, 22.223, 22.225. See, e.g., id. §§ 1.2110, 22.223, 27.210, 90.814, 90.912, 90.1021, 101.1109. See Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See generally Part 1 Fifth Report and Order, 15 FCC Rcd at 15293. Id. at 15323 ¶ 59. 47 C.F.R. § 1.2110(c)(2). Id. Id. In Ellis Thompson, the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • the post-transfer licensee is eligible); (ii) In year three of the license term the payment will be 75 percent; (iii) In year four of the license term the payment will be 50 percent; and (iv) In year five of the license term the payment will be 25 percent, after which there will be no required payment. Attachment D A-22 Sec. 101.1109 Certifications, disclosures, records maintenance and audits. (a) Short-form applications: certifications and disclosure. In addition to certifications and disclosures required in part 1, subpart Q, of this chapter, each applicant for an LMDS license which qualifies as a very small business, small business or entrepreneurs pursuant to Sec. 101.1112 shall append the following information as an exhibit to its short-form applications
• http://wireless.fcc.gov/auctions/17/releases/d980572x.pdf http://wireless.fcc.gov/auctions/17/releases/d980572x.txt http://wireless.fcc.gov/auctions/17/releases/d980572x.wp
  • the post-transfer licensee is eligible); (ii) In year three of the license term the payment will be 75 percent; (iii) In year four of the license term the payment will be 50 percent; and (iv) In year five of the license term the payment will be 25 percent, after which there will be no required payment. Attachment D A-22 Sec. 101.1109 Certifications, disclosures, records maintenance and audits. (a) Short-form applications: certifications and disclosure. In addition to certifications and disclosures required in part 1, subpart Q, of this chapter, each applicant for an LMDS license which qualifies as a very small business, small business or entrepreneurs pursuant to Sec. 101.1112 shall append the following information as an exhibit to its short-form applications
• http://wireless.fcc.gov/auctions/17/releases/da020887.pdf http://wireless.fcc.gov/auctions/17/releases/da020887.txt
  • 0000721675 (WWI License Holding, Inc.). 16 This includes the fifteen LMDS licenses that were purchased in Auction No. 17 and one non-auctioned LMDS license. 17 Application of Winstar LMDS, LLC (debtor-in-possession), File No. 0000721683, Attachment 2 at 1, fn. 2 (Jan. 10, 2002). 18 Id. at Attachment 4. 19 Waiver Request at 2, fn. 5. 20 47 C.F.R. §§ 1.2111(d)(1), 101.1109(e)(1). 21 47 C.F. R. §§ 1.2111(d)(2), 101.1109(e)(2). 22Waiver Request at 10. 23Id. at 4-5. 24 Id. at 8. 25 The bidding credit is calculated as twenty-five percent of the winning bid on each LMDS license. 47 C.F.R. § 101.1107(c). The winning bids for the fifteen LMDS licenses totaled approximately 57 million dollars. Auction No. 17 Closing PN , 13 FCC
• http://wireless.fcc.gov/auctions/17/releases/da972081.pdf http://wireless.fcc.gov/auctions/17/releases/da972081.txt http://wireless.fcc.gov/auctions/17/releases/da972081.wp
  • has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; or the entity plays an integral role in management decisions. (3) Application Showing Applicants should note that they will be required to file supporting documentation to establish that they satisfy the eligibility requirements for this auction. See 47 C.F.R. §§ 1.2105 and 101.1109. B. Bidding Credits Qualifying LMDS applicants are eligible for bidding credits. The size of an LMDS bidding credit depends on the annual gross revenues of the bidder and its controlling principles and affiliates, as averaged over the preceding three years: A bidder with gross annual revenues of not more than $15 million receives a 45 percent discount on its winning
• 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
  • 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/fc000044.doc http://wireless.fcc.gov/auctions/17/releases/fc000044.pdf http://wireless.fcc.gov/auctions/17/releases/fc000044.txt
  • 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'' eligible for a 35 percent bidding credit. III. DISCUSSION Northeast alleges in its Application that the Auctions Division declined to grant the request for confidentiality because the information was required for filing under Section 101.1109(a)(2) of the Commission's Rules and that the Auctions Division did not take into account that Northeast's competitive position in the auction would be compromised if its financial position were made available to the public, including auction participants against whom Northeast would be bidding. We disagree. As the Auctions Division correctly stated, Section 0.459 (b) of the Commission's Rules requires an
• 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
  • 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 applications for LMDS licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this part. Federal Communications Commission FCC 97-82 APPENDIX A
• 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
  • FCC 97-323 WebCel Petition at 2-3 and 5-12; Zip Opposition at 4-6; NVCA Letter at 2. 58 WebCel Petition at 2-3 and 5-12. 59 Zip Opposition at 4-6. Zip theorizes that the lack of discussion in the LMDS Second Report and Order of our 60 decision not to adopt an asset threshold test, as well as the requirement in Section 101.1109(c) of the Commission's Rules that winning bidders' records include asset information, indicates that the absence of an asset test may have been an oversight. Id. at 5-6. See also 47 C.F.R. § 101.1109(c). 15 entail reducing the bidding credits available to small businesses and entrepreneurs at the same time that we are eliminating installment payments. CellularVision has not provided any
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_b.pdf
  • has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; or the entity plays an integral role in management decisions. (3) Application Showing Applicants should note that they will be required to file supporting documentation to establish that they satisfy the eligibility requirements for this auction. See 47 C.F.R. §§ 1.2105 and 101.1109. B. Bidding Credits Qualifying LMDS applicants are eligible for bidding credits. The size of an LMDS bidding credit depends on the annual gross revenues of the bidder and its controlling principles and affiliates, as averaged over the preceding three years: A bidder with gross annual revenues of not more than $15 million receives a 45 percent discount on its winning
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_d.pdf
  • Small Business, Small Business, or Entrepreneur Applicant: Applicants claiming status as a very small business, small business, or entrepreneur must attach an exhibit regarding this status. Very small business, small business, and entrepreneur applicants must set forth the average gross revenues for the preceding three years for the applicant (including affiliates and controlling principals), as prescribed by 47 C.F.R. § 101.1109. Certification that the average gross revenues for the preceding three years do not exceed the required limit is insufficient. Exhibit D -- Information Requested of Designated Entities: Applicants owned by minorities or women, as defined in 47 C.F.R. § 1.2110(b), or who are rural telephone companies, may attach an exhibit regarding this status. This information, in conjunction with the information
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • 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 applications for LMDS licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this part. Federal Communications Commission FCC 97-82 APPENDIX A
• http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
  • or a consortium of small or very small businesses must list and summarize all agreements and other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as an entrepreneur, a small business, a very small business, or a consortium of small or very small businesses under sections 1.2112 and 101.1109 of the Commission's rules, including the establishment of defacto and dejure control. See 47 C.F.R. §§ 1.2112(b)(2), 101.1112(h). Such agreements and instruments include, but are not limited to, articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements including letters of intent, oral or
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 1.2110(b) of the Commission's rules,79 the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2).80 We modify the following service-specific rules by changing the term "controlling principal" to "controlling interest" to conform the rules with the Commission's general competitive bidding rules:81 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e).82 Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules,83 the Part 1 definition of "controlling interest": 22.223(e); 22.225(e); 24.321(b); 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b).84 We also modify section 24.709 to clarify its applicability to existing licensees.85 75 Other
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00044.doc
  • 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'' eligible for a 35 percent bidding credit. III. DISCUSSION Northeast alleges in its Application that the Auctions Division declined to grant the request for confidentiality because the information was required for filing under Section 101.1109(a)(2) of the Commission's Rules and that the Auctions Division did not take into account that Northeast's competitive position in the auction would be compromised if its financial position were made available to the public, including auction participants against whom Northeast would be bidding. We disagree. As the Auctions Division correctly stated, Section 0.459 (b) of the Commission's Rules requires an
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • the post-transfer licensee is eligible); (ii) In year three of the license term the payment will be 75 percent; (iii) In year four of the license term the payment will be 50 percent; and (iv) In year five of the license term the payment will be 25 percent, after which there will be no required payment. Attachment D A-22 Sec. 101.1109 Certifications, disclosures, records maintenance and audits. (a) Short-form applications: certifications and disclosure. In addition to certifications and disclosures required in part 1, subpart Q, of this chapter, each applicant for an LMDS license which qualifies as a very small business, small business or entrepreneurs pursuant to Sec. 101.1112 shall append the following information as an exhibit to its short-form applications