FCC Web Documents citing 101.1112

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-333A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-333A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-333A1.txt
  • 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 Frequency Band, To Reallocate the 29.5-30.0 Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 12545, 12690 (1997); see also 47 C.F.R. § 101.1112(c). In the Matter of Rulemaking To Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 Frequency Band, To Reallocate the 29.5-30.0 Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Order on Reconsideration, 12 FCC Rcd 15082, 15094 (1997); see also 47 C.F.R. § 101.1112(b).
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  • 00-2154 (rel. Sept. 25, 2000). See In the Matter of Amendment of Part 1 of the Commission's Rules Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15324 (2000) ¶ 59 & n.194 (citing 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS)). See 47 C.F.R. §§ 1.2104(g), 1.2109(b). See 47 C.F.R. §§ 1.2109(b), 1.2104(g). The default payment amount, in the event a bidding credit applies, is calculated on the difference between the net bid amounts or the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2421A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2421A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2421A1.txt
  • to Redesignate the 27.5-29.5 GHz Frequency Band to Reallocate the 29.5-30.0 GHz Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd. 12545, 12691-92(1997)). Although, a different affiliation rule was at issue in Baker Creek, 47 C.F.R. § 101.1112(h)(1), the wording of the rules is the same, thus our interpretation here should be the same. Compare 47 C.F.R. § 24.720(l) with 47 C.F.R. § 101.1112(h)(1). We note that under the new ``controlling interest'' standard, individuals or entities that have either de facto or de jure control will be attributed to the applicant. Amendment of Part 1 of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3024A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3024A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3024A1.txt
  • 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band to Reallocate the 29.5-30.0 GHz Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 12545, 12691-92 (1997)). Although a different affiliation rule, 47 C.F.R. § 101.1112(h), was at issue in Baker Creek than the one here, the wording of the two rules is the same; thus our interpretation here should be the same. Compare 47 C.F.R. § 24.720(l) with 47 C.F.R. § 101.1112(h)(1). See also In re Application of ClearComm, L.P., Memorandum Opinion and Order, DA 01-2421, 2001 WL 1242374 (F.C.C.) (AIAD rel. Oct. 17, 2001).
• 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
  • 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 or transfer
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • 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 or transfer
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  • 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 Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • 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 Rules
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  • 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. 101.1111 Partitioning
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  • E at 534-536 (proposed revision to 47 C.F.R. § 1.2110). Second Notice, 13 FCC Rcd at 477, ¶ 183. Id. at 477, ¶ 185. Id. at 477-478, ¶ 185. Id. at 478, ¶ 186. See 47 C.F.R. § 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. § 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz service); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, ¶ 9, (1994) ("Ellis Thompson"), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and
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  • (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 MHz
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  • 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, FCC 98-184,
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  • 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 Frequency Band, To Reallocate the 29.5-30.0 Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 12545, 12690 (1997); see also 47 C.F.R. § 101.1112(c). In the Matter of Rulemaking To Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 Frequency Band, To Reallocate the 29.5-30.0 Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Order on Reconsideration, 12 FCC Rcd 15082, 15094 (1997); see also 47 C.F.R. § 101.1112(b).
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  • 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 qualifies as a small business, as defined in § 101.1112, or a consortium of small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid.
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  • 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 the
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00223.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00223.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00223.txt
  • 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 10,534
• http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • development of technology and the flow of capital into this nascent service while preventing the anticompetitive activities from incumbent LECs and incumbent cable companies that the restriction addressed. Federal Communications Commission FCC 98-15 114 Second Report and Order, 12 FCC Rcd at 12630-31 (para. 192), adopting 47 C.F.R. § 101.1003(e)(5). 115 Webcel Petition at 22 n.48, citing 47 C.F.R. § 101.1112(d)(5). 116 Bell Atlantic Opposition at 5-6. Bell Atlantic also argues that Webcel's request is procedurally defective because Webcel failed to raise this issue in the comments to the Fourth NPRM and cannot at this late date raise the matter for the first time, citing 47 C.F.R. § 1.429(b). We disagree. We find it unnecessary to reach the merits of Bell
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00327.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00327.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00327.txt
  • (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 MHz
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • to be disclosed pursuant to 47 C.F.R. § 1.2112(a)(1) and (3). Each such business principal business and a description of each such business relationship to applicant must be included. To comply with 47 C.F.R. 1.2112(a)(5), an applicant must list the names, addresses, and citizenship of all persons or entities meeting the definition of "affiliate" as defined in 47 C.F.R. § 101.1112(d). To the extent that such entities are not included in Parts 1 and 2 of Exhibit A, they should be identified and included in Part 3. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit A: Ownership" in the File Description field on the Attachment screen. EXHIBIT B: FOREIGN OWNERSHIP If the applicant has responded "yes" to either Question
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  • Notice of Proposed Rulemaking, 12 FCC Rcd 12545 (1997) (Second Report & Order). 2. See id. at 12618, 163-164. 3. See id. at 12617, 163. 4. Id. at 12616, 161. 5. Id. at 12616-17, 162. 6. Id. at 12617-18, 163 (footnote omitted). 7. Id. at 12622, 173. 8. Id. 9. Id. at 12623, 175 (footnote omitted). 10. See 47 C.F.R. 101.1112(h)(5) (1997) ("Stock options, convertible debentures, and agreements to merge (including agreements in principle) are generally considered to have a present effect on the power to control the concern."). 11. Second Report & Order, 12 FCC Rcd at 12633, 198. 12. See Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Further Notice of Proposed Rule Making, 11
• http://wireless.fcc.gov/auctions/05/releases/da012421.pdf http://wireless.fcc.gov/auctions/05/releases/da012421.txt
  • to Redesignate the 27.5-29.5 GHz Frequency Band to Reallocate the 29.5-30.0 GHz Band, to Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd. 12545, 12691-92(1997)). Although, a different affiliation rule was at issue in Baker Creek, 47 C.F.R. § 101.1112(h)(1), the wording of the rules is the same, thus our interpretation here should be the same. Compare 47 C.F.R. § 24.720(l) with 47 C.F.R. § 101.1112(h)(1). 49 We note that under the new "controlling interest" standard, individuals or entities that have either de facto or de jure control will be attributed to the applicant. Amendment of Part 1 of the
• http://wireless.fcc.gov/auctions/17/releases/d980572d.pdf http://wireless.fcc.gov/auctions/17/releases/d980572d.txt http://wireless.fcc.gov/auctions/17/releases/d980572d.wp
  • to be disclosed pursuant to 47 C.F.R. § 1.2112(a)(1) and (3). Each such business principal business and a description of each such business relationship to applicant must be included. To comply with 47 C.F.R. 1.2112(a)(5), an applicant must list the names, addresses, and citizenship of all persons or entities meeting the definition of "affiliate" as defined in 47 C.F.R. § 101.1112(d). To the extent that such entities are not included in Parts 1 and 2 of Exhibit A, they should be identified and included in Part 3. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit A: Ownership" in the File Description field on the Attachment screen. EXHIBIT B: FOREIGN OWNERSHIP If the applicant has responded "yes" to either Question
• 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
  • 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 a small business or a consortium of small businesses pursuant to Sec. 101.1112 may use a bidding credit of 35 percent to lower the cost of its winning bid. (c) A winning bidder that
• 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
  • receives a 25 percent discount on its winning bids for LMDS licenses. Bidding credits are not cumulative: applicants that qualify receive either the 25 percent, the 35 percent, or the 45 percent bidding credit, but not all. The definitions of very small business, small 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
• http://wireless.fcc.gov/auctions/17/releases/da980037.pdf http://wireless.fcc.gov/auctions/17/releases/da980037.txt http://wireless.fcc.gov/auctions/17/releases/da980037.wp
  • they must avoid contact pursuant to the anti- collusion rule. Applicants should be aware that at the long-form application stage, they 8 will be subject to the reporting requirements contained in the newly adopted Part 1 ownership disclosure rule.9 Q: Can new non-controlling investors be added after the FCC Form 175 is filed and throughout the auction? 47 C.F.R. § 101.1112(f). 10 Id. 11 3 A: New non-controlling investors can be added after the FCC Form 175 is filed and throughout the duration of the auction, provided their addition does not result in a change of control of the applicant. An applicant should amend its FCC Form 175 within 10 business days of any change, and should provide notice of the
• 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
  • 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/da980307.pdf http://wireless.fcc.gov/auctions/17/releases/da980307.txt http://wireless.fcc.gov/auctions/17/releases/da980307.wp
  • for Waiver in Auction No. 17 Dear Ms. Neidigh: This letter confirms the telephone conversation with Commission staff, in response to the waiver request of Virginia Tech Foundation, Inc. ("VTF") filed in conjunction with its FCC Form 175 application to participate in the Local Multipoint Distribution Service ("LMDS") auction. To qualify as an "entrepreneur", VTF requests a waiver of Section 101.1112(g) to exclude certain revenues from its gross revenues calculation. In the alternative, a waiver of Sections 101.1112(g) and 101.1112(h) to exclude revenues of a particular affiliate. For the reasons explained below, we deny VTF's request. Section 101.1112(d) defines "entrepreneur" for the LMDS auction as "an entity that, together with its affiliates and controlling principals, has average gross revenues for the
• http://wireless.fcc.gov/auctions/17/releases/da980387.pdf http://wireless.fcc.gov/auctions/17/releases/da980387.txt http://wireless.fcc.gov/auctions/17/releases/da980387.wp
  • Commission's rules. In requesting its waiver, VTF has sought to participate in the Local Multipoint Distribution Service ("LMDS") auction as an "entrepreneur" with a 25 percent bidding credit. VTF's petition for reconsideration is granted based upon the unique facts and circumstances it has now presented. 1 II. BACKGROUND 2. In its initial waiver request, VTF requested a waiver of Section 101.1112(g) to Federal Communications Commission DA 98-387 See Letter from Kathleen O'Brien Ham, Chief, Auctions & Industry Analysis Division, Wireless 2 Telecommunications Bureau, Federal Communications Commission, DA 98-307 (February 17, 1998). 2 exclude certain revenues from its gross revenues calculation or, alternatively, a waiver of Sections 101.1112(g) and 101.1112(h) to exclude revenues of a particular affiliate. Essentially, VTF argued that, as
• http://wireless.fcc.gov/auctions/17/releases/da981718.pdf http://wireless.fcc.gov/auctions/17/releases/da981718.txt http://wireless.fcc.gov/auctions/17/releases/da981718.wp
  • Industry Analysis Division's ("Division's") denial of its waiver request in the Local Multipoint Distribution Service ("LMDS") auction. PVT requests reconsideration of the Division's decision to require it to include in its gross revenues calculation the total gross revenues of two cellular partnerships in which it has an interest so that it can qualify as a "very small business" under Section 101.1112(b) and receive the corresponding 45 percent bidding credit. For the reasons explained below, PVT's petition for reconsideration is granted. On January 18, 1998, PVT filed a short-form application to participate in the LMDS auction. In its short-form application, PVT identified itself as a rural telephone cooperative and claimed "very small business" status, entitling it to a 45 percent bidding credit.
• http://wireless.fcc.gov/auctions/17/releases/da981920.pdf http://wireless.fcc.gov/auctions/17/releases/da981920.txt http://wireless.fcc.gov/auctions/17/releases/da981920.wp
  • consider waiver requests of its LMDS eligibility restrictions.") SCCTA Comments at 5; Time Warner Comments (Farmers) at 1; Time Warner Comments (Horry) at 1; Duckhorn 39 Comments at 1; Falcon Reply Comments at 1; Brownwood Petition to Deny at 2. 47 C.F.R. § 101.23. See also Virginia Tech Foundation, Inc., Petition for Reconsideration of Request for Waiver 40 of Section 101.1112(g)-Auction No. 17, Local Multipoint Distribution Service, Order, 13 FCC Rcd 4535, 4536 (1998). See supra note 20 and accompanying text. 41 LMDS Third Order on Reconsideration, 13 FCC Rcd at 4871, ¶ 27. 42 6 operators. In contrast, two commenters oppose any waivers of the rule, and two commenters 35 36 oppose grant of a waiver on any grounds except
• 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 the
• http://wireless.fcc.gov/auctions/17/releases/da991642.doc http://wireless.fcc.gov/auctions/17/releases/da991642.pdf http://wireless.fcc.gov/auctions/17/releases/da991642.txt
  • Requests for Waiver of Incumbent LEC/Cable Eligibility Restrictions,'' Public Notice, 13 FCC Rcd 10944 (WTB 1998). As of December 23, 1998, all Petitioners had filed partitioning or divestiture agreements with the Commission, as required by Section 101.1003(f)(4) of the Commission's Rules. 47 C.F.R. § 101.23. See also Virginia Tech Foundation, Inc., Petition for Reconsideration of Request for Waiver of Section 101.1112(g)-Auction No. 17, Local Multipoint Distribution Service, Order, 13 FCC Rcd 4535, 4536 (WTB 1998). We note that as of February 12, 1999, Section 1.925 of the Commission's Rules replaced Section 101.23. See In re 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
• 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
  • 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, FCC 98-184,
• 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
  • § 101.61 of this Part. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also gov- erned by § 101.305(b) or (c) and submits the application under § 101.61 in conformance with the time frames and requirements of § 101.305(b) or (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
• 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
  • Commission FCC 97-323 See LMDS Second 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")
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_b.pdf
  • receives a 25 percent discount on its winning bids for LMDS licenses. Bidding credits are not cumulative: applicants that qualify receive either the 25 percent, the 35 percent, or the 45 percent bidding credit, but not all. The definitions of very small business, 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
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • § 101.61 of this Part. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also gov- erned by § 101.305(b) or (c) and submits the application under § 101.61 in conformance with the time frames and requirements of § 101.305(b) or (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
• http://wireless.fcc.gov/auctions/17/releases/rc970166.pdf http://wireless.fcc.gov/auctions/17/releases/rc970166.txt http://wireless.fcc.gov/auctions/17/releases/rc970166.wp
  • No. 93-266, First Report and Order, 9 FCC Rcd 605 (1994) , Second Report and Order and Further Notice of Proposed Rulemaking, 10 FCC Rcd 4523 (1995), Third Report and Order, 10 FCC Rcd 13183 (1995). 2 Preference request to peer review; however, we clarify our basis for doing so. Second, we 2 amend an LMDS competitive bidding rule, Section 101.1112, to include subsection 101.1112(d)(11), as set forth in Appendix A. Consistent with our rules governing the Wireless Communications Service ("WCS") and broadband Personal Communications Services ("PCS"), 3 4 this new subsection exempts from the affiliation rules entities owned and controlled by Indian tribes or Alaska Regional or Village Corporations for purposes of determining whether an entity meets the definition of
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  • control is determined on a case-by-case basis. The following are some common indicia of control: 16 # the entity constitutes or appoints more than 50 percent of the board of directors or management committee; # the entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; or See 47 C.F.R. §§ 101.1112 and 1.2105. 11 # the entity plays an integral role in management decisions. (3) Entrepreneur or Very Small or Small Business Consortia A consortium of entrepreneurs, small businesses, or very small businesses is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition of entrepreneur or very small
• http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
  • and (3). For each FCC-regulated business, include a description of its principal business and its relationship to applicant. To comply with 47 C.F.R. § 1.2112(a)(5), which requires the applicant to account for all controlling interests, an applicant must list the names, addresses, and citizenship of all persons or entities meeting the definition of "affiliate" as defined in 47 C.F.R. § 101.1112(h). To the extent that such entities are not included in Parts 1, 2, and 3 of Exhibit A, they should be identified and included in Part 4. Note: Applicants may provide information required in Parts 1 through 4 above by scanning and attaching a copy of their current FCC Form 602 as an exhibit to FCC Form 601. See 47
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  • Requests for Waiver of Incumbent LEC/Cable Eligibility Restrictions,'' Public Notice, 13 FCC Rcd 10944 (WTB 1998). As of December 23, 1998, all Petitioners had filed partitioning or divestiture agreements with the Commission, as required by Section 101.1003(f)(4) of the Commission's Rules. 47 C.F.R. § 101.23. See also Virginia Tech Foundation, Inc., Petition for Reconsideration of Request for Waiver of Section 101.1112(g)-Auction No. 17, Local Multipoint Distribution Service, Order, 13 FCC Rcd 4535, 4536 (WTB 1998). We note that as of February 12, 1999, Section 1.925 of the Commission's Rules replaced Section 101.23. See In re 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=17
  • are entitled to protection against harmful interference from any LMDS operation in these blocks. See Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking at 85-90.. Bidding Credits Bidding credits are available to very small businesses, small businesses, and entrepreneurs (or consortia of very small businesses, small businesses, or entrepreneurs) as set forth in 47 C.F.R. 101.1112. A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: * A bidder with average gross revenues for the preceding three years of more than $40 million but not more
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=23
  • service will be subject to forfeiture of their licenses. See Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 12545 (1997) at 260-272. Bidding Credits Bidding credits are available to very small businesses, small businesses, and entrepreneurs (or consortia of very small businesses, small businesses, or entrepreneurs) as set forth in 47 C.F.R. 101.1112. A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: * A bidder with average gross revenues for the preceding three years of more than $40 million but not more
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 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 modifications to
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  • E at 534-536 (proposed revision to 47 C.F.R. § 1.2110). Second Notice, 13 FCC Rcd at 477, ¶ 183. Id. at 477, ¶ 185. Id. at 477-478, ¶ 185. Id. at 478, ¶ 186. See 47 C.F.R. § 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. § 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz service); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, ¶ 9, (1994) ("Ellis Thompson"), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and
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  • in broadband PCS for C and F blocks); 47 C.F.R. § 21.961(b)(1) ($40 million definition of small business in MDS) 47 C.F.R. § 24.711(b)(1) ($75 million definition in broadband PCS C and F blocks); 47 C.F.R. § 24.709(a)(1) ($125 million gross revenues threshold for determining entrepreneurs' block eligibility in the broadband PCS C and F blocks); and 47 C.F.R. § 101.1112(d) ($15, $40 and $75 million gross revenues threshold for determining small business and entrepreneurs' block eligibility in LMDS). Notice at ¶ 20; see infra at Section III. B.6. 39 Notice at ¶ 21. 40 14 additional measures are warranted to promote the objectives of giving small businesses, rural telephone companies, and women- and minority-owned businesses the chance to provide spectrum-based
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99379.doc
  • 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 one
• 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
  • 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 10,534
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99384.doc
  • outstanding stock, or outstanding voting stock of the entity submitting a short-form application, and all officers and directors of that entity.'' 47 C.F.R. § 1.2105(c)(6)(i). Section 1.2105(c)(6)(ii) provides that ``[t]he term bids or bidding strategies shall include capital calls or requests for additional funds in support of bids or bidding strategies.'' 47 C.F.R. § 1.2105(c)(6)(ii). See, e.g., 47 C.F.R. § 101.1112(f) (definition of consortium under LMDS competitive bidding procedures). 47 C.F.R. § 1.2105(c)(1) (internal footnotes added). Competitive Bidding Second Report and Order, 9 FCC Rcd at 2387 ¶ 222 (``[T]he Commission is concerned that collusive conduct by bidders prior to or during the auction process could undermine the competitiveness of the bidding process and prevent the formation of a competitive post-auction
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • development of technology and the flow of capital into this nascent service while preventing the anticompetitive activities from incumbent LECs and incumbent cable companies that the restriction addressed. Federal Communications Commission FCC 98-15 114 Second Report and Order, 12 FCC Rcd at 12630-31 (para. 192), adopting 47 C.F.R. § 101.1003(e)(5). 115 Webcel Petition at 22 n.48, citing 47 C.F.R. § 101.1112(d)(5). 116 Bell Atlantic Opposition at 5-6. Bell Atlantic also argues that Webcel's request is procedurally defective because Webcel failed to raise this issue in the comments to the Fourth NPRM and cannot at this late date raise the matter for the first time, citing 47 C.F.R. § 1.429(b). We disagree. We find it unnecessary to reach the merits of Bell
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00044.doc
  • 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, FCC 98-184,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • E at 534-536 (proposed revision to 47 C.F.R. § 1.2110). Second Notice, 13 FCC Rcd at 477, ¶ 183. Id. at 477, ¶ 185. Id. at 477-478, ¶ 185. Id. at 478, ¶ 186. See 47 C.F.R. § 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. § 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. § 101.1112 (LMDS); 47 C.F.R. § 90.912 (800 MHz SMR); 47 C.F.R. § 90.1021 (220 MHz service); 47 C.F.R. § 80.1252(c) (Public Coast); 47 C.F.R. § 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, ¶ 9, (1994) ("Ellis Thompson"), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and
• 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
  • (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 MHz
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • to be disclosed pursuant to 47 C.F.R. § 1.2112(a)(1) and (3). Each such business principal business and a description of each such business relationship to applicant must be included. To comply with 47 C.F.R. 1.2112(a)(5), an applicant must list the names, addresses, and citizenship of all persons or entities meeting the definition of "affiliate" as defined in 47 C.F.R. § 101.1112(d). To the extent that such entities are not included in Parts 1 and 2 of Exhibit A, they should be identified and included in Part 3. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit A: Ownership" in the File Description field on the Attachment screen. EXHIBIT B: FOREIGN OWNERSHIP If the applicant has responded "yes" to either Question
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980218.html
  • Granted Kwik-Page, Inc's Motion for Correction of Records. Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: February 17, 1998. by Order. (DA No. 98-264). WTB Internet URL: [19]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980264.txt BRENDA NEIDIGH - VIRGINIA TECH FOUNDATION, INC. REQUEST FOR WAIVER IN AUCTION NO. 17. Denied VTF's request for a waiver of the affiliation and attribution rules set forth in Sections 101.1112(d), 101.1112(g) and 101.1112(h). Action by Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau. by Letter. (DA No. 98-307). WTB [20][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt021898.pdf 2. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980308.txt 3. http://www.fcc.gov/Bureaus/International/Public_Notices/1998/pnin8041.txt 4. http://www.fcc.gov/Bureaus/International/Public_Notices/1998/pnin8040.txt 5. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980218.txt 6. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980218.txt 7. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm8022.txt 8. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm8020.txt 9. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm8021.txt 10. http://www.fcc.gov/Speeches/Kennard/spwek804.html 11. http://www.fcc.gov/Speeches/Powell/spmkp802.html 12. http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980279.txt 13. http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980295.txt 14. http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980296.txt 15. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980217.txt 16. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/pnmm8023.txt 17. http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980299.txt 18. http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98021.txt 19.
• http://www.fcc.gov/Speeches/Kennard/Statements/stwek805.html http://www.fcc.gov/Speeches/Kennard/Statements/stwek805.txt http://www.fcc.gov/Speeches/Kennard/Statements/stwek805.wp
  • Notice of Proposed Rulemaking, 12 FCC Rcd 12545 (1997) (Second Report & Order). 2. See id. at 12618, 163-164. 3. See id. at 12617, 163. 4. Id. at 12616, 161. 5. Id. at 12616-17, 162. 6. Id. at 12617-18, 163 (footnote omitted). 7. Id. at 12622, 173. 8. Id. 9. Id. at 12623, 175 (footnote omitted). 10. See 47 C.F.R. 101.1112(h)(5) (1997) ("Stock options, convertible debentures, and agreements to merge (including agreements in principle) are generally considered to have a present effect on the power to control the concern."). 11. Second Report & Order, 12 FCC Rcd at 12633, 198. 12. See Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Further Notice of Proposed Rule Making, 11