FCC Web Documents citing 101.1209

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

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  • the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1)(i). , supra). This standard was approved by the Small Business Administration. Letter to Daniel B. Phythyon , Chief, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration, dated May 19, 1998. See 47 C.F.R. § 1.2110(e)(2)(iii). See 47 C.F.R. § 101.11209(b)(ii). See 47 C.F.R. § 27.210(b)(1)(2). See 47 C.F.R. § 1.2110(e)(2)(ii). See Adarand Constructors v. Peña, 515 U.S. 200
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  • Administration (July 28, 2000). See 39 GHz Band Auction Closes; Winning Bidders of 2,173 Licenses Announced, Public Notice, DA 00-1035 (May 10, 2000). In the Matter of Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18662 (1997); see also 47 C.F.R. § 101.1209(b)(1)(i). In the Matter of Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd at 18662; see also 47 C.F.R. § 101.1209(b)(1)(ii). See Letter to Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small
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  • 12. See Endwave Comments at 2. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18662 ¶ 150 (1997). Currently, these special small business size standards are being coordinated with the U.S. Small Business Administration. Id. See also 47 C.F.R. § 101.1209. In the Part 1 Third Report and Order, we adopted a standard schedule of bidding credits, the levels of which were developed based on our auction experience. Part 1 Third Report and Order, 13 FCC Rcd at 403-04, ¶ 47. See also 47 C.F.R. § 1.2110(f)(2). Id. See Adarand Constructors v. Peña, 515 U.S. 200 (1995) (requiring a strict scrutiny
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  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
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  • Credits (Form 175 Exhibit C) In the Report and Order and Second Notice of Proposed Rule Making, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 39 GHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 101.1209(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
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  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
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  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a: The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
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  • B if the applicant responded "No" to Questions 40 through 44. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. §§ 101.1206, 1.2110(e)(1), small businesses and very small businesses are eligible for bidding credits of twenty-five percent and thirty-five percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. § 101.1209(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. We nonetheless note that we are interested in the status of applicants as minority-owned or women-owned businesses for statistical purposes. In order to demonstrate eligibility for designated entity status, applicants must upload a file, select Attachment Type ``Ownership'' and enter ``Exhibit C: Designated Entities''
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ä Ê Ê Ê Ê ¨ ¨ Ê Ê Ê Ê Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of PVT NETWORKS, INC. Request for Waiver of Sections 1.2110(b) and 101.1209(e) ) ) ) ) ) ) FCC File No. 0000137330 Adopted: September 25, 20000 Released: September 27, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INtroduction We have before us two requests by PVT Networks, Inc. (PVT), seeking a waiver of Sections 1.2110(b) and 101.1209(e) of the Commission's Rules. Specifically, PVT requests a waiver of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of PVT NETWORKS, INC. Request for Waiver of Sections 1.2110(b) and 101.1209(e) of the Commission's Rules ) ) ) ) ) ) ) FCC File No. 0000137330 Adopted: July 3, 2001 Released: July 5, 2001 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction We have before us a petition for reconsideration filed by PVT Networks, Inc. (PVTN) on October 27, 2000. PVTN seeks reconsideration of the Farm
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  • 602. 47 C.F.R. § 1.919. If the winning bidder does not have a FCC Form 602 on file at the time the auction closes, it must manually file the form with the Commission when the long-form application is filed. Id.; see Auction Closing Public Notice, 15 FCC Rcd at 13653. 47 C.F.R. §§ 1.934(d), 1.2107(c), 1.2112. 47 C.F.R. §§ 1.2110(i), 101.1209(b)(ii); see Auction Closing Public Notice, 15 FCC Rcd at 13769-71. 47 C.F.R. § 1.2112(b)(2); see Auction Closing Public Notice, 15 FCC Rcd at 13771. 47 C.F.R. § 1.2110(i); see Auction Closing Public Notice, 15 FCC Rcd at 13769-71. The gross bid is the dollar amount bid, exclusive of any bidding credits. The net bid is the dollar amount bid that
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  • 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules,
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  • 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules,
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  • Order and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15,293, 15324, ¶ 62 (applicant has disclosure obligation); see also 47 U.S.C. § 309(j)(5)(participation in auctions prohibited ``unless such bidder submits such information and assurances as the Commission may require.'') Petition for Reconsideration at 2 (citing Application of PVT Networks, Inc., Request for Waiver of Sections 1.2110(b) and 101.1209(e), Order on Reconsideration, 16 FCC Rcd 13,155 (PS&PWD 2001)(``PVT Networks'')). PVT Networks, 16 FCC Rcd at 13,156. See PVT Networks, 16 FCC Rcd at 13,160. As the Commission has recently noted, ``while prior certifications may be a prerequisite to eligibility, applicants still must demonstrate compliance with all applicable Commission rules, including eligibility for any bidding credits, at the time the
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  • on land or in specified offshore coastal areas within the continental shelf. Subpart N sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial licenses in the 38.6-40.0 GHz Band. 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. 101.1208 and 101.1209 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: 101.1201 38.6-40.0 GHz subject to competitive bidding. 101.1208 Bidding credits for small businesses. 101.1209 Definitions. PUBLIC NOTICE Federal Communications Commission 445 12th St.,
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  • 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Red 374 (1997) ("Part / Third Report and Order" and '"Second Further Notice of Proposed Rule Making'''), recon. pending. 299 TWDC Comments at 8. 300 See NPRM at paras. 85-86. 301 Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). 302 NPRM at para. 87. See Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515(1996). 303 For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See Consolidated Appropriations, Appendix
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  • of licenses for this portion of the spectrum. In addition, we seek comment on whether any or all of these mechanisms could be used to facilitate band clearing of Channels 52-58 in connection with our future licensing of this lower portion of the spectrum for wireless services. 159 See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.2IO(b); 47 C.F.R. § 101.1209(b). 160 Fresno Mobile Radio, Inc. v FCC et al,, 165 F.3d 965 (D.C. Cir. 1999) (Fresno). 161 See Part 1 Third Report and Order, 13 FCC Red at 403-04, paras. 47-48. First Report and Order at para. 145. 20878 Federal Communications Commission_________FCC 00-224 A. COST-SHARING RULES 82. We seek comment on whether cost-sharing rules would expedite clearing the 700 MHz
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  • Appendix of the Order, the amendatory language to section 101.538 is modified to read as follows: ``Amend § 101.538 by removing paragraphs (a)(5), (a)(6), (a)(8), and (b), redesignating paragraphs (a)(7) and (c) as paragraphs (a)(5) and (b), and revising newly redesignated paragraphs (a)(5) and (b) to read as follows:''. In the Appendix of the Order, the amendatory language to section 101.1209 is modified to read as follows: ``Amend § 101.1209 by removing paragraph (b)(2), (c), (d), and (e), redesignating paragraph (b)(3) as (b)(2), and revising newly redesignated paragraph (b)(2) to read as follows:''. FEDERAL COMMUNICATIONS COMMISSION Margaret Wiener Chief, Auctions and Industry Analysis Division (...continued from previous page) (continued....) Federal Communications Commission DA 02-1414 Federal Communications Commission DA 02-1414 Ý Þ
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  • consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees using the TV incumbents' operating channel and licensees
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  • Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Teligent Comments at 46-47. See Balanced Budget Act of 1997 § 3002(a)(E)(i); 47 U.S.C. § 309(j)(3)(E)(i). Teligent Comments at 47-48. 47 C.F.R. § 1.2108. See also Balanced Budget Act of 1997 § 3008. NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. See also 47 C.F.R. §§ 24.720(b)(1)(2), 27.210(b)(1)(2), 101.1209(b)(1)(i)(ii). NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. PCIA Comments at 20-21; 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
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  • ITU-R Working Party 4-9S (Doc. 4-9S/31). Pursuant to Resolution 84, the ITU-R charged Working Party 4-9S with determining the adequacy of the WRC-2000 provisional PFD limits for this band. Working Party currently is considering the appropriate value. See Res. 84, Invites ITU-R 7 (WRC-2000). Part 101 of our rules governs terrestrial fixed microwave services. See 47 C.F.R. §§ 101.1 - 101.1209. TRW Inc. (TRW) has sought a waiver of those Part 101 rules it believes prevent it from providing fixed-satellite service in the 38.6 - 40.0 GHz band. See TRW, Inc., File No. 0000137436, FCC Form 601, Exhibit F (filed May 24, 2000). 47 C.F.R. § 101.147; see also 47 C.F.R. § 101.149 (explaining terms and conditions of EA licenses). See
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  • Administration (July 28, 2000). See 39 GHz Band Auction Closes; Winning Bidders of 2,173 Licenses Announced, Public Notice, DA 00-1035 (May 10, 2000). In the Matter of Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd 18600, 18662 (1997); see also 47 C.F.R. § 101.1209(b)(1)(i). In the Matter of Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rulemaking, 12 FCC Rcd at 18662; see also 47 C.F.R. § 101.1209(b)(1)(ii). See Letter to Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small
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  • 12. See Endwave Comments at 2. See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18662 ¶ 150 (1997). Currently, these special small business size standards are being coordinated with the U.S. Small Business Administration. Id. See also 47 C.F.R. § 101.1209. In the Part 1 Third Report and Order, we adopted a standard schedule of bidding credits, the levels of which were developed based on our auction experience. Part 1 Third Report and Order, 13 FCC Rcd at 403-04, ¶ 47. See also 47 C.F.R. § 1.2110(f)(2). Id. See Adarand Constructors v. Peña, 515 U.S. 200 (1995) (requiring a strict scrutiny
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  • term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier. § 101.1112 [Amended] 53. Amend § 101.1112 by removing paragraphs (e) and (f). § 101.1209 [Amended] 54. Amend § 101.1209 by removing paragraph (b)(2), and redesignating paragraphs (b)(1)(i) and (b)(1)(ii) as (b)(1) and (b)(2). 55. Amend § 101.1429 by removing paragraphs (a)(4) and (a)(5) and revising paragraph (b) to read as follows: § 101.1429 Designated entities. * * * * * (b) Bidding credits. A winning bidder that qualifies as a very small business, as
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  • U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269, ¶ 145 (1994) ("Competitive Bidding Second Memorandum Opinion and Order"). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1(i). See 47 C.F.R.§ 1.2110(e)(2)(iii). See 47 C.F.R. § 1.2110(e)(2)(ii). See 47 U.S.C. § 309(j)(3)(B). See 5 U.S.C. § 603. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998); Electronic Filing of Documents in Rulemaking Proceedings, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998). See
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  • Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). 158 Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). 159 Sections 27.210(b)(1), 27.210(b)(2), and 101.1209(b)(1)(i) of the Commission's Rules, 47 C.F.R. §§ 27.210(b)(1), 27.210(b)(2), 101.1209(b)(1)(i). 160 See, e.g., Section 80.1252 of the Commission's Rules, 47 C.F.R. § 80.1252 (designated entities in the coast station service). Section 1.2110(b) of the Commission's Rules, 47 C.F.R. § 1.2110(b), describes affiliate and controlling interest relationships in the designated entity context generally. PAGE 41 b.Small Business Definitions 85. In the
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  • ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See Consolidated Appropriations, Appendix E,
• http://wireless.fcc.gov/auctions/00c/releases/fc000063.doc http://wireless.fcc.gov/auctions/00c/releases/fc000063.pdf
  • the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1)(i). , supra). This standard was approved by the Small Business Administration. Letter to Daniel B. Phythyon , Chief, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration, dated May 19, 1998. See 47 C.F.R. § 1.2110(e)(2)(iii). See 47 C.F.R. § 101.11209(b)(ii). See 47 C.F.R. § 27.210(b)(1)(2). See 47 C.F.R. § 1.2110(e)(2)(ii). See Adarand Constructors v. Peña, 515 U.S. 200
• http://wireless.fcc.gov/auctions/30/releases/d001035d.doc http://wireless.fcc.gov/auctions/30/releases/d001035d.txt
  • B if the applicant responded "No" to Questions 40 through 44. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. §§ 101.1206, 1.2110(e)(1), small businesses and very small businesses are eligible for bidding credits of twenty-five percent and thirty-five percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. § 101.1209(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. We nonetheless note that we are interested in the status of applicants as minority-owned or women-owned businesses for statistical purposes. In order to demonstrate eligibility for designated entity status, applicants must upload a file, select Attachment Type ``Ownership'' and enter ``Exhibit C: Designated Entities''
• http://wireless.fcc.gov/auctions/30/releases/da000112.doc http://wireless.fcc.gov/auctions/30/releases/da000112.pdf http://wireless.fcc.gov/auctions/30/releases/da000112.txt
  • Credits (Form 175 Exhibit C) In the Report and Order and Second Notice of Proposed Rule Making, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 39 GHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 101.1209(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
• http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
  • years will receive a 35 percent bidding credit. Bidding credits for small businesses will not be cumulative. D. Description and Estimate of the Small Entities Subject to the Rules: The rules adopted in this Report and Order will allow cellular, PCS, and other small communication entities that require support spectrum to obtain licenses through competitive bidding. Pursuant to 47 C.F.R. §101.1209, the Commission has defined "small business entity" in the 39 GHz auction as a firm that had gross revenues of less than $40 million in the three previous calendar years. Approval for this regulation defining "small business entity" in the context of 39 GHz was requested from the Small Business Administration on May 8, 1997. 1. Estimates for Cellular Licensees
• http://wireless.fcc.gov/auctions/31/releases/da001486.doc http://wireless.fcc.gov/auctions/31/releases/da001486.pdf http://wireless.fcc.gov/auctions/31/releases/da001486.txt
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a: The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
• http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
  • ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See Consolidated Appropriations, Appendix E,
• http://wireless.fcc.gov/auctions/31/releases/fc000224.doc http://wireless.fcc.gov/auctions/31/releases/fc000224.pdf http://wireless.fcc.gov/auctions/31/releases/fc000224.txt
  • consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees using the TV incumbents' operating channel and licensees
• http://wireless.fcc.gov/auctions/34/releases/d002037f.doc http://wireless.fcc.gov/auctions/34/releases/d002037f.txt
  • B if the applicant responded "No" to Questions 40 through 44. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. §§ 101.1206, 1.2110(e)(1), small businesses and very small businesses are eligible for bidding credits of twenty-five percent and thirty-five percent respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. § 101.1209(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. We nonetheless note that we are interested in the status of applicants as minority-owned or women-owned businesses for statistical purposes. In order to demonstrate eligibility for designated entity status, applicants must upload a file, select Attachment Type ``Ownership'' and enter ``Exhibit C: Designated Entities''
• http://wireless.fcc.gov/auctions/34/releases/da001100.doc http://wireless.fcc.gov/auctions/34/releases/da001100.pdf http://wireless.fcc.gov/auctions/34/releases/da001100.txt
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
• http://wireless.fcc.gov/auctions/36/releases/da001388.doc http://wireless.fcc.gov/auctions/36/releases/da001388.pdf http://wireless.fcc.gov/auctions/36/releases/da001388.txt
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
• 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
  • Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Teligent Comments at 46-47. See Balanced Budget Act of 1997 § 3002(a)(E)(i); 47 U.S.C. § 309(j)(3)(E)(i). Teligent Comments at 47-48. 47 C.F.R. § 1.2108. See also Balanced Budget Act of 1997 § 3008. NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. See also 47 C.F.R. §§ 24.720(b)(1)(2), 27.210(b)(1)(2), 101.1209(b)(1)(i)(ii). NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. PCIA Comments at 20-21; 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=30
  • C.F.R. 101.13 (d)). Performance Requirements Demonstration of substantial service required for both incumbent and new licensees (See 101.17 of the Commission's Rules). Incumbents There are incumbent licensees present in the 39 GHz band. Bidding Credits Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as are set forth in 47 C.F.R. 101.1209. 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 of not more than $40 million for the preceding three years receives a
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8).78 We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules,79 the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2).80 We modify the following service-specific rules by changing the term "controlling principal" to "controlling interest" to conform the rules with the Commission's general competitive bidding rules:81 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e).82 Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules,83
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). 158 Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). 159 Sections 27.210(b)(1), 27.210(b)(2), and 101.1209(b)(1)(i) of the Commission's Rules, 47 C.F.R. §§ 27.210(b)(1), 27.210(b)(2), 101.1209(b)(1)(i). 160 See, e.g., Section 80.1252 of the Commission's Rules, 47 C.F.R. § 80.1252 (designated entities in the coast station service). Section 1.2110(b) of the Commission's Rules, 47 C.F.R. § 1.2110(b), describes affiliate and controlling interest relationships in the designated entity context generally. PAGE 41 b.Small Business Definitions 85. In the
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
  • U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269, ¶ 145 (1994) ("Competitive Bidding Second Memorandum Opinion and Order"). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1(i). See 47 C.F.R.§ 1.2110(e)(2)(iii). See 47 C.F.R. § 1.2110(e)(2)(ii). See 47 U.S.C. § 309(j)(3)(B). See 5 U.S.C. § 603. See generally 47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a). See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322 (1998); Electronic Filing of Documents in Rulemaking Proceedings, Memorandum Opinion and Order, 13 FCC Rcd 21517 (1998). See
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
  • the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). See 47 C.F.R. §§ 27.210(b)(1)(2), 101.1209(b)(1)(i). , supra). This standard was approved by the Small Business Administration. Letter to Daniel B. Phythyon , Chief, Wireless Telecommunications Bureau, from Aida Alvarez, Administrator, Small Business Administration, dated May 19, 1998. See 47 C.F.R. § 1.2110(e)(2)(iii). See 47 C.F.R. § 101.11209(b)(ii). See 47 C.F.R. § 27.210(b)(1)(2). See 47 C.F.R. § 1.2110(e)(2)(ii). See Adarand Constructors v. Peña, 515 U.S. 200
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002198.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ä Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Application of PVT NETWORKS, INC. Request for Waiver of Sections 1.2110(b) and 101.1209(e) ) ) ) ) ) ) FCC File No. 0000137330 Adopted: September 25, 20000 Released: September 27, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: INtroduction We have before us two requests by PVT Networks, Inc. (PVT), seeking a waiver of Sections 1.2110(b) and 101.1209(e) of the Commission's Rules. Specifically, PVT requests a waiver of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (``Part 1 Third Report and Order'' and ``Second Further Notice of Proposed Rule Making''), recon. pending. TWDC Comments at 8. See NPRM at paras. 85-86. Id. See also 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). NPRM at para. 87. See Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995); United States v. Virginia, 518 U.S. 515 (1996). For the 746-764 MHz and 776-794 MHz bands, the Commission is exempt from 15 U.S.C. § 632, which requires Federal agencies to obtain Small Business Administration approval before adopting small business size standards. See Consolidated Appropriations, Appendix E,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00224.doc
  • consortium members and any agreements relating to the post-auction market structure, and the anti-collusion provisions of Section 1.2105(c). See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). Nelson Petition at 1-2. Nelson provides SMR services in Phoenix and characterizes itself as a ``very small business.'' Id. at 4-5. See 47 C.F.R. § 24.720(b); 47 C.F.R. § 27.210(b); 47 C.F.R. § 101.1209(b). Fresno Mobile Radio, Inc. v FCC et al., 165 F.3d 965 (D.C. Cir. 1999) (Fresno). See Part 1 Third Report and Order, 13 FCC Rcd at 403-04, paras. 47-48. First Report and Order at para. 145. For example, reaching a clearing agreement with one incumbent licensee may benefit other 700 MHz licensees using the TV incumbents' operating channel and licensees
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • Further Notice of Proposed Rule Making, 14 FCC Rcd 21558 (1999). Teligent Comments at 46-47. See Balanced Budget Act of 1997 § 3002(a)(E)(i); 47 U.S.C. § 309(j)(3)(E)(i). Teligent Comments at 47-48. 47 C.F.R. § 1.2108. See also Balanced Budget Act of 1997 § 3008. NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. See also 47 C.F.R. §§ 24.720(b)(1)(2), 27.210(b)(1)(2), 101.1209(b)(1)(i)(ii). NPRM, 14 FCC Rcd at 19287-19288 ¶¶ 48, 49. PCIA Comments at 20-21; 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000112.doc
  • Credits (Form 175 Exhibit C) In the Report and Order and Second Notice of Proposed Rule Making, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 39 GHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 101.1209(b). For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001486.doc
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as discussed in Part II.C.1 of this public notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. §§ 101.1209 and 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a: The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and provide