§  54.1014   Application process.

   (a) Application to Participate in Competitive Bidding for Mobility Fund
   Phase II Support. In addition to providing information specified in
   § 1.21001(b) of this chapter and any other information required by the
   Commission, an applicant to participate in competitive bidding for
   Mobility Fund Phase II support shall:

   (1) Provide ownership information as set forth in § 1.2112(a) of this
   chapter as well as information on any agreement the applicant may have
   relating to the support to be sought through the auction;

   (2) Certify that the applicant is financially and technically capable
   of meeting the public interest obligations of § 54.1015 in each area for
   which it seeks support;

   (3) Disclose its status as an Eligible Telecommunications Carrier in
   any area for which it will seek support or as an entity that will file
   an application to become an Eligible Telecommunications Carrier in any
   such area after winning support in Mobility Fund Phase II, and certify
   that the disclosure is accurate; and

   (4) Describe the spectrum access that the applicant plans to use to
   meet obligations in areas for which it will bid for support, including
   whether the applicant currently holds or leases the spectrum, including
   any necessary renewal expectancy, and whether such spectrum access is
   contingent upon receiving support in a Mobility Fund Phase II auction,
   and certify that the description is accurate and that the applicant
   will retain such access for the entire ten (10) year Mobility Fund
   Phase II support term.

   (b) Application by Winning Bidders for Mobility Fund Phase II
   Support--(1) Deadline. Unless otherwise provided by public notice,
   winning bidders for Mobility Fund Phase II support shall file an
   application for Mobility Fund Phase II support no later than ten (10)
   business days after the public notice identifying them as winning
   bidders.

   (2) Application contents. An application for Mobility Fund Phase II
   support must contain:

   (i) Identification of the party seeking the support, including
   ownership information as set forth in § 1.2112(a) of this chapter;

   (ii) Certification that the applicant is financially and technically
   capable of providing the required coverage and performance levels
   within the specified timeframe in the geographic areas in which it won
   support;

   (iii) Proof of the applicant's status as an Eligible Telecommunications
   Carrier, or a statement that the applicant will become an Eligible
   Telecommunications Carrier in any area for which it seeks support
   within 180 days of the public notice identifying them as winning
   bidders, and certification that the proof is accurate;

   (iv) A description of the spectrum access that the applicant plans to
   use to meet obligations in areas for which it is winning bidder for
   support, including whether the applicant currently holds or leases the
   spectrum, along with any necessary renewal expectancy, and
   certification that the description is accurate and that the applicant
   will retain such access for the entire ten (10) year Mobility Fund
   Phase II support term;

   (v) A detailed project description that describes the network to be
   built or upgraded, identifies the proposed technology, demonstrates
   that the project is technically feasible, discloses the complete
   project budget, and discusses each specific phase of the project (e.g.,
   network design, construction, deployment, and maintenance), as well as
   a complete project schedule, including timelines, milestones, and
   costs;

   (vi) Certifications that the applicant has available funds for all
   project costs that exceed the amount of support to be received from
   Mobility Fund Phase II and that the applicant will comply with all
   program requirements, including the public interest obligations set
   forth in § 54.1015;

   (vii) Any guarantee of performance that the Commission may require by
   public notice or other proceedings, including but not limited to the
   letters of credit required in § 54.1016, or a written commitment from an
   acceptable bank, as defined in § 54.1016(a)(2), to issue such a letter
   of credit;

   (viii) Certification that the applicant will offer service in supported
   areas at rates that are within a reasonable range of rates for similar
   service plans offered by mobile wireless providers in urban areas
   during the term of support the applicant seeks;

   (ix) Certification that the party submitting the application is
   authorized to do so on behalf of the applicant; and

   (x) Such additional information as the Commission may require.

   (3) Application processing. (i) No application will be considered
   unless it has been submitted in an acceptable form during the period
   specified by public notice. No applications submitted or demonstrations
   made at any other time shall be accepted or considered.

   (ii) Any application that, as of the submission deadline, either does
   not identify the applicant seeking support as specified in the public
   notice announcing application procedures, or does not include required
   certifications, shall be denied.

   (iii) An applicant may be afforded an opportunity to make minor
   modifications to amend its application or correct defects noted by the
   applicant, the Commission, the Administrator, or other parties. Minor
   modifications include correcting typographical errors in the
   application and supplying non-material information that was
   inadvertently omitted or was not available at the time the application
   was submitted.

   (iv) Applications to which major modifications are made after the
   deadline for submitting applications shall be denied. Major
   modifications include, but are not limited to, any changes in the
   ownership of the applicant that constitute an assignment or change of
   control, or the identity of the applicant, or the certifications
   required in the application.

   (v) After receipt and review of the applications, a public notice shall
   identify each winning bidder that may be authorized to receive Mobility
   Fund Phase II support, after the winning bidder submits a Letter of
   Credit and an accompanying opinion letter as required by § 54.1016, in a
   form acceptable to the Commission, and any final designation as an
   Eligible Telecommunications Carrier that any applicant may still
   require. Each such winning bidder shall submit a Letter of Credit and
   an accompanying opinion letter as required by § 54.1016, in a form
   acceptable to the Commission, and any required final designation as an
   Eligible Telecommunications Carrier no later than ten (10) business
   days following the release of the public notice.

   (vi) After receipt of all necessary information, a public notice will
   identify each winning bidder that is authorized to receive Mobility
   Fund Phase II support.

   [ 82 FR 15450 , Mar. 28, 2017]

   Effective Date Note: At  82 FR 15450 , Mar. 28, 2017, § 54.1014 was added.
   This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.