Sec. 90.810  Bidding credits for small businesses.

    (a) A winning bidder that qualifies as a small business or a 
consortium of small businesses, (as defined in Sec. 90.814(b)(1)(i) may 
use a bidding credit of 15 percent to lower the cost of its winning bid 
on any of the blocks identified in Sec. 90.617(d), table 4B. A winning 
bidder that qualifies as a small business or a consortium of small 
businesses, (as defined in Sec. 90.814(b)(1)(ii) may use a bidding 
credit of 10 percent to lower the cost of its winning bid on any of the 
blocks identified in Sec. 90.617(d), table 4B.
    (b) Unjust Enrichment. (1) A small business seeking transfer or 
assignment of a license to an entity that is

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not a small business under the definitions in Sec. 90.814(b)(1) will be 
required to reimburse the government for the amount of the bidding 
credit, plus interest at the rate imposed for installment financing at 
the time the license was awarded, before transfer will be permitted. The 
amount of this payment will be reduced over time as follows: a transfer 
in the first two years of the license term will result in a forfeiture 
of 100 percent of the value of the bidding credit: in year three of the 
license term the payment will be 75 percent; in year four the payment 
will be 50 percent and in year five the payment will be 25 percent, 
after which there will be no assessment. If a small business as defined 
in Sec. 90.814(b)(1)(i) seeks to transfer or assign a license to a small 
business as defined in Sec. 90.814(b)(1)(ii), the value of the bidding 
credit to be repaid is five percent, the difference between the 10 and 
15 percent bidding credits. The five percent difference will be subject 
to the percentage reductions over time specified above. These payments 
must be paid back to the U.S. Treasury as a condition of approval of the 
assignment or transfer.
    (2) If a small business that utilizes a bidding credit under this 
section seeks to assign or transfer control of its license to a small 
business meeting the eligibility standards for lower bidding credits or 
seeks to make any other change in ownership that would result in the 
licensee qualifying for a lower bidding credit under this section, the 
licensee must seek Commission approval and reimburse the government for 
the difference between the amount of the bidding credit obtained by the 
licensee and the bidding credit for which the assignee, transferee or 
licensee is eligible under this section as a condition of the approval 
of such assignment, transfer or other ownership change.