Sec. Sec. 90.912(b)(2) and (b)(5), may use a bidding credit of 35 
percent to lower the cost of its winning bid on Spectrum Blocks A 
through V. A winning bidder that qualifies as a small business or a 
consortium of small businesses, as defined in Secs. 90.912(b)(1) or 
(b)(4), may use a bidding credit of 25 percent to lower the cost of its 
winning bid on Spectrum Blocks A through V.
    (b) Unjust enrichment. (1) If a small business or very small 
business (as defined in Secs. 90.912(b)(1) and 90.912(b)(2), 
respectively) that utilizes a bidding credit under this section seeks to 
assign or transfer control of an authorization to an entity that is not 
a small business or very small business, or seeks to make any other 
change in ownership that would result in the licensee losing eligibility 
as a small business or very small business, the small business or very 
small business 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.
    (2) If a very small business (as defined in Sec. 90.912(b)(2)) that 
utilizes a bidding credit under this section seeks to assign or transfer 
control of an authorization to a small business meeting the eligibility 
standards for a lower bidding credit, 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.
    (3) The amount of payments made pursuant to paragraphs (b)(1) and 
(b)(2) of this section 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 (or the difference 
between the bidding credit obtained by the original licensee and the 
bidding credit for which the post-transfer licensee is eligible); 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.
[ 62 FR 41221 , July 31, 1997]