Goto Section: 54.1006 | 54.1008 | Table of Contents
FCC 54.1007
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 54.1007 Letter of credit.
(a) Before being authorized to receive Mobility Fund Phase I support, a
winning bidder shall obtain an irrevocable standby letter of credit which
shall be acceptable in all respects to the Commission. Each winning bidder
authorized to receive Mobility Fund Phase I support shall maintain its
standby letter of credit or multiple standby letters of credit in an amount
equal to the amount of Mobility Fund Phase I support that the winning bidder
has been and is eligible to request be disbursed to it pursuant to § 54.1008
plus the additional performance default amount described in § 54.1006(f),
until at least 120 days after the winning bidder receives its final
distribution of support pursuant to § 54.1008(b)(3).
(1) The bank issuing the letter of credit shall be acceptable to the
Commission. A bank that is acceptable to the Commission is
(i) Any United States Bank that
(A) Is among the 50 largest United States banks, determined on the basis of
total assets as of the end of the calendar year immediately preceding the
issuance of the letter of credit,
(B) Whose deposits are insured by the Federal Deposit Insurance Corporation,
and
(C) Who has a long-term unsecured credit rating issued by Standard & Poor's
of A- or better (or an equivalent rating from another nationally recognized
credit rating agency); or
(ii) Any non-U.S. bank that
(A) Is among the 50 largest non-U.S. banks in the world, determined on the
basis of total assets as of the end of the calendar year immediately
preceding the issuance of the letter of credit (determined on a U.S. dollar
equivalent basis as of such date),
(B) Has a branch office in the District of Columbia or such other branch
office agreed to by the Commission,
(C) Has a long-term unsecured credit rating issued by a widely-recognized
credit rating agency that is equivalent to an A- or better rating by
Standard & Poor's, and
(D) Issues the letter of credit payable in United States dollars.
(2) [Reserved]
(b) A winning bidder for Mobility Fund Phase I support shall provide with
its Letter of Credit an opinion letter from its legal counsel clearly
stating, subject only to customary assumptions, limitations, and
qualifications, that in a proceeding under Title 11 of the United States
Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court
would not treat the letter of credit or proceeds of the letter of credit as
property of the winning bidder's bankruptcy estate under section 541 of the
Bankruptcy Code.
(c) Authorization to receive Mobility Fund Phase I support is conditioned
upon full and timely performance of all of the requirements set forth in
§ 54.1006 and any additional terms and conditions upon which the support was
granted.
(1) Failure by a winning bidder authorized to receive Mobility Fund Phase I
support to comply with any of the requirements set forth in § 54.1006 or any
other term or conditions upon which support was granted, or its loss of
eligibility for any reason for Mobility Fund Phase I support, will be deemed
an automatic performance default, will entitle the Commission to draw the
entire amount of the letter of credit, and may disqualify the winning bidder
from the receipt of Mobility Fund Phase I support or additional USF support.
(2) A performance default will be evidenced by a letter issued by the Chief
of either the Wireless Bureau or Wireline Bureau or their respective
designees, which letter, attached to a standby letter of credit draw
certificate, shall be sufficient for a draw on the standby letter of credit
for the entire amount of the standby letter of credit.
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Goto Section: 54.1006 | 54.1008
Goto Year: 2014 |
2016
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