FCC Web Documents citing 1.2101

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

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  • these general competitive bidding procedures. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM). See also 47 C.F.R. § 1.2101 et seq. See Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM, 15 FCC Rcd at 15331-15334, ¶¶ 79-88. The Commission is also considering certain modifications to its rule prohibiting collusion among auction participants. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Further Notice of Proposed Rule Making, 14 FCC Rcd
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  • service on a broadcast, common carrier, or non-broadcast, non-common carrier basis with an applicant's self-characterization determinant of the applicable EEO rules. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice of Proposed Rulemaking, 13 FCC Rcd 6907, 6924-925 (1998) (DBS NPRM). See supra paras. 1-2; see also 47 U.S.C. § 309(j)(14)(C). See 47 C.F.R. § 1.2101 et. seq. (Part 1, Subpart Q). The Commission has recently clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
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  • Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon Order and Part 1 Fifth Report and Order, Fourth Further Notice of Proposed Rule Making); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Seventh Report and Order, FCC 01-270 (rel. Sept. 27, 2001). See 47 C.F.R. Section 1.2101 et. seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000). See also Part 1 Recon Order and Part 1 Fifth Report and Order, 15 FCC Rcd 15293 (2000) (recons. pending). See Part 1 Third Report and Order, 13 FCC Rcd 374, 448-49, 454-55 ¶¶ 125, 139 (directing the Bureau to seek comment on specific mechanisms
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  • Report and Order, 15 FCC Rcd 22709. Id. at 22718-22723. Id. Id. See Benkelman Telephone Co. et al v. FCC, 220 F.3d 601,606 (D.C. Cir 2000), petition for rehearing on other grounds pending. Id. (citations omitted) (citing DIRECTV, Inc. v. FCC, 110 F.3d 816, 828 (D.C. Cir. 1997)). See supra paras. 61-69; 47 U.S.C. § 309(j)(3). See 47 C.F.R. Section 1.2101 et. seq. (Part 1, Subpart Q). In 2000, the Commission clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
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  • Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon. Order and Part 1 Fifth Report and Order, Fourth Further Notice of Proposed Rule Making); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546 (2001). See 47 C.F.R. Section 1.2101 et. seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000). See also Part 1 Recon. Order and Part 1 Fifth Report and Order, 15 FCC Rcd 15293 (2000) (recons. pending). See 47 U.S.C. § 309(j)(4)(D). See 47 U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253,
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  • of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000); see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending). 47 U.S.C. § 309(j)(4)(D). 47 U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245,
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  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (recon. pending) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). See 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000); see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448-49,
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  • Order on Reconsideration of the Third Report and Order and Order on Reconsideration of the Fifth Report and Order, WT Docket No. 97-82, 18 FCC Rcd 10180 (2003) (recon. pending) (Part 1 Recon Order and Fifth Report and Order); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). 47 C.F.R. § 1.2101 et seq. As discussed below, we tentatively conclude that in the event we adopt a nationwide licensing scheme, designated entity bidding credits are not appropriate. If bidding credits are ultimately adopted, we will employ the Part 1 rules governing designated entities. See Part 1 Recon Order and Fifth Report and Order, 15 FCC Rcd 15293 (2000). 47 U.S.C. § 309(j)(4)(D).
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  • of Proposed Rule Making, 13 FCC Rcd 374 (1997) (modified by Erratum, DA 98-419 (rel. March 2, 1998)) (Part 1 Third Report and Order); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997). See 47 C.F.R. § 1.2101 et. seq. We note that in the First NPRM and Order, the Commission sought comment on competitive bidding design and procedures for the 37 GHz band. However, since release of the 36-51 GHz First NPRM and Order in 1995, the Commission has made substantial amendments and modifications to its Part 1 general competitive bidding rules for all auctionable services. See
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  • These exceptions are licenses and construction permits for public safety radio services, digital television service licenses and permits given to existing terrestrial broadcast licensees to replace their analog television service licenses, and licenses and construction permits for noncommercial educational broadcast stations and public broadcast stations under 47 U.S.C. § 397(6). See 47 U.S.C. § 309(j)(1), (2). See 47 C.F.R. §§ 1.2101-1.2113. See, e.g., Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Second Order on Reconsideration of the Third Report and Order, and Order on Reconsideration of the Fifth Report and Order, 18 FCC Rcd 10180 (2003); id., Eighth Report and Order, 17 FCC Rcd 2962 (2002); id., Seventh Report and Order, 16 FCC
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  • in the Commission's Rules Regarding Human Exposure to Radiofrequency Electromagnetic Fields, ET Docket No. 03-137, Notice of Proposed Rulemaking, 18 FCC Rcd 13187 (2003). . See, e.g., 47 C.F.R. §§ 27.50-27.66. , but there is no equivalent U.S.-Mexico agreement at this time. ; 47 U.S.C. § 309(j); BBA Report and Order, 15 FCC Rcd 22709 (2000). See 47 C.F.R. §§ 1.2101-1.2114. See, e.g., Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997); Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (Part 1 Third Report and Order); Order on Reconsideration of the
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  • defaults on Commission licenses. - - - FCC - - - See 47 C.F.R. § 1.2105(a). See AMOR Family Broadcasting Group v. FCC, 918 F.2d 960, 962 (D.C. Cir. 1990); P & R Temmer v. FCC, 743 F.2d 918, 931 (D.C. Cir. 1984); Request of 220 Television, Inc., Dayton Ohio, 81 FCC 2d 575, 577 (1980). See 47 C.F.R. § 1.2101 et seq. Lower and Upper Paging Bands Auction Scheduled for June 26, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-850 (rel. April 9, 2001), 66 Fed Reg. 21143 (``Auction No. 40 Procedures Public Notice''). Various deadlines announced in the Auction No. 40 Procedures Public Notice subsequently have been changed. See
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  • (regarding legal questions); Lyle Ishida, Analyst, Auctions Operations (regarding bidding and auction structure) at (202) 418-0660; or Barbara Sibert, Auctions Operations (regarding bidding and general filing status) at (717) 338-2888. - FCC - When the auction for the LMS licenses is rescheduled, applications may be submitted by any interested party in accordance with the Commission's rules. See 47 CFR § 1.2101 et seq.. See 47 C.F.R. § 1.2106. See 47 C.F.R. § 1.65. Id. See Auction No. 43 Multi-Radio Service Auction Scheduled for January 10, 2002, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-2315, at 6-9 (rel. October 10, 2001), 66 Fed. Reg. 55180 (``Auction No. 43 Procedures Public Notice''). Id. For
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  • and 101 of the Commission's Rules to License Fixed Services at 24 GHz, WT Docket No. 99-327, Report and Order, 15 FCC Rcd 16,934 (2000) (``24 GHz Report and Order''). 24 GHz Report and Order, 15 FCC Rcd 16,934, 16,941-16,942 at ¶¶ 12-13, 16,965 at ¶¶ 71-72 (2000). The Part 1 competitive bidding rules are codified at 47 C.F.R. §§ 1.2101 et seq. 47 C.F.R. § 1.2105(a)(1). See also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2376, ¶ 164 (1994) (``Competitive Bidding Second Report and Order'') (``We will not accept applications filed before or after the dates specified in Public Notices.'') (footnote omitted). 47 C.F.R. § 1.2105(a)(1). Notwithstanding that
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  • set forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in this subpart. Amend § 73.3571 by revising paragraph (h)(4)(i) to read as follows: § 73.3571 Processing of AM broadcast station applications. * * * * * (h) * * * (4)(i) The auction will be held pursuant to the procedures set forth in §§ 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the FCC will release a Public Notice announcing the close of the auction and identifying the winning bidders. Winning bidders will be subject to the provisions of § 1.2107 regarding down payments and will be required to submit the appropriate down payment within 10 business days of the Public Notice.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • set forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in this subpart. Amend § 73.3571 by revising paragraph (h)(4)(i) to read as follows: § 73.3571 Processing of AM broadcast station applications. * * * * * (h) * * * (4)(i) The auction will be held pursuant to the procedures set forth in §§ 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the FCC will release a Public Notice announcing the close of the auction and identifying the winning bidders. Winning bidders will be subject to the provisions of § 1.2107 regarding down payments and will be required to submit the appropriate down payment within 10 business days of the Public Notice.
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  • Systems, Inc. AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. 1676 International Drive Penthouse McLean, VA 22102 The Commission's decision was upheld by judicial action in 1997. See Revision of Rules and Policies for the Direct Broadcast Satellite Service, Report and Order, 11 FCC Rcd 9712 (1995), aff'd DIRECTV v. FCC, 110 F.3d 816 (D.C. Cir. 1997). See 47 C.F.R. §§ 1.2101-1.2113, 25.148(d) & (e). We note that the Commission recently revised the DBS rules in Part 100. See Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002); see also Amendment of Parts 1, 21, 22, 24, 25, 26, 27, 73, 74, 80, 90, 95, 100, and 101 of the Commission Rules - Competitive
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  • Griffin, Esquire Mintz Levin Cohn Ferris Glovsky & Popeo, PC 701 Pennsylvania Ave., NW Suite 900 Washington, D.C. 20004 The Commission's decision was upheld by judicial action in 1997. See Revision of Rules and Policies for the Direct Broadcast Satellite Service, 11 FCC Rcd 9712 (1995), aff'd DIRECTV v. FCC, 110 F.3d 816 (D.C. Cir. 1997). See 47 C.F.R. §§ 1.2101-1.2113, 25.148(d) & (e). We note that the Commission recently revised the DBS rules in Part 100. See Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002); see also Amendment of Parts 1, 21, 22, 24, 25, 26, 27, 73, 74, 80, 90, 95, 100, and 101 of the Commission Rules - Competitive
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  • 1, 21, 22, 24, 25, 26, 27, 73, 74, 80, 90, 95, 100, and 101 of the Commission's Rules - Competitive Bidding, Order, 17 FCC Rcd 6534 (2002) (modified by errata, 17 FCC Rcd 11146 (2002)). DBS Part 100 R&O, 17 FCC Rcd 11331 (2002). The competitive bidding rules applicable to DBS are now set forth at 47 C.F.R. §§ 1.2101-1.2113 and 25.148(d) & (e). These auctions were conducted in 1996. See supra note 8. DBS Auction Order, FCC 04-8 (rel. January 15, 2004). See id. at ¶¶ 26-27. EchoStar was authorized to use channels 1, 3, and 5 at the 157° W.L. orbit location. See Echostar Satellite Corporation, For Assignment of Direct Broadcast Satellite Orbital Position and Channels, Order, 18
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  • DA 04-1699 at 20 (Jun. 10, 2004) (``Auction No. 37 Procedures Public Notice''). Among other things, the Auction No. 37 Procedures Public Notice also described procedures and provided instructions for filing short-form applications. Id.; see also 47 C.F.R. § 1.2105(a)(1)(i) (short-forms due on date specified by public notice). The Commission's competitive bidding rules are set forth at 47 C.F.R. § 1.2101 et seq. 47 C.F.R. § 1.925 (standard for rule waiver). Auction No. 37 Procedures Public Notice at 11, 20. Id. Id. Auction No. 37 Procedures Public Notice at 19-20, C-3. Potential bidders who were unable to attend the auction seminar in person could watch and listen to the seminar via a live webcast conducted by the Commission or could subsequently
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  • to ``promot[e] economic opportunity and competition and ensur[e] that new and innovative technologies are readily accessible to the American people by avoiding excessive concentration in licenses and disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women.'' Legal Basis: 47 U.S.C. 309(j). Section Number and Title: 1.2101 Purpose. 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2104 Competitive bidding mechanisms. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2106 Submission of upfront payments. 1.2107 Submission of down payment and filing of long-form applications. 1.2108 Procedures for filing petitions to deny against long-form applications. 1.2109 License grant, denial, default, and disqualifications. 1.2110 Designated
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  • (``Auction No. 62 Procedures Public Notice''). Among other things, the Auction No. 62 Procedures Public Notice also described procedures and provided instructions for filing short-form applications. Id. and Attachment C; see also 47 C.F.R. § 1.2105(a)(1)(i) (short-forms due on date specified by public notice). Waiver Request at 1. The Commission's competitive bidding rules are set forth at 47 C.F.R. § 1.2101 et seq. 47 C.F.R. § 1.925 (standard for rule waiver). Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10502, 10514. Id. Id. Auction No. 62 Procedures Public Notice, 20 FCC Rcd at 10511-12, C-3. Potential bidders who were unable to attend the auction seminar in person could watch and listen to the seminar via a live webcast conducted
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  • and the 400 MHz general aviation Air-Ground Radiotelephone Service. Determined it will conduct auctions of both commercial and general aviation air-ground licenses in conformity with the general competitive bidding rules set forth in Part 1, Subpart Q, of the Commission's Rules, and substantially consistent with the bidding procedures that have been employed in previous Commission auctions. (See 47 C.F.R. §§ 1.2101-1.2113.) Defined for the 800 MHz air-ground service a small business as an entity with average annual gross revenues for the three preceding years not exceeding $40 million, and a very small business as an entity with average annual gross revenues for the three preceding years not exceeding $15 million. Adopted a 15 percent bidding credit in the 800 MHz commercial
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  • been partially filled-in with the amount of the payment that is due. Id. WSS' Request for Waiver of FCC Rule Section 1.2109 at 1 (dated January 31, 2003). Id. Id. 47 C.F.R. § 1.2109(a). Id. 47 C.F.R. § 1.2104; Prepared to Grant Public Notice, 17 FCC Rcd 24650-51. The Commission's competitive bidding rules are set forth at 47 C.F.R. § 1.2101 et seq. 47 C.F.R. § 1.925 (standard for rule waiver). See Leaco Rural Telephone Cooperative, Inc. Request for Waiver and Reinstatement of Broadband Radio Service Authorization for the Hobbs, New Mexico Basic Trading Area, MDB191, Order, 21 FCC Rcd 1182, 1187-88 ¶ 14 (2006) (``Leaco Order''); Advanced Communications Solutions, Inc. Request for Waiver of Section 1.2110(g)(4)(iv) and Reinstatement of 900
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  • 8, 2000. Petition for Reconsideration filed by Thomas J. Dougherty, Jr., Russ Taylor, counsel for FlexCom, dated December 22, 2000 (``Petition for Reconsideration''). Division Letter, 17 FCC Rcd 13878, 13880. Division Letter, 17 FCC Rcd at 13879; 24 GHz Report and Order, 15 FCC Rcd at 16941-16942, 16965. The Part 1 competitive bidding rules are codified at 47 C.F.R. §§ 1.2101 et seq. Pursuant to those rules, on March 12, 2004, consistent with Section 1.2105(a)(i), the Commission, through the Wireless Telecommunications Bureau, issued a Public Notice announcing that short-form applications for initial 24 GHz licenses could be ``filed at any time beginning at noon ET on May 25, 2004, until 6:00 p.m. ET on June 4, 2004.'' See Auction of 24
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  • as Commission decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. Potential applicants should also familiarize themselves with the Commission's rules relating to the Television Broadcast Service contained in 47 C.F.R. Part 73. Prospective bidders must also be familiar with the rules relating to broadcast auctions and competitive bidding proceedings contained in 47 C.F.R. §§ 1.2101 - 1.2112 and 73.5000 - 73.5009. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 90 Comment Public Notice, the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, the NCE Second Report and Order, and the NCE Memorandum Opinion and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2008A1_Rcd.pdf
  • as Commission decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees.14 Potential applicants should also familiarize themselves with the Commission's rules relating to the Television Broadcast Service contained in 47 C.F.R. Part 73. Prospective bidders must also be familiar with the rules relating to broadcast auctions and competitive bidding proceedings contained in 47 C.F.R. §§ 1.2101 ­ 1.2112 and 73.5000 ­ 73.5009. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 90 Comment Public Notice, the Broadcast First Report and Order,15 the Broadcast First Reconsideration Order,16 the New Entrant Bidding Credit Reconsideration Order,17the NCE Second Report and Order, and the NCEMemorandum Opinion and Third Order
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  • regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. Broadcasters should also familiarize themselves with the Commission's rules relating to the FM broadcast service contained in 47 C.F.R. §§ 73.201 - 73.333 and 73.1001 - 73.5009. Prospective bidders must also be familiar with the rules relating to broadcast auctions and competitive bidding proceedings contained in 47 C.F.R. §§ 1.2101 - 1.2112 and 73.5000 - 73.5009. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 91 Comment Public Notice, the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, the NCE Second Report and Order, and the NCE Memorandum Opinion and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
  • regarding competitive bidding procedures, application requirements, and obligations of Commission licensees.16 Broadcasters should also familiarize themselves with the Commission's rules relating to the FM broadcast service contained in 47 C.F.R. §§ 73.201 ­ 73.333 and 73.1001 ­ 73.5009. Prospective bidders must also be familiar with the rules relating to broadcast auctions and competitive bidding proceedings contained in 47 C.F.R. §§ 1.2101 ­ 1.2112 and 73.5000 ­ 73.5009. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 91 Comment Public Notice, the Broadcast First Report and Order,17 the Broadcast First Reconsideration Order,18 the New Entrant Bidding Credit Reconsideration Order,19the NCE Second Report and Order, and the NCEMemorandum Opinion and Third Order
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  • obligations of Commission licensees. Broadcasters should also familiarize themselves with the Commission's rules relating to the FM, AM, and FM Translator broadcast services contained in 47 C.F.R. §§ 73.201 - 73.333, 73.1001 - 73.5009, and 74.1201 - 74.1290. Prospective bidders must also be familiar with the rules relating to broadcast auctions and competitive bidding proceedings contained in 47 C.F.R. §§ 1.2101 - 1.2112 and 73.5000 - 73.5009. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 88 Comment Public Notice, the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, the NCE Second Report and Order, and the NCE Memorandum Opinion and
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  • partnerships, joint ventures, consortia, or other agreements, arrangements or understandings of any kind relating to the licenses being auctioned, including any such agreements relating to the post-auction market structure. Section 1.917 of the Commission's rules establishes, inter alia, the requirements for who may sign an amendment for a Wireless Radio Services application. 47 C.F.R. § 1.917. 47 C.F.R. §§ 1.917; 1.2101-1.2114. Auction 71 Reply at 23-24. 47 C.F.R. § 1.2105(b)(2). Auction 71 Reply at 25. Id. at 23-24. Auction 71 Opposition at 5, 15. ASTCA Disclosure Letter at 1. ASTCA also reported that Carl Sene is a director and 29.1% shareholder of STI and works as ASTCA's Internet Engineering Manager. Id. at 2. Auction 71 Opposition at 16, n.37. Auction 71
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-106A1_Rcd.pdf
  • an officer, director and 33% shareholder in STI; and (2) or understandings of any kind relating to the licenses being auctioned, including anysuch agreements relating to the post-auction market structure. 96Section 1.917 of the Commission's rules establishes, inter alia, the requirements for who may sign an amendment for a Wireless Radio Services application. 47 C.F.R. § 1.917. 9747 C.F.R.§§ 1.917; 1.2101-1.2114. 98Auction 71 Replyat 23-24. 9947 C.F.R. § 1.2105(b)(2). 100Auction 71 Reply at 25. 101Id.at 23-24. 102Auction 71 Opposition at 5, 15. 431 Federal Communications Commission DA 11-106 Deputy Director of Engineering at ASTCA" and that "[b]eyond the continued involvement of Alex Sene in these dual roles, there is no agreement to coordinate the bids of the two entities.103ASTCA further notes
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  • well as Commission decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. Broadcasters should also familiarize themselves with the Commission's FM broadcast service rules contained in 47 C.F.R. §§ 73.201 - 73.333 and 73.1001 - 73.5009. Prospective bidders must also be familiar with the broadcast auctions and competitive bidding rules contained in 47 C.F.R. §§ 1.2101 - 1.2112 and 73.5000 - 73.5009. All bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 93 Comment Public Notice, the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, the NCE Second Report and Order, and the NCE Memorandum Opinion and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1845A1_Rcd.pdf
  • and clarifications, as well as Commission decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees.10Broadcasters should also familiarizethemselves with the Commission's FM broadcast service rules contained in 47 C.F.R. §§ 73.201 ­73.333 and 73.1001 ­ 73.5009. Prospective bidders must also be familiar with the broadcast auctions and competitive bidding rules contained in 47 C.F.R. §§ 1.2101 ­1.2112 and 73.5000 ­73.5009. All bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 93 Comment Public Notice,the Broadcast First Report and Order,11the Broadcast First Reconsideration (Continued from previous page) Order"), Memorandum Opinion and Order, FCC 99-201, 14 FCC Rcd 12541 (1999), aff'd, Orion Communications Ltd. v. FCC, 221 F.3d
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  • firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. § 1.2106. See 47 C.F.R. §§ 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. § 1.2101 et seq. 47 C.F.R. § 1.2105. 47 C.F.R. § 1.2112. 47 C.F.R. § 1.2107. See 47 C.F.R. § 1.2108(b). See 47 C.F.R. § 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189 پ پ ûًَِëèوونلللللللللللللللللللللللللللللللللللللللللللللللللللـصخاہللللللل لللل پ پ پ @& „0‎ „0‎ „0‎ „0‎ „0‎ „0‎ „ًٌ ر
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  • stock interests are treated as fully diluted in calculating the equity held in an applicant. These proposals are intended to help the Commission realize its goal of widening the opportunities for small businesses in the spectrum auction program. Federal Rules Which Overlap, Duplicate, Or Conflict With These Rules. None. The general competitive bidding rules are codified at 47 C.F.R. §§ 1.2101-1.2113. See, e.g., 47 C.F.R §§ 21.921-21.961 (Multipoint Distribution Service (MDS)); 47 C.F.R §§ 24.301-24.320 (narrowband Personal Communications Service (PCS)); 47 C.F.R. §§ 24.701-24.720 (broadband PCS); 47 C.F.R §§ 90.901-90.913 (800 MHz Specialized Mobile Radio Service (SMR)); 47 C.F.R §§ 90.1001-90.1025 (220 MHz Service); 47 C.F.R §§ 100.71-100.80 (Direct Broadcast Satellite (DBS)). See Implementation of Section 309(j) of the Communications Act
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  • that may subsequently be adopted by the Commission. See BBA 97 §§ 3003, 3007. See also Notice, 16 FCC Rcd at 7280 ¶ 1. See 47 U.S.C. § 309(j)(14)(C)(ii). See Notice, 16 FCC Rcd at 7326 ¶ 116. See id. See Gila River Comments at 13-14. See U.S. Cellular Comments at 7; Leap Reply at 15-16. See 47 C.F.R. § 1.2101 et. seq. (Part 1, Subpart Q -- Competitive Bidding Proceedings). The Commission has previously observed that ``our general competitive bidding rules are intended to streamline our regulations and eliminate unnecessary rules wherever possible, increase the efficiency of the competitive bidding process, and provide more specific guidance to auction participants.'' Amendment of Part 1 of the Commission's Rules - Competitive Bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-36A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-36A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-36A1.txt
  • these general competitive bidding procedures. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM). See also 47 C.F.R. § 1.2101 et seq. See Part 1 Order on Reconsideration, Fifth Report and Order, and Fourth FNPRM, 15 FCC Rcd at 15331-15334, ¶¶ 79-88. The Commission is also considering certain modifications to its rule prohibiting collusion among auction participants. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Further Notice of Proposed Rule Making, 14 FCC Rcd
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  • service on a broadcast, common carrier, or non-broadcast, non-common carrier basis with an applicant's self-characterization determinant of the applicable EEO rules. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice of Proposed Rulemaking, 13 FCC Rcd 6907, 6924-925 (1998) (DBS NPRM). See supra paras. 1-2; see also 47 U.S.C. § 309(j)(14)(C). See 47 C.F.R. § 1.2101 et. seq. (Part 1, Subpart Q). The Commission has recently clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
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  • amend and move new Section 25.148(f) and Section 25.215 Section 100.51 (EEO) move new Section 25.601 100.53 (Geographic service) amend and move new Section 25.148(c) 100.71 (Competitive bidding) move new Section 25.148(d) 100.77 (Long-form applications) amend and move new Section 25.148(e) Sections 100.72-.76, 100.78-100.79 (Competitive bidding system design) Eliminated in WTB Order (see infra.) covered by auction rules in Section 1.2101, et. seq. Section 100.80 (Transfers) eliminate covered by Sections 1.2111 and 25.119 Part 25 Cross-reference to Part 100 for DBS eliminate eliminate Section 25.109(b)(DBS cross-reference) Basis and purpose § 100.1. Section 303(v) of the Communications Act gives the Commission exclusive jurisdiction over the regulation of DTH satellite services, including DBS. Therefore, the Notice proposed to eliminate Section 100.1 of the
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  • Commission Requests Further Comment in Part 100 Rulemaking Proceeding on Non-Conforming Use of Direct Broadcast Satellite Service Spectrum," IB Docket No. 98-21, FCC 00-426 (rel. Dec. 8, 2000). EchoStar Comments at 30-31. Id. Pegasus disagrees, noting that EchoStar provides no appropriate precedent. See Pegasus Reply Comments at 21-22. 47 U.S.C. § 309(j)(8). EchoStar Comments at 31. See 47 C.F.R. § 1.2101 et. seq. Id. See para.180, supra. See also Secondary Markets Policy Statement, 15 FCC Rcd 24178, and Secondary Markets NPRM, 15 FCC Rcd 24203. 47 U.S.C. §§ 309(j)(3)(B), 309(j)(4)(C). See Pub. L. No. 104-13. See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 et. seq., has been amended by the Contract With America Advancement Act of 1996,
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  • Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon Order and Part 1 Fifth Report and Order, Fourth Further Notice of Proposed Rule Making); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Seventh Report and Order, FCC 01-270 (rel. Sept. 27, 2001). See 47 C.F.R. Section 1.2101 et. seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000). See also Part 1 Recon Order and Part 1 Fifth Report and Order, 15 FCC Rcd 15293 (2000) (recons. pending). See Part 1 Third Report and Order, 13 FCC Rcd 374, 448-49, 454-55 ¶¶ 125, 139 (directing the Bureau to seek comment on specific mechanisms
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  • Report and Order, 15 FCC Rcd 22709. Id. at 22718-22723. Id. Id. See Benkelman Telephone Co. et al v. FCC, 220 F.3d 601,606 (D.C. Cir 2000), petition for rehearing on other grounds pending. Id. (citations omitted) (citing DIRECTV, Inc. v. FCC, 110 F.3d 816, 828 (D.C. Cir. 1997)). See supra paras. 61-69; 47 U.S.C. § 309(j)(3). See 47 C.F.R. Section 1.2101 et. seq. (Part 1, Subpart Q). In 2000, the Commission clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
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  • Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon. Order and Part 1 Fifth Report and Order, Fourth Further Notice of Proposed Rule Making); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Seventh Report and Order, 16 FCC Rcd 17546 (2001). See 47 C.F.R. Section 1.2101 et. seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000). See also Part 1 Recon. Order and Part 1 Fifth Report and Order, 15 FCC Rcd 15293 (2000) (recons. pending). See 47 U.S.C. § 309(j)(4)(D). See 47 U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253,
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  • of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000); see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending). 47 U.S.C. § 309(j)(4)(D). 47 U.S.C. § 309(j)(3)(B). Implementation of Section 309(j) of the Communications Act-Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245,
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  • first opportunity to address this fact situation in the broadcast context. However, the Commission has considered requests for waiver of second down payments and final payments in other auctioned services, primarily for authorizations issued by the Wireless Telecommunications Bureau (``WTB''). Wireless auctions as well as broadcast auctions are governed by the general competitive bidding rules found at 47 C.F.R. § 1.2101 et seq. 13. We note at the outset that there is no rule or case holding that a winning bidder may delay a second down payment or final payment because a challenge to the winning bidder's application is still pending, other than as set forth in 47 C.F.R. § 73.5006(d). In fact, waivers of second down payments or final payments
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  • C.F.R. §§ 80.1251, 80.1252(a). Third Report and Order, 13 FCC Rcd at 19884-88 ¶¶ 65-73. Id. at 19884 ¶ 65; see 47 C.F.R. § 80.1252(b). Third Report and Order, 13 FCC Rcd at 19888 ¶ 72; see 47 C.F.R. § 80.1252(d). Third Further Notice, 15 FCC Rcd at 22620-21 ¶ 75. See 47 U.S.C. § 309(j). See 47 C.F.R. Section 1.2101 et. seq. (Subpart Q -- Competitive Bidding Proceedings). The Commission has previously observed that ``our general competitive bidding rules are intended to streamline our regulations and eliminate unnecessary rules wherever possible, increase the efficiency of the competitive bidding process, and provide more specific guidance to auction participants.'' Part 1 Third Report and Order, 13 FCC 375, 376 ¶ 1. Further,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1_Erratum.doc
  • C.F.R. §§ 80.1251, 80.1252(a). Third Report and Order, 13 FCC Rcd at 19884-88 ¶¶ 65-73. Id. at 19884 ¶ 65; see 47 C.F.R. § 80.1252(b). Third Report and Order, 13 FCC Rcd at 19888 ¶ 72; see 47 C.F.R. § 80.1252(d). Third Further Notice, 15 FCC Rcd at 22620-21 ¶ 75. See 47 U.S.C. § 309(j). See 47 C.F.R. Section 1.2101 et. seq. (Subpart Q -- Competitive Bidding Proceedings). The Commission has previously observed that ``our general competitive bidding rules are intended to streamline our regulations and eliminate unnecessary rules wherever possible, increase the efficiency of the competitive bidding process, and provide more specific guidance to auction participants.'' Part 1 Third Report and Order, 13 FCC 375, 376 ¶ 1. Further,
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  • 1934, as amended, 47 U.S.C. 154(i), 303(r) and 309(j), IT IS ORDERED THAT Part 22, 47 C.F.R. is AMENDED as specified in Appendix B and the auctions for Markets 322A - Polk, AR, 592A - Barnes, ND, 727A - Ceiba, PR, and 672A - Chambers, TX be conducted under Part 1, Subpart Q of the Commission's rules, 47 C.F.R. § 1.2101 et seq., and that all eligible parties be permitted to participate in the bidding. IT IS FURTHER ORDERED THAT the rules and policies adopted in this Report and Order shall become effective thirty days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Report
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  • Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002); Second Order on Reconsideration of the Third Report and Order and Order on Reconsideration of the Fifth Report and Order, 18 FCC Rcd 10180 (2003), recons. pending. AWS Service Rules NPRM, 17 FCC Rcd at 24163 ¶ 73; 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000); see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending). See CTIA Comments at 15. See U.S. Cellular Corporation Comments at 12-13. Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 52-59), Notice of Proposed Rule Making,
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  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (recon. pending) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). See 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000); see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448-49,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4_Erratum.doc
  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (recon. pending) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). See 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000); see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448-49,
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  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (recon. pending) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). See 47 C.F.R. § 1.2101 et seq. See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293; see also Part 1 Recon Order/Fifth Report and Order, 15 FCC Rcd 15293 (recon. pending) [cite check - recon pending?]. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rule Making, 13
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  • Order on Reconsideration of the Third Report and Order and Order on Reconsideration of the Fifth Report and Order, WT Docket No. 97-82, 18 FCC Rcd 10180 (2003) (recon. pending) (Part 1 Recon Order and Fifth Report and Order); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). 47 C.F.R. § 1.2101 et seq. As discussed below, we tentatively conclude that in the event we adopt a nationwide licensing scheme, designated entity bidding credits are not appropriate. If bidding credits are ultimately adopted, we will employ the Part 1 rules governing designated entities. See Part 1 Recon Order and Fifth Report and Order, 15 FCC Rcd 15293 (2000). 47 U.S.C. § 309(j)(4)(D).
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  • to the parties in each of the nine groups of applicants that have filed mutually exclusive applications, which constitute closed filing groups. See 47 C.F.R. § 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. See 47 C.F.R. §§ 1.2105(a) & (b), 1.2106. See 47 C.F.R. §§ 1.2101-1.2113. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448 ¶¶124-125 (1997) (``Part 1 Third R&O'') (directing WTB to seek comment on specific mechanisms related to day-to-day
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1_Erratum.doc
  • to the parties in each of the nine groups of applicants that have filed mutually exclusive applications, which constitute closed filing groups. See 47 C.F.R. § 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. See 47 C.F.R. §§ 1.2105(a) & (b), 1.2106. See 47 C.F.R. §§ 1.2101-1.2113. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448 ¶¶124-125 (1997) (``Part 1 Third R&O'') (directing WTB to seek comment on specific mechanisms related to day-to-day
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • of Proposed Rule Making, 13 FCC Rcd 374 (1997) (modified by Erratum, DA 98-419 (rel. March 2, 1998)) (Part 1 Third Report and Order); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997). See 47 C.F.R. § 1.2101 et. seq. We note that in the First NPRM and Order, the Commission sought comment on competitive bidding design and procedures for the 37 GHz band. However, since release of the 36-51 GHz First NPRM and Order in 1995, the Commission has made substantial amendments and modifications to its Part 1 general competitive bidding rules for all auctionable services. See
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  • 100, and 101 of the Commission Rules - Competitive Bidding, Order, 17 FCC Rcd 6534 (2002) (modified by errata, 17 FCC Rcd 11146 (WTB 2002)). Policies and Rules for the Direct Broadcast Satellite Service, Report and Order, 17 FCC Rcd 11331 (2002) (``Part 100 R&O''). The competitive bidding rules applicable to DBS are now set forth at 47 C.F.R. §§ 1.2101-1.2113, 25.148(d) & (e). See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 448, ¶ 124 (1997). The Commission has directed WTB to seek comment on specific mechanisms
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  • See AirCell Petition for Partial Reconsideration (filed May 13, 2005) (AirCell Petition). See also Reply of AirCell to Opposition of Verizon Airfone (filed June 27, 2005) (AirCell Reply). See AirCell Petition at 8-10; Air-Ground Order, 20 FCC Rcd at 4440-4441 ¶¶ 79-82. See AirCell Petition at 2-8; Air-Ground Order, 20 FCC Rcd at 4438-4439 ¶¶ 75-76. See 47 C.F.R. §§ 1.2101-1.2113. See supra note 1. The spectrum currently consists of an uplink band at 849-851 MHz and a downlink band at 894-896 MHz. 47 C.F.R. § 22.857. Licenses A and B would authorize transmission of radio waves that are vertically and horizontally polarized, respectively, and would initially share 1.5 MHz at 849.000-850.500 MHz paired with 1.5 MHz at 894.000-895.500 MHz. Once
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  • These exceptions are licenses and construction permits for public safety radio services, digital television service licenses and permits given to existing terrestrial broadcast licensees to replace their analog television service licenses, and licenses and construction permits for noncommercial educational broadcast stations and public broadcast stations under 47 U.S.C. § 397(6). See 47 U.S.C. § 309(j)(1), (2). See 47 C.F.R. §§ 1.2101-1.2113. See, e.g., Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Second Order on Reconsideration of the Third Report and Order, and Order on Reconsideration of the Fifth Report and Order, 18 FCC Rcd 10180 (2003); id., Eighth Report and Order, 17 FCC Rcd 2962 (2002); id., Seventh Report and Order, 16 FCC
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  • AWS auction procedures (AU-06-30) also raised issues with respect to the Commission's designated entity program. We also received ex parte filings in response to the Further Notice from various parties including the Congressional Black Caucus, the U.S. Department of Justice and Council Tree. Appendix A contains a list of full and abbreviated names of commenting parties. See 47 C.F.R. § 1.2101 et. seq. See id. § 1.2110. The Commission establishes special small business size standards on a service-specific basis, taking into consideration the characteristics and capital requirements of the particular service. 47 C.F.R. §1.2110(c)(1). In the Part 1 Fifth Report and Order, the Commission, in light of the Adarand decision, declined to adopt special provisions for minority- and women-owned businesses but
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  • from the requirement that gross revenues of entities controlled by an applicant's officers and directors be attributed to the applicant), modified on reconsideration, Second Order on Reconsideration of the Fifth Report and Order, 20 FCC Rcd 1942 (2005); 47 C.F.R. § 1.2110(b)(3)(iii) (exempting rural telephone cooperatives from attributing the gross revenues of its officers and directors). See 47 C.F.R. § 1.2101 et. seq. Section 309(j)(4)(D) directs the Commission to issue regulations to ``ensure'' that designated entities ``are given the opportunity to participate in the provision of spectrum-based services.'' 47 U.S.C. § 309(j)(4)(D). We believe that the word ``participate'' in this directive contemplates significant involvement in the provision of services to the public, not merely passive ownership of a license to spectrum
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  • be an appropriate opportunity for smaller wireless providers, with the backing of non-wireless companies, to build new networks to compete with large wireless incumbents. While I look forward to reviewing all of the comments on the Further Notice with great interest, I will be particularly interested in pleadings that address this specific aspect of the item. See 47 C.F.R. § 1.2101 et. seq. See 47 C.F.R. § 1.2110. The Commission establishes special small business size standards on a service-specific basis, taking into consideration the characteristics and capital requirements of the particular service. 47 C.F.R. §1.2110(c)(1). In the Part 1 Fifth Report and Order, the Commission, in light of the Adarand decision, declined to adopt special provisions for minority- and women-owned businesses
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  • in the Commission's Rules Regarding Human Exposure to Radiofrequency Electromagnetic Fields, ET Docket No. 03-137, Notice of Proposed Rulemaking, 18 FCC Rcd 13187 (2003). . See, e.g., 47 C.F.R. §§ 27.50-27.66. , but there is no equivalent U.S.-Mexico agreement at this time. ; 47 U.S.C. § 309(j); BBA Report and Order, 15 FCC Rcd 22709 (2000). See 47 C.F.R. §§ 1.2101-1.2114. See, e.g., Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997); Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (Part 1 Third Report and Order); Order on Reconsideration of the
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  • Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (recon. pending) (Part 1 Recon Order/ Fifth Report and Order and Fourth Further Notice of Proposed Rule Making); Seventh Report and Order, 16 FCC Rcd 17546 (2001); Eighth Report and Order, 17 FCC Rcd 2962 (2002). See 47 C.F.R. § 1.2101 et seq. See, e.g., Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Second Order on Reconsideration of the Fifth Report and Order, 20 FCC Rcd 1942 (2005) (``Part 1 Competitive Bidding Second Order on Reconsideration of the Fifth Report and Order'') (adopting modifications to the competitive bidding rules); Implementation of the Commercial Spectrum Enhancement Act and
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  • or signals by radio by whatever name the instrument may be designated by the Commission.'' 47 U.S.C. § 153(42). For example, the Commission issues radio station licenses for the provision of broadcast, wireless personal communications services, cellular, microwave, aeronautical en route, and mobile satellite services. With respect to an applicant seeking to participate in a spectrum auction pursuant to section 1.2101 et seq. of the Commission's rules, the applicant must certify, as of the deadline for filing a short-form application, that it complies with the foreign ownership provisions of section 310 or that it has a request for waiver or other relief from the requirements of section 310 pending. See 47 C.F.R. § 1.2105(a)(2)(v), (vi). See Promoting Efficient Use of Spectrum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1_Rcd.pdf
  • communications, or signals by radio by whatever name the instrument may be designated by the Commission." 47 U.S.C. § 153(42). For example, the Commission issues radio station licenses for the provision of broadcast, wireless personal communications services, cellular, microwave, aeronautical en route,and mobile satellite services. 12With respect to an applicant seeking to participate in a spectrum auction pursuant to section 1.2101 et seq. of the Commission's rules, the applicant must certify, as of the deadline for filing a short-form application, that it complies with the foreign ownership provisions of section 310 or that it has a request for waiver or other relief from the requirements of section 310 pending. See47 C.F.R. § 1.2105(a)(2)(v), (vi). 13SeePromoting Efficient Use of Spectrum Through Elimination
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  • See supra ¶ 8. While only MetroPCS advocates a transition via auction, see generally MetroPCS Comments, CTIA recognizes that the Commission's prior transitions of other services from site-based licensing to geographic area-based licensing have entailed an approach under which mutually exclusive applications are accepted and then resolved through auction, see CTIA Petition at 11-13 (citations omitted). See 47 C.F.R. § 1.2101 et seq. See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Report and Order, WT Docket No. 05-211, 21 FCC Rcd 891 (2006) (CSEA/Part 1 Report and Order); Second Report and Order and Second Further Notice of Proposed Rule Making, 21 FCC Rcd 4753 (2006) (CSEA/Part 1 Second Report and Order);
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1_Rcd.pdf
  • 14969 (2004). 125See supra ¶ 8. 126While only MetroPCS advocates a transition viaauction, see generally MetroPCS Comments, CTIA recognizes that the Commission's prior transitions of other services from site-based licensing to geographic area-based licensing have entailed an approach under which mutually exclusive applications are accepted and then resolved through auction, see CTIA Petition at 11-13 (citations omitted). 127See47 C.F.R. § 1.2101 et seq. 128See Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Report and Order, WT Docket No. 05-211, 21 FCC Rcd 891 (2006) (CSEA/Part 1 Report and Order); Second Report and Order and Second Further Notice of Proposed Rule Making, 21 FCC Rcd 4753 (2006) (CSEA/Part 1 Second Report and Order);
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  • have authority nationwide to provide full terrestrial services in the 2000-2020 MHz and 2180-2200 MHz band. . See 47 C.F.R. § 1.9020 (Spectrum manager leasing arrangements). ). See National Broadband Plan at 77. . See CMCC, 365 F.3d at 45-46. ATC Report and Order, 18 FCC Rcd at 1991 ¶ 49. 47 U.S.C. §309(j). ). ). See 47 C.F.R. §§ 1.2101-1.2114. See, e.g., Amendment of Part 1 of the Commission's Rules-Competitive Bidding Procedures, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997); Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374 (1997) (Part 1 Third Report and Order); Order on Reconsideration of the
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  • eliminate covered by Part 25, subpart B 100.17 (License term) amend and move amend 25.146(b) 100.19 (Due diligence) move new 25.146(c) 100.21 (Technical) amend and move new 25.146(f) 100.51 (EEO) move amend 25.601 100.53 (Geographic service) amend and move new 25.146(d) 100.71 (Competitive Bids) amend and move new 25.146(e) 100.72-.79 (Competitive Bidding System Design) eliminate covered by auction rules in 1.2101, et. seq. 100.80 (Transfers) eliminate covered by 1.1211 and 25.119 Part 25 Cross-reference to Part 100 for DBS eliminate eliminate 25.109(b)(DBS cross-reference) Basis and purpose § 100.1. We propose to eliminate Section 100.1, which recites the Commission's statutory authority to regulate radio transmissions and issue radio licenses for the "interim" DBS service. We propose to eliminate Section 100.1 because Section
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  • auction conducted so far has been the D, E and F block broadband PCS auction, in which 1,479 licenses were put up for bid simultaneously. 345 Most of the Commission's spectrum auctions have been conducted electronically, using computer software developed by the Commission specifically for this purpose. 346 See Subpart Q of Part 1 of our rules, 47 C.F.R. §§ 1.2101 et seq. In addition, the Commission has adopted service-specific rules that govern auctions of licenses in particular services. See, e.g., 47 C.F.R. §§ 24.701 et seq. (rules for broadband PCS auctions), and 90 C.F.R. §§ 90.801 et seq. (rules for 900 MHz SMR auctions). Since the competitive bidding for universal service support contemplated in the instant proceeding does not involve
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  • service on a broadcast, common carrier, or non-broadcast, non-common carrier basis with an applicant's self-characterization determinant of the applicable EEO rules. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice of Proposed Rulemaking, 13 FCC Rcd 6907, 6924-925 (1998) (DBS NPRM). See supra paras. 1-2; see also 47 U.S.C. § 309(j)(14)(C). See 47 C.F.R. § 1.2101 et. seq. (Part 1, Subpart Q). The Commission has recently clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
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  • bidding consortium as a major amendment. Consequently, it would be a minor amendment under the Part 1 rules, as amended, and permitted after the short-form filing deadline. Accordingly, the Commission's proposal in the C Block Further Notice to allow short-form amendments reflecting the departure of a consortium member is no longer necessary. Federal Communications Commission FCC 98-176 47 C.F.R. § 1.2101 144 Part 1 Third Report and Order, 13 FCC Rcd at 459-60 para. 150. 145 Id. 146 See, e.g., "Auction of the Phase II 220 MHz Service Licenses," Public Notice, DA 98-1010, at 32-34 (released 147 May 29, 1998). "156-162 MHz VHF Public Coast Station Spectrum Auction Scheduled for December 3, 1998," Public Notice, 148 DA 98-1469 (released July 23,
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  • bidding consortium as a major amendment. Consequently, it would be a minor amendment under the Part 1 rules, as amended, and permitted after the short-form filing deadline. Accordingly, the Commission's proposal in the C Block Further Notice to allow short-form amendments reflecting the departure of a consortium member is no longer necessary. Federal Communications Commission FCC 98-176 47 C.F.R. § 1.2101 144 Part 1 Third Report and Order, 13 FCC Rcd at 459-60 para. 150. 145 Id. 146 See, e.g., "Auction of the Phase II 220 MHz Service Licenses," Public Notice, DA 98-1010, at 32-34 (released 147 May 29, 1998). "156-162 MHz VHF Public Coast Station Spectrum Auction Scheduled for December 3, 1998," Public Notice, 148 DA 98-1469 (released July 23,
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  • for unserved areas obtained through the competitive bidding process. Licensees transferring their licenses within three years after the initial unserved Id. 91 See 47 C.F.R. § 309(j)(4)(B). 92 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2385, ¶ 219. 93 47 C.F.R. § 22.946. 94 47 C.F.R. § 22.144(b) 95 47 C.F.R. § 22.943(b). 96 47 C.F.R. §§ 1.2101(d) and 1.2105(c). 97 19 area license grant will be required to file, together with their transfer applications, the associated contracts for sale, option agreements, management agreements, and all other documents disclosing the total consideration received in return for the transfer of their licenses. As we indicated in the Competitive Bidding Second Report and Order, we will give particular scrutiny to
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  • DARS auction must submit certain supplemental information ("Supplemental Information") in accordance with the Commission's rules and the instructions in this Public Notice. The FCC will not issue a Bidder Information Package for this auction. All information necessary to participate in this auction will be available through this Public Notice, subsequent Public Notices, or the Commission's Rules. See 47 C.F.R. §§ 1.2101- 1.2103, 1.2104(a) through (f), (h) and (i), and 25.401-25.406; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, FCC 97- 70 (released March 3, 1997) ("DARS Report and Order"). The Supplemental Information must be received no later than
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  • proposed a lengthy rule with numerous provisions for the content and form of applications for new LMDS systems and for the modification of existing licenses. It provided for the number of pages, the contents of the certifications and other 357 required information, and several exhibits. The exhibits included a service proposal indicating Federal Communications Commission FCC 97-82 47 CFR §§ 1.2101-1.2111. 358 47 CFR §§ 21.7, 21.11. 359 Part 101 Report and Order, 11 FCC Rcd at 13458 (para. 17). 360 Id. at 13453 (para. 7). 361 Public Notice, Wireless Telecommunications Bureau Announces Schedule for Implementation of New FCC Form 362 415, released Feb. 3, 1997. PAGE 101 how the applicant determined the needs of the public and intended to provide
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • as it was proposed for LMDS. b. Application Forms 231. In the First NPRM, we proposed a lengthy rule with numerous provisions for the content and form of applications for new LMDS systems and for the modification of existing Federal Communications Commission FCC 97-82 Id. at 564 (paras. 42-44), 569, Appendix B, Proposed Rule § 21.1004. 357 47 CFR §§ 1.2101-1.2111. 358 47 CFR §§ 21.7, 21.11. 359 Part 101 Report and Order, 11 FCC Rcd at 13458 (para. 17). 360 Id. at 13453 (para. 7). 361 licenses. It provided for the number of pages, the contents of the certifications and other 357 required information, and several exhibits. The exhibits included a service proposal indicating how the applicant determined the needs
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • 1.2108(b) through 1.2108(d) of this chapter and Section 90.163. (b) The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw an application or a petition to deny will be limited by the provisions set forth in Section 90.162 and Section 1.2105(c) of this chapter. PART 1--PRACTICE AND PROCEDURE SUBPART Q--Competitive Bidding Proceedings Sec. 1.2101 Purpose. The provisions of this subpart implement Section 309(j) of the Communications Act of 1934, as added by the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66) and the Balanced Budget Act of 1997 (Pub. L. 105-33), authorizing the Commission to employ competitive bidding procedures to choose from among two or more mutually exclusive applications for certain initial licenses.
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  • Federal Communications Commission FCC 98-212 Second Report and Order at ¶ 102. 67 Id. at ¶¶ 101-102. 68 See Part 1 Third Report and Order at ¶ 47; 47 C.F.R. § 1.2110(e). The bidding credit is 15 percent for small businesses 69 that have average annual gross revenues for the preceding three years not exceeding $40 million. 47 C.F.R. §§ 1.2101 et seq. 70 - 12 - C. Bidding Credits 26. Background. The Commission adopted a single bidding credit of 10 percent for all small businesses in the Second Report and Order. At that time, the Commission believed that this bidding credit, in conjunction with Economic Area ("EA") licensing and installment payments, would give small businesses a meaningful opportunity to obtain
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  • bidding consortium as a major amendment. Consequently, it would be a minor amendment under the Part 1 rules, as amended, and permitted after the short-form filing deadline. Accordingly, the Commission's proposal in the C Block Further Notice to allow short-form amendments reflecting the departure of a consortium member is no longer necessary. Federal Communications Commission FCC 98-176 47 C.F.R. § 1.2101 144 Part 1 Third Report and Order, 13 FCC Rcd at 459-60 para. 150. 145 Id. 146 See, e.g., "Auction of the Phase II 220 MHz Service Licenses," Public Notice, DA 98-1010, at 32-34 (released 147 May 29, 1998). "156-162 MHz VHF Public Coast Station Spectrum Auction Scheduled for December 3, 1998," Public Notice, 148 DA 98-1469 (released July 23,
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • bidding consortium as a major amendment. Consequently, it would be a minor amendment under the Part 1 rules, as amended, and permitted after the short-form filing deadline. Accordingly, the Commission's proposal in the C Block Further Notice to allow short-form amendments reflecting the departure of a consortium member is no longer necessary. Federal Communications Commission FCC 98-176 47 C.F.R. § 1.2101 144 Part 1 Third Report and Order, 13 FCC Rcd at 459-60 para. 150. 145 Id. 146 See, e.g., "Auction of the Phase II 220 MHz Service Licenses," Public Notice, DA 98-1010, at 32-34 (released 147 May 29, 1998). "156-162 MHz VHF Public Coast Station Spectrum Auction Scheduled for December 3, 1998," Public Notice, 148 DA 98-1469 (released July 23,
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PART 1--PRACTICE AND PROCEDURE SUBPART Q--COMPETITIVE BIDDING PROCEEDINGS GENERAL PROCEDURES § 1.2101 Purpose. The provisions of this subpart implement Section 309(j) of the Communications Act of 1934, as added by the Omnibus Budget Reconciliation Act of 1993 (Pub.L. 103-66) and the Balanced Budget Act of 1997 (Pub.L. 105-33), authorizing the Commission to employ competitive bidding procedures to choose from among two or more mutually exclusive applications for certain initial licenses. § 1.2102
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • authority to resolve competing applications for commercial broadcast stations by a system of random selection. The Commission began this rulemaking proceeding to implement these provisions of the Budget Act. 5. In the Notice, the Commission tentatively proposed to adhere to the Commission's existing competitive bidding procedures that are already in place for non-broadcast services, set forth in 47 C.F.R. §§ 1.2101-1.2111, subject to any changes made in these procedures in the ongoing Part 1 Rulemaking, where the Federal Communications Commission FCC 98-194 See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, Order, Memorandum Opinion 5 and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997) (hereafter Part 1 Rulemaking). 4 Commission had proposed certain
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • MHz .................... Lancaster, PA 40؛15'45" 76؛27'49" ------------------------------------------------------------------------------- (ii) The distance to the radio horizon is calculated using the following formula: d = xh 17 where 65 d is the distance to the radio horizon in kilometers h is the height of the antenna center of radiation above ground level in meters PART 1--PRACTICE AND PROCEDURE SUBPART Q--COMPETITIVE BIDDING PROCEEDINGS § 1.2101 Purpose. The provisions of this subpart implement Section 309(j) of the Communications Act of 1934, as added by the Omnibus Budget Reconciliation Act of 1993 (Pub.L. 103-66) and the Balanced Budget Act of 1997 (Pub.L. 105-33), authorizing the Commission to employ competitive bidding procedures to choose from among two or more mutually exclusive applications for certain initial licenses. § 1.2102
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • authority to resolve competing applications for commercial broadcast stations by a system of random selection. The Commission began this rulemaking proceeding to implement these provisions of the Budget Act. 5. In the Notice, the Commission tentatively proposed to adhere to the Commission's existing competitive bidding procedures that are already in place for non-broadcast services, set forth in 47 C.F.R. §§ 1.2101-1.2111, subject to any changes made in these procedures in the ongoing Part 1 Rulemaking, where the Federal Communications Commission FCC 98-194 See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Proceeding, Order, Memorandum Opinion 5 and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686 (1997) (hereafter Part 1 Rulemaking). 4 Commission had proposed certain
• http://wireless.fcc.gov/auctions/40/releases/da012122.doc http://wireless.fcc.gov/auctions/40/releases/da012122.pdf http://wireless.fcc.gov/auctions/40/releases/da012122.txt
  • defaults on Commission licenses. - - - FCC - - - See 47 C.F.R. § 1.2105(a). See AMOR Family Broadcasting Group v. FCC, 918 F.2d 960, 962 (D.C. Cir. 1990); P & R Temmer v. FCC, 743 F.2d 918, 931 (D.C. Cir. 1984); Request of 220 Television, Inc., Dayton Ohio, 81 FCC 2d 575, 577 (1980). See 47 C.F.R. § 1.2101 et seq. Lower and Upper Paging Bands Auction Scheduled for June 26, 2001; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedural Issues, Public Notice, DA 01-850 (rel. April 9, 2001), 66 Fed Reg. 21143 (``Auction No. 40 Procedures Public Notice''). Various deadlines announced in the Auction No. 40 Procedures Public Notice subsequently have been changed. See
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • Commission. 454 See BBA 97 §§ 3003, 3007. See also Notice, 16 FCC Rcd at 7280 ¶ 1. 455 See 47 U.S.C. § 309(j)(14)(C)(ii). 456 See Notice, 16 FCC Rcd at 7326 ¶ 116. 457 See id. 458 See Gila River Comments at 13-14. 459 See U.S. Cellular Comments at 7; Leap Reply at 15-16. 460 See 47 C.F.R. § 1.2101 et. seq. (Part 1, Subpart Q -- Competitive Bidding Proceedings). Federal Communications Commission FCC 01-364 63 streamline our general competitive bidding rules for all radio services that are subject to competitive bidding and increase the efficiency of the competitive bidding process.461 Application of the Part 1 rules will be subject to any modifications that the Commission may subsequently adopt.462 167.
• http://wireless.fcc.gov/auctions/45/releases/fc020009.pdf http://wireless.fcc.gov/auctions/45/releases/fc020009.txt
  • (rel. Nov. 3, 2000)) (Part 1 Order on Reconsideration) (recons. pending). More recently, the Commission adopted modifications to Section 1.2105(c) of the Commission's rules, the competitive bidding "anti-collusion rule." Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, FCC 01-270 (rel. Sept. 27, 2001). See also 47 C.F.R. § 1.2101 et seq. 76 Notice, 16 FCC Rcd at 4302, ¶ 12. 77 Id. 78 Id. 79 Id. See 47 C.F.R. § 1.2110(f)(3). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify. Unlike other bidding credits that are requested prior to the auction, a winning bidder applies
• http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
  • and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000) (Part 1 Recon Order and Part 1 Fifth Report and Order, Fourth Further Notice of Proposed Rule Making); Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Seventh Report and Order, FCC 01-270 (rel. Sept. 27, 2001). 316 See 47 C.F.R. Section 1.2101 et. seq. 317 See Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293 (2000). See also Part 1 Recon Order and Part 1 Fifth Report and Order, 15 FCC Rcd 15293 (2000) (recons. pending). 318 See Part 1 Third Report and Order, 13 FCC Rcd 374, 448-49, 454-55 ¶¶ 125, 139 (directing the Bureau to seek comment on
• http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
  • Fourth FNPRM) (recons. pending). 321 This proposal applied to initial licenses for primary telemetry services in the 1429.5-1432 MHz band as well as initial licenses for primary telemetry services in the seven geographic "carve-out" areas in the 1427-1429.5 MHz band. Service Rules Notice, 17 FCC Rcd at 2549 n.314. 322 Id. at 2549 ¶ 141. 323 See 47 C.F.R. Section 1.2101 et. seq. 324 See Part 1 Third Report and Order, 13 FCC Rcd 374, 448-49, 454-55 ¶¶ 125, 139 (directing the Bureau to seek comment on specific mechanisms relating to auction conduct pursuant to the Balanced Budget Act). 325 Service Rules Notice, 17 FCC Rcd at 2549 ¶ 141. Federal Communications Commission FCC 02-152 43 101. We received only one
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • e-mail to bmillin@fcc.gov. This Memorandum Opinion and Order and Second Report and Order can be downloaded at http://www.fcc.gov. VII. ORDERING CLAUSES 263. Authority. Accordingly, IT IS ORDERED that pursuant to the authority contained in Sections 4(i), 7(a), 301, 303(c), 303(f), 303(g), 303(r), 308, and 309(j) of the Communications Act of 638 EchoStar Comments at 31. 639 See 47 C.F.R. § 1.2101 et. seq. 640 Id. 641 See para.180, supra. See also Secondary Markets Policy Statement, 15 FCC Rcd 24178, and Secondary Markets NPRM, 15 FCC Rcd 24203. 642 47 U.S.C. §§ 309(j)(3)(B), 309(j)(4)(C). Federal Communications Commission FCC 02-116 102 1934, as amended, 47 U.S.C. §§ 154(i), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 308, 309(j), this Memorandum Opinion and Order and Second
• http://wireless.fcc.gov/auctions/56/releases/da021745.pdf http://wireless.fcc.gov/auctions/56/releases/da021745.txt
  • 101 of the Commission's Rules to License Fixed Services at 24 GHz, WT Docket No. 99-327, Report and Order, 15 FCC Rcd 16,934 (2000) ("24 GHz Report and Order"). 7 24 GHz Report and Order, 15 FCC Rcd 16,934, 16,941-16,942 at ¶¶ 12-13, 16,965 at ¶¶ 71-72 (2000). The Part 1 competitive bidding rules are codified at 47 C.F.R. §§ 1.2101 et seq. 8 47 C.F.R. § 1.2105(a)(1). See also Implementation of Section 309(j) of the Communications Act ­ Competitive Bidding, Second Report and Order, 9 FCC Rcd 2348, 2376, ¶ 164 (1994) ("Competitive Bidding Second Report and Order") ("We will not accept applications filed before or after the dates specified in Public Notices.") (footnote omitted). 9 47 C.F.R. § 1.2105(a)(1).
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in this subpart. 56. Amend § 73.3571 by revising paragraph (h)(4)(i) to read as follows: § 73.3571 Processing of AM broadcast station applications. * * * * * (h) * * * (4)(i) The auction will be held pursuant to the procedures set forth in §§ 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the FCC will release a Public Notice announcing the close of the auction and identifying the winning bidders. Winning bidders will be subject to the provisions of § 1.2107 regarding down payments and will be required to submit the appropriate down payment within 10 business days of the Public Notice.
• http://wireless.fcc.gov/auctions/general/releases/fc000189.doc http://wireless.fcc.gov/auctions/general/releases/fc000189.pdf http://wireless.fcc.gov/auctions/general/releases/fc000189.txt
  • firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. § 1.2106. See 47 C.F.R. §§ 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. § 1.2101 et seq. 47 C.F.R. § 1.2105. 47 C.F.R. § 1.2112. 47 C.F.R. § 1.2107. See 47 C.F.R. § 1.2108(b). See 47 C.F.R. § 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189 پ پ پ پ پ @& „0‎ „0‎ „0‎ „0‎ „0‎ „0‎ „ًٌ ر R ثE†پ:Ff(R)3FF
• http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • stock interests are treated as fully diluted in calculating the equity held in an applicant. These proposals are intended to help the Commission realize its goal of widening the opportunities for small businesses in the spectrum auction program. Federal Rules Which Overlap, Duplicate, Or Conflict With These Rules. None. The general competitive bidding rules are codified at 47 C.F.R. §§ 1.2101-1.2113. See, e.g., 47 C.F.R §§ 21.921-21.961 (Multipoint Distribution Service (MDS)); 47 C.F.R §§ 24.301-24.320 (narrowband Personal Communications Service (PCS)); 47 C.F.R. §§ 24.701-24.720 (broadband PCS); 47 C.F.R §§ 90.901-90.913 (800 MHz Specialized Mobile Radio Service (SMR)); 47 C.F.R §§ 90.1001-90.1025 (220 MHz Service); 47 C.F.R §§ 100.71-100.80 (Direct Broadcast Satellite (DBS)). See Implementation of Section 309(j) of the Communications Act
• http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
  • Section 309(j) of the Communications Act - Competitive Bidding, Second Report and Order, 9 1 FCC Rcd 2348, 2360, ¶ 68 (1994) ("Competitive Bidding Second Report and Order"), recon., Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Second Memorandum Opinion and Order, 9 FCC Rcd 7245 (1994) ("Competitive Bidding Second Memorandum Opinion and Order") 47 C.F.R. §§ 1.2101 et seq. 2 See, e.g., 47 C.F.R. §§ 24.301-24.320 (narrowband Personal Communications Service (PCS)); 47 C.F.R. §§ 3 24.701-720 (broadband PCS); 47 C.F.R. §§ 90.901-90.913 (Specialized Mobile Radio (SMR)); 47 C.F.R. § 95.816 (Interactive Video and Data Service (IVDS)); 47 C.F.R. §§ 100.71-100.80 (Direct Broadcast Satellite (DBS)); 47 C.F.R. §§ 21.921-21.961 (Multipoint Distribution Service (MDS)). Implementation of Section 309(j) of
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • Communications Commission FCC 97-413 Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, 1 Second Report and Order, 9 FCC Rcd 2348, 2360, ¶ 68 (1994) ("Competitive Bidding Second Report and Order"), on recon., Second Memorandum Opinion and Order, 9 FCC Rcd 7245 (1994) ("Competitive Bidding Second Memorandum Opinion and Order"). 47 C.F.R. §§ 1.2101 et seq. 2 3 a. Minority-based designated entity provisions........................174 b. Gender-based designated entity provisions.........................177 c. Rural Telephone Company provisions............................179 2. Installment Payments...............................................180 3. Attribution of Gross Revenues of Investors and Affiliates...................183 B. Payment Issues......................................................188 1. Default Payment..................................................188 C. Administrative Filing Periods for Applications and Petitions to Deny .............190 D. Competitive Bidding Procedures for the Auction of GWCS Licenses .............192 V.
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PART 1--PRACTICE AND PROCEDURE SUBPART Q--COMPETITIVE BIDDING PROCEEDINGS Important Note: This Subpart is subject to periodic review and revision. Readers are therefore cautioned to consult the official version of this Subpart for the latest version. § 1.2101 Purpose. The provisions of this subpart implement Section 309(j) of the Communications Act of 1934, as added by the Omnibus Budget Reconciliation Act of 1993 (Pub.L. 103-66) and the Balanced Budget Act of 1997 (Pub.L. 105-33), authorizing the Commission to employ competitive bidding procedures to choose from among two or more mutually exclusive applications for certain initial licenses. § 1.2102
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99204.wp
  • The largest auction conducted so far has been the D, E and F block broadband PCS auction, in which 1,479 licenses were put up for bid simultaneously. Most of the Commission's spectrum auctions have been conducted electronically, using computer software developed by the Commission specifically for this purpose. See Subpart Q of Part 1 of our rules, 47 C.F.R. §§ 1.2101 et seq. In addition, the Commission has adopted service-specific rules that govern auctions of licenses in particular services. See, e.g., 47 C.F.R. §§ 24.701 et seq. (rules for broadband PCS auctions), and 90 C.F.R. §§ 90.801 et seq. (rules for 900 MHz SMR auctions). Since the competitive bidding for universal service support contemplated in the instant proceeding does not involve
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • service on a broadcast, common carrier, or non-broadcast, non-common carrier basis with an applicant's self-characterization determinant of the applicable EEO rules. See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice of Proposed Rulemaking, 13 FCC Rcd 6907, 6924-925 (1998) (DBS NPRM). See supra paras. 1-2; see also 47 U.S.C. § 309(j)(14)(C). See 47 C.F.R. § 1.2101 et. seq. (Part 1, Subpart Q). The Commission has recently clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • at 10862 (¶ 154 n.345), noting that, in a pending petition for reconsideration of the RF Guidelines Report and Order, the Commission was considering whether to revise the threshold for requiring routine evaluation of mobile devices above 1.5 GHz from 1.5 watts to 3 watts. This change was made in the RF Guidelines Second Reconsideration Order. See 47 C.F.R. Section 1.2101 et. seq. (Part 1, Subpart Q). The Commission has recently clarified and amended its general competitive bidding procedures for all auctionable services. See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00189.doc
  • firms. We believe that 11.5% is a reasonable estimate of this market cost of debt at the time the payment stream would have begun. Third Report and Order, 9 FCC Rcd at 1339 (para. 8). See 47 C.F.R. § 1.2106. See 47 C.F.R. §§ 1.2104(g)(1),(2). See Part 1 of the Commission's Rules, Subpart Q, Competitive Bidding Proceedings, 47 C.F.R. § 1.2101 et seq. 47 C.F.R. § 1.2105. 47 C.F.R. § 1.2112. 47 C.F.R. § 1.2107. See 47 C.F.R. § 1.2108(b). See 47 C.F.R. § 1.2109(a). Commission staff will provide further guidance regarding notification procedures. (continued....) Federal Communications Commission FCC 00-189 Federal Communications Commission FCC 00-189 @& ر R س 0 س 0
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • stock interests are treated as fully diluted in calculating the equity held in an applicant. These proposals are intended to help the Commission realize its goal of widening the opportunities for small businesses in the spectrum auction program. Federal Rules Which Overlap, Duplicate, Or Conflict With These Rules. None. The general competitive bidding rules are codified at 47 C.F.R. §§ 1.2101-1.2113. See, e.g., 47 C.F.R §§ 21.921-21.961 (Multipoint Distribution Service (MDS)); 47 C.F.R §§ 24.301-24.320 (narrowband Personal Communications Service (PCS)); 47 C.F.R. §§ 24.701-24.720 (broadband PCS); 47 C.F.R §§ 90.901-90.913 (800 MHz Specialized Mobile Radio Service (SMR)); 47 C.F.R §§ 90.1001-90.1025 (220 MHz Service); 47 C.F.R §§ 100.71-100.80 (Direct Broadcast Satellite (DBS)). See Implementation of Section 309(j) of the Communications Act
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • well as Commission decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. Broadcasters should also familiarize themselves with the Commission's FM broadcast service rules contained in 47 C.F.R. §§ 73.201 - 73.333 and 73.1001 - 73.5009. Prospective bidders must also be familiar with the broadcast auctions and competitive bidding rules contained in 47 C.F.R. §§ 1.2101 - 1.2112 and 73.5000 - 73.5009. All bidders must also be thoroughly familiar with the procedures, terms and conditions contained in this Public Notice, the Auction 93 Comment Public Notice, the Broadcast First Report and Order, the Broadcast First Reconsideration Order, the New Entrant Bidding Credit Reconsideration Order, the NCE Second Report and Order, and the NCE Memorandum Opinion and