FCC Web Documents citing 1.2108
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- spectrum auctions adopted by Section 3008 of the BBA-97 permit the Commission to shorten notice periods in the auction context to a five-day petition to deny period and a seven-day public notice period, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order the Commission exercised this statutory authority, and amended Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We tentatively conclude below that services in the 4.9 GHz band will be auctionable services, so that the seven-day public notice period is applicable. We therefore seek comment on our tentative conclusion
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- of the BBA 97 and Consolidated Appropriations Act, 2000, permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. In the Upper 700 MHz First Report and Order, we adopted the seven-day notice requirement for initial applications and the five-day deadline for petitions to deny. We also determined that an applicant
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- of bidding on licenses for the relevant spectrum will not preclude the Commission from offering the same or other licenses for the spectrum in a later auction. 47 U.S.C. 309(j)(8)(E)(ii). See, e.g., Auction of Advanced Wireless Services Licenses Closes, DA 06-1882, Public Notice, 21 FCC Rcd 10521 (2006) (35 licenses remained FCC-held following auction). See 47 C.F.R. 1.2107, 1.2108. See 47 C.F.R. 1.2110(g). 47 U.S.C. 309(j)(8)(E)(ii). See 47 C.F.R. 1.2106(d) (upfront payments to be applied to down payments). See 47 C.F.R. 1.2109 (enabling the Commission to set payment deadline prior to final license determinations). 700 MHz Further Notice, 22 FCC Rcd at 8154 250. . Nevertheless, the Canadian Border Issue will persist for more
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- Section 1.2104(g)(2)(ii), whether or not combinatorial bidding is available in the auction, the percentage for the additional payment portion of any applicable default payment pursuant to Section 1.2104(g)(2) will equal between 3 and 20 percent of the applicable bid, according to a percentage (or percentages) established by the Commission in advance of the auction. (iv) Notwithstanding any provision of Section 1.2108, the Commission may defer the resolution of any petition to deny an application for any licenses in the 758-763 MHz and 788-793 MHz bands until the applicant, the Public Safety Broadband Licensee, and any other party the Commission may require or allow execute a Commission-approved NSA and such other agreements as the Commission may require or allow. (v) Notwithstanding any
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- necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
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- grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than May 22, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by May 30, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
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- Searching for Applications Listed in Attachment A Attachment D: Accessing the FCC Network Using Windows 95/98 On June 28, 2000, six long-form applications for authority to operate in the 39 GHz band were accepted for filing. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report Number: 570 (Jun. 28, 2000). 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b); see also 47 C.F.R. 1.4. 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov Z g +D +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5
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- be accepted without a showing of good cause. Maintaining Accuracy of Information. The applicant is no longer required to maintain accuracy and completeness of information furnished on its FCC Form 175 and exhibits. After the auction closes, the applicant is required to make all changes by filing FCC Form 301. Application processing and license grant. Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) days after
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- 2000) ("Auction No. 34 Announcing Public Notice") for detailed remittance and upfront payment information. This and other documents are available on the FCC website at: http://www.fcc.gov/wtb/auctions. 6 "Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules," Public Notice, DA 95-2244 (rel. October 26, 1995), 11 FCC Red 9645 (1995). 7 See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). 8 47 C.F.R. 1.2108. 13229 Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Monday, August 14, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to
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- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.2108). Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Tuesday, February 22, 2000. The Bureau will issue a public notice announcing when software for the mock auction is posted on the World Wide Web and BBS. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to bid either
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- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule found in Section 1.2108 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Thursday, August 31, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
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- the Commission's rules. Absent substantiated evidence of wrongdoing, we believe it is more prudent to address such allegations after the winning bidders have submitted their long-form applications. As Auction No. 34 is ongoing, we are unable, at this time, to specify the long-form due date. Please note however, that at the close of Auction No. 34, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the filing period for petitions to deny. Accordingly, we believe that your request for an investigation is not ripe and is denied. Sincerely, Margaret Wiener Deputy Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau cc: Preferred Acquisitions, Inc. Letter from Steven R. Sixberry, Nevada Wireless, to Auction 34
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- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment
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- TN-VA J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN E CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN K We note that on July 31, 2000, CT Communications, Inc. filed a request to waive the Commission requirement that long-form applications be signed when electronically filed. 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov b +D +D` PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a%
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- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment
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- favorable decision involving the petitioners' applications, the Commission must carry out the judgement of the court. Thus, we conclude that no further action regarding the petitioners' claims is required or warranted in the instant matter. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Section 1.2108 of the Commission's Rules, 47 C.F.R. 1.2108, the petition to deny File No. 0000138886, filed by Linda Chester, Southfield Communications LLC, and Wireless Telco on July 31, 2000 IS DISMISSED. IT IS FURTHER ORDERED that the petition to deny File No. 0000135598, filed by Broadband WirelessAccess Services, Stevan A. Birnbaum, Cambridge Partners, Inc., Linda Chester, HiCap Networks, Inc., PIW
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- involving the petitioners' applications, the Commission must carry out the judgement of the court. Thus, we conclude that no further action regarding the petitioners' claims is required or warranted in the instant matter. Accordingly, IT IS ORDERED pursuant to Sections 4(i), 309 and 402(h) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, 402(h), and Section 1.2108 of the Commission's Rules, 47 C.F.R. 1.2108, the petition to deny File No. 0000138764, filed by Broadband WirelessAccess Services, Cambridge Partners, Inc., Linda Chester, HiCap Networks, Inc., William R. Lonergan, PIW Development Corporation, Paul R. Likins, Cornelius T. Ryan, Southfield Communications LLC, and SMC Associates on July 31, 2000 IS DISMISSED. IT IS FURTHER ORDERED pursuant to Sections 4(i),
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- Microwave Services in the 38.6 to 40.0 GHz (39 GHz) Band, Public Notice, 15 FCC Rcd 850, 857 (2000). 39 GHz Band Auction Closes, Public Notice, 15 FCC Rcd 13648, 13648 (WTB 2000) (Auction Closes Public Notice). See id. Id. at 13649. Id. at 13648, 13654. Auction Closes Public Notice, 15 FCC Rcd at 13648, 13654; see 47 C.F.R. 1.2108(d). Wireless Telecommunications Bureau Announces that Certain Applications for the Authority to Operate in the 39 GHz Band Are Accepted for Filing, Public Notice, DA 00-2108 (rel. Sept, 15, 2000). Petition to Condition Authorization of ART at 2; Petition to Condition Authorization of CTC at 2. See Auction Closes Public Notice, 15 FCC Rcd at 13648, 13654; see also 47 C.F.R.
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- grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than October 26, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by November 2, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
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- any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 17, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by November 27, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
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- a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. B. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b) and 1.2109. Licenses will be granted only after the full and timely
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- C.F.R. 1.934(a), (d). In addition, we grant the waiver request for the application for the licenses listed in Attachment A in this Public Notice. Petitions to deny the application listed in Attachment A must be filed no later than January 2, 2001, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.4, 1.2108(b). Oppositions to a petition to deny must be filed no later than January 9, 2001, which is five (5) business days after the date on which the petition to deny is filed. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than January 17, 2001, which is five (5) business days after the date on
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- required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
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- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.2108). Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Friday, April 7, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to bid
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- grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than April 21, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by April 28, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
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- winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
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- and Saturday 8 a.m. to 7:00 p.m. ET, and Sunday 12:00 p.m. to 6 p.m. ET. Closed all government holidays. All calls to the FCC Technical Support Hotline are This Public Notice addresses only VPC applications. Location and Monitoring Service applications filed with respect to Auction No. 39 will be addressed separately. 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov News Media Information 202 / 418-0500
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- have not yet submitted the required certifications to the Commission for an award of the TLBC, the ``Tribal Land Bidding Credit'' column in Attachment A will be blank. Petitions to deny the applications listed in Attachment A must be filed no later than August 20, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than August 27, 2001, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than September 4, 2001, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- outcome of 21st Century's Further Reconsideration Petition would only frustrate the public's interest in the efficient deployment of telecommunications services in this spectrum, contrary to the statutory objectives. IV. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to Sections (4)(i), 309(d)(1) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), 309(j), and sections 0.331, 1.2108 and 24.830 of the Commission's rules, 47 C.F.R. 0.331, 1.2108, 24.830, the Petitions to Deny filed jointly by 21st Century Telesis Joint Venture and 21st Century Bidding Corp. on March 9, 2001 ARE HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Linda C. Ray Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau In Re Licenses of 21st Century
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- outcome of Southern's Petition for Further Reconsideration would only frustrate the public's interest in the efficient deployment of telecommunications services in this spectrum, contrary to the statutory objectives. IV. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to Sections (4)(i), 309(d)(1) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), 309(j), and sections 0.331, 1.2108 and 24.830 of the Commission's rules, 47 C.F.R. 0.331, 1.2108, 24.830, the Petitions to Deny filed by Southern Communications Systems, Inc. on March 9, 2001 ARE HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Linda C. Ray Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau Southern Communications Systems, Inc., Request for Limited Rule Waiver to Comply with PCS
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- litigation. 7. As we are denying the Petitions for the reasons discussed above, and having reviewed the Applications, we conclude that grant of the above-captioned Applications will serve the public interest, convenience and necessity. 8. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 0.331 and 1.2108 of the Commission's rules, 47 C.F.R. 0.331, 1.2108, the Petitions to Deny filed by Preferred Acquisitions, Inc. on December 22 and 27, 2000 in the above-captioned proceedings ARE HEREBY DENIED. 9. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d), and sections 0.331 and 22.137
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- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
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- winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
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- applicant is not seeking a tribal land bidding credit. J. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. K. Application Processing and License Grant Pursuant to Section 1.2108(b) of the Commission's rules and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Forms 601 and 602 are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time
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- winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). Final Payments After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
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- comments must do so on or before January 11, 2002. All comments should reference Space Data's request and include the DA number of this Public Notice (DA 01-2914). Petitions to deny the applications listed in Attachment A must be filed no later than December 27, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition must be filed no later than January 4, 2002, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than January 11, 2002, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All pleadings regarding
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- TTY (202) 414-1255. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Questions regarding this Public Notice may be directed to Shellie Blakeney, Esq., Wireless Telecommunications Bureau at (202) 418-1784, TTY (202) 418-7233. 47 C.F.R. 1.934. 47 C.F.R. 1.2108(b); see also 47 C.F.R. 1.4. 47 C.F.R. 1.2108(c). Id. Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345, 2 (rel. Nov. 29, 2001). For security purposes, we recommend that documents filed via electronic mail be converted to PDF format. Id., 6. The Commission will automatically reply to all incoming e-mails to confirm
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- agreement. Id. Id. at 1772 14. 39 GHz Band Auction Closes, Public Notice, 15 FCC Rcd 13648, 13648 (WTB 2000) (Auction Closing PN). See id. Id. at 13656-13759. TRW, FCC Form 601. WinStar Comments, filed July 31, 2000 (Comments); WCA, Petition to Deny, filed July 31, 2000 (Petition). At the outset, we note that 47 C.F.R. 1.925, 1.939, 1.2108 do not authorize the filing of a petition to deny against a waiver request. Comments may be filed in response to the filing of a waiver request. Because the title of a pleading filed by a party is not controlling as to the disposition of the pleading, we will consider WCA's filing as comments concerning the waiver request. Daniel R.
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's Rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 26, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than March 5, 2001, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 12, 2001, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s). Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
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- yet submitted the required certifications to the Commission for an award of the TLBC, the ``Tribal Land Bidding Credit'' column in Attachment A will be blank. See id. Petitions to deny the applications listed in Attachment A must be filed no later than March 9, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than March 16, 2001, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 23, 2001, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- 15, 2001, from Mark J. Tauber, Piper Marbury Rudnick & Wolfe, counsel for PCS Partners, to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In re Application of PCS Partners, L.P., Order, DA 01-518 (WTB, released Feb. 27, 2001). See Waiver Request. See Waiver Request. See 47 C.F.R. 1.2108(b). Public Notice, C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000, DA 00-2259 (WTB, released October 5, 2000). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent to violate the rule. Southern California Broadcasting Company, 6 FCC
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 2, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than April 9, 2001, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than April 16, 2001, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- inclusion in the gross revenues of the entity seeking a bidding credit. Accordingly, Applicants need not disclose the personal income of any of their individual members with controlling interests, and we therefore deny SBT's Petitions. 6. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 0.331, 1.2108 of the Commission's rules, 47 C.F.R. 0.331, and 1.2108, the Petitions to Deny filed by Small Business in Telecommunications on November 17, 2000 in the above-captioned proceedings ARE HEREBY DENIED. FEDERAL COMMUNICATIONS COMMISSION Linda C. Ray Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau See ``700 MHz Guard Band Auction Closes, Winning Bidders Announced,'' Public
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- be defective or not in conformance with the Commission's Rules. See 47 C.F.R. 1.934(a), (d). Applications not appearing in Attachment A remain under consideration by the Commission. Petitions to deny the applications listed in Attachment A must be filed no later than January 29, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than February 5, 2001, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than February 12, 2001, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- further information, see Instructions in Attachment C. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Forms 601 and 602 that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). Final Payments After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
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- dismiss any application if it is found upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than August 5, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than August 12, 2002, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than August 19, 2002, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- TTY (202) 414-1255. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Questions regarding this Public Notice may be directed to Shellie Blakeney, Esq., Wireless Telecommunications Bureau at (202) 418-1784, TTY (202) 418-7233. 47 C.F.R. 1.934. 47 C.F.R. 1.2108(b); see also 47 C.F.R. 1.4. 47 C.F.R. 1.2108(c). Id. Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345, 2 (rel. Nov. 29, 2001). For security purposes, we recommend that documents filed via electronic mail be converted to PDF format. Id., 6. The Commission will automatically reply to all incoming e-mails to confirm
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- further information, see Instructions in Attachment D. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Forms 601 and 602 that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- The following schedule for pleading and payment has been set in light of the Auction Reform Act of 2002, which includes a statutory deadline of December 31, 2002. Petitions to deny the applications listed in Attachment A must be filed no later than November 15, 2002, seven (7) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 22, 2002, five business (5) days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than December 2, 2002, five business (5) days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than December 19, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than December 27, 2002, five business (5) days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than January 6, 2003, five business (5) days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- be accepted without a showing of good cause. G. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Form 301. Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. H. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny these applications. The
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- be accepted without a showing of good cause.8 G. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Form 301. Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. H. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997,9 interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to
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- at 1. 47 C.F.R. 1.2107(c). Id. 47 C.F.R. 1.2107(f). Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent
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- 0000729484 (dated Jan. 10, 2001) at 4 (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). See Waiver Request at 1-3. 47 C.F.R. 1.2107(c). Id. See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent
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- 0000730960, 0000730981, 0000730994 (dated Jan. 11, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). See Waiver Request at 1. 47 C.F.R. 1.2107(c). Id. See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent
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- Nos. 0000729873, 0000729897 (dated Jan. 10, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). See Waiver Request at 5. 47 C.F.R. 1.2107(c). Id. See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). See Closing PN, 16 FCC Rcd at 21857. The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or
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- Jan. 10, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). See Waiver Request at 2. Waiver Request at 2. 47 C.F.R. 1.2107(c). Id. See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). See Closing PN, 16 FCC Rcd at 21857. The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or
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- at 4. 47 C.F.R. 1.2107(c). Id. 47 C.F.R. 1.2107(f). Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent
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- at 1-2. 47 C.F.R. 1.2107(c). Id. 47 C.F.R. 1.2107(f). Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). See 47 C.F.R. 1.2108(b). See ``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, 16 FCC Rcd 7657 (2001). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent
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- that an applicant is not qualified and no substantial issue of fact exists concerning that determination.''); see 47 U.S.C. 309(e); U.S. v. Storer Broadcasting Co., 76 S. Ct. 763, 770-72 (1956) (``We do not think Congress intended the Commission to waste time on applications that do not state a valid basis for a hearing.''); see also 47 C.F.R. 1.2108(d)(2). We note further that Mountain Solutions recently filed a petition for reconsideration of a Commission order in a separate proceeding, seeking, in part, relief for its Auction No. 10 license obligations. Petition for Reconsideration of Order and Order on Reconsideration, filed by Mountain Solutions Ltd., Inc. (Dec. 16, 2002) (seeking reconsideration of Disposition of Down Payment and Pending Applications By
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- as for the reasons discussed above, we would deny the TPS Utilicom Petition to Deny Alaska Native Wireless' Applications even if we were to address it on the merits. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to Section 4(i), 309(d)(1) and 309(j) of then Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), 309(j), and sections 0.331, 1.2108 and 24.830 of the Commission's Rules, 47 C.F.R. 0.331, 1.2108, 24.830, the Petition to Deny filed by TPS Utilicom, Inc. on March 9, 2001 is hereby DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Kathleen O'Brien Ham Deputy Chief Wireless Telecommunications Bureau Licenses auctioned in ``closed'' bidding are available only to bidders qualifying as ``entrepreneurs.'' See Amendment of the Commission's Rules Regarding Installment
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- dismiss any application if it is found upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 18, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than March 25, 2002, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than April 1, 2002, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R.1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 19, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than April 26, 2002, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than May 3, 2002, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- redundant with all or part of section 1.2107 of the Commission's rules, are modified or removed in whole or in part: 21.955(a), (c); 21.958; 22.211(b); 22.213; 22.965(b); 24.706(b); 24.711(a)(2); 24.716(a)(2); 25.404(a), (b); 26.206; 26.207; 27.206; 73.3573(f)(5)(i); 73.5003(b)-(c); 74.1233(d)(5)(i); 90.807(b); 90.808; 90.907(b); 90.908; 90.1011(b); 90.1013; 100.76(b); 101.531; 101.1105(b); 101.1205(b); and 101.1206. Procedures for filing petitions to deny against long-form applications. Section 1.2108 of the Commission's rules describes the timing and procedures for filing petitions to deny a winning bidder's long-form application. The period for filing a petition to deny commences after the Commission releases a public notice announcing that a long-form application has been accepted for filing. Section 1.2108 also provides that the length of time to file a petition to deny
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
- redundant with all or part of section 1.2107 of the Commission's rules, are modified or removed in whole or in part: 21.955(a), (c); 21.958; 22.211(b); 22.213; 22.965(b); 24.706(b); 24.711(a)(2); 24.716(a)(2); 25.404(a), (b); 26.206; 26.207; 27.206; 73.3573(f)(5)(i); 73.5003(b)-(c); 74.1233(d)(5)(i); 90.807(b); 90.808; 90.907(b); 90.908; 90.1011(b); 90.1013; 100.76(b); 101.531; 101.1105(b); 101.1205(b); and 101.1206. Procedures for filing petitions to deny against long-form applications. Section 1.2108 of the Commission's rules describes the timing and procedures for filing petitions to deny a winning bidder's long-form application. The period for filing a petition to deny commences after the Commission releases a public notice announcing that a long-form application has been accepted for filing. Section 1.2108 also provides that the length of time to file a petition to deny
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- return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R.1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than April 25, 2002, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than May 2, 2002, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than May 9, 2002, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- further information, see Instructions in Attachment C. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing that the FCC Form 601 and 602 are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- contact the FCC Technical Support Hotline at (202) 414-1250. The FCC Technical Support Hotline generally will be available Monday through Friday, from 9 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. Those persons seeking answers to legal questions should call Keith Fickner at (202) 418-7308. 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov $ $ PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD
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- need to submit two applications per service. J. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. K. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- to the extent that it is not moot, for lack of standing. As further discussed above, were we to consider the Petition on the merits, we would deny it. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 309(d)(1) and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), 309(j), and sections 0.331, 1.2108 and 24.830 of the Commission's Rules, 47 C.F.R. 0.331, 1.2108, 24.830, the Petition to Deny filed by TPS Utilicom, Inc. on March 9, 2001 is hereby DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Linda C. Ray Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau See generally TPS' Petition to Deny, filed March 9, 2001 (``Petition''). DCC was the
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- further information, see Instructions in Attachment E. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- Late-filed amendments will not be accepted. H. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing amendments to FCC Form 301. Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. I. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny these applications. The
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 22, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than September 30, 2003, six (6) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 8, 2003, six (6) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 10, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 20, 2003, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 27, 2003, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- further information, see Instructions in Attachment C. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- further information, see Instructions in Attachment E. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 14, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 21, 2003, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 28, 2003, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than October 17, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 24, 2003, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 31, 2003, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 13, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 20, 2003, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 28, 2003, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 14, 2003, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than February 24, 2003, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 3, 2003, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than May 3, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than May 10, 2004, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than May 17, 2004, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than June 25, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than July 2, 2004, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than July 12, 2004, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- further information, see Instructions in Attachment D. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the application listed in Attachment A must be filed no later than February 13, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than February 23, 2004, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 1, 2004, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 13, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than February 23, 2004, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 1, 2004, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- further information, see Instructions in Attachment C. H. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. I. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- further information, see Instructions in Attachment C. H. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. I. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to deny has expired. The petitioner may
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- January 2004, when Auction 53 closed, we would expect that action will be undertaken expeditiously to come into compliance well within the 360-day period sought in the Waiver Request and granted herein. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(a), and Section 1.2108 of the Commission's Rules, 47 C.F.R. 1.2108, the captioned application of DTV Norwich LLC for the New York market, File No. 0001618606-MVD001 IS GRANTED subject to the CONDITIONS set forth by rule in 47 C.F.R. 101.1412 as modified by this Order. IT IS FURTHER ORDERED that, pursuant to the authority in sections 1, 2, 4(i) and 4(j) of the
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 22, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 30, 2004, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than December 7, 2004, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- prudent to address such allegations after the winning bidders have submitted their long-form applications (FCC Form 301), when there is greater opportunity for investigation of such allegations. As Auction No. 37 is ongoing, we are unable, at this time, to specify the long-form due date. Please note, however, that at the close of Auction No. 37, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the time frame and procedures for filing petitions to deny. Accordingly, your request to suspend an Auction No. 37 bidder from participating in the auction is denied. Sincerely, Gary D. Michaels Deputy Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau Letter from Robert J. Ingstad, to Keith Larson,
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- H. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Form 301. With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 and exhibits. I. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 has been accepted for filing. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny these applications.
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- further information, see Instructions in Attachment D. I. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. J. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and the Balanced Budget Act of 1997, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 15, 2004, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than April 22, 2004, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than April 29, 2004, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- a result of this transaction. Therefore, we find that the potential benefits outweigh any potential harm and that the proposed transaction is in the public interest. Conclusion Accordingly, IT IS ORDERED that, pursuant to the authority granted in Sections 4(i), 309(d)(1), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), 309(j) and Sections 0.331 and1.2108 of the Commission's Rules, 47 C.F.R. 0.331 and 1.2108, the Assignment Applications, dated August 15, 2003, the respective Petitions to Deny filed on October 27, 2003 by Instructional Telecommunications Foundation, Inc., Northwest Communications, Inc., and, jointly, Red New York E Partnership and Veritas LLC are DENIED. IT IS FURTHER ORDERED that, pursuant to the authority granted in Sections 4(i),
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- that PSI's failure to construct certain site-based Great Lakes AMTS stations constitutes grounds to dismiss or deny PSI's long-form application for the Channel Block B license for the Great Lakes region. For the aforementioned reasons, IT IS ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d), and Section 1.2108 of the Commission's Rules, 47 C.F.R. 1.2108, the petition to deny application FCC File No. 0001883916 IS DENIED, and the application SHALL BE PROCESSED consistent with this Order and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J.
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- to John B. Muleta, Chief, Wireless Telecommunications Bureau (received Mar. 1, 2005, via facsimile by the Commission's Gettysburg, PA office). See Ex Parte Motion and Petition to Deny Against All Long-Form Applications of Opposing Entities Which Placed Bids Less Than or Equal in Value of Bids Placed By Ameer Flippin, An Individual, in Auction #58, In Accordance With 47 CFR 1.2108; Attached Listing of Long Form Applicants Being Motioned To Deny; By Pro Se Bidder, Ameer Flippin (received Mar. 1, 2005, by the Commission's Gettysburg, PA, office, and received Mar. 24, 2005 by the Commission's Mailroom, Washington, DC). See 47 C.F.R. 1.2107(c) (``A high bidder that meets its down payment obligations in a timely manner must, within ten (10) business
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- (ULS). For further information, see Instructions in Attachment E. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to deny has expired. The petitioner may
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- 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 entities. 1.2111 Assignment or transfer of control: unjust enrichment. PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART B -- ALLOCATION, ASSIGNMENT, AND USE OF RADIO FREQUENCIES Brief Description: Footnote US315 states that, in the frequency bands
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- # 59, Pending Approval Of Installment Payments'' (hereinafter referred to as ``Application''). This series of emails included: (1) Ex-Parte Motion and Petition to Deny Against All Long-Form Applications of Opposing Entities which Placed Bids Less Than or Equal To In Value of Bids Placed by Ameer Flippin, an Individual, In Auction #59, Multiple Address Systems, In Accordance with 47 C.F.R. 1.2108; Attached Listing of Long Form Applicants Being Motioned to Deny; by Pro Se Bidder, Ameer Flippin; (2) Affidavit In Support of the Ex-Parte Motion and Petition to Deny Against All Long-Form Applications of Opposing Entities which Placed Bids Less Than or Equal To In Value of Bids Placed by Ameer Flippin, an Individual, In Auction #59, Multiple Address Systems, In
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than July 18, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than July 25, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than August 1, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- 602. For further information, see Instructions in Attachment D. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to deny has expired. The petitioner may
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- 602. For further information, see instructions in Attachment D. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 11, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 18, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 25, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- interest in the applicant or application). Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Forms 346 or 301-CA. Applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and Construction Permit Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, interested parties will have fifteen (15) days to file petitions to deny after the Commission releases a public notice announcing the FCC Forms 346 or 301-CA have been accepted for filing. An applicant may file an opposition to any petition to deny within fifteen (15) days of the filing deadline for
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- initial review. The Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. Petitions to deny the applications listed in Attachment A must be filed no later than October 24, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 31, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 7, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 10, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 17, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 24, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 10, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 17, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 24, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- 602. For further information, see instructions in Attachment D. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to deny has expired. The petitioner may
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- dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934 (a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than February 22, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than March 1, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 8, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- (ULS). For further information, see Instructions in Attachment E. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in the ULS system (Form 601). Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to deny has expired. The petitioner may
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 4, 2005, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than April 11, 2005, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than April 18, 2005, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- in Attachment C. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes in ULS (Form 601). With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b), interested parties will have ten days to file petitions to deny after the Commission releases a public notice announcing the long-form (FCC Form 601) applications that are acceptable for filing. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than August 7, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than August 14, 2006, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than August 21, 2006, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- Accepted for Filing PN, petitions to deny were due November 10, 2005, ten days after release of the Accepted for Filing PN; oppositions were due November 17, 2005, five business days after the deadline for petitions to deny; and replies were due November 24, 2005, five business days after the deadline for filing oppositions. Id.; see also 47 C.F.R. 1.2108(b)-(c). As initially released, however, the Accepted for Filing PN omitted Appendix A listing the specific applications found acceptable for filing. The Bureau accordingly issued an Erratum two days later, on November 2, 2005 (Erratum), reissuing the Accepted for Filing PN with Appendix A, and making additional minor corrections. Both Havens and MC/LM requested that the Commission extend the pleading cycle
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- more prudent to address such allegations after the winning bidders have submitted their long-form applications when there is greater opportunity for investigation. As the bidding in Auction No. 66 has not yet started, we are unable, at this time, to specify the long-form due date. Please note however, that at the close of Auction No. 66, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the timeframe and procedures for filing petitions to deny. Accordingly, we believe that your request is not ripe and is denied. Sincerely, Gary D. Michaels Deputy Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: John A. Prendergast, Esq. Richard Rubino, Esq. Letter from Timothy E. Welch to
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- the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 applications and exhibits. Application Processing and License Grant After its initial review of the FCC Forms 601, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) of the Commission's rules, interested parties will have ten business days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than November 6, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 14, 2006, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 21, 2006, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- ) ) ) ) ) ) ) ) ) ) ) ) ) ) Report No. AUC-65 DA 06-1520 FCC File No. 0002653156 FCC File No. 0002658043 ORDER Adopted: October 30, 2006 Released: October 31, 2006 By the Chief, Mobility Division, Wireless Telecommunications Bureau: Introduction We have before us a Petition for Clarification, and Action Deemed Appropriate, Under Sections 1.939, 1.2108, and 1.41 (``Petition'') of the Commission's Rules, filed by AMTS Consortium LLC and Intelligent Transportation & Monitoring Wireless LLC regarding the two above-referenced applications for authorizations to provide air-ground radiotelephone service in the 800 MHz band. The Havens Parties' pleading is based on allegations that certain Auction 65 rules were ``unconstitutionally vague, otherwise defective, and thus unenforceable'' and that because
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than November 13, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than November 20, 2006, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 28, 2006, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- application). Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Form 301. With the release of this public notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and Construction Permit Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 have been accepted for filing. The Media Bureau will use public notices generated by their Consolidated Data Base System (CDBS) to start the ten-day period for filing petitions to deny these applications. The public
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- to whether the information that you have provided is accurate or should be deemed a violation of the Commission's rules. As the bidding in Auction No. 62 has not yet been completed, we are unable, at this time, to specify the long-form application due date. Please note, however, that at the close of Auction No. 62, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the time frame and procedures for filing petitions to deny. Accordingly, your request to disqualify an Auction No. 62 bidder from participating in the auction is denied. Sincerely, Gary D. Michaels Deputy Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau Email from Daniel W. Finch, Jr. to Margaret
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 13, 2006, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than March 20, 2006, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 27, 2006, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- application). Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Form 301. With the release of this public notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 and exhibits. Application Processing and Construction Permit Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 has been accepted for filing. An applicant may file an opposition to any petition to deny within five (5) days of the filing deadline for petitions to deny. Replies must be filed within five
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- release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 short-form applications and exhibits. Application Processing and License Grant After its initial review of the FCC Forms 601, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) of the Commission's rules, interested parties will have ten business days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition
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- Bidding, Second Report and Order, PP Docket No. 93-253, 9 FCC Rcd 2348, 2376 162-63 (1994) (``Submission of a short-form application prior to the auction, ... would reduce the administrative burdens of the initial stages of the auction process, avoid unnecessary delay in the initiation of service, and encourage applicants to participate in the process.''). See 47 C.F.R. 1.2108. See Winstar Broadcasting 20 FCC Rcd at 2052-53 15-19. In addition, we find no basis to recuse any FCC staff from this proceeding, as requested by the Petitioners. See Second Petition at 25; see also id. at 5; First Reply at 9. ``The test for recusal in an adjudicatory proceeding on the ground of bias or the appearance of
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- 2006; Clarification of Treatment of Bids by Bidders Sharing a Controlling Interest,'' Public Notice, 21 FCC Rcd 5058 (WTB 2006) (``Auction No. 65 Supplemental Procedures Public Notice''). Id. at 5058 and n.4. Division Order, 21 FCC Rcd at 5120 10 On August 7, 2006, the Havens Parties filed a ``Petition for Clarification, and Action Deemed Appropriate, Under Sections 1.939, 1.2108, and 1.41.'' Intelligent Transportation & Monitoring Wireless LLC and AMTS Consortium LLC, Petition for Clarification, and Action Deemed Appropriate, Under Sections 1.9393, 1.2108 and 1.41, filed on Aug. 7, 2006 (``Auction No. 65 Applications Petition''). The applicants, AC BidCo LLC and LiveTV, LLC, filed oppositions. See AC BidCo LLC, Opposition to Petition for Clarification, and Action Deemed Appropriate, filed on
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- After the auction closes, all required changes to an applicant's information must be made by filing or amending the applicant's FCC Form 301 application. With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications. Application Processing and Construction Permit Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, interested parties will have ten days to file petitions to deny after the Commission releases a public notice announcing that the FCC Form 301 has been accepted for filing. The Media Bureau will use public notices generated by the Consolidated Data Base System (CDBS) to start the ten-day period for filing petitions to deny of these applications. The
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than April 16, 2007, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than April 23, 2007, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than April 30, 2007, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 short-form applications and exhibits. Application Processing and License Grant After its initial review of the FCC Forms 601, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) of the Commission's rules, interested parties will have ten business days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition
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- conclusion as to whether the information that you have provided is accurate or should be deemed a violation of the Commission's rules. As the bidding in Auction 72 has not yet been commenced, we are unable, at this time, to specify the long-form application due date. Please note, however, that at the close of Auction 72, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the time frame and procedures for filing petitions to deny. In addition, information has recently come to the attention of the Auctions and Spectrum Access Division that one or more of the affiliates of AMTS may be delinquent on non-tax debts to the Commission in the form of fees
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than July 5, 2007, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than July 12, 2007, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than July 19, 2007, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their FCC Form 175 short-form applications and exhibits. Application Processing and License Grant After its initial review of the FCC Forms 601, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) of the Commission's rules, interested parties will have ten business days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than August 10, 2007, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than August 17, 2007, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than August 24, 2007, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- June 13, 2001. PCS Partners submitted winning bids on 32 licenses, with total gross bids of $813,600 and total net bids of $522,840. Telesaurus was the winning bidder on 79 licenses. The FCC Form 601 (``long-form application'') of PCS Partners was accepted on August 8, 2001, on which date the period for filing petitions to deny, provided for under Section 1.2108 of the Commission's rules, began. Telesaurus subsequently filed a petition to deny the long-form application of PCS Partners. The Telesaurus Petition to Deny asserted that PCS Partners was a speculative investor and had applied for MLMS licenses only for mobile radio services and not for the radiolocation service that is required of MLMS. The Telesaurus Petition to Deny claimed that
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- application). Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing an FCC Form 301. With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and Construction Permit Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing that the FCC Form 301 has been accepted for filing. The Media Bureau will use public notices generated by their Consolidated Data Base System (CDBS) to start the ten-day period for filing petitions to deny of these applications.
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- 118 (rel. April 25, 2008) (``Auction 77 Procedures Public Notice''). Id. at 120. 47 C.F.R. 1.2104(g), 1.2109(g)(2). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109(a), 1.2109(c). 47 C.F.R. 1.2109(a). 47 C.F.R. 1.2104(g)(2), 1.2109. 47 C.F.R. 1.2109(b)-(c). 47 C.F.R. 1.2109(d). 47 C.F.R. 1.919, 1.2107(f). 47 C.F.R. 1.65. See 47 C.F.R. 1.2108(d), 1.2109(a). See Commission Taking Tough Measures Against Frivolous Pleadings, Public Notice, 11 FCC Rcd 3030 (1996). 47 C.F.R. 1.2105(a)(2)(viii), 1.2105(c)(1). See also Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Seventh Report and Order, 16 FCC Rcd 17546 (2001); Order on Reconsideration of the Third Report and Order, Fifth Report and
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- their long-form applications, when there is greater opportunity for investigation. We find that AST's allegations do not warrant a departure from that practice. As the bidding in Auction 78 has not yet started, we are unable, at this time, to specify the long-form application due date. Please note, however, that at the close of Auction 78, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the timeframe and procedures for filing petitions to deny. Accordingly, we believe that the Motion is not ripe and it is therefore denied. Sincerely, Gary D. Michaels Deputy Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: David L. Sieradzki, Esq. Motion to Dismiss and Petition to Deny,
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- Form 601. With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and License Grant After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition within
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 20, 2008, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 27, 2008, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 3, 2008, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than October 20, 2008, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 27, 2008, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than November 3, 2008, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and Construction Permit Grant After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) and 73.5006, of the Commission's rules, interested parties will have fifteen days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within fifteen days after the filing deadline for petitions to deny. The petitioner may file a reply to such opposition within ten
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- Form 601. With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and License Grant After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition within
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than May 2, 2008, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than May 9, 2008, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than May 16, 2008, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and Construction Permit Grant After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) and 73.5006, of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. The public notice entitled ``Broadcast Applications'' will list such applications as ``Accepted for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2063A1_Rcd.pdf
- the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. I. Application Processing and Construction Permit Grant 35.After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to Section 1.2108(b) and 73.5006,43 of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications.44The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. The public notice entitled "Broadcast Applications" will list such applications as "Accepted for Filing."
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1.txt
- Form 601. With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and License Grant After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition within
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2378A1_Rcd.pdf
- 601.30With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. J. Application Processing and License Grant 35. After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of the Commission's rules, interested parties will have tendays from release of that public notice to file petitions to deny any of these applications.31An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired.32The petitioner may file a reply to such opposition within fivebusiness days after
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- addition, because this Order renders moot all of the arguments raised in AMTS Consortium's Petition for Reconsideration of the Havens Letter Ruling, we dismiss the Petition for Reconsideration as moot. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d), and Sections 1.939 and 1.2108 of the Commission's Rules, 47 C.F.R. 1.939, 1.2108, the Petition to Deny application File No. 0003098334 filed by Warren C. Havens, AMTS Consortium LLC, and Telesaurus-VPC LLC on August 10, 2007, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sections 1.3 and 1.925
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-896A1_Rcd.pdf
- filed by Warren C. Havens,AMTS Consortium LLC, and Telesaurus- VPC LLC (filed Aug. 24, 2007) (Reply). 16Response to Reply to Opposition to Petition to Deny, filed by Cornerstone SMR, Inc. (filed Aug. 31, 2007) (Response). Cornerstone requests that the Bureau consider its Response although the filing of such a response is contemplated neither in the rules, see 47 C.F.R. 1.2108, nor in Bureau's public notice setting forth the procedures for filing petitions to deny. See Responseat 1. In the interest of a complete record, and because the Response was served on all parties this proceeding, we grant Cornerstone's request for leave to file the Response. 17Notice and Preliminary Opposition to Response (filed Aug. 31, 2007). The Petitioners assert that Cornerstone's
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1360A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1360A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1360A1.txt
- With the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing and Construction Permit Grant After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications, except for a long-form application filed for an FM translator station, where interested parties will have fifteen days from release of that public notice to file a petition to deny. The Media Bureau
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1360A1_Rcd.pdf
- the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. I. Application Processing and Construction Permit Grant 31.After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules,47interested parties will have ten days from release of that public notice to file petitions to deny any of these applications, except for a long-form application filed for an FM translator station, where interested parties will have fifteen days from release of that public notice to file a petition to deny.48The Media Bureau will use
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A1.txt
- the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing, Petitions to Deny, and License Grant After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired. The petitioner may file a reply to such opposition within
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A1_Rcd.pdf
- 1.65. 18170 Public Notice, applicants are no longer requiredto maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. J. Application Processing, Petitions to Deny, and License Grant 32. After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of the Commission's rules, interested parties will have tendays from release of that public notice to file petitions to deny any of these applications.32An applicant may file an opposition to any petition to deny within five business days after the time for filing petitions to deny has expired.33The petitioner may file a reply to such opposition within fivebusiness days after
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1763A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1763A1.txt
- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 27, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 4, 2010, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 12, 2010, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1763A1_Rcd.pdf
- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 27, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 4, 2010, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 12, 2010, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 8, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than March 15, 2010, five (5) days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 22, 2010, five (5) days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All pleadings filed
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-348A1_Rcd.pdf
- return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than March 8, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must befiled no later than March 15, 2010, five (5) days after the filing date for petitions to deny. See47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 22, 2010, five (5) days after the filing date for oppositions. See47 C.F.R. 1.2108(c). All pleadings filed regarding the BRS
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than April 19, 2010, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than April 26, 2010, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than May 3, 2010, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-617A1_Rcd.pdf
- Commission may return or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See47 C.F.R. 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later thanApril 19, 2010, ten (10) days after the date of this Public Notice. See47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later thanApril 26, 2010, five (5) business days after the filing date for petitions to deny. See47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later thanMay 3, 2010,five (5) business days after the filing date for oppositions. See47 C.F.R. 1.2108(c). All pleadings filed regarding Lower 700
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- the subsequent Auction 78 Petition, Blue Sky also filed motions requesting that it be granted leave to supplement the Auction 71 Petition with these later filings. We find the Blue Sky Motions to Supplement are untimely, because they were submitted after the filing deadline for petitions to deny long-form applications for licenses offered in Auction 71, as established by section 1.2108 of the Commission's rules. We further find that the Blue Sky Motions to Supplement merely seek to introduce into the record material that is repetitious of the filings previously made by Blue Sky in respect to Auction 71. We therefore deny the Blue Sky Motions to Supplement. Auction 78 In the Auction 78 Petition and the Auction 78 Reply, Blue
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-106A1_Rcd.pdf
- and the subsequent Auction 78 Petition, Blue Sky also filed motions requesting that it be granted leave to supplement the Auction 71 Petition with these later filings.155We find the Blue Sky Motions to Supplement are untimely, because they were submitted after the filing deadline for petitions to deny long-form applications for licenses offered in Auction 71, as established by section 1.2108 of the Commission's rules.156We further find that the Blue Sky Motions to Supplement merely seek to introduce into the record material that is repetitious of the filings previously made by Blue Sky in respect to Auction 71. Wetherefore deny the Blue Sky Motions to Supplement. B. Auction 78 71. In the Auction 78 Petition and the Auction 78 Reply, Blue
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1.txt
- the release of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing, Petitions to Deny, and License Grant After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. An applicant may file an opposition to any petition to deny within five business days after the filing deadline for petitions to deny its long-form application. Replies must be filed within five business days after
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A1_Rcd.pdf
- of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. J. Application Processing, Petitions to Deny, and License Grant 29. After its initial review of the long-form applications, the Commission will issue a public notice listing the applications that are acceptable for filing. Pursuant to section 1.2108(b) of the Commission's rules, interested parties will have tendays from release of that public notice to file petitions to deny any of these applications.30An applicant may file an opposition to any petition to deny within five business days after the filing deadlinefor petitions to deny its long-form application.31 Replies must be filed within fivebusiness days after the filing deadline for
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 12, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than September 19, 2011, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than September 26, 2011, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1496A1_Rcd.pdf
- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the applications listed in Attachment A must be filed no later than September 12, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than September 19, 2011, five (5) business days after the filing date for petitions to deny.See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than September 26, 2011, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All pleadings
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- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than October 14, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 25, 2011, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 28, 2011, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1665A1_Rcd.pdf
- or dismiss any application if it is found, upon further examination, to be defective or not in conformance with the Commission's rules. See 47 C.F.R. 1.934(a), (d). Petitions to deny the application listed in Attachment A must be filed no later than October 14, 2011, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than October 25, 2011, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than October 28, 2011, five (5) business days after the filing date for oppositions.See 47 C.F.R. 1.2108(c). All pleadings
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- Rcd 4983 (MB 2010) (``NPRM''). Id. at 4984 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. 309(j)(3)(A), (D). See 47 C.F.R. 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for Waiver
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-209A1_Rcd.pdf
- 25 FCC Rcd 4983 (MB 2010) ("NPRM"). 13Id. at 4984 4. 14SeeComments of Connoisseur Media, LLC, filed July 6, 2010. 15Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated),25 FCC Rcd 16253 (Audio Division, MB 2010). 1647 U.S.C. 309(j)(3)(A), (D). 17See 47 C.F.R. 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). 18See, e.g.,Morris Communications, Inc., Memorandum Opinion and Order,23 FCC Rcd 3179, 3194-95 at 34- 35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); seePCS Partners, L.P., Petition for Waiver and Request
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1.txt
- of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing, Petitions to Deny and Construction Permit Grant After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny any of these applications. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. The public notice entitled ``Broadcast Applications'' will list such applications as ``Accepted for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-312A1_Rcd.pdf
- Item 2: Parties to the Application. 3947 C.F.R. 1.1910. 40Id.; see also47 C.F.R. 1.2109(c) (post-auction defaults). 41See47 C.F.R. 1.65. 1922 I. Application Processing, Petitions to Deny and Construction Permit Grant 30.After its initial review of the long-form applications, the Media Bureau will issue a public notice listing the applications that are acceptable for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules,42interested parties will have ten days from release of that public notice to file petitions to deny any of these applications.43The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. The public notice entitled "Broadcast Applications" will list such applications as "Accepted for Filing." An
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- of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing, Petitions to Deny and Construction Permit Grant After its initial review of the long-form applications, the Media Bureau will issue public notices listing the applications as they are accepted for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny the application. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. A public notice entitled ``Broadcast Applications'' will list such applications as ``Accepted for Filing.'' An
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- this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits.42 J. Application Processing, Petitions to Deny and Construction Permit Grant 33.After its initial review of the long-form applications, the Media Bureau will issue public notices listing the applications as they are accepted for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules,43interested parties will have ten days from release of that public notice to file petitions to deny the application.44The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. A public notice entitled "Broadcast Applications" will list such applications as "Accepted for Filing." An applicant may
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- of this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits. Application Processing, Petitions to Deny and Construction Permit Grant After its initial review of the long-form applications, the Media Bureau will issue public notices listing the applications as they are accepted for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules, interested parties will have ten days from release of that public notice to file petitions to deny the application. The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. A public notice entitled ``Broadcast Applications'' will list such applications as ``Accepted for Filing.'' An
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- this Public Notice, applicants are no longer required to maintain the accuracy and completeness of information furnished on their short-form applications and exhibits.39 J. Application Processing, Petitions to Deny and Construction Permit Grant 29.After its initial review of the long-form applications, the Media Bureau will issue public notices listing the applications as they are accepted for filing. Pursuant to sections 1.2108(b) and 73.5006 of the Commission's rules,40interested parties will have ten days from release of that public notice to file petitions to deny the application.41The Media Bureau will use public notices generated by CDBS to start the ten-day period for filing petitions to deny. A public notice entitled "Broadcast Applications" will list such applications as "Accepted for Filing." An applicant may
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- Monitoring Wireless LLC, Skybridge Spectrum Foundation, V2G LLC, Telesaurus Holdings GB LLC, Verde Systems LLC, Environmentel LLC, and Warren Havens on September 27, 2010, and amended on October 19, 2010, IS DISMISSED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d), and sections 1.939 and 1.2108 of the Commission's Rules, 47 C.F.R. 1.939, 1.2108, the Petitions to Deny Auction 87 Application File Nos. 0004355886 (Silke Communications, Inc.) and 0004359102 (Two Way Communications) filed by Intelligent Transportation & Monitoring Wireless LLC, Skybridge Spectrum Foundation, V2G LLC, Telesaurus Holdings GB LLC, Verde Systems LLC, Environmentel LLC, and Warren Havens on September 27, 2010, and amended on October
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- 10, 2010; the Status Public Noticeon April 13, 2010; the Qualified Bidder Public Noticeon May 27, 2010; and the Closing Public Noticeon August 12, 2010. The Havens Parties submitted their Petition for Reconsideration on September 27, 2010. 48SeeAccepted for Filing Public Notice, 25 FCC Rcd at 13229 (setting forth instructions and deadlines for petitions to deny); see also47 C.F.R. 1.2108(b) (petitions to deny may be filed within period established by public notice). 49See Letter from Peter H. Doyle, Chief, Audio Division, Media Bureau, to Dave Garey, Jet Fuel Broadcasting, and Harry C. Martin, Fletcher, Heald & Hildreth, PLC, Letter, 24 FCC Rcd 13668, 13670 (MB 2009) (noting that if, and when, applicant's long form application has been placed on public
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- Budget Act of 1997184 and Consolidated Appropriations Act185 permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, 6 the Commission exercised this statutory authority by amending Section 1.2108(b)and Section 1.2108(c) of the Commission's Rules187 to provide fora five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. 80. Discussion. We have determined to adopt for this spectrum the seven-day
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- (202) 418-7240. PN 02/14/01; DA 01-393 800 MHZ Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for filing. Petitions to deny the applications must be filed no later than February 26, 2001. See 47 C.F.R. 1.2108(b). Oppositions to the petition must be filed no later than March 5, 2001. See 47 C.F.R. C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 12, 2001. Contact: Gary Oshinsky at (202) 418-7240. PN 02/14/01; DA 01-394 Wireless Telecommunications Bureau Grants 800 MHZ Specialized Mobile Radio (SMR) Service General Category (851-854 MHZ) and Upper Band (861-865
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- (202) 418-7240. PN 02/14/01; DA 01-393 800 MHZ Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for filing. Petitions to deny the applications must be filed no later than February 26, 2001. See 47 C.F.R. 1.2108(b). Oppositions to the petition must be filed no later than March 5, 2001. See 47 C.F.R. C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 12, 2001. Contact: Gary Oshinsky at (202) 418-7240. PN 02/14/01; DA 01-394 Wireless Telecommunications Bureau Grants 800 MHZ Specialized Mobile Radio (SMR) Service General Category (851-854 MHZ) and Upper Band (861-865
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- (202) 418-7240. PN 02/14/01; DA 01-393 800 MHZ Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for filing. Petitions to deny the applications must be filed no later than February 26, 2001. See 47 C.F.R. 1.2108(b). Oppositions to the petition must be filed no later than March 5, 2001. See 47 C.F.R. C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 12, 2001. Contact: Gary Oshinsky at (202) 418-7240. PN 02/14/01; DA 01-394 Wireless Telecommunications Bureau Grants 800 MHZ Specialized Mobile Radio (SMR) Service General Category (851-854 MHZ) and Upper Band (861-865
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- (202) 418-7240. PN 02/14/01; DA 01-393 800 MHz Specialized Mobile Radio (SMR) Service Frequencies in the Lower 8O Channels. Pleading Cycle Established. The long-form applications for 800 MHz SMR Service Frequencies in the Lower 80 Channels licenses have been accepted for filing. Petitions to deny the applications must be filed no later than February 26, 2001. See 47 C.F.R. 1.2108(b). Oppositions to the petition must be filed no later than March 5, 2001. See 47 C.F.R. C.F.R. 1.2108(c). Replies to oppositions must be filed no later than March 12, 2001. Contact: Gary Oshinsky at (202) 418-7240. PN 02/23/01; DA 01-477 Auction of Licenses for the VHF Public Coast and Location and Monitoring Services Spectrum Scheduled for JUNE 6, 2001.
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- Generally, we believe it is more prudent to address such allegations after the winning bidders have submitted their long-form applications when there is greater opportunity for investigation. As Auction No. 37 is ongoing, we are unable, at this time, to specify the long-form due date. Please note however, that at the close of Auction No. 37, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the timeframe and procedures for filing petitions to deny. Accordingly, we believe that your request is not ripe and is denied. Sincerely, Gary D. Michaels Deputy Chief, Auctions and Spectrum Access Division Wireless Telecommunications Bureau cc: Geoffrey Bentley Letter from Melodie A. Virtue, Counsel for Horizon Broadcasting Group, LLC,
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- 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 @& 0 0 0 0 0 0 R
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- for development and testing of new software. Consistent with the Balanced Budget Act and current practice, the Bureau will seek comment on matters such as auction design in a public notice prior to the auction. Teligent also recommends that the Commission implement the shortest period allowable for the filing of petitions to deny against long-form applications following the auction. Section 1.2108(b) provides that the Commission shall not grant a license less than seven days after public notice that long-form applications have been accepted for filing and that, in all cases, the period for filing petitions to deny such applications shall be no shorter than five days. We will adopt a ten-day period for filing petitions to deny against long-form applications. Although
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- subsequent auction losses would result in a net gain, the defaulting bidder would be required to pay only the 3 percent penalty, an amount that could be lower than the withdrawal payments determined on a license-by-license basis. D. Administrative Filing Periods for Applications and Petitions to Deny 74. Background. In the Part 1 Third Report and Order, we amended Section 1.2108 of our rules to conform to the provisions in the Balanced Budget Act of 1997 regarding the filing period for petitions to deny the long-form applications of winning bidders. The Balanced Budget Act of 1997 gives the Commission authority to shorten the period in which license applications are granted, notwithstanding Section 309(b) of the Communications Act which generally prohibits the
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- 309(b), 309(c). See also Section 309(d) regarding petitions to deny; 47 U.S.C. 309(d). 18847 U.S.C. 309(b)(2)(F). 18947 U.S.C. 309(j) nt. 3. 190 See Consolidated Appropriations, Appendix E, 213. See also 145 Cong. Rec. H12493-94 (Nov. 17, 1999). Federal Communications Commission FCC 00-90 38 Report and Order,191 the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules192 to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. 87. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. In the 700 MHz First Report and Order, we
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- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. In the 700 MHz First Report and Order, we adopted
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- winning bidders are required to file long-form license applications. As is required by statute and the Commission's rules, the Commission then releases a public notice announcing that long-form applications have been accepted for filing. The release of such public notice begins a time period in which interested parties may file petitions to deny against the listed long-form applications. Under Section 1.2108(b) of the Commission's rules, the period for filing petitions to deny against long-form applications is no more than ten days, and that period may be reduced to five days in exigent circumstances at the discretion of the licensing bureau. In the Notice, the Commission proposed to limit the time period for petitions to deny to five days. Consistent with this
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- of the BBA 97 and Consolidated Appropriations Act, 2000, permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. In the Upper 700 MHz First Report and Order, we adopted the seven-day notice requirement for initial applications and the five-day deadline for petitions to deny. We also determined that an applicant
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- down, and final payments in broadcast and ITFS auctions shall be paid in accordance with procedures set forth in 47 C.F.R. 1.2106, 1.2107(b), and 1.2109(a)); 47 C.F.R. 73.5004 (broadcast and ITFS auction bid withdrawal procedures to follow 47 C.F.R. 1.2109(b)-(d)); 47 C.F.R. 73.5006 (petitions to deny may be filed ``as set forth in 47 C.F.R. 1.2108''). See also Third Report and Order, 13 FCC Rcd at 431, and 47 C.F.R. 73. 5006(d) (winning bidders not required to submit balance of winning bids until petitions to deny filed against them are dismissed or denied). Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Rule
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- lack of standing. In any event, we have been presented with no basis for sustaining a challenge to Alaska Native Wireless' qualifications to hold its C and F block PCS licenses. Ordering Clause Accordingly, IT IS ORDERED that, pursuant to Section 4(i) and 309(d)(1) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), and sections 1.115, 1.2108 and 24.830 of the Commission's Rules, 47 C.F.R. 1.115, 1.2108, 24.830, the Applications for Review filed by TPS Utilicom, Inc. on April 3, 2002 and April 10, 2002 are hereby DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Applications of Alaska Native Wireless, L.L.C. File Nos. 0000364320 and 0000363827, Order, 17 FCC Rcd. 4231 (2002) (``March 4, 2002
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- 21 of our rules rely on several lengthy certification requirements that include the service of the certification, a demonstration of various eligibility requirements, and compliance with other Commission procedural rules, among other aspects, that result in the carrier obtaining a requested license without Commission review of the filing. 47 C.F.R. 21.909, 913. See also the auction rules at section 1.2108, among other rules. 47 C.F.R 20.18(j)(4). APCO and NENA Opposition at 8. Richardson Reconsideration Order, 17 FCC Rcd at 24286, para. 15 n. 17. AWS Comments at 5-6; Cingular Petition at 17-18; Nextel Petition at 12; Nextel Reply at 6; T-Mobile Reply Comments at 3. APCO and NENA Opposition at 9. Nextel Petition at 3 n. 9 (citing ``A Report
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- 73.5005(a), required to be submitted with the long-form applications filed by winning bidders. When electronic procedures become available, the Commission may require any non-mutually exclusive applicants to file their long-form applications electronically. Section 73.5006 is amended by revising paragraph (a) as follows: 73.5006 Filing of petitions to deny against long-form applications. (a) As set forth in 47 CFR 1.2108, petitions to deny may be filed against the long-form applications filed by winning bidders in broadcast service or ITFS auctions and against the long-form applications filed by applicants whose short-form applications were not mutually exclusive with any other applicant, or whose short-form applications were mutually exclusive only with one or more short-form applications for a noncommercial educational broadcast station, as
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- (concerning disclosure of ownership and real party in interest information, and, if applicable, disclosure of gross revenue information for small business applicants). * * * * * Section 73.5006 is amended by revising paragraphs (a), (b), (c) and (d) to read as follows: 73.5006 Filing of petitions to deny against long-form applications. a) As set forth in 47 CFR 1.2108, petitions to deny may be filed against the long-form applications filed by winning bidders in broadcast service auctions and against the long-form applications filed by applicants whose short-form applications were not mutually exclusive with any other applicant, or whose short-form applications were mutually exclusive only with one or more short-form applications for a noncommercial educational broadcast station, as described in
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- detail). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376 163 (1994) (Competitive Bidding Second Report and Order). See 47 C.F.R. 73.5005; see also 47 C.F.R. 1.2107. Broadcast First Reconsideration Order, 14 FCC Rcd at 8750 52. 47 C.F.R. 1.2108. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 162 - 63 ("Submission of a short-form application prior to the auction, we noted, would reduce the administrative burdens of the initial stages of the auction process, avoid unnecessary delay in the initiation of service, and encourage applicants to participate in the process."). Telesaurus Order, 17 FCC
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- of bidding on licenses for the relevant spectrum will not preclude the Commission from offering the same or other licenses for the spectrum in a later auction. 47 U.S.C. 309(j)(8)(E)(ii). See, e.g., Auction of Advanced Wireless Services Licenses Closes, DA 06-1882, Public Notice, 21 FCC Rcd 10521 (2006) (35 licenses remained FCC-held following auction). See 47 C.F.R. 1.2107, 1.2108. See 47 C.F.R. 1.2110(g). 47 U.S.C. 309(j)(8)(E)(ii). See 47 C.F.R. 1.2106(d) (upfront payments to be applied to down payments). See 47 C.F.R. 1.2109 (enabling the Commission to set payment deadline prior to final license determinations). 700 MHz Further Notice, 22 FCC Rcd at 8154 250. . Nevertheless, the Canadian Border Issue will persist for more
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- of bidding on licenses for the relevant spectrum will not preclude the Commission from offering the same or other licenses for the spectrum in a later auction. 47 U.S.C. 309(j)(8)(E)(ii). See, e.g., Auction of Advanced Wireless Services Licenses Closes, DA 06-1882, Public Notice, 21 FCC Rcd 10521 (2006) (35 licenses remained FCC-held following auction). See 47 C.F.R. 1.2107, 1.2108. See 47 C.F.R. 1.2110(g). 47 U.S.C. 309(j)(8)(E)(ii). See 47 C.F.R. 1.2106(d) (upfront payments to be applied to down payments). See 47 C.F.R. 1.2109 (enabling the Commission to set payment deadline prior to final license determinations). 700 MHz Further Notice, 22 FCC Rcd at 8154 250. . Nevertheless, the Canadian Border Issue will persist for more
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- Section 1.2104(g)(2)(ii), whether or not combinatorial bidding is available in the auction, the percentage for the additional payment portion of any applicable default payment pursuant to Section 1.2104(g)(2) will equal between 3 and 20 percent of the applicable bid, according to a percentage (or percentages) established by the Commission in advance of the auction. (iv) Notwithstanding any provision of Section 1.2108, the Commission may defer the resolution of any petition to deny an application for any licenses in the 758-763 MHz and 788-793 MHz bands until the applicant, the Public Safety Broadband Licensee, and any other party the Commission may require or allow execute a Commission-approved NSA and such other agreements as the Commission may require or allow. (v) Notwithstanding any
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- pending. Id. Petition at 6 (quoting 700 MHz Second Report and Order, 22 FCC Rcd at 15370 222). Id. Id. Id. Id. at 3-4. Id. at 7. Id. PISC Comments at 2-4. Opposition at 2. Id. at 3. Id. Id. at 4. Google denies this allegation. See Reply at 4 n.15. Opposition at 5-6; see also 47 C.F.R. 1.2108. Google disputes Verizon Wireless's contention that the Commission lacks the authority to condition the grant of its licenses. See Reply at 6. Opposition at 6-9. See P&R Temmer v. FCC, 743 F.2d 918, 928 (D.C. Cir. 1984) (``An FCC licensee takes its license subject to the conditions imposed on its use. These conditions may be contained in both the Commission's
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- Division had failed to fully address their issues. Also on May 10, 2006, Auction 65 bidding began, with both Havens Parties participating. The auction closed on June 2, 2006, with two winning bidders, AC BidCo LLC (``BidCo'') and LiveTV, LLC (``LiveTV''). On August 7, 2006, the Havens Parties filed a ``Petition for Clarification, and Action Deemed Appropriate, Under Sections 1.939, 1.2108, and 1.41'' (``Auction 65 Applications Petition'') in which they reiterated their request for clarification of the rules as applied to Auction 65, ``including with regard to the long forms of the parties who won Auction 65 licenses[,]'' i.e., BidCo and LiveTV. The Havens Parties attached and incorporated by reference their prior petitions and supplement in this proceeding. BidCo and LiveTV
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- of the BBA 97 and Consolidated Appropriations Act, 2000, permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. In the Upper 700 MHz First Report and Order, we adopted the seven-day notice requirement for initial applications and the five-day deadline for petitions to deny. We also determined that an applicant
- http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
- Who may file. Any party in interest may file with the Commission a petition to deny any application listed in a Public Notice as accepted for filing, whether as filed originally or upon major amendment as defined in section 1.929. .......................(1) For auctionable license applications, petitions to deny, and related pleadings are governed by the procedures set forth in section 1.2108. .......................(2) Petitions to deny for non-auctionable applications that are subject to petitions under section 309(d) of the Communications Act must comply with the provisions of this section and must be filed no later than 30 days after the date of the Public Notice listing the application or major amendment to the application as accepted for filing. (b) Filing of petitions.
- http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
- Rules Competitive Bidding Proceeding, WT Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374, 431 (para. 98) (1997) (Part 1 Third Report and Order) (Part 1 Second Further Notice). 76 47 C.F.R. 1.2108(b), 1.2108(c). 77 Part 1 Second Further Notice, 13 FCC Rcd at 431 (para. 98). PAGE 20 broadcast renewal applicant involved in a comparative renewal proceeding71 should include at a minimum the showing that the Commission adopted in Section 27.14(c) of the Commission's Rules to claim a renewal expectancy, and similarly, what showing a broadcast renewal applicant should include to claim
- http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. Discussion. We have determined to adopt for this spectrum the
- http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. In the 700 MHz First Report and Order, we adopted
- http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
- others may utilize this streamlined filing procedure only for those licenses that have identical filing information. For those licenses with unique information, a separate application must be submitted. Application processing and grant. Within thirty (30) days after the Commission gives public notice that the FCC Form 601s are acceptable for filing, petitions to deny may be filed. 47 C.F.R. 1.2108(b). An applicant may file an opposition to any petitions to deny within ten days after the original pleading is filed. See 47 C.F.R. 1.4, 1.45(a), 1.2108(c). A reply to the opposition may be filed within five days after the time for filing opposition has expired. 47 C.F.R. 1.4, 1.45(b). After the FCC reviews an applicant's FCC Form 601
- http://transition.fcc.gov/Reports/nextel_settlement_agreement.pdf http://transition.fcc.gov/Reports/nextel_settlement_agreement.txt
- pursuant to this section or to the Agreement, shall be subject to administrative or judicial review, except that (A) administrative and judicial review of a Commission decision disposing of any petition to deny applications of an Auction 35 Winning Bidder, which petition was timely filed on or before March 9, 2001 in accordance with the requirements of 47 C.F.R. section 1.2108(b) and "C and F Block Broadband PCS Auction: Applications Accepted For Filing," Public Notice, DA 01-520 (released Feb. 27, 2001), is not precluded; (B) administrative and judicial review of a Commission decision determining that an Auction 35 Winning Bidder is not qualified to hold a license, initiated by that Auction 35 Winning Bidder, is not precluded; (C) any party to
- http://transition.fcc.gov/eb/Orders/2001/da01682.doc http://transition.fcc.gov/eb/Orders/2001/da01682.html
- 15, 2001, from Mark J. Tauber, Piper Marbury Rudnick & Wolfe, counsel for PCS Partners, to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In re Application of PCS Partners, L.P., Order, DA 01-518 (WTB, released Feb. 27, 2001). See Waiver Request. See Waiver Request. See 47 C.F.R. 1.2108(b). Public Notice, C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000, DA 00-2259 (WTB, released October 5, 2000). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent to violate the rule. Southern California Broadcasting Company, 6 FCC
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- 6 47 C.F.R. 1.2107(c). 7 Id. 8 47 C.F.R. 1.2107(f). 9 Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). 10 See 47 C.F.R. 1.2108(b). 11 See ``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, 16 FCC Rcd 7657 (2001). 12 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://transition.fcc.gov/eb/Orders/2002/DA-02-3592A1.html
- Jan. 10, 2001) at 4 (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 1-3. 6 47 C.F.R. 1.2107(c). 7 Id. 8 See 47 C.F.R. 1.2108(b). 9 See ``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, 16 FCC Rcd 7657 (2001). 10 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://transition.fcc.gov/eb/Orders/2002/DA-02-3593A1.html
- 0000730994 (dated Jan. 11, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 1. 6 47 C.F.R. 1.2107(c). 7 Id. 8 See 47 C.F.R. 1.2108(b). 9 See ``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, 16 FCC Rcd 7657 (2001). 10 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://transition.fcc.gov/eb/Orders/2002/DA-02-3594A1.html
- 0000729897 (dated Jan. 10, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 5. 6 47 C.F.R. 1.2107(c). 7 Id. 8 See 47 C.F.R. 1.2108(b). 9 See ``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, 16 FCC Rcd 7657 (2001). 10 See Closing PN, 16 FCC Rcd at 21857. 11 The Commission has held that an act or omission is ``willful'' if it is a conscious and
- http://transition.fcc.gov/eb/Orders/2002/DA-02-3595A1.html
- (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 2. 6 Waiver Request at 2. 7 47 C.F.R. 1.2107(c). 8 Id. 9 See 47 C.F.R. 1.2108(b). 10 See ``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, 16 FCC Rcd 7657 (2001). 11 See Closing PN, 16 FCC Rcd at 21857. 12 The Commission has held that an act or omission is ``willful'' if it is a conscious and
- http://transition.fcc.gov/eb/Orders/2002/DA-02-3596A1.html
- 6 47 C.F.R. 1.2107(c). 7 Id. 8 47 C.F.R. 1.2107(f). 9 Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). 10 See 47 C.F.R. 1.2108(b). 11 See ``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, 16 FCC Rcd 7657 (2001). 12 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://transition.fcc.gov/eb/Orders/2002/DA-02-3597A1.html
- 7 47 C.F.R. 1.2107(c). 8 Id. 9 47 C.F.R. 1.2107(f). 10 Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). 11 See 47 C.F.R. 1.2108(b). 12 See ``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, 16 FCC Rcd 7657 (2001). 13 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://transition.fcc.gov/fcc-bin/audio/DA-11-209A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-209A1.pdf
- Rcd 4983 (MB 2010) (``NPRM''). Id. at 4984 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. 309(j)(3)(A), (D). See 47 C.F.R. 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for Waiver
- http://wireless.fcc.gov/auctions/00c/releases/fc000063.doc http://wireless.fcc.gov/auctions/00c/releases/fc000063.pdf
- spectrum auctions adopted by Section 3008 of the BBA-97 permit the Commission to shorten notice periods in the auction context to a five-day petition to deny period and a seven-day public notice period, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order the Commission exercised this statutory authority, and amended Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We tentatively conclude below that services in the 4.9 GHz band will be auctionable services, so that the seven-day public notice period is applicable. We therefore seek comment on our tentative conclusion
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- of five pages or less are exempt from the requirement to submit on microfiche, as are emergency filings such as letters requesting special temporary authority. Those filing any amendments, correspondence, pleadings and forms must simultaneously submit the original hard copy which must be stamped 126 "original". In addition to the original hard copy, those filing pleadings, including pleadings under 1.2108 of the Rules, shall also submit two paper copies as provided in 1.51 of the Rules. (1) Microfiche copies. Each microfiche copy must be a copy of the signed original. Each microfiche copy shall be a 148mm X 105mm negative (clear transparent characters appearing on an opaque background) at 24X to 27X reduction for microfiche or microfiche jackets. One
- http://wireless.fcc.gov/auctions/05/releases/cw960005.pdf http://wireless.fcc.gov/auctions/05/releases/cw960005.txt http://wireless.fcc.gov/auctions/05/releases/cw960005.wp
- to be defective or not in conformance with the Commission's rules. In addition, applications pending with petitions for waiver or requests for confidentiality are accepted conditioned on resolution of such requests. Petitions to deny any of the applications listed herein must be filed no later than 30 days from the date of this Public Notice. See 47 C.F.R. 24.830, 1.2108(b). Oppositions to petitions to deny may be filed no later than 10 days after the original petition to deny is filed. See 47 C.F.R. 1.45(a), 1.2108(c). Replies to the oppositions may be filed no later than 5 days after the time for filing oppositions has expired. See 47 C.F.R. 1.45, 1.2108. No application listed herein will be granted
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- section 24.823(g)(3) of the Commission's rules, 47 C.F.R. 24.823(g)(3), and an alternative request for waiver of section 24.823(g). The amendments are accepted conditioned on resolution of such showing and waiver request. Petitions to deny the amended applications listed herein must be filed no later than 30 days from the date of this Public Notice. See 47 C.F.R. 24.830, 1.2108. Petitions to deny may only raise matters directly related to the amendments which could not have been raised in connection with the underlying previously filed applications. 47 C.F.R. 24.830(b). Oppositions to petitions to deny may be filed no later than 10 days after the original petition to deny is filed. See 47 C.F.R. 1.45(a), 1.2108(c). Replies to the
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- to be defective or not in conformance with the Commission's rules. In addition, applications pending with petitions for waiver or requests for confidentiality are accepted conditioned on resolution of such requests. Petitions to deny any of the applications listed herein must be filed no later than 30 days from the date of this Public Notice. See 47 C.F.R. 24.830, 1.2108(b). Oppositions to petitions to deny may be filed no later than 10 days after the original petition to deny is filed. See 47 C.F.R. 1.45(a), 1.2108(c). Replies to the oppositions may be filed no later than 5 days after the time for filing oppositions has expired. See 47 C.F.R. 1.45, 1.2108. No application listed herein will be granted
- http://wireless.fcc.gov/auctions/05/releases/fc970342.pdf http://wireless.fcc.gov/auctions/05/releases/fc970342.txt http://wireless.fcc.gov/auctions/05/releases/fc970342.wp
- benefit all bidders because they will be able to bid for a number of licenses in a single reauction, instead of a series of piecemeal auctions after defaults and revocations, in which opportunities for aggregation might be less favorable. 1. Licenses to be reauctioned Federal Communications Commission FCC 97-342 See 47 U.S.C. 309(j)(5). 163 See 47 C.F.R. 24.832(e), 1.2108(d)(3). 164 39 83. We propose that the reauction include the following licenses: (1) all licenses representing the disaggregated spectrum surrendered to the Commission under the disaggregation option; (2) all licenses surrendered to the Commission on or before January 15, 1998, by incumbent licensees who choose to take advantage of the Commission's prepayment or amnesty options; and (3) all PCS C
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- Rcd at 16,448 para. 22. 34 Id. at 16,457 para. 42 and 16,470 para. 69. 35 Id.; see 47 C.F.R. 24.709. 36 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84; see also 47 U.S.C. 309(j)(5). 37 C Block Further Notice at 12 FCC Rcd at 16,474 para. 84; see also 47 C.F.R. 24.832(e), 1.2108(d)(3). 38 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84. 39 Id. 40 7 IV. ELIGIBILITY FOR PARTICIPATION A. Background 10. In the C Block Second Report and Order, the Commission decided that the public interest considerations mandated by Section 309(j) of the Communications Act would be furthered by applying to a 31 C block reauction the same
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- of intention. (a) Within thirty (30) days after the Commission gives public notice that a long-form application for an MDS station license submitted by a winning bidder within its BTA service area has been accepted for filing, petitions to deny that application may be filed. Any such petitions and oppositions thereto must comply with the requirements of 47 C.F.R. 1.2108 and 21.30. (b) Parties wishing to comment on or oppose the issuance of a BTA authorization issued in connection with the filing of a statement of intention by a winning bidder must do so prior to the Commission's issuance of the BTA authorization. 21.958 Full payment and issuance of BTA authorizations. Each winning bidder, except for small businesses eligible
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- qualified, the BTA authorization will be issued and the initial conditional MDS station license within the BTA service area of the auction winner will be granted, assuming that the auction winner (except for a small business making installment payments) has made full payment as set forth in 143. See Second Report and Order at 2383; 47 C.F.R. 1.2107(c), 1.2108. Subsequent long-form applications for MDS station licenses within BTA service areas, which auction winners may submit at any time during the five year build-out period, will be reviewed by the Commission and granted in a similar manner, except, of course, that the winning bidders will need to make no further payments. 152. However, we realize that a number of BTA
- http://wireless.fcc.gov/auctions/07/releases/da960709.pdf
- or not in conformance with the Commission's rules. See 47 C.F.R. 1.961. In addition, applications pending with petitions for waiver are accepted conditioned on resolution of the waiver requests. Petitions to deny any of the accepted applications listed herein must be filed no later than 30 days from the date of this Public Notice. See 47 C.F.R. 90.163(a)(4), 1.2108(b), 1.962(g). Petitions to deny must fully comply with the requirements for such petitions set forth in the Commission's rules. See, e.g., 47 C.F.R. 90.163, 1.2108, 1.962(g). Oppositions to petitions to deny must be filed no later than 10 days after the original petition to deny is filed. See 47 C.F.R. 1.45(a), 1.208(c), 1.962(h). Replies to oppositions must be
- http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
- benefit all bidders because they will be able to bid for a number of licenses in a single reauction, instead of a series of piecemeal auctions after defaults and revocations, in which opportunities for aggregation might be less favorable. 1. Licenses to be reauctioned Federal Communications Commission FCC 97-342 See 47 U.S.C. 309(j)(5). 163 See 47 C.F.R. 24.832(e), 1.2108(d)(3). 164 39 83. We propose that the reauction include the following licenses: (1) all licenses representing the disaggregated spectrum surrendered to the Commission under the disaggregation option; (2) all licenses surrendered to the Commission on or before January 15, 1998, by incumbent licensees who choose to take advantage of the Commission's prepayment or amnesty options; and (3) all PCS C
- http://wireless.fcc.gov/auctions/10/releases/fc980176.pdf http://wireless.fcc.gov/auctions/10/releases/fc980176.txt http://wireless.fcc.gov/auctions/10/releases/fc980176.wp
- Rcd at 16,448 para. 22. 34 Id. at 16,457 para. 42 and 16,470 para. 69. 35 Id.; see 47 C.F.R. 24.709. 36 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84; see also 47 U.S.C. 309(j)(5). 37 C Block Further Notice at 12 FCC Rcd at 16,474 para. 84; see also 47 C.F.R. 24.832(e), 1.2108(d)(3). 38 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84. 39 Id. 40 7 IV. ELIGIBILITY FOR PARTICIPATION A. Background 10. In the C Block Second Report and Order, the Commission decided that the public interest considerations mandated by Section 309(j) of the Communications Act would be furthered by applying to a 31 C block reauction the same
- http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
- high bidders need not submit an additional application filing fee with their long-form applications. Notwithstanding any other provision in Title 47 of the Code of Federal Regulations to the contrary, the high bidder's long-form application must be mailed or otherwise delivered to: Office of the Secretary, Federal Communications prior to the filing of short-form applications pursuant to 1.2105. Sec. 1.2108 Procedures for filing petitions to deny against long-form applications. (a) Where petitions to deny are otherwise provided for under the Act or the Commission's Rules, and unless other service-specific procedures for the filing of such petitions are provided for elsewhere in the Commission's Rules, the procedures in this section shall apply to the filing of petitions to deny the 88
- http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
- benefit all bidders because they will be able to bid for a number of licenses in a single reauction, instead of a series of piecemeal auctions after defaults and revocations, in which opportunities for aggregation might be less favorable. 1. Licenses to be reauctioned Federal Communications Commission FCC 97-342 See 47 U.S.C. 309(j)(5). 163 See 47 C.F.R. 24.832(e), 1.2108(d)(3). 164 39 83. We propose that the reauction include the following licenses: (1) all licenses representing the disaggregated spectrum surrendered to the Commission under the disaggregation option; (2) all licenses surrendered to the Commission on or before January 15, 1998, by incumbent licensees who choose to take advantage of the Commission's prepayment or amnesty options; and (3) all PCS C
- http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
- on one original paper copy and with a 3.5-inch floppy disk containing all attachments, and any other supporting documentation in separate ASCII text (.TXT) file formats. Those filing any amendments, correspondence, pleadings, and forms must simultaneously submit the original hard copy which must be stamped "original". In addition to the original hard copy, those filing pleadings, including pleadings under section 1.2108 of this chapter shall also submit 2 paper copies as provided in section 1.51 of this chapter. Applicants who file electronically will not be required to follow these procedures, but instead are required to follow all instructions for electronic filing detailed by the FCC in any subsequent public notices. (f)Subsequent application by auction winners or non-mutually exclusive applicants for WCS
- http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
- provide a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to 1.2105. Sec. 1.2108 Procedures for filing petitions to deny against long-form applications. (a) Where petitions to deny are otherwise provided for under the Act or the Commission's Rules, and unless other service-specific procedures for the filing of such petitions are provided for elsewhere in the Commission's Rules, the procedures in this section shall apply to the filing of petitions to deny the long-form
- http://wireless.fcc.gov/auctions/15/releases/da970656.pdf http://wireless.fcc.gov/auctions/15/releases/da970656.txt http://wireless.fcc.gov/auctions/15/releases/da970656.wp
- Secretary, Federal Communications Commission and sent to: Office of the Secretary Attn: Auction 15 Supplemental Information Processing 2 Federal Communications Commission 1919 M. Street, N.W., Room 222 Washington, D.C. 20554 Within 30 days after the Commission gives public notice that this information is accepted for filing, petitions to deny may be filed against the winning bidders. See 47 C.F.R. 1.2108. Each winning bidder is required to pay the balance of its winning bid in a lump sum payment within ten (10) business days following release of a Public Notice by the Commission that it is prepared to award the licenses. See 47 C.F.R. 25.406(a). Note: The FCC makes no representation or warranties about the use of this spectrum for
- http://wireless.fcc.gov/auctions/16/releases/da972583.pdf http://wireless.fcc.gov/auctions/16/releases/da972583.txt http://wireless.fcc.gov/auctions/16/releases/da972583.wp
- others may utilize this streamlined filing procedure only for those licenses that have identical filing information. For those licenses with unique information, a separate application must be submitted. Application processing and grant. Within thirty (30) days after the Commission gives public notice that the FCC Form 601s are acceptable for filing, petitions to deny may be filed. 47 C.F.R. 1.2108(b). An applicant may file an opposition to any petitions to deny within ten days after the original pleading is filed. See 47 C.F.R. 1.4, 1.45(a), 1.2108(c). A reply to the opposition may be filed within five days after the time for filing oppositions has expired. 47 C.F.R. 1.4, 1.45(b). After the FCC reviews an applicant's FCC Form 601
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- explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to Sec. 1.2105. Attachment D A-6 Sec. 1.2108 Procedures for filing petitions to deny against long-form applications. (a) Where petitions to deny are otherwise provided for under the Act or the commission's Rules, and unless other service-specific procedures for the filing of such petitions are provided for elsewhere in the Commission's Rules, the procedures in this section shall apply to the filing of petitions to deny the long-form
- http://wireless.fcc.gov/auctions/17/releases/da980572.pdf http://wireless.fcc.gov/auctions/17/releases/da980572.txt http://wireless.fcc.gov/auctions/17/releases/da980572.wp
- others may utilize this streamlined filing procedure only for those licenses that have identical filing information. For those licenses with unique information, a separate application must be submitted. Application processing and grant. Within thirty (30) days after the Commission gives public notice that the FCC Form 601s are acceptable for filing, petitions to deny may be filed. 47 C.F.R. 1.2108(b). An applicant may file an opposition to any petitions to deny within ten days after the original pleading is filed. See 47 C.F.R. 1.4, 1.45(a), 1.2108(c). A reply to the opposition may be filed within five days after the time for filing opposition has expired. 47 C.F.R. 1.4, 1.45(b). After the FCC reviews an applicant's FCC Form 601
- http://wireless.fcc.gov/auctions/17/releases/da990802.pdf http://wireless.fcc.gov/auctions/17/releases/da990802.txt http://wireless.fcc.gov/auctions/17/releases/da990802.wp
- Nace, Gutierrez and Sachs served as the contact person Federal Communications Commission DA 99-802 The LMDS short-form applications were available to the general public in the Bureau's reference room and were also 22 available on-line to participants in the LMDS auction through the auction bidding software. See 47 U.S.C. 309(d). 23 See 47 U.S.C. 309(d)(2); 47 C.F.R. 1.2108(b). 24 See Mercury PCS II, LLC For Facilities in the Broadband Personal Communications Systems in the D, E, and F Blocks, 25 Notice of Apparent Liability for Forfeiture (Mercury PCS II, LLC), 12 FCC Rcd 17970, 18100 (1997) (citing Gencom, Inc. v. FCC, 832 F.2d 171, 181 n.11 (D.C. Cir. 1987)). WWOR-TV, Inc., Memorandum Opinion & Order, 6 FCC Rcd
- http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
- reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding licensed LMDS service, and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee. 101.1110Petitions to deny. Procedures regarding petitions to deny long-form applications in the LMDS service will be governed by 1.2108(b) through 1.2108(d) of this chapter. 101.1111Procedures for partitioned licenses. (a) LMDS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum. (b) If partitioned licenses or disaggregated licenses are being applied for in conjunction with a license(s) to be awarded through competitive bidding procedures -- (1) The applicable procedures for filing short-form applications and
- http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
- reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding licensed LMDS service, and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee. 101.1110Petitions to deny. Procedures regarding petitions to deny long-form applications in the LMDS service will be governed by 1.2108(b) through 1.2108(d) of this chapter. 101.1111Procedures for partitioned licenses. (a) LMDS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum. (b) If partitioned licenses or disaggregated licenses are being applied for in conjunction with a license(s) to be awarded through competitive bidding procedures -- (1) The applicable procedures for filing short-form applications and
- http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
- licensee. (e) Definitions. The terms affiliate, small business, very small business, consortium of small businesses (or consortium of very small businesses), and gross revenues used in this section are defined in Section 90.1021. Sec. 90.1025 Petitions to deny and limitations on settlements. (a) Procedures regarding petitions to deny long-form applications in the 220 MHz service will be governed by Sections 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
- http://wireless.fcc.gov/auctions/18/releases/da982143.pdf http://wireless.fcc.gov/auctions/18/releases/da982143.txt http://wireless.fcc.gov/auctions/18/releases/da982143.wp
- total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109, 1.2107(b) and 90.1015. Licenses will be subsequently granted only after final payment
- http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
- licensee. (e) Definitions. The terms affiliate, small business, very small business, consortium of small businesses (or consortium of very small businesses), and gross revenues used in this section are defined in 90.1021. 90.1025 Petitions to deny and limitations on settlements. (a) Procedures regarding petitions to deny long-form applications in the 220 MHz service will be governed by 1.2108(b) through 1.2108(d) and 90.163 of this chapter. (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 90.162 and 1.2105(c) of this chapter. Federal Communications Commission FCC 97-57 APPENDIX C LIST OF PARTIES
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- filings of five pages or less are exempt from the requirement to submit on microfiche, as well as emergency filings like letters requesting special temporary authority. Those filing any amendments, correspondence, pleadings, and forms must simultaneously submit the original hard copy which must be stamped "original". In addition to the original hard copy, those filing pleadings, including pleadings under 1.2108 of this chapter shall also submit 2 paper copies as provided in 1.51 of this chapter. (1) Microfiche copies. Each microfiche copy must be a copy of the signed original. Each microfiche copy shall be a 148mm 0A 105mm negative (clear transparent characters appearing on an opaque background) at 240A to 270A reduction for microfiche or microfiche jackets. One
- http://wireless.fcc.gov/auctions/19/releases/fc980212.pdf http://wireless.fcc.gov/auctions/19/releases/fc980212.txt http://wireless.fcc.gov/auctions/19/releases/fc980212.wp
- short-form and long-form applications (including the anti-collusion rule), withdrawal and default payments, down payments, full payment, late payment fees, and unjust enrichment will now replace all analogous rules previously Federal Communications Commission FCC 98-212 That is, all service-specific GWCS application and payment rules are now replaced by their Part 1 rule counterparts: 47 5 C.F.R. 1.2104, 1.2105, 1.2106, 1.2107, 1.2108, 1.2109, 1.2110, 1.2111, and 1.2112. See Appendix C. 47 C.F.R. 1.2113. 6 See 47 C.F.R. 1.2110(b)(4), m. 7 While we are adopting the proposed definition of "controlling interest" for GWCS, this decision is not dispositive of the 8 issue as it pertains to all other future auctions. The Part 1 designated entity provisions contained in proposed rules 1.2110(b)
- http://wireless.fcc.gov/auctions/20/releases/da982542.pdf http://wireless.fcc.gov/auctions/20/releases/da982542.txt http://wireless.fcc.gov/auctions/20/releases/da982542.wp
- required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made.
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- have resulted from the auction without insincere bidding.14 MariTEL also argues that the applications for inland VPC licenses for which Havens was the high bidder should be denied and the licenses reauctioned, because all winning bids are interdependent, and because 15 Havens' actions during the auction call into question his character qualifications.16 Federal Communications Commission DA 99-962 47 C.F.R. 1.2108(c); see also 47 C.F.R. 1.962(g), (h). 17 47 C.F.R. 1.961(a). In the case of an application for a license won at auction, the applicant would then be liable 18 for a default payment equal to the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission,
- http://wireless.fcc.gov/auctions/21/releases/da990405.pdf http://wireless.fcc.gov/auctions/21/releases/da990405.txt http://wireless.fcc.gov/auctions/21/releases/da990405.wp
- required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made.
- http://wireless.fcc.gov/auctions/22/releases/da990757.pdf http://wireless.fcc.gov/auctions/22/releases/da990757.wp
- required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made.
- http://wireless.fcc.gov/auctions/22/releases/da991821.pdf
- application following the full and timely payment of the remaining balance of ABC Wireless's winning bids, pursuant to section 1.2109(a) of the Commission's rules. 47 C.F.R. 1.2109(a). Federal Communications Commission DA 99-1821 4 7. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309(d)(1) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309(d)(1), and sections 0.331, 1.2108 and 24.830 of the Commission's rules, 47 C.F.R. 0.331, 1.2108 and 24.830, the Petition to Deny filed by Mountain Solutions Ltd., Inc., on June 3, 1999, IS HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau
- http://wireless.fcc.gov/auctions/22/releases/da991822.pdf
- C.F.R. 1.2109(a). With respect to Chariton Valley Communication Corporation, Inc. and OPCS Three, L.L.C., today we are issuing an order conditionally granting its request for waiver of 47 C.F.R. 20.6. Federal Communications Commission DA 99-1822 4 5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 0.331, 1.2108 and 24.830 of the Commission's rules, 47 C.F.R. 0.331, 1.2108 and 24.830, the Petitions to Defer or, in the Alternative, to Condition Grant of the above-captioned long-form applications filed by Pacific Eagle Investments, Ltd., Pacific Eagle Investment (L) Limited, and Masa Telecom, Inc., on June 3, 1999, in the above-referenced proceedings, ARE HEREBY DISMISSED in part and DENIED in part.
- http://wireless.fcc.gov/auctions/22/releases/da991824.pdf
- claim SouthEast may have in connection with the above-captioned licenses, the procedure announced by the Bureau in its December 23 Public Notice achieves the result sought by SouthEast, and we therefore dismiss its request as moot.24 7. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 0.331, 1.2108, and 24.830 of the Commission's rules, 47 C.F.R. 0.331, 1.2108, and 24.830, the Petition to Hold in Abeyance filed by SouthEast Telephone, Inc., on June 3, 1999, in the above-referenced proceedings, IS HEREBY DISMISSED. 18 Federal Communications Commission v. Pottsville Broadcasting Co., 309 U.S. 134 (1940) (FCC v. Pottsville). 19 Petition at 7. 20 Id. at 6-7. 21 See 47
- http://wireless.fcc.gov/auctions/22/releases/da991826.pdf
- to depart from the procedure announced by the Bureau in its December 23 Public Notice, and we find that it is in the public interest to conditionally grant the licenses to ABC Wireless and American Wireless.27 8. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 0.331, 1.2108 and 24.830 of the Commission's rules, 47 C.F.R. 0.331, 1.2108 and 24.830, the Petitions to Deny filed by Gloria Borland Hawaii PCS, Inc., on June 3, 1999, in the above-referenced proceedings, ARE HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau 27 In keeping with our decision to grant licenses conditioned
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- Rcd at 16,448 para. 22. 34 Id. at 16,457 para. 42 and 16,470 para. 69. 35 Id.; see 47 C.F.R. 24.709. 36 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84; see also 47 U.S.C. 309(j)(5). 37 C Block Further Notice at 12 FCC Rcd at 16,474 para. 84; see also 47 C.F.R. 24.832(e), 1.2108(d)(3). 38 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84. 39 Id. 40 7 IV. ELIGIBILITY FOR PARTICIPATION A. Background 10. In the C Block Second Report and Order, the Commission decided that the public interest considerations mandated by Section 309(j) of the Communications Act would be furthered by applying to a 31 C block reauction the same
- http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
- Rcd at 16,448 para. 22. 34 Id. at 16,457 para. 42 and 16,470 para. 69. 35 Id.; see 47 C.F.R. 24.709. 36 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84; see also 47 U.S.C. 309(j)(5). 37 C Block Further Notice at 12 FCC Rcd at 16,474 para. 84; see also 47 C.F.R. 24.832(e), 1.2108(d)(3). 38 C Block Further Notice, 12 FCC Rcd at 16,474 para. 84. 39 Id. 40 7 IV. ELIGIBILITY FOR PARTICIPATION A. Background 10. In the C Block Second Report and Order, the Commission decided that the public interest considerations mandated by Section 309(j) of the Communications Act would be furthered by applying to a 31 C block reauction the same
- http://wireless.fcc.gov/auctions/23/releases/da990927.pdf
- its net winning bid(s) plus any withdrawal payments. 1 In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 3 Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
- http://wireless.fcc.gov/auctions/24/releases/da991287.doc http://wireless.fcc.gov/auctions/24/releases/da991287.pdf http://wireless.fcc.gov/auctions/24/releases/da991287.txt
- the required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
- http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
- arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to 1.2105. (e) An applicant must also submit FCC Form 602 (see 1.919 of this chapter) with its long form application (FCC Form 601). 1.2108 Procedures for filing petitions to deny against long-form applications. (a) Where petitions to deny are otherwise provided for under the Act or the commission's Rules, and unless other service-specific procedures for the filing of such petitions are provided for elsewhere in the Commission's Rules, the procedures in this section shall apply to the filing of petitions to deny the long-form
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- defaulted and will be subject to the default payments set forth in the Part 1 auction rules. See 47 C.F.R. 1.2107(c); 1.2104. 165. Petitions to Deny. After the winning bidder's long-form application has been accepted for filing, a public notice will be released announcing this fact, thereby triggering the filing window for petitions to deny. See 47 C.F.R. 1.2108(b). Previously, the Commission has generally provided a 30 day period for the filing of Federal Communications Commission FCC 98-194 See 47 C.F.R. 73.3584(a); 73.3584(c). 186 Section 3008 of the Budget Act provides as follows: 187 [N]o application for an instrument of authorization for frequencies assigned under this title . . . shall be granted by the Commission earlier than
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- this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of Congress that authorizations be awarded by competitive bidding only where there exists more than one qualified applicant. To assure this outcome, these petitioners contend that the Commission should 76 adopt "some" procedure to be applied on a case-by-case basis whereby, upon petition by
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- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.2108). Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Tuesday, February 22, 2000. The Bureau will issue a public notice announcing when software for the mock auction is posted on the World Wide Web and BBS. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to bid either
- http://wireless.fcc.gov/auctions/26/releases/da000508.doc http://wireless.fcc.gov/auctions/26/releases/da000508.pdf http://wireless.fcc.gov/auctions/26/releases/da000508.txt
- required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
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- of the applicant or licensee. (e) Definitions. The terms affiliate, small business, consortium of small businesses, and gross revenues, used in this section are defined in 22.223. 22.227 Petitions to deny and limitations on settlements. Federal Communications Commission FCC 97-59 15 (a) Procedures regarding petitions to deny long-form applications in the paging service will be governed by 1.2108(b) through 1.2108(d) of this chapter, 22.130, and 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 22.129, 90.162, and 1.2105(c) of this chapter. 11. Section 22.313 is amended by
- http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
- employees, customers and suppliers of the applicant or licensee. (e) Definitions. The terms affiliate, small business, consortium of small businesses, gross revenues, and controlling interest used in this section are defined in 22.223. 22.227 Petitions to deny and limitations on settlements. (a) Procedures regarding petitions to deny long-form applications in the paging service will be governed by 1.2108(b) through 1.2108(d) of this chapter, 22.130, and 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 22.129, 90.162, and 1.2105(c) of this chapter. PART 22--PUBLIC MOBILE SERVICES SUBPART C-OPERATIONAL
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- defaulted and will be subject to the default payments set forth in the Part 1 auction rules. See 47 C.F.R. 1.2107(c); 1.2104. 165. Petitions to Deny. After the winning bidder's long-form application has been accepted for filing, a public notice will be released announcing this fact, thereby triggering the filing window for petitions to deny. See 47 C.F.R. 1.2108(b). Previously, the Commission has generally provided a 30 day period for the filing of Federal Communications Commission FCC 98-194 See 47 C.F.R. 73.3584(a); 73.3584(c). 186 Section 3008 of the Budget Act provides as follows: 187 [N]o application for an instrument of authorization for frequencies assigned under this title . . . shall be granted by the Commission earlier than
- http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
- this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of Congress that authorizations be awarded by competitive bidding only where there exists more than one qualified applicant. To assure this outcome, these petitioners contend that the Commission should 76 adopt "some" procedure to be applied on a case-by-case basis whereby, upon petition by
- http://wireless.fcc.gov/auctions/30/releases/da000615.doc http://wireless.fcc.gov/auctions/30/releases/da000615.pdf http://wireless.fcc.gov/auctions/30/releases/da000615.txt
- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.2108). Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Friday, April 7, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to bid
- http://wireless.fcc.gov/auctions/30/releases/da001035.doc http://wireless.fcc.gov/auctions/30/releases/da001035.pdf http://wireless.fcc.gov/auctions/30/releases/da001035.txt
- necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
- http://wireless.fcc.gov/auctions/31/releases/9906240(1stReporttoCongress).pdf
- less than five days after the deadline for oppositions." The approximate dates listed below are based on the statutory mnumum for these tiling periods, II 3. Milestone: See 47 C.F.R. 5 1.2107(b). Release Read,, to Grant Public Nolice (unopposed licenses) I? See Balanced Budget Act of 1997.5 3008; DOD Appropriations Act, 5 8124(a); see also 47 C.F.R. 5s: 1.939 and 1.2108. 8 Approximate Date: July 19, 2000 SummaN: After the period for filing petitions to deny (see Phase III, item 2. supra), the Bureau will release a Ready to Grant Public Notice announcing that it is prepared to grant the unopposed licenses. Within ten (10) business days after the date ofthe Ready, 10 Granr Public Notice, winning bidders will be required
- http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. Discussion. We have determined to adopt for this spectrum the
- http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
- this public notice. See First Report and Order, 13 FCC Rcd at 15983-86; 47 C.F.R. 73.5003, 73.5005, 73.5006. These broadcast auction procedures follow the Commission's Part 1 auction rules, under which only winning bidders are required to submit long-form applications and petitions to deny are entertained only against the long-form applications of winning bidders. See 47 C.F.R. 1.2107, 1.2108, 1.2109.74 53. Pleadings. Several petitioners contend that Section 309(j)(1) and Section 309(j)(6)(E) show 75 the intent of Congress that authorizations be awarded by competitive bidding only where there exists more than one qualified applicant. To assure this outcome, these petitioners contend that the Commission should 76 adopt "some" procedure to be applied on a case-by-case basis whereby, upon petition by
- http://wireless.fcc.gov/auctions/33/releases/da001800.doc http://wireless.fcc.gov/auctions/33/releases/da001800.pdf http://wireless.fcc.gov/auctions/33/releases/da001800.txt
- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule found in Section 1.2108 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Thursday, August 31, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
- http://wireless.fcc.gov/auctions/33/releases/da002154.doc http://wireless.fcc.gov/auctions/33/releases/da002154.pdf http://wireless.fcc.gov/auctions/33/releases/da002154.txt
- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. In the 700 MHz First Report and Order, we adopted
- http://wireless.fcc.gov/auctions/34/releases/da001639.doc http://wireless.fcc.gov/auctions/34/releases/da001639.pdf http://wireless.fcc.gov/auctions/34/releases/da001639.txt
- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule found in Section 1.2108 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Monday, August 14, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
- http://wireless.fcc.gov/auctions/34/releases/da001949.pdf
- the Commission's rules. Absent substantiated evidence of wrongdoing, we believe it is more prudent to address such allegations after the winning bidders have submitted their long-form applications.2 As Auction No. 34 is ongoing, we are unable, at this time, to specify the long-form due date. Please note however, that at the close of Auction No. 34, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the filing period for petitions to deny. Accordingly, we believe that your request for an investigation is not ripe and is denied. Sincerely, Margaret Wiener Deputy Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau cc: Preferred Acquisitions, Inc. 1 Letter from Steven R. Sixberry, Nevada Wireless, to Auction
- http://wireless.fcc.gov/auctions/34/releases/da002037.doc http://wireless.fcc.gov/auctions/34/releases/da002037.pdf http://wireless.fcc.gov/auctions/34/releases/da002037.txt
- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/35/releases/fc020099.pdf http://wireless.fcc.gov/auctions/35/releases/fc020099.txt
- final default payment.45 In adopting its rules, the Commission has made clear that it has the discretion to retain on deposit up to twenty percent of the winning bid amount.46 Our default payment rules are intended to maintain the integrity of the auction 36 Id. at 5-6. 37 Id. at 5 (citing 47 U.S.C. 309(j)(8)(C); 47 C.F.R. 1.2107(b)-(c), 1.2108(b)-(c), and 1.2109(a)). 38 Id. at 3-4, 6-7. 39 Id. at 3-4. 40 Id. at 4. 41 Id. at 7. 42 Id. 43 47 C.F.R. 1.2107(b). 44 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, WT Docket No. 97-82, ET Docket No. 94-32,
- http://wireless.fcc.gov/auctions/36/releases/da002752.doc http://wireless.fcc.gov/auctions/36/releases/da002752.pdf http://wireless.fcc.gov/auctions/36/releases/da002752.txt
- a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. B. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b) and 1.2109. Licenses will be granted only after the full and timely
- http://wireless.fcc.gov/auctions/38/releases/da010478.doc http://wireless.fcc.gov/auctions/38/releases/da010478.pdf http://wireless.fcc.gov/auctions/38/releases/da010478.txt
- payment and FCC Form 159 are necessary only if a winning bidder's upfront payment does not cover the required total of down payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s). Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/39/releases/da011443.doc http://wireless.fcc.gov/auctions/39/releases/da011443.pdf http://wireless.fcc.gov/auctions/39/releases/da011443.txt
- winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/39/releases/da011871.doc http://wireless.fcc.gov/auctions/39/releases/da011871.pdf http://wireless.fcc.gov/auctions/39/releases/da011871.txt
- and Saturday 8 a.m. to 7:00 p.m. ET, and Sunday 12:00 p.m. to 6 p.m. ET. Closed all government holidays. All calls to the FCC Technical Support Hotline are This Public Notice addresses only VPC applications. Location and Monitoring Service applications filed with respect to Auction No. 39 will be addressed separately. 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov News Media Information 202 / 418-0500
- http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
- bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). B. Final Payments After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/41/releases/da012429.pdf http://wireless.fcc.gov/auctions/41/releases/da012429.txt
- bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). B. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/42/releases/da012763.pdf http://wireless.fcc.gov/auctions/42/releases/da012763.txt
- and submission of the correct down payment from their bank to Mellon Bank. 1 47 C.F.R. 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 2 47 C.F.R. 1.2108. 3 47 C.F.R. 1.2107(b) and 1.2109. 4 47 C.F.R. 1.2109(a). 5 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington D.C. area). Copies of the FCC Form 159 can also be obtained via the Internet (http://www.fcc.gov/formpage.html) or by Fax-On-Demand (202- 418-2830). 3
- http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
- bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of any withdrawal payments (if applicable) plus twenty (20) percent of its net winning bid(s). B. Final Payments After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2107(b), 1.2109. Licenses will be granted only after the full and timely payment
- http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
- winning bidders are required to file long-form license applications.525 As is required by statute and the Commission's rules,526 the Commission then releases a public notice announcing that long-form applications have been accepted for filing. The release of such public notice begins a time period in which interested parties may file petitions to deny against the listed long-form applications.527 Under Section 1.2108(b) of the Commission's rules, the period for filing petitions to deny against long-form applications is no more than ten days, and that period may be reduced to five days in exigent circumstances at the discretion of the licensing bureau. In the Notice, the Commission proposed to limit the time period for petitions to deny to five days.528 Consistent with this
- http://wireless.fcc.gov/auctions/45/releases/da021316.pdf http://wireless.fcc.gov/auctions/45/releases/da021316.txt
- their bankers ahead of time regarding their wire transfers, 1 47 C.F.R. 1.2104(g), 1.2107(b). In the event a bidder has withdrawn a bid(s) and is subject to a bid withdrawal payment(s), the bidder's upfront payment will be first applied to satisfy the withdrawal payment(s) before being applied toward its down payment. 47 C.F.R. 1.2104(g)(1). 2 47 C.F.R. 1.2108. 3 47 C.F.R. 1.2107(b), 1.2109. 4 47 C.F.R. 1.2109(a). 5 Copies of the FCC Form 159 may be obtained by calling the Commission's Forms Distribution Center at 1-800-418-3676 (outside Washington, D.C.) or 202-418-3676 (in the Washington D.C. area). Copies of the FCC Form 159 can also be obtained via the Internet (http://www.fcc.gov/formpage.html) or by calling the Commission's Fax-On-Demand
- http://wireless.fcc.gov/auctions/55/resources/ServiceRulesandDueDiligence1.pdf
- long form review, Accepted for Filing PN issued Pleading cycle established After pleading cycle, Ready to Grant PN issued, starting the clock for making your final payments Failure to pay may result in disqualification Finally, a Grant PN issued Process typically takes 3-4 months, but may take longer Pleading Cycle Pleading cycle set by Accepted for Filing PN See 1.2108 of rules for details 10 days for filing petitions to deny (PTDs) 5 days after that for filing oppositions to PTDs 5 days after that for filing replies to oppositions Transfer of Control and Assignment Issues Pro formatransfers (e.g., reorganizations) are discouraged until after 601 is filed Substantial transfers prior to filing 601 may cause disqualification of applicant Unjust enrichment
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- for development and testing of new software. Consistent with the Balanced Budget Act and current practice, the Bureau will seek comment on matters such as auction design in a public notice prior to the auction. Teligent also recommends that the Commission implement the shortest period allowable for the filing of petitions to deny against long-form applications following the auction. Section 1.2108(b) provides that the Commission shall not grant a license less than seven days after public notice that long-form applications have been accepted for filing and that, in all cases, the period for filing petitions to deny such applications shall be no shorter than five days. We will adopt a ten-day period for filing petitions to deny against long-form applications. Although
- http://wireless.fcc.gov/auctions/80/releases/da001593.doc http://wireless.fcc.gov/auctions/80/releases/da001593.pdf http://wireless.fcc.gov/auctions/80/releases/da001593.txt
- be accepted without a showing of good cause. Maintaining Accuracy of Information. The applicant is no longer required to maintain accuracy and completeness of information furnished on its FCC Form 175 and exhibits. After the auction closes, the applicant is required to make all changes by filing FCC Form 301. Application processing and license grant. Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) days after
- http://wireless.fcc.gov/auctions/82/releases/da020355.pdf http://wireless.fcc.gov/auctions/82/releases/da020355.txt
- be accepted without a showing of good cause.8 G. Maintaining Accuracy of Information After the auction closes, applicants are required to make all changes by filing FCC Form 301. Applicants are no longer required to maintain accuracy and completeness of information furnished on their FCC Form 175 and exhibits. H. Application Processing and License Grant Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997,9 interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) business days after the time for filing petitions to
- http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
- seeking to secure spectrum licenses. Part 1 Third Report and Order, 13 FCC Rcd at 398-400, 40, aff'd, Part 1 Fifth Report and Order, 15 FCC Rcd at 15302-18, 16-43. 59 Id. 60 47 C.F.R. 1.2107. Federal Communications Commission DA 02-847 8 101.1105(b); 101.1205(b); and 101.1206.61 12. Procedures for filing petitions to deny against long-form applications. Section 1.2108 of the Commission's rules describes the timing and procedures for filing petitions to deny a winning bidder's long-form application.62 The period for filing a petition to deny commences after the Commission releases a public notice announcing that a long-form application has been accepted for filing.63 Section 1.2108 also provides that the length of time to file a petition to deny
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- 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 @& 0 0 0 0 0 0 R E:Ff(R)3FF
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- subsequent auction losses would result in a net gain, the defaulting bidder would be required to pay only the 3 percent penalty, an amount that could be lower than the withdrawal payments determined on a license-by-license basis. D. Administrative Filing Periods for Applications and Petitions to Deny 74. Background. In the Part 1 Third Report and Order, we amended Section 1.2108 of our rules to conform to the provisions in the Balanced Budget Act of 1997 regarding the filing period for petitions to deny the long-form applications of winning bidders. The Balanced Budget Act of 1997 gives the Commission authority to shorten the period in which license applications are granted, notwithstanding Section 309(b) of the Communications Act which generally prohibits the
- 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
- notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto . . . . [T]he Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies. Id. 47 C.F.R. 1.2108(b), (c). 272 58 late submission of upfront payments, as to do so would slow down the licensing process by delaying the start of an auction. c. Full Payment and Petitions to Deny 97. Background. In the Notice, we recognized that under our current rules, winning bidders not eligible for installment payments are not required to submit the balance of their
- http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
- arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to 1.2105. (e) An applicant must also submit FCC Form 602 (see 1.919 of this chapter) with its long form application (FCC Form 601). 1.2108 Procedures for filing petitions to deny against long-form applications. (a) Where petitions to deny are otherwise provided for under the Act or the commission's Rules, and unless other service-specific procedures for the filing of such petitions are provided for elsewhere in the Commission's Rules, the procedures in this section shall apply to the filing of petitions to deny the long-form
- http://wireless.fcc.gov/uls/releases/da990385.doc
- the Commission's Rules. This section, however, was amended in the ULS Report and Order and moved to Section 1.934(c) of the Rules in order to unify procedural rules for all wireless services. The Bureau will normally provide 30 days for the applicant to amend its application, but this period may be shortened if conditions warrant. See also 47 C.F.R. 1.2108 concerning petitions to deny auction long form applications. Nothing in this Public Notice is intended to alter our procedures with respect to auctions. 0 ` 0 0 PNG !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a% Tf(c) U~UyӚo=c {YAD Zv}YAD e/,-%E9 ^1J 2 bʆPh=f 8H]}`2@ 'XtpO $> -m``Q(q P e D _ p/]b|?O VJõ
- http://wireless.fcc.gov/uls/releases/da991267.doc http://wireless.fcc.gov/uls/releases/da991267.pdf
- days (with 45 days involving areas outside the continental United States) for applications involving frequencies above 470 MHz. See former Section 1.959 of the Commission's Rules. This section, however, was amended in the ULS Report and Order and moved to Section 1.934(c) of the Rules in order to unify procedural rules for all wireless services. See also 47 C.F.R. 1.2108 concerning petitions to deny auction long form applications. Nothing in this Public Notice is intended to alter our procedures with respect to auctions. Commission Announces New Procedures for Antenna Structure Registration, Public Notice, DA 99-1186 (June 21, 1999). See Wireless Telecommunications Bureau Announces Unified Policy for Dismissing and Returning Applications and Dismissing Pleadings Associated with Applications, Public Notice, DA 99-385
- http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2006&m=10&t=Order
- [213]txt 10/31/2006 WTB Orders (DA 06-2178) Final Bid Withdrawal Payment for Auction No. 44, XIT Telecommunications & Technology, Ltd Assessed final bid withdrawal payment DA-06-2178A1: [214]pdf - [215]word - [216]txt 10/31/2006 WTB Orders (DA 06-2249) AUCTION 65 Public Notice Regarding Long Form/FCC Form 601 Applications Accepted For Filing Dismissed the Petition for Clarification, and Action Deemed Appropriate, Under Section 1.939, 1.2108... DA-06-2249A1: [217]pdf - [218]word - [219]txt 10/27/2006 WTB Orders (DA 06-2197) Application of Bell Atlantic New Zealand Holdings, Inc., Assignor, and GTE Pacifica, Inc., Assignee, for the Assignment of Personal Communications Service (PCS) License WQCV808 (MTA 050) Resolved the application for assignment of a PCS license from Bell Atlantic New Zealand Holdings, In... DA-06-2197A1: [220]pdf - [221]word - [222]txt 10/26/2006
- 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
- of the BBA 97 and Consolidated Appropriations Act, 2000, permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. In the Upper 700 MHz First Report and Order, we adopted the seven-day notice requirement for initial applications and the five-day deadline for petitions to deny. We also determined that an applicant
- http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
- on one original paper copy and with a 3.5-inch floppy disk containing all attachments, and any other supporting documentation in separate ASCII text (.TXT) file formats. Those filing any amendments, correspondence, pleadings, and forms must simultaneously submit the original hard copy which must be stamped "original". In addition to the original hard copy, those filing pleadings, including pleadings under section 1.2108 of this chapter shall also submit 2 paper copies as provided in section 1.51 of this chapter. Applicants who file electronically will not be required to follow these procedures, but instead are required to follow all instructions for electronic filing detailed by the FCC in any subsequent public notices. (f)Subsequent application by auction winners or non-mutually exclusive applicants for WCS
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- Who may file. Any party in interest may file with the Commission a petition to deny any application listed in a Public Notice as accepted for filing, whether as filed originally or upon major amendment as defined in section 1.929. .......................(1) For auctionable license applications, petitions to deny, and related pleadings are governed by the procedures set forth in section 1.2108. .......................(2) Petitions to deny for non-auctionable applications that are subject to petitions under section 309(d) of the Communications Act must comply with the provisions of this section and must be filed no later than 30 days after the date of the Public Notice listing the application or major amendment to the application as accepted for filing. (b) Filing of petitions.
- http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
- Rules Competitive Bidding Proceeding, WT Docket No. 97-82, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374, 431 (para. 98) (1997) (Part 1 Third Report and Order) (Part 1 Second Further Notice). 76 47 C.F.R. 1.2108(b), 1.2108(c). 77 Part 1 Second Further Notice, 13 FCC Rcd at 431 (para. 98). PAGE 20 broadcast renewal applicant involved in a comparative renewal proceeding71 should include at a minimum the showing that the Commission adopted in Section 27.14(c) of the Commission's Rules to claim a renewal expectancy, and similarly, what showing a broadcast renewal applicant should include to claim
- http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
- spectrum auctions adopted by Section 3008 of the BBA-97 permit the Commission to shorten notice periods in the auction context to a five-day petition to deny period and a seven-day public notice period, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order the Commission exercised this statutory authority, and amended Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We tentatively conclude below that services in the 4.9 GHz band will be auctionable services, so that the seven-day public notice period is applicable. We therefore seek comment on our tentative conclusion
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- 1998, by incumbent licensees who choose to take advantage of the Commission's prepayment or amnesty options; and (3) all PCS C block licenses currently held by the Commission as a result of previous defaults. By including all available licenses in the reauction, the Federal Communications Commission FCC 97-342 163 See 47 U.S.C. 309(j)(5). 164 See 47 C.F.R. 24.832(e), 1.2108(d)(3). 165 47 U.S.C. 309(j)(3). 40 Commission can efficiently and fairly speed service to the public. In addition, offering all available licenses will allow for the most efficient aggregation of licenses. We seek comment on this proposal. 2. Eligibility for Participation 84. As we stated in the Second Report and Order, all entrepreneurs, all entities that applied for the original
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- the Commission's rules. Absent substantiated evidence of wrongdoing, we believe it is more prudent to address such allegations after the winning bidders have submitted their long-form applications. As Auction No. 34 is ongoing, we are unable, at this time, to specify the long-form due date. Please note however, that at the close of Auction No. 34, in accordance with Section 1.2108(b) of the Commission's rules, we will issue a public notice announcing the filing period for petitions to deny. Accordingly, we believe that your request for an investigation is not ripe and is denied. Sincerely, Margaret Wiener Deputy Chief Auctions and Industry Analysis Division Wireless Telecommunications Bureau cc: Preferred Acquisitions, Inc. Letter from Steven R. Sixberry, Nevada Wireless, to Auction 34
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- favorable decision involving the petitioners' applications, the Commission must carry out the judgement of the court. Thus, we conclude that no further action regarding the petitioners' claims is required or warranted in the instant matter. Accordingly, IT IS ORDERED pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Section 1.2108 of the Commission's Rules, 47 C.F.R. 1.2108, the petition to deny File No. 0000138886, filed by Linda Chester, Southfield Communications LLC, and Wireless Telco on July 31, 2000 IS DISMISSED. IT IS FURTHER ORDERED that the petition to deny File No. 0000135598, filed by Broadband WirelessAccess Services, Stevan A. Birnbaum, Cambridge Partners, Inc., Linda Chester, HiCap Networks, Inc., PIW
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- involving the petitioners' applications, the Commission must carry out the judgement of the court. Thus, we conclude that no further action regarding the petitioners' claims is required or warranted in the instant matter. Accordingly, IT IS ORDERED pursuant to Sections 4(i), 309 and 402(h) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 309, 402(h), and Section 1.2108 of the Commission's Rules, 47 C.F.R. 1.2108, the petition to deny File No. 0000138764, filed by Broadband WirelessAccess Services, Cambridge Partners, Inc., Linda Chester, HiCap Networks, Inc., William R. Lonergan, PIW Development Corporation, Paul R. Likins, Cornelius T. Ryan, Southfield Communications LLC, and SMC Associates on July 31, 2000 IS DISMISSED. IT IS FURTHER ORDERED pursuant to Sections 4(i),
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002243.doc
- Microwave Services in the 38.6 to 40.0 GHz (39 GHz) Band, Public Notice, 15 FCC Rcd 850, 857 (2000). 39 GHz Band Auction Closes, Public Notice, 15 FCC Rcd 13648, 13648 (WTB 2000) (Auction Closes Public Notice). See id. Id. at 13649. Id. at 13648, 13654. Auction Closes Public Notice, 15 FCC Rcd at 13648, 13654; see 47 C.F.R. 1.2108(d). Wireless Telecommunications Bureau Announces that Certain Applications for the Authority to Operate in the 39 GHz Band Are Accepted for Filing, Public Notice, DA 00-2108 (rel. Sept, 15, 2000). Petition to Condition Authorization of ART at 2; Petition to Condition Authorization of CTC at 2. See Auction Closes Public Notice, 15 FCC Rcd at 13648, 13654; see also 47 C.F.R.
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. Discussion. We have determined to adopt for this spectrum the
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
- Balanced Budget Act of 1997 and Consolidated Appropriations Act permit the Commission to shorten notice periods in the auction context to five days for petitions to deny and seven days for public notice, notwithstanding the provisions of Section 309(b) of the Communications Act. In the Part 1 Third Report and Order, the Commission exercised this statutory authority by amending Section 1.2108(b) and Section 1.2108(c) of the Commission's Rules to provide for a five-day period for filing petitions to deny and a seven-day public notice period for all auctionable services. We received no comments on our proposal to adopt these deadlines for services in the 746-764 MHz and 776-794 MHz spectrum bands. In the 700 MHz First Report and Order, we adopted
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00189.doc
- 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 @& R 0 0
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- for development and testing of new software. Consistent with the Balanced Budget Act and current practice, the Bureau will seek comment on matters such as auction design in a public notice prior to the auction. Teligent also recommends that the Commission implement the shortest period allowable for the filing of petitions to deny against long-form applications following the auction. Section 1.2108(b) provides that the Commission shall not grant a license less than seven days after public notice that long-form applications have been accepted for filing and that, in all cases, the period for filing petitions to deny such applications shall be no shorter than five days. We will adopt a ten-day period for filing petitions to deny against long-form applications. Although
- http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
- subsequent auction losses would result in a net gain, the defaulting bidder would be required to pay only the 3 percent penalty, an amount that could be lower than the withdrawal payments determined on a license-by-license basis. D. Administrative Filing Periods for Applications and Petitions to Deny 74. Background. In the Part 1 Third Report and Order, we amended Section 1.2108 of our rules to conform to the provisions in the Balanced Budget Act of 1997 regarding the filing period for petitions to deny the long-form applications of winning bidders. The Balanced Budget Act of 1997 gives the Commission authority to shorten the period in which license applications are granted, notwithstanding Section 309(b) of the Communications Act which generally prohibits the
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980097.pdf
- 90.161(b)(6). In addition, applications listed in Attachment A that are pending with associated petitions for waiver or requests for confidentiality are accepted conditioned on resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than thirty (30) days after the date of this Public Notice (February 20, 1998). See 47 C.F.R. 1.2108(b), 90.163(a)(4). Oppositions to petitions to deny must be filed no later than ten (10) days after the date on which the petition to deny was filed. See 47 C.F.R. 1.2108(c), 1.45(a). Replies to the opposition must be filed no later than five (5) days after the time for filing oppositions has expired. See 47 C.F.R. 1.2108(c), 1.45(b). No
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
- others may utilize this streamlined filing procedure only for those licenses that have identical filing information. For those licenses with unique information, a separate application must be submitted. Application processing and grant. Within thirty (30) days after the Commission gives public notice that the FCC Form 601s are acceptable for filing, petitions to deny may be filed. 47 C.F.R. 1.2108(b). An applicant may file an opposition to any petitions to deny within ten days after the original pleading is filed. See 47 C.F.R. 1.4, 1.45(a), 1.2108(c). A reply to the opposition may be filed within five days after the time for filing opposition has expired. 47 C.F.R. 1.4, 1.45(b). After the FCC reviews an applicant's FCC Form 601
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
- total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109, 1.2107(b) and 90.1015. Licenses will be subsequently granted only after final payment
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- the methods described in the appropriate rule part for determining interference. POLICY ON ANTENNA STRUCTURE REGISTRATION In November of 1995, the Commission adopted rules requiring tower owners (not tenant licensees) to register with the Commission each antenna structure for which Federal Aviation Administration (FAA) notification is required. Generally, this includes all structures more than 5 See also 47 C.F.R. 1.2108 concerning petitions to deny auction long form applications. Nothing in this Public Notice is intended to alter our procedures with respect to auctions. 5 60.96 meters (200 feet) above ground or located near or on a public use airport. The specific registration criteria is contained in Part 17 of the Commission's Rules, and summarized in WTB Fact Sheet #15. The
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991615.pdf
- C.F.R. 1.933(b). In addition, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned on resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than August 23, 1999, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed. See 47 C.F.R. 1.2108(c).
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- the Commission in support of their respective positions. Progeny LMS has now filed an amended long-form application, which is accepted for filing. Petitions to deny the Progeny LMS application for licenses listed in Attachment A must be filed no later than December 16, 1999, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed. See 47 C.F.R. 1.2108(c).
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- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.2108). Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Tuesday, February 22, 2000. The Bureau will issue a public notice announcing when software for the mock auction is posted on the World Wide Web and BBS. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to bid either
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000508.doc
- required total of down payments and withdrawn bid payments (as reflected in Attachment B) is no payment or FCC Form 159 necessary at this time. Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000615.doc
- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule (47 C.F.R. 1.2108). Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Friday, April 7, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders are eligible to bid
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000836.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000836.txt
- grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than April 21, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by April 28, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001035.doc
- necessary only if a bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after final payment is made. Method
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001055.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001055.txt
- grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than May 22, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by May 30, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001545.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001545.txt
- 8 a.m. to 6 p.m. ET. All calls to the FCC Technical Support Hotline are recorded. On June 28, 2000, six long-form applications for authority to operate in the 39 GHz band were accepted for filing. Wireless Telecommunications Bureau Market-Based Applications Accepted for Filing, Public Notice, Report Number: 570 (Jun. 28, 2000). 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). TRW proposes to offer a non-terrestrial service, i.e., fixed satellite, with its licenses and has submitted a waiver request to obtain approval for such operation. Comments on the waiver request may be submitted within ten days of the release date of this public notice. Reply comments may
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001593.doc
- be accepted without a showing of good cause. Maintaining Accuracy of Information. The applicant is no longer required to maintain accuracy and completeness of information furnished on its FCC Form 175 and exhibits. After the auction closes, the applicant is required to make all changes by filing FCC Form 301. Application processing and license grant. Pursuant to 47 C.F.R. 1.2108(b) and 73.5006, and the Balanced Budget Act of 1997, Pub. L. 105-33, 111 Stat. 251 (1997), interested parties will have ten (10) days to file petitions to deny after the Commission releases a public notice announcing the FCC Form 301 is acceptable for filing. An applicant may file an opposition to any petition to deny within five (5) days after
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001800.doc
- involved in all bidding consortia, joint ventures, partnerships, and other arrangements entered into relating to the competitive bidding process. Bidders found to have violated the anti-collusion rule may be subject to sanctions. Ex Parte Rule: Applicants should also be aware that the Commission has generally exempted auction proceedings from the strict requirements of the ex parte rule found in Section 1.2108 of the Commission's rules. Mock Auction: All applicants found to be qualified bidders are eligible to participate in a mock electronic auction on Thursday, August 31, 2000. In the Qualified Bidders Public Notice, the Bureau will announce when software for the mock auction will be posted on the World Wide Web. Remote Bidding Software: Applicants are reminded that qualified bidders
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002037.doc
- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002108.doc
- TN-VA J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN E CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN J CT Communications, Inc. 0000132638 BEA046 Hickory-Morganton, NC-TN K We note that on July 31, 2000, CT Communications, Inc. filed a request to waive the Commission requirement that long-form applications be signed when electronically filed. 47 C.F.R. 1.746, 1.934. 47 C.F.R. 1.2108(b). 47 C.F.R. 1.2108(c). Id. 47 C.F.R. 1.51(c). 47 C.F.R. 1.2109(a). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov } ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ kdJ \
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002154.doc
- if a winning bidder's upfront payment does not cover the required total of down payments and withdrawn bid payments (as reflected in Attachment B). Each winning bidder's down payment must be a total of twenty (20) percent of its net winning bid(s) plus any withdrawal payments. Final Payments. After the termination of the licensing pleading cycle (see 47 C.F.R. 1.2108), the Commission will issue a public notice announcing that it is prepared to grant the licenses. Within ten business days after the date of that public notice, winning bidders will be required to make full payment of the balance of their winning bids. See 47 C.F.R. 1.2109 and 1.2107(b). Licenses will be granted only after the full and timely payment
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002337.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002337.txt
- grant in this Public Notice, applications listed in Attachment A that are pending with associated petitions for waiver are accepted conditioned upon resolution of such requests. Petitions to deny the applications listed in Attachment A must be filed no later than October 26, 2000, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than five (5) business days after the date on which the petition to deny is filed, or by November 2, 2000. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than five (5) business days after the date on which the opposition is filed,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002862.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002862.txt
- C.F.R. 1.934(a), (d). In addition, we grant the waiver request for the application for the licenses listed in Attachment A in this Public Notice. Petitions to deny the application listed in Attachment A must be filed no later than January 2, 2001, which is ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.4, 1.2108(b). Oppositions to a petition to deny must be filed no later than January 9, 2001, which is five (5) business days after the date on which the petition to deny is filed. See 47 C.F.R. 1.2108(c). Replies to the opposition must be filed no later than January 17, 2001, which is five (5) business days after the date on
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010099.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010099.txt
- be defective or not in conformance with the Commission's Rules. See 47 C.F.R. 1.934(a), (d). Applications not appearing in Attachment A remain under consideration by the Commission. Petitions to deny the applications listed in Attachment A must be filed no later than January 29, 2001, ten (10) days after the date of this Public Notice. See 47 C.F.R. 1.2108(b). Oppositions to a petition to deny must be filed no later than February 5, 2001, five (5) business days after the filing date for petitions to deny. See 47 C.F.R. 1.2108(c). Replies to oppositions must be filed no later than February 12, 2001, five (5) business days after the filing date for oppositions. See 47 C.F.R. 1.2108(c). All
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061101.html
- DIEGO COMMUNITY COLLEGE DISTRICT. Granted the application for modification of facilities of Station KSDS(FM), San Diego, CA, with conditions. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 06-2253). MB [70]DA-06-2253A1.doc [71]DA-06-2253A1.pdf [72]DA-06-2253A1.txt AUCTION 65 PUBLIC NOTICE REGARDING LONG FORM/FCC FORM 601 APPLICATIONS ACCEPTED FOR FILING. Dismissed the Petition for Clarification, and Action Deemed Appropriate, Under Section 1.939, 1.2108, and 1.41 of Intelligent Transportation & Monitoring Wireless LLC and AMTS Consortium LLC, filed on August 7, 2006. Action by: Chief, Mobility Division, Wireless Telecommunications Bureau. Adopted: 10/30/2006 by ORDER. (DA No. 06-2249). WTB [73]DA-06-2249A1.doc [74]DA-06-2249A1.pdf [75]DA-06-2249A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268284A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268284A1.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268283A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268283A1.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268281A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268281A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268260A2.txt 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268260A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268259A2.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268259A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268277A1.pdf
- http://www.fcc.gov/eb/Orders/2001/da01682.doc http://www.fcc.gov/eb/Orders/2001/da01682.html
- 15, 2001, from Mark J. Tauber, Piper Marbury Rudnick & Wolfe, counsel for PCS Partners, to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In re Application of PCS Partners, L.P., Order, DA 01-518 (WTB, released Feb. 27, 2001). See Waiver Request. See Waiver Request. See 47 C.F.R. 1.2108(b). Public Notice, C and F Block Broadband PCS Spectrum Auction Scheduled for December 12, 2000, DA 00-2259 (WTB, released October 5, 2000). The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is any intent to violate the rule. Southern California Broadcasting Company, 6 FCC
- http://www.fcc.gov/eb/Orders/2002/DA-02-3591A1.html
- 6 47 C.F.R. 1.2107(c). 7 Id. 8 47 C.F.R. 1.2107(f). 9 Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). 10 See 47 C.F.R. 1.2108(b). 11 See ``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, 16 FCC Rcd 7657 (2001). 12 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://www.fcc.gov/eb/Orders/2002/DA-02-3592A1.html
- Jan. 10, 2001) at 4 (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 1-3. 6 47 C.F.R. 1.2107(c). 7 Id. 8 See 47 C.F.R. 1.2108(b). 9 See ``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, 16 FCC Rcd 7657 (2001). 10 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://www.fcc.gov/eb/Orders/2002/DA-02-3593A1.html
- 0000730994 (dated Jan. 11, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 1. 6 47 C.F.R. 1.2107(c). 7 Id. 8 See 47 C.F.R. 1.2108(b). 9 See ``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, 16 FCC Rcd 7657 (2001). 10 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://www.fcc.gov/eb/Orders/2002/DA-02-3594A1.html
- 0000729897 (dated Jan. 10, 2001) (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 5. 6 47 C.F.R. 1.2107(c). 7 Id. 8 See 47 C.F.R. 1.2108(b). 9 See ``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, 16 FCC Rcd 7657 (2001). 10 See Closing PN, 16 FCC Rcd at 21857. 11 The Commission has held that an act or omission is ``willful'' if it is a conscious and
- http://www.fcc.gov/eb/Orders/2002/DA-02-3595A1.html
- (``Waiver Request''). The Wireless Telecommunications Bureau subsequently granted the Waiver Request. See In the Matters of City Page & Cellular Services, Inc. d/b/a City Beepers, et al., Order, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002). 5 See Waiver Request at 2. 6 Waiver Request at 2. 7 47 C.F.R. 1.2107(c). 8 Id. 9 See 47 C.F.R. 1.2108(b). 10 See ``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, 16 FCC Rcd 7657 (2001). 11 See Closing PN, 16 FCC Rcd at 21857. 12 The Commission has held that an act or omission is ``willful'' if it is a conscious and
- http://www.fcc.gov/eb/Orders/2002/DA-02-3596A1.html
- 6 47 C.F.R. 1.2107(c). 7 Id. 8 47 C.F.R. 1.2107(f). 9 Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). 10 See 47 C.F.R. 1.2108(b). 11 See ``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, 16 FCC Rcd 7657 (2001). 12 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://www.fcc.gov/eb/Orders/2002/DA-02-3597A1.html
- 7 47 C.F.R. 1.2107(c). 8 Id. 9 47 C.F.R. 1.2107(f). 10 Prior to September 10, 2002, the ownership form had to be filed manually. As of December 10, 2002, the ownership form must be filed electronically. See ``Wireless Telecommunications Bureau Announces Availability of Electronic Filing of FCC Form 602,'' Public Notice, 17 FCC Rcd 16779 (2002). 11 See 47 C.F.R. 1.2108(b). 12 See ``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, 16 FCC Rcd 7657 (2001). 13 The Commission has held that an act or omission is ``willful'' if it is a conscious and deliberate act or omission, whether or not there is
- http://www.fcc.gov/fcc-bin/audio/DA-11-209A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-209A1.pdf
- Rcd 4983 (MB 2010) (``NPRM''). Id. at 4984 4. See Comments of Connoisseur Media, LLC, filed July 6, 2010. Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, Pacific Junction, Iowa, MB Docket No. 10-108, Report and Order (Proceeding Terminated), 25 FCC Rcd 16253 (Audio Division, MB 2010). 47 U.S.C. 309(j)(3)(A), (D). See 47 C.F.R. 1.2104(g)(2), 1.2108(d)(1), 1.2109(a). See, e.g., Morris Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 3179, 3194-95 at 34-35 (2008), aff'd, 566 F.3d 184 (D.C. Cir. 2009) (upholding denial of request for waiver of installment payment rules where licensee defaulted on its installment payment obligations and licenses automatically cancelled by operation of Commission's rules); see PCS Partners, L.P., Petition for Waiver
- http://www.fcc.gov/ogc/documents/opinions/1999/99-5063.html
- See In the Matter of the Implementation of Section 309(j) of the Communications Act--Competitive Bidding, Fifth Report and Order, FCC 94-178, 9 F.C.C.R. 5532 (July 15, 1994), 1994 WL 372170 (F.C.C.) 81 ("If the Commission denies all petitions to deny, and is otherwise satisfied that the applicant is qualified, the license(s) will be granted to the auction winner."); 47 C.F.R. 1.2108(d)(1) ("If the Commission determines that . . . an applicant is qualified . . . it will grant the application."). NextWave cites Mobile Communications Commission v. FCC, 77 F.3d 1399 (D.C. Cir. 1995), as demonstrating that the FCC has no obligation to grant the license at the bid-upon price. MCC v. FCC, however, dealt not with the FCC's decision that
- http://www.fcc.gov/ogc/documents/opinions/2000/99-11294.html
- and necessity.") (emphasis added); 47 C.F.R. 24.804(a) (1995) ("Authorizations will be granted upon proper application if: (1) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions; (2) There are frequencies available to provide satisfactory service; and (3) The public interest, convenience or necessity would be served by a grant.") (emphasis added); see also 47 C.F.R. 1.2108(d)(1) (1995) ("If the Commission determines that: (1) an applicant is qualified and there is no substantial and material issue of fact concerning that determination, it will grant the application."); In re Implementation of Section 309(j) of the Communications Act-Competitive Bidding, Fifth Report and Order, 9 F.C.C.R. 5532 81, 1994 WL 372170 (July 15, 1994) ("If the Commission denies all petitions
- http://www.fcc.gov/transaction/telecorp-tritel/alpine_reply082800.pdf
- COMMISSION Washington, DC 20554 In the Matter of )) Applications of TeleCorp PCS, Inc., ) WT Docket No. 00-130 Tritel, Inc. and Indus, Inc. Seeking FCC ) DA 00-1589 Consent to Transfer Control of, or Assign ) Broadband PCS and LMDS Licenses ) REPLY COMMENTS OF ALPINE PCS, INC. Pursuant to FCC Public Notice DA 00-1589 and Sections 1.939 and 1.2108 of the FCC's rules, Alpine PCS, Inc. ("Alpine")1 files this brief reply in support of the "Comments on or, in the Alternative, Petition to Deny of Nextel Communications, Inc." ("Nextel"), filed on August 16, 2000 in the captioned proceeding. In its Comments, Nextel requests that the Commission take a close look at both the present and post-merger structure of the
- http://www.fcc.gov/transaction/telecorp-tritel/apline_amended082800.pdf
- COMMISSION Washington, DC 20554 In the Matter of )) Applications of TeleCorp PCS, Inc., ) WT Docket No. 00-130 Tritel, Inc. and Indus, Inc. Seeking FCC ) DA 00-1589 Consent to Transfer Control of, or Assign ) Broadband PCS and LMDS Licenses ) REPLY COMMENTS OF ALPINE PCS, INC. Pursuant to FCC Public Notice DA 00-1589 and Sections 1.939 and 1.2108 of the FCC's rules, Alpine PCS, Inc. ("Alpine")1 files this brief reply in support of the "Comments on or, in the Alternative, Petition to Deny of Nextel Communications, Inc." ("Nextel"), filed on August 16, 2000 in the captioned proceeding. In its Comments, Nextel requests that the Commission take a close look at both the present and post-merger structure of the