FCC Web Documents citing 1.2111

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.txt
  • to spectrum lessees will also be modified or eliminated. See, e.g., 47 C.F.R § 203. See, e.g., 47 C.F.R §§ 90.665; 90.685. We require this type of annual reporting requirement for the Guard Band Manager, and we will make it publicly available. See 700 MHz Second Report and Order, 15 FCC Rcd at 5333 (¶¶ 79-80). See 47 C.F.R. § 1.2111(d). See, e.g., CMRS Partitioning and Disaggregation Order, 11 FCC Rcd at 21851-55 (¶¶31-36), 21861-62 (¶¶ 51-55); Part 27 Report and Order, 12 FCC Rcd at 10838-39 (¶¶ 101-103). See id. Id. Id. Under Section 202 of the Act, non-discrimination requirements are placed upon common carriers. See 47 U.S.C. § 202. Violations of Section 202 are subject to enforcement under Section
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-63A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-63A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-63A1.txt
  • (paras. 97-99, 102), citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48 (paras. 23-24). Id. at 10836 (para. 97). 47 C.F.R. § 27.15(b)(1); see also ULS Report and Order, 13 FCC Rcd at 21078-83 (paras. 109-122). 47 C.F.R. § 27.15(c); see also Part 27 Report and Order, 12 FCC Rcd at 10838-39 (par. 101); 47 C.F.R. § 1.2111. Part 27 Report and Order, 12 FCC Rcd at 10836 (para. 96) (concluding that the specific rules pertaining to partitioning and disaggregation in WT Docket No. 96-148 should apply to 2.3 GHz licensees); see also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, 21865 (paras. 42, 62-63); LMDS Fourth Report and Order, 13 FCC Rcd 11655, 11664-66
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-15A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-15A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-15A1.txt
  • ``blocks'' of spectrum licensed to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus the possibility of harmful interference increases). 47 C.F.R. § 27.15. Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. 47 C.F.R. § 1.1307. See, e.g., 47 C.F.R. § 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. § 1.924. We will discuss FAS coordination in the section describing coordination with Government incumbents. See infra at Section III.E.3. Cf. Section 22.940(a)(2)(I) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See LMDS Second Report and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.txt
  • 309(j)(4)(d) of the Act. Accordingly, we plan to initiate a Notice of Inquiry regarding a number of topics related to the provision of spectrum-based service to rural areas. We seek comment on the advantages and disadvantages of allowing partitioning and disaggregation in these bands. In addition, we seek comment on our proposal to apply the unjust enrichment provisions of Section 1.2111 of our Rules in the event a licensee that received a bidding credit chooses to partition its license or disaggregate its spectrum to an entity that is not eligible for such a bidding credit. Technical and Operational Rules Regulation Under Part 101 Loea and the commenters propose that we regulate these bands under Part 101 of our Rules. We tentatively
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
  • of the Commission's Rules to License Services in the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-8, Report and Order, 17 FCC Rcd 9980, 9991 ¶ 18 (2002) (27 MHz Report and Order). 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. See 47 C.F.R. Part 1, Subpart F. 47 C.F.R. Part 20; see also 47 C.F.R. § 27.3(g). 47 C.F.R. Part 101. See, e.g., 47 C.F.R. §§ 24.236, 24.237 (broadband PCS). These provisions provide flexibility for licensees to employ other measures to limit or prevent interference , such as use of robust technologies, partitioning the use of frequencies, taking advantage of
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-325A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-325A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-325A1.txt
  • nn. 1-2; FCC Report to Congress on Spectrum Auctions, Report, 13 FCC Rcd 9601, 9627-9628 (1997) (``FCC Auctions Report''). The rules for partition and disaggregation are promulgated on a service-specific basis. Supra n. 32. Each of these service-specific rules cross-reference the Commission's Part 1 competitive bidding rules regarding unjust enrichment in the context of partition and disaggregation. 47 C.F.R. § 1.2111(e). See, e.g., Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Order on Reconsideration, 13 FCC Rcd 4856, 4902, ¶ 103 (1998) (``[T]he Commission consistently has
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.txt
  • MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-08, Notice of Proposed Rule Making, 17 FCC Rcd 2500, 2535 ¶¶ 89-90 (2002). See Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) (Secondary Markets Report and Order), Erratum, 18 FCC Rcd 24817 (2003). Id. at 20643-44 ¶ 84. Id. (Note 181 contains a complete listing of services that were included in the Secondary
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • for the entire market, the subject license would cancelled automatically and would revert to the Commission. See 47 C.F.R. §§ 1.955(a)(2), 1.948, 101.56. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 405 (1997); 47 C.F.R. § 1.2111. See, e.g., 47 C.F.R. § 101.535(b)(1). First NPRM and Order, 11 FCC Rcd at 4,977 ¶ 99. Report and Order and Second NPRM, 12 FCC Rcd at 18,636 ¶ 76. Id. Id. 47 C.F.R. § 101.135. 47 C.F.R. § 101.603; see Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.txt
  • on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see § 1.2110(f)(1)-(2)), a new entrant bidding credit (see § 73.5007), a bid withdrawal or default payment obligation (see § 1.2104(g)), a tribal land bidding credit limit (see § 1.2110(f)(3)(iv)), or a size-based bidding credit unjust enrichment payment obligation (see § 1.2111(d),(e)(2)-(3)), or for any other determination required by the Commission's rules or procedures. * * * * * 3. Amend § 1.2104 by revising paragraphs (c), (g)(1), and (g)(2); removing paragraph (g)(3); and adding paragraph (j) to read as follows: § 1.2104 Competitive bidding mechanisms. * * * * * (c) Reserve Price. The Commission may establish a reserve price or
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.txt
  • MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-08, Notice of Proposed Rule Making, 17 FCC Rcd 2500, 2535 ¶¶ 89-90 (2002). See Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) (Secondary Markets Report and Order), Erratum, 18 FCC Rcd 24817 (2003). Id. at 20643-44 ¶ 84. Id. (Note 181 contains a complete listing of services that were included in the Secondary
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.txt
  • 6703 (2006) (Order on Reconsideration of Designated Entity Second Report and Order); 47 C.F.R. § 1.2110(b)(3)(iv)(A). 47 C.F.R. § 1.2110(b)(3)(iv)(A). See generally D Block Waiver Order. See Second Report and Order, 22 FCC Rcd at 15428-79 ¶¶ 386-553. See Designated Entity Second Report and Order; Order on Reconsideration of the Designated Entity Second Report and Order; 47 C.F.R. §§ 1.2110, 1.2111, 1.2112, 1.2114. This attribution requirement based on D Block arrangements will affect the designated entity's ongoing eligibility for designated entity benefits. See, e.g., Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; Order on Reconsideration of Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2259A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2259A1.txt
  • on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. § 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. C/F Block Sixth Report and Order, ¶ 51; 47 C.F.R. § 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply at 5. See 47 C.F.R. § 1.2111. See 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2443A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2443A1.txt
  • Paragraph I. INTRODUCTION 1 B. Royal and Southwest 8 II. Discussion 11 A. Statutory Authority 11 B. Qualifications and Eligibility 13 1. Eligibility of Commonly Controlled Affiliates 19 2. Permissible Growth 24 3. Qualifying Investors' Equity Requirements 30 4. Unjust Enrichment 42 a. TeleCorp's Licenses 43 b. Other C Block Licenses 44 c. Other F Block Licenses 45 d. Section 1.2111(a) Disclosure Requirements 51 5. Reversionary interest 54 C. Public Interest Analysis 58 1. Competitive Framework 59 2. Analysis of Potential Adverse Effects 59 a. Domestic Mobile Voice Telephone Services 60 i. Overlapping Interests 61 ii. Spectrum Cap Issues 63 3. Public Interest Benefits 66 III. CONCLUSION 68 IV. Ordering clauses 69 APPENDIX A - Parties Filing Comments INTRODUCTION In this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2757A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2757A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2757A1.txt
  • Exhibit 1 at 2. See Application, Exhibit 1 at 10. Affiliates of Eliska hold PCS licenses won in Auction No. 22; these licenses are not yet in service. See Application, Exhibit 2 at 6. See Application, Exhibit 1 at 2. Because the licenses were granted through competitive bidding more than three years ago, the parties are not required under section 1.2111(a) of the Commission's rules to file the Agreement. See 47 C.F.R. § 1.2111(a). See 47 U.S.C. § 310(d). See Letter from Jonathan Cohen, Esq. and David Judelsohn, Esq., Wilkinson Barker Knauer LLP, to Lauren Kravetz, Esq., Commercial Wireless Division, Federal Communications Commission (dated June 26, 2000). See Sonera Holding B.V. and Eliska Wireless Ventures License Subsidiary I, L.L.C., Petition for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2820A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2820A1.txt
  • File Nos. 01984-WS-L-97, 02084-WS-L-97, 02085-WS-L-97, 02086-WS-L-97, 02087-WS- L-97, 02088-WS-L-97, 02089-WS-L-97, 02090-WS-L-97, and 02091-WS-L-97. These applications were granted on July 21, 1997. See FCC Announces the Grant of Wireless Communications Service ("WCS") Licenses, Public Notice, DA 97-1552 (rel. July 21, 1997). 45 Public L. No. 106-259, 114 Stat. 656 § 8149. 47 See Public Interest Statement at 20-22. 48 S«?47C.F.R. § 1.2111 (d). 24698 Federal Communications Commission_______DA 00-2820 3. Competitive Issues 16 CIRI and VoiceStream subsidiaries are both licensed to provide PCS services. The Applicants indicate that the licenses for which control is to be transferred to VoiceStream overlap existing VoiceStream licenses in 62 markets.49 None of the overlaps, however, implicate the Commission's spectrum aggregation limits'0 because VoiceStream is already attributed with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2863A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-721A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-721A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-721A1.txt
  • document that explains precisely how the parties intend to operate Cellco or LASLP. USCC submits that, in the absence of such documents, the Commission cannot determine whether a grant of the Applications would be in the public interest. We disagree. The Commission's rules do not require the routine submission of underlying contracts and other documents in this case. Under section 1.2111 of the Commission's rules, a reporting requirement of this nature is only imposed when an applicant is ``seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure(.'' A review of our records indicates that none of the subject licenses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1235A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1235A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1235A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1246A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1246A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1246A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1305A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1308A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1320A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1320A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1320A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1356A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1356A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1356A1.txt
  • assigned has been paid in full. Approval is also conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Upon receipt of the notification required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment ``complete'' and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1444A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1444A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1444A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1452A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1452A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1452A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1493A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1576A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1576A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1576A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1588A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1588A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1588A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1589A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1589A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1589A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1676A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1676A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1676A1.txt
  • assigned has been paid in full. Approval is also conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Upon receipt of the notification required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment ``complete'' and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1676A1_Erratum.doc
  • assigned has been paid in full. Approval is also conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Upon receipt of the notification required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment ``complete'' and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1707A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1707A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1707A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1708A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1708A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1708A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1709A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1709A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1709A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1720A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1720A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1720A1.txt
  • assigned has been paid in full. Approval is also conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Upon receipt of the notification required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment ``complete'' and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1739A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1739A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1740A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1740A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1837A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1837A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1837A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1838A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1838A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1838A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1873A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1873A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1873A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1892A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1892A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1892A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-194A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-195A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-195A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2012A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2012A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2012A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2015A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2015A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2015A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2157A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2170A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2170A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2170A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2175A1.txt
  • (1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203 (2000); see also 47 C.F.R. §1.2111 (2000). See C/F Block Sixth Report and Order, 15 FCC Rcd at 16,290, ¶ 49, and 16,308-15, Appendix D. 47 U.S.C. § 309(j). See C/F Block Sixth Report and Order, 15 FCC Rcd at 16,290, ¶ 50. See 47 C.F.R. §§ 24.714(a) and 24.839(a) (2000). 47 C.F.R. § 24.714(a)(1) (2000). 47 C.F.R. § 0.331 (2000). Letter to Christine M. Crowe,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2214A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2214A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2271A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2271A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2271A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2272A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2272A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2272A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2301A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2301A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2301A1.txt
  • assigned has been paid in full. Approval is also conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Upon receipt of the notification required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment ``complete'' and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2363A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2363A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2363A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2364A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2364A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2460A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2460A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2460A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2461A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2461A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2461A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2504A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2504A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2504A1.txt
  • in return, have all of the outstanding debt on those licenses forgiven; or (iii) a prepayment option pursuant to which the licensee could retain or return as many licenses it desired Id. at 1518-1529 ¶¶ 33-54. See, e.g., Wireless Telecommunications Bureau Grants Consent to Assign 218-219 MHz Service License, Public Notice, DA 01-865 (April 6, 2001). See 47 C.F.R. § 1.2111(c), (d). 47 C.F.R. § 1.948(d). (...continued from previous page) (continued....) Federal Communications Commission DA 01-2504 Federal Communications Commission DA 01-2504 \ ] À Á � � � � � � „0ý „0ý „0ý „0ý „0ý „0ý „0ý u ÿÿ ÿÿ
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2597A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2597A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2597A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2598A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2598A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2598A1.txt
  • d/b/a Verizon Wireless: Partitioned Market B436 - Sumter, SC; BTA (C Block); File No. 0000460564. execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2599A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2599A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2599A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2600A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2600A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2600A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2611A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2611A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2611A1.txt
  • transfer of control or assignment of C- and F-block broadband PCS licenses unless certain conditions are met, including the filing of the application for assignment or transfer of control no sooner than five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the Commission's rules requires that unjust enrichment payments be made to the Commission in circumstances in which C- and F-block licenses are transferred or assigned prior to five years from the date of initial license grant. One commenting party suggested that ``the Commission can preserve the integrity of the entrepreneur's block'' by extending these prohibitions as a condition for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2671A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2671A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2671A1.txt
  • OK, BTA (B Block); B280C1 - Marion, IN, BTA (C Block); B204 - Indianapolis, B235 - Layayette, IN, BTA (F Block); File No. 0000433588. Panther Wireless, L.L.C. to Cascade Wireless, LLC: Markets B151 - Ft Myers, B313 - Naples, FL; BTA (F Block); File No. 0000433591. required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2672A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2672A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2672A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2673A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2673A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2673A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2690A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2690A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2690A1.txt
  • considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. The approval of each assignment is conditioned upon the execution of loan documents by the assignor and full payment of the required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §§ 1.2111(c) and (d). In addition, the approval is conditioned upon the assignor's execution of the applicable financing statements (i.e., the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2765A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2765A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2765A1.txt
  • Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 309, 310(d), that the Applications filed by Chadmoore Wireless Group, Inc, to assign its licenses to various subsidiaries of Nextel Communications, Inc., IS GRANTED. IT IS FURTHER ORDERED, pursuant to section 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. § 310(d), and sections 0.331, 1.2110(g) and 1.2111(c) of the Commission's rules, 47 C.F.R. §§ 0.331, 1.2110(g), 1.2111(c), that the approval herein of the assignment of ULS File No. 0000556486, which pertains to sixteen 900 MHz licenses that remain on the installment payment plan is CONDITIONED upon payment in full of all amounts owed to the United States for these licenses on or before consummation of the contemplated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-293A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-293A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-293A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2992A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2992A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2992A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2993A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2993A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2993A1.txt
  • Kansas City, B393 - St. Joseph, MO; B332 - Omaha, NE; BTA (F Block); File No. 0000654835. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). ABC Wireless, L.L.C. - ABC Wireless, L.L.C. to Cascade Wireless, LLC: Markets B015 - Anderson, B280C2- Marion, B309 - Muncie, B373 - Richmond, IN; BTA (C Block) Auction 22; File No. 0000653043. Zuma/Lubbock, Inc - Royal Wireless, L.L.C. to Cascade Wireless, LLC: Market B264C2 -Lubbock, TX; BTA (C Block) Auction 22; File No. 0000654739. Zuma/Odessa, Inc - Royal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3027A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3027A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3027A1.txt
  • Company to Cascade Wireless, LLC: Market B422 - Sioux Falls, SD; BTA (F Block); File No. 0000641494. The above referenced applications are subject to the following condition: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-367A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-367A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-367A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-3A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-457A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-457A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-457A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-481A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-481A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-481A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-515A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-515A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-515A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-556A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-556A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-556A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-557A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-557A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-557A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-603A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-603A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-603A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-633A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-633A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-633A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-634A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-634A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-634A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-634A1_Erratum.doc
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-746A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-746A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-746A1.txt
  • non-tax debt owed to any Federal agency at the time the applicant files its FCC Form 175, the applicant will not be able to make the certification required by Section 1.2105(a)(2)(x) of the Commission's rules and will not be eligible to participate in Auction No. 39. 47 C.F.R. §§ 1.2110; 1.2105(a)(2)(x). See 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 1.2111(d), (e)(2)-(3). See 47 C.F.R. § 1.2105(a). See 47 C.F.R. § 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-789A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-789A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-790A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-790A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-790A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-807A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-807A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-807A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-844A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-844A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-844A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-865A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-865A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-865A1.txt
  • assigned has been paid in full. Approval is also conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date. Upon receipt of the notification required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, including execution of the appropriate documents, the Bureau will consider the assignment ``complete'' and will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-881A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-881A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-881A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-881A1_Erratum.doc
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-89A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-89A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-89A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-90A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-90A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-915A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-915A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-915A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-916A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-916A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-916A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-972A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-972A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-972A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1095A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1095A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1095A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1243A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1243A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1243A1.txt
  • Specifically, section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of C-block broadband PCS licenses unless the filing of the application for assignment or transfer of control occurs five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the Commission's rules requires that unjust enrichment payments be made to the Commission in circumstances in which C-block licenses are transferred or assigned prior to five years from the date of initial license grant. Because both of these restrictions were intended to coincide with the licensee meeting the five-year construction requirement, we extend the prohibition of section 24.839 against
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1342A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1342A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1342A1.txt
  • Specifically, section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of F-block broadband PCS licenses unless the filing of the application for assignment or transfer of control occurs five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the Commission's rules requires that unjust enrichment payments be made to the Commission in circumstances in which F-block licenses are transferred or assigned prior to five years from the date of initial license grant. Because both of these restrictions were intended to coincide with the licensee meeting the five-year construction requirement, we extend the prohibition of section 24.839 against
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1343A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1343A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1343A1.txt
  • Specifically, section 24.839(a) of the Commission's rules prohibits the transfer of control or assignment of F-block broadband PCS licenses unless the filing of the application for assignment or transfer of control occurs five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the Commission's rules requires that unjust enrichment payments be made to the Commission in circumstances in which F-block licenses are transferred or assigned prior to five years from the date of initial license grant. Because both of these restrictions were intended to coincide with the licensee meeting the five-year construction requirement, we extend the prohibition of section 24.839 against
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1579A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1579A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1579A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-163A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1665A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1665A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1665A1.txt
  • Corp. to Cricket Licensee XVI, Inc.: Market B314C1 - Nashville, TN; BTA (C Block); File No. 0000855116. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1714A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1714A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1714A1.txt
  • Inc. to Cricket Licensee XIII, Inc.: Market B174F - Greensboro, NC; BTA (F Block); File No. 0000854865. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1917A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1917A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1917A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1927A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1927A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1927A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1988A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1988A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1988A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2180A1.txt
  • to United States Cellular Operating Company: Market B272F - Madison, WI, BTA (F Block); File Number 0000925504. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these transfers of control because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2181A1.txt
  • B037F - Bemidju, B481F - Worthington, MN, B464F - Watertown, SD; BTA (F Block); File No. 0000902746. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2229A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2229A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2229A1.txt
  • - Brainerd, MN; BTA (D Block); B142F - Fergus Falls, MN; BTA (F Block); File No. 0000902756. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2313A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2313A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2313A1.txt
  • Block - Auction 22); B022F -- Athens, GA, BTA (F Block - Auction 35); File No.: 0000924075. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2621A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2621A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2621A1.txt
  • Telemetry Network, Inc. to Baltimore 218, LLC: Market M014B - Baltimore, MD; BTA (IVDS); File No. 0000943085. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this transfer of control because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2625A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2625A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2625A1.txt
  • to Triton PCS License Company L.L.C.: Market B141F - Fayetteville, NC; BTA (F Block); File No. 0000967526. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-280A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-280A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-280A1.txt
  • WI, BTA (F Block); File No. 0000581610. Northeast Nebraska Telephone Company to TeleCorp Holding Corp. II, L.L.C.: Market B421F - Sioux City, IA; BTA (F Block); File No. 0000584174. The approval of the applications granted herein is conditioned upon payment in full of any amount owed to the United States for these licenses on or before consummation. See 47 C.F.R. §1.2111(c). We approve these assignments because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using a FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2843A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2843A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2843A1.txt
  • control: U.S. Telemetry-Amarillo, L.L.C. to Cyberforce, LLC: Market M188B - Amarillo, TX; BTA (IVDS); File No. 0001051044. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this transfer of control because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2844A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2844A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2844A1.txt
  • Communications Corporation to Poplar PCS-Pueblo, LLC: Market B366F - Pueblo, CO; BTA (F Block); File No. 0000925141. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3081A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3081A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3081A1.txt
  • AWS and Cingular state that five-year build-out notifications have been filed for all the C and F block licenses implicated in the assignment applications. AWS and Cingular acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments or transfers of control and any other payments otherwise required by Section 1.2111 of the Commission's rules will be required to be made immediately prior to closing. GENERAL INFORMATION The assignment and transfer of control applications referenced herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-308A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-308A1.txt
  • Group, Inc. to TMP Jacksonville, LLC: Market B213 - Jacksonville, IL; BTA (C Block); File No. 0000601103. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that "the Commission shall be notified by letter of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3133A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3133A1.txt
  • License Sub, Inc.: Markets B136F - Fairbanks, B221F - Juneau, AK; BTA (F Block); File No. 0000883418. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3217A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3217A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3217A1.txt
  • Poplar PCS-Arkansas, LLC to Poplar-Russellville, LLC: Market B387F - Russellville, AR; BTA (F Block); File No. 0000931808. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-331A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-331A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-331A1.txt
  • U.S.C. §§ 214, 310(d). 47 C.F.R. §§ 0.261, 0.331. TeleCorp PCS, Inc. and AT&T Wireless Services, Inc, Seek FCC Consent to Transfer Control of Licenses, WT Dkt. No. 01-315, Public Notice, 16 FCC Rcd. 19,557 (rel. Nov. 8, 2001) (``Acceptance PN''). See 47 U.S.C. §§ 214, 310(d). See 47 C.F.R. §§ 1.2110(d), 24.709. See id. § 20.6. See id. § 1.2111(c), (d). File No. 0000634850 has been designated as the lead application in this transaction, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application are available through this file number. This application is attached to file no. 0000634850. This application is attached to file no. 0000634859. This application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3411A1.txt
  • to Advance Communications Technology, Inc.: Market B369F1 - Rapid City, SD; BTA (F Block); File No. 0000967407. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3412A1.txt
  • BTA (F Block); WPNN586, WPOR250, WPOR251, WPOR252, WPOR253, WPOR254, WPOR255 and WPOR256; BTA (CF); File No. 0001030848. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these transfers of control because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3513A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3513A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3513A1.txt
  • Alliance to Cable & Communications Corporation: Market B041F9 - Billings, MT; BTA (F Block); File No. 0000895002. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-359A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-359A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3605A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3605A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3605A1.txt
  • A. Adams: Markets BV151F - Ft. Myers, B313F - Naples, FL; BTA (F Block): File No.: 0000974995. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Lone Star Wireless, LLC-Wayne M. Perry to Don A. Adams: Markets B347C1 - Phoenix, AZ, B372C3 - Reno, NV; BTA (C Block); File No.: 0000974484. Zuma/Lubbock, Inc.-Wayne M. Perry to Don A. Adams: Market B262C2 - Lubbock, TX; BTA (C Block); File No.: 0000975001. Zuma/Odessa, Inc.-Wayne M. Perry to Don A. Adams: Market B327C2 - Odessa, TX; BTA
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-546A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-546A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-546A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-547A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-547A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-547A1.txt
  • Laurel, MS; BTA292C1 - Meridian, MS; BTA302C - Mobile, AL; BTA343C - Pensacola, FL: File No. 0000673265. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these transfers of control because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-694A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-694A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-694A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-825A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-825A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-825A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-826A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-826A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-826A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees. Assignment or transfer of control: unjust enrichment. Section 1.2111 of the Commission's rules contains the procedures and reporting requirements for assigning or transferring licenses. This section also contains the rules for partitioning a license and disaggregating spectrum, including the related matters of unjust enrichment, bidding credits, installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(c)(2) of the Commission's rules, the Part 1 definition of ``controlling interest'': 22.223(e); 22.225(e); 24.321(b); 26.4; 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b). We also modify section 24.709 to clarify its applicability to existing licensees. Assignment or transfer of control: unjust enrichment. Section 1.2111 of the Commission's rules contains the procedures and reporting requirements for assigning or transferring licenses. This section also contains the rules for partitioning a license and disaggregating spectrum, including the related matters of unjust enrichment, bidding credits, installment payments, the length of the license term, and construction requirements. The following service-specific rules, which are redundant with all or part of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-867A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-867A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-867A1.txt
  • - Disaggregation of 10 MHz); File No. 0000718942. Summit Wireless Billings, LLC to AT&T Wireless PCS, LLC: Market B041C - Billings, MT; BTA (C Block -Disaggregation of 20 MHz ); File No. 0000718957 Consent of the above referenced applications is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using a FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-887A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-887A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-887A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 2 2 2 2 j ž 2 î î î Ò 2 2 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17 Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC ) ) ) ) ) ) ) ) ) ) ) ) File No. 0000721683 ORDER Adopted: April 17, 2002 Released: April 17,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-895A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-895A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-895A1.txt
  • for consent to assign 15 LMDS licenses (FCC Call Signs WPOH628, WPOH635, WPOH626, WPOH629, WPOH623, WPOH636, WPOH627, WPOH631, WPOH632, WPOH630, WPOH634, WPOH625, WPOH633, WPOH624, and WPOH637) from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC is granted, subject to the full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(d). Pursuant to Section 310(d) of the Act, and Section 0.331 of the Commission's rules, the Wireless Telecommunications Bureau approves the referenced applications requesting Commission consent to assign the Part 101 licenses currently held by the Winstar Licensees to Winstar Spectrum, LLC, subject to the conditions set forth above. The Bureau finds, upon consideration of the record, that the proposed assignments,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-939A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-939A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-939A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-969A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-969A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-969A1.txt
  • installment payment may not be in the non-delinquency period or grace period. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Third Report and Order and Second Further Notice of Proposed Rulemaking, 13 FCC Rcd 374 (1997). In addition, there must be no outstanding fees, including late fees, due to the Commission. See 47 C.F.R. §§ 1.2111(c) and (d). See 47 C.F.R. §1.948(d). 9 : è é ÂöÃÿ‰PNG > É!´R>^ÒïS›Sß¿†"KækÆý˜÷¯‡er4 ÐJùdM¿O­O ° ˜,I TV¨Û5 0Žz̪ƒ§ ×õ£ %âo� ²Š í Ëa¼% Tf(c) U~íðUyÈÓšî�o=‚cŒ {ýYAD ÒÙÔZv¦}²YAD e/‰,Ê-Ê%E9 ^1ŽJ 2‹Ð bʆPh=f 8H‡]}¢È`£Ö2@ ¸áí'ÿßäÅXÂt‹p¤O À �þ$‰�>ÉûŸ -¦mË``›Q(q P² �Èðe D ç_ûˆ pÐ/]b|?¥O� V�¹Jõ tXT€‡ßeè 2)ÀV``þ (c)}ÐlætmE...bÏ¡ gs½>o³óØ(R)"q¤Q ܆ÄëëžD N žä- >ÌürºKp¸´-~i�fƒMÌà z} �¯žé tm¿ž(c)íëcv `ññä 0i 0i 0i 0i 0i 0i
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1091A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1091A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1091A1.txt
  • du Lac, B276F - Manitowoc, B417F - Sheboygen, B466F - Wausau, WI; BTA (F Block); File No.0001101130. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this transfer of control application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1098A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1098A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1098A1.txt
  • Columbia, MO, IVM253B (KIVD435) - Sioux City, NE, IVM267B (KIVD0462) - Sioux Falls, SD, File No. 0001044171. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license applications because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1102A1.txt
  • 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 309, 310(d), that the Applications filed by Northcoast Communications, LLC, to assign its licenses to Cellco Partnership d/b/a Verizon Wireless, ARE GRANTED, conditioned upon full payment of any required unjust enrichment payments on or before the consummation date, pursuant to section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c), (d). IT IS FURTHER ORDERED that this proceeding (WT Docket No. 03-19) IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau Application of New York PCS Holding, LLC and Cellco Partnership d/b/a Verizon Wireless for Assignment of Authorization, filed Dec. 31, 2002, ULS File No. 0001138904;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1102A1_Erratum.doc
  • 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 309, 310(d), that the Applications filed by Northcoast Communications, LLC, to assign its licenses to Cellco Partnership d/b/a Verizon Wireless, ARE GRANTED, conditioned upon full payment of any required unjust enrichment payments on or before the consummation date, pursuant to section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c), (d). IT IS FURTHER ORDERED that this proceeding (WT Docket No. 03-19) IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau Application of New York PCS Holding, LLC and Cellco Partnership d/b/a Verizon Wireless for Assignment of Authorization, filed Dec. 31, 2002, ULS File No. 0001138904;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1125A1.txt
  • LLC to CCPR Paging, Inc.: Market: B488F - San Juan, PR, BTA (F Block), File No. 0001151493. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). In addition, the approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1125A1_Erratum.doc
  • LLC to CCPR Paging, Inc.: Market: B488F - San Juan, PR, BTA (F Block), File No. 0001151493. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). In addition, the approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1173A1.txt
  • Cellular, Inc. d/b/a Pine Belt Wireless: Market: B415C - Selma, AL, BTA (C Block), File No. 0001191849. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). In addition, the approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A1.txt
  • licensee filings are classified as ``major'' or ``minor.'' Staff recommends that the Commission consider modifying Section 1.929(c)(4)(v) and/or 1.929(k) to specify that the deletion of a site from a multi-site license in the Private Land Mobile Radio Service (PLMRS) is a ``minor'' change that requires neither frequency coordination (pursuant to a Form 601 filing) nor the Commission's prior approval. Section 1.2111(a) filing requirements for applications for transfers of control or assignment of licenses. Staff recommends that the Commission consider revising section 1.2111(a) to eliminate the requirement that an applicant seeking approval for a transfer of control or assignment of a license within three years of receiving the license through competitive bidding file transaction documents with the Commission. Part 17 rules. WTB
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A1_Erratum.doc
  • licensee filings are classified as ``major'' or ``minor.'' Staff recommends that the Commission consider modifying Section 1.929(c)(4)(v) and/or 1.929(k) to specify that the deletion of a site from a multi-site license in the Private Land Mobile Radio Service (PLMRS) is a ``minor'' change that requires neither frequency coordination (pursuant to a Form 601 filing) nor the Commission's prior approval. Section 1.2111(a) filing requirements for applications for transfers of control or assignment of licenses. Staff recommends that the Commission consider revising section 1.2111(a) to eliminate the requirement that an applicant seeking approval for a transfer of control or assignment of a license within three years of receiving the license through competitive bidding file transaction documents with the Commission. Part 17 rules. WTB
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • Association (RCA) submitted Reply Comments in support of CTIA's recommendation. Section 1.2110 - Designated Entity Status of rural telephone cooperatives. The National Telecommunications Cooperative Association (NTCA) suggests that the Commission revise section 1.2110 of its rules to exclude rural telephone cooperatives from the rule that defines officers and directors as controlling interests for purposes of determining designated entity status. Section 1.2111(a) - Filing of transaction documents for applications for transfers of control or assignment of licenses. CTIA also recommends, and RCA concurs, that the Commission eliminate the requirement that applicants for transfers of control or assignments of licenses obtained through competitive bidding file transaction documents with the Commission, as set forth in section 1.2111(a) of it rules. CTIA believes that this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • Association (RCA) submitted Reply Comments in support of CTIA's recommendation. Section 1.2110 - Designated Entity Status of rural telephone cooperatives. The National Telecommunications Cooperative Association (NTCA) suggests that the Commission revise section 1.2110 of its rules to exclude rural telephone cooperatives from the rule that defines officers and directors as controlling interests for purposes of determining designated entity status. Section 1.2111(a) - Filing of transaction documents for applications for transfers of control or assignment of licenses. CTIA also recommends, and RCA concurs, that the Commission eliminate the requirement that applicants for transfers of control or assignments of licenses obtained through competitive bidding file transaction documents with the Commission, as set forth in section 1.2111(a) of it rules. CTIA believes that this
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1451A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1451A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1451A1.txt
  • - Greenville, B178C2 - Greenwood, B335C2 - Orangeburg, B436C2 - Sumter, SC, BTA (C Block), File No.0001108216. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). In addition, the approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1523A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1523A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1523A1.txt
  • those assignments state that five-year build-out notifications have been filed for each of the F block licenses implicated in the assignment applications. The Parties to those assignments acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments or transfers of control and any other payments otherwise required by Section 1.2111 of the Commission's rules will be required to be repaid immediately prior to closing. III. GENERAL INFORMATION The assignment applications referenced herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1641A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1641A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1641A1.txt
  • Personal Communications Services Licenses, Public Notice, DA 03-440 (rel. Feb. 14, 2003). See 47 U.S.C. § 310(d). ULS File No. 0001146802 has been designated as the lead application, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application are available through this file number. See 47 C.F.R. § 1.2111(c)(1). 47 C.F.R. § 1.103. Section 1.948(d) of the Commission's rules provides that ``the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation.'' Id. § 1.948(d). Id. §§ 1.106(f), 1.115(a). Footnote continued from previous page Footnote continued on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-172A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-172A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-172A1.txt
  • 35 are not closed C and F block licenses and, therefore, are not subject to the same transfer restrictions. The Northcoast Companies and Cellco acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued (installment financing payments) through the eventual date of the assignments and any other unjust enrichment payments (bidding credits) otherwise required by Section 1.2111 of the Commission's rules will be required to be made immediately prior to closing. GENERAL INFORMATION The assignment and transfer of control applications referenced herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1925A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1925A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1925A1.txt
  • B. Hewlett to J. Michel Guite: Market B282F - Marquette, MI; BTA (F Block); File No. 0001173994. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this transfer of control application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1993A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1993A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1993A1.txt
  • C.F.R. § 0.331. See AT&T Wireless Services, Inc., United States Cellular Corporation, Arnage Wireless, LLC, Skagit Wireless, LLC and ABC Wireless, LLC Seek FCC Consent to Assign Cellular and Broadband Personal Communications Services Licenses, Public Notice, WT Docket No. 03-113, DA 03-1523 (rel. May 6, 2003) (``Accepted for Filing Public Notice''). See 47 U.S.C. § 310(d). See 47 C.F.R. § 1.2111(c)(1). This application is attached to file no. 0001255862. File No. 0001255862 has been designated as the lead application in this transaction, and all pleadings and other submissions filed in this matter that pertain generally to the transaction and not to a particular application are available through this file number. This application is attached to file no. 0001255862. 47 C.F.R. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1996A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1996A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1996A1.txt
  • AT&T Wireless PCS, LLC: Markets: B280C1 - Marion, B235F - Lafayette, B204F -Indianapolis, IN; File No. 0001287114. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1997A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1997A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1997A1.txt
  • Telemetry Network, Inc. to Datex Spectrum, LLC: Market IVM294A (KIVD0496) - San Angelo, TX; File No. 0001163680. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these transfers of control applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2352A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2352A1.txt
  • L.L.C. - U.S. Telemetry Network, Inc. to Datex Spectrum, LLC: KIVD0498 (IVM295A) Midland, TX; File No. 0001266660. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this transfer of control application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2403A1.txt
  • Cellco Partnership d/b/a Verizon Wireless: Markets: B249F - Lebanon, NH, B350F - Pittsburgh, PA; File No. 0001310230. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2578A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2578A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2578A1.txt
  • Omnipoint Boston Area DE License, LLC: Market: B201F - Hyannis, MA; BTA (F Block); File No. 0001339117. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2597A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2597A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2597A1.txt
  • Public Notice, DA 02-895 (April 17, 2002) (Public Notice). Id. at 2; See Winstar Wireless Fiber Corp. and New Winstar Spectrum, LLC Request for Waiver of Sections 101.55(a), 101.63(a), 101.65(a) and (b), and 101.305(a) and (d) of the Commission's Rules, Order, DA 02-894 (rel. April 17, 2002) (Build-out Waiver Order); Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17; Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC File No. 0000721683, Order, DA 02-887 (rel. April 17, 2002) (Unjust Enrichment Order). . Build-out Waiver Order at ¶ 11; see 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2726A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2726A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2726A1.txt
  • following license: U.S. Telemetry-Amarillo, L.L.C. to Cyberforce, LLC: Market: IVM188B (KIVD0349) - Amarillo, TX; File No. 0001212173. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). In addition, the approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. Where applicable, the Bureau will send all assignors listed herein the appropriate loan documents and financing statements upon notification of the proposed consummation date.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2735A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2735A1.txt
  • as Debtor-in-Possession to Southwestern Bell Mobile Systems, LLC: Market: B429F - State College, PA; File No. 0001340256. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-284A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-284A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-284A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2857A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2857A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2857A1.txt
  • Package Bidding and Other Auction Procedures, Public Notice, DA 03-1994 at 11, 36 (rel. June 18, 2003). 47 C.F.R. § 1.2110(f)(3)(iii). Id. § 1.2110(f)(3)(iv). See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 96-148, 11 FCC Rcd 21,831, 21,866 ¶ 66 (1996); 47 C.F.R. § 1.2111(e)(3). Population figures will be taken from the 2000 U.S. Census, U.S. Department of Commerce, Bureau of the Census. See Census 2000 Summary File 1 (SF1) and July 3, 2001, News Releases covering the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2868A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2868A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2868A1.txt
  • Southwest Wireless, L.L.C. to Smith Bagley: Market: B162F - Galup, NM; BTA (F Block); File No. 0001333299. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2879A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2879A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2879A1.txt
  • Plateau Telecommunications, Inc.: Markets: MDB068 - Carlsbad, MDB087 - Clovis, MDB386 - Roswell, NM: File No. 20030609AAA The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A4.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3006A4.txt
  • Opening Bids Upfront Payments, Package Bidding and Other Auction Procedures, Public Notice, DA 03-1994 at 11, 36 (rel. June 18, 2003). 47 C.F.R. § 1.2110(f)(3)(iii). Id. § 1.2110(f)(3)(iv). See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21,831, 21,866 ¶ 66 (1996); 47 C.F.R. § 1.2111(e)(3). Population figures will be taken from the 2000 U.S. Census, U.S. Department of Commerce, Bureau of the Census. See Census 2000 Summary File 1 (SF1) and July 3, 2001, News Releases covering the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Beginning December 10, 2002, electronic filing of FCC Form 602 via ULS became mandatory. See ``Wireless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3031A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3031A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3031A1.txt
  • are subject to installment payment financing and Cingular is not a qualified designated entity. The parties propose to pay, upon consummation of the proposed transaction, a portion of the total amount owed for the licenses directly to the U.S. Treasury. Consequently, as part of its approval of the instant applications, the parties request that the Commission grant waivers of sections 1.2111 and 24.714 of its rules, or explicitly state that delivery of such payment constitutes full payment, and satisfies all conditions, required under sections 1.2111 and 24.714 of its rules. Furthermore, the parties request a waiver of section 24.724(c)(2)(ii), which requires that unjust enrichment payments be submitted to the Commission within thirty days of the release of the public notice consenting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3199A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3199A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3199A1.txt
  • License, Inc. to Key Communications, LLC: Market: B073 - Charleston, WV; BTA (C Block); File No. 0001405271. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3569A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3569A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3569A1.txt
  • (KNLG731) - Jamestown, NY; B330F (KNLG735) - Olean, NY; File No. 0001411658. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date, notwithstanding any applicable grace periods. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-418A1.txt
  • Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202) 418-0660. - FCC - 47 U.S.C. §§ 154(i), 310(d). 47 C.F.R. § 0.331. See AT&T Wireless Services, Inc. and Cingular Wireless LLC Seek FCC Consent to Assign and Transfer Control of PCS Licenses, Public Notice, DA 02-3081 (rel. Nov. 8, 2002). See 47 U.S.C. § 310(d). See 47 C.F.R. § 1.2111(c), (d). 47 C.F.R. § 1.103. Section 1.948(d) of the Commission's rules provides that ``the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation.'' Id. § 1.948(d). Id. §§ 1.106(f), 1.115(a). Footnote continued from previous page Footnote continued
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-440A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-440A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-440A1.txt
  • has been satisfied.'' The parties state that the five-year build-out notifications have been filed for all of the C and F block licenses implicated in the assignment applications. Additionally, the parties acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments and any other payments otherwise required by Section 1.2111 of the Commission's rules will be required to be made immediately prior to closing. GENERAL INFORMATION The assignment applications referenced herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's rules or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-597A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-597A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-597A1.txt
  • final stages of their respective transactions. The approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee, and the Commission unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignor or assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-741A1.txt
  • Springs, B264C1 - Lubbock, B296C1 - Midland, B327C1 - Odessa, TX; BTA (C Block); File No. 0001062567. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-828A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-828A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-828A1.txt
  • final stages of their respective transactions. The approval of each assignment is conditioned upon the execution of all Commission loan documents by the assignor, assignee, and the Commission unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignor or assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-847A1.txt
  • B304C2, Monroe, LA, B360F - Pottsville, B437F - Sunbury, PA, B489F - Mayaguez, PR, File No. 0001139259. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this transfer of control application because we it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation using
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1082A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1082A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1082A1.txt
  • Plateau Telecommunications, Inc.: Market: B191F (KNLH383) - Hobbs, NM; File No. 0001615116. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date, notwithstanding any applicable grace periods. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1146A1.txt
  • to MetroPCS Communications, Inc.: Market (KNLF559) B151C - Ft Myers, FL; BTA (C Block); File No. 0001673438. The above referenced applications are subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these transfers of control applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) of the Commission's rules provides that licensees are required to notify the Commission of consummation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1251A1.txt
  • Feb. 12, 2004). See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd. 21520 (2000). In addition, there must be no outstanding fees, including late fees, due to the Commission. See 47 C.F.R. § 1.2111(c) and (d). See 47 U.S.C. § 310(d). See 47 C.F.R. § 1.948(d). % & ) # $ % & ) - 6 A B L O P ¶ ä å æ @& @& ñÿ" ñÿ2 ñÿB ñÿR a ñÿr ñÿ‚ ñÿ' ñÿ¢ ñÿ² ñÿÂ Ñ á ñ ¤ÆÁ ­
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1554A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1554A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1554A1.txt
  • to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). (d) Unjust enrichment. 12 GHz licensees that received a bidding credit and partition their licenses to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in § 1.2111 of this chapter. (e) License term. The MVDDS license term is ten years, beginning on the date of the initial authorization grant. The license term for a partitioned license area shall be the remainder of the original licensee's license term as provided for in § 101.1413. (f) Construction requirements. Applications requesting approval for partitioning must include a certification by each
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1683A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1683A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1683A1.txt
  • Market B331F (KNLH375) - Olympia, WA; BTA (F Block); File No. 0001615074. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date, notwithstanding any applicable grace periods. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2455A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2455A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2455A1.txt
  • KNSC544, BTA 465 (B465) - Waterville-Augusta, Maine, KNSC545, BTA475 (B475) - Williamsport, Pennsylvania, KNSC358, File Number 20040719AAA. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2480A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2480A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2480A1.txt
  • and conclude that New Leap does not meet the criteria for designated entity or entrepreneur status. Therefore, the licenses in this transaction that were acquired using installment payment financing or bidding credits are subject to the Commission's unjust enrichment rules. For the reasons discussed fully below, we nonetheless grant the Applicants a limited waiver of the timing requirements of section 1.2111(c) of the Commission's rules which will facilitate Leap's bankruptcy settlement with the United States and the Commission, and, thereby, the implementation of the Applicants' Joint Plan of Reorganization. background Since its inception in 1998, Leap Wireless International, Inc. and certain of its subsidiaries (collectively, ``Leap'') acquired broadband PCS licenses through Commission auction and on the secondary market. According to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2525A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2525A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2525A1.txt
  • 12,857-858, ¶¶ 23-26 (IB 2002) (citing Request for Declaratory Ruling Concerning the Citizenship Requirements of Sections 310(b)(3) and (4) of the Communications Act of 1932, as amended, Declaratory Ruling, FCC 85-295, 103 F.C.C.2d 511 (1985), recon. in part, 1 FCC Rcd. 12 (1986); BBC License Subsidiary L.P., Memorandum Opinion and Order, 10 FCC Rcd 10968 (1995)). See 47 C.F.R. § 1.2111(c). See Application for Consent to Transfer Control, File No. ITC-T/C-20020105-00512, at p. 11 (``Cuba ... is not a destination country for purposes of this Application....''); see also Letter from Heidi Anderson, Counsel to TEM Puerto Rico, Inc., to Ms. Cynthia Bryant, Policy Division, International Bureau, FCC, dated April 30, 2002 (stating that calls to Cuba can and would be blocked
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3005A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3005A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3005A1.txt
  • Further Notice of Proposed Rule Making, 15 FCC Rcd. at 15,317, ¶ 42 (``Order on Reconsideration of the Part 1 Third Report and Order''). 47 C.F.R. § 1.2105(a)(2)(xi); Order on Reconsideration of the Part 1 Third Report and Order, 15 FCC Rcd. at 15,317, n. 142. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. See id. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. 47 C.F.R. § 1.2105(a). 47 C.F.R. § 1.2105; see also Two Way Radio of Carolina, Inc., Memorandum Opinion and Order, 14 FCC Rcd. 12,035 (1999). Letter from Margaret
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3015A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3015A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3015A1.txt
  • - Norfolk, Nebraska, BTA325 (B325) - North Platte, Nebraska, BTA014 (B014) - Anchorage, Alaska, File No. 20040729AAA. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve the assignment of authorization application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3603A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3603A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3603A1.txt
  • (B251) - Lewiston, Maine, BTA363 (B363) - Presque, Maine, BTA465 (B465) - Waterville, Maine, File No. 20040917AAA. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve the assignment of authorization application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3692A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3692A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3692A1.txt
  • the conditions set forth below, the application requesting Commission consent to assign the following license: Nucentrix Broadband Networks, Inc. (debtor-in-possession) to Rioplex Wireless, Ltd.: Market and all associated base stations: BTA268 (B268) - McAllen, TX; File No. 20030626AAB. Consent is conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve the assignment of authorization application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3867A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3867A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3867A1.txt
  • Billings, LLC, Debtor-In-Possession, and Summit Wireless, LLC, Debtor-In-Possession (the ``Summit DIPs'') together with Summit Wireless Liquidating Trust (the ``Liquidating Trust'' and collectively with Summit DIPs, the ``Applicants'') seeking approval for the assignment of broadband Personal Communication Services (``PCS'') licenses (the ``Licenses'') from the Summit DIPs to the Liquidating Trust (the ``Assignment Applications''). The Applicants also seek a waiver of section 1.2111(c) of the Commission's rules, to the extent necessary, to allow for the transfer of the Licenses from the Summit DIPs to the Liquidating Trust in accordance with the terms of a settlement between the Federal Communications Commission (``Commission'' or ``FCC'') and the debtors that is embodied in a Consent Motion filed by the Summit DIPs with the agreement and consent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-400A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-400A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-400A1.txt
  • Wireless, Inc.: Partition Market: B400F (KNLG932) -San Angelo, TX; File No. 0001498849. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date, notwithstanding any applicable grace periods. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-431A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-431A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-431A1.txt
  • ISSUES This transaction will include the assignment of MDS licenses subject to the Commission's installment payment program to Nextel. As Nextel is not eligible to assume Nucentrix DIP's installment payment plans, the Parties acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the date of consummation and any other payments otherwise required by Section 1.2111 of the Commission's rules will be required to be paid immediately prior to closing. IV. GENERAL INFORMATION The assignment applications referenced herein have been found, upon initial review, to be acceptable for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission's rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-448A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-448A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-448A1.txt
  • Virginia Cellular LLC: Market: B479F (KNLG738) - Winchester, VA; File No. 0001506642. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date, notwithstanding any applicable grace periods. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. Section 1.948(d) provides that licensees are required to notify the Commission of consummation using FCC Form 603.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-905A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-905A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-905A1.txt
  • Co. and G.W. Wireless Incorporated Partnership: Markets: BTA369-(B369) (KNSC247) (KNSD316) - Rapid City, ID, File No. 20030317AAB. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve these assignments of license applications because we find they are in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-969A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-969A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-969A1.txt
  • 452 (B452) - Tyler, TX, BTA459 (B459) Waco, TX, BTA473 (B473) Wichita Falls, TX, File No. 20040116AAA. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-969A1_Erratum.doc
  • 452 (B452) - Tyler, TX, BTA459 (B459) Waco, TX, BTA473 (B473) Wichita Falls, TX, File No. 20040116AAA. The above referenced application is subject to the following conditions: all installment payments must be current on the consummation date. Consent is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). We approve this assignment of license application because we find it is in the public interest, convenience, and necessity. See 47 U.S.C. § 310(d). By this approval, the parties are authorized to proceed to the final stages of their respective transactions. The parties to this transaction are required to notify the Commission of consummation in writing. Hence, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1042A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1042A1.txt
  • deliver to the Commission a portion of the purchase price in satisfaction of the claims against the licenses. The Applicants have requested that as part of its approval of the proposed transfer and full or partial assignments, the Commission find that delivery of this payment (including its timing) will constitute full payment, and will satisfy all conditions, pursuant to sections 1.2111 and 24.714 of the Commission's rules, or that the Commission grant waivers of these sections to the extent necessary. III. EX PARTE STATUS OF THIS PROCEEDING Pursuant to section 1.1200(a) of the Commission's rules, the Commission may adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires. We announce that this proceeding will
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1510A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1510A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1510A1.txt
  • amended, 47 U.S.C. §§ 154(i), 309(j), 310(d), the Applications, dated October 1, 2004, seeking approval for the assignment of licenses from Alpine-Michigan E, LLC, Debtor-in-Possession, Alpine-Michigan F, LLC, Debtor-in-Possession, and RFB Cellular, Inc., Debtor-in-Possession, to Dobson Cellular Systems, Inc. are GRANTED, conditioned upon full payment of any required unjust enrichment payments on or before the consummation date, pursuant to section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111. These actions are 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 Katherine M. Harris Deputy Chief, Mobility Division Wireless Telecommunications Bureau Application Assigning Licenses from Alpine-Michigan E, LLC, Debtor-in-Possession, to Dobson Cellular Systems, Inc., File No. 0001885064 (filed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • 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 1530-1544 MHz and 1626.5-1645.5 MHz, maritime mobile-satellite distress and safety communications, e.g., the Global Maritime Distress and Safety System (GMDSS),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1580A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1580A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1580A1.txt
  • Bureau: INTRODUCTION We have before us two related applications filed by Urban Comm-North Carolina, Inc., Debtor-in-Possession (``Urban Comm'') and Cellco Partnership d/b/a Verizon Wireless (``Verizon Wireless'') (collectively, the ``Applicants'') seeking Commission consent to the full or partial assignment of ten broadband Personal Communications Services (``PCS'') licenses (the ``Applications''). Each of the Applications also includes a request for waiver of sections 1.2111 and 24.714 of the Commission's rules to the extent necessary to allow for consummation of the assignment of licenses from Urban Comm to Verizon Wireless. As discussed fully below, pursuant to our review under Section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act''), we conclude that approval of the Applications will serve the public interest, convenience,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.txt
  • the comments received or as a result of ongoing review of the rules within the purview of the Bureau, staff recommends initiating a new proceeding or proceedings to consider modifying or eliminating the following rules. The modifications proposed below generally involve streamlining of procedural, technical, and operational rules for reasons that fall outside the scope of Section 11 review. Section 1.2111(a) filing requirements for applications for transfers of control or assignment of licenses. Staff continues to recommend that the Commission consider revising section 1.2111(a) to eliminate the requirement that an applicant seeking approval for a transfer of control or assignment of a license within three years of receiving the license through competitive bidding file transaction documents with the Commission. In addition,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2904A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2904A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2904A1.txt
  • Chief, Auctions & Spectrum Access Division, and Chief, Broadband Division, Wireless Telecommunications Bureau: INTRODUCTION We have before us an application filed by Communication Ventures, Inc. (``CVI'') and WinBeam, Inc. (``WinBeam'') (collectively, the ``Applicants'') seeking Commission consent to assign three Broadband Radio Service (``BRS'') licenses (the ``Assignment Application''). The Assignment Application also includes a request by CVI for waiver of Section 1.2111 of the Commission's Rules to the extent necessary to allow for consummation of the assignment of licenses from CVI to WinBeam. For the reasons stated below, we grant the Waiver Request and the Assignment Application. background In 1996, CVI was the high bidder on the BRS authorizations for the following Basic Trading Areas (``BTAs''): DuBois-Clearfield, PA (BTA117), Indiana, PA (BTA203),
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2951A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2951A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2951A1.txt
  • the time the license application was granted. We agree with ACL that while Section 1.65 requires applicants to give notice to the Commission of material changes affecting their pending applications, it does not require that the Commission be notified of proposed transactions that are being negotiated. PSI also contends that ACL and NUSCO did not meet the requirements of Section 1.2111(a) of the Commission's Rules, because they did not provide copies of any transaction agreements, thus rendering the assignment application incomplete. ACL and NUSCO argue that nothing in the rules requires filing relevant contracts and agreements at the same time as the application is filed, as long as they eventually are filed. While PSI is correct that an assignment application subject
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1612A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1612A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1612A1.txt
  • public. The new rules both limit the award of designated entity benefits if any applicant or licensee has a "material relationship'' created by certain agreements with one or more entities for the lease or resale of its spectrum capacity, and set out new standards for the payment of unjust enrichment. See 47 C.F.R. §§ 1.2110(b)(3)(iv)(A) - (B) (designated entities) and 1.2111 (unjust enrichment). Provisions for Tribal Lands Bidding Credits Wireless Telecommunications Services-Applications and Proceedings (Universal Licensing System) . Operating and Technical Requirements License Period and Substantial Service Requirement AWS-1 licenses issued on or before December 31, 2009, will have a term of fifteen years. For AWS-1 licenses issued after that date, the license term will not exceed ten years from the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1883A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1883A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1883A1.txt
  • We have before us applications filed by Urban Comm-North Carolina, Inc., Debtor-in-Possession (``Urban Comm'') and Cricket Licensee (Reauction) Inc. (``Cricket'' and, together with Urban Comm, the ``Applicants'') seeking Commission consent to the full or partial assignment of 13 broadband Personal Communications Services (``PCS'') C and F block licenses (the ``Application''). In the Application, the Applicants request a waiver of sections 1.2111 and 24.714 of the Commission's rules to the extent necessary to allow for consummation of the assignment of licenses. As discussed below, pursuant to our review under Section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act''), we conclude that approval of the Application will serve the public interest, convenience, and necessity. In addition, we grant to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2358A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2358A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2358A1.txt
  • FRN 0001726314 Acct. No. 200732080002 CONSENT DECREE 1. The Bureau (as hereinafter defined) and Newcomm (as hereinafter defined), by their respective authorized representatives, hereby enter into this Consent Decree for the purposes of conditionally resolving and terminating the Bureau's investigation into violations by Newcomm of Section 310(d) of the Communications Act of 1934, as amended, and of Sections 1.2110 and 1.2111 of the Commission's Rules. 2. For the purposes of this Consent Decree, the following definitions apply: ``Act'' means the Communications Act of 1934, as amended; ``Adopting Order'' or ``Order'' means an order of the Enforcement Bureau adopting this Consent Decree; ``Bureau'' means the Enforcement Bureau of the Federal Communications Commission; ``Commission'' or ``FCC'' means the Federal Communications Commission; ``Effective Date''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2619A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2619A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2619A1.txt
  • Chief, Wireless Telecommunications Bureau: INTRODUCTION We have before us two applications filed by Urban Comm-North Carolina, Inc., Debtor-in-Possession (``Urban Comm'') and Cellco Partnership d/b/a Verizon Wireless (``Verizon Wireless'') (collectively, the ``Applicants'') seeking Commission consent to the full assignment of six broadband Personal Communications Services (``PCS'') licenses (the ``Applications''). Each of the Applications also includes a request for waiver of sections 1.2111 and 24.714 of the Commission's rules to the extent necessary to allow for consummation of the assignment of licenses from Urban Comm to Verizon Wireless. As discussed fully below, pursuant to our review under Section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act''), we conclude that approval of the Applications will serve the public interest, convenience,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-315A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-315A1.txt
  • licenses in May 1997 and to the assignment of the second in February 2000. See Public Notice, ``The Commission Took the Following Actions on Mass Media Bureau Multipoint Distribution Service Applications,'' Report No. D-929-A (rel. May 29, 1997). See also Public Notice, ``Mass Media Bureau Multipoint Distribution Service,'' Report No. 143 (rel. Feb. 4, 2000). 47 C.F.R. §§ 1.2110(d) (1996), 1.2111(c) (1996), and 21.960(a) and (b) (1996). See Part 1 Third Report and Order, 13 FCC Rcd at 436 ¶ 106. 47 C.F.R. §§ 1.2110(f)(4)(iv) (1999) and 21.960(b)(4) (1999). 47 C.F.R. §§ 1.2110(g)(4)(ii) (2002) and 21.960(b)(4) (2002). Letter Request of November 29, 2001. Id. 47 C.F.R. §§ 1.2110(g)(4)(iv) (2002) and 21.960(b)(4) (2002). 47 C.F.R. §§ 1.2110(g)(4)(iv) (2002) and 21.960(b)(4) (2002). Letter
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1.txt
  • section 24.839(a) of the Commission's rules, applications for assignment or transfer of control will not be granted unless certain conditions are met, including that the application may not be filed sooner than five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the Commission's rules requires unjust enrichment payments when C-block licenses are transferred or assigned prior to five years from the date of initial license grant. These restrictions were intended to coincide with the completion of the five-year construction requirement for broadband PCS licensees. Therefore, because we extend the five-year construction deadline for Airwave's two C-block licenses, we likewise extend
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-323A1_Erratum.doc
  • section 24.839(a) of the Commission's rules, applications for assignment or transfer of control will not be granted unless certain conditions are met, including that the application may not be filed sooner than five years after the date of the initial license grant or following the licensee's notification to the Commission that its five-year construction requirement has been satisfied. Moreover, section 1.2111 of the Commission's rules requires unjust enrichment payments when C-block licenses are transferred or assigned prior to five years from the date of initial license grant. These restrictions were intended to coincide with the completion of the five-year construction requirement for broadband PCS licensees. Therefore, because we extend the five-year construction deadline for Airwave's two C-block licenses, we likewise extend
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-360A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-360A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-360A1.txt
  • not overlap any of the areas to be partitioned, but it nonetheless would address the merits of the petition as an informal request for relief pursuant to Section 1.41 of the Commission's Rules. It then rejected PSI's argument that the redacted purchase agreement filed by ACL and NUSCO was insufficient to satisfy the purpose of the filing requirement in Section 1.2111(a) of the Commission's Rules. On December 8, 2005, PSI filed a petition for reconsideration of the Order. Discussion. PSI asserts that the Division erred in its decision that PSI did not establish standing to file the petition to deny, and submits a map to demonstrate that Station WQA216's service contour does overlap partitioned areas of ACL's license. We need not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4171A1.txt
  • and Operate Local Multipoint Distribution Services in Multiple Basic Trading Areas, Memorandum Opinion and Order, 13 FCC Rcd 18709 (1998). 47 C.F.R. § 1.2110(c)(2)(i)(A)-(C). 47 C.F.R. § 1.2110(c)(2)(ii)(F). See, generally, Designated Entity Second Report and Order, 21 FCC Rcd 4753; Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd 6703; and 47 C.F.R. §§ 1.2110, 1.2111, and 1.2112; see also id. § 1.2114. Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶25-30, 4765-68 ¶¶ 31-41; Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(A), 1.2111(d). Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-669A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-669A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-669A1.txt
  • well as developments in the marketplace, in deciding whether to recommend repeal or modification to any rules that are subject to review under Section 11(a). Pursuant to its Section 11(a) review, staff recommends that the Commission initiate proceedings to consider whether to modify or repeal Commission rules, rule parts, or portions thereof, which are codified in 47 C.F.R., including: Section 1.2111(a); Section 42.4; Section 51.333; Part 63, the international 214 application process; Part 64, subpart J. In addition, staff notes that numerous pending proceedings address rules that are subject to the section 11 biennial review requirements, and recommends that the Commission consider in those proceedings whether the rules are necessary in the public interest, and, if not, to modify or repeal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-674A1.txt
  • to the comments received or as a result of ongoing review of the rules within the purview of the Bureau, staff recommends initiating a new proceeding or proceedings to consider modifying or eliminating the following rules. The modifications proposed below generally involve streamlining procedural, technical, and operational rules for reasons that fall outside the scope of Section 11 review. Section 1.2111(a) filing requirements for applications for transfers of control or assignment of licenses. Staff continues to recommend that the Commission consider revising section 1.2111(a) to eliminate the requirement that an applicant seeking approval for a transfer of control or assignment of a license within three years of receiving the license through competitive bidding file transaction documents with the Commission. In addition,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1090A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1090A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1090A1.txt
  • Rcd 18,709 (1998). 47 C.F.R. § 1.2110(c)(2)(i)(A)-(C). 47 C.F.R. § 1.2110(c)(2)(ii)(F). 47 C.F.R. § 1.2110(c)(5). Id. Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(A), 1.2111(d). Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 47 C.F.R. § 1.2110(b)(3)(iv)(C); Designated Entity Second Report and Order, 21 FCC Rcd at 4764
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1355A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1355A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1355A1.txt
  • three years. Consequently, it received a 15 percent bidding credit and participated in the installment payment program. Letter from Fred B. Campbell, Jr., Chief, Wireless Telecommunications Bureau, Federal Communications Commission, to Bonnie Arthur, Esq., Hunton & Williams, dated April 18, 2007. 47 C.F.R. § 1.925. 47 U.S.C. § 310(d); 47 C.F.R. § 1.948. We also note that pursuant to Section 1.2111(a) of the Commission's rules, an applicant seeking approval of a transfer of control or assignment of a license within three years of receiving the license through competitive bidding must file with the Commission the associated contracts for sale, option agreements, management agreements, or other documents disclosing the consideration that the applicant would receive in return for the transfer or assignment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2062A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2062A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2062A1.txt
  • 398 06/30/09 3060-0755 Secs. 59.1, 59.2, 59.3 and 59.4 03/31/09 3060-0757 FCC Auctions Customer Survey 03/31/10 3060-0758 Amendment of Part 5 of the Commission's Rules to Revise the Experimental Radio Service Regulations, ET Docket No. 96-256 03/31/10 3060-0760 Access Charge Reform, CC Docket No. 96-262 Pending OMB Approval 3060-0761 Sec. 79.1 12/31/08 3060-0763 FCC Report 43-06 04/30/09 3060-0767 Sections 1.2110, 1.2111, and 1.2112, Auction Forms and License Transfer Disclosure Requirements 04/30/11 3060-0768 28 GHz Band Segmentation Plan Amending the Commission's Rules to Redesignate the 27.5 - 29.5 GHz Frequency Band, to Reallocate the 29.5 - 30.0 GHz Frequency Band, and to Establish Rules and Policies for Local Multipoint Distribution Services (LMDS) and for the Fixed Satellite Service (FSS) 01/31/09 3060-0770 Price
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-352A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-352A1.txt
  • to the assignment, which was consummated on December 28, 2005. NUSCO was assigned Call Sign WQEJ719 for the assigned spectrum. Because ACL utilized a small business bidding credit to acquire the license, and NUSCO did not meet the eligibility criteria for such a bidding credit, ACL reimbursed the Commission for the amount of unjust enrichment as determined pursuant to Section 1.2111(d)(2) of the Commission's Rules. On January 30, 2007, the Bureau's Mobility Division denied PSI's petition for reconsideration of the Order denying its petition to deny. PSI's application for review of the Mobility Division's decision remains pending. On May 24, 2007, ACL filed an application to partition and disaggregate to NUSCO an additional six channels in the same parts of Connecticut
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1096A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1096A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1096A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-1096 Released: May 19, 2009 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF DENALI SPECTRUM LICENSE SUB, LLC FOR FORBEARANCE FROM UNJUST ENRICHMENT PROVISIONS OF 47 C.F.R. § 1.2111(d)(2)(i) WT Docket No. 09-64 Comments Due: June 18, 2009 Reply Comments Due: July 6, 2009 On March 12, 2009, Denali Spectrum License Sub, LLC (``Denali'') filed a petition for forbearance pursuant to section 10(c) of the Communications Act of 1934, as amended, and section 1.53 of the Commission's rules. In its Petition, Denali asks the Commission to forbear from applying
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1096A1_Rcd.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PUBLIC NOTICE Federal Communications Commission 445 12thSt., S.W. Washington, D.C. 20554 News Media Information 202/ 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-1096 Released: May 19, 2009 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF DENALI SPECTRUM LICENSE SUB, LLC FOR FORBEARANCE FROM UNJUST ENRICHMENT PROVISIONS OF 47 C.F.R. § 1.2111(d)(2)(i) WT Docket No. 09-64 Comments Due: June 18, 2009 Reply Comments Due: July 6, 2009 On March 12, 2009, Denali Spectrum License Sub, LLC ("Denali") filed a petition for forbearance pursuant to section 10(c) of the Communications Act of 1934, as amended, and section 1.53 of the Commission's rules.1In its Petition, Denali asks the Commission to forbear from applying the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • implement the Commission's competitive bidding authority under Section 309(j) of the Communications Act of 1934, as amended. Legal Basis: 47 U.S.C. 154, 303, and 309(j). Section Number and Title: 1.2102 Eligibility of applications for competitive bidding. 1.2103 Competitive bidding design options. 1.2105 Bidding application and certification procedures; prohibition of collusion. 1.2107 Submission of down payment and filing of long-form applications. 1.2111 Assignment or transfer of control; unjust enrichment. PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS SUBPART I-MARKETING OF RADIOFREQUENCY DEVICES Brief Description: The rules in part 2, subpart I, define radiofrequency devices and specify the requirements for marketing of such devices. Need: These rules provide exemption for certain transmitters and amplifiers as required by the Act or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1.txt
  • Rcd 18,709 (1998). 47 C.F.R. § 1.2110(c)(2)(i)(A)-(C). 47 C.F.R. § 1.2110(c)(2)(ii)(F). 47 C.F.R. § 1.2110(c)(5). Id. Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(A), 1.2111(d). Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 47 C.F.R. § 1.2110(b)(3)(iv)(C); Designated Entity Second Report and Order, 21 FCC Rcd at 4764
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1376A1_Rcd.pdf
  • eligibility. For example, the Commission has clarified that, in calculating an applicant's gross revenues under the controlling 117Id. 118Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see alsoOrder on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(A), 1.2111(d). 119Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see alsoOrder on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 12047 C.F.R. § 1.2110(b)(3)(iv)(C); Designated Entity Second Report and Order, 21 FCC Rcd at 4764 ¶¶ 28-29;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-604A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-604A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-604A1.txt
  • (``WTCI'') seeking Commission consent to the full assignment of six Broadband Radio Service (``BRS'') licenses (collectively, the ``Licenses''). One application seeks assignment of two of the Licenses to Vermont Telephone Company (``VTel''), and the other application seeks the assignment of the remaining four Licenses to Clearwire Spectrum Holdings, LLC (``Clearwire Holdings''). Both applications include a request for waiver of Section 1.2111(c) of the Commission's Rules to the extent necessary to allow for consummation of the assignment of the Licenses from WTCI to VTel and Clearwire. As discussed fully below, pursuant to our review under Section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act''), we conclude that approval of the applications will serve the public interest, convenience, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit OMB PRA # Bureau Title of Information Collection 3060-0600 WTB-ASAD Application to Participate in an FCC Auction 3060-0757 WTB-ASAD FCC Auctions Customer Survey 3060-0767 WTB-ASAD Sections 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2_Rcd.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit OMB PRA # Bureau Title of Information Collection 3060-0600 WTB-ASAD Application to Participate in an FCC Auction 3060-0757 WTB-ASAD FCC Auctions Customer Survey 3060-0767 WTB-ASAD Sections 1.2110, 1.2111 and 1.2112, Auction Forms and License Transfer Disclosures Requirements 3060-0995 WTB-ASAD Section 1.2105(c), Bidding Application and Certification Procedures; Prohibition of Collusion 3060-0531 WTB-BD Local Multipoint Distribution Service (LMDS) 3060-0690 WTB-BD Section 101.17, Performance Requirements for the 38.6 - 40.0 GHz Frequency Band 3060-0718 WTB-BD Part 101, Governing the Terrestrial Microwave Fixed Radio Service 3060-0975 WTB-BD Sections 68.3 and 1.4000, Promotion
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1741A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1741A1.txt
  • Public Switched Network 12/31/11 3060-0754 FCC 398 04/30/12 3060-0755 Secs. 59.1, 59.2, 59.3 and 59.4 03/31/12 3060-0757 FCC Auctions Customer Survey 05/31/13 3060-0758 Secs. 5.55, 5.61, 5.75, 5.85, and 5.93, Experimental Radio Service Regulations, ET Docket No. 96-256 04/30/13 3060-0760 Access Charge Reform, CC Docket No. 96-262 09/30/11 3060-0761 Sec. 79.1 07/31/12 3060-0763 FCC Report 43-06 04/30/12 3060-0767 Secs. 1.2110, 1.2111, and 1.2112, Auction Forms and License Transfer Disclosure Requirements 04/30/11 3060-0768 28 GHz Band 12/31/11 3060-0770 Secs. 1.774, 61.49, 61.55, 61.58, 69.4, 69.707, 69.713, and 69.729, FCC 99-206 (New Services) 11/30/11 3060-0773 Sec. 2.803 12/31/12 3060-0774 Parts 36 and 54, Federal-State Joint Board on Universal Service 04/30/11 3060-0775 Sec. 64.1903 04/30/13 3060-0779 Secs. 90.20(a)(1)(iii), 90.769, 90.767, 09.763(b)(l)(i)(a), 90.763(b)(l)(i)(B), 90.771(b), and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1.txt
  • Rcd 18,709 (1998). 47 C.F.R. § 1.2110(c)(2)(i)(A)-(C). 47 C.F.R. § 1.2110(c)(2)(ii)(F). 47 C.F.R. § 1.2110(c)(5). Id. Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(A), 1.2111(d). Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also Order on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 47 C.F.R. § 1.2110(b)(3)(iv)(C); Designated Entity Second Report and Order, 21 FCC Rcd at 4764
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1_Rcd.pdf
  • the applicant's or licensee's designated entity 97 47 C.F.R. § 1.2110(c)(2)(ii)(F). 98 47 C.F.R. § 1.2110(c)(5). 99Id. 100Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see alsoOrder on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(A), 1.2111(d). 101Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see alsoOrder on Reconsideration of the Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 6352 Federal Communications Commission DA 10-18 19 eligibility, taking into account all existing material relationships, including
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2259A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2259A1.txt
  • Act, the Commission has implemented rules to prevent unjust enrichment. Unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently loses its eligibility for such bidding credit or assigns or transfers the license or construction permit to an entity not qualifying for the same level of credit. 47 U.S.C. § 309(j)(4)(E). See 47 C.F.R. §§ 1.2111, 73.5007(c); see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2394-95 ¶¶ 258-265 (establishing unjust enrichment requirements). Recommendation at 4. Recommendation at 7. Recommendation at 8-9. . See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2375-76 ¶¶ 162-63 (explaining benefits of streamlined auction application process). See, e.g., 47 C.F.R. § 1.2105(c)(1) (prohibition of certain
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2259A1_Rcd.pdf
  • Communications Act, the Commission has implemented rules to prevent unjust enrichment. Unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently loses its eligibility for such bidding credit or assigns or transfers the license or construction permit to an entity not qualifying for the same level of credit. 47 U.S.C. § 309(j)(4)(E). See47 C.F.R. §§ 1.2111, 73.5007(c); see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2394-95 ¶¶ 258-265 (establishing unjust enrichment requirements). 18Recommendation at 4. 19Recommendation at 7. 16857 reducing subjectivity and achieving consistency among individualized determinations. What standards could the Commission implement to achieve those goals? 11. The Advisory Committee's Recommendation suggests that a determination as to whether applicants have overcome
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-358A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-358A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-358A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Denali Spectrum License Sub, LLC Petition for Forbearance under 47 U.S.C. § 160(c) From Application of the Unjust Enrichment Provisions of 47 C.F.R. § 1.2111(d)(2)(i) ) ) ) WT Docket No. 09-64 ) ) ) ) ) ORDER Adopted: March 2, 2010 Released: March 2, 2010 By the Associate Chief, Wireless Telecommunications Bureau: In this Order, we extend by 90 days the period of time for which the Commission may consider a petition filed by Denali Spectrum License Sub, LLC (``Denali'') seeking forbearance from the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-358A1_Rcd.pdf
  • is necessary to meet the requirements of section 10(a).6 1Petition forForbearance, filed by Denali Spectrum License Sub, LLC, on March 12, 2009 ("Petition"). On May 19, 2009, the Wireless Telecommunications Bureau placed the Petition on public notice. "Wireless Telecommunications Bureau Seeks Comment on Petition of Denali Spectrum License Sub, LLC for Forbearance from Unjust Enrichment Provisions of 47 C.F.R. § 1.2111(d)(2)(i)," WT Docket No. 09-64, Public Notice, 24 FCC Rcd 5720 (2009). 247 U.S.C. § 160(c). 3Id. 447 C.F.R. § 1.2111(d)(2)(i). 547 U.S.C. § 160(c). 6See, e.g.,Petition of Ameritech Corporation for Forbearance from Enforcement of Section 275(a) of the Communications Act of 1934, as amended, Order, 14 FCC Rcd 6415 (1999). In the Matter of Denali Spectrum License Sub, LLC Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6.txt
  • enrichment schedule. See Council Tree Communications, Inc. v. FCC, 619 F.3d at 258 (vacating ten-year unjust enrichment schedule). CSEA/Part 1 Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also CSEA/Part 1 Second Report and Order's First Reconsideration Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). See 47 C.F.R. § 1.2110(c)(3), (4). See 47 C.F.R. § 1.2107(d). 47 C.F.R. §§ 1.2110(j), 1.2112(b)(2)(iii)-(iv), (vi)-(vii). See 47 C.F.R. §§ 1.2110(j), 1.2112(b)(2)(i). See 47 C.F.R. §§ 1.2110(b)(3)(iii)(A), 1.2112(b)(2)(vi)-(vii). See 47 C.F.R. § 1.2112(b)(2)(ii). 47 C.F.R. § 1.2110(j) (``[D]esignated entities must file with their long-form applications a copy of each such agreement.''). See 47 C.F.R. § 0.459; see also discussion
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1269A6_Rcd.pdf
  • governed by a five-year unjust enrichment schedule. See Council Tree Communications, Inc. v. FCC, 619 F.3d at 258 (vacating ten-year unjust enrichment schedule). 34CSEA/Part 1Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see alsoCSEA/Part 1SecondReport and Order's First Reconsideration Order, 21 FCC Rcd at 6712-13 ¶¶24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 10517 E- Minority-Owned and Women-Owned Business and Rural Telephone Companies.The Commission is interested in the status of applicants as minority-owned and women-owned businessesand rural telephone companies for statistical purposes, even if the applicant is ineligible for bidding credits.35 This information is collected in ULS and does not need to be included in an attachment. EXHIBIT D: AGREEMENTS & OTHER INSTRUMENTS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1.txt
  • are governed by a five-year unjust enrichment schedule. Id., 619 F.3d at 258 (vacating ten-year unjust enrichment schedule). CSEA/Part 1 Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see also CSEA/Part 1 Second Report and Order's First Reconsideration Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 47 C.F.R. § 1.2110(b)(3)(iv)(C); CSEA/Part 1 Second Report and Order, 21 FCC Rcd at 4764 ¶¶ 28-29; see CSEA/Part 1 Second Report and Order's First Reconsideration Order, 21 FCC Rcd at 6713-14 ¶¶ 27-29; but see the additional grandfathering provision in section 1.2110(b)(3)(iv)(C)(2) for the material relationships of those entities that are an applicant's affiliates based solely on 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-420A1_Rcd.pdf
  • entities are governed by a five-year unjust enrichment schedule. Id., 619 F.3d at 258 (vacating ten-year unjust enrichment schedule). 92CSEA/Part 1 Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; see alsoCSEA/Part 1 Second Report and Order's First Reconsideration Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; and 47 C.F.R. §§ 1.2110(b)(3)(iv)(B), 1.2111(d). 93 47 C.F.R. § 1.2110(b)(3)(iv)(C); CSEA/Part 1 Second Report and Order, 21 FCC Rcd at 4764 ¶¶ 28-29; see CSEA/Part 1 Second Report and Order's First Reconsideration Order, 21 FCC Rcd at 6713-14 ¶¶ 27-29; butsee the additional grandfathering provision in section 1.2110(b)(3)(iv)(C)(2) for the material relationships of those entities that are an applicant's affiliates based solely on 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-184135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-184135A1.txt
  • that each will share responsibility for meeting the substantial service 175 See Pan 27 Report and Order, 12 FCC Red at 10836-39, paras. 96-103. 176 See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Red at 21847-48, paras. 23-24. 177 47C.F.R. §27.15(b)(l). 178 47C.F.R. §27.15(c). SeealsoAl C.F.R. § 1.2111. 179 See Section 27.15(e)(l) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(l). See also Partitioning and Disaggregation Report and Order, 11 FCC Red at 21857, para. 42. 180 See Partitioning and Disaggregation Report and Order, 11 FCC Red at 21857, para. 43. 181 See Section 27.15(e)(2) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(2).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-190344A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-190344A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-190344A1.txt
  • Services, CC Docket No. 92-297, Fourth Report and Order, 13 FCC Rcd 11655 (1998) (LMDS Fourth Report and Order); Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (``WCS''), GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10836 (1997) (WCS Report and Order).'' Footnote 196 is revised to replace ``See 47 C.F.R. § 1.2111(e); Part 1 Third Report and Order, 13 FCC Rcd at 405.'' with ``See 47 C.F.R. § 1.2111(e); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 405 (1997), modified by Erratum, DA 98-419 (rel. Mar. 2, 1998)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211525A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211525A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211525A1.txt
  • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-214488A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-214488A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111 (c) and (d). 13163 Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-214488A1_Erratum.pdf
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111 (c) and (d). 13163 Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-217167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-217167A1.txt
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). 18827 Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-217167A1_Erratum.pdf
  • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). 18827 Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Also the assignee will provide the Commission with
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256479A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256479A1.txt
  • IG MG Transfer of Control M Metrocall USA, Inc. Metrocall Holdings, Inc. Radio Service Code(s) Wizards-Patriots Holdings, Inc. Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:KDS415 01/29/2005 0001701168 AM CD CN CP CZ GC IK MW Page 44 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose File Number Parties Acton Date Action AA 50000CWAA05 2 Assignor: All States Broadband, LLC 02/01/2005 C Assignee: GWI PCS1, Inc. Full Assignment Call Sign or Lead Call Sign: KNLH289 Radio Service Code(s) CW 2 This application is attached to file no. 0001967542. Page 45 De Facto Transfer Lease Applications and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256644A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256644A1.txt
  • Assignor: Call Sign or Lead Call Sign:KNLF773 02/04/2005 0002002582 AA CW Partial Assignment D LAKE COUNTRY TRANSPORTATION INC BAUCK BUSING LTD Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WNSQ949 02/01/2005 0002005191 AA PW Page 12 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment M BERGEN BRUNSWIG DRUG COMPANY AMERISOURCE BERGEN DRUG CORPORATION Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WPHM844 02/02/2005 0002011257 AA IG Full Assignment M DEXTER CORPORATION AHLSTROM FIBER COMPOSITES Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257271A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257271A1.txt
  • Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNLH376 03/04/2005 0002035548 AA CW Full Assignment M Fraser Papers PF Papers, LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WNMF589 03/05/2005 0002036012 AA IG Page 18 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment C KL Excavating Colorado CallComm Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WPJH475 03/04/2005 0002039860 AA YU Full Assignment C St. Joseph PCS, Inc. St. Joseph PCS, Inc., Debtor-in-Possession Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259720A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259720A1.txt
  • Transferee: Call Sign or Lead Call Sign:WPTL242 06/23/2005 0002168627 TC IG Full Assignment C Alpine-California F, LLC, Debtor-in-Possession MetroPCS California/Florida, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNLG354 06/22/2005 0002172438 AA CW Page 9 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Transfer of Control M Sheraton Tunica Corporation Caesar's Entertainment, Inc. Radio Service Code(s) Harrah's Operating Company, Inc. Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:WPRF343 06/23/2005 0002173836 TC IG Transfer of Control C Black Hills FiberCom, L.L.C. Black Hills Corporation Radio Service Code(s)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259827A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259827A1.txt
  • Licensee: Transferee: Call Sign or Lead Call Sign:WPVC535 06/29/2005 0002175246 TC IG Full Assignment C Alpine-Hyannis F, LLC, Debtor-in-Possession Cellco Partnership Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNLG356 07/05/2005 0002176337 AM CW Page 6 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment C Koch Industries, Inc. ONEOK, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WNFB289 06/29/2005 0002176893 AA IG Full Assignment Z Summit Wireless Liquidating Trust MTPCS, LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNLH394 06/28/2005
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260071A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260071A1.txt
  • or Lead Call Sign:WMH808 07/15/2005 0002206776 AA BR Full Assignment M John Mester d/b/a Mester's TV John Mester Income Family Trust Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WQCV325 07/13/2005 0002207128 AA BR Page 11 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment M WILD BASIN ENTERPRISES STORM PASS HOLDINGS LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNIS558 07/15/2005 0002207543 AA IG Full Assignment M Mobil Oil Telcom LTD XTO Energy, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261986A1.txt
  • Assignor: Call Sign or Lead Call Sign:WPRG430 10/28/2005 0002339373 AM IG Full Assignment C Virginia Communications, Inc. Clearwire Spectrum Holdings, LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:B083 10/27/2005 0002339581 AA BR Page 19 1 Consent is conditioned upon full payment of any required unjust enrichment payments on or before the consummation date, pursuant to section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111. 1 Purpose Action Parties Action Date File Number Partitioning and/or Disaggregation M Iowa Wireless Services Holding Corporation Van Buren Wireless, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WPOH984 10/25/2005 0002339596 AA CW Full Assignment C Fort Drum Cogeneration Partners Black River Generation, LLC Radio Service Code(s) Assignee: Assignor:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262159A1.txt
  • Assignor: Call Sign or Lead Call Sign:WPYF846 11/17/2005 0002326194 AA YU Full Assignment C Eagleview Stations Inc. NEXTEL SPECTRUM ACQUISITION CORP. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KFJ28 11/15/2005 0002328370 AA BR Page 5 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Transfer of Control M Paxson Los Angeles License, Inc. Paxson Communications Television, Inc. Radio Service Code(s) Paxson Management Corporation Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:WPNA926 11/19/2005 0002333179 TC MG Partitioning and/or Disaggregation C Triton PCS License Company, LLC East Kentucky Network,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262596A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262596A1.txt
  • of Control M Teletouch Licenses, Inc. The Shareholders of Teletouch Communications, Inc. Radio Service Code(s) TLL Partners, LLC Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:WPBU981 11/29/2005 0002273069 AM CD CP GS GX IG IK YG Page 33 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose File Number Parties Acton Date Action AA 50021CNAA05 2 Assignor: Space Data Spectrum Holdings, LLC 11/30/2005 C Assignee: Allegheny Communications Holdings I, LLC Full Assignment Call Sign or Lead Call Sign: WQAF366 Radio Service Code(s) CN 2 This application is attached to file no. 0002329692. Page 34 De Facto Transfer
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263823A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263823A1.txt
  • Assignee: Assignor: Call Sign or Lead Call Sign:WPGW923 02/11/2006 0002408574 AA GX Full Assignment C Enterprise Wireless PCS, L.L.C. SprintCom, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNLF547 02/09/2006 0002421640 AA CW Page 6 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment C Morton Plant Mease Life Services, Inc., d/b/a Bayview Gar BVG Acquisition, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WPQG733 02/09/2006 0002431984 AA IG Full Assignment Z BROAD BROOK VOLUNTEER FIRE ASSOCIATION INC BARNARD VOLUNTEER FIRE DEPT INC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263824A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263824A1.txt
  • Assignment of License Authorization Applications, Transfer of Control of Licensee Applications, De Facto Transfer Lease Applications and Spectrum Manager Lease Notifications Action, Report No. 2396B (rel. Feb. 8, 2006). The following condition should have been added to this consent: "Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c)". All other particulars should remain the same. Page 6 Purpose Key: AA Assignment of Authorization AM Amendment of AA; TC; TL; or ML ML Spectrum Manager Lease TC Transfer of Control WD Withdrawal TL De FactoTransfer Lease Action Key: C Consented P Returned to pending D Dismissed Q Accepted (Spectrum Manager Lease
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265939A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265939A1.txt
  • Sign:KNLF944 06/12/2006 0002520024 TC CW Transfer of Control C Poplar PCS - Dodge City, LLC Poplar PCS, LLC Radio Service Code(s) Chickasaw Wireless, Inc. Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:KNLF995 06/12/2006 0002520025 TC CW Page 6 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 1 1 1 Purpose Action Parties Action Date File Number Transfer of Control C Poplar PCS - Hot Springs, LLC Poplar PCS, LLC Radio Service Code(s) Chickasaw Wireless, Inc. Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:KNLG739 06/12/2006 0002520027 TC CW Transfer of Control C Poplar PCS - Hays, LLC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265960A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265960A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265960A1.txt
  • rules, 47 C.F.R. Part 1, is amended as set forth below in Appendix B, effective 30 days after publication in the Federal Register, except for the grandfathering provisions, which are effective upon release. The Commission will not conduct or sponsor any new or modified information collections required pursuant to Sections 1.913(a)(6); 1.913(b); 1.919(b)(5); 1.2105(a)(2)(ii)(B); 1.2110(b)(1)(i) and (ii); 1.2110(j) and (n); 1.2111(a), (b), and (c)(2) and (3); 1.2112(b)(1)(iii) and (iv), and (2)(iii), (v) and (vii); and 1.2114(b), (f), and (g) of the amended rules adopted herein until approval by the Office of Management and Budget (``OMB'') has been obtained under the Paperwork Reduction Act of 1995, P.L. 104-13. The Commission will publish notice in the Federal Register announcing such OMB approval.'' Notice
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266133A1.txt
  • Call Sign or Lead Call Sign:WPMV996 06/20/2006 0002590187 AA IG Partitioning and/or Disaggregation C CTC Telcom, Inc. Chequamegon Communications Cooperative, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WPWU986 06/28/2006 0002592796 AA WZ Page 7 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment C Advanced Metering Data Systems, LLC M&FC Holding Company Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KNKV203 06/22/2006 0002594888 AA CN Full Assignment C COMNET DISPATCH LC Cornerstone SMR, Inc. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268588A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268588A1.txt
  • Call Sign or Lead Call Sign:KNLG359 11/16/2006 0002743008 AM CW Full Assignment M Northeast Utilities Service Companhy NE Energy Services, LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:KA81231 11/15/2006 0002749136 AA IG Page 7 1 Consent is conditioned upon full payment of the required unjust enrichment payments on or before the consummation date, pursuant to Section 1.2111 of the Commission's rules, 47 C.F.R. § 1.2111(c). 1 Purpose Action Parties Action Date File Number Full Assignment M Northeast Utilities Service Company NE Energy Services, LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WPZR705 11/15/2006 0002749139 AA IG Full Assignment M Northeast Utilities Service Company NE Energy Services, LLC Radio Service Code(s) Assignee: Assignor: Call Sign
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276133A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276133A1.txt
  • Holdings LLC Transferor: Licensee: Transferee: Call Sign or Lead Call Sign:WAI9 08/15/2007 0003106286 TC AF Full Assignment C Rullman, Steven Nextel Spectrum Acquisition Corp. Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign:WLK222 08/17/2007 0003107289 AA BR Page 15 Consent is conditioned upon the full and timely payment of all monies due to the Commission consistent with Section 1.2111(c), and as contemplated under the Debtors' Second Amended Chapter 11 Plan of Liquidation, as approved by the Commission. See In Re: Trico Wireless PCS, Inc., Case Nos. 6:05-bk-00880-ABB through 6:05-bk-00883-ABB, jointly administered (Bankr. M.D. Fla.); see also Form 603, File No. 003099961, Attachment, Section V, at page 4, n.20 (filed July 12, 2007). 1 Purpose Action Parties Action Date File
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278004A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278004A1.txt
  • Assignor: Call Sign or Lead Call Sign: WPWV462 11/03/2007 0003176673 AA WZ Full Assignment M Highland Cellular Holdings, Inc. AWS Spectrum LLC Radio Service Code(s) Assignee: Assignor: Call Sign or Lead Call Sign: WQHG459 11/03/2007 0003177203 AA CW Page 6 1 Consent is conditioned upon the full and timely payment of all monies due to the Commission consistent with Section 1.2111(c), and as contemplated under the Debtors' Second Amended Chapter 11 Plan of Liquidation, as approved by the Commission. See In Re: Trico Wireless PCS, Inc., Case Nos. 6:05-bk-00880-ABB through 6:05-bk-00883-ABB, jointly administered (Bankr. M.D. Fla.). Purpose Action Parties Action Date File Number Full Assignment M MARINE TERMINALS CORPORATION PORTLAND, PORT OF Radio Service Code(s) Assignee: Assignor: Call Sign or Lead
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-301093A1.pdf
  • relationship is ipso facto disqualified from receiving bidding credits. Third, the FCC has recognized that unjust enrichment will occur if recipients of bidding credits are permitted to promptly sell their spectrum rights to non-DEs at a premium, or to ally themselves with large entities in such a way as to lose their DE status. To prevent this, 47 C.F.R. § 1.2111(d)(1) states: [a] licensee that utilizes a bidding credit, and that during the initial term seeks to assign or transfer control of a license to an entity that does not meet the eligibility criteria for a bidding credit, will be required to reimburse the U.S. Government for the amount of the bidding credit, plus interest . . . as a condition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-272A1_Erratum.doc
  • all parties regardless of an assignment or partitioning and/or disaggregation arrangements unless a new agreement is reached. In effect, the frequency coordination agreement will convey with the license. Finally, 24 GHz band licensees who receive bidding credits at auction and subsequently seek to partition or disaggregate their spectrum holding(s) will be subject to the unjust enrichment provisions contained in Section 1.2111(e) of our Rules. Foreign Ownership Restrictions Background. Foreign ownership and citizenship requirements for 24 GHz band licensees are set forth in Sections 310(a) and 310(b) of the Communications Act, as modified by the 1996 Act, which restricts the issuance of licenses to certain applicants. Section 310(a) prohibits any foreign government or representative from holding a station license. Section 310(b) prohibits
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-274A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-274A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-274A1.txt
  • will be subject to the automatic late payment provisions of Section 1.2110(g) as adopted herein. ( Clarify that the assignee or transferee of a license paid for through installment payments is not responsible for the license debt until the assignment of license or transfer of control has been consummated. ( Clarify that the unjust enrichment rules for bidding credits (Section 1.2111(d) of the Commission's rules) do not apply to assignments or transfers of C and F block licenses to non-entrepreneurs. We further clarify that pursuant to Sections 1.2111(c) and (d) of our rules, Commission approval of assignments of licenses and transfers of control that result in unjust enrichment with respect to bidding credits and installment payments is conditioned upon full payment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-370A1.txt
  • Making, WT Docket No. 99-266, FCC 00-209, ¶ 72 (rel. Jun. 30, 2000). See Third Report and Order, 13 FCC Rcd at 19874 (citing Amendment of Part 1 of the Commission's Rules -- Competitive Bidding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 405 (1997)); 47 C.F.R. § 1.2111. 47 C.F.R. § 80.49(a)(2) (as amended herein). See 220 MHz Fifth Report and Order, 13 FCC Rcd at 24629. Id. at 24622. See 47 C.F.R. § 90.723(i). See 47 C.F.R. § 80.207(d). See 47 C.F.R. § 80.371(b). The four Standard Defined Areas are USA-E, USA-W, USA-S, and USA-C. See Second Further Notice, 12 FCC Rcd at 17032. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-401A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-401A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-401A1.txt
  • Public Forum on secondary markets a number of panelists described situations where existing licensees are not fully utilizing their assigned spectrum. Materials related to the May 31, 2000, Public Forum are available at http://www.fcc.gov/oet/. See Public Notice "FCC Announces Agenda For Public Forum On Secondary Markets In Radio Spectrum", DA 00-1139, 15 FCC Rcd 18667 (2000). See 47 CFR § 1.2111, implementing Section 310 of the Communications Act, as amended 47 U.S.C. 310. See 47 CFR 21.934 and 21.935 (MMDS), 47 CFR 74.990-74.992 (ITFS). See also Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order in IB Docket 95-117, 11 FC Rcd 21581 (1996). Shared use of the frequencies may be on a non-profit, cost-shared,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.pdf
  • to spectrum lessees will also be modified or eliminated. See, e.g., 47 C.F.R § 203. See, e.g., 47 C.F.R §§ 90.665; 90.685. We require this type of annual reporting requirement for the Guard Band Manager, and we will make it publicly available. See 700 MHz Second Report and Order, 15 FCC Rcd at 5333 (¶¶ 79-80). See 47 C.F.R. § 1.2111(d). See, e.g., CMRS Partitioning and Disaggregation Order, 11 FCC Rcd at 21851-55 (¶¶31-36), 21861-62 (¶¶ 51-55); Part 27 Report and Order, 12 FCC Rcd at 10838-39 (¶¶ 101-103). See id. Id. Id. Under Section 202 of the Act, non-discrimination requirements are placed upon common carriers. See 47 U.S.C. § 202. Violations of Section 202 are subject to enforcement under Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.txt
  • see also Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 ¶ 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 ¶ 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. § 1.2111(b)(1). See 47 C.F.R. § 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. § 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. § 90.609. Additionally, Section 90.157 provides that a license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1_Erratum.doc
  • see also Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 ¶ 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 ¶ 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. § 1.2111(b)(1). See 47 C.F.R. § 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. § 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. § 90.609. Additionally, Section 90.157 provides that a license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-411A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-411A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-411A1.txt
  • MHz Service system license, together with all of its component CTS licenses, may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in § 1.948 of this chapter. For licenses acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), designated entities must comply with §§ 1.2110 and 1.2111 of this chapter (see § 1.948(a)(3) of this chapter). (b) If the transfer, assignment, sale, or gift of a license is approved, the new licensee is held to the construction requirements set forth in § 95.833 of this part. 8. Section 95.861 is amended by revising paragraph (c) to read as follows: § 95.861 Interference. * * * * *
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-88A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-88A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-88A1.txt
  • the same geographic market, finding that the administrative burden of tracking such arrangements would far outweigh any benefit to the public. 5. Finally, in our Partitioning and Disaggregation Report and Order, we decided that broadband PCS licensees entering into partitioning or disaggregation arrangements within three years of initial licensing would be subject to the reporting requirements set forth in section 1.2111(a) of the rules, which apply to full license assignments or transfers of control of auctions licenses. Section 1.2111(a) states that an applicant seeking approval for a transfer of control or assignment of license application within three years of receiving a new license through competitive bidding must submit the associated contract for sale, option agreements, management agreements, or other documents (referred
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.pdf
  • Licensees; Implementation of Section 257 of the Communications Act ­ Elimination of Market Entry Barriers, WT Docket No. 96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, paras. 13-17 (1996) ("Partitioning and Disaggregation Report and Order"). 179See 47 C.F.R. § 27.15(a). 18047 C.F.R. § 27.15(b)(1). 18147 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. 182See 700 MHz First Report and Order at paras. 76-78. 183See 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. Federal Communications Commission FCC 00-90 37 partitioned area. If a Guard Band Manager fails to meet its substantial service requirement during the relevant license term, the non-performing Guard Band Manager's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1_Erratum.doc
  • Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry Barriers, WT Docket No. 96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, paras. 13-17 (1996) (``Partitioning and Disaggregation Report and Order''). See 47 C.F.R. § 27.15(a). 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See 700 MHz First Report and Order at paras. 76-78. See 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See 47 C.F.R. § 27.15(e)(2). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-364A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-364A1.txt
  • on Reconsideration, 15 FCC Rcd 11156 , 11160 ¶ 10 (2001). See Gila River Comments at 16. See 47 U.S.C. § 309(j)(4)(E). 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, 2394 ¶¶ 258-59 (1994). See Gila River Comments at 16. See 47 C.F.R. § 1.2111(e)(3) (apportioning unjust enrichment payments). See Geographic Partitioning and Spectrum Disaggregation by Commercial Mobile Radio Services Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry Barriers, WT Docket No. 96-148, GN Docket No. 96-113, Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 21831, 21851-52 ¶¶ 32-34 (1996). See Promoting Efficient Use
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-110A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-110A1.txt
  • 100.51 (EEO) move new Section 25.601 100.53 (Geographic service) amend and move new Section 25.148(c) 100.71 (Competitive bidding) move new Section 25.148(d) 100.77 (Long-form applications) amend and move new Section 25.148(e) Sections 100.72-.76, 100.78-100.79 (Competitive bidding system design) Eliminated in WTB Order (see infra.) covered by auction rules in Section 1.2101, et. seq. Section 100.80 (Transfers) eliminate covered by Sections 1.2111 and 25.119 Part 25 Cross-reference to Part 100 for DBS eliminate eliminate Section 25.109(b)(DBS cross-reference) Basis and purpose § 100.1. Section 303(v) of the Communications Act gives the Commission exclusive jurisdiction over the regulation of DTH satellite services, including DBS. Therefore, the Notice proposed to eliminate Section 100.1 of the Commission's rules, which simply recites this statutory authority. We received
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.txt
  • agreement shall remain in effect on all parties regardless of an assignment or partitioning arrangement unless a new agreement is reached. In effect, the frequency coordination agreement will convey with the license. Finally, MVDDS licensees who receive bidding credits at auction and subsequently seek to partition their geographic area(s) will be subject to the unjust enrichment provisions contained in Section 1.2111(e) of our rules. Although commenters provided alternatives to allow disaggregation, we find the increase in possible interference to be too great and decline to permit disaggregation at this time. We are also concerned that permitting disaggregation would make it difficult to determine which licensee is causing the interference problem and therefore which would be responsible for correcting it. We are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-15A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-15A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-15A1.txt
  • ``blocks'' of spectrum licensed to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus the possibility of harmful interference increases). 47 C.F.R. § 27.15. Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. 47 C.F.R. § 1.1307. See, e.g., 47 C.F.R. § 1.928 (regarding frequency coordination arrangements between the U.S. and Canada). 47 C.F.R. § 1.924. We will discuss FAS coordination in the section describing coordination with Government incumbents. See infra at Section III.E.3. Cf. Section 22.940(a)(2)(I) through Section 22.940(a)(2)(iv) of the Commission's Rules, 47 C.F.R. §§ 22.940(a)(2)(i)-(iv). See LMDS Second Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-180A1.txt
  • 309(j)(4)(d) of the Act. Accordingly, we plan to initiate a Notice of Inquiry regarding a number of topics related to the provision of spectrum-based service to rural areas. We seek comment on the advantages and disadvantages of allowing partitioning and disaggregation in these bands. In addition, we seek comment on our proposal to apply the unjust enrichment provisions of Section 1.2111 of our Rules in the event a licensee that received a bidding credit chooses to partition its license or disaggregate its spectrum to an entity that is not eligible for such a bidding credit. Technical and Operational Rules Regulation Under Part 101 Loea and the commenters propose that we regulate these bands under Part 101 of our Rules. We tentatively
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
  • of the Commission's Rules to License Services in the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-8, Report and Order, 17 FCC Rcd 9980, 9991 ¶ 18 (2002) (27 MHz Report and Order). 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. See 47 C.F.R. Part 1, Subpart F. 47 C.F.R. Part 20; see also 47 C.F.R. § 27.3(g). 47 C.F.R. Part 101. See, e.g., 47 C.F.R. §§ 24.236, 24.237 (broadband PCS). These provisions provide flexibility for licensees to employ other measures to limit or prevent interference , such as use of robust technologies, partitioning the use of frequencies, taking advantage of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-325A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-325A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-325A1.txt
  • nn. 1-2; FCC Report to Congress on Spectrum Auctions, Report, 13 FCC Rcd 9601, 9627-9628 (1997) (``FCC Auctions Report''). The rules for partition and disaggregation are promulgated on a service-specific basis. Supra n. 32. Each of these service-specific rules cross-reference the Commission's Part 1 competitive bidding rules regarding unjust enrichment in the context of partition and disaggregation. 47 C.F.R. § 1.2111(e). See, e.g., Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band, To Reallocate the 29.5-30.0 GHz Frequency Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for Fixed Satellite Services, Third Order on Reconsideration, 13 FCC Rcd 4856, 4902, ¶ 103 (1998) (``[T]he Commission consistently has
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1.txt
  • to do so, only its license would be subject to forfeiture at renewal. See Third Report and Order, 13 FCC Rcd at 19874 (citing Amendment of Part 1 of the Commission's Rules -- Competitive Bidding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 405 (1997)); 47 C.F.R. § 1.2111. See supra. ¶ 30. If either licensee failed to meet its construction requirement, only the non-performing licensee's renewal application would be subject to forfeiture at renewal. If the partitioner fails to meet its construction requirement, only its renewal application would be subject to forfeiture at renewal. If either party fails to meet the construction requirement, both licenses would be subject
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-74A1_Erratum.doc
  • to do so, only its license would be subject to forfeiture at renewal. See Third Report and Order, 13 FCC Rcd at 19874 (citing Amendment of Part 1 of the Commission's Rules -- Competitive Bidding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 405 (1997)); 47 C.F.R. § 1.2111. See supra. ¶ 30. If either licensee failed to meet its construction requirement, only the non-performing licensee's renewal application would be subject to forfeiture at renewal. If the partitioner fails to meet its construction requirement, only its renewal application would be subject to forfeiture at renewal. If either party fails to meet the construction requirement, both licenses would be subject
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-82A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-82A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-82A1.txt
  • the Communications Act, Regulatory Treatment of Mobile Services and Implementation of Section 309(j) of the Communications Act, Third Report and Order; Fifth Notice of Proposed Rule Making, PR Docket No. 89-552, GN Docket No. 93-252 and PP Docket No. 93-253, 12 FCC Rcd 10943, 10968-10969 ¶¶ 51-52 (1982)). AllCom Petition at 5. PCIA Opposition at 2. See 47 C.F.R. § 1.2111(b)(1). See 47 C.F.R. § 90.629. R&O and FNPRM, 15 FCC Rcd 22763 ¶ 115. In addition, subsequent applications to modify the technical parameters of stations the licenses for which have been modified to permit commercial operations will be scrutinized to prevent evasion of the five-year holding period. For example, a request to relocate the station to serve an area other
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • and later sell it at the market price.'' The Commission has also indicated that the unjust enrichment rules were designed to recapture for the government a portion of the value of the bidding credit or other special provision if a designated entity prematurely transfers its licenses to an ineligible entity. The Commission's unjust enrichment provisions have been codified in section 1.2111 of the Commission's rules. Discussion We inquire whether we should alter the policies adopted in the Report and Order for designated entity leasing under the de facto transfer leasing option or under the proposals contained in this Further Notice. Should we permit a designated entity or entrepreneur licensee to lease some or all of its spectrum usage rights to any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • and later sell it at the market price.'' The Commission has also indicated that the unjust enrichment rules were designed to recapture for the government a portion of the value of the bidding credit or other special provision if a designated entity prematurely transfers its licenses to an ineligible entity. The Commission's unjust enrichment provisions have been codified in section 1.2111 of the Commission's rules. Discussion We inquire whether we should alter the policies adopted in the Report and Order for designated entity leasing under the de facto transfer leasing option or under the proposals contained in this Further Notice. Should we permit a designated entity or entrepreneur licensee to lease some or all of its spectrum usage rights to any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.txt
  • multiple transmitters in the same geographic area operated by different companies on adjacent frequencies. CTIA Comments at 11-12; Cingular Reply Comments at 9-10; TDD Coalition Reply Comments at 19. 47 C.F.R. § 27.15(a)(2); see also Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. Cingular Reply Comments at 9-10. CTIA Comments at 11. Id. at 11; see also TDD Coalition Reply Comments at 19 (stating support for CTIA's position). 47 C.F.R. § 24.104 (Narrowband PCS); 47 C.F.R. § 24.714 (Broadband PCS). See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Use of the Universal Licensing System
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-98A1.txt
  • herein. We note that an applicant that avails itself of this exemption to qualify for small business status will be required to pay any unjust enrichment penalties if it seeks to transfer or assign its licenses to entities that do not qualify for a bidding credit, or that qualify for a different level of bidding credit. See 47 C.F.R. § 1.2111(d). . For example, X is a rural telephone cooperative that satisfies all the elements of the exemption. X creates a subsidiary Y. Y's officers and directors are controlling interests solely based upon their status as officers and directors - i.e., solely pursuant to section 1.2110(c)(2)(ii)(F). Y has no other controlling interests. Then, for purposes of determining eligibility for small business
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
  • indirect interest of 10% or more (see § 1.2112), either as a licensee or a spectrum lessee, and that could be used by the assignee or transferee to provide interconnected mobile voice and/or data services; The licensee is not a designated entity or entrepreneur subject to unjust enrichment requirements and/or transfer restrictions under applicable Commission rules (see §§ 1.2110 and 1.2111, and §§ 24.709, 24.714, and 24.839 of this chapter); and, The assignment or transfer of control does not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules, and there is no pending issue as to whether the license is subject to revocation, cancellation, or termination by the Commission. Provided that the application establishes that it meets
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.txt
  • MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-08, Notice of Proposed Rule Making, 17 FCC Rcd 2500, 2535 ¶¶ 89-90 (2002). See Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) (Secondary Markets Report and Order), Erratum, 18 FCC Rcd 24817 (2003). Id. at 20643-44 ¶ 84. Id. (Note 181 contains a complete listing of services that were included in the Secondary
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-26A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-26A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-26A1.txt
  • licenses (the ``Applications''). Specifically, the Applications seek Commission consent to the partial assignment from NextWave to Cingular of 10 and 20 MHz blocks of spectrum to be disaggregated from twenty 30 MHz C Block PCS licenses and the full assignment of fourteen 10 MHz F Block PCS licenses. Each of the Applications also includes a request for waiver of sections 1.2111 and 24.714 of the Commission's rules, to the extent necessary to allow for consummation of the transaction. As discussed fully below, we conclude, pursuant to our review under Section 310(d) of the Communications Act of 1934, as amended (the ``Communications Act'') that approval of the Applications will serve the public interest, convenience, and necessity. In addition, we grant a limited
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-271A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-271A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-271A1.txt
  • control. Id. at ¶ 141. Rainbow DBS Comments at 16. See also EchoStar Comments at 6. Part 100 R&O, 17 FCC Rcd at 11332, ¶ 2. 47 C.F.R. § 25.148(b)(1). Id. 47 C.F.R. § 25.148(b)(2). 47 C.F.R. § 25.148(b)(3). EchoStar Comments at 6-7. Other post-auction transfers or assignments will be subject to all applicable regulations. See, e.g., 47 C.F.R. ¶ 1.2111(a). Ð � ‚ " ¿ í h‰o h h‰o h‰o h‰o h‰o hq hq h‰o h hú . / Ï Ð . / Ð Ð Ñ Ò ß � � � � � j³ � h � (continued....) Federal Communications Commission FCC 04-271 0 0 0 Ð T '' - ¾, ‰o
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1.txt
    • not fall within the prohibition against issuance of ``new'' licenses. We have considered that the band reconfiguration process could result in Nextel exchanging its EA licenses with other EA licensees that obtained their licenses through auctions in which they received small business bidding credits. We find that this Commission mandated exchange does not trigger the ``unjust enrichment'' provisions of Section 1.2111 of our Rules, which requires refund of the bidding credit, plus interest, if the small business licensee transfers its license, during the initial term, to an applicant not qualifying for such credit. The rule is inapplicable here because the EA licenses at issue are not being transferred, but rather modified by Commission action pursuant to Section 316 of the Communications
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-294A1_Erratum.doc
    • not fall within the prohibition against issuance of ``new'' licenses. We have considered that the band reconfiguration process could result in Nextel exchanging its EA licenses with other EA licensees that obtained their licenses through auctions in which they received small business bidding credits. We find that this Commission mandated exchange does not trigger the ``unjust enrichment'' provisions of Section 1.2111 of our Rules, which requires refund of the bidding credit, plus interest, if the small business licensee transfers its license, during the initial term, to an applicant not qualifying for such credit. The rule is inapplicable here because the EA licenses at issue are not being transferred, but rather modified by Commission action pursuant to Section 316 of the Communications
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
    • for the entire market, the subject license would cancelled automatically and would revert to the Commission. See 47 C.F.R. §§ 1.955(a)(2), 1.948, 101.56. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding, Third Report and Order and Second Further Notice of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 405 (1997); 47 C.F.R. § 1.2111. See, e.g., 47 C.F.R. § 101.535(b)(1). First NPRM and Order, 11 FCC Rcd at 4,977 ¶ 99. Report and Order and Second NPRM, 12 FCC Rcd at 18,636 ¶ 76. Id. Id. 47 C.F.R. § 101.135. 47 C.F.R. § 101.603; see Amendment of Part 101 of the Commission's Rules to Streamline Processing of Microwave Applications in the Wireless Telecommunications Services,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-123A1.txt
    • on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see § 1.2110(f)(1)-(2)), a new entrant bidding credit (see § 73.5007), a bid withdrawal or default payment obligation (see § 1.2104(g)), a tribal land bidding credit limit (see § 1.2110(f)(3)(iv)), or a size-based bidding credit unjust enrichment payment obligation (see § 1.2111(d),(e)(2)-(3)), or for any other determination required by the Commission's rules or procedures. * * * * * 3. Amend § 1.2104 by revising paragraphs (c), (g)(1), and (g)(2); removing paragraph (g)(3); and adding paragraph (j) to read as follows: § 1.2104 Competitive bidding mechanisms. * * * * * (c) Reserve Price. The Commission may establish a reserve price or
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-4A1.txt
    • on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see § 1.2110(f)(1)-(2)), a new entrant bidding credit (see § 73.5007), a bid withdrawal or default payment obligation (see § 1.2104(g)), a tribal land bidding credit limit (see § 1.2110(f)(3)(iv)), or a size-based bidding credit unjust enrichment payment obligation (see § 1.2111(d),(e)(2)-(3)), or for any other determination required by the Commission's rules or procedures. * * * * * 3. Amend § 1.2104 by revising paragraphs (c), (g)(1), and (g)(2); removing paragraph (g)(3); and adding paragraph (j) to read as follows: § 1.2104 Competitive bidding mechanisms. * * * * * (c) Reserve Price. The Commission may establish a reserve price or
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
    • arrangement. Annual reports will be filed no later than, and up to five business days before, the anniversary of the designated entity's license grant. (o) Gross revenues. * * * (p) Total assets. * * * 6. Revise paragraphs (a), (b) introductory text, the first sentence of paragraph (c)(2), the first sentence of paragraph (c)(3), (d)(1), and (d)(2) of § 1.2111 to read as follows: § 1.2111 Assignment or transfer of control: unjust enrichment. (a) Reporting requirement. An applicant seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure must, together with its application for transfer of control or assignment,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-78A1.txt
    • a bidding credit prior to the filing of the notifications informing the Commission that the construction requirements applicable at the end of the license term have been met applies only to those licenses that are granted on or after the April 25, 2006 release date of the Designated Entity Second Report and Order. We also make corresponding corrections to section 1.2111 of our rules. Review of Agreements, Annual Reporting Requirements, and Audits We also take this opportunity to clarify and emphasize certain aspects of section 1.2114, our newly-adopted rule relating to reportable eligibility events. As the rule expressly states, ``[a] designated entity must seek Commission approval for all reportable eligibility events.'' As discussed in the Designated Entity Second Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-8A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-8A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-8A1.txt
    • service overlap and CMRS ownership attribution standards established as part of the Commission's CMRS spectrum aggregation limit. Council Tree acknowledges that the CMRS spectrum aggregation limit has sunset but suggests that this standard should be followed. Council Tree ex parte at 14. Council Tree ex parte at 13. See 47 C.F.R. § 20.6(f). 47 C.F.R. § 20.6 (c). 47 C.F.R. §1.2111(d). Council Tree ex parte at 15-16. See 47 U.S. C. § 309(j)(4)(E). See also, 47 C.F.R. § 1.2111(d). Council Tree ex parte at 15. Council Tree ex parte at 15-16. See Applications of TeleCorp PCS, Inc., Tritel, Inc., and Indus, Inc. et al, Memorandum Opinion and Order, 16 FCC Rcd 3716 (2000). Council Tree ex parte at 16. Auction of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.txt
    • MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-08, Notice of Proposed Rule Making, 17 FCC Rcd 2500, 2535 ¶¶ 89-90 (2002). See Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) (Secondary Markets Report and Order), Erratum, 18 FCC Rcd 24817 (2003). Id. at 20643-44 ¶ 84. Id. (Note 181 contains a complete listing of services that were included in the Secondary
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-197A1.txt
    • 21 FCC Rcd 4753 (2006) (``Designated Entity Second Report and Order''); Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, WT Docket No. 05-211, Order on Reconsideration of the Second Report and Order, 21 FCC Rcd 6703 (2006) (``Order on Reconsideration of Designated Entity Second Report and Order''); 47 C.F.R. §§ 1.2110, 1.2111, 1.2112, 1.2114. See id. The 700 MHz Second Report and Order is part of the 700 MHz Band proceeding in which the Commission earlier this year consolidated consideration of the rules and policies applicable to both the commercial and public safety spectrum in the 698-806 MHz band (``700 MHz Band''). See Service Rules for the 698-746, 747-762 and 777-792 MHz
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1.txt
    • Procedures, Second Report and Order and Second Further Notice of Proposed Rule Making, 21 FCC Rcd 4753, 4760 ¶15 (2006). Frontline Mar. 26 Ex Parte in WT Docket Nos. 06-150 and 06-169 and PS Docket No. 06-229 at 8. In this regard, we note that the Commission has collected unjust enrichment obligations, under its existing unjust enrichment rules in section 1.2111, from bankrupt licensees, even where the protections afforded by section 525 of the United States Bankruptcy Code prevented the automatic cancellation of the license for failure to render timely payment pursuant to the Commission's installment payment rules of section 1.2110(g)(iv). See 47 C.F.R. § 1.2111; 11 U.S.C. § 525; 47 C.F.R. § 1.2110(g)(iv). See Frontline Comments in PS Docket No.
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
    • Procedures, Second Report and Order and Second Further Notice of Proposed Rule Making, 21 FCC Rcd 4753, 4760 ¶15 (2006). Frontline Mar. 26 Ex Parte in WT Docket Nos. 06-150 and 06-169 and PS Docket No. 06-229 at 8. In this regard, we note that the Commission has collected unjust enrichment obligations, under its existing unjust enrichment rules in section 1.2111, from bankrupt licensees, even where the protections afforded by section 525 of the United States Bankruptcy Code prevented the automatic cancellation of the license for failure to render timely payment pursuant to the Commission's installment payment rules of section 1.2110(g)(iv). See 47 C.F.R. § 1.2111; 11 U.S.C. § 525; 47 C.F.R. § 1.2110(g)(iv). See Frontline Comments in PS Docket No.
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-128A1.txt
    • 6703 (2006) (Order on Reconsideration of Designated Entity Second Report and Order); 47 C.F.R. § 1.2110(b)(3)(iv)(A). 47 C.F.R. § 1.2110(b)(3)(iv)(A). See generally D Block Waiver Order. See Second Report and Order, 22 FCC Rcd at 15428-79 ¶¶ 386-553. See Designated Entity Second Report and Order; Order on Reconsideration of the Designated Entity Second Report and Order; 47 C.F.R. §§ 1.2110, 1.2111, 1.2112, 1.2114. This attribution requirement based on D Block arrangements will affect the designated entity's ongoing eligibility for designated entity benefits. See, e.g., Designated Entity Second Report and Order, 21 FCC Rcd at 4759-60 ¶ 15, 4763-65 ¶¶ 25-30, 4765-68 ¶¶ 31-41; Order on Reconsideration of Designated Entity Second Report and Order, 21 FCC Rcd at 6712-13 ¶¶ 24-26; 47
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-26A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-26A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-26A1.txt
    • find that AT&T possesses the requisite basic qualifications to be the assignee of the licenses and authorizations currently held by Aloha. The vast majority of the licenses to be assigned were acquired with 35 percent bidding credits. Where applicants seek consent to assign licenses that were won at auction with bidding credits, we must ensure that, where applicable under section 1.2111(d)(2)(ii), bidding credits are repaid. Accordingly, any amount due arising out of unjust enrichment obligations must be paid before AT&T and Aloha may consummate their proposed transaction. Therefore, our approval of the assignment of licenses granted herein is conditioned upon assignors making unjust enrichment payments to the U.S. government pursuant to section 1.2111(d) of the Commission's rules. Consistent with our practice
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.txt
    • pay for its license through an installment payment plan partitions its license or disaggregates spectrum to another party (partitionee or disaggregatee) that would not qualify for an installment payment plan, or elects not to pay for its share of the license through installment payments, the outstanding principal balance owed by the partitionor or disaggregator shall be apportioned according to § 1.2111(e)(3) of this chapter. The partitionor or disaggregator is responsible for accrued and unpaid interest through and including the consummation date. (ii) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount of the outstanding principal balance on or before the consummation date. Failure to meet this condition will
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1_Rcd.pdf
    • an 7690 Federal Communications Commission FCC 10-106 installment payment plan partitions its license or disaggregates spectrum to another party (partitionee or disaggregatee) that would not qualify for an installment payment plan, or elects not to pay for its share of the license through installment payments, the outstanding principal balance owed by the partitionor or disaggregator shall be apportioned according to §1.2111(e)(3) of this chapter. The partitionor or disaggregator is responsible for accrued and unpaid interest through and including the consummation date. (ii) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount of the outstanding principal balance on or before the consummation date. Failureto meet this condition will result
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-5A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-5A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-5A1.txt
    • does not allege that it was harmed by the grant of its alternative request that the merits be addressed pursuant to Section 1.41. We agree with the Division, and NUSCO, that resolving the standing issue would not afford PSI any actual relief in this matter. We therefore affirm the Division's decision on this issue. Confidential Treatment of the Agreement. Section 1.2111(a) of the Commission's Rules provides that a licensee seeking to transfer or assign a license obtained at auction within three years of the grant must submit a copy of the agreement with the transfer or assignment application. As PSCID noted, ``The primary purpose of the requirement in Section 1.2111(a) . . . is `to monitor transfers of licenses awarded by
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-5A1_Rcd.pdf
    • in New Hampshire, western Massachusetts (Berkshire and Franklin Counties, and parts of Worcester, Hampshire, and Hamden Counties), and eastern Connecticut (Windham, Tolland, Hartford, NewLondon, and Middlesex Counties, and parts of New Haven, Litchfield, and Fairfield Counties); and to partition and disaggregate part of the channel block in the remaining parts of NewHaven, Litchfield, and Fairfield Counties. 5See 47 C.F.R. § 1.2111(a) ("An applicant seeking approval for a transfer of control or assignment . . . of a license within three years of receiving a newlicense through a competitive bidding procedure must, together with its (continued....) 526 Federal Communications Commission FCC 10-5 4.PSI7filed a petition to deny the application. The Bureau's Public Safety and Critical Infrastructure Division (PSCID) denied the petitionto deny,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.txt
    • automatically on that date without further Commission action pursuant to § 1.946 of this chapter. (h) Unjust Enrichment. Licensees making installment payments or that received a bidding credit, that partition their licenses or disaggregate their spectrum to entities that do not meet the eligibility standards for installment payments or bidding credits, are subject to the unjust enrichment requirements of § 1.2111 of this chapter. Add new § 1.953 to read as follows: § 1.953 Discontinuance of Service. (a) Termination of Authorization. A licensee's authorization will automatically terminate, without specific Commission action, if it permanently discontinues service. (b) 180-day Rule. Permanent discontinuance of service is defined as 180 consecutive days during which a licensee does not operate or, in the case of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
    • without further Commission actionpursuant to § 1.946of this chapter. (h) Unjust Enrichment. Licensees making installment payments or that received a bidding credit, that partition their licenses or disaggregate their spectrum to entities that do not meet the eligibility standards for installment payments or bidding credits, are subject to the unjust enrichment requirements 7046 Federal Communications Commission FCC 10-86 of § 1.2111 of this chapter. 4.Add new § 1.953 to read as follows: § 1.953 Discontinuance of Service. (a) Termination of Authorization. A licensee's authorization will automatically terminate, without specific Commission action, if it permanently discontinues service. (b) 180-day Rule. Permanent discontinuance of service is defined as 180 consecutive days during which a licensee does not operate or, in the case of
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-90A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-90A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-90A1.txt
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Denali Spectrum License Sub, LLC Petition for Forbearance under 47 U.S.C. § 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. § 1.2111(d)(2)(i) ) ) ) ) ) ) ) ) WT Docket No. 09-64 ORder Adopted: May 25, 2010 Released: May 25, 2010 By the Commission: introduction In this Order, we deny a request by Denali Spectrum License Sub, LLC (``Denali'') that we forbear from requiring it to repay benefits it received as a winning bidder in a Commission spectrum auction. Denali
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-90A1_Rcd.pdf
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission FCC 10-90 Beforethe Federal Communications Commission Washington, D.C. 20554 In the Matter of Denali Spectrum License Sub, LLC Petition for Forbearance under 47 U.S.C. § 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. § 1.2111(d)(2)(i) ))))))))WT Docket No. 09-64 ORDER Adopted: May 25, 2010 Released: May 25, 2010 By the Commission: I. INTRODUCTION 1.In this Order, we deny a request by Denali Spectrum License Sub, LLC ("Denali") that we forbear from requiring it to repay benefits it received as a winning bidder in a Commission spectrum auction.1Denali acquired a license at auction with a 25
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-12A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-12A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-12A1.txt
    • remove the two modifications in accordance with the Third Circuit's mandate and dismiss two pending petitions for reconsideration and associated filings that became moot as a result of the Court's decision. In Council Tree, the Third Circuit held that the Commission's impermissible material relationship rule in Section 1.2110(b)(3)(iv)(A) and its extension of the unjust enrichment period in 47 C.F.R. § 1.2111(d)(2) from five years to ten years had been adopted without the notice and opportunity for comment required by the Administrative Procedure Act. The Court thus vacated the impermissible material relationship rule and ordered reinstatement of the Commission's previous five year unjust enrichment payment schedule. The Court also denied the petition with respect to the attributable-material-relationship rule articulated in 47 C.F.R.
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-12A1_Rcd.pdf
    • we formally remove the two modifications in accordance with the Third Circuit's mandate and dismiss two pending petitions for reconsideration and associated filings that became moot as a result of the Court's decision. 2.InCouncil Tree,2the Third Circuit held that the Commission's impermissible material relationship rule in Section 1.2110(b)(3)(iv)(A) and its extension of the unjust enrichment period in 47 C.F.R. § 1.2111(d)(2) from five years to ten years had been adopted without the notice and opportunity for comment required by the Administrative Procedure Act.3The Court thus vacated the impermissible 1SeeCouncil Tree Communications, Inc. v. FCC, 619 F.3d 235 (3d Cir. 2010) ("Council Tree"), cert. denied, __ U.S. __, 131 S. Ct. 1784 (2011). 2619 F.3d 235. 3See5 U.S.C. § 553. The affected
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-98-26A1.txt
    • Rules in Part 1. Auction Rules Comparison Chart Part 1 Part 100 Auction Design § 1.2103 § 100.72 Acct. Mechanism § 1.2104 § 100.73 Bidder Eligibility § 1.2105 § 100.75 Upfront Payments § 1.2106 § 100.76 Winner Licensing § 1.2107, 8, & 9 § 100.78 Anti-Collusion § 1.2105(c) § 100.79 Default § 1.2109 § 100.74, 78 Assign or Transfer § 1.2111 § 100.80 We seek comment on the few differences between the auction rules contained in Parts 1 and 100 and whether these differences should be maintained. For example, the transfer disclosure requirements for Section 100.80 have a six-year disclosure period while the General Auction Rules have a three-year disclosure period in Section 1.2111. We seek comment more generally on whether
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-333A1.pdf
    • will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. (c) Unjust Enrichment. 24 GHz licensees that received a bidding credit and partition their licenses or disaggregate their spectrum to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in section 1.2111. (d) License Term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in section 101.67. 38. Section 101.537 is proposed to be added to read as follows: § 101.537 Competitive bidding: definitions. For the purpose of establishing eligibility requirements and bidding credits for competitive
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
    • minority- and women-owned businesses because the resulting predictability will facilitate the business planning and capital fundraising process. We furthermore believe that effective unjust enrichment rules are necessary to ensure that meaningful small business participation in spectrum-based services is not thwarted by transfers of licenses to non-designated entities. We will adopt for MAS spectrum the uniform procedures set forth in Sections 1.2111(d) and (e) of our Rules. As a result, we will calculate unjust enrichment payments using population to determine the relative value of the partitioned area and the amount of spectrum disaggregated to determine the relative value of the disaggregated spectrum. Population will be calculated based upon the latest available census data, which is the approach adopted in the 39 GHz
  • http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00401.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00401.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00401.txt
    • Public Forum on secondary markets a number of panelists described situations where existing licensees are not fully utilizing their assigned spectrum. Materials related to the May 31, 2000, Public Forum are available at http://www.fcc.gov/oet/. See Public Notice "FCC Announces Agenda For Public Forum On Secondary Markets In Radio Spectrum", DA 00-1139, 15 FCC Rcd 18667 (2000). See 47 CFR § 1.2111, implementing Section 310 of the Communications Act, as amended 47 U.S.C. 310. See 47 CFR 21.934 and 21.935 (MMDS), 47 CFR 74.990-74.992 (ITFS). See also Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order in IB Docket 95-117, 11 FC Rcd 21581 (1996). Shared use of the frequencies may be on a non-profit, cost-shared,
  • http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
    • license should be revoked, or to some other matter within the jurisdiction of the Commission."). 51 47 C.F.R. § 73.3613(b). 52 We note that in the Auction NPRM, we proposed to conduct broadcast spectrum auctions in conformity with the general competitive bidding rules set forth in Part I, Subpart Q of the Commission's rules. See Auction NPRM ¶ 51. Section 1.2111 of the Commission's rules provides that where a license has been obtained through a competitive bidding procedure, an applicant seeking approval to assign or transfer control of such license within the first three years of obtaining the license must file with the Commission the relevant assignment or transfer agreements or contracts. We recognize that Section 1.2111 is inconsistent with our
  • http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
    • certain about the motivations of noncommercial educational new station applicants who file after the adoption of this Order. Accordingly, we conclude that maintaining the status quo with respect to applications filed subsequent to the release of this Report and Order will help protect the integrity of the broadcast licensing process. Federal Communications Commission FCC 98-281 62 See 47 C.F.R. § 1.2111. 63 See Second Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, 9 FCC Rcd 2348, 2395 (1994) ( ¶ 264). 64 In designing the auction rules, the Commission was directed to "require such transfer disclosures and anti- trafficking restrictions ... as may be necessary to prevent unjust enrichment ...." 47 U.S.C. § 309 (j)(4)(E).
  • 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
    • licenses shall be surrendered for cancellation upon the death or legal disability of the licensee. Amateur station call signs assigned to the station of a deceased licensee shall be available for reassignment pursuant to section 97.19 of this chapter. (f) Disclosure requirements. Applicants for transfer or assignment of licenses in auctionable services must comply with the disclosure requirements of section 1.2111 of this part. (g) Trafficking. Applications for approval of assignment or transfer may be reviewed by the Commission to determine if the transaction is for purposes of trafficking in service authorizations. .......................(1) Trafficking consists of obtaining or attempting to obtain an authorization for the principal purpose of speculation or profitable resale of the authorization rather than for the provision of
  • 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
    • to be disaggregated, and to permit combined partitioning and disaggregation.62 We request comment on our proposal that licensees in the 746-764 MHz and 776- 794 MHz bands be eligible to the same extent to partition service areas and disaggregate spectrum. Federal Communications Commission FCC 99-97 63 47 C.F.R. § 27.15(b)(1). 64 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. 65 Part 27 Report and Order, 12 FCC Rcd at 10836 (para. 96) ("We also conclude that the specific rules pertaining to partitioning and disaggregation in WT Docket No. 96-148 shall apply to WCS licensees."); see also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, 21865 (paras. 42, 62-63). PAGE 18 38. Pursuant to Section 27.15, the
  • http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.doc http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.txt
    • FCC Rcd 12 (1998); In the Matter of Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them and Examination of Exclusivity and Frequency Assignments Policies of the Private Land Mobile Services, Second Report and Order, 12 FCC Rcd 14307. See 47 C.F.R. § 24.839. See 47 C.F.R. § 1.2111(d). See 47 U.S.C. § 309(j)(4)(E). These licensees are Orbital Communications Corp., Volunteers in Technical Assistance Inc., Final Analysis Communications, E-SAT Inc., and LEO One USA Corp. See Orbital Communications Corporation, Order and Authorization, 13 FCC Rcd 10828 (Int. Bur. 1998); Volunteers in Technical Assistance, Order and Authorization, 13 FCC Rcd 10845 (Int. Bur. 1998); Final Analysis Communications Services, Inc., Order
  • http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
    • to spectrum lessees will also be modified or eliminated. See, e.g., 47 C.F.R § 203. See, e.g., 47 C.F.R §§ 90.665; 90.685. We require this type of annual reporting requirement for the Guard Band Manager, and we will make it publicly available. See 700 MHz Second Report and Order, 15 FCC Rcd at 5333 (¶¶ 79-80). See 47 C.F.R. § 1.2111(d). See, e.g., CMRS Partitioning and Disaggregation Order, 11 FCC Rcd at 21851-55 (¶¶31-36), 21861-62 (¶¶ 51-55); Part 27 Report and Order, 12 FCC Rcd at 10838-39 (¶¶ 101-103). See id. Id. Id. Under Section 202 of the Act, non-discrimination requirements are placed upon common carriers. See 47 U.S.C. § 202. Violations of Section 202 are subject to enforcement under Section
  • http://transition.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.txt http://transition.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.wp
    • protects investor and does not constitute a transfer of control). 118 See Flathead Valley Broadcasters, Memorandum Opinion and Order, 5 RR 2d 74, 76 (1965) (security provision limiting capital expenditures, inter alia, without written permission of mortgagee does not transfer control of operation to mortgagee. Rather, the provision merely protects against "unusual expenditures of working capital."). 119 47 C.F.R. § 1.2111(a). 120 ABETG/Vizcarrondo Petition at 16-18. See 47 U.S.C. § 308(b) ("All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical and other qualifications of the applicant to operate the station . . ."). 21 44. We believe the provisions cited
  • http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/da000721.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/da000721.txt
    • document that explains precisely how the parties intend to operate Cellco or LASLP. USCC submits that, in the absence of such documents, the Commission cannot determine whether a grant of the Applications would be in the public interest. We disagree. The Commission's rules do not require the routine submission of underlying contracts and other documents in this case. Under section 1.2111 of the Commission's rules, a reporting requirement of this nature is only imposed when an applicant is ``seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure(.'' A review of our records indicates that none of the subject licenses
  • http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
    • Disaggregation Report and Order). 47 C.F.R. § 27.15. See Part 27 Report and Order, 12 FCC Rcd at 10836-39, paras. 96-103. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See Section 27.15(e)(1) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See Section 27.15(e)(2) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(2). See also Partitioning
  • http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
    • Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry Barriers, WT Docket No. 96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, paras. 13-17 (1996) (``Partitioning and Disaggregation Report and Order''). See 47 C.F.R. § 27.15(a). 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See 700 MHz First Report and Order at paras. 76-78. See 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See 47 C.F.R. § 27.15(e)(2). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd
  • http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
    • that begin after March 23, 1999, a winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in § 24.720(b)(2) or § 24.720(b)(5) may use a bidding credit of twenty-five percent as specified in § 1.2110(e)(2)(ii) of this chapter, to lower the cost of its winning bid. (c) Unjust enrichment. See § 1.2111 of this chapter. The unjust enrichment provisions of § 1.2111(d) and (e)(2) shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996. Amend § 24.714 by revising paragraphs (a)(2) and (a)(3) to read as follows:
  • http://transition.fcc.gov/eb/Orders/2007/DA-06-2358A1.html
    • Acct. No. 200732080002 ) ) CONSENT DECREE 1. The Bureau (as hereinafter defined) and Newcomm (as hereinafter defined), by their respective authorized representatives, hereby enter into this Consent Decree for the purposes of conditionally resolving and terminating the Bureau's investigation into violations by Newcomm of Section 310(d) of the Communications Act of 1934, as amended, and of Sections 1.2110 and 1.2111 of the Commission's Rules. 2. For the purposes of this Consent Decree, the following definitions apply: a. "Act" means the Communications Act of 1934, as amended; b. "Adopting Order" or "Order" means an order of the Enforcement Bureau adopting this Consent Decree; c. "Bureau" means the Enforcement Bureau of the Federal Communications Commission; d. "Commission" or "FCC" means the Federal
  • http://transition.fcc.gov/transaction/tmobile-verizonwireless/lead-application.pdf
    • granted by the Commission after an auction, even if the license was acquired in the secondary market. The initial grant date is not the date on which the Commission granted an assignment or transfer of control of the license. If the response to this item is `Y', the licenses may be subject to the FCC's unjust enrichment rules. See Section 1.2111(d), (e) of the Commission's Rules. If the response to 12a is `Y', Schedule A must be completed. ( ) Yes No 12b) Does this application for Assignment of Authorization or Transfer of Control involve any licenses that were originally subject to the Commission's installment payment plan? ( ) Yes No 12c) Does this application for Assignment of Authorization or Transfer
  • http://transition.fcc.gov/transaction/tmobile-verizonwireless/public-interest-statement.pdf
    • Efficiency and Enhance Capacity. Under the proposed intra-market spectrum swaps in 76 CMAs, T-Mobile and Verizon Wireless will assign equal amounts of AWS spectrum to each other within the same market, providing each Applicant with blocks of newly contiguous Partnership d/b/a Verizon Wireless and Rural Cellular Corp., 23 FCC Rcd 12463, 12477-78 ¶ 27 (2008). 9 See 47 C.F.R. § 1.2111. 10 See, e.g., Application of AT&T Mobility LLC and T-Mobile License LLC, WT Docket No. 12-21, File No. 0005005682, Ex. 1 at 4-5 (filed Dec. 16, 2011); Verizon Wireless-SpectrumCo Application, Ex. 1 at 7-10. 11 CTIA-The Wireless Association, Semi-Annual Wireless Industry Survey (Apr. 13, 2012); see also Cisco, Cisco Visual Networking Index: Global Mobile Data Traffic Forecast Update, 2011- 2016,
  • http://wireless.fcc.gov/auctions/00a/releases/fc000411.doc http://wireless.fcc.gov/auctions/00a/releases/fc000411.pdf http://wireless.fcc.gov/auctions/00a/releases/fc000411.txt
    • MHz Service system license, together with all of its component CTS licenses, may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in § 1.948 of this chapter. For licenses acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), designated entities must comply with §§ 1.2110 and 1.2111 of this chapter (see § 1.948(a)(3) of this chapter). (b) If the transfer, assignment, sale, or gift of a license is approved, the new licensee is held to the construction requirements set forth in § 95.833 of this part. 8. Section 95.861 is amended by revising paragraph (c) to read as follows: § 95.861 Interference. * * * * *
  • http://wireless.fcc.gov/auctions/00a/releases/fc990239.pdf http://wireless.fcc.gov/auctions/00a/releases/fc990239.txt http://wireless.fcc.gov/auctions/00a/releases/fc990239.wp
    • notion that incumbents (non-auction license 246 winners) have less incentive than auction license winners to quickly utilize the spectrum. 47 U.S.C. § 309(j)(4)(B) (1999). 247 47 C.F.R. § 95.819(b). 248 Competitive Bidding Fourth Report and Order, 9 FCC Rcd at 2335, 2343; see also 47 C.F.R. 249 § 95.819(a) (noting that transferability of auction won licenses is governed by Section 1.2111 of the Commission's rules). 41 the service rules and ensure regulatory parity among all of the 218-219 MHz licensees. One commenter, 244 who owns both lottery- and auction-won licenses, notes that it makes no sense to require buildout for the lottery market at an earlier time than the auctioned market. We agree. Although we have expressed 245 concern about system
  • http://wireless.fcc.gov/auctions/00c/releases/fc000063.doc http://wireless.fcc.gov/auctions/00c/releases/fc000063.pdf
    • (paras. 97-99, 102), citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48 (paras. 23-24). Id. at 10836 (para. 97). 47 C.F.R. § 27.15(b)(1); see also ULS Report and Order, 13 FCC Rcd at 21078-83 (paras. 109-122). 47 C.F.R. § 27.15(c); see also Part 27 Report and Order, 12 FCC Rcd at 10838-39 (par. 101); 47 C.F.R. § 1.2111. Part 27 Report and Order, 12 FCC Rcd at 10836 (para. 96) (concluding that the specific rules pertaining to partitioning and disaggregation in WT Docket No. 96-148 should apply to 2.3 GHz licensees); see also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, 21865 (paras. 42, 62-63); LMDS Fourth Report and Order, 13 FCC Rcd 11655, 11664-66
  • http://wireless.fcc.gov/auctions/02/releases/fc980228.pdf http://wireless.fcc.gov/auctions/02/releases/fc980228.txt http://wireless.fcc.gov/auctions/02/releases/fc980228.wp
    • service offerings, facilitate market development, provide a clear and expeditious accounting of spectrum Federal Communications Commission FCC 98-228 1992 Allocation Report and Order, 7 FCC Rcd at 1641. 172 47 C.F.R. § 95.819(b). 173 Competitive Bidding Fourth Report and Order, 9 FCC Rcd at 2335, 2343; see also 47 C.F.R. § 95.819(a) 174 (transferability of auction-won licenses governed by Section 1.2111 of the Commission's rules). See Section VI.C., supra. 175 See Section VI.F., infra. 176 Allocation Notice, 6 FCC Rcd at 1371. 177 47 C.F.R. § 95.813(b)(1). 178 Letter Amendment at 4-5; accord MKS Petition at 5; IIAP Letter at 2. 179 Competitive Bidding Sixth MO&O/Further Notice, 11 FCC Rcd at 19363. 180 25 use by licensees, and ensure that meaningful
  • http://wireless.fcc.gov/auctions/02/releases/smo96330.pdf http://wireless.fcc.gov/auctions/02/releases/smo96330.txt http://wireless.fcc.gov/auctions/02/releases/smo96330.wp
    • FCC Rcd 2348 at ¶ 154. 61 Fourth Report and Order, 9 FCC Rcd 2330 at ¶¶ 34-54. 62 See 47 C.F.R. §§ 95.816(d)(1). 63 Fourth Report and Order, 9 FCC Rcd 2330 at n.66. 64 Id. at ¶¶ 48-52. 65 Id. at ¶¶ 53-54; Second Report and Order, 9 FCC Rcd at ¶¶ 231-240. 66 See 47 C.F.R. §§ 1.2111, 95.816(e). 67 18 an auction closes (default) is likely to be more harmful than one that occurs before closing. We 61 noted, for example, that default reduces the likelihood that licenses will be assigned to those who value them the most and imposes additional costs on the government. Therefore, we determined that an additional 3 percent payment would discourage bidders
  • http://wireless.fcc.gov/auctions/04/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/04/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/04/releases/fmoo4285.wp
    • by contract) or involuntarily (for example, by death, bankruptcy or legal disability), directly or indirectly or by transfer of control of any corporation holding such authorization, only upon application and approval by the Commission. A transfer of control or assignment of station authorization in the broadband Personal Communications Service is also subject to §§ 24.711(c), 24.712(d), 24.713(b) (unjust enrichment) and 1.2111(a) of this Chapter (reporting requirement). * * * * * (d) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F. No xxii assignment or transfer of control of a license for frequency Block C or frequency Block F will be granted unless -- (1) The application for assignment or transfer of control is filed after five
  • http://wireless.fcc.gov/auctions/04/releases/frao3253.pdf http://wireless.fcc.gov/auctions/04/releases/frao3253.txt http://wireless.fcc.gov/auctions/04/releases/frao3253.wp
    • data necessary to evaluate our auction designs and to judge whether "licenses [have been] issued for bids that fall short of the true market value of the license." H.R. Rep. No. 103-111 at 257. Therefore, we imposed a transfer disclosure requirement on licenses obtained through the competitive bidding process, whether by a designated entity or not. See 47 C.F.R. § 1.2111(a). We believe that the transfer disclosure requirements contained in Section 1.2111(a) of the Commission's Rules should apply to all broadband PCS licenses obtained through the competitive bidding process. Generally, licensees transferring their licenses within three years after the initial license grant will be required to file, together with their transfer applications, the associated contracts for sale, option agreements, management agreements,
  • http://wireless.fcc.gov/auctions/05/releases/da012175.doc http://wireless.fcc.gov/auctions/05/releases/da012175.pdf http://wireless.fcc.gov/auctions/05/releases/da012175.txt
    • (1999). See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN Docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203 (2000); see also 47 C.F.R. §1.2111 (2000). See C/F Block Sixth Report and Order, 15 FCC Rcd at 16,290, ¶ 49, and 16,308-15, Appendix D. 47 U.S.C. § 309(j). See C/F Block Sixth Report and Order, 15 FCC Rcd at 16,290, ¶ 50. See 47 C.F.R. §§ 24.714(a) and 24.839(a) (2000). 47 C.F.R. § 24.714(a)(1) (2000). 47 C.F.R. § 0.331 (2000). Letter to Christine M. Crowe,
  • http://wireless.fcc.gov/auctions/05/releases/da993016.pdf http://wireless.fcc.gov/auctions/05/releases/da993016.txt http://wireless.fcc.gov/auctions/05/releases/da993016.wp
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 99-3016 D&E Communications, Inc., Request for Rule Waiver (filed May 20, 1999) ("Waiver Request"); see 47 C.F.R. 1 §§ 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a). Waiver Request at 3. 2 Id. 3 Id. 4 Id. 5 Before the Federal Communications Commission Washington, D.C. 20554 )) In the Matter of )) D&E Communications, Inc. ) ) Request for Waiver of Sections 24.712, ) 24.720(b)(1), 1.2111(d), and 24.839(a) of the ) Commission's Rules Regarding Eligibility to ) Acquire License as a Small Business ))) ORDER
  • http://wireless.fcc.gov/auctions/05/releases/fc980176.pdf http://wireless.fcc.gov/auctions/05/releases/fc980176.txt http://wireless.fcc.gov/auctions/05/releases/fc980176.wp
    • participate in the next reauction (and in reauctions for the ensuing two years). However, we do not feel that it is in the best interests of the public and, in particular, of competing small business bidders and licensees to provide a discount to applicants that no longer meet the small business size standards. 48. We remind applicants that, under Section 1.2111(d) of our rules, as amended, C block licensees that utilize a bidding credit, and during their initial license term seek to make a change in the ownership or control of a license that would result in the license's being owned or controlled by an entity that Federal Communications Commission FCC 98-176 See 47 C.F.R. § 1.2111(d). 174 Id. 175 C
  • http://wireless.fcc.gov/auctions/05/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/05/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/05/releases/fmoo4285.wp
    • by contract) or involuntarily (for example, by death, bankruptcy or legal disability), directly or indirectly or by transfer of control of any corporation holding such authorization, only upon application and approval by the Commission. A transfer of control or assignment of station authorization in the broadband Personal Communications Service is also subject to §§ 24.711(c), 24.712(d), 24.713(b) (unjust enrichment) and 1.2111(a) of this Chapter (reporting requirement). * * * * * (d) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F. No xxii assignment or transfer of control of a license for frequency Block C or frequency Block F will be granted unless -- (1) The application for assignment or transfer of control is filed after five
  • http://wireless.fcc.gov/auctions/06/releases/ro950230.pdf http://wireless.fcc.gov/auctions/06/releases/ro950230.txt http://wireless.fcc.gov/auctions/06/releases/ro950230.wp
    • begun commercial service within their BTA service areas and who seek approval for an assignment or transfer of control of their authorizations within three years after the receipt of such authorizations, in order to determine if any unforeseen problems relating to unjust enrichment have arisen outside the designated entity context. See Second Report and Order at 2385-2386; 47 C.F.R. § 1.2111(a). 160. After consideration, we determine not to adopt any additional restrictions on the assignments or transfers of BTA authorizations, outside of the designated entity context. In our opinion, unjust enrichment is unlikely to be a problem in the MDS competitive bidding process where the auction winners will pay the market price for their BTA authorizations and hence resale of such
  • http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
    • to "greenmail" current licensees. A party filing a petition to deny against a 900 215 Competitive Bidding Second Report & Order at ¶ 202. 216 47 U.S.C. § 309(j)(4)(E). 217 Competitive Bidding Second Report & Order at ¶¶ 210-226, 258-265. 218 See House Report at 257; Competitive Bidding Second Report & Order at ¶ 214. 219 See 47 C.F.R. § 1.2111(a). 220 Second R&O and Second Further Notice at ¶ 120. 221 47 MHz SMR application will be required to demonstrate standing and meet all other applicable filing requirements. The "greenmail" restrictions in Section 90.162 were established to prevent the filing of speculative applications and pleadings (or threats of the same) designed to extract money from 900 MHz SMR applicants. Thus,
  • 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
    • participate in the next reauction (and in reauctions for the ensuing two years). However, we do not feel that it is in the best interests of the public and, in particular, of competing small business bidders and licensees to provide a discount to applicants that no longer meet the small business size standards. 48. We remind applicants that, under Section 1.2111(d) of our rules, as amended, C block licensees that utilize a bidding credit, and during their initial license term seek to make a change in the ownership or control of a license that would result in the license's being owned or controlled by an entity that Federal Communications Commission FCC 98-176 See 47 C.F.R. § 1.2111(d). 174 Id. 175 C
  • http://wireless.fcc.gov/auctions/10/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/10/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/10/releases/fmoo4285.wp
    • by contract) or involuntarily (for example, by death, bankruptcy or legal disability), directly or indirectly or by transfer of control of any corporation holding such authorization, only upon application and approval by the Commission. A transfer of control or assignment of station authorization in the broadband Personal Communications Service is also subject to §§ 24.711(c), 24.712(d), 24.713(b) (unjust enrichment) and 1.2111(a) of this Chapter (reporting requirement). * * * * * (d) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F. No xxii assignment or transfer of control of a license for frequency Block C or frequency Block F will be granted unless -- (1) The application for assignment or transfer of control is filed after five
  • http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
    • on a price, but also any future, service-specific basis, permit contingent, in-kind, or other consortia, each member of which individually meets the eligibility requirements, to qualify for any designated entity provisions. (k) The Commission may, on a service-specific basis, permit publicly-traded companies that are owned by members of minority groups or women to qualify for any designated entity provisions. Sec. 1.2111 Assignment or transfer of control: unjust enrichment. (a) Reporting requirement. An applicant seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure must, together with its application for transfer of control or assignment, file with the Commission a statement
  • http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
    • contract) or involuntarily (for example, by death, bankruptcy or legal disability), directly or indirectly or by transfer of control of any corporation holding such authorization, only upon application and approval by the Commission. A transfer of control or assignment of station authorization in the broadband Personal Communications Service is also subject to §§ 24.711(e), 24.712(d), 24.713(b), 24.717(c) (unjust enrichment) and 1.2111(a) (reporting requirement). * * * * * (d) * * * (1) The application for assignment or transfer of control is filed after five years from the date of the initial license grant; or (2) The proposed assignee or transferee meets the eligibility criteria set forth in § 24.709 at the time the application for assignment or transfer of control
  • http://wireless.fcc.gov/auctions/11/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/11/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/11/releases/fmoo4285.wp
    • by contract) or involuntarily (for example, by death, bankruptcy or legal disability), directly or indirectly or by transfer of control of any corporation holding such authorization, only upon application and approval by the Commission. A transfer of control or assignment of station authorization in the broadband Personal Communications Service is also subject to §§ 24.711(c), 24.712(d), 24.713(b) (unjust enrichment) and 1.2111(a) of this Chapter (reporting requirement). * * * * * (d) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F. No xxii assignment or transfer of control of a license for frequency Block C or frequency Block F will be granted unless -- (1) The application for assignment or transfer of control is filed after five
  • http://wireless.fcc.gov/auctions/12/releases/f96-361.pdf http://wireless.fcc.gov/auctions/12/releases/f96-361.txt http://wireless.fcc.gov/auctions/12/releases/f96-361.wp
    • meet the construction requirements contained in 47 C.F.R. 85 § 22.946. See, e.g., Competitive Bidding Third Report and Order, 9 FCC Rcd at 2962, ¶¶ 51-52. 86 47 U.S.C. § 309(j)(4)(E). 87 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2384-88, ¶¶ 210-226, and 2394-95, ¶¶ 258-265. 88 Id. at 2385, ¶ 214. 89 See 47 C.F.R. § 1.2111(a). 90 18 process will forfeit all monies paid to the Commission if their licenses are revoked or canceled.85 37. In the event an auction winner defaults or is otherwise disqualified after an auction is closed, the Commission must exercise our discretion to decide whether to hold a new auction or offer the license to the second highest bidder. In exercising
  • 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
    • applies to assign or transfer control of a license to an entity that is eligible for a lower bidding credit, the difference between the bidding credit obtained by the assigning party and the bidding credit for which the acquiring party would qualify must be paid to Federal Communications Commission FCC 97-50 47 C.F.R. § 24.716(d)(2). See also 47 C.F.R § 1.2111. 418 97 the United States Treasury as a condition of approval of the assignment or transfer. These 418 provisions also will apply to WCS licensees who partition or disaggregate their licenses. 198. If a licensee that utilizes bidding credits seeks to make any change in ownership structure that would render the licensee ineligible for bidding credits, or eligible only for
  • http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
    • and other agreements, including oral agreements, which establish that the designated entity will have both de facto and de jure control of the entity. Such information must be maintained at the licensees' facilities or by their designated agents for the term of the license in order to enable the Commission to audit designated entity eligibility on an ongoing basis. Sec. 1.2111 Assignment or transfer of control: unjust enrichment. (a) Reporting requirement. An applicant seeking license transfer. No payment will be required if the approval for a transfer of control or assignment proposed transferee or assignee assumes the installment (otherwise permitted under the Commission's Rules) of a payment obligations of the transferor or assignor, and if license within three years of receiving
  • http://wireless.fcc.gov/auctions/17/releases/da020887.pdf http://wireless.fcc.gov/auctions/17/releases/da020887.txt
    • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 02-887 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Winstar LMDS, LLC (Chapter 7 Debtor) Request for Waiver of 1.2111(d) and 101.1107(e) of the Commission's Rules Regarding Unjust Enrichment Payment for Fifteen LMDS Licenses Purchased in Auction No. 17 Application for Assignment of Licenses and Authorizations from Winstar LMDS, LLC (Chapter 7 Debtor) to Winstar Spectrum, LLC ))))))))))))File No. 0000721683 ORDER Adopted: April 17, 2002 Released: April 17, 2002 By the Deputy Chief, Auctions and Industry Analysis Division: I. INTRODUCTION
  • 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
    • 1.2107. 513 PAGE 139 337. The Communications Act directs us to require such transfer disclosures and anti- trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits.'' As we proposed in the 508 Third NPRM, we will adopt the transfer disclosure requirements contained in Section 1.2111(a) of the Commission's Rules for all LMDS licenses obtained through the competitive bidding process. CellularVision agrees with the Commission's proposal not to limit transfers and 509 assignments of LMDS licenses. Rules governing transfer of LMDS licenses by designated 510 entities are discussed below. 511 (2) Anti-Collusion Rules 338. In the Third NPRM, we proposed to apply the anti-collusion rules set
  • http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
    • Safeguards (1) Transfer Disclosure 337. The Communications Act directs us to require such transfer disclosures and anti- trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits.'' As we proposed in the 508 Third NPRM, we will adopt the transfer disclosure requirements contained in Section 1.2111(a) of the Commission's Rules for all LMDS licenses obtained through the competitive bidding process. CellularVision agrees with the Commission's proposal not to limit transfers and 509 assignments of LMDS licenses. Rules governing transfer of LMDS licenses by designated 510 entities are discussed below. 511 (2) Anti-Collusion Rules 338. In the Third NPRM, we proposed to apply the anti-collusion rules set
  • http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
    • C.F.R. §§ 1.2105(c), 1.2107. 482 Competitive Bidding Fourth Memorandum Opinion and Order, 9 FCC Rcd at 6869 n.134 (para. 59). 483 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388 (para. 226). 484 47 U.S.C. § 309(j)(4)(E). 485 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2384-88, 2394-95 (paras. 210-226, 258- 486 265). See also Section 1.2111(a) of the Commission's Rules, 47 C.F.R. § 1.2111(a). Third Notice, 11 FCC Rcd at 260-61 (para. 145). 487 (2) Comments 274. The SMR Advisory Group supports our proposed anti-collusion rules for the Phase II 220 MHz service. No other commenters addressed this issue. 481 (3) Decision 275. We will require Phase II 220 MHz service applicants to comply with the
  • 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
    • C.F.R. §§ 1.2105(c), 1.2107. 482 Competitive Bidding Fourth Memorandum Opinion and Order, 9 FCC Rcd at 6869 n.134 (para. 59). 483 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388 (para. 226). 484 47 U.S.C. § 309(j)(4)(E). 485 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2384-88, 2394-95 (paras. 210-226, 258- 486 265). See also Section 1.2111(a) of the Commission's Rules, 47 C.F.R. § 1.2111(a). PAGE 117 (2) Comments 274. The SMR Advisory Group supports our proposed anti-collusion rules for the Phase II 220 MHz service. No other commenters addressed this issue. 481 (3) Decision 275. We will require Phase II 220 MHz service applicants to comply with the reporting requirements and rules prohibiting collusion embodied in
  • http://wireless.fcc.gov/auctions/18/releases/fc980186.pdf http://wireless.fcc.gov/auctions/18/releases/fc980186.txt http://wireless.fcc.gov/auctions/18/releases/fc980186.wp
    • 151 See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding Procedures, WT Docket No. 97- 152 82, Allocation of Spectrum Below 5 GHz transferred from Federal Government Use, ET Docket No. 94-32, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd. 374, 405-409, ¶¶ 49-57 (1997). See also 47 C.F.R. § 1.2111(d), (e). The approach in Part 1 of the Commission's Rules is the same as set forth in the Fifth NPRM. We also followed this approach to unjust enrichment in the context of partitioning and disaggregation in other services. See Broadband PCS R&O, 11 FCC Rcd. at 21,852, ¶¶ 34-35; 800 MHz SMR Second Report and Order, 12 FCC Rcd. at
  • http://wireless.fcc.gov/auctions/19/releases/fc950319.pdf http://wireless.fcc.gov/auctions/19/releases/fc950319.txt http://wireless.fcc.gov/auctions/19/releases/fc950319.wp
    • the close of bidding. 3. Regulatory Safeguards a. Unjust Enrichment Provisions 80. The Reconciliation Act directs the Commission to "require such transfer disclosures and anti-trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits." We will adopt 125 the transfer disclosure requirements contained in Section 1.2111(a) of our rules for all 4660-4685 MHz licenses obtained through the competitive bidding process. In addition, we adopt the specific rules governing unjust enrichment by designated entities, discussed below, as proposed in the Notice. Generally, applicants transferring their licenses within three years after the initial license grant will be required to file, together with their transfer application, the associated contracts
  • 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
    • 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) and (c) will
  • http://wireless.fcc.gov/auctions/20/releases/da981796.pdf http://wireless.fcc.gov/auctions/20/releases/da981796.txt http://wireless.fcc.gov/auctions/20/releases/da981796.wp
    • each of the following: 1) the applicant; 2) the applicant's affiliates; 3) the applicant's attributable investors; and 4) the affiliates of the applicant's attributable investors. Certification that the average gross revenues for the preceding three years do not exceed the applicable limit is not sufficient. A statement of the total gross revenues for the preceding three See 47 C.F.R. § 1.2111. 9 years is also insufficient. The applicant must provide a schedule of gross revenues for each of the preceding three years, as well as a statement of total average gross revenues for the three-year period. If the applicant is applying as a consortium of very small or small businesses, each consortium member must provide this information. B. Bidding Credits Qualifying
  • http://wireless.fcc.gov/auctions/20/releases/fc980151.pdf http://wireless.fcc.gov/auctions/20/releases/fc980151.txt http://wireless.fcc.gov/auctions/20/releases/fc980151.wp
    • structure their business plans, while ensuring that partitioning and Federal Communications Commission FCC 98-151 See Amendment of Part 1 of the Commission's Rules -- Competitive Bidding, Third Report and Order and Second Further Notice 133 of Proposed Rule Making, WT Docket No. 97-82, 13 FCC Rcd 374, 405 (1997) (Part 1 Third Report and Order); see also 47 C.F.R. § 1.2111(c). Second Further Notice, 12 FCC Rcd at 16997. 134 See 47 C.F.R. § 80.385(b). 135 Second Further Notice, 12 FCC Rcd at 16998. 136 18 disaggregation not be used as a vehicle for circumventing the applicable construction requirements. 41. We will allow parties to partitioning agreements to choose between two options for satisfying the construction requirements: (a) the parties may
  • http://wireless.fcc.gov/auctions/21/releases/da981879.pdf http://wireless.fcc.gov/auctions/21/releases/da981879.txt http://wireless.fcc.gov/auctions/21/releases/da981879.wp
    • with average gross revenues not to exceed $15 million for the preceding three years receives a 25 percent discount on its winning bids for LMS licenses; and, # A bidder with average gross revenues not to exceed $3 million for the preceding three years receives a 35 percent discount on its winning bids for LMS licenses. See 47 C.F.R. § 1.2111. 17 11 Bidding credits are not cumulative: qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. The definitions of very small business and small business (or consortiums of very small or small businesses) (including calculation of average gross revenues) are set forth in 47 C.F.R. § 90.1103(b). LMS bidders should note that unjust
  • http://wireless.fcc.gov/auctions/21/releases/fc970305.pdf http://wireless.fcc.gov/auctions/21/releases/fc970305.txt http://wireless.fcc.gov/auctions/21/releases/fc970305.wp
    • any particular services, technologies or products, nor does an FCC license constitute a guarantee of business success. Applicants should perform their individual due diligence before proceeding as they would with any new business venture. See, e.g., 47 U.S.C. § 309(j)(4)(D). 128 Second Memorandum Opinion and Order, PP Docket No. 93-253, 9 FCC Rcd 7245, 7268-69 (1994). 129 47 C.F.R. § 1.2111. 130 27 competitive bidding for these licenses will promote the public interest objectives set forth in Section 309(j)(3).125 73. Under the spectrum plan we adopted in the LMS Report and Order and reaffirm here, three blocks of spectrum are allocated to multilateration LMS systems: (1) 904.000-909.750 MHz and 927.750- 928.000 MHz; (2) 919.750-921.750 MHz and 927.500-927.750 MHz; and, (3) 921.750-927.250
  • http://wireless.fcc.gov/auctions/21/releases/fc980157.pdf http://wireless.fcc.gov/auctions/21/releases/fc980157.txt http://wireless.fcc.gov/auctions/21/releases/fc980157.wp
    • Rcd at 21866, ¶ 66 (1996); Wireless 95 Communications Service Report and Order, 12 FCC Rcd at 10839, ¶ 102 (1997); and 800 MHz SMR Second Report and Order, 12 FCC Rcd at 19150, ¶ 217 (1997). Comtrak Comments at 7. 96 See Part 1 Third Report and Order, 13 FCC Rcd at 405-06, ¶ 50. 97 See C.F.R. §§ 1.2111(e)(1)-(2). 98 For example, if an LMS licensee that availed itself of a bidding credit and a non-qualifying 99 partitionee/disaggregatee were to agree on a 20 percent disaggregation of spectrum over 30 percent of the population of the licensed service area, an unjust enrichment payment of six percent (.20 x .30) of the bidding credit would be required. 21 disaggregate spectrum
  • http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
    • entity applies to partition its license or disaggregate spectrum, unjust enrichment rules must exist in order to ensure that non-small business entities cannot take indirect advantage of our small business incentives. Comtrak Federal Communications Commission FCC 98-157 Comtrak Comments at 7. 96 See Part 1 Third Report and Order, 13 FCC Rcd at 405-06, ¶ 50. 97 See C.F.R. §§ 1.2111(e)(1)-(2). 98 For example, if an LMS licensee that availed itself of a bidding credit and a non-qualifying 99 partitionee/disaggregatee were to agree on a 20 percent disaggregation of spectrum over 30 percent of the population of the licensed service area, an unjust enrichment payment of six percent (.20 x .30) of the bidding credit would be required. 21 agrees with
  • http://wireless.fcc.gov/auctions/22/releases/da982604.pdf http://wireless.fcc.gov/auctions/22/releases/da982604.txt http://wireless.fcc.gov/auctions/22/releases/da982604.wp
    • small or small business (or a consortium of See letter from Aida Alvarez, Administrator, U.S. Small Business Administration, to Amy J. Zoslov, Chief 48 (Acting), Wireless Telecommunications Bureau, Federal Communications Commission (December 2, 1998) (approving the Commission's small business and very small business definitions for use in the upcoming C, D, E, and F block auction(s)). See 47 C.F.R. § 1.2111; see also id. § 24.714(a)(3) (partitioning and disaggregation restrictions on C and F 49 block licensees). 15 very small or small businesses) will be required to file as Exhibit C to their FCC Form 175 short form applications, all information required under Sections 1.2105(a), 1.2112(b), and 24.709. In addition, these applicants must disclose, separately and in the aggregate, the gross
  • http://wireless.fcc.gov/auctions/22/releases/fc980176.pdf http://wireless.fcc.gov/auctions/22/releases/fc980176.txt http://wireless.fcc.gov/auctions/22/releases/fc980176.wp
    • participate in the next reauction (and in reauctions for the ensuing two years). However, we do not feel that it is in the best interests of the public and, in particular, of competing small business bidders and licensees to provide a discount to applicants that no longer meet the small business size standards. 48. We remind applicants that, under Section 1.2111(d) of our rules, as amended, C block licensees that utilize a bidding credit, and during their initial license term seek to make a change in the ownership or control of a license that would result in the license's being owned or controlled by an entity that Federal Communications Commission FCC 98-176 See 47 C.F.R. § 1.2111(d). 174 Id. 175 C
  • http://wireless.fcc.gov/auctions/22/releases/pcsbipa.pdf
    • installment payment plans in Auction No. 22. 14 See letter from Aida Alvarez, Administrator, U.S. Small Business Administration, to Amy J. Zoslov, Chief (Acting), Wireless Telecommunications Bureau, Federal Communications Commission (December 2, 1998) (approving the Commission's small business and very small business definitions for use in the upcoming C, D, E, and F block auction(s)). 15 See 47 C.F.R. § 1.2111; see also id. § 24.714(a)(3) (partitioning and disaggregation restrictions on C and F block licensees). Permissible Operations: Broadband PCS encompasses a variety of mobile and/or portable radio services, using such devices as small, lightweight, multifunction portable phones, portable fax machines, and advanced devices with two-way data capabilities that are competing with existing cellular, paging, and other land mobile services. Key
  • http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
    • participate in the next reauction (and in reauctions for the ensuing two years). However, we do not feel that it is in the best interests of the public and, in particular, of competing small business bidders and licensees to provide a discount to applicants that no longer meet the small business size standards. 48. We remind applicants that, under Section 1.2111(d) of our rules, as amended, C block licensees that utilize a bidding credit, and during their initial license term seek to make a change in the ownership or control of a license that would result in the license's being owned or controlled by an entity that Federal Communications Commission FCC 98-176 See 47 C.F.R. § 1.2111(d). 174 Id. 175 C
  • http://wireless.fcc.gov/auctions/24/releases/da990474.pdf http://wireless.fcc.gov/auctions/24/releases/da990474.txt http://wireless.fcc.gov/auctions/24/releases/da990474.wp
    • for the preceding three years receives a 25 percent discount on its winning bids for Phase II 220 MHz Service licenses; and, # A bidder with average gross revenues of not more than $3 million for the preceding three years receives a 35 percent discount on its winning bids for Phase II 220 MHz Service licenses. See 47 C.F.R. § 1.2111. 22 See Part 1 Third Report and Order, 13 FCC Rcd at 410-11, ¶¶ 59-62; 47 C.F.R. § 1.2105(a). 23 Id. at 412, ¶ 62. 24 12 Bidding credits are not cumulative: qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Guidance on calculating gross revenues is contained in 47 C.F.R. § 90.1021(c).
  • http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
    • the audited financial statements of the entity's predecessor-in-interest or, if there is no identifiable predecessor-in-interest, unaudited financial statements certified by the applicant as accurate. When an applicant does not otherwise use audited financial statements, its gross revenues may be certified by its chief financial officer or its equivalent and must be prepared in accordance with Generally Accepted Accounting Principles. § 1.2111 Assignment or transfer of control: unjust enrichment. (a) Reporting requirement. An applicant seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure must, together with its application for transfer of control or assignment, file with the Commission's statement indicating
  • http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
    • of its filing, to conflict with a subsequently filed application. If ultimately adopted, our proposal 211 to provide cut-off protection for AM and FM translator minor modification applications as of the date of filing with the Commission should reduce the potential for mutual exclusivity between minor modification applications.212 184. Transfer and Assignment of Broadcast Permits Awarded by Auction. Under Section 1.2111(a) of the general auction rules, an applicant seeking approval of a transfer of control or assignment of a license within three years of receipt of such license by means of competitive bidding must, together with its transfer or assignment application, file with the Commission a statement indicating that its license was obtained through competitive bidding. Such applicant must also file
  • http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
    • Opposition, have not been considered here. For this reason, we also decline KM Communications' request that we impose sanctions against Bechtel & Cole for the filing of an allegedly scandalous and unsupported pleading. See 47 C.F.R. § 1.2104(g) (providing for penalties in the case of default or disqualification after the close of the 18 auction). See also 47 C.F.R. § 1.2111(a) (prescribing special disclosure requirements in the event of a transfer or assignment of a license held by auction winner within three years of the receipt of the license); First Report and Order, 13 FCC Rcd at 15992. 9 agreement. In a related context, two applicants in frozen hearing cases, who filed settlement agreements within the 180-day period specified in Section
  • http://wireless.fcc.gov/auctions/26/releases/fc970059.pdf http://wireless.fcc.gov/auctions/26/releases/fc970059.txt http://wireless.fcc.gov/auctions/26/releases/fc970059.wp
    • disclosure requirements 160. Background. In Section 309(j)(4)(E) of the Communications Act, Congress directed the Commission to "require such transfer disclosures, anti-trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits." In the Notice, we proposed to adopt the transfer disclosure 368 requirements contained in Section 1.2111(a) of our rules for all paging licenses obtained through the competitive bidding process. 369 161. Comments. The commenters differ on whether transfer disclosure rules should apply to paging licenses awarded through competitive bidding. The FTC, for example, supports application of a transfer disclosure requirement, noting it would inhibit telemarketers from winning licenses at Federal Communications Commission FCC 97-59 FTC Comments
  • http://wireless.fcc.gov/auctions/26/releases/fc990098.pdf http://wireless.fcc.gov/auctions/26/releases/fc990098.txt http://wireless.fcc.gov/auctions/26/releases/fc990098.wp
    • * * Federal Communications Commission FCC 99-98 93 (4) If a small business that utilizes a bidding credit under this section partitions its authorization or disaggregates its spectrum to an entity not meeting the eligibility standards for the same bidding credit, the partitioning or disaggregating licensee will be subject to the provisions concerning unjust enrichment as set forth in § 1.2111(e)(2) and (3) of this chapter. 5. Section 22.219 is removed. 6. Section 22.221 is amended by revising paragraphs (b) and (c) to read as follows: § 22.221 Eligibility for partitioned authorizations. * * * * * (b) Each party to an agreement to partition the authorization must file a long-form application (FCC Form 601) for its respective, mutually agreed-upon geographic
  • http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
    • percent, after which there will be no assessment. (4) If a small business that utilizes a bidding credit under this section partitions its authorization or disaggregates its spectrum to an entity not meeting the eligibility standards for the same bidding credit, the partitioning or disaggregating licensee will be subject to the provisions concerning unjust enrichment as set forth in § 1.2111(e)(2) and (3) of this chapter. § 22.221 Eligibility for partitioned licenses. If partitioned licenses are being applied for in conjunction with a license(s) to be awarded through competitive bidding procedures-- (a) The applicable procedures for filing short-form applications and for submitting upfront payments and down payments contained in this chapter shall be followed by the applicant, who must disclose as
  • http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
    • of its filing, to conflict with a subsequently filed application. If ultimately adopted, our proposal 211 to provide cut-off protection for AM and FM translator minor modification applications as of the date of filing with the Commission should reduce the potential for mutual exclusivity between minor modification applications.212 184. Transfer and Assignment of Broadcast Permits Awarded by Auction. Under Section 1.2111(a) of the general auction rules, an applicant seeking approval of a transfer of control or assignment of a license within three years of receipt of such license by means of competitive bidding must, together with its transfer or assignment application, file with the Commission a statement indicating that its license was obtained through competitive bidding. Such applicant must also file
  • 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
    • Opposition, have not been considered here. For this reason, we also decline KM Communications' request that we impose sanctions against Bechtel & Cole for the filing of an allegedly scandalous and unsupported pleading. See 47 C.F.R. § 1.2104(g) (providing for penalties in the case of default or disqualification after the close of the 18 auction). See also 47 C.F.R. § 1.2111(a) (prescribing special disclosure requirements in the event of a transfer or assignment of a license held by auction winner within three years of the receipt of the license); First Report and Order, 13 FCC Rcd at 15992. 9 agreement. In a related context, two applicants in frozen hearing cases, who filed settlement agreements within the 180-day period specified in Section
  • http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
    • Transfer Disclosure Requirements 141. Background. In Section 309(j) of the Communications Act, Congress directed the Commission to "require such transfer disclosures and anti-trafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits." 250 142. Discussion. We will adopt the transfer disclosure requirements contained in Section 1.2111(a) of our rules, as amended by the Part 1 proceeding, for all 39 GHz licenses obtained through competitive bidding. Generally, applicants transferring their licenses within three years after the initial license grant will be required to file, together with their transfer applications, the associated contracts for sale, option agreements, management agreements, and all other documents disclosing the total consideration received
  • http://wireless.fcc.gov/auctions/30/releases/fc990179.pdf http://wireless.fcc.gov/auctions/30/releases/fc990179.txt http://wireless.fcc.gov/auctions/30/releases/fc990179.wp
    • license renewal provided in 47 C.F.R. § 1.949, 39 GHz licensees seeking renewal of station authorizations must file applications no later than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior to the date of license expiration. ! Consistent with the Part 1 competitive bidding provision contained in 47 C.F.R. § 1.2111(e), unjust enrichment payments for 39 GHz licensees that obtain a bidding credit at auction, and subsequently partition or disaggregate to an entity that would not have qualified for such a credit, will be calculated on a pro rata basis, using population to determine the relative value of the partitioned area, the amount of spectrum disaggregated to determine the relative value
  • 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
    • Disaggregation Report and Order). 47 C.F.R. § 27.15. See Part 27 Report and Order, 12 FCC Rcd at 10836-39, paras. 96-103. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See Section 27.15(e)(1) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See Section 27.15(e)(2) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(2). See also Partitioning
  • 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
    • Opposition, have not been considered here. For this reason, we also decline KM Communications' request that we impose sanctions against Bechtel & Cole for the filing of an allegedly scandalous and unsupported pleading. See 47 C.F.R. § 1.2104(g) (providing for penalties in the case of default or disqualification after the close of the 18 auction). See also 47 C.F.R. § 1.2111(a) (prescribing special disclosure requirements in the event of a transfer or assignment of a license held by auction winner within three years of the receipt of the license); First Report and Order, 13 FCC Rcd at 15992. 9 agreement. In a related context, two applicants in frozen hearing cases, who filed settlement agreements within the 180-day period specified in Section
  • 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
    • Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry Barriers, WT Docket No. 96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, paras. 13-17 (1996) (``Partitioning and Disaggregation Report and Order''). See 47 C.F.R. § 27.15(a). 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See 700 MHz First Report and Order at paras. 76-78. See 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See 47 C.F.R. § 27.15(e)(2). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd
  • http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
    • on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. § 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. C/F Block Sixth Report and Order, ¶ 51; 47 C.F.R. § 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply at 5. See 47 C.F.R. § 1.2111. See 47
  • http://wireless.fcc.gov/auctions/35/releases/fc000197.doc http://wireless.fcc.gov/auctions/35/releases/fc000197.pdf http://wireless.fcc.gov/auctions/35/releases/fc000197.txt
    • § 24.839 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203; see also id. §§ 1.2111. See CIRI Opposition at 2-6. 47 C.F.R. § 24.710. Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5606, ¶ 171. Id. at 5606 ¶ 170. See C Bock Second Report and Order, 12 FCC Rcd at 16,455-56, ¶¶ 38-39; C Block Reconsideration Order, 13 FCC Rcd at 8366-67, ¶ 49; ``Wireless Telecommunications Bureau Announces Broadband Personal Communications Services
  • http://wireless.fcc.gov/auctions/35/releases/fc000313A.doc http://wireless.fcc.gov/auctions/35/releases/fc000313A.pdf http://wireless.fcc.gov/auctions/35/releases/fc000313A.txt
    • that begin after March 23, 1999, a winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in § 24.720(b)(2) or § 24.720(b)(5) may use a bidding credit of twenty-five percent as specified in § 1.2110(e)(2)(ii) of this chapter, to lower the cost of its winning bid. (c) Unjust enrichment. See § 1.2111 of this chapter. The unjust enrichment provisions of § 1.2111(d) and (e)(2) shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996. Amend § 24.714 by revising paragraphs (a)(2) and (a)(3) to read as follows:
  • http://wireless.fcc.gov/auctions/39/releases/da010746.doc http://wireless.fcc.gov/auctions/39/releases/da010746.pdf http://wireless.fcc.gov/auctions/39/releases/da010746.txt
    • non-tax debt owed to any Federal agency at the time the applicant files its FCC Form 175, the applicant will not be able to make the certification required by Section 1.2105(a)(2)(x) of the Commission's rules and will not be eligible to participate in Auction No. 39. 47 C.F.R. §§ 1.2110; 1.2105(a)(2)(x). See 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 1.2111(d), (e)(2)-(3). See 47 C.F.R. § 1.2105(a). See 47 C.F.R. § 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd 12035 (1999). Amendment of Part 1 of the Commission's rules - Competitive Bidding Proceeding, WT Docket No. 97-82, Order, Memorandum Opinion and Order and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5697-5698,
  • http://wireless.fcc.gov/auctions/41/releases/fc000159.doc http://wireless.fcc.gov/auctions/41/releases/fc000159.pdf http://wireless.fcc.gov/auctions/41/releases/fc000159.txt
    • attorney or engineer (average of $200 per hour) to prepare the information. Narrowband PCS applicants and licensees, including small businesses, will be subject to the reporting and recordkeeping requirements already contained in the Commission's Part 1 competitive bidding rules, which apply to all auctionable services. These Part 1 rules include the unjust enrichment rule set forth at 47 C.F.R. § 1.2111, which includes a reporting requirement for applicants seeking approval of a transfer of control or assignment of license within three years of receiving a new license through competitive bidding. The Part 1 rules also include the uniform ownership disclosure requirements of 47 C.F.R. § 1.2112, which require all auction applicants to disclose the real party or parties in interest by
  • http://wireless.fcc.gov/auctions/42/releases/da000307.doc http://wireless.fcc.gov/auctions/42/releases/da000307.pdf http://wireless.fcc.gov/auctions/42/releases/da000307.txt
    • Services, CC Docket No. 92-297, Fourth Report and Order, 13 FCC Rcd 11655 (1998) (LMDS Fourth Report and Order); Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (``WCS''), GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10836 (1997) (WCS Report and Order).'' Footnote 196 is revised to replace ``See 47 C.F.R. § 1.2111(e); Part 1 Third Report and Order, 13 FCC Rcd at 405.'' with ``See 47 C.F.R. § 1.2111(e); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 405 (1997), modified by Erratum, DA 98-419 (rel. Mar. 2, 1998)
  • http://wireless.fcc.gov/auctions/42/releases/fc990415.doc http://wireless.fcc.gov/auctions/42/releases/fc990415.pdf http://wireless.fcc.gov/auctions/42/releases/fc990415.txt
    • minority- and women-owned businesses because the resulting predictability will facilitate the business planning and capital fundraising process. We furthermore believe that effective unjust enrichment rules are necessary to ensure that meaningful small business participation in spectrum-based services is not thwarted by transfers of licenses to non-designated entities. We will adopt for MAS spectrum the uniform procedures set forth in Sections 1.2111(d) and (e) of our Rules. As a result, we will calculate unjust enrichment payments using population to determine the relative value of the partitioned area and the amount of spectrum disaggregated to determine the relative value of the disaggregated spectrum. Population will be calculated based upon the latest available census data, which is the approach adopted in the 39 GHz
  • http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
    • , 11160 ¶ 10 (2001). 512 See Gila River Comments at 16. 513 See 47 U.S.C. § 309(j)(4)(E). 514 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, 2394 ¶¶ 258-59 (1994). 515 See Gila River Comments at 16. 516 See 47 C.F.R. § 1.2111(e)(3) (apportioning unjust enrichment payments). Federal Communications Commission FCC 01-364 71 benefits.517 Finally, we note that the question of the applicability of the unjust enrichment rules to leasing situations is under consideration in our Secondary Markets proceeding.518 Because that issue is outside of the scope of this proceeding, we defer our consideration of this issue to that proceeding. 178. We will
  • http://wireless.fcc.gov/auctions/46/releases/fc020015.pdf http://wireless.fcc.gov/auctions/46/releases/fc020015.txt
    • to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus the possibility of harmful interference increases). 220 47 C.F.R. § 27.15. 221 Part 27 Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 222 47 C.F.R. § 27.15(b)(1). 223 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. Federal Communications Commission FCC 02-15 37 6. Individual Station Licenses 91. We have proposed geographic area licensing for several bands. Under geographic area licensing, the licensee has exclusive use to operate within its geographic service area. Ordinarily licensees may operate without filing an application for individual stations within its service area. Nonetheless, we believe there are situations in which we
  • http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
    • page) qualifying entity. Disaggregation allows for multiple transmitters in the same area operated by different companies (thus the possibility of harmful interference increases). 257 47 C.F.R. § 27.15. 258 WCS Report and Order, 12 FCC Rcd at 10836-39 ¶¶ 96-103. 259 ArrayComm Comments at 14-15; Data Flow Comments at 5. 260 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. 261 See 47 C.F.R. § 27.15(d); see also supra ¶ 67-70. 262 See, e.g., LMDS Fourth Report and Order, 13 FCC Rcd at 11664-65 ¶ 16. 263 See 47 C.F.R. § 27.15(e)(1); see, e.g., PCS Order, 11 FCC Rcd at 21855; LMDS Report and Order, 13 FCC Rcd at 11665 ¶ 16. 264See 47 C.F.R. § 27.15(e)(1); see, e.g., LMDS
  • http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
    • agreement shall remain in effect on all parties regardless of an assignment or partitioning arrangement unless a new agreement is reached. In effect, the frequency coordination agreement will convey with the license. Finally, MVDDS licensees who receive bidding credits at auction and subsequently seek to partition their geographic area(s) will be subject to the unjust enrichment provisions contained in Section 1.2111(e) of our rules.446 184. Although commenters provided alternatives to allow disaggregation,447 we find the increase in possible interference to be too great and decline to permit disaggregation at this time. We are also concerned that permitting disaggregation would make it difficult to determine which licensee is causing the interference problem and therefore which would be responsible for correcting it. We
  • http://wireless.fcc.gov/auctions/53/resources/M_Pollak.doc http://wireless.fcc.gov/auctions/53/resources/M_Pollak.pdf
    • to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). (d) Unjust enrichment. 12 GHz licensees that received a bidding credit and partition their licenses to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in § 1.2111 of this chapter. (e) License term. The MVDDS license term is ten years, beginning on the date of the initial authorization grant. The license term for a partitioned license area shall be the remainder of the original licensee's license term as provided for in § 101.1413 of this part. (f) Construction requirements. Applications requesting approval for partitioning must include a
  • http://wireless.fcc.gov/auctions/55/resources/ServiceRulesandDueDiligence1.pdf
    • 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 payments are required for transfers of licenses which received bidding credits to a transferee who is not eligible for the same bidding credit (based on gross revenues) § 1.2111 THE END Any Questions? Contact: Evan Baranoff, 202-418-7142, Evan.Baranoff@fcc.gov Due Diligence and Post-auction Process
  • http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
    • all parties regardless of an assignment or partitioning and/or disaggregation arrangements unless a new agreement is reached. In effect, the frequency coordination agreement will convey with the license. Finally, 24 GHz band licensees who receive bidding credits at auction and subsequently seek to partition or disaggregate their spectrum holding(s) will be subject to the unjust enrichment provisions contained in Section 1.2111(e) of our Rules. Foreign Ownership Restrictions Background. Foreign ownership and citizenship requirements for 24 GHz band licensees are set forth in Sections 310(a) and 310(b) of the Communications Act, as modified by the 1996 Act, which restricts the issuance of licenses to certain applicants. Section 310(a) prohibits any foreign government or representative from holding a station license. Section 310(b) prohibits
  • http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.doc http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.pdf
    • seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). (d) Unjust enrichment. 12 GHz licensees that received a bidding credit and partition their licenses to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in §1.2111 of this chapter. (e) License term. The MVDDS license term is ten years, beginning on the date of the initial authorization grant. The license term for a partitioned license area shall be the remainder of the original licensee's license term as provided for in §101.1413. (f) Construction requirements. Applications requesting approval for partitioning must include a certification by each party
  • http://wireless.fcc.gov/auctions/72/resources/LicensingMatters.pdf
    • receive 25% discount on winning bid ­­""Very small business Very small business""­­with gross revenues that do not with gross revenues that do not exceed $3 million, receive 35% discount on winning bid exceed $3 million, receive 35% discount on winning bid ­­See section 1.2110 of Commission See section 1.2110 of Commission''s rules s rules ··Unjust Enrichment Unjust Enrichment ­­see section 1.2111 see section 1.2111 ··Tribal lands bidding credit Tribal lands bidding credit ­­See sections 1.2107(e) & 1.2110(f) of Commission See sections 1.2107(e) & 1.2110(f) of Commission''s rules s rules ­­More on these credits in later slides More on these credits in later slides Due Diligence Due Diligence ··Applicant responsibility Applicant responsibility. Applicants should . Applicants should perform their individual due diligence
  • http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=46
    • operates in the quiet zones listed under Part 1, 1.924. 3. Prior to construction of a station, a licensee must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by Part 17. 4. Partitioning and/or disaggregation is permitted. (See 47 C.F.R. 27.15). 5. Subject to unjust enrichment provision. (See 47 C.F.R. 1.2111(e)). 6. Provides for traditional licensing and band manager options. [51]Return to Top Arrow Return To Top Last reviewed/updated on 8/30/2006 [52]FCC Home [53]Search [54]RSS [55]Updates [56]E-Filing [57]Initiatives [58]Consumers [59]Find People General Auctions Information [60]Licensing, Technical Support and Website Issues [61]Auctions Contact Information - [62]Forgot Your Password? - [63]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street
  • http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=66
    • Auction 66 License AW-BEA114-C [81]pdf - [82]Word 11/30/2010 LETTER (DA 10-2261) Final Bid Withdrawal Payment for Bid on Auction 66 License AW-REA012-F (Gulf of Mexico) [83]pdf - [84]Word 5/25/2010 ORDER (FCC 10-90) In the Matter of Denali Spectrum License Sub, LLC, Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) [85]pdf - [86]Word [87]Return to Top Arrow Return To Top Last reviewed/updated on 12/1/2010 [88]FCC Home [89]Search [90]RSS [91]Updates [92]E-Filing [93]Initiatives [94]Consumers [95]Find People General Auctions Information [96]Licensing, Technical Support and Website Issues [97]Auctions Contact Information - [98]Forgot Your Password? - [99]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [100]More FCC
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=11&page=O
    • 06-2619) In the Matter of Applications for Consent to the Assignment of Licenses Pursuant to Section 310(d) of the Communications Act from Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cellco Partnership d/b/a Verizon Wireless This MO&O gives consent to the full assignment of six broadband Personal Communications Services licenses and grants to Urban Comm-North Carolina, Inc. a limited waiver of section 1.2111 of the Commission's rules. [49]pdf - [50]Word 9/19/2006 MEMORANDUM OPINION AND ORDER (DA 06-1883) In the Matter of Applications for Assignment of Licenses of Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cricket Licensee (Reauction), Inc. This Memorandum Opinion and Order grants to a limited waiver of the full payment provision of Sections 1.2111 and 24.714 of the Commission's rules and a
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=5&page=O
    • 06-2619) In the Matter of Applications for Consent to the Assignment of Licenses Pursuant to Section 310(d) of the Communications Act from Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cellco Partnership d/b/a Verizon Wireless This MO&O gives consent to the full assignment of six broadband Personal Communications Services licenses and grants to Urban Comm-North Carolina, Inc. a limited waiver of section 1.2111 of the Commission's rules. [53]pdf - [54]Word 9/19/2006 MEMORANDUM OPINION AND ORDER (DA 06-1883) In the Matter of Applications for Assignment of Licenses of Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cricket Licensee (Reauction), Inc. This Memorandum Opinion and Order grants to a limited waiver of the full payment provision of Sections 1.2111 and 24.714 of the Commission's rules and a
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=66&page=O
    • [43]FCC Site Map Auction 66 Advanced Wireless Services (AWS-1) Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Auction Seminar Small Arrow [47]Application Search Orders 5/25/2010 ORDER (FCC 10-90) In the Matter of Denali Spectrum License Sub, LLC, Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enrichment provisions of section 1.2111(d)(2)(i) of the Commission's rules. [48]pdf - [49]Word 3/2/2010 ORDER (DA 10-358) In the Matter of Denali Spectrum License Sub, LLC Petition for Forbearance under 47 U.S.C. Section 160(c) From Application of the Unjust Enrichment Provisions of 47 C.F.R. Section
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=66&page=P
    • > Releases For Auction 66 [43]FCC Site Map Auction 66 Advanced Wireless Services (AWS-1) Small Arrow [44]Summary Small Arrow [45]Fact Sheet Small Arrow Releases Small Arrow [46]Auction Seminar Small Arrow [47]Application Search Public Notices 5/19/2009 PUBLIC NOTICE (DA 09-1096) WTB Seeks Comment on Petition of Denali Spectrum License Sub, LLC for Forbearance from Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denali asks the Commission to forbear from applying the unjust enrichment rules, which require a designated entity ("DE") that has benefited from bidding credits to return some or all of those benefits if it transfers its license to a non-DE or otherwise loses its eligibility for such benefits. Copies of comments and reply comments filed in response to this public
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2004
    • for 2004 12/8/2004 MEMORANDUM OPINION AND ORDER (DA 04-3867) Summit Wireless WOW, LLC, Debtor-In-Possession, Summit Wireless Billings, LLC, Debtor-In-Possession, Summit Wireless, LLC Debtor-In-Possession and Summit Wireless Liquidating Trust This MO&O grants the applications seeking consent for the assignment of C and F block PCS licenses from the Summit DIPs to the Liquidating Trust and grants a limited waiver of Section 1.2111(c) of the Commission's rules. [44]pdf - [45]Word 11/23/2004 LETTER (DA 04-3685) Letter to Cheryl A. Tritt, Esq.; Re: Expedited Clarification of Sections 1,2105(a) and 1.2106(a) of the Commission's Rules The FCC responds to a request to clarify on an expedited basis the term "debt" or "non-tax debt" as referenced in Sections 1.2105(a) and 1.2106(a) of the rules. [46]pdf - [47]Word
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2009
    • of Interim Default Payment Obligation for Auction 64. [44]pdf - [45]Word 6/24/2009 LETTER (DA 09-1399) Letter to Ozark Paging, LLC Final Withdrawal and Interim and Final Default Obligation for Auction 40. [46]pdf - [47]Word 5/19/2009 PUBLIC NOTICE (DA 09-1096) WTB Seeks Comment on Petition of Denali Spectrum License Sub, LLC for Forbearance from Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denali asks the Commission to forbear from applying the unjust enrichment rules, which require a designated entity ("DE") that has benefited from bidding credits to return some or all of those benefits if it transfers its license to a non-DE or otherwise loses its eligibility for such benefits. Copies of comments and reply comments filed in response to this public
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_general&y=2010
    • Denied for reconsideration of Division-level Order declining to grant Silver Palm a waiver of the final payment deadline for licenses it won in Auction 34. [56]pdf - [57]Word 5/25/2010 ORDER (FCC 10-90) In the Matter of Denali Spectrum License Sub, LLC, Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enrichment provisions of section 1.2111(d)(2)(i) of the Commission's rules. [58]pdf - [59]Word 4/16/2010 MEMORANDUM OPINION AND ORDER (FCC 10-54) Petition for Reconsideration and Motion for Stay of Paging Systems, Inc. Denied the application for review. Rejected a claim based on the participation of two
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1999&m=12
    • in manual filing [35]WTBWireless Telecommunications Bureau [36]ULSUniversal Licensing System [37]CORESCommission Registration System [38]Rural TelecommunicationsTelecommunications Service for Rural America [39]FCC > [40]WTB > [41]Auctions Home > [42]Auctions Releases > Releases By Year 1999 [43]FCC Site Map Auctions Releases for December 1999 12/29/1999 ORDER (DA 99-3016) Auction [44]5 In the Matter of D&E Communications, Inc. Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business Request for Waiver of Sections 24.712, 24.720(b)(1), 1.2111(d), and 24.839(a) of the Commission's Rules Regarding Eligibility to Acquire License as a Small Business is denied. [45]pdf - [46]text - [47]WordPerfect 12/23/1999 PUBLIC NOTICE (DA 99-2988) Auction [48]26 Auction of 929 and 931 MHz Paging Service
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2004&m=12
    • - [86]Word 12/8/2004 MEMORANDUM OPINION AND ORDER (DA 04-3867) Summit Wireless WOW, LLC, Debtor-In-Possession, Summit Wireless Billings, LLC, Debtor-In-Possession, Summit Wireless, LLC Debtor-In-Possession and Summit Wireless Liquidating Trust This MO&O grants the applications seeking consent for the assignment of C and F block PCS licenses from the Summit DIPs to the Liquidating Trust and grants a limited waiver of Section 1.2111(c) of the Commission's rules. [87]pdf - [88]Word 12/3/2004 ORDER (FCC 04-271) Auction [89]52 Auction of Direct Broadcast Satellite Licenses In this Order the Commission concludes its consideration of the issues raised in the Auction No. 52 Comment Public Notice relating to eligibility for Direct Broadcast Satellite ("DBS") service licenses. [90]pdf - [91]Word 12/3/2004 PUBLIC NOTICE (DA 04-3816) Auction [92]84 AM
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2004&m=8
    • AND ORDER (DA 04-2480) Leap Wireless International, Inc. and its Subsidiaries, Debtors-In-Possession, and Leap Wireless International, Inc. and its Subsidiaries Consent to the Assignment of Licenses Pursuant to Section 310(d) of the Communications Act Granted the Assignment Applications. Denied Leap's Request for Waiver of the designated entity and entrepreneurial eligibility rules. Granted limited waiver of the time provisions of Section 1.2111(c). [62]pdf - [63]Word 8/4/2004 PUBLIC NOTICE (DA 04-2468) Auction [64]57 Automated Maritime Telecommunications System Spectrum Auction Status of FCC Form 175 Applications to Participate in the Auction, Auction No. 57. [65]pdf - [66]Word Attachment A: [67]pdf Attachment B: [68]pdf 8/3/2004 PUBLIC NOTICE (DA 04-2451) Auction [69]58 Revised Inventory for Broadband PCS Spectrum Auction Comment sought on reserve prices or minimum
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2006&m=12
    • [45]11 In the Matter of Applications for Consent to the Assignment of Licenses Pursuant to Section 310(d) of the Communications Act from Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cellco Partnership d/b/a Verizon Wireless This MO&O gives consent to the full assignment of six broadband Personal Communications Services licenses and grants to Urban Comm-North Carolina, Inc. a limited waiver of section 1.2111 of the Commission's rules. [46]pdf - [47]Word 12/29/2006 ERRATUM Auction [48]68 Auction of FM Broadcast Construction Permits 32 Bidders Qualified to Participate in Auction No. 68 [49]pdf - [50]Word [51]See DA 06-2552 12/22/2006 PUBLIC NOTICE (DA 06-2552) Auction [52]68 Auction of FM Broadcast Construction Permits: 32 Bidders Qualified to Participate in Auction No. 68 The Media and WTB identify 32
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2006&m=9
    • A: [54]pdf Attachment B: [55]pdf Attachment C: [56]pdf Attachment D: [57]pdf - [58]Word 9/19/2006 MEMORANDUM OPINION AND ORDER (DA 06-1883) Auction [59]5, [60]11 In the Matter of Applications for Assignment of Licenses of Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cricket Licensee (Reauction), Inc. This Memorandum Opinion and Order grants to a limited waiver of the full payment provision of Sections 1.2111 and 24.714 of the Commission's rules and a waiver of the timing requirements of Section 24.714 of the Commission's rules. [61]pdf - [62]Word 9/18/2006 News Release Auction [63]66 FCC's Advanced Wireless Services (AWS) Spectrum Auction Concludes The FCC's first auction of Advanced Wireless Services (AWS) spectrum licenses ended on September 18, 2006. A total of 1,122 licenses were offered in
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2009&m=5
    • Auctions Releases for May 2009 5/29/2009 PUBLIC NOTICE (DA 09-1152) Auction [44]79 Auction of FM Broadcast Construction Permits Scheduled for September 1, 2009; Reminder: Pre-Auction Seminar June 16, 2009 [45]pdf - [46]Word 5/19/2009 PUBLIC NOTICE (DA 09-1096) Auction [47]66 WTB Seeks Comment on Petition of Denali Spectrum License Sub, LLC for Forbearance from Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denali asks the Commission to forbear from applying the unjust enrichment rules, which require a designated entity ("DE") that has benefited from bidding credits to return some or all of those benefits if it transfers its license to a non-DE or otherwise loses its eligibility for such benefits. Copies of comments and reply comments filed in response to this public
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2010&m=3
    • Bands Licenses (Auction 87) [54]pdf - [55]Word 3/4/2010 ORDER ON RECONSIDERATION (DA 10-376) Auction [56]78 MetroPCS Communications, Inc. Denied the Petition for Reconsideration. [57]pdf - [58]Word 3/2/2010 ORDER (DA 10-358) Auction [59]66 In the Matter of Denali Spectrum License Sub, LLC Petition for Forbearance under 47 U.S.C. Section 160(c) From Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Extended by 90 days the period of time for which the Commission may consider a petition filed by Denali Spectrum License Sub, LLC seeking forbearance from the Commission's rules. [60]pdf - [61]Word 3/1/2010 PUBLIC NOTICE (DA 10-309) Auction [62]88 Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Reminder: Auction 88 Applicants Must Provide FCC Registration Numbers by
  • http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=2010&m=5
    • to bid in the upcoming auction of licenses for lower and upper paging bands spectrum (Auction 87). [45]pdf - [46]Word Attachment A: [47]pdf Attachment B: [48]pdf 5/25/2010 ORDER (FCC 10-90) Auction [49]66 In the Matter of Denali Spectrum License Sub, LLC, Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enrichment provisions of section 1.2111(d)(2)(i) of the Commission's rules. [50]pdf - [51]Word 5/24/2010 PUBLIC NOTICE (DA 10-849) Auction [52]89 Auction of 218-219 MHz Service and Phase II 220 MHz Service Licenses Scheduled for December 7, 2010; Comment Sought on Competitive Bidding Procedures for Auction
  • http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
    • 73.3573(f)(5)(ii), 73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b). 26 Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive bidding rule need only specify the provision that is not applicable. For example, the Part 1 unjust enrichment provisions contained in section 1.2111(b)-(e) do not apply to assignments or transfers of broadcast construction permits or licenses governed by Part 73 because Part 73 has a service-specific unjust enrichment provision. 47 C.F.R § 73.5007(c). Accordingly, we modify section 73.5009 to state that section 1.2111(b)-(e) does not apply. However, it is unnecessary to further provide in section 73.5009 that section 1.2111(a) continues to apply in
  • http://wireless.fcc.gov/auctions/general/releases/da980419.pdf http://wireless.fcc.gov/auctions/general/releases/da980419.txt http://wireless.fcc.gov/auctions/general/releases/da980419.wp
    • applicable late fees. Federal Communications Commission DA 98-419 7 * * * * * 11. Section 24.712 of the Commissions rules is corrected to conform to Federal Register requirements by deleting paragraph (d) and adding paragraph (c) to read as follows: § Bidding credits for licenses for frequency Blocks C. * * * * * (c) Unjust Enrichment. See § 1.2111 of this chapter. FEDERAL COMMUNICATIONS COMMISSION Daniel B. Phythyon Chief, Wireless Telecommunications Bureau
  • http://wireless.fcc.gov/auctions/general/releases/fc000209.doc http://wireless.fcc.gov/auctions/general/releases/fc000209.pdf http://wireless.fcc.gov/auctions/general/releases/fc000209.txt
    • based on the most recent available United States Census Data. We note that tribal authorities may negotiate with licensees for a higher coverage requirement and/or a more expedited buildout period. Any such agreement will not alter the buildout and coverage conditions applicable to the bidding credit, however. In the event a licensee transfers or assigns the license pursuant to Section 1.2111 of our rules, the transferee or assignee must satisfy the foregoing performance requirements. 47 C.F.R. § 1.2112. The interest will be based on the rate for ten year U.S. treasury obligations applicable on the date the license is granted. The auditor is required to conduct a ``compliance attestation'' for this certification. The Commission's rules already require independent auditors to use
  • http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
    • will be subject to the automatic late payment provisions of Section 1.2110(g) as adopted herein. ( Clarify that the assignee or transferee of a license paid for through installment payments is not responsible for the license debt until the assignment of license or transfer of control has been consummated. ( Clarify that the unjust enrichment rules for bidding credits (Section 1.2111(d) of the Commission's rules) do not apply to assignments or transfers of C and F block licenses to non-entrepreneurs. We further clarify that pursuant to Sections 1.2111(c) and (d) of our rules, Commission approval of assignments of licenses and transfers of control that result in unjust enrichment with respect to bidding credits and installment payments is conditioned upon full payment
  • http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
    • see also Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 ¶ 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 ¶ 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. § 1.2111(b)(1). See 47 C.F.R. § 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. § 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. § 90.609. Additionally, Section 90.157 provides that a license
  • http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
    • the auction; and (4) make other changes in our rules regarding late payments, default payments, and grace periods. Whether to adopt "schedules" of installment payment plans and bidding credits for which designated entities qualify (in service-specific rule making proceedings we would continue to establish the appropriate size standards for each auctionable service). Whether to modify the unjust enrichment rule, Section 1.2111(c), which governs the payment of unpaid principal and accrued interest by licensees utilizing installment payments and seeking to transfer or assign their licenses, to conform with the broadband PCS rules. 6 Whether to amend Sections 1.2105(a) and 1.2107(c) to require that all short-form and long-form applications be filed electronically beginning January 1, 1998. Whether to amend Section 1.2105(b)(2) to provide
  • 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
    • 220 MHz services. Provides for higher bidding credits, in lieu of installment payments, to encourage and facilitate the participation of designated entities in future auctions. Adopts schedules of bidding credits for which designated entities qualify (although in service-specific rule making proceedings we will continue to establish the appropriate size standards for each auctionable service). Modifies the unjust enrichment rule, Section 1.2111(c), which governs the payment of unpaid principal and accrued interest by existing licensees utilizing installment payments who seek to transfer or assign their licenses, to conform with the broadband PCS rules. 6 Rules Governing Auction Application and Payment Issues Amends Sections 1.2105(a) and 1.2107(c) to require that all short-form and long-form applications be filed electronically beginning January 1, 1999, if
  • http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
    • the audited financial statements of the entity's predecessor-in-interest or, if there is no identifiable predecessor-in-interest, unaudited financial statements certified by the applicant as accurate. When an applicant does not otherwise use audited financial statements, its gross revenues may be certified by its chief financial officer or its equivalent and must be prepared in accordance with Generally Accepted Accounting Principles. § 1.2111 Assignment or transfer of control: unjust enrichment. (a) Reporting requirement. An applicant seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure must, together with its application for transfer of control or assignment, file with the Commission's statement indicating
  • http://wireless.fcc.gov/index.htm?job=headlines&y=2009
    • 5/20/2009 PUBLIC NOTICE (DA 09-1106) WTB Grants 700 MHz Band Licenses [572]pdf - [573]Word Attachment A: [574]pdf - [575]xls Attachment B: [576]pdf - [577]Word Attachment C: [578]pdf - [579]Word Attachment D: [580]pdf - [581]Word 5/19/2009 PUBLIC NOTICE (DA 09-1096) WTB Seeks Comment on Petition of Denali Spectrum License Sub, LLC for Forbearance from Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) [582]pdf - [583]Word 5/14/2009 PUBLIC NOTICE (DA 09-1070) WTB Seeks Comments on Commercial Mobile Radio Services Market Competition [584]pdf - [585]Word 5/14/2009 LETTER (DA 09-1071) Auction 73 Applications of Club 42 CM Limited Partnership (File Nos. 0003383865 and 0003383873); Renewal Application of Kankakee Cellular, LLC (File No. 0003637485) [586]pdf - [587]Word 5/13/2009 ORDER (DA 09-1056) Nevada Cogeneration Associates, Station WPMR751,
  • http://wireless.fcc.gov/index.htm?job=headlines&y=2010
    • - [458]Word Attachment D: [459]pdf - [460]Word 5/25/2010 LETTER (DA 10-942) Hark Tower Systems, Inc. Establishing an Expedited Quarterly Inspection Waiver Process for its Customers [461]pdf - [462]Word 5/25/2010 ORDER (FCC 10-90) In the Matter of Denali Spectrum License Sub, LLC, Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) [463]pdf - [464]Word 5/25/2010 NOTICE OF PROPOSED RULEMAKING (FCC 10-86) Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 to Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services [465]pdf - [466]Word 5/24/2010 PUBLIC NOTICE (DA 10-849) Auction of 218-219 MHz Service and Phase
  • http://wireless.fcc.gov/rss/index.htm?job=ainf&id=66
    • Dec 2010 05:00:00 GMT http://wireless.fcc.gov/images/fcclogowords.gif http://wireless.fcc.gov/auctions/default.htm?job=auction_summary&id=66 Provides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=284&y =2010Wed, 01 Dec 2010 05:00:00 GMTProvides Notice and Demand Pursuant to Section 1.2104(g)(1) of the Commission's Rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=282&y =2010Tue, 30 Nov 2010 05:00:00 GMTDenied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enrichment provisions of section 1.2111(d)(2)(i) of the Commission's rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=148&y =2010Tue, 25 May 2010 04:00:00 GMTExtended by 90 days the period of time for which the Commission may consider a petition filed by Denali Spectrum License Sub, LLC seeking forbearance from the Commission's rules.http://wireless.fcc.gov/auctions/default.htm?job=release&id=65&y= 2010Tue, 02 Mar 2010 05:00:00 GMTDenali asks the Commission to forbear from applying the unjust enrichment rules, which require a designated entity
  • http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2009
    • 5/20/2009 PUBLIC NOTICE (DA 09-1106) WTB Grants 700 MHz Band Licenses [572]pdf - [573]Word Attachment A: [574]pdf - [575]xls Attachment B: [576]pdf - [577]Word Attachment C: [578]pdf - [579]Word Attachment D: [580]pdf - [581]Word 5/19/2009 PUBLIC NOTICE (DA 09-1096) WTB Seeks Comment on Petition of Denali Spectrum License Sub, LLC for Forbearance from Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) [582]pdf - [583]Word 5/14/2009 PUBLIC NOTICE (DA 09-1070) WTB Seeks Comments on Commercial Mobile Radio Services Market Competition [584]pdf - [585]Word 5/14/2009 LETTER (DA 09-1071) Auction 73 Applications of Club 42 CM Limited Partnership (File Nos. 0003383865 and 0003383873); Renewal Application of Kankakee Cellular, LLC (File No. 0003637485) [586]pdf - [587]Word 5/13/2009 ORDER (DA 09-1056) Nevada Cogeneration Associates, Station WPMR751,
  • http://wireless.fcc.gov/wtb/index.htm?job=headlines&y=2010
    • - [458]Word Attachment D: [459]pdf - [460]Word 5/25/2010 LETTER (DA 10-942) Hark Tower Systems, Inc. Establishing an Expedited Quarterly Inspection Waiver Process for its Customers [461]pdf - [462]Word 5/25/2010 ORDER (FCC 10-90) In the Matter of Denali Spectrum License Sub, LLC, Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) [463]pdf - [464]Word 5/25/2010 NOTICE OF PROPOSED RULEMAKING (FCC 10-86) Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 to Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services [465]pdf - [466]Word 5/24/2010 PUBLIC NOTICE (DA 10-849) Auction of 218-219 MHz Service and Phase
  • http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2006&m=9&t=Order
    • Request for Tolling of Ten-Year Construction Period Granted Urban Comm's Petition with conditions, and toll the ten-year construction period for Urban C... DA-06-1944A1: [49]pdf - [50]word - [51]txt 09/19/2006 WTB Orders (DA 06-1883) Applications for Assignment of Licenses of Urban Comm-North Carolina, Inc., Debtor-in-Possession, to Cricket Licensee (Reauction), Inc Granted a limited waiver of the full payment provision of Sections 1.2111 and 24.714 of the Commissi... DA-06-1883A1: [52]pdf - [53]word - [54]txt 09/15/2006 WTB Orders (DA 06-1877) Guam Cellular and Paging, Inc. Transferor and Assignee and Guam Wireless Telephone Company, L.L.C. Assignor, and NTT DoCoMo, Inc. Transferee Adopted a Protective Order in this proceeding DA-06-1877A1: [55]pdf - [56]word - [57]txt 09/15/2006 WTB Orders (DA 06-1880) Service Rules for the 698-746, 747-762
  • http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2009&m=5&t=Public_Notice
    • SEEKS COMMENT ON REQUEST BY OKLAHOMA WESTERN TELEPHONE COMPANY, INC. FOR WAIVER OF THE REQUIREMENT TO TRANSITION TO THE NEW BRS/EBS BAND PLAN DA-09-1090A1_Rcd: [148]pdf DA-09-1090A1: [149]pdf - [150]word - [151]txt 05/19/2009 WTB Public Notices (DA 09-1096) Wireless Telecommunications Bureau Seeks Comment On Petition Of Denali Spectrum License Sub, LLC For Forbearance From Unjust Enrichment Provisions Of 47 C.F.R. Section 1.2111(d)(2)(i) DA-09-1096A1_Rcd: [152]pdf DA-09-1096A1: [153]pdf - [154]word - [155]txt 05/15/2009 WTB Public Notices Antenna Structure Registration Service Information Applications Accepted For Filing DOC-290739A1: [156]pdf - [157]txt DOC-290739A2: [158]pdf - [159]txt 05/15/2009 WTB Public Notices Antenna Structure Registration Service Information Environmental Action DOC-290741A1: [160]pdf - [161]txt 05/14/2009 WTB Public Notices (DA 09-1070) WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENTS ON COMMERCIAL MOBILE RADIO SERVICES
  • http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2010&m=5&t=Order
    • (DA 10-942) NEXSEN PRUET. LLC - HARK TOWER SYSTEMS, INC Established an expedited quarterly inspection waiver process for tower owners using Hark's monitorin... DA-10-942A1_Rcd: [73]pdf DA-10-942A1: [74]pdf - [75]word - [76]txt 05/25/2010 WTB Orders (FCC 10-90) Denali Spectrum License Sub, LLC Petition for Forbearance under 47 U.S.C. Section 160(c) from Application of the Unjust Enrichment Provisions of 47 C.F.R. Section 1.2111(d)(2)(i) Denied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enri... FCC-10-90A1_Rcd: [77]pdf FCC-10-90A1: [78]pdf - [79]word - [80]txt 05/25/2010 WTB Orders (FCC 10-86) Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
    • 102), citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48 (¶¶ 23-24). Id. at 10836 (¶ 97). See 47 C.F.R. § 27.15(b)(1). See also ULS Report and Order, 13 FCC Rcd at 21078-83 (¶¶ 109-122). See 47 C.F.R. § 27.15(c). See also Part 27 Report and Order, 12 FCC Rcd at 10838-39 (¶ 101); 47 C.F.R. § 1.2111. See Part 27 Report and Order, 12 FCC Rcd at 10836 (¶ 96). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, 21865 (¶¶ 42, 62-63); LMDS Fourth Report and Order, 13 FCC Rcd at 11655, 11664-66 (¶¶ 16-19). See 47 C.F.R. § 27.15(e)(1), as amended by 700 MHz First Report and Order. See Partitioning and
  • http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00401.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00401.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00401.txt
    • Public Forum on secondary markets a number of panelists described situations where existing licensees are not fully utilizing their assigned spectrum. Materials related to the May 31, 2000, Public Forum are available at http://www.fcc.gov/oet/. See Public Notice "FCC Announces Agenda For Public Forum On Secondary Markets In Radio Spectrum", DA 00-1139, 15 FCC Rcd 18667 (2000). See 47 CFR § 1.2111, implementing Section 310 of the Communications Act, as amended 47 U.S.C. 310. See 47 CFR 21.934 and 21.935 (MMDS), 47 CFR 74.990-74.992 (ITFS). See also Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order in IB Docket 95-117, 11 FC Rcd 21581 (1996). Shared use of the frequencies may be on a non-profit, cost-shared,
  • http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
    • license should be revoked, or to some other matter within the jurisdiction of the Commission."). 51 47 C.F.R. § 73.3613(b). 52 We note that in the Auction NPRM, we proposed to conduct broadcast spectrum auctions in conformity with the general competitive bidding rules set forth in Part I, Subpart Q of the Commission's rules. See Auction NPRM ¶ 51. Section 1.2111 of the Commission's rules provides that where a license has been obtained through a competitive bidding procedure, an applicant seeking approval to assign or transfer control of such license within the first three years of obtaining the license must file with the Commission the relevant assignment or transfer agreements or contracts. We recognize that Section 1.2111 is inconsistent with our
  • http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98281.pdf
    • certain about the motivations of noncommercial educational new station applicants who file after the adoption of this Order. Accordingly, we conclude that maintaining the status quo with respect to applications filed subsequent to the release of this Report and Order will help protect the integrity of the broadcast licensing process. Federal Communications Commission FCC 98-281 62 See 47 C.F.R. § 1.2111. 63 See Second Report and Order, Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, 9 FCC Rcd 2348, 2395 (1994) ( ¶ 264). 64 In designing the auction rules, the Commission was directed to "require such transfer disclosures and anti- trafficking restrictions ... as may be necessary to prevent unjust enrichment ...." 47 U.S.C. § 309 (j)(4)(E).
  • 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
    • utilizing bidding credits and seeking to assign or transfer control of a license to an entity that does not meet the eligibility criteria for bidding credits will be required to reimburse the government for the amount of the bidding credit before Federal Communications Commission FCC 97-50 47 C.F.R. § 24.716(d)(1). 417 47 C.F.R. § 24.716(d)(2). See also 47 C.F.R § 1.2111. 418 97 the transfer will be permitted. Additionally, the rules which we now adopt provide that if, 417 within the original term, a licensee applies to assign or transfer control of a license to an entity that is eligible for a lower bidding credit, the difference between the bidding credit obtained by the assigning party and the bidding credit for
  • http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
    • licenses shall be surrendered for cancellation upon the death or legal disability of the licensee. Amateur station call signs assigned to the station of a deceased licensee shall be available for reassignment pursuant to section 97.19 of this chapter. (f) Disclosure requirements. Applicants for transfer or assignment of licenses in auctionable services must comply with the disclosure requirements of section 1.2111 of this part. (g) Trafficking. Applications for approval of assignment or transfer may be reviewed by the Commission to determine if the transaction is for purposes of trafficking in service authorizations. .......................(1) Trafficking consists of obtaining or attempting to obtain an authorization for the principal purpose of speculation or profitable resale of the authorization rather than for the provision of
  • 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
    • to be disaggregated, and to permit combined partitioning and disaggregation.62 We request comment on our proposal that licensees in the 746-764 MHz and 776- 794 MHz bands be eligible to the same extent to partition service areas and disaggregate spectrum. Federal Communications Commission FCC 99-97 63 47 C.F.R. § 27.15(b)(1). 64 47 C.F.R. § 27.15(c)(1)(2); see also 47 C.F.R. § 1.2111. 65 Part 27 Report and Order, 12 FCC Rcd at 10836 (para. 96) ("We also conclude that the specific rules pertaining to partitioning and disaggregation in WT Docket No. 96-148 shall apply to WCS licensees."); see also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, 21865 (paras. 42, 62-63). PAGE 18 38. Pursuant to Section 27.15, the
  • http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.doc http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.txt
    • FCC Rcd 12 (1998); In the Matter of Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them and Examination of Exclusivity and Frequency Assignments Policies of the Private Land Mobile Services, Second Report and Order, 12 FCC Rcd 14307. See 47 C.F.R. § 24.839. See 47 C.F.R. § 1.2111(d). See 47 U.S.C. § 309(j)(4)(E). These licensees are Orbital Communications Corp., Volunteers in Technical Assistance Inc., Final Analysis Communications, E-SAT Inc., and LEO One USA Corp. See Orbital Communications Corporation, Order and Authorization, 13 FCC Rcd 10828 (Int. Bur. 1998); Volunteers in Technical Assistance, Order and Authorization, 13 FCC Rcd 10845 (Int. Bur. 1998); Final Analysis Communications Services, Inc., Order
  • http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99333.doc
    • will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. (c) Unjust Enrichment. 24 GHz licensees that received a bidding credit and partition their licenses or disaggregate their spectrum to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in section 1.2111. (d) License Term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in section 101.67. 38. Section 101.537 is proposed to be added to read as follows: § 101.537 Competitive bidding: definitions. For the purpose of establishing eligibility requirements and bidding credits for competitive
  • http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
    • (paras. 97-99, 102), citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48 (paras. 23-24). Id. at 10836 (para. 97). 47 C.F.R. § 27.15(b)(1); see also ULS Report and Order, 13 FCC Rcd at 21078-83 (paras. 109-122). 47 C.F.R. § 27.15(c); see also Part 27 Report and Order, 12 FCC Rcd at 10838-39 (par. 101); 47 C.F.R. § 1.2111. Part 27 Report and Order, 12 FCC Rcd at 10836 (para. 96) (concluding that the specific rules pertaining to partitioning and disaggregation in WT Docket No. 96-148 should apply to 2.3 GHz licensees); see also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, 21865 (paras. 42, 62-63); LMDS Fourth Report and Order, 13 FCC Rcd 11655, 11664-66
  • http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00197.doc
    • § 24.839 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203; see also id. §§ 1.2111. See CIRI Opposition at 2-6. 47 C.F.R. § 24.710. Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5606, ¶ 171. Id. at 5606 ¶ 170. See C Bock Second Report and Order, 12 FCC Rcd at 16,455-56, ¶¶ 38-39; C Block Reconsideration Order, 13 FCC Rcd at 8366-67, ¶ 49; ``Wireless Telecommunications Bureau Announces Broadband Personal Communications Services
  • http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
    • to spectrum lessees will also be modified or eliminated. See, e.g., 47 C.F.R § 203. See, e.g., 47 C.F.R §§ 90.665; 90.685. We require this type of annual reporting requirement for the Guard Band Manager, and we will make it publicly available. See 700 MHz Second Report and Order, 15 FCC Rcd at 5333 (¶¶ 79-80). See 47 C.F.R. § 1.2111(d). See, e.g., CMRS Partitioning and Disaggregation Order, 11 FCC Rcd at 21851-55 (¶¶31-36), 21861-62 (¶¶ 51-55); Part 27 Report and Order, 12 FCC Rcd at 10838-39 (¶¶ 101-103). See id. Id. Id. Under Section 202 of the Act, non-discrimination requirements are placed upon common carriers. See 47 U.S.C. § 202. Violations of Section 202 are subject to enforcement under Section
  • http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99022.wp
    • protects investor and does not constitute a transfer of control). 118 See Flathead Valley Broadcasters, Memorandum Opinion and Order, 5 RR 2d 74, 76 (1965) (security provision limiting capital expenditures, inter alia, without written permission of mortgagee does not transfer control of operation to mortgagee. Rather, the provision merely protects against "unusual expenditures of working capital."). 119 47 C.F.R. § 1.2111(a). 120 ABETG/Vizcarrondo Petition at 16-18. See 47 U.S.C. § 308(b) ("All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical and other qualifications of the applicant to operate the station . . ."). 21 44. We believe the provisions cited
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000307.doc
    • Services, CC Docket No. 92-297, Fourth Report and Order, 13 FCC Rcd 11655 (1998) (LMDS Fourth Report and Order); Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service (``WCS''), GN Docket No. 96-228, Report and Order, 12 FCC Rcd 10785, 10836 (1997) (WCS Report and Order).'' Footnote 196 is revised to replace ``See 47 C.F.R. § 1.2111(e); Part 1 Third Report and Order, 13 FCC Rcd at 405.'' with ``See 47 C.F.R. § 1.2111(e); Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 405 (1997), modified by Erratum, DA 98-419 (rel. Mar. 2, 1998)
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000721.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000721.txt
    • document that explains precisely how the parties intend to operate Cellco or LASLP. USCC submits that, in the absence of such documents, the Commission cannot determine whether a grant of the Applications would be in the public interest. We disagree. The Commission's rules do not require the routine submission of underlying contracts and other documents in this case. Under section 1.2111 of the Commission's rules, a reporting requirement of this nature is only imposed when an applicant is ``seeking approval for a transfer of control or assignment (otherwise permitted under the Commission's Rules) of a license within three years of receiving a new license through a competitive bidding procedure(.'' A review of our records indicates that none of the subject licenses
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.txt
    • Paragraph I. INTRODUCTION 1 B. Royal and Southwest 8 II. Discussion 11 A. Statutory Authority 11 B. Qualifications and Eligibility 13 1. Eligibility of Commonly Controlled Affiliates 19 2. Permissible Growth 24 3. Qualifying Investors' Equity Requirements 30 4. Unjust Enrichment 42 a. TeleCorp's Licenses 43 b. Other C Block Licenses 44 c. Other F Block Licenses 45 d. Section 1.2111(a) Disclosure Requirements 51 5. Reversionary interest 54 C. Public Interest Analysis 58 1. Competitive Framework 59 2. Analysis of Potential Adverse Effects 59 a. Domestic Mobile Voice Telephone Services 60 i. Overlapping Interests 61 ii. Spectrum Cap Issues 63 3. Public Interest Benefits 66 III. CONCLUSION 68 IV. Ordering clauses 69 APPENDIX A - Parties Filing Comments INTRODUCTION In this
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
    • Disaggregation Report and Order). 47 C.F.R. § 27.15. See Part 27 Report and Order, 12 FCC Rcd at 10836-39, paras. 96-103. See Part 27 Report and Order at 10836-37, 10839, paras. 97-99, 102, citing Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21847-48, paras. 23-24. 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See Section 27.15(e)(1) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See Section 27.15(e)(2) of the Commission's Rules at Appendix B, 47 C.F.R. § 27.15(e)(2). See also Partitioning
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00088.doc
    • the same geographic market, finding that the administrative burden of tracking such arrangements would far outweigh any benefit to the public. 5. Finally, in our Partitioning and Disaggregation Report and Order, we decided that broadband PCS licensees entering into partitioning or disaggregation arrangements within three years of initial licensing would be subject to the reporting requirements set forth in section 1.2111(a) of the rules, which apply to full license assignments or transfers of control of auctions licenses. Section 1.2111(a) states that an applicant seeking approval for a transfer of control or assignment of license application within three years of receiving a new license through competitive bidding must submit the associated contract for sale, option agreements, management agreements, or other documents (referred
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
    • Licensees; Implementation of Section 257 of the Communications Act - Elimination of Market Entry Barriers, WT Docket No. 96-148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21843-44, paras. 13-17 (1996) (``Partitioning and Disaggregation Report and Order''). See 47 C.F.R. § 27.15(a). 47 C.F.R. § 27.15(b)(1). 47 C.F.R. § 27.15(c). See also 47 C.F.R. § 1.2111. See 700 MHz First Report and Order at paras. 76-78. See 47 C.F.R. § 27.15(e)(1). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 42. See Partitioning and Disaggregation Report and Order, 11 FCC Rcd at 21857, para. 43. See 47 C.F.R. § 27.15(e)(2). See also Partitioning and Disaggregation Report and Order, 11 FCC Rcd
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00159.doc
    • attorney or engineer (average of $200 per hour) to prepare the information. Narrowband PCS applicants and licensees, including small businesses, will be subject to the reporting and recordkeeping requirements already contained in the Commission's Part 1 competitive bidding rules, which apply to all auctionable services. These Part 1 rules include the unjust enrichment rule set forth at 47 C.F.R. § 1.2111, which includes a reporting requirement for applicants seeking approval of a transfer of control or assignment of license within three years of receiving a new license through competitive bidding. The Part 1 rules also include the uniform ownership disclosure requirements of 47 C.F.R. § 1.2112, which require all auction applicants to disclose the real party or parties in interest by
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.txt
    • based on the most recent available United States Census Data. We note that tribal authorities may negotiate with licensees for a higher coverage requirement and/or a more expedited buildout period. Any such agreement will not alter the buildout and coverage conditions applicable to the bidding credit, however. In the event a licensee transfers or assigns the license pursuant to Section 1.2111 of our rules, the transferee or assignee must satisfy the foregoing performance requirements. 47 C.F.R. § 1.2112. The interest will be based on the rate for ten year U.S. treasury obligations applicable on the date the license is granted. The auditor is required to conduct a ``compliance attestation'' for this certification. The Commission's rules already require independent auditors to use
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
    • all parties regardless of an assignment or partitioning and/or disaggregation arrangements unless a new agreement is reached. In effect, the frequency coordination agreement will convey with the license. Finally, 24 GHz band licensees who receive bidding credits at auction and subsequently seek to partition or disaggregate their spectrum holding(s) will be subject to the unjust enrichment provisions contained in Section 1.2111(e) of our Rules. Foreign Ownership Restrictions Background. Foreign ownership and citizenship requirements for 24 GHz band licensees are set forth in Sections 310(a) and 310(b) of the Communications Act, as modified by the 1996 Act, which restricts the issuance of licenses to certain applicants. Section 310(a) prohibits any foreign government or representative from holding a station license. Section 310(b) prohibits
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
    • will be subject to the automatic late payment provisions of Section 1.2110(g) as adopted herein. ( Clarify that the assignee or transferee of a license paid for through installment payments is not responsible for the license debt until the assignment of license or transfer of control has been consummated. ( Clarify that the unjust enrichment rules for bidding credits (Section 1.2111(d) of the Commission's rules) do not apply to assignments or transfers of C and F block licenses to non-entrepreneurs. We further clarify that pursuant to Sections 1.2111(c) and (d) of our rules, Commission approval of assignments of licenses and transfers of control that result in unjust enrichment with respect to bidding credits and installment payments is conditioned upon full payment
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00311.doc
    • assignor did not acquire the authorization for the principal purpose of speculation or profitable resale of the authorization.'' 47 C.F.R. § 1.948(i)(2). In addition, the Commission's unjust enrichment rules ensure that parties that acquire auctioned licenses pursuant to set-asides, installment financing, or bidding credits do not obtain unjust enrichment upon an assignment or transfer of control. See 47 C.F.R. § 1.2111. May 18, 1999 PCIA Letter at 2. The relevant portions of the applicable regulations are as follows: Section 101.149(b) provides that ``[e]ach operating station must have posted a copy of the service area authorization.'' 47 C.F.R. § 101.149(b). Section 101.215(a) provides that ``[e]ach licensee shall post at the station the name, address and telephone number of the custodian of the
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
    • that begin after March 23, 1999, a winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in § 24.720(b)(2) or § 24.720(b)(5) may use a bidding credit of twenty-five percent as specified in § 1.2110(e)(2)(ii) of this chapter, to lower the cost of its winning bid. (c) Unjust enrichment. See § 1.2111 of this chapter. The unjust enrichment provisions of § 1.2111(d) and (e)(2) shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996. Amend § 24.714 by revising paragraphs (a)(2) and (a)(3) to read as follows:
  • http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
    • minority- and women-owned businesses because the resulting predictability will facilitate the business planning and capital fundraising process. We furthermore believe that effective unjust enrichment rules are necessary to ensure that meaningful small business participation in spectrum-based services is not thwarted by transfers of licenses to non-designated entities. We will adopt for MAS spectrum the uniform procedures set forth in Sections 1.2111(d) and (e) of our Rules. As a result, we will calculate unjust enrichment payments using population to determine the relative value of the partitioned area and the amount of spectrum disaggregated to determine the relative value of the disaggregated spectrum. Population will be calculated based upon the latest available census data, which is the approach adopted in the 39 GHz
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991985.pdf
    • will serve the public interest, convenience, and necessity, and grant transfer of control of these licenses and authorizations to ALLTEL. Because Liberty received bidding credits when it obtained its LMDS licenses in Auction No. 17, and ALLTEL is not entitled to these credits, the Commission has received from the parties payment of the unjust enrichment amount, as required by section 1.2111(d) of the Commission's rules, 47 C.F.R. § 1.2111(d). This Public Notice does not grant consent to transfer control of the LMDS authorization recently granted to Liberty Cellular's affiliate, KINI L.C. At the time of the Public Notice accepting the transfer of control applications for filing, the initial license to KINI L.C. pursuant to its net high bid in Auction No.
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
    • on any non-tax debt owed to any Federal agency at the deadline for filing FCC Form 175 application for Auction No. 35, the applicant will not be able to make the certification required by 47 C.F.R. § 1.2105(a)(2)(x) and will not be eligible to participate in the auction. 47 C.F.R. § 1.2106(a). See 47 C.F.R. § 24.839. 47 C.F.R. § 1.2111(d), (e)(2)-(3). Licensees are not subject to unjust enrichment payments for transfer or assignment of licenses won in Auction No. 5 and No. 10. See C/F Block Sixth Report and Order, ¶ 51. C/F Block Sixth Report and Order, ¶ 51; 47 C.F.R. § 24.712(c). See Verizon Comments at 4-5; BellSouth/SBC Reply at 5. See 47 C.F.R. § 1.2111. See 47
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010089.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010089.txt
    • application, are met. In addition, the approval of each assignment is also conditioned upon the execution of all Commission loan documents by the assignor, assignee and the Commission, unless the license being assigned has been paid in full. It is further conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. §1.2111(c) and (d). Furthermore, unless the license being assigned has been paid in full, the approval is conditioned upon the assignee's execution of the applicable financing statements (i.e. the UCC-1 Forms) and payment of all costs associated with the preparation and recordation of the financing statements, on or before the consummation date. Where applicable, the Bureau will send all assignors listed
  • http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010090.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2001/da010090.txt
    • be considered complete until the underlying transaction closes and all conditions set forth in the grant documents, including this Public Notice and the application, are met. Additionally, all installment payments must be current on the consummation date. It is also conditioned upon full payment of any required unjust enrichment payments on or before the consummation date. See 47 C.F.R. § 1.2111(c) and (d). Upon receipt of the letter required by Section 1.948(d) of the Commission's rules, and satisfaction of all requisite conditions, the Bureau will consider the transfer "complete" and will issue the license to the transferee. Failure of the parties to comply with Section 1.948(d) of the Commission's rules, or any specific condition described above, will result in automatic cancellation
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040806.html
    • --- TEXTS ----------------------------------------------------------------------- --- LEAP WIRELESS INTERNATIONAL, INC. AND ITS SUBSIDIARIES, DEBTORS-IN-POSSESSION, AND LEAP WIRELESS INTERNATIONAL, INC. AND ITS SUBSIDIARIES CONSENT TO THE ASSIGNMENT OF LICENSES PURSUANT TO SECTION 310(D) OF THE COMMUNICATIONS ACT. Granted the Assignment Applications. Denied Leap's Request for Waiver of the designated entity and entrepreneurial eligibility rules. Granted limited waiver of the time provisions of Section 1.2111(c). (Dkt No. 03-263). Action by: Chief, Wireless Telecommunications Bureau. Adopted: 08/05/2004 by MO&O. (DA No. 04-2480). WTB [74]DA-04-2480A1.doc [75]DA-04-2480A1.pdf [76]DA-04-2480A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250622A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250622A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250622A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250630A1.doc 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250630A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250630A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250608A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250608A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250625A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250625A1.txt 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250561A1.doc 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250561A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250561A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250629A1.pdf 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250629A1.txt 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250628A1.doc 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250628A1.pdf 18. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-250628A1.txt 19. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2481A1.doc 20.
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd060920.html
    • BY THE WIRELINE COMPETITION BUREAU. Issued an Erratum correcting Report and Order, FCC 06-86, released August 21,2006. (Dkt No. 02-313). Action by: Deputy Chief, Wireline Competition Bureau by ERRATUM. WCB [70]DOC-267468A1.doc [71]DOC-267468A1.pdf [72]DOC-267468A1.txt APPLICATIONS FOR ASSIGNMENT OF LICENSES OF URBAN COMM-NORTH CAROLINA, INC., DEBTOR-IN-POSSESSION, TO CRICKET LICENSEE (REAUCTION), INC. Granted a limited waiver of the full payment provision of Sections 1.2111 and 24.714 of the Commission's rules and a waiver of the timing requirements of Section 24.714 of the Commission's rules. (Dkt No. 05-169). Action by: Acting Chief, Wireless Telecommunications Bureau. Adopted: 09/19/2006 by MO&O. (DA No. 06-1883). WTB [73]DA-06-1883A1.doc [74]DA-06-1883A1.pdf [75]DA-06-1883A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267496A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267496A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267496A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267497A1.doc 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267497A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267497A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267507A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267507A1.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267506A1.pdf
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061229.html
    • 12/28/2006 by ORDER. (DA No. 06-2623). WTB [109]DA-06-2623A1.doc [110]DA-06-2623A1.pdf [111]DA-06-2623A1.txt APPLICATIONS FOR CONSENT TO THE ASSIGNMENT OF LICENSES PURSUANT TO SECTION 310(D) OF THE COMMUNICATIONS ACT FROM URBAN COMM-NORTH CAROLINA, INC., DEBTOR-IN-POSSESSION, TO CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS. Consented the full assignment of six broadband Personal Communications Services licenses and grant Urban Comm-North Carolina, Inc. a limited waiver of section 1.2111 of the Commission's rules. Action by: Acting Chief, Wirelesss Telecommunications Bureau. Adopted: 12/29/2006 by MO&O. (DA No. 06-2619). WTB [112]DA-06-2619A1.doc [113]DA-06-2619A1.pdf [114]DA-06-2619A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED DECEMBER 28, 2006, DID NOT APPEAR IN DIGEST NO. 249: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC GRANTS ACS OF ANCHORAGE, INC. FORBEARANCE RELIEF IN THE ANCHORAGE, ALASKA STUDY AREA. News Release. News
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090520.html
    • by ORDER. (DA No. 09-1102). PSHSB [95]DA-09-1102A1.doc [96]DA-09-1102A1.pdf [97]DA-09-1102A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED MAY 19, 2009, DID NOT APPEAR IN DIGEST NO. 97: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 05/19/2009. WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION OF DENALI SPECTRUM LICENSE SUB, LLC FOR FORBEARANCE FROM UNJUST ENRICHMENT PROVISIONS OF 47 C.F.R. SECTION 1.2111(D)(2)(I). (DA No. 09-1096). (Dkt No 09-64 ). Comments Due: 06/18/2009. Reply Comments Due: 07/06/2009. WTB . Contact: Scott Mackoul at (202) 418-7498, email: Scott.Mackoul@fcc.gov. News Media Contact: Mathew Nodine at (202) 418-1646 [98]DA-09-1096A1.doc [99]DA-09-1096A1.pdf [100]DA-09-1096A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- COUNTY OF GRANITE, MONTANA. Denied in part and granted in part the Request for Waiver with conditions. Action by: Chief,
  • http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100526.html
    • INC. Established an expedited quarterly inspection waiver process for tower owners using Hark's monitoring system. Action by: Deputy Chief, Spectrum and Competition Policy Division, Wireless Telecommunications Bureau by LETTER. (DA No. 10-942). WTB [123]DA-10-942A1.doc [124]DA-10-942A1.pdf [125]DA-10-942A1.txt DENALI SPECTRUM LICENSE SUB, LLC PETITION FOR FORBEARANCE UNDER 47 U.S.C. SECTION 160(C) FROM APPLICATION OF THE UNJUST ENRICHMENT PROVISIONS OF 47 C.F.R. SECTION 1.2111(D)(2)(I). Denied a request by Denali Spectrum License Sub, LLC, to forbear from enforcement of the unjust enrichment provisions of section 1.2111(d)(2)(i) of the Commission's rules. (Dkt No. 09-64 ). Action by: the Commission. Adopted: 05/25/2010 by ORDER. (FCC No. 10-90). WTB [126]FCC-10-90A1.doc [127]FCC-10-90A1.pdf [128]FCC-10-90A1.txt AMENDMENT OF PARTS 1, 22, 24, 27, 74, 80, 90, 95, AND 101 TO ESTABLISH UNIFORM
  • http://www.fcc.gov/Forms/Form314/314.pdf
    • "Media Bureau Fee Filing Guide." C. Item 7: Auction Authorization. Under the Commission's competitive bidding licensing procedures, applicants seeking to assign a broadcast construction permit or license within three years of receipt of the original construction permit by means of competitive bidding must inform the Commission that the permit or license was obtained through competitive bidding. See 47 C.F.R. Section 1.2111(a). Item 7 requires the applicant to identify those authorizations that were obtained through competitive bidding, and for which FCC consent to assignment is 4 sought in this application. The Commission's auction rules also require an applicant seeking approval of an assignment of a license or construction permit within three years of receipt of such authorization by means of competitive bidding
  • http://www.fcc.gov/Forms/Form315/315.pdf
    • the "Media Bureau Fee Filing Guide." B. Item 5: Auction Authorization. Under the Commission's competitive bidding licensing procedures, applicants seeking to transfer control of a broadcast construction permit or license within three years of receipt of the original permit by means of competitive bidding must inform the Commission that such authorization was obtained through competitive bidding. See 47 C.F.R. Section 1.2111(a). Item 5 requires the applicant to identify those authorizations that were obtained through competitive bidding, and for which transfer of control approval is sought. The Commission's auction rules also require an applicant 4 seeking approval of a transfer of control of a license or construction permit within three years of receipt of such authorization by means of competitive bidding to
  • http://www.fcc.gov/Forms/Form316/316.pdf
    • be appropriate. Item 5: Auction Authorization. Under the Commission's competitive bidding licensing procedures, applicants seeking to assign or transfer control of a broadcast construction permit or license within three years of receipt of the original construction permit by means of competitive bidding must inform the Commission that the permit or license was obtained through competitive bidding. See 47 C.F.R. Section 1.2111(a). Item 5 requires the applicant to identify those authorizations that were obtained through competitive bidding, and for which FCC consent to assignment or transfer of control is sought in this application. The Commission's auction rules also require an applicant seeking approval of an assignment or transfer of control of a license or construction permit within three years of receipt of
  • http://www.fcc.gov/Forms/Form345/345.pdf
    • Guide." C. Item 4: Auction Authorization. Under the Commission's competitive bidding licensing procedures, applicants seeking to assign or transfer control of a broadcast construction permit or license within three years of receipt of the original construction permit by means of competitive bidding must inform the Commission that the permit or license was obtained through competitive bidding. See 47 C.F.R. Section 1.2111(a). Item 4 requires the applicant to identify those authorizations that were obtained through competitive bidding, and for which FCC consent to assignment is sought in this application. The Commission's auction rules also require an applicant seeking approval of an assignment of a license or construction permit within three years of receipt of such authorization by means of competitive bidding to
  • http://www.fcc.gov/eb/Orders/2007/DA-06-2358A1.html
    • Acct. No. 200732080002 ) ) CONSENT DECREE 1. The Bureau (as hereinafter defined) and Newcomm (as hereinafter defined), by their respective authorized representatives, hereby enter into this Consent Decree for the purposes of conditionally resolving and terminating the Bureau's investigation into violations by Newcomm of Section 310(d) of the Communications Act of 1934, as amended, and of Sections 1.2110 and 1.2111 of the Commission's Rules. 2. For the purposes of this Consent Decree, the following definitions apply: a. "Act" means the Communications Act of 1934, as amended; b. "Adopting Order" or "Order" means an order of the Enforcement Bureau adopting this Consent Decree; c. "Bureau" means the Enforcement Bureau of the Federal Communications Commission; d. "Commission" or "FCC" means the Federal
  • http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
    • whether a license should be revoked, or to some other matter within the jurisdiction of the Commission."). 47 C.F.R. ( 73.3613(b). We note that in the Auction NPRM, we proposed to conduct broadcast spectrum auctions in conformity with the general competitive bidding rules set forth in Part I, Subpart Q of the Commission's rules. See Auction NPRM ( 51. Section 1.2111 of the Commission's rules provides that where a license has been obtained through a competitive bidding procedure, an applicant seeking approval to assign or transfer control of such license within the first three years of obtaining the license must file with the Commission the relevant assignment or transfer agreements or contracts. We recognize that Section 1.2111 is inconsistent with our
  • http://www.fcc.gov/transaction/alltel-verizon/alltel_publicinterest.pdf
    • Information as to Cellco's ownership is provided in Exhibit 2 to this application and in Cellco's Form 602, which is on file. ALLTEL acquired the subject licenses through competitive bidding procedures. It neither sought classification nor benefited from classification as an eligible designated entity. The Commission granted the licenses more than three years ago. Accordingly, the disclosure provisions of Section 1.2111(a) of the Commission's Rules, 47 C.F.R. § 1.211(a), do not apply. Assignment of licenses to Cellco will not adversely affect compliance with the Commission's spectrum cap rule under 47 C.F.R. § 20.6. Grant of this application will serve the public interest because it will enable Cellco to deploy additional PCS spectrum to serve the public. Cellco intends to construct facilities
  • http://www.fcc.gov/transaction/att-cingular.html
    • AWS and Cingular state that five-year build-out notifications have been filed for all the C and F block licenses implicated in the assignment applications. AWS and Cingular acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments or transfers of control and any other payments otherwise required by Section 1.2111 of the Commissions rules will be required to be made immediately prior to closing. Contacts For further information contact Kathy Harris or Erin McGrath, Commercial Wireless Division, Wireless Telecommunications Bureau, at (202) 418-7240, or Rita Cookmeyer, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202) 418-0660. last reviewed/updated on 2/12/03 __________________________________________________________________ [101]Skip Bottom FCC Navigation Links and Contact Info
  • http://www.fcc.gov/transaction/aws-cingular.html
    • has been satisfied. The parties state that the five-year build-out notifications have been filed for all of the C and F block licenses implicated in the assignment applications. Additionally, the parties acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments and any other payments otherwise required by Section 1.2111 of the Commissions rules will be required to be made immediately prior to closing. Contacts For further information, contact Erin McGrath, Commercial Wireless Division, Wireless Telecommunications Bureau, at (202) 418-7240, or Rita Cookmeyer, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, at (202) 418-0660. last reviewed/updated on 5/14/03 __________________________________________________________________ [89]Skip Bottom FCC Navigation Links and Contact Info [90]FCC Home |
  • http://www.fcc.gov/transaction/documents/fcc9728.pdf
    • transfer of authorized but unconstructed point-to-point microwave facilities that are controlled by PacTel does not implicate the Commission's anti-trafficking restrictions. Second, pursuant to Section 21.934(c) of our Rules (47 CFR § 21.934(c)), we find that the anti-trafficking provision of Section 21.39 does not apply to the BTA Multipoint Distribution Service authorizations involved in this proposed transfer. Third, pursuant to Sections 1.2111, 21.934, and 24.839 of our Rules (47 CFR §§ 1.2111, 21.934, and 24.839), we find that no trafficking or unjust enrichment is involved in the transfer of control of licenses for facilities in the Personal Communications Services and Multipoint Distribution Service which were obtained through competitive bidding in the last three years. Finally, pursuant to Sections 21.23(c)(6), 22.123(a), 24.823(g)(3), and
  • http://www.fcc.gov/transaction/nbc-telemundo/kmas-tv_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/ksts_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/ktmd_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/kvda_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/kvea_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/kwhy-tv_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/kxtx-tv_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/wkaq-tv_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/wnju_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/wscv_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nbc-telemundo/wsns-tv_appli110101.html
    • to pending application File number of pending application: - If an amendment, submit as an Exhibit a listing by Section and Question Number of the portions of the pending application that are being revised. [Exhibit 1] 5. Were any of the authorizations that are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on
  • http://www.fcc.gov/transaction/nextel-pacific/da012765.pdf
    • to determine whether, on balance, the transaction is likely to enhance competition in the relevant markets. 11. Nextel states that it will use Chadmoore's licenses to increase Nextel's capacity and support and improve its offerings.27 Chadmoore provides trunked analog dispatch service with its 800 20 The licenses were awarded at auction to Centennial Communications Corporation. 21 See 47 C.F.R. § 1.2111(d)(2)(E). 22 47 C.F.R. §§ 1.2111(d) (bidding credits), 1.2111[c] (installment financing), 90.815 (eligibility for small business status). 23 We note that the 1996 amendments to the Communications Act were specifically intended to produce competitive telecommunications markets. AT&T Corporation, et al., v. Iowa Utils. Bd., 525 US 366, 371 (1999). 24 Our determination of the affected markets requires us to identify the
  • http://www.fcc.gov/transaction/telecorp-tritel/leaco2_reply082800.pdf
    • ACQUIRE C BLOCK LICENSES FROM ZUMA..........................................................................................................................3 1. Royal Does Not Meet the Eligibility Criteria of ? 24.709 as of the Filing Of the Transfer Applications............................................................................4 2. Royal Does Not Hold Other C or F Block Licenses and Does Not Fall Within the Grandfather Provision of ? 24.839(a)(2).......................................7 B. THE TRANSFER APPLICATIONS FAIL TO SATISFY THE TRANSFER DISCLOSURE REQUIREMENTS OF ? 1.2111(a)...........................................10 III. CONCLUSION................................................................................................................11 iii SUMMARY By the filing of the above-referenced Transfer Applications, the parties seek consent to transfer control of certain C block PCS licenses within five years of the grant of such licenses. The proposed transaction, however, is not permitted pursuant to ?? 1.948 and 24.839 of the FCC's rules. The proposed transferee does not meet the eligibility criteria
  • http://www.fcc.gov/transaction/voicestream-cook/da002820.doc http://www.fcc.gov/transaction/voicestream-cook/da002820.pdf
    • VoiceStream granted herein is conditioned upon payment in full of any amount owed to the United States for these licenses on or before consummation of the contemplated transaction. 26. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§154(i) and (j), 309, and 310(d), and section 1.2111(d) of the Commission's rules, 47 C.F.R. § 1.2111(d), that, to the extent discussed above, Commission approval of the transfer of the WCS licenses granted herein is conditioned upon transferors making unjust enrichment payments to the U.S. government pursuant to section 1.2111(d) of the Commission's rules, 47 C.F.R. § 1.2111(d). 27. This Order is issued pursuant to authority delegated by sections