FCC Web Documents citing 22.223

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-333A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-333A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-333A1.txt
  • Further Notice of Proposed Rulemaking, 12 FCC Rcd 2731, 2811-2812 (1997). These provisions were somewhat modified and clarified in Revision of Part 22 and Part 90 of the Commission's Rules To Facilitate Future Development of Paging Systems, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030, 10085-10088 (1999). See also 47 C.F.R. §§ 22.217, 22.223. See Letter to Amy J. Zoslov, Chief (Acting), Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, at 3-4 (Dec. 2, 1998). Trends in Telephone Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.txt
  • Further Notice of Proposed Rulemaking, 12 FCC Rcd 2731, 2811-2812 (1997). These provisions were somewhat modified and clarified in Revision of Part 22 and Part 90 of the Commission's Rules To Facilitate Future Development of Paging Systems, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030, 10085-10088 (1999). See also 47 C.F.R. §§ 22.217, 22.223. See Letter to Amy J. Zoslov, Chief (Acting), Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, at 3-4 (Dec. 2, 1998). 13 C.F.R. § 121.201, NAICS code 517211. Trends in Telephone Service, Table 5.3. Air-ground radiotelephone service is defined in Section 22.99 of the Commission's rules, 47 C.F.R. § 22.99.
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  • auction.'' Part 1 rules, however, incorporate portions of the Part 22 rules. As indicated in Section 1.2110(c)(1), the Commission ``establish[es] the definition of a small business on a service-specific basis, taking into account consideration [of] the characteristics and capital requirements of the particular service.'' With respect to the paging services, this means that the definition of small business in Section 22.223(b) remains in effect. Small businesses are defined in two groups, one with attributable average gross revenues of less than $3 million and one with attributable average gross revenues of less than $15 million. The Commission applies Part 1 rules regarding affiliation, controlling interests, and gross revenues, rather than Part 22, when determining whether an applicant qualifies as a small business
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  • of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1460. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's Rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities qualifying as small businesses and consortia of small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Section 22.223(b) of the Commission's Rules establishes that small businesses, along with consortia of small businesses, will be eligible for designated entity status in Paging Service auctions. See 47 C.F.R. § 22.223(b). Small Businesses under Section 22.223(b)(1)(ii): A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $15 million
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  • those principals or entities, the affiliates of those principals or entities, the applicant and its affiliates, will be counted in determining small business eligibility. A consortium of small businesses is a ``conglomerate organization formed as a joint venture between or among mutually independent business firms,'' each of which individually must satisfy the definition of small business in Sections 1.2110(f) and 22.223(b). Thus, each consortium member must disclose its gross revenues along with those of its affiliates, its controlling interests, and the affiliates of its controlling interests. We note that although the gross revenues of the consortium members will not be aggregated for purposes of determining eligibility for small business credits, this information must be provided to ensure that each individual consortium
• 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
  • are redundant with certain portions of section 1.2110 of the Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • are redundant with certain portions of section 1.2110 of the Commission's rules, are removed: 21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8). We also modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section 1.2110(b) of the Commission's rules, the Part 1 eligibility criteria for small business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 26.4; 26.210(b); 27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2). We modify the following service-specific rules by changing the term ``controlling principal'' to ``controlling interest'' to conform the rules with the Commission's general competitive bidding rules: 90.912(b)(1)-(2); 90.913(a)(1); 90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e). Additionally, we modify or remove the following service-specific rules in whole
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  • Radiotelephone Service and other Commercial Mobile Radio Services, WT Docket No. 01-108, Erratum, DA 02-2969 (rel. Nov. 4, 2002) (Cellular Biennial Review First Report and Order and Cellular Biennial Review Second Report and Order, respectively; collectively Cellular Biennial Review Orders). See Competitive Bidding Conforming Edits Order, supra (modified or eliminated sections 22.201, 22.203, 22.205, 22.207, 22.209, 22.211, 22.213, 22.215, 22.217, 22.223, 22.225, 22.227-22.228, 22.960-22.961, and 22.967). CTIA Petition at 20-22. RCA Reply Comments at 5. Radiosoft Comments at 1. AMTA Reply Comments at 8-9. Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18401. 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Seventh CMRS Competition Report, 17
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • Radiotelephone Service and other Commercial Mobile Radio Services, WT Docket No. 01-108, Erratum, DA 02-2969 (rel. Nov. 4, 2002) (Cellular Biennial Review First Report and Order and Cellular Biennial Review Second Report and Order, respectively; collectively Cellular Biennial Review Orders). See Competitive Bidding Conforming Edits Order, supra (modified or eliminated sections 22.201, 22.203, 22.205, 22.207, 22.209, 22.211, 22.213, 22.215, 22.217, 22.223, 22.225, 22.227-22.228, 22.960-22.961, and 22.967). CTIA Petition at 20-22. RCA Reply Comments at 5. Radiosoft Comments at 1. AMTA Reply Comments at 8-9. Cellular Biennial Review First Report and Order, 17 FCC Rcd at 18401. 47 C.F.R Part 22, subpart E. See ULS Report and Order, 13 FCC Rcd 21027. 47 C.F.R. §§ 22.501-22.529. See Seventh CMRS Competition Report, 17
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  • of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1527. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's Rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities qualifying as small businesses and consortia of small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Section 22.223(b) of the Commission's Rules establishes that small businesses, along with consortia of small businesses, will be eligible for designated entity status in Paging Service auctions. See 47 C.F.R. § 22.223(b). Small Businesses under Section 22.223(b)(1)(ii): A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $15 million
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • radio stations may be licensed and used in the Paging and Rural, Air-Ground, Cellular and Offshore Radiotelephone Services. Subpart B sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial licenses. Need: These rules are needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). The provisions in 47 C.F.R. 22.217, 22.223, and 22.225 are necessary to administer the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids. Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332. Section Number and Title: 22.131(d)(2)(v) Procedures for mutually exclusive applications. 22.201 Paging geographic area authorizations are subject to competitive bidding. 22.217 Bidding credit
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  • certain entities should not be attributed to the applicant, and why certain relationships should not be considered attributable or impermissible material relationships. Pursuant to section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. For licenses available in the Lower and Upper Paging Bands Auction (Auction 87), sections 1.2110(f)(2), 22.217, and 22.223(b) of the Commission's rules specify that small businesses (and consortia of small businesses) are eligible for bidding credits in the following manner: Small businesses under section 22.223(b)(2): A small business that, together with its affiliates and controlling interests, has had average annual gross revenues that do not exceed $15 million for the preceding three years, is eligible for a bidding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1463A7_Rcd.pdf
  • certain entities should not be attributed to the applicant, and why certain relationships should not be considered attributable or impermissible material relationships. Pursuant to section 1.2110(f)(1) of the Commission's rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities. For licenses available in the Lower and Upper Paging Bands Auction (Auction 87), sections 1.2110(f)(2), 22.217, and 22.223(b) of the Commission's rules specify that small businesses (and consortia of small businesses) are eligible for bidding credits in the following manner: xSmall businesses under section 22.223(b)(2): A small business that, together with its affiliates and controlling interests, has had average annual gross revenues that do not exceed $15 million for the preceding three years, is eligible for a bidding
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  • WT Docket No. 05-211, Order on Reconsideration of the Second Report and Order, FCC 07-68, 21 FCC Rcd 6703 (2006) (``Order on Reconsideration of the Designated Entity Second Report and Order''). See Paging Second Report and Order at 2806 ¶¶ 167-68, 2811 ¶ 178. See Paging Reconsideration Order at 10,091 ¶ 113. See also 47 C.F.R. §§ 1.2110, 22.217, and 22.223. In the service-specific rulemaking governing paging licenses available in Auction 87, the Commission declined to adopt bidding credits for entities with attributable average gross revenues of more than $15 million. See Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, WT Docket No 96-18, Implementation of Section 309(j) of the Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-18A1_Rcd.pdf
  • WT Docket No. 05-211, Order on Reconsideration of the Second Report and Order, FCC 07-68, 21 FCC Rcd 6703 (2006) ("Order on Reconsideration of the Designated Entity Second Report and Order"). 89See Paging Second Report and Order at 2806 ¶¶ 167-68, 2811 ¶ 178. 90See Paging Reconsideration Order at 10,091 ¶ 113. See also 47 C.F.R. §§ 1.2110, 22.217, and 22.223. In the service-specific rulemaking governing paging licenses available in Auction 87, the Commission declined to adopt bidding credits for entities with attributable average gross revenues of more than $15 million. SeeRevision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, WT Docket No 96-18, Implementation of Section 309(j) of the Communications Act
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  • a bidder's winning bid will be discounted. See 47 C.F.R. §1.2110; see also Auction of Lower and Upper Paging Bands Licenses Scheduled for May 25, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 87, Public Notice, 25 FCC Rcd 6333, 6350 ¶ 72 (WTB 2010) (Procedures Public Notice). 47 C.F.R. §§ 1.2110(f)(2), 22.217, 22.223. If an application is deemed complete, the applicant need only provide an upfront payment to qualify; if the application is deemed incomplete, the applicant must address the deficiencies identified by the Commission staff in an amended application. See 47 C.F.R § 1.2105(b)(2) (``[t]he Commission will provide bidders a limited opportunity to cure defects [in their short-forms]. . . .''). 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-676A1_Rcd.pdf
  • represents an amount bywhich a bidder's winning bid will be discounted. See47 C.F.R. §1.2110; see alsoAuction of Lower and Upper Paging Bands Licenses Scheduled for May 25, 2010; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures forAuction 87, Public Notice, 25 FCC Rcd 6333, 6350 ¶72 (WTB 2010) (Procedures Public Notice). 447 C.F.R. §§ 1.2110(f)(2), 22.217, 22.223. 5If an application is deemed complete, the applicant need only provide an upfront payment to qualify; if the application is deemed incomplete, the applicant must address the deficiencies identified by the Commission staff in an amended application. 6See 47 C.F.R §1.2105(b)(2) ("[t]he Commission will provide bidders a limited opportunity to cure defects [in their short-forms]. . . ."). 747 C.F.R.
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  • Further Notice of Proposed Rulemaking, 12 FCC Rcd 2731, 2811-2812 (1997). These provisions were somewhat modified and clarified in Revision of Part 22 and Part 90 of the Commission's Rules To Facilitate Future Development of Paging Systems, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030, 10085-10088 (1999). See also 47 C.F.R. §§ 22.217, 22.223. See Letter to Amy J. Zoslov, Chief (Acting), Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, at 3-4 (Dec. 2, 1998). Trends in Telephone Service, Table 19.3 (Feb. 19, 1999). See Amendment of Parts 20 and 24 of the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile
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  • Further Notice of Proposed Rulemaking, 12 FCC Rcd 2731, 2811-2812 (1997). These provisions were somewhat modified and clarified in Revision of Part 22 and Part 90 of the Commission's Rules To Facilitate Future Development of Paging Systems, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030, 10085-10088 (1999). See also 47 C.F.R. §§ 22.217, 22.223. See Letter to Amy J. Zoslov, Chief (Acting), Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, at 3-4 (Dec. 2, 1998). 13 C.F.R. § 121.201, NAICS code 517211. Trends in Telephone Service, Table 5.3. Air-ground radiotelephone service is defined in Section 22.99 of the Commission's rules, 47 C.F.R. § 22.99.
• 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
  • annual gross revenues that are not more than $40 million for the preceding three calendar years. * * * * * § 21.961 [Removed and Reserved] 14. Remove and reserve § 21.961. 15. Revise § 22.217 to read as follows: § 22.217 Bidding credit for small businesses. A winning bidder that qualifies as a small business, as defined in § 22.223(b)(1), or a consortium of small businesses may use a bidding credit of thirty- five (35) percent to lower the cost of its winning bid. A winning bidder that qualifies as a small business, as defined in § 22.223(b)(2), or consortium of small businesses may use a bidding credit of twenty-five (25) percent to lower the cost of its winning bid.
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  • of the Commission's Rules - Competitive Bidding Proceeding, WT Docket 97-60, Order, Memorandum Opinion and Order, and Notice of Proposed Rule Making, 12 FCC Rcd 5686, 5702 ¶ 26 (1997) (``Part 1 Order''). 47 C.F.R. § 90.814(g) (2001); see Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See, e.g., 47 C.F.R. §§ 1.948, 1.2105, 1.2110, 1.2112, 20.6, 21.38, 22.223, 22.225. See, e.g., id. §§ 1.2110, 22.223, 27.210, 90.814, 90.912, 90.1021, 101.1109. See Part 1 Order, 12 FCC Rcd at 5703 ¶ 27. See generally Part 1 Fifth Report and Order, 15 FCC Rcd at 15293. Id. at 15323 ¶ 59. 47 C.F.R. § 1.2110(c)(2). Id. Id. In Ellis Thompson, the Commission identified the following factors used to determine control
• http://wireless.fcc.gov/auctions/26/releases/d000508d.doc http://wireless.fcc.gov/auctions/26/releases/d000508d.pdf http://wireless.fcc.gov/auctions/26/releases/d000508d.txt
  • This list must include a description of their principal business and a description of each business' relationship to applicant. To comply with 47 C.F.R. § 1.2112(a)(5), which requires the applicant to account for all controlling interests, applicant must list the names, addresses and citizenship of all persons or entities meeting the definition of ``affiliate'' as defined in 47 C.F.R. § 22.223(d), to the extent that such entities are not previously included in Parts 1, 2, and 3 of Exhibit A. Note: Applicants may provide information required in Parts 1 through 4 above by scanning and attaching a copy of their current FCC Form 602 (in Adobe PDF) as an exhibit to FCC Form 601. To avoid inadvertent disclosure of Taxpayer Identification
• http://wireless.fcc.gov/auctions/26/releases/d991591c.doc http://wireless.fcc.gov/auctions/26/releases/d991591c.txt
  • a. the applicant; b. any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as defined in Section 2.A.1 of this Public Notice) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. § 22.223 and § 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and
• http://wireless.fcc.gov/auctions/26/releases/da991591.doc http://wireless.fcc.gov/auctions/26/releases/da991591.pdf http://wireless.fcc.gov/auctions/26/releases/da991591.txt
  • adopted small business provisions to promote and facilitate the participation of small businesses in the Upper Bands Auction and in the provision of this and other commercial mobile radio services. General eligibility to provide Upper Bands service, subject to any restrictions outlined in the Commission's rules, is afforded to entities that are not precluded under 47 C.F.R. §§ 22.217 and 22.223. (3) Determination of Revenues For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. Therefore, the gross revenues of all of the above entities must be disclosed separately and in the aggregate as
• 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
  • the licensee fails to meet the coverage requirements. Federal Communications Commission FCC 97-59 Partitioning is the assignment of geographic portions of the geographic area paging license along geopolitical or 460 other boundaries. In the Second Report and Order we permit partitioning of geographic area paging licenses along any service area defined by the parties. Small business is defined in Section 22.223(b). 47 C.F.R. § 22.223(b). 461 See 47 C.F.R. §§ 22.217, 22.219. 462 See 47 C.F.R. §§ 22.217(b), 22.219(c). 463 87 B. Partitioning and Disaggregation 1. Partitioning a. In general 203. In the Second Report and Order, we adopted geographic partitioning provisions for 460 MTA and EA geographic area paging licensees. In this Further Notice we seek comment on whether nationwide
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  • individuals, the Commission decided to eliminate the personal net worth Federal Communications Commission FCC 99-98 Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 421, ¶ 30. 352 See former Narrowband PCS rules, 47 C.F.R. § 24.320(e) (1995). 353 Competitive Bidding Fifth Memorandum Opinion and Order, 10 FCC Rcd at 421, ¶ 30. 354 See 47 C.F.R. § 22.223(b)(2). 355 47 C.F.R. § 24.709(b). 356 Second Report and Order and Further Notice, 12 FCC Rcd at 2812, ¶ 180. 357 47 C.F.R. § 22.223(d); see also Second Report and Order and Further Notice, 12 FCC Rcd at 2812, 358 ¶ 180. See, e.g., 13 C.F.R. § 121.103. 359 Second Report and Order and Further Notice, 12 FCC Rcd at
• http://wireless.fcc.gov/auctions/26/releases/pagebp_a.pdf
  • facilitate the participation of small businesses in the 929 and 931 MHz Paging Auction and in the provision of this and other commercial mobile radio services. General eligibility to provide the 929 and 931 MHz Paging service, subject to any restrictions outlined in the Commission's rules, is afforded to entities that are not precluded under 47 C.F.R. §§ 22.217 and 22.223. (1) Determination of Revenues For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. Therefore, the gross revenues of all of the above entities must be disclosed separately and in the aggregate as
• http://wireless.fcc.gov/auctions/26/releases/pagebp_f.pdf
  • for an FCC license, in which a.the applicant; b.any party with a 10 percent or greater interest in the applicant; or c. a controlling interest (as defined in Tab A) of the applicant owns a 10 percent or greater interest or 10 percent or more of any class of stock, warrants, options or debt securities. (See also 47 C.F.R. § 22.223 and § 1.2110) This list must include a description of each such entities' principal business and a description of each such entities' relationship to the applicant. Example of a. The applicant owns 10 percent of Company A (an FCC-licensed entity or an applicant for an FCC license). The applicant must list Company A on its Form 175 Exhibit A and
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • subsequent to the close of bidding, defaults on a payment due, or is disqualified, is subject to the payments specified in § 22.207, § 1.2104(g), or § 1.2109 of this chapter, as applicable. § 22.217 Bidding credits for small businesses. (a) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in § 22.223(b)(1)(i) of this part may use a bidding credit of thirty-five (35) percent to lower the cost of its winning bid. A winning bidder that qualifies as a small business or a consortium of small businesses as defined in § 22.223(b)(1)(ii) of this part may use a bidding credit of twenty-five (25) percent to lower the cost of its winning bid.
• http://wireless.fcc.gov/auctions/40/releases/da010850.doc http://wireless.fcc.gov/auctions/40/releases/da010850.pdf http://wireless.fcc.gov/auctions/40/releases/da010850.txt
  • interest are determined, only the revenues of those principals or entities, the applicant and their affiliates will be counted in determining small business eligibility. A consortium of small businesses is a ``conglomerate organization formed as a joint venture between or among mutually independent business firms,'' each of which individually must satisfy the definition of small business in Sections 1.2110(f) and 22.223(b). Thus, each consortium member must disclose its gross revenues along with those of its affiliates, its controlling interests, and the affiliates of its controlling interests. We note that although the gross revenues of the consortium members will not be aggregated for purposes of determining eligibility for small business credits, this information must be provided to ensure that each individual consortium
• http://wireless.fcc.gov/auctions/40/releases/da012122.doc http://wireless.fcc.gov/auctions/40/releases/da012122.pdf http://wireless.fcc.gov/auctions/40/releases/da012122.txt
  • auction.'' Part 1 rules, however, incorporate portions of the Part 22 rules. As indicated in Section 1.2110(c)(1), the Commission ``establish[es] the definition of a small business on a service-specific basis, taking into account consideration [of] the characteristics and capital requirements of the particular service.'' With respect to the paging services, this means that the definition of small business in Section 22.223(b) remains in effect. Small businesses are defined in two groups, one with attributable average gross revenues of less than $3 million and one with attributable average gross revenues of less than $15 million. The Commission applies Part 1 rules regarding affiliation, controlling interests, and gross revenues, rather than Part 22, when determining whether an applicant qualifies as a small business
• http://wireless.fcc.gov/auctions/40/releases/da012858.pdf http://wireless.fcc.gov/auctions/40/releases/da012858.txt
  • of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1460. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's Rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities qualifying as small businesses and consortia of small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Section 22.223(b) of the Commission's Rules establishes that small businesses, along with consortia of small businesses, will be eligible for designated entity status in Paging Service auctions. See 47 C.F.R. § 22.223(b). Small Businesses under Section 22.223(b)(1)(ii): A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $15 million
• http://wireless.fcc.gov/auctions/40/releases/da012858E.pdf http://wireless.fcc.gov/auctions/40/releases/da012858E.txt
  • of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1460. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Section 1.2110(f)(1) of the Commission's Rules, the Commission may award bidding credits (i.e., payment discounts) to eligible designated entities qualifying as small businesses and consortia of small businesses under the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Section 22.223(b) of the Commission's Rules establishes that small businesses, along with consortia of small businesses, will be eligible for designated entity status in Paging Service auctions. See 47 C.F.R. § 22.223(b). Small Businesses under Section 22.223(b)(1)(ii): A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $15 million
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=87
  • its controlling interests, the affiliates of its controlling interest, and any entities with which the applicant has an attributable material interest, as defined by the Commissions rules: * A bidder with attributed average annual gross revenues that do not exceed $15 million for the preceding three years receives a 25 percent discount on its winning bids. 47 C.F.R. 1.2110(f), 22.217, 22.223(b)(2). * A bidder with attributed average annual gross revenues that do not exceed $3 million for the preceding three years receives a 35 percent discount on its winning bids. 47 C.F.R. 1.2110(f), 22.217, 22.223(b)(1). Bidding credits are not cumulative. A qualifying applicant may claim either a 25 percent or 35 percent bidding credit on its winning bids. Tribal Land Bidding
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • For example, portions of section 22.962 are removed because they are redundant with the Bureau's broad delegation of authority to conduct auctions. 47 C.F.R. § 0.331(d); see supra note 9. Section 22.962 is also removed because it is redundant with section 1.2104. 47 C.F.R. §§ 1.2104, 22.962; see paragraph 8. 25 47 C.F.R. §§ 1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 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
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991591.pdf
  • adopted small business provisions to promote and facilitate the participation of small businesses in the Upper Bands Auction and in the provision of this and other commercial mobile radio services. General eligibility to provide Upper Bands service, subject to any restrictions outlined in the Commission's rules, is afforded to entities that are not precluded under 47 C.F.R. §§ 22.217 and 22.223. (3) Determination of Revenues 11 For purposes of determining which entities qualify as very small businesses or small businesses, the Commission will consider the gross revenues of the applicant, its controlling interests, and the affiliates of the applicant and its controlling interests. Therefore, the gross revenues of all of the above entities must be disclosed separately and in the aggregate