FCC Web Documents citing 27.502

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

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  • Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration (Jan. 6, 1998). See Service Rules for the 746-764 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299, 5344 (2000) (700 MHz Guard Band Second Report and Order); see also 47 C.F.R. § 27.502(a). These definitions have been approved by the SBA. See Letter to Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Gary M. Jackson, Assistant Administrator, Small Business Administration (Mar. 26, 2001). See 700 MHz Guard Band Second Report and Order, 15 FCC Rcd at 5344; see also 47 C.F.R. § 27.502(a). See 700
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  • promote diversity of license ownership and summarizing major findings of market barrier studies). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on
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  • Winning Bidder Announced,'' Public Notice, 18 FCC Rcd 9089 (2003). In the 1670-1675 MHz Band auction (Auction No. 46), the Commission offered a bidding credit on a nationwide license in the 1670-1675 MHz band to small businesses with average annual revenues not exceeding $40 million and very small businesses with average annual revenues not exceeding $15 million. 47 C.F.R. § 27.502. We note that use of these special small business size standards does not require coordination with the Small Business Administration. 47 C.F.R. § 27.15. Frontline Mar. 26 Ex Parte in WT Docket Nos. 06-150 and 06-169 and PS Docket No. 06-229 at 4, Attached Proposed Rules. Under this proposal, in partitioning, each D Block licensee should meet the build-out requirements
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  • 399-400, 15447-49 ¶¶ 444-54. Id. at 15448-49 ¶¶ 448-53. Id. at 15448-49 ¶¶ 450-52. Id. at 15448 ¶ 447. Id. at 15448 ¶ 447. Id. at 15465 ¶ 508. Id. at 15410 ¶ 332. Id. at 15412 ¶ 341. Id. at 15412 ¶ 339. Id. See id. at 15400 ¶ 301. See id. at 15404 ¶ 314. 47 C.F.R. § 27.502. 47 C.F.R. § 1.2110(b)(3)(iv)(A). See generally Waiver of Section 1.2110(b)(3)(iv)(A) of the Commission's Rules For the Upper 700 MHz Band D Block License, Order, 22 FCC Rcd 20354 (2007) (D Block Waiver Order) recon. pending. Id. at 20354 ¶ 1. AT&T Inc. Petition for Reconsideration and Clarification, WT Docket No. 06-150; PS Docket No. 06-229 (filed Sept. 24, 2007); Blooston
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  • (c), whether or not combinatorial bidding is available in the auction, if the Commission for any reason does not assign a license to the applicant holding the winning bid for that license at the close of the auction, the Commission may, at its discretion, offer the same license to another party making the next highest bid for that license. Section 27.502 is amended by revising the introductory text and adding paragraph (c) to read as follows: § 27.502 Designated entities. Eligibility for small business provisions. * * * * * (c) The spectrum capacity of any Upper 700 MHz D Block license that is subject to any arrangements for the lease or resale (including under a wholesale agreement) of spectrum capacity
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  • Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz Second Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for Guard Band licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 interest holders, and affiliates of the applicant and its controlling interest holders. The Commission does not impose specific equity requirements on controlling interest holders. Once principals or entities with a controlling interest are determined,
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  • strategies. Small Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz First Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the revenues
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  • Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz Second Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for Guard Band licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the revenues
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  • the Communications Act and the filing and processing of petitions for declaratory ruling should be directed to Claudia Fox, Chief of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1460. Note: There is no need to include an Exhibit B if the applicant responded "No" to Questions 40 through 44. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Sections 27.502(c), 1.2110(f)(ii) and (iii) of the Commission's Rules, 47 C.F.R. §§ 27.502(c), 1.2110(f)(ii), (iii), small businesses and very small businesses are eligible for bidding credits of fifteen percent (15%) and twenty-five percent (25%), respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Sections 27.502(a)(1) and (2) of the Commission's Rules, 47 C.F.R.
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  • Order, 11 FCC Rcd 16949 (WTB 1996) (finding that petitioner failed to demonstrate standing to challenge applications in multiple markets because it was not eligible to bid in all of the markets at issue). Petitions at 1. SBT states that it is a trade organization comprised of small telecommunications business owners. Id. See Petitions at 2. See 47 C.F.R. § 27.502. See, e.g., Amendments of Parts 1, 2, 87 and 101 of the Commission Rules to License Fixed Services at 24 GHz, WT Docket No. 99-238, Report and Order, FCC 00-272, at ¶ 88 (rel. August 1, 2000); Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, WT Docket No. 96-18, Memorandum
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  • not prohibit non-auction related business negotiations among auction applicants, bidders are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Eligibility Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits are available to small and very small businesses, or consortia, thereof, as defined in 47 C.F.R. § 27.502. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of a 700 MHz band bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: A bidder with attributed average
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  • not prohibit non-auction related business negotiations among auction applicants, bidders are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. Eligibility Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits are available to small and very small businesses, or consortia, thereof, as defined in 47 C.F.R. § 27.502. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of a 700 MHz band bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: A bidder with attributed average
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  • groups and/or women, and rural telephone companies. This section also provides the eligibility criteria for small businesses, defines terms specific to designated entities, and addresses bidding credits and other financial incentives available to certain designated entities. The following service-specific rules, which 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
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  • groups and/or women, and rural telephone companies. This section also provides the eligibility criteria for small businesses, defines terms specific to designated entities, and addresses bidding credits and other financial incentives available to certain designated entities. The following service-specific rules, which 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
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  • unnecessary rules from the Code of Federal Regulations. The Order amended the Commission's rules on competitive bidding to further the Bureau's continuing efforts to streamline its procedures in accordance with the Commission's biennial regulatory review obligations set forth at section 11(a) of the Communications Act of 1934, as amended. 2. Need for Correction. As published, the amended 47 CFR § 27.502, which renumbered original Section 27.502(a)(6) as Section 27.502(c), inadvertently omitted the substance of the original Section 27.502(c), regarding bidding credit percentages. This correction restores the original Section 27.502(c) as Section 27.502(b), and renumbers the remaining paragraphs of Section 27.502 (i.e., the current paragraphs (a) and (b)) as Sections 27.502(a)(1) and 27.502(a)(2). In addition, we take this opportunity to update cross-references
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  • unnecessary rules from the Code of Federal Regulations. The Order amended the Commission's rules on competitive bidding to further the Bureau's continuing efforts to streamline its procedures in accordance with the Commission's biennial regulatory review obligations set forth at section 11(a) of the Communications Act of 1934, as amended. 2. Need for Correction. As published, the amended 47 CFR § 27.502, which renumbered original Section 27.502(a)(6) as Section 27.502(c), inadvertently omitted the substance of the original Section 27.502(c), regarding bidding credit percentages. This correction restores the original Section 27.502(c) as Section 27.502(b), and renumbers the remaining paragraphs of Section 27.502 (i.e., the current paragraphs (a) and (b)) as Sections 27.502(a)(1) and 27.502(a)(2). In addition, we take this opportunity to update cross-references
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  • to provide information for entity(ies) with which the applicant has an attributable material relationship as required by our rules. In addition, applicants can use Exhibit C to explain updates to the pre-filled information from the FCC Form 175. 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. Section 27.502 of the Commission's rules specifies the following designated entities as eligible for bidding credits in the Advanced Wireless Services auction (Auction No. 66): a very small business, a small business, a consortium of very small businesses, and a consortium of small businesses. Very Small Businesses under Section 27.502(b): A very small business is an entity that, together with its affiliates
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  • at 1945-46 ¶ 9. Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd at 10185-186 ¶¶ 8-9. However, to the extent that the officers and directors of the applicant are controlling interest holders of other entities, the gross revenues of those entities will be attributed to the applicant. 47 C.F.R. § 1.2110(c)(6). 47 C.F.R. §§ 27.502 and 27.702. 47 C.F.R. § 1.2110(b)(3)(i). The CSEA/Part 1 Report and Order modified the procedure by which a consortium that is a winning bidder will apply for a license. See CSEA/Part 1 Report and Order, 21 FCC Rcd at 911-912 ¶¶ 51-52. Applicants applying as consortia should review the CSEA/Part 1 Report and Order and sections 1.2107(g) and 1.2110(b)(3) of
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  • to issue a Public Notice describing any such modifications and relevant filing procedures and adopt filing rules and procedures not inconsistent with the 700 MHz Second Report and Orderto facilitate these reporting obligations. 4. Other Issues a. Bidding Credits The Commission provided eligible bidders for the D Block license with the existing 15and 25 percent bidding credits (47 C.F.R. § 27.502). Pursuant to the existing small business size standards, eligible bidders with average attributable gross revenues for the last three years not exceeding $15 million or $40 million, respectively, may be eligible for bidding credits of 25 percent or 15 percent, respectively. b. License Partitioning, Disaggregation, Assignment, and Transfer The Commission decided to prohibit geographic partitioning and spectrum disaggregation for the
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  • C to explain any updates to the pre-filled information from the FCC Form 175, why 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. Sections 1.2110(f)(2), 27.502, and 27.702 of the Commission's rules specify the following designated entities as eligible for bidding credits in the 700 MHz Service Auction (Auction 73): a very small business, a small business, a consortium of very small businesses, and a consortium of small businesses. Very Small Businesses under Section 1.2110(f)(2)(iii): A very small business is an entity that, together with its
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  • in the 698-806 MHz band will be considered. Need: These rules implement the Commission's competitive bidding authority under 47 U.S.C. 309(j) for initial applications in the 698-806 MHz bands. Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and 337. Section Number and Title: 27.501 746-763 MHz, 775-793 MHz, and 805-806 MHz bands subject to competitive bidding. 27.502 Designated entities. SUBPART G-GUARD BAND A AND B BLOCKS (757-758/787-788 MHZ AND 775-776/805-806 MHZ BANDS) Brief Description: Part 27 contains the Commission rules relating to miscellaneous wireless communications services (WCS), specifically, the conditions under which spectrum is made available and licensed for the provision of wireless communications services in the 2305-2320 MHz and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and
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  • following procedure would be available, however, to limit the exposure associated with bid withdrawal for those seeking a 30 megahertz nationwide aggregation, while still discouraging insincere bidding. Under this approach, an applicant would be required to declare on its short-form 289 See Section I, supra. 290 See 47 C.F.R. § 1.2105(a)(2)(viii); 47 C.F.R. § 1.2105(c). 291 See 47 C.F.R. § 27.502(a). 292 See Part I Third Report and Order, 13 FCC Red 374, 447-49, paras. 124-25. 293 47 C.F.R. § 1.2104(g). 527 Federal Communications Commission FCC 00-5 application whether it is seeking a 30 megahertz nationwide aggregation and wishes to be subject to the nationwide bid withdrawal provisions. An applicant that chooses to be such a nationwide bidder would not be
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  • unnecessary rules from the Code of Federal Regulations. The Order amended the Commission's rules on competitive bidding to further the Bureau's continuing efforts to streamline its procedures in accordance with the Commission's biennial regulatory review obligations set forth at section 11(a) of the Communications Act of 1934, as amended. 2. Need for Correction. As published, the amended 47 CFR § 27.502, which renumbered original Section 27.502(a)(6) as Section 27.502(c), inadvertently omitted the substance of the original Section 27.502(c), regarding bidding credit percentages. This correction restores the original Section 27.502(c) as Section 27.502(b), and renumbers the remaining paragraphs of Section 27.502 (i.e., the current paragraphs (a) and (b)) as Sections 27.502(a)(1) and 27.502(a)(2). In addition, we take this opportunity to update cross-references
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  • Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, Administrator, Small Business Administration (Jan. 6, 1998). See Service Rules for the 746-764 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Second Report and Order, 15 FCC Rcd 5299, 5344 (2000) (700 MHz Guard Band Second Report and Order); see also 47 C.F.R. § 27.502(a). These definitions have been approved by the SBA. See Letter to Margaret W. Wiener, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications Commission, from Gary M. Jackson, Assistant Administrator, Small Business Administration (Mar. 26, 2001). See 700 MHz Guard Band Second Report and Order, 15 FCC Rcd at 5344; see also 47 C.F.R. § 27.502(a). See 700
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  • promote diversity of license ownership and summarizing major findings of market barrier studies). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on
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  • 746-764 MHz and 776-794 MHz bands subject to competitive bidding. Revise § 27.501 to read as follows: Mutually exclusive initial applications for licenses in the 746-764 MHz and 776-794 MHz bands are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 27.502 [Amended] 29. Amend § 27.502 by removing paragraph (c). 30. Amend § 27.702 by removing paragraph (a)(4) and revising paragraph (b) to read as follows: § 27.702 Designated entities. * * * * * (b) Bidding credits. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit
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  • Winning Bidder Announced,'' Public Notice, 18 FCC Rcd 9089 (2003). In the 1670-1675 MHz Band auction (Auction No. 46), the Commission offered a bidding credit on a nationwide license in the 1670-1675 MHz band to small businesses with average annual revenues not exceeding $40 million and very small businesses with average annual revenues not exceeding $15 million. 47 C.F.R. § 27.502. We note that use of these special small business size standards does not require coordination with the Small Business Administration. 47 C.F.R. § 27.15. Frontline Mar. 26 Ex Parte in WT Docket Nos. 06-150 and 06-169 and PS Docket No. 06-229 at 4, Attached Proposed Rules. Under this proposal, in partitioning, each D Block licensee should meet the build-out requirements
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  • Winning Bidder Announced,'' Public Notice, 18 FCC Rcd 9089 (2003). In the 1670-1675 MHz Band auction (Auction No. 46), the Commission offered a bidding credit on a nationwide license in the 1670-1675 MHz band to small businesses with average annual revenues not exceeding $40 million and very small businesses with average annual revenues not exceeding $15 million. 47 C.F.R. § 27.502. We note that use of these special small business size standards does not require coordination with the Small Business Administration. 47 C.F.R. § 27.15. Frontline Mar. 26 Ex Parte in WT Docket Nos. 06-150 and 06-169 and PS Docket No. 06-229 at 4, Attached Proposed Rules. Under this proposal, in partitioning, each D Block licensee should meet the build-out requirements
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  • 700 MHz Second Report and Order, 22 FCC Rcd at 15,428-79 ¶¶ 386-553. Id. at 15,463-64 ¶ 502; see 47 C.F.R. § 27.1305. 700 MHz Second Report and Order, 22 FCC Rcd at 15,464 ¶ 505. Id. at 15,470-71 ¶ 529. Id. at 15,445 ¶ 437. See id. at 15,428-79 ¶¶ 386-553. Id. at 15,474 ¶ 537. 47 C.F.R. § 27.502. Petition for Reconsideration of Frontline Wireless, LLC, filed in WT Docket No. 06-150, September 24, 2007 at 4-5; Opposition of Frontline Wireless, LLC to Petitions for Reconsideration, filed in WT Docket No. 06-150, October 17, 2007 at 3-8. See generally Designated Entity Second Report and Order, 21 FCC Rcd 4753; Order on Reconsideration of Designated Entity Second Report and Order,
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  • in WT Docket No. 06-150 at 10-11; USCC Reply Comments in WT Docket No. 06-150 at 16-17. Council Tree Comments in WT Docket No. 06-150 at 13-15. For these bands, the Commission previously adopted bidding credits of 25% and 15% for applicants with average attributable gross revenues not exceeding $15 million and $40 million, respectively. See 47 C.F.R. §§ 1.2110(f)(2), 27.502, 27.702. See Access Spectrum et al. Comments in WT Docket No. 06-150. In contrast to Access Spectrum et al.'s proposal for bidding credits in exchange for Public Safety service commitments, existing rules and practice generally provide bidding preferences for certain types of applicants rather than for applicants committing to provide certain services. The Commission has noted in prior proceedings ``that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • in WT Docket No. 06-150 at 10-11; USCC Reply Comments in WT Docket No. 06-150 at 16-17. Council Tree Comments in WT Docket No. 06-150 at 13-15. For these bands, the Commission previously adopted bidding credits of 25% and 15% for applicants with average attributable gross revenues not exceeding $15 million and $40 million, respectively. See 47 C.F.R. §§ 1.2110(f)(2), 27.502, 27.702. See Access Spectrum et al. Comments in WT Docket No. 06-150. In contrast to Access Spectrum et al.'s proposal for bidding credits in exchange for Public Safety service commitments, existing rules and practice generally provide bidding preferences for certain types of applicants rather than for applicants committing to provide certain services. The Commission has noted in prior proceedings ``that
• 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
  • 399-400, 15447-49 ¶¶ 444-54. Id. at 15448-49 ¶¶ 448-53. Id. at 15448-49 ¶¶ 450-52. Id. at 15448 ¶ 447. Id. at 15448 ¶ 447. Id. at 15465 ¶ 508. Id. at 15410 ¶ 332. Id. at 15412 ¶ 341. Id. at 15412 ¶ 339. Id. See id. at 15400 ¶ 301. See id. at 15404 ¶ 314. 47 C.F.R. § 27.502. 47 C.F.R. § 1.2110(b)(3)(iv)(A). See generally Waiver of Section 1.2110(b)(3)(iv)(A) of the Commission's Rules For the Upper 700 MHz Band D Block License, Order, 22 FCC Rcd 20354 (2007) (D Block Waiver Order) recon. pending. Id. at 20354 ¶ 1. AT&T Inc. Petition for Reconsideration and Clarification, WT Docket No. 06-150; PS Docket No. 06-229 (filed Sept. 24, 2007); Blooston
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-230A1.txt
  • (c), whether or not combinatorial bidding is available in the auction, if the Commission for any reason does not assign a license to the applicant holding the winning bid for that license at the close of the auction, the Commission may, at its discretion, offer the same license to another party making the next highest bid for that license. Section 27.502 is amended by revising the introductory text and adding paragraph (c) to read as follows: § 27.502 Designated entities. Eligibility for small business provisions. * * * * * (c) The spectrum capacity of any Upper 700 MHz D Block license that is subject to any arrangements for the lease or resale (including under a wholesale agreement) of spectrum capacity
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • promote diversity of license ownership and summarizing major findings of market barrier studies). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • impairment of service. Subpart D -- Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands Sec. 27.201 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. * * * * * Subpart F -- Competitive Bidding Procedures for the 747-762 MHz and 777-792 MHz Bands Sec. 27.501 747-762 MHz and 777-792 MHz bands subject to competitive bidding. 27.502 Designated entities. 4. Section 27.1 is amended in paragraph (a) by deleting the phrase ``for the Wireless Communications Service (WCS)'' and substituting the phrase ``for miscellaneous wireless communications services (WCS)'' in lieu thereof, and by revising paragraph (b) to read as follows: § 27.1 Basis and purpose. * * * * * (b) Purpose. This part states the conditions under
• http://wireless.fcc.gov/auctions/31/releases/da000292.doc http://wireless.fcc.gov/auctions/31/releases/da000292.pdf http://wireless.fcc.gov/auctions/31/releases/da000292.txt
  • strategies. Small Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz First Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the revenues
• http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
  • non-auction related business negotiations among auction applicants, bidders are reminded that certain discussions or exchanges could touch upon impermissible subject matters because they may convey pricing information and bidding strategies. C. Eligibility 1. Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits are available to small and very small businesses, or consortia, thereof, as defined in 47 C.F.R. § 27.502. A bidding credit represents the amount by which a bidder's winning bids are discounted.74 The size of a 700 MHz band bidding credit depends on the average of the aggregated annual gross revenues for each of the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests: · A bidder with attributed
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  • impairment of service. Subpart D -- Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands Sec. 27.201 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. * * * * * Subpart F -- Competitive Bidding Procedures for the 747-762 MHz and 777-792 MHz Bands Sec. 27.501 747-762 MHz and 777-792 MHz bands subject to competitive bidding. 27.502 Designated entities. 4. Section 27.1 is amended in paragraph (a) by deleting the phrase ``for the Wireless Communications Service (WCS)'' and substituting the phrase ``for miscellaneous wireless communications services (WCS)'' in lieu thereof, and by revising paragraph (b) to read as follows: § 27.1 Basis and purpose. * * * * * (b) Purpose. This part states the conditions under
• http://wireless.fcc.gov/auctions/33/releases/d000850a.doc
  • in which a. the applicant; any party with a 10 percent or greater interest in the applicant; or a controlling interest (as discussed in Part II.C.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. §§ 27.502 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 provide
• http://wireless.fcc.gov/auctions/33/releases/d002154d.doc http://wireless.fcc.gov/auctions/33/releases/d002154d.txt
  • and Policies on Foreign Participation in the U.S. Telecommunications Market,'' IB Docket No. 97-142, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23935-42, 23946, (¶¶ 97-118, 131) (1997). Note: There is no need to include an Exhibit B if the applicant responded "No" to Questions 40 through 44. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. §§ 27.502(c), 1.2110(e)(ii) and (iii), small businesses and very small businesses are eligible for bidding credits of fifteen percent and twenty-five percent, respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. §§ 27.502(a)(1) and (2). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C.
• http://wireless.fcc.gov/auctions/33/releases/da000781.doc http://wireless.fcc.gov/auctions/33/releases/da000781.pdf http://wireless.fcc.gov/auctions/33/releases/da000781.txt
  • Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz Second Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for Guard Band licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the revenues
• http://wireless.fcc.gov/auctions/38/releases/d010478d.doc http://wireless.fcc.gov/auctions/38/releases/d010478d.txt
  • the Communications Act and the filing and processing of petitions for declaratory ruling should be directed to Claudia Fox, Chief of the Policy and Facilities Branch, Telecommunications Division, International Bureau, at (202) 418-1460. Note: There is no need to include an Exhibit B if the applicant responded "No" to Questions 40 through 44. EXHIBIT C: DESIGNATED ENTITIES Pursuant to Sections 27.502(c), 1.2110(f)(ii) and (iii) of the Commission's Rules, 47 C.F.R. §§ 27.502(c), 1.2110(f)(ii), (iii), small businesses and very small businesses are eligible for bidding credits of fifteen percent (15%) and twenty-five percent (25%), respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Sections 27.502(a)(1) and (2) of the Commission's Rules, 47 C.F.R.
• http://wireless.fcc.gov/auctions/38/releases/da002571.doc http://wireless.fcc.gov/auctions/38/releases/da002571.pdf http://wireless.fcc.gov/auctions/38/releases/da002571.txt
  • Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz Second Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for Guard Band licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 interest holders, and affiliates of the applicant and its controlling interest holders. The Commission does not impose specific equity requirements on controlling interest holders. Once principals or entities with a controlling interest are determined,
• http://wireless.fcc.gov/auctions/80/releases/da001226.doc http://wireless.fcc.gov/auctions/80/releases/da001226.pdf http://wireless.fcc.gov/auctions/80/releases/da001226.txt
  • for 700 MHz band licenses (``very small business''). Bidding credits are not cumulative: qualifying applicants receive either the 15 percent or the 25 percent bidding credit, but not both. Bidding Credits Applicants that qualify under the definitions of small business and very small business (or consortia of small or very small businesses) as are set forth in 47 C.F.R. § 27.502, are eligible for a bidding credit that represents the amount by which a bidder's winning bids are discounted. The size of a 700 MHz band bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: A bidder with average gross revenues of not more than $40 million for
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=33
  • band is presently available. New geographic area licensees operating on this spectrum must comply with the co-channel and adjacent channel protection provisions of Section 90.545 of the Commission's Rules. See 47 C.F.R. sectioon 90.545. Bidding Credits Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as set forth in 47 C.F.R. 27.502. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: * A bidder with average gross revenues of not more than $40 million for the preceding three years receives a
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=38
  • users, the number of users that are affiliates, amount of spectrum being used by each, nature of use, term of user agreements, etc. Guard Band Managers must file these reports on-line at Manager Reports. Bidding Credits Bidding credits are available to small and very small businesses (or consortia of small or very small businesses) as set forth in 47 C.F.R. 27.502. A bidding credit represents the amount by which a bidder's winning bids are discounted. The size of the bidding credit depends on the average gross revenues for the preceding three years of the bidder and its controlling interests and affiliates: * A bidder with average gross revenues of not more than $40 million for the preceding three years receives a
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • groups and/or women, and rural telephone companies.76 This section also provides the eligibility criteria for small businesses, defines terms specific to designated entities, and addresses bidding credits and other financial incentives available to certain designated entities. The following service-specific rules, which are redundant with certain portions of section 1.2110 of the Commission's rules,77 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).78 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,79 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); 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).80 We modify the following service-specific
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • promote diversity of license ownership and summarizing major findings of market barrier studies). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Memorandum Opinion and Order, 9 FCC Rcd 7245, 7269 ¶ 145 (1994). See Part 1 Third Report and Order, 13 FCC Rcd at 388, ¶ 18. See 47 C.F.R. § 27.502(a)(1)-(2); see also Upper 700 MHz First Report and Order, 15 FCC Rcd at 529-31, ¶¶ 131-36. These definitions are consistent with the Commission's approach in the broadband PCS services. See 47 C.F.R. § 24.720(b). In particular, five of the nine winning bidders in Auction Nos. 33 and 38 (or just over 55%) claimed eligibility for bidding credits. Additional information on
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • impairment of service. Subpart D -- Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands Sec. 27.201 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. * * * * * Subpart F -- Competitive Bidding Procedures for the 747-762 MHz and 777-792 MHz Bands Sec. 27.501 747-762 MHz and 777-792 MHz bands subject to competitive bidding. 27.502 Designated entities. 4. Section 27.1 is amended in paragraph (a) by deleting the phrase ``for the Wireless Communications Service (WCS)'' and substituting the phrase ``for miscellaneous wireless communications services (WCS)'' in lieu thereof, and by revising paragraph (b) to read as follows: § 27.1 Basis and purpose. * * * * * (b) Purpose. This part states the conditions under
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000292.doc
  • strategies. Small Business Bidding Credits (Form 175 Exhibit C) In the 700 MHz First Report & Order, the Commission adopted small business provisions to promote and facilitate the participation of small businesses in competitive bidding for licenses in the 700 MHz band. Eligibility Bidding credits are available to small businesses and very small businesses as defined in 47 C.F.R Section 27.502(a). 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 affiliates of the applicant and its controlling interests. The Commission does not impose specific equity requirements on controlling interests. Once principals or entities with a controlling interest are determined, only the revenues