FCC Web Documents citing 80.1252

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

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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 80.1252(b), 1.2110(f)(2)(i) and (ii) of the Commission's Rules, 47 C.F.R. �� 80.1252(b), 1.2110(f)(2)(i) and (ii), small businesses and very small businesses are eligible for bidding credits of twenty-five percent (25%) and thirty-five percent (35%), respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Sections 80.1252(b)(2) of the Commission's Rules, 47 C.F.R. �
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  • Competitive Bidding Procedures, WT Docket No. 97-82, Order on Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed Rule Making, 15 FCC Rcd 15293, 15324 (2000) � 59 & n.194 (citing 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS)). See 47 C.F.R. �� 1.2104(g), 1.2109(b). See 47 C.F.R. �� 1.2109(b), 1.2104(g). The default payment amount, in the event a bidding credit applies, is calculated on the difference between the net bid amounts or the gross bid amounts, whichever is less. See 47 C.F.R. �� 1.2109(b), 1.2104(g)(2). See id. See 47 C.F.R. �
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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 � 80.1252(b)(1)(2) and (5) for VHF Public Coast, and 47 C.F.R. � 90.1103(b)(1)(2) for LMS. 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 annual gross revenues for the preceding three years of the bidder, together with its affiliates and controlling interests of the bidder and its
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  • Other Procedural Issues,'' Public Notice, 16 FCC Rcd 6986, 6997 (2001) (``Auction No. 39 Procedures Public Notice''). PCS Partners' Short-Form Application, Exhibit C. A bidder with average annual gross revenues of not more than $3 million for the preceding three years receives a 35 percent discount on its winning bids for VHF Public Coast and LMS licenses. 47 C.F.R. �� 80.1252(b)(2), 90.1103(b)(2). Id. ``Auction of Licenses for VHF Public Coast and Location and Monitoring Service Spectrum: Status of FCC Form 175 Applications to Participate in the Auction,'' Public Notice, FCC Rcd 9529 (2001) (``Auction No. 39 Status Public Notice''). Auction No. 39 Status Public Notice, Attachment A. Auction No. 39 Qualified Bidders Public Notice, Attachment A. Auction No. 39 Closing Public
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  • 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 or in part because they conflict or are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • 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 or in part because they conflict or are
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  • Second Memorandum Opinion and Order and Fifth Report and Order, 17 FCC Rcd 6685 (2002). Amendment of Parts 13 and 80 of the Commission's Rules Concerning Maritime Communications, WT Docket No. 00-48, Report and Order and Further Notice of Proposed Rulemaking, 17 FCC Rcd 6741, 5943 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 80.1251 and 80.1252). API Comments at 16. 47 C.F.R. � 80.13(c). API Comments at 16-17, citing 47 C.F.R. �� 80.373(f), 80.871(d). API Comments at 17, citing 47 C.F.R. � 80.1123. LMS Wireless Reply Comments at 10. Id. at 10-11. See Globe Wireless Ex Parte Comments. We note that Globe did not file these comments until November 8, 2002, after the comment period had
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • Second Memorandum Opinion and Order and Fifth Report and Order, 17 FCC Rcd 6685 (2002). Amendment of Parts 13 and 80 of the Commission's Rules Concerning Maritime Communications, WT Docket No. 00-48, Report and Order and Further Notice of Proposed Rulemaking, 17 FCC Rcd 6741, 5943 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 80.1251 and 80.1252). API Comments at 16. 47 C.F.R. � 80.13(c). API Comments at 16-17, citing 47 C.F.R. �� 80.373(f), 80.871(d). API Comments at 17, citing 47 C.F.R. � 80.1123. LMS Wireless Reply Comments at 10. Id. at 10-11. See Globe Wireless Ex Parte Comments. We note that Globe did not file these comments until November 8, 2002, after the comment period had
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  • or entities, and the applicant and its affiliates, will be counted in determining small business eligibility. A consortium of small businesses or very small businesses is a ``conglomerate organization formed as a joint venture between or among mutually independent business firms,'' each of which individually must satisfy one of the definitions of small business or very small business in Section 80.1252. 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 or very small business credits, this information must be provided to ensure
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  • of 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) 418-1527. 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. Section 80.1252 of the Commission's Rules establishes the following designated entities as eligible for small business provisions: a very small business, a small business, a consortium of very small businesses, and a consortium of small businesses in the AMTS auction (Auction No. 57). See 47 C.F.R. � 80.1252. Very Small Businesses under Section 80.1252(b)(2): A very small business is an entity that,
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  • entities, and the applicant and its affiliates will be counted in determining small business eligibility. A consortium of small businesses or very small businesses is a ``conglomerate organization formed as a joint venture between or among mutually independent business firms,'' each of which individually must satisfy one of the definitions of small business or very small business in Sections 1.2110(f), 80.1252. 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 or very small business, this information must be provided to ensure that
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  • the Attachments page. Although this information is pre-filled from the FCC Form 175, applicants should confirm that the designated entity information is correct. In determining whether the designated entity information is correct please refer to the guidelines below. 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 80.1252 of the Commission's Rules establishes the following categories of designated entities as eligible for bidding credits: small businesses, very small businesses, a consortia of small businesses, or very small businesses in the AMTS Auction (Auction No. 61). See 47 C.F.R. � 80.1252. Small Businesses: A small business is an entity that, together with its affiliates and controlling interests, has had
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  • Auction No. 61, and is therefore entitled only to a bidding credit of 25 percent. For the aforementioned reasons, IT IS ORDERED that application FCC File No. 0002303355, filed on September 7, 2005, as amended August 21, 2006, SHALL BE PROCESSED consistent with this Order and the Commission's Rules. IT IS FURTHER ORDERED that, pursuant to Sections 1.2109, 1.2110 and 80.1252 of the Commission's Rules, 47 C.F.R. �� 1.2109, 1.2110, 80.1252, Maritime Communications/Land Mobile, LLC must submit a payment to cover the difference between the total payments Maritime Communications/Land Mobile, LLC has submitted to the Commission, which equal the net winning bid amount as calculated with a very small business bidding credit, and the net winning bid amount as calculated with
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  • available and licensed for stations in the maritime services. Subpart Y sets forth the rules governing the use of competitive bidding to resolve mutually exclusive VHF Public Coast Service Area (VPCSA) and automated maritime telecommunications system (AMTS) 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 80.1252 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, 303, 307, 309, and 332. Section Number and Title: 80.1251 Maritime communications [services] subject to competitive bidding. 80.1252 Designated entities. PART 90-PRIVATE LAND MOBILE RADIO SERVICES SUBPART J-NON-VOICE AND OTHER
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  • Id. at 477, � 185. Id. at 477-478, � 185. Id. at 478, � 186. See 47 C.F.R. � 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. � 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz service); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, � 9, (1994) ("Ellis Thompson"), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of policy decisions; (4) personnel responsibilities; (5) control of financial obligations;
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  • see 47 C.F.R. � 80.361(a)(1). Second Report and Order, 12 FCC Rcd at 16974. See supra, � 26. See 47 C.F.R. � 1.948. 47 C.F.R. � 80.49(a)(2) (as amended herein). See supra, � 55. See 220 MHz Fifth Report and Order, 13 FCC Rcd at 24629. Third Report and Order, 13 FCC Rcd at 19884; see 47 C.F.R. �� 80.1251, 80.1252(a). Third Report and Order, 13 FCC Rcd at 19884-88. Id. at 19885; see also Amendment of Part 1 of the Commission's Rules - Competitive Bidding, WT Docket No. 97-82, Third Report and Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 388 (1997). Third Report and Order, 13 FCC Rcd at 19884; see 47 C.F.R. �
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  • to winning bidders based solely on size. This is consistent with the approach to bidding credits taken in other post-Adarand auctions. See, e.g., 47 C.F.R. � 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. � 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. � 90.1017 (Phase II 220 MHz Service); 47 C.F.R. � 90.1103 (Location Monitoring Service); 47 C.F.R. � 80.1252 (VHF Public Coast Service); 47 C.F.R. �� 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. � 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. � 27.209 (WCS). 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. First PFR at 5-10 (citing Hunt v. Cromartie, 526 U.S. 541 (1999) (``a law that is facially neutral with respect to
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  • Guard Comments at 5. The Coast Guard opposes secondary, non-maritime uses of this spectrum. Id. Third Further Notice, 15 FCC Rcd at 22619 � 72. Id. at 22619-20 � 73. Id. at 22620 � 74. Id. at 22619-20 � 73. 47 C.F.R. � 80.49(a)(2). Third Report and Order, 13 FCC Rcd at 19884 � 64; see 47 C.F.R. �� 80.1251, 80.1252(a). Third Report and Order, 13 FCC Rcd at 19884-88 �� 65-73. Id. at 19884 � 65; see 47 C.F.R. � 80.1252(b). Third Report and Order, 13 FCC Rcd at 19888 � 72; see 47 C.F.R. � 80.1252(d). Third Further Notice, 15 FCC Rcd at 22620-21 � 75. See 47 U.S.C. � 309(j). See 47 C.F.R. Section 1.2101 et. seq. (Subpart
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  • Guard Comments at 5. The Coast Guard opposes secondary, non-maritime uses of this spectrum. Id. Third Further Notice, 15 FCC Rcd at 22619 � 72. Id. at 22619-20 � 73. Id. at 22620 � 74. Id. at 22619-20 � 73. 47 C.F.R. � 80.49(a)(2). Third Report and Order, 13 FCC Rcd at 19884 � 64; see 47 C.F.R. �� 80.1251, 80.1252(a). Third Report and Order, 13 FCC Rcd at 19884-88 �� 65-73. Id. at 19884 � 65; see 47 C.F.R. � 80.1252(b). Third Report and Order, 13 FCC Rcd at 19888 � 72; see 47 C.F.R. � 80.1252(d). Third Further Notice, 15 FCC Rcd at 22620-21 � 75. See 47 U.S.C. � 309(j). See 47 C.F.R. Section 1.2101 et. seq. (Subpart
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  • 73.5009 by revising paragraph (b) to read as follows: � 73.5009 Assignment or transfer of control. * * * * * (b) The ownership disclosure requirements found at � 1.2112(a) of this chapter shall not apply to an applicant seeking consent to assign or transfer control of a broadcast construction permit or license awarded by competitive bidding. 36. Amend � 80.1252 by removing paragraph (b)(3) and revising paragraphs (a) and (c) to read as follows: � 80.1252 Designated entities. (a) This section addresses certain issues concerning designated entities in maritime communications services subject to competitive bidding. * * * * * (c) A winning bidder that qualifies as a small business, as defined in � 80.1252(b)(1), or consortium of small businesses
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  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517212. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
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  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517212. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
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  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
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  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
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  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, para. 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-197A1.txt
  • Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). See 47 C.F.R. � 80.1252. 0 1 E - - � � . E a - - � F F F F F , � � (c) jR F tm � F F F F F F D � � � 2 3 � � � � � � � � � � � � � � � � � � -90.55. See 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-51A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-51A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-51A1.txt
  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-59A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-59A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-59A1.txt
  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. See 47 C.F.R. Part 101, Subparts C and I. See 47 C.F.R. Part 101, Subparts C and H. Auxiliary Microwave Service is governed by Part 74 of Title 47 of the Commission's Rules. See 47 C.F.R. Part 74. Available to licensees of broadcast stations and to broadcast and cable network entities, broadcast auxiliary microwave stations are used for relaying broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-59A1_Rcd.pdf
  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures," Public Notice, 19 FCC Rcd 9518 (WTB 2004); "Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61," Public Notice, 20 FCC Rcd 7811 (WTB 2005). 11147 C.F.R. � 80.1252. 112See 47 C.F.R. Part 101, Subparts C and I. 113See 47 C.F.R. Part 101, Subparts C and H. 114Auxiliary Microwave Service is governed by Part 74 of Title 47 of the Commission's Rules. See47 C.F.R. Part 74. Available to licensees of broadcast stations and to broadcast and cable network entities, broadcast auxiliary microwave stations are used for relaying broadcast television
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-114A1.txt
  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-68A1.txt
  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-48A1.txt
  • and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures,'' Public Notice, 19 FCC Rcd 9518 (WTB 2004); ``Auction of Automated Maritime Telecommunications System Licenses Scheduled for August 3, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Auction Procedures for Auction No. 61,'' Public Notice, 20 FCC Rcd 7811 (WTB 2005). 47 C.F.R. � 80.1252. This service is governed by Subpart I of Part 22 of the Commission's Rules. See 47 C.F.R. �� 22.1001-22.1037. 13 C.F.R. � 121.201, NAICS code 517210. Id. See Amendment of the Commission's Rules Regarding Multiple Address Systems, Report and Order, 15 FCC Rcd 11956, 12008, � 123 (2000). Id. See Alvarez Letter 1999. See ``Multiple Address Systems Spectrum Auction Closes,''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-415A1_Erratum.doc
  • Part 1 Third Report and Order, 13 FCC Rcd at 374. See 218-219 MHz Report and Order, 64 Fed. Reg. 59656 at � 118. 47 C.F.R. � 1.2110(e)(2). Letter from Aida Alvarez, Administrator, Small Business Administration to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (June 4, 1999). Notice, 12 FCC Rcd at 8000. See 47 C.F.R. � 80.1252 (making the same provision for designated entities in the maritime communications services). See generally Part 1 Third Report and Order, 13 FCC Rcd at 476-78. See Part 1 Third Report and Order, 13 FCC Rcd at 403-04; see also 47 C.F.R. � 1.2110(e). We reject GTECH's proposal that if we place private and commercial applicants in the same bidding pool,
• 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
  • FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). 158 Implementation of Section 309(j) of the Communications Act � Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). 159 Sections 27.210(b)(1), 27.210(b)(2), and 101.1209(b)(1)(i) of the Commission's Rules, 47 C.F.R. �� 27.210(b)(1), 27.210(b)(2), 101.1209(b)(1)(i). 160 See, e.g., Section 80.1252 of the Commission's Rules, 47 C.F.R. � 80.1252 (designated entities in the coast station service). Section 1.2110(b) of the Commission's Rules, 47 C.F.R. � 1.2110(b), describes affiliate and controlling interest relationships in the designated entity context generally. PAGE 41 b.Small Business Definitions 85. In the Competitive Bidding Second Memorandum Opinion and Order, the Commission stated that it would define eligibility
• http://wireless.fcc.gov/auctions/00a/releases/fc020130.pdf http://wireless.fcc.gov/auctions/00a/releases/fc020130.txt
  • to winning bidders based solely on size. This is consistent with the approach to bidding credits taken in other post-Adarand auctions. See, e.g., 47 C.F.R. � 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. � 90.810 (900 MHz Specialized Mobile Radio); 47 C.F.R. � 90.1017 (Phase II 220 MHz Service); 47 C.F.R. � 90.1103 (Location Monitoring Service); 47 C.F.R. � 80.1252 (VHF Public Coast Service); 47 C.F.R. �� 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. � 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. � 27.209 (WCS). 29 218-219 MHz Order, 15 FCC Rcd at 1532 n. 198. 30 First PFR at 5-10 (citing Hunt v. Cromartie, 526 U.S. 541 (1999) ("a law that is facially neutral with
• 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
  • of minority credits with small business credits will not 205 result in the increase of any auction winner's debt. See, e.g., 47 C.F.R. � 90.910 (800 MHz Specialized Mobile Radio); 47 C.F.R. � 90.810 (900 MHz 206 Specialized Mobile Radio); 47 C.F.R. � 90.1017 (Phase II 220 MHz Service); 47 C.F.R. � 90.1103 (Location and Monitoring Service); 47 C.F.R. � 80.1252 (VHF Public Coast Service); 47 C.F.R. �� 24.712, 24.717 (C, D, E and F Broadband PCS); 47 C.F.R. � 101.1107 (Local Multipoint Distribution Service); 47 C.F.R. � 27.209 (WCS). 35 means to encourage minority and female participation in telecommunications ownership, we will provide a remedy responsive to commenters and the issues raised in the Graceba Emergency Petition and the Remand
• 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
  • which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to- day operations; (3) control of policy decisions; (4) personnel responsibilities; (5) control of financial obligations; and (6) receipt of monies and profits; Intermountain Microwave, 24 Rad. Reg. (P & F) 983 (1963). See 47 C.F.R. �� 80.1252 and 1.2105. 8 entity's voting stock. De facto control is determined on a case-by-case basis. The following are 10 some common indicia of control: # the entity constitutes or appoints more than 50 percent of the board of directors or management committee; # the entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities
• http://wireless.fcc.gov/auctions/20/releases/da982542.pdf http://wireless.fcc.gov/auctions/20/releases/da982542.txt http://wireless.fcc.gov/auctions/20/releases/da982542.wp
  • Rcd. 23,891, 23,935-42, 23,946, �� 97-118, 131 (1997). Note: There is no need to include an Exhibit B stating that the applicant responded "no" to Questions 41 through 45. Electronic filers should select Attachment Type 'Ownership' and enter "Exhibit B: Foreign Ownership" in the File Description field on the Attachment screen. EXHIBIT C: DESIGNATED ENTITIES Pursuant to 47 C.F.R. � 80.1252, small businesses and very small businesses are eligible for bidding credits of twenty-five percent and thirty-five percent, respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in 47 C.F.R. � 80.1252(b). Applicants that are not claiming eligibility for bidding credits do not need to submit Exhibit C. We nonetheless note that we
• http://wireless.fcc.gov/auctions/20/releases/ef980151.pdf http://wireless.fcc.gov/auctions/20/releases/ef980151.txt http://wireless.fcc.gov/auctions/20/releases/ef980151.wp
  • is revised to conform to Federal Register requirements by renumbering paragraphs (1)(A) through (1)(C) as (1)(i) through (1)(iii), respectively, and paragraphs (4)(A) through (4)(D) as (4)(i) through (4)(iv), respectively; paragraphs (1)(ii) and (3) are revised to replace "paragraph (c)(1)(A)" with "paragraph (c)(1)(i)"; and paragraph (2) is revised to replace "paragraph (c)(1)(B)" with "paragraph (c)(1)(ii)." Federal Communications Commission 2 8. Section 80.1252(c) is revised to conform to Federal Register requirements by renumbering paragraphs (1)(A) through (1)(C) as (1)(i) through (1)(iii), respectively; paragraphs (2)(A) through (2)(I) as paragraphs (2)(i) through (2)(ix), respectively; paragraphs (2)(H)(i) through (2)(H)(iii) as (2)(viii)(A) through (2)(viii)(C), respectively; and paragraphs (2)(I)(i) through (2)(I)(iii) as paragraphs (2)(ix)(A) through (2)(ix)(C), respectively. FEDERAL COMMUNICATIONS COMMISSION Daniel B. Phythyon Chief, Wireless Telecommunications Bureau
• 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
  • signal level contour shall be calculated using the F(50, 10) field strength chart for Channels 7-13 in � 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential. 15. New subpart Y is added to read as follows: Subpart Y -- Competitive Bidding Procedures � 80.1251 Maritime communications services subject to competitive bidding. � 80.1252 Designated entities. � 80.1251 Maritime communications services subject to competitive bidding. Mutually exclusive initial applications for VPC licenses, high seas public coast station licenses, and AMTS coast station licenses are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part. � 80.1252 Designated entities. (a)
• http://wireless.fcc.gov/auctions/39/releases/d011443f1.doc http://wireless.fcc.gov/auctions/39/releases/d011443f1.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 80.1252(b), 1.2110(f)(2)(i) and (ii) of the Commission's Rules, 47 C.F.R. �� 80.1252(b), 1.2110(f)(2)(i) and (ii), small businesses and very small businesses are eligible for bidding credits of twenty-five percent (25%) and thirty-five percent (35%), respectively, to lower the cost of their winning bids. Small businesses and very small businesses are defined in Sections 80.1252(b)(2) of the Commission's Rules, 47 C.F.R. �
• 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
  • 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 � 80.1252(b)(1)(2) and (5) for VHF Public Coast, and 47 C.F.R. � 90.1103(b)(1)(2) for LMS. 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 annual gross revenues for the preceding three years of the bidder, together with its affiliates and controlling interests of the bidder and its
• 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
  • Part 1 Third Report and Order, 13 FCC Rcd at 374. See 218-219 MHz Report and Order, 64 Fed. Reg. 59656 at � 118. 47 C.F.R. � 1.2110(e)(2). Letter from Aida Alvarez, Administrator, Small Business Administration to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (June 4, 1999). Notice, 12 FCC Rcd at 8000. See 47 C.F.R. � 80.1252 (making the same provision for designated entities in the maritime communications services). See generally Part 1 Third Report and Order, 13 FCC Rcd at 476-78. See Part 1 Third Report and Order, 13 FCC Rcd at 403-04; see also 47 C.F.R. � 1.2110(e). We reject GTECH's proposal that if we place private and commercial applicants in the same bidding pool,
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=39
  • in operation a sufficient number of base stations utilizing multilateration technology to provide multilateration location and monitoring service to one-third of the license areas population within five years of initial license grant and two-thirds of the population within 10 years. Bidding Credits Bidding credits are available to small and very small businesses, or consortia thereof, as defined in 47 C.F.R. 80.1252(b)(1)(2) and (5) for VHF Public Coast and 47 C.F.R. 90.1103(b)(1)(2) for LMS. 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=57
  • compliance with applicable Commission rules, policies, and the Communications Act. (See Third Report and Order, 13 FCC Rcd at 19871 33). Each AMTS geographic area licensee must provide "substantial service" within ten years, i.e., at the time of license renewal. Bidding Credits Bidding credits are available to small or very small businesses or consortia thereof, as defined in 47 C.F.R. 80.1252. A bidding credit is a payment discount on a winning bid determined at the conclusion of the bidding process. The size of the 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
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=61
  • compliance with applicable Commission rules, policies, and the Communications Act. (See Third Report and Order, 13 FCC Rcd at 19871 33). Each AMTS geographic area licensee must provide substantial service within ten years, i.e., at the time of license renewal. Bidding Credit Bidding credits are available to small or very small businesses or consortia thereof, as defined in 47 C.F.R. 80.1252. A bidding credit is a payment discount on a winning bid determined at the conclusion of the bidding process. The size of the 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
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 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 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
• 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
  • Id. at 477, � 185. Id. at 477-478, � 185. Id. at 478, � 186. See 47 C.F.R. � 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. � 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz service); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, � 9, (1994) ("Ellis Thompson"), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of policy decisions; (4) personnel responsibilities; (5) control of financial obligations;
• 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
  • FCC Rcd 7245, 7269 (para. 145) (1994) (Competitive Bidding Second Memorandum Opinion and Order). 158 Implementation of Section 309(j) of the Communications Act � Competitive Bidding, PP Docket No. 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403 (1994). 159 Sections 27.210(b)(1), 27.210(b)(2), and 101.1209(b)(1)(i) of the Commission's Rules, 47 C.F.R. �� 27.210(b)(1), 27.210(b)(2), 101.1209(b)(1)(i). 160 See, e.g., Section 80.1252 of the Commission's Rules, 47 C.F.R. � 80.1252 (designated entities in the coast station service). Section 1.2110(b) of the Commission's Rules, 47 C.F.R. � 1.2110(b), describes affiliate and controlling interest relationships in the designated entity context generally. PAGE 41 b.Small Business Definitions 85. In the Competitive Bidding Second Memorandum Opinion and Order, the Commission stated that it would define eligibility
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • Id. at 477, � 185. Id. at 477-478, � 185. Id. at 478, � 186. See 47 C.F.R. � 1.2110(c)(5) as redesignated herein. See, e.g., 47 C.F.R. � 24.709(b)(5) and (6). See also NextWave Comments at 2-4. See 47 C.F.R. � 101.1112 (LMDS); 47 C.F.R. � 90.912 (800 MHz SMR); 47 C.F.R. � 90.1021 (220 MHz service); 47 C.F.R. � 80.1252(c) (Public Coast); 47 C.F.R. � 90.1103(c) (LMS). See Ellis Thompson Corporation, 9 FCC Rcd 7138, 7138-7139, � 9, (1994) ("Ellis Thompson"), in which the Commission identified the following factors used to determine control of a business: (1) use of facilities and equipment; (2) control of day-to-day operations; (3) control of policy decisions; (4) personnel responsibilities; (5) control of financial obligations;
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc99415.doc
  • Part 1 Third Report and Order, 13 FCC Rcd at 374. See 218-219 MHz Report and Order, 64 Fed. Reg. 59656 at � 118. 47 C.F.R. � 1.2110(e)(2). Letter from Aida Alvarez, Administrator, Small Business Administration to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, Federal Communications Commission (June 4, 1999). Notice, 12 FCC Rcd at 8000. See 47 C.F.R. � 80.1252 (making the same provision for designated entities in the maritime communications services). See generally Part 1 Third Report and Order, 13 FCC Rcd at 476-78. See Part 1 Third Report and Order, 13 FCC Rcd at 403-04; see also 47 C.F.R. � 1.2110(e). We reject GTECH's proposal that if we place private and commercial applicants in the same bidding pool,