FCC Web Documents citing 90.1021

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-156A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-156A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-156A1.txt
  • the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau þÿÿÿ
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1833A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1833A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1833A1.txt
  • Part 1 of the Commission's Rules 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).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2315A1.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 business, or consortia, thereof, as defined in 47 C.F.R. § 90.1021 for Phase II 220 MHz, 47 C.F.R. § 90.912 for 800 MHz SMR, and 47 C.F.R. § 90.1103 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 of the aggregated annual gross revenues for each of the preceding three years of the bidder,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-157A6.txt
  • the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Sections 90.910(a), 90.1017(a) of the Commission's Rules establishes that small and very small businesses, along with consortia of small and very small businesses, will be eligible for designated entity status in 800 MHz SMR, and 220 MHz auctions. See 47 C.F.R. §§ 90.910(a), 90.1017(a). Small Businesses under Sections 90.912(b)(1), 90.1021(b)(1): 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 for the preceding three years. See 47 C.F.R. §§ 1.2110(f)(2)(ii), 90.912(b)(1). Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§ 1.2110(f)(2)(ii),
• 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
  • 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 redundant with section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • 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 redundant with section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • Channels, WT Docket No. 02-55, Notice of Proposed Rulemaking, 17 FCC Rcd 4873, modified by erratum, 17 FCC Rcd 7169 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 90.705 (220-222 MHz SMR service); 90.901-90.903, 90.905-90.910, and 90.912-90.913 (800 MHz SMR); 90.801-90.803, 90.805-90.807, 90.809-90.810, 90.812-90.815 (900 MHz SMR); 90.1001, 90.1003, 90.1005, 90.1007, 90.1009, 90.1011, 90.1013, 90.1015, 90.1017, 90.1021, 90.1023, and 90.1025 (220 MHz Radio Service); and 90.1101 and 90.1103 (Location and Monitoring Service)). Amendments to Parts 1, 2, 27 and 90 of Commission's Rules to License Services in 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz and 2385-2390 MHz Government Transfer Bands, Report and Order, 17 FCC Rcd 9980 (2002). 47 C.F.R. Part 90,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • Channels, WT Docket No. 02-55, Notice of Proposed Rulemaking, 17 FCC Rcd 4873, modified by erratum, 17 FCC Rcd 7169 (2002). See Competitive Bidding Conforming Edits Order, supra (modifying or eliminating sections 90.705 (220-222 MHz SMR service); 90.901-90.903, 90.905-90.910, and 90.912-90.913 (800 MHz SMR); 90.801-90.803, 90.805-90.807, 90.809-90.810, 90.812-90.815 (900 MHz SMR); 90.1001, 90.1003, 90.1005, 90.1007, 90.1009, 90.1011, 90.1013, 90.1015, 90.1017, 90.1021, 90.1023, and 90.1025 (220 MHz Radio Service); and 90.1101 and 90.1103 (Location and Monitoring Service)). Amendments to Parts 1, 2, 27 and 90 of Commission's Rules to License Services in 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz and 2385-2390 MHz Government Transfer Bands, Report and Order, 17 FCC Rcd 9980 (2002). 47 C.F.R. Part 90,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2846A5.txt
  • Businesses under Section 1.2110(f)(2)(i): A very small business is an entity that, together with its affiliates and controlling interests, has had average annual gross revenues not exceeding $3 million for the preceding three years. Very small businesses are eligible for bidding credits of thirty-five percent (35%) to lower the cost of their winning bids. See 47 C.F.R. §§ 1.2110(f)(2)(i), 90.1017, 90.1021(b)(2). Small Businesses under Section 1.2110(f)(2)(ii): A small business is an entity that, together with its affiliates and controlling interests, has had average gross revenues that exceed $3 million but do not exceed $15 million for the preceding three years. Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-514A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-514A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-514A1.txt
  • 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. §§ 90.912, 90.1021, and 90.1103. 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
• 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
  • may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. Subpart W sets forth the rules governing the use of competitive bidding to resolve mutually exclusive 220 MHz 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. 90.1017, 90.1021 and 90.1023 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, 161, 303, 309, and 332. Section Number and Title: 90.1001 220 MHz service subject to competitive bidding. 90.1017 Bidding credits for small businesses and very small businesses. 90.1019
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-274A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-274A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-274A1.txt
  • 13 FCC Rcd at 477, ¶ 183. 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)
• 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
  • shall maintain such files for the term of the license. (b) Definitions. The terms small and very small business used in this section are defined in § 90.912. 45. Revise § 90.1017 to read as follows: § 90.1017 Bidding credits for small businesses and very small businesses. A winning bidder that qualifies as a small business, as defined in § 90.1021(b)(1), or a consortium of small businesses may use a bidding credit of 25 percent to lower the cost of its winning bid. A winning bidder that qualifies as a very small business, as defined in § 90.1021(b)(2), or a consortium of very small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
  • 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 of a business: (1) use of facilities and equipment; (2) control
• http://wireless.fcc.gov/auctions/18/releases/220_b.pdf
  • receives a 35 percent discount on its winning bids for Phase II 220 MHz Service licenses. Bidding credits are not cumulative: applicants that qualify receive either the 25 percent or the 35 percent bidding credit, but not both. The definitions of very small business and small business (including calculation of gross annual revenue) are set forth in 47 C.F.R. § 90.1021(b). Phase II 220 MHz Service bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their EA, EAG or Nationwide licenses to an entity not qualifying for the same levels of bidding credits. See 47 C.F.R. § 90.1017(b). Finally, Phase II 220 MHz Service bidders should also note
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • defaults on a payment due, or is disqualified, is subject to the payments specified in § 1.2104(g), § 1.2109, and § 90.1007 of this chapter, as applicable. Section 90.1017 Bidding Credits For Small Businesses and Very Small Businesses. (a) Bidding Credits. A winning bidder that qualifies as a small business or a consortium of small businesses as defined in Section 90.1021(b)(1) or Section 90.1021(b)(4) may use a bidding credit of 25 percent to lower the cost of its winning bid. A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in Section 90.1021(b)(2) or Section 90.1021(b)(4) may use a bidding credit of 35 percent to lower the cost of its winning bid.
• http://wireless.fcc.gov/auctions/18/releases/da981010.pdf http://wireless.fcc.gov/auctions/18/releases/da981010.txt http://wireless.fcc.gov/auctions/18/releases/da981010.wp
  • receives a 35 percent discount on its winning bids for Phase II 220 MHz Service licenses. Bidding credits are not cumulative: applicants that qualify receive either the 25 percent or the 35 percent bidding credit, but not both. The definitions of very small business and small business (including calculation of gross annual revenue) are set forth in 47 C.F.R. § 90.1021(b). Phase II 220 MHz Service bidders should note that unjust enrichment provisions apply to winning bidders that use bidding credits and subsequently assign or transfer control of their EA, EAG or Nationwide licenses to an entity not qualifying for the same levels of bidding credits. See 47 C.F.R. § 90.1017(b). Finally, Phase II 220 MHz Service bidders should also note
• http://wireless.fcc.gov/auctions/18/releases/da981680.pdf http://wireless.fcc.gov/auctions/18/releases/da981680.txt http://wireless.fcc.gov/auctions/18/releases/da981680.wp
  • the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit C may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the 220 MHz auction as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/18/releases/da981688.pdf http://wireless.fcc.gov/auctions/18/releases/da981688.txt http://wireless.fcc.gov/auctions/18/releases/da981688.wp
  • large corporations / other bidders and that the information relates to business plans, market tactics, and other related proprietary information about the business strategies of Mobex are conclusory, and do not justify withholding from inspection materials that bear upon your qualifications to participate in the 220 MHz auction. Page Two John Reardon August 24, 1998 See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/18/releases/da982143.pdf http://wireless.fcc.gov/auctions/18/releases/da982143.txt http://wireless.fcc.gov/auctions/18/releases/da982143.wp
  • required to be disclosed pursuant to 47 C.F.R. § 1.2112(a)(1) and (3). For each FCC-regulated business, include a description of their principal business and their relationship to applicant. To comply with 47 C.F.R. § 1.2112(a)(5), an 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. § 90.1021(d). To the extent that such entities are not included in Parts 1 and 2 of Exhibit A, they should be identified and included in Part 3. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit A: Ownership" in the File Description field on the Attachment screen. EXHIBIT B: FOREIGN OWNERSHIP If the applicant has responded "yes" to either Question
• http://wireless.fcc.gov/auctions/18/releases/da982397.pdf http://wireless.fcc.gov/auctions/18/releases/da982397.txt http://wireless.fcc.gov/auctions/18/releases/da982397.wp
  • that Rush was the winning bidder 3 in this auction for the E Block in the following Economic Areas (EAs): BEA053, Pittsburgh, PA-WV; BEA067, Indianapolis, IN-IL; BEA099, Kansas City, MO-KS; BEA124, Tulsa, OK-KS; BEA125, Federal Communications Commission DA 98-2397 Id., Attachment A. 4 47 C.F.R. §§ 90.1011, 90.1013; see also 47 C.F.R. § 1.2107. 5 Pursuant to sections 90.1017(a) and 90.1021(b)(2) the Commission's Rules, Rush qualifies as a "very small 6 business" and is entitled to a 35 percent bidding credit. See 47 C.F.R. §§ 90.1017(a), 90.1021(b)(2). Rush's total gross winning bid amount, excluding the 35 percent bidding credit, was $99,900. With the 35 percent bidding credit, Rush's total net winning bid amount was $64,935. See Phase II 220 MHz Public
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • and disqualification payments. § 90.1009 Bidding application (FCC Form 175 and 175-S Short-form). § 90.1011 Submission of upfront payments and down payments. § 90.1013 Long-form application (FCC Form 600). § 90.1015 License grant, denial, default, and disqualification. § 90.1017 Bidding credits, down payments, and installment payments for small businesses and very small businesses. § 90.1019 Eligibility for partitioned licenses. § 90.1021 Definitions concerning competitive bidding process. § 90.1023 Certifications, disclosures, records maintenance and audits. § 90.1025 Petitions to deny and limitations on settlements. SUBPART W -- COMPETITIVE BIDDING PROCEDURES FOR THE 220 MHz SERVICE § 90.1001 220 MHz service subject to competitive bidding. Mutually exclusive initial applications for 220 MHz geographic area licenses are subject to competitive bidding procedures. The procedures
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • mechanism. § 90.1007 Withdrawal, default and disqualification payments. § 90.1009 Bidding application (FCC Form 175 and 175-S short-form). § 90.1011 Submission of upfront payments and down payments. § 90.1013 Long-form application (FCC Form 601). § 90.1015 License grant, denial, default and disqualification. § 90.1017 Bidding credits for small businesses and very small businesses. § 90.1019 Eligibility for partitioned licenses. § 90.1021 Definitions concerning competitive bidding process. § 90.1023 Certifications, disclosures, records maintenance and audits. § 90.1025 Petitions to deny and limitations on settlements. 10. Section 90.1011 is revised to read as follows: Federal Communications Commission FCC 98-93 Section 90.1011 Submission of Upfront Payments and Down Payments. (a) The Commission will require applicants to submit an upfront payment prior to the start
• http://wireless.fcc.gov/auctions/18/releases/fc980186.pdf http://wireless.fcc.gov/auctions/18/releases/fc980186.txt http://wireless.fcc.gov/auctions/18/releases/fc980186.wp
  • as entities that, together with affiliates and controlling principals, have average 144 gross revenues that are not more than $15 million for the three preceding years. Very small businesses are defined as entities that, together with affiliates and controlling principals, have average gross revenues that are not more than $3 million for the three preceding years. See 47 C.F.R. § 90.1021(b). See also Third Report and Order at 11,068-70, ¶¶ 291-295. Id. at 11,088, ¶ 344. 145 Id. An applicant that qualifies as a small businesses would receive at 10 percent bidding credit; an applicant 146 that qualifies as a very small businesses would receive a 25 percent bidding credit. Third Report and Order, 12 FCC Rcd at 11,071-72 (¶ 298).
• http://wireless.fcc.gov/auctions/22/releases/da990360.pdf http://wireless.fcc.gov/auctions/22/releases/da990360.txt http://wireless.fcc.gov/auctions/22/releases/da990360.wp
  • the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit C may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Further, the information concerning Rose Mary S. Nettles' "personal wealth and cashflow," for which you seek confidential treatment does not appear to be required by our rules. See Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 421 (1994). Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division
• http://wireless.fcc.gov/auctions/22/releases/da990361.pdf http://wireless.fcc.gov/auctions/22/releases/da990361.txt http://wireless.fcc.gov/auctions/22/releases/da990361.wp
  • requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da990362.pdf http://wireless.fcc.gov/auctions/22/releases/da990362.txt http://wireless.fcc.gov/auctions/22/releases/da990362.wp
  • set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/22/releases/da990363.pdf http://wireless.fcc.gov/auctions/22/releases/da990363.txt http://wireless.fcc.gov/auctions/22/releases/da990363.wp
  • set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibits C and G may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicant's qualifications to participate in Auction No. 22 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Amy J. Zoslov Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau
• http://wireless.fcc.gov/auctions/24/releases/da990474.pdf http://wireless.fcc.gov/auctions/24/releases/da990474.txt http://wireless.fcc.gov/auctions/24/releases/da990474.wp
  • the licensee; or # the person/entity plays an integral role in management decisions. (2) Very Small or Small Business Consortia 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 satisfies the definition of small or very small business in Section 90.1021(b)(1) or (2). Thus, each consortium member must disclose its gross revenues along with those of its affiliates, controlling principals, and controlling principals' affiliates. We note that although the gross revenues of the consortium members will not be aggregated for purposes of determining eligibility See 47 C.F.R. § 1.2105. 21 11 for very small or small business credits, this information must
• http://wireless.fcc.gov/auctions/26/releases/da000156.doc http://wireless.fcc.gov/auctions/26/releases/da000156.pdf http://wireless.fcc.gov/auctions/26/releases/da000156.txt
  • the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau þÿÿÿ
• http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.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. D. Eligibility 1. Bidding Credit Eligibility (FCC Form 175 Exhibit C) Bidding credits are available to small and very small business, or consortia, thereof, as defined in 47 C.F.R. § 90.1021 for Phase II 220 MHz, 47 C.F.R. § 90.912 for 800 MHz SMR, and 47 C.F.R. § 90.1103 for LMS. A bidding credit represents the amount by which a bidder's winning bids are discounted.47 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,
• http://wireless.fcc.gov/auctions/43/releases/da020157.pdf http://wireless.fcc.gov/auctions/43/releases/da020157.txt
  • the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Sections 90.910(a), 90.1017(a) of the Commission's Rules establishes that small and very small businesses, along with consortia of small and very small businesses, will be eligible for designated entity status in 800 MHz SMR, and 220 MHz auctions. See 47 C.F.R. §§ 90.910(a), 90.1017(a). Small Businesses under Sections 90.912(b)(1), 90.1021(b)(1): 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 for the preceding three years. See 47 C.F.R. §§ 1.2110(f)(2)(ii), 90.912(b)(1). Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§ 1.2110(f)(2)(ii),
• http://wireless.fcc.gov/auctions/43/releases/da020157e.pdf http://wireless.fcc.gov/auctions/43/releases/da020157e.txt
  • the Commission's individual service rules. See 47 C.F.R. §§ 1.2110(f)(1), (2). Sections 90.910(a), 90.1017(a) of the Commission's Rules establishes that small and very small businesses, along with consortia of small and very small businesses, will be eligible for designated entity status in 800 MHz SMR, and 220 MHz auctions. See 47 C.F.R. §§ 90.910(a), 90.1017(a). Small Businesses under Sections 90.912(b)(1), 90.1021(b)(1): 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 for the preceding three years. See 47 C.F.R. §§ 1.2110(f)(2)(ii), 90.912(b)(1). Small businesses are eligible for bidding credits of twenty-five percent (25%) to lower the cost of their winning bids. See 47 C.F.R. §§ 1.2110(f)(2)(ii),
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=18
  • area. Bidding Credits A bidding credit acts as a discount on the winning bid amount that a bidder actually has to pay for the license. The size of the bidding credit depends on the annual gross revenues of the bidder, together with its affiliates and controlling interests, as averaged over the preceding three years as defined in 47 C.F.R. Section 90.1021(b): * with average gross revenues of not more than $15 million (a "small business") receives a 25 percent discount on its winning bids for the Phase II 220 MHz licenses. * A bidder with average gross revenues of not more than $3 million (a "very small business") receives a 35 percent discount on its winning bids for the Phase II
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=24
  • area Bidding Credits A bidding credit acts as a discount on the winning bid amount that a bidder actually has to pay for the license. The size of the bidding credit depends on the annual gross revenues of the bidder, together with its affiliates and controlling interests, as averaged over the preceding three years as defined in 47 C.F.R. Section 90.1021(b): * A bidder with average gross revenues of not more than $15 million (a "small business") receives a 25 percent discount on its winning bids for the Phase II 220 MHz licenses. * A bidder with average gross revenues of not more than $3 million (a "very small business") receives a 35 percent discount on its winning bids for the
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=43
  • ten-year term from the initial license grant date. Licensees have a renewal expectancy based on the provision of substantial service and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 90.685) Bidding Credits Bidding credits are available to small businesses or consortia thereof, (as defined in 47 C.F.R. 1.2110(c), 90.912 for 800 MHz SMR and 90.1021 for Phase II 220 MHz. 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, its affiliates, its controlling interests, and the affiliates of its controlling interests: * A bidder with attributed average annual gross
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • 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 rules by changing the term "controlling principal" to "controlling interest" to conform the rules with the Commission's general competitive bidding rules:81 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).82 Additionally, we modify or remove the following service-specific rules in whole or in part because they conflict or are redundant with section
• 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
  • 13 FCC Rcd at 477, ¶ 183. 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)
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99229.pdf
  • we adopted criteria for defining small businesses for Federal Communications Commission FCC 99-229 41 220 MHz Third Report and Order, PR Docket No. 89-552, 12 FCC Rcd 10943, 11068-70, ¶¶ 291-295 (1997). The SBA has approved these definitions. See Letter from A. Alvarez, Administrator, SBA, to D. Phythyon, Chief, Wireless Telecommunications Bureau, FCC (Jan. 6, 1998). 42 47 C.F.R. § 90.1021(b). See also 220 MHz Third Report and Order, supra, 12 FCC Rcd at 11068-69, ¶ 291. 43 See Future Development of Paging Systems, Second Report and Order and Further Notice of Proposed Rulemaking, WT Docket 96-18, 12 FCC Rcd 2732, 2863 (1997). 44 Public Notice, "Auction of 929 and 931 MHz Paging Service Spectrum," Report No. AUC-99-26-B, DA No. 99-
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98134.pdf
  • to radiotelephone companies, i.e., an entity employing no more than 1,500 persons. Approximately 1,515 non-nationwide Phase I licenses and four nationwide Phase I licenses have been awarded. The Commission estimates that almost all of the holders of these licenses are small entities under the SBA definition. Federal Communications Commission FCC 98-134 346 47 C.F.R. § 90.701(c). 347 47 C.F.R. § 90.1021(b). 348 Letter from A. Alvarez, SBA, to D. Phythyon, FCC (Jan. 6, 1998). 349 See 220 MHz Third Report and Order, 12 FCC Rcd. at 11096, Appendix A. 350 FCC, Telecommunications Industry Revenue: TRS Fund Worksheet Data, Figure 2 (Number of Carriers Paying Into the TRS Fund by Type of Carrier) (Nov. 1997). 351 Air-Ground radiotelephone service is defined in
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000156.doc
  • the requirements set forth in Section 0.459 of the Commission's rules. Your statements that disclosure of the financial information in Exhibit E may result in substantial competitive harm are conclusory, and do not justify withholding from inspection materials that bear upon the applicants qualifications to participate in Auction No. 26 as a "very small business." See 47 C.F.R. Sections 90.1017, 90.1021, 90.1023, and 1.2105. Therefore, your request for confidentiality IS HEREBY DENIED. Sincerely, Mark Bollinger Acting Chief, Auctions and Industry Analysis Division Wireless Telecommunications Bureau |ß
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • 13 FCC Rcd at 477, ¶ 183. 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)
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da982143.pdf
  • required to be disclosed pursuant to 47 C.F.R. § 1.2112(a)(1) and (3). For each FCC-regulated business, include a description of their principal business and their relationship to applicant. To comply with 47 C.F.R. § 1.2112(a)(5), an 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. § 90.1021(d). To the extent that such entities are not included in Parts 1 and 2 of Exhibit A, they should be identified and included in Part 3. Electronic filers should select Attachment Type `Ownership' and enter "Exhibit A: Ownership" in the File Description field on the Attachment screen. EXHIBIT B: FOREIGN OWNERSHIP If the applicant has responded "yes" to either Question