FCC Web Documents citing 90.811

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1418A1.txt
  • the high bid within ten (10) business days of the conditional grant of the license. 47 C.F.R. § 1.2110(g)(2). However, the competitive bidding rules for the 900 MHz SMR service limit the second down payment for licensees that qualify as a small business (which Two Way Radio does) to five percent of the net winning bid. See 47 C.F.R § 90.811. Accordingly, Two Way Radio must pay as its second down payment only another five (5) percent of its winning bids. See 47 C.F.R. § 1.2110. See 47 C.F.R. § 1.2104. See 47 C.F.R. §§ 1.2110, 1.2104(g). See 47 C.F.R. § 90.812 (1996). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-62A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-62A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-62A1.txt
  • petition to deny with the Commission less than two months after the second down payment deadline and prior to grant of the license. Thus, any harm relating to the timing of the release of the Ready to Grant Public Notice was inconsequential and did not relieve MRA from submitting its second down payment in accordance with Sections 1.2107, 1.2109 and 90.811 of the Commission's rules. Therefore, MRA's untimely request is dismissed. C. Request to Change the Grant Date. Finally, MRA requests that the Commission change the grant date on the license and accordingly, recalculate the amount of the first installment payment. MRA bases its request upon its contention that it first received notice of the grant in the September 22, 1997
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2032A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2032A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2032A1.txt
  • of Section 24.716(a)(2) of the Commission's Rules, Order, 13 FCC Rcd 766 (WTB 1998); Carolina PCS I Limited Partnership Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding BTA Nos. B016, B072, B091, B147, B178, B335, and B436, Frequency Block C, Memorandum Opinion and Order, 12 FCC Rcd 22,938 (1997); Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Commission's Rules Regarding Various MTA Markets, Order, 12 FCC Rcd 1516 (WTB 1997); The Wireless, Inc. Request for Waiver of Section 90.811 of the Commission's Rules Regarding Various MTA Markets, Order, 12 FCC Rcd 1821 (WTB 1997); Roberts-Roberts & Associates, LLC, Order, 12 FCC Rcd 1825 (WTB 1997); Southern Communications Systems, Inc. Request for Waiver of Section 24.711(a)(2)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-735A1.txt
  • (WTB 1997)). Prior to 1998, the Commission allowed qualified small businesses that won licenses in certain services to pay their down payments in two installments and to pay the remaining balance of their winning bids in quarterly installments over the initial term of the license. The down payment rule at issue in Hickory Telephone and Wireless was 47 C.F.R. § 90.811 (1997). The waivers granted in these cases were partial because the Commission waived the payment deadlines subject to a 5 percent late fee. In December 1997, the Commission suspended the use of installment payments and at the same time amended the final payment provisions of Section 1.2109(a) to provide for the current ten-day late payment period and 5 percent late
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.txt
  • ten calendar days. 47 C.F.R. §§ 1.2107(b); 1.2110(g)(1). See id. § 1.2107(c) for all high bidders. The amount required for a first down payment from installment payors for broadband PCS frequency block C licenses won in Auctions No. 5 and 10 and for 900 MHz SMR licenses won in Auction No. 7 was five percent. See id. §§ 24.711(a)(2) (1996), 90.811. Section 1.2109(a) sets the deadline at ten business days for non-installment payors; whereas, Section 1.2110(g)(2) sets the deadline for installment payors at ten calendar days. Id. §§ 1.2109(a); 1.2110(g)(1). Id. § 1.2110(g)(2). The amount required for a second down payment from installment payors for broadband PCS frequency block C licenses won in Auctions No. 5 and 10 and for 900
• http://wireless.fcc.gov/auctions/02/releases/fcc97390.pdf
  • 1034 (1983). See, e.g. RFW, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market 31 No. B230, Order, DA 97-254 (rel. February 4, 1997); MFRI, Inc., Request for Waiver of Section 24.711(a)(2) of the Commission's Rules Regarding Market No. B435, Order, DA 97-255 (rel. February 4, 1997); and Cenkan Towers, L.L.C., Request for Waiver of Section 90.811 of the Commission's Rules Regarding Various MTA Markets, Order, DA 97-247 (rel. February 4, 1997). See Additional Requests by Lottery Winners to Extend Construction Deadline, Order, 10 FCC Rcd 4546 32 (1995) (citing Larry M. Warner, Esq., Trustee, John Calvin Kemmer Inter Vivos Trust v. FCC , No. 93-1668 (D.C. Cir. 1994)). The Warner case was dismissed on October 20,
• http://wireless.fcc.gov/auctions/05/releases/da961692.pdf http://wireless.fcc.gov/auctions/05/releases/da961692.txt http://wireless.fcc.gov/auctions/05/releases/da961692.wp
  • this party submitted its payment late. Public Notice, "FCC Prepared to Award 900 MHz MTA Licenses, Additional Payment Due by July 8, 2 1996," DA 96-1057 (June 28, 1996). II. 900 MHz SMR The following parties are small business winning bidders, who were entitled to pay their 10% down payment in two separate 5% payments pursuant to 47 C.F.R. § 90.811. By Public Notice released on June 28, 1996, the Wireless Telecommunications Bureau notified winning bidders that the Commission would be granting the 900 MHz SMR licenses, and that the second half of the down payment would be due on July 8, 1996. All of the parties listed below 2 submitted the second half of their down payments late. AMK International,
• http://wireless.fcc.gov/auctions/05/releases/fc970417.pdf http://wireless.fcc.gov/auctions/05/releases/fc970417.txt http://wireless.fcc.gov/auctions/05/releases/fc970417.wp
  • July 8, 1997). The Wireless Telecommunications Bureau has followed a similar course. See In the Matter of AMK International, Inc. and Mobilecall, Inc., Order, 12 FCC Rcd 1511 (Wireless Tel. Bur. 1997); In the Matter of CSS Communications, Co., Order, 12 FCC Rcd 1507 (Wireless Tel. Bur. 1997); In the Matter of Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Commission's Rules regarding Various MTA Markets, Order, 12 FCC Rcd 1516 (Wireless Tel. Bur. 1997); In the Matter of Electronic SMR Communication Services, Order, 12 FCC Rcd 1520 (Wireless Tel. Bur. 1997); In the Matter of Hickory Telephone Company, Inc., Order, 12 FCC Rcd 1528 (Wireless Tel. Bur. 1997); In the Matter of Independence Excavating, Inc., Order, 12
• http://wireless.fcc.gov/auctions/05/releases/fc980220.pdf http://wireless.fcc.gov/auctions/05/releases/fc980220.txt http://wireless.fcc.gov/auctions/05/releases/fc980220.wp
  • Report and Order"), ¶ 94. Application for Review at 18. 34 Id. 35 Id. at 22. 36 Id. 37 See AMK International, Inc. and Mobilecall, Inc., Order, 12 FCC Rcd 1511 (Wireless Tel. Bur. 1997); In the 38 Matter of CSS Communications, Co., Order, 12 FCC Rcd 1507 (Wireless Tel. Bur. 1997); Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Commission's Rules regarding Various MTA Markets, Order, 12 FCC Rcd 1516 (Wireless Tel. Bur. 1997) ("Cenkan Towers"); Electronic SMR Communication Services, Order, 12 FCC Rcd 1520 (Wireless Tel. Bur. 1997); Hickory Telephone Company, Inc., Order, 12 FCC Rcd 1528 (Wireless Tel. Bur. 1997); Independence Excavating, Inc., Order, 12 FCC Rcd 1524 (Wireless Tel. Bur. 1997); Longstreet Communications International,
• http://wireless.fcc.gov/auctions/06/releases/da961692.pdf http://wireless.fcc.gov/auctions/06/releases/da961692.txt http://wireless.fcc.gov/auctions/06/releases/da961692.wp
  • this party submitted its payment late. Public Notice, "FCC Prepared to Award 900 MHz MTA Licenses, Additional Payment Due by July 8, 2 1996," DA 96-1057 (June 28, 1996). II. 900 MHz SMR The following parties are small business winning bidders, who were entitled to pay their 10% down payment in two separate 5% payments pursuant to 47 C.F.R. § 90.811. By Public Notice released on June 28, 1996, the Wireless Telecommunications Bureau notified winning bidders that the Commission would be granting the 900 MHz SMR licenses, and that the second half of the down payment would be due on July 8, 1996. All of the parties listed below 2 submitted the second half of their down payments late. AMK International,
• http://wireless.fcc.gov/auctions/07/releases/da020062.pdf http://wireless.fcc.gov/auctions/07/releases/da020062.txt
  • block license in the 900 MHz SMR auction with a net high bid in the amount of $474,300. FCC Announces Winning Bidders in the Auction of 1,020 Licenses to Provide 900 MHz SMR in Major Trading Areas, Public Notice, 11 FCC Rcd 18599 (1996) ("April 1996 Public Notice"). 5 47 C.F.R. §§ 90.812 and 1.2110(e) (1996). 6 47 C.F.R. § 90.811 (1996). 7 October 14, 1997 Letter at 1. David J. Kaufman, Esq. January 14, 2002 Page 2 1996, the Wireless Telecommunications Bureau ("Bureau") released a Public Notice stating that MRA's application was accepted and any petitions to deny must be filed within 30 days.8 On June 19, 1996, in accordance with the deadline imposed in the May 20, 1996 Public
• http://wireless.fcc.gov/auctions/07/releases/da960586.pdf http://wireless.fcc.gov/auctions/07/releases/da960586.txt http://wireless.fcc.gov/auctions/07/releases/da960586.wp
  • the applicant (except for small businesses making quarterly installment payments) makes full payment of its winning bid amount. See 47 C.F.R. §§ 90.807, 90.808 and 90.812(a). Applicants must submit the balance due on the license(s) within five business days after release of the Public Notice, unless the applicant is entitled to reduced down payments and installment payments pursuant to Section 90.811 and 90.812 of the Commission's Rules. Small business applicants eligible for reduced down payments must bring the total amount on deposit with the Commission (including upfront payments and initial down payment) up to ten percent of their net winning bid(s) within five (5) business days of the Public Notice. Small business applicants then pay the remainder of the amount due
• http://wireless.fcc.gov/auctions/07/releases/da960709.pdf
  • and such applicants will then have five (5) business days to pay the balance of their winning bids or, in the case of bidders eligible for installment payments, an additional five (5) percent of their winning bids. See Second Order on Reconsideration and Seventh Report and Order, 11 FCC Rcd 2639, 2683 ¶¶ 116, 117 (1996) and 47 C.F.R. §§ 90.811, 90.812. The Commission has determined that all commercial mobile radio service applicants should be subject to the same rules governing the construction of facilities prior to grant of a pending application. See Third Report and Order in GN Docket No. 93-252, 9 FCC Rcd 7988, 8153 (1994) and 47 C.F.R. § 90.169. Accordingly, 35 days after the date of this
• http://wireless.fcc.gov/auctions/07/releases/da961692.pdf http://wireless.fcc.gov/auctions/07/releases/da961692.txt http://wireless.fcc.gov/auctions/07/releases/da961692.wp
  • this party submitted its payment late. Public Notice, "FCC Prepared to Award 900 MHz MTA Licenses, Additional Payment Due by July 8, 2 1996," DA 96-1057 (June 28, 1996). II. 900 MHz SMR The following parties are small business winning bidders, who were entitled to pay their 10% down payment in two separate 5% payments pursuant to 47 C.F.R. § 90.811. By Public Notice released on June 28, 1996, the Wireless Telecommunications Bureau notified winning bidders that the Commission would be granting the 900 MHz SMR licenses, and that the second half of the down payment would be due on July 8, 1996. All of the parties listed below 2 submitted the second half of their down payments late. AMK International,
• http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
  • bidding. 90.802 Competitive bidding design for 900 MHz SMR licensing. 90.803 Competitive bidding mechanisms. 90.804 Aggregation of 900 MHz SMR licenses. 90.805 Withdrawal, default and disqualification payments. 90.806 Bidding application (FCC Form 175 and 175-S Short-form). 90.807 Submission of upfront payments and down payments. 90.808 Long-form applications. 90.809 License grant, denial, default, and disqualification. 90.810 Bidding credits for small businesses. 90.811 Reduced down payment for licenses won by small businesses. 90.812 Installment payments for licenses won by small businesses. 90.813 Procedures for partitioned licenses. 90.814 Definitions. 90.815 Eligibility for small business status § 90.801 900 MHz SMR subject to competitive bidding. Mutually exclusive initial applications to provide 900 MHz SMR service are subject to competitive bidding procedures. The general competitive bidding
• http://wireless.fcc.gov/auctions/10/releases/fc970417.pdf http://wireless.fcc.gov/auctions/10/releases/fc970417.txt http://wireless.fcc.gov/auctions/10/releases/fc970417.wp
  • July 8, 1997). The Wireless Telecommunications Bureau has followed a similar course. See In the Matter of AMK International, Inc. and Mobilecall, Inc., Order, 12 FCC Rcd 1511 (Wireless Tel. Bur. 1997); In the Matter of CSS Communications, Co., Order, 12 FCC Rcd 1507 (Wireless Tel. Bur. 1997); In the Matter of Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Commission's Rules regarding Various MTA Markets, Order, 12 FCC Rcd 1516 (Wireless Tel. Bur. 1997); In the Matter of Electronic SMR Communication Services, Order, 12 FCC Rcd 1520 (Wireless Tel. Bur. 1997); In the Matter of Hickory Telephone Company, Inc., Order, 12 FCC Rcd 1528 (Wireless Tel. Bur. 1997); In the Matter of Independence Excavating, Inc., Order, 12
• http://wireless.fcc.gov/auctions/10/releases/fc980220.pdf http://wireless.fcc.gov/auctions/10/releases/fc980220.txt http://wireless.fcc.gov/auctions/10/releases/fc980220.wp
  • Report and Order"), ¶ 94. Application for Review at 18. 34 Id. 35 Id. at 22. 36 Id. 37 See AMK International, Inc. and Mobilecall, Inc., Order, 12 FCC Rcd 1511 (Wireless Tel. Bur. 1997); In the 38 Matter of CSS Communications, Co., Order, 12 FCC Rcd 1507 (Wireless Tel. Bur. 1997); Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Commission's Rules regarding Various MTA Markets, Order, 12 FCC Rcd 1516 (Wireless Tel. Bur. 1997) ("Cenkan Towers"); Electronic SMR Communication Services, Order, 12 FCC Rcd 1520 (Wireless Tel. Bur. 1997); Hickory Telephone Company, Inc., Order, 12 FCC Rcd 1528 (Wireless Tel. Bur. 1997); Independence Excavating, Inc., Order, 12 FCC Rcd 1524 (Wireless Tel. Bur. 1997); Longstreet Communications International,
• http://wireless.fcc.gov/auctions/11/releases/fc970417.pdf http://wireless.fcc.gov/auctions/11/releases/fc970417.txt http://wireless.fcc.gov/auctions/11/releases/fc970417.wp
  • July 8, 1997). The Wireless Telecommunications Bureau has followed a similar course. See In the Matter of AMK International, Inc. and Mobilecall, Inc., Order, 12 FCC Rcd 1511 (Wireless Tel. Bur. 1997); In the Matter of CSS Communications, Co., Order, 12 FCC Rcd 1507 (Wireless Tel. Bur. 1997); In the Matter of Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Commission's Rules regarding Various MTA Markets, Order, 12 FCC Rcd 1516 (Wireless Tel. Bur. 1997); In the Matter of Electronic SMR Communication Services, Order, 12 FCC Rcd 1520 (Wireless Tel. Bur. 1997); In the Matter of Hickory Telephone Company, Inc., Order, 12 FCC Rcd 1528 (Wireless Tel. Bur. 1997); In the Matter of Independence Excavating, Inc., Order, 12
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970205.html
  • a request for waiver of Section 24.711(a)(2) of the Commission's rules filed by MFRI, Inc., the winning bidder in Market B435 in the Broadband C Block Personal Communications Services. Action by Chief, Wireless Telecommunications Bureau. Adopted: February 4, 1997. by Order. (DA No. 97-255). WTB Internet URL: [17]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970255.txt THE WIRELESS, INC. Granted in part a request for waiver of Section 90.811 of the Commission's rules filed by The Wireless, Inc., the winning bidder for one Major Trading Area market in the 900 MHz Specialized Mobile Radio service. Action by Chief, Wireless Telecommunications Bureau. Adopted: February 4, 1997. by Order. (DA No. 97-251). WTB Internet URL: [18]http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da970251.txt CENKAN TOWERS, L.L.C. Granted in part a request for waiver of Section 90.811 of the
• http://www.fcc.gov/ogc/documents/opinions/1999/mountain.html
  • Solutions' investors are bidders in the D, E and F block auction," and that the Commission's anti-collusion guidelines were "confusing and unclear regarding the extent to which bidders in the D, E and F block auction could enter into business-related discussions with C block auction winners." ^(2) See In the Matter of Cenkan Towers, L.L.C. Request for Waiver of Section 90.811 of the Comm'n's Rules, 12 F.C.C.R. 1516, p p 5-8 (1997); In the Matter of CSS Communications Co. Request for a Waiver of Section 90.811 of the Comm'n's Rules, 12 F.C.C.R. 1507, p p 5-8 (1997); Elec. SMR Communication Services Request for Waiver of Section 90.811 of the Comm'n's Rules, 12 F.C.C.R. 1520, p p 5-8 (1997); In the Matter