[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26386]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to Office of
Management and Budget for Review
October 18, 1994.
The Federal Communications Commission has submitted the following
information collection request to OMB for review and clearance under
the Paperwork Reduction Act of 1980, 44 U.S.C. Section 3507. Persons
wishing to comment on this information collection should contact
Timothy Fain, Office of Management and Budget, Room 10102, NEOB,
Washington, D.C. 20503, (202) 385-3561. For further information,
contact Judy Boley, Federal Communications Commission, (202) 418-2014.
Please note: The Commission has requested expedited review of
this collection by October 25, 1994, under the provisions of 5 CFR
1320.18.
Title: Implementation of Section 309(j) of the Communications Act--
Competitive Bidding, Fifth Report and Order, PP Docket No. 93-253.
OMB Control Number: None.
Action: New Collections.
Respondents: Individuals, State or local governments, Non-profit
institutions, Business or other for-profit, including small businesses.
Frequency of Response: On occasion.
Estimated Annual Burden: No. of Estimated Average Estimated Annual.
----------------------------------------------------------------------------------------------------------------
Hours per
Section/forms Respondents response Burden
----------------------------------------------------------------------------------------------------------------
Section 24.103.................................................. 3356 2 6712
Section 24.204.................................................. 11100 .50 5550
Section 24.709.................................................. 3000 .50 1500
Section 24.709(c)(2)............................................ 1000 2 2000
Section 24.714.................................................. 200 .50 100
Section 24.714(b)............................................... 100 .50 50
Section 24.719.................................................. 200 3 600
Section 24.806.................................................. 12000 2 24000
Section 24.813.................................................. 12000 1 12000
Section 24.813(f)............................................... 200 2.5 250
Section 24.815(j)\1\............................................ 1000 1 1000
Section 24.819.................................................. 50 20 1000
Section 24.825.................................................. 10 3 30
Section 24.828-24.829........................................... 40 2 80
Section 24.830.................................................. 100 20 2000
Section 24.839.................................................. 100 .50 50
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\1\Recordkeeping requirement.
Total Annual Burden: 56,922 Hours.
Needs and Uses: In the Fifth Report and Order in PP Docket No. 93-
253, the Commission has amended 47 CFR Part 24 to add new Subparts H
and I. Subpart H contains the general rules and requirements governing
the competitive bidding process for broadband PCS initial licenses.
Subpart I contains the general rules and requirements for processing
applications. Applicants are required to file certain information so
that the Commission can determine whether the applicants are legally,
technically and financially qualified to be licensed and to determine
whether applicants claiming designated entity status are entitled to
certain benefits. Affected public are any member of the public who
wants to become or remain a licensee.
The foregoing estimates include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding the burden estimates
or any other aspect of the collection of information, including
suggestions for reducing the burden, to the Federal Communications
Commission, Records Management Branch, Paperwork Reduction Project,
Washington, D.C. 20554 and to the Office of Management and Budget
Paperwork Reduction Project, Washington, D.C. 20503.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Section 24.204 is amended by replacing references to ``Section
24.305'' and ``Section 24.307'' in paragraphs (f)(1) and (f)(2),
respectively, with ``Sec. 24.705'' and ``Sec. 24.707''.
Subpart H--Competitive Bidding Procedures for Broadband PCS
Sec.
24.701 Broadband PCS subject to competitive bidding
24.702 Competitive bidding design for Broadband PCS licensing
24.703 Competitive bidding mechanisms
24.704 Withdrawal, default and disqualification penalties
24.705 Bidding application (FCC Form 175 and 175-S Short-Form)
24.706 Submission of upfront payments and down payments
24.707 Long-form applications
24.708 License grant, denial, default, and disqualification
24.709 Eligibility for licenses for frequency Blocks C and F
24.710 Limitation on licenses won at auction for frequency Blocks C
and F
24.711 Installment payments for licenses for frequency Blocks C and
F
24.712 Bidding credits for licenses for frequency Blocks C and F
24.713 Tax certificates
24.714 Eligibility for partitioned licenses
24.720 Definitions
Subpart H--Competitive Bidding Procedures for Broadband PCS
Section 24.701 Broadband PCS Subject to Competitive Bidding
Mutually exclusive initial applications to provide broadband PCS
service are subject to competitive bidding procedures. The general
competitive bidding procedures found in 47 CFR Part 1, Subpart Q
will apply unless otherwise provided in this part.
Section 24.702 Competitive Bidding Design for Broadband PCS
Licensing
(a) The Commission will employ the following competitive bidding
designs when choosing from among mutually exclusive initial
applications to provide broadband PCS service:
(1) Simultaneous multiple round auctions
(2) Sequential auctions
(b) The Commission may design and test alternative procedures.
The Commission will announce by Public Notice before each auction
the competitive bidding design to be employed in a particular
auction.
(c) The Commission may use combinatorial bidding, which would
allow bidders to submit all or nothing bids on combinations of
licenses, in addition to bids on individual licenses. The Commission
may require that to be declared the high bid, a combinatorial bid
must exceed the sum of the individual bids by a specified amount or
percentage. Combinatorial bidding may be used with any type of
auction design.
(d) The Commission may use single combined auctions, which
combine bidding for two or more substitutable licenses and award
licenses to the highest bidders until the available licenses are
exhausted. This technique may be used in conjunction with any type
of auction.
Section 24.703 Competitive Bidding Mechanisms
(a) Sequencing. The Commission will establish and may vary the
sequence in which broadband PCS licenses will be auctioned.
(b) Grouping. In the event the Commission uses either a
simultaneous multiple round competitive bidding design or
combinatorial bidding, the Commission will determined which licenses
will be auctioned simultaneous or in combination.
(c) Reservation Price. The Commission may establish a
reservation price, either disclosed or undisclosed, below which a
license subject to auction will not be awarded.
(d) Minimum Bid Increments. The Commission will, by announcement
before or during an auction, require minimum bid increments in
dollar or percentage terms.
(e) Stopping Rules. The Commission will establish stopping rules
before or during multiple round auctions in order to terminate an
auction within a reasonable time.
(f) Activity Rules. The Commission will establish activity rules
which require a minimum amount of bidding activity. In the event
that the Commission establishes an activity rule in connection with
a simultaneous multiple round auction, each bidder will be entitled
to request and will be automatically granted one waiver of such rule
during each auction stage.
(g) Suggested Minimum Bid. The Commission may establish
suggested minimum bids on each license. Bids below the suggested
minimum bid would count as activity under the activity rule only if
no bids at or above the suggested minimum bid are received.
Section 24.704 Withdrawal, Default and Disqualification Penalties
(a) When the Commission conducts a simultaneous multiple round
auction pursuant to Sec. 24.702(a)(1), the Commission will impose
penalties on bidders who withdraw high bids during the course of an
auction, who default on payments due after an auction closes, or who
are disqualified.
(1) Bid withdrawal prior to close of auction. A bidder who
withdraws a high bid during the course of an auction will be subject
to a penalty equal to the difference between the amount bid and the
amount of the winning bid the next time the license is offered by
the Commission. No withdrawal penalty would be assessed if the
subsequent winning bid exceeds the withdrawn bid. This penalty
amount will be deducted from any upfront payments or down payments
that the withdrawing bidder has deposited with the Commission.
(2) Default or disqualification after close of auction. If a
high bidder defaults or is disqualified after the close of such an
auction, the defaulting bidder will be subject to the penalty in
paragraph (a)(1) of this section plus an additional penalty equal to
three (3) percent of the subsequent winning bid. If the subsequent
winning bid exceeds the defaulting bidder's bid amount, the 3
percent penalty will be calculated based on the defaulting bidder's
bid amount. These amounts will be deducted from any upfront payments
or down payments that the defaulting or disqualified bidder has
deposited with the Commission.
(b) When the Commission conducts sequential oral auctions
pursuant to Sec. 24.702(a)(2), the Commission may modify the
penalties set forth in subsection (a) above to be paid in the event
of bid withdrawal, default or disqualification; provided, however,
that such penalties shall not exceed the penalties specified above.
(1) If a bid is withdrawn before the Commission has declared the
bidding to be closed for the license bid on, no bid withdrawal
penalty will be assessed.
(2) If a bid is withdrawn after the Commission has declared the
bidding to be closed for the license bid on, the penalty specified
in paragraph (a)(2) of this section will apply.
Section 24.705 Bidding Application (FCC Form 175 and 175-S Short-
Form)
All applicants to participate in competitive bidding for
broadband PCS licenses must submit applications on FCC Forms 175 and
175-S pursuant to the provisions of Secs. 1.2105 of the Chapter and
24.813. The Commission will issue a Public Notice announcing the
availability of broadband PCS licenses and, in the event that
mutually exclusive applications are filed, the date of the auction
for those licenses. This Public Notice also will specify the date on
or before which applicants intending to participate in a boardband
PCS auction must file their applications in order to be eligible for
that auction, and it will contain information necessary for
completion of the application as well as other important information
such as the materials which must accompany the Forms, any filing fee
that must accompany the application or any upfront payment that will
need to be submitted, and the location where the application must be
filed.
Section 24.706 Submission of Upfront Payments and Down Payments
(a) Where the Commission uses simultaneous multiple round
auctions or oral sequential auctions, bidders will be required to
submit an upfront payment in accordance with Sec. 1.2106 of this
Chapter and Sec. 24.711(a)(1).
(b) Winning bidders in an auction must submit a down payment to
the Commission in accordance with Sec. 1.2107(b) of this Chapter and
Sec. 24.711(a)(2).
Section 24.707 Long-Form Applications
Each winning bidder will be required to submit a long-form
application on FCC Form 401, as modified, within ten (10) business
days after being notified that it is the winning bidder.
Applications on FCC Form 401 shall be submitted pursuant to the
procedures set forth in Subpart I of this Part and Sec. 1.2107(c)
and (d) of this Chapter and any associated Public Notice. Only
auction winners (and applicants seeking partitioned licenses
pursuant to agreements with auction winners under Sec. 24.714) will
be eligible to file applications on FCC Form 401 for initial
broadband PCS licenses in the event of mutual exclusivity between
applicants filing Form 175. Winning bidders need not complete
Schedule B to Form 401.
Section 24.708 License Grant, Denial, Default, and
Disqualification
(a) Except with respect to entities eligible for installment
payments (see Sec. 24.711), each winning bidder will be required to
pay the balance of its winning bid in a lump sum payment within five
(5) business days following the award of the license. Grant of the
license will be conditioned upon full and timely payment of the
winning bid amount.
(b) A bidder who withdraws its bid subsequent to the close of
bidding, defaults on a payment due or is disqualified will be
subject to the penalties specified in Sec. 1.2109 of this Chapter.
Section 24.709 Eligibility for Licenses for Frequency Blocks C and
F
(a) General Rule.
(1) No application is acceptable for filing and no license shall
be granted for frequency Block C or frequency Block F, unless the
applicant, together with its affiliates and persons holding
interests in the applicant and their affiliates, have gross revenues
of less than $125 million in each of the last two calendar years and
total assets of less than $500 million at the time the applicant's
short-form (Form 175) application is filed.
(2) No application is acceptable for filing and no license shall
be granted for frequency Block C or frequency Block F, if, at the
time the application is filed, the applicant (or person holding an
interest in the applicant) is an individual and he or she (or
affiliates) has $100 million or greater in personal net worth at the
time the applicant's short-form (Form 175) application is filed.
(3) Any licensee awarded a licensee pursuant to this section (or
pursuant to Sec. 24.839(d)(2)) shall maintain its eligibility until
at least five years from the date of initial license grant, except
that increased gross revenues, increased total assets or personal
net worth due to non-attributable equity investments (i.e. from
sources whose revenues, total assets and personal net worth are not
considered under paragraph (b)(4) of this section), debt financing,
revenue from operations, business development or expanded service
shall not be considered.
(b) Attribution and Aggregation of Gross Revenues, Total Assets,
and Personal Net Worth.
(1) Except as specified in paragraphs (b)(3) and (4) of this
section, the gross revenues and total assets of the applicant (or
licensee) and its affiliates, and other persons that hold interests
in the applicant (or licensee) and their affiliates shall be
considered on a cumulative basis and aggregated for purposes of
determining whether the applicant (or licensee) is eligible for a
license for frequency Block C or frequency Block F under this
section.
(2) The personal net worth of individual applicants (or
licensees) and other persons that hold interests in the applicant
(or licensee), and their affiliates, if under the amount in
paragraph (a)(2) of this section, shall not be considered for
purposes of determining whether the applicant (or licensee) is
eligible for a license for frequency Block C or frequency Block F
under this section.
(3) Where an applicant (or licensee) is a consortium of small
businesses, the gross revenues and total assets of each small
business shall not be aggregated.
(4)(i) The gross revenues, total assets and personal net worth
of a person that holds an interest in the applicant (or licensee)
shall not be considered for purposes of determining financial
eligibility so long as:
(A) Such person holds no more than 25 percent of the applicant's
(or licensee's) passive equity and is not a member of the
applicant's (or licensee's) control group; and
(B) The applicant (or licensee) has a control group that owns at
least 25 percent of the applicant's (or licensee's) total equity
and, if a corporation, holds at least 50.1 percent of the
applicant's (or licensee's) voting interests.
(ii) The gross revenues, total assets and personal net worth of
a person that holds an interest in the applicant (or licensee) shall
not be considered for purposes of determining financial eligibility
so long as:
(A) Such person holds no more than 49.9 percent of the
applicant's (or licensee's) passive equity and is not a member of
the applicant's (or licensee's) control group; and
(B) The applicant (or licensee) has a control group that
consists entirely of members of minority groups and/or women and
that owns at least 50.1 percent of the applicant's (or licensee's)
total equity and, if a corporation, at least 50.1 percent of the
applicant's (or licensee's) voting interests.
(iii) The gross revenues, total assets and personal net worth of
a person that holds an interest in the applicant (or licensee) shall
not be considered for purposes of determining financial eligibility
so long as:
(A) Such person owns no more than 25 percent of the applicant's
(or licensee's) total equity, which shall include not more than 15
percent of the voting stock;
(B) The applicant (or licensee) is a publicly traded
corporation; and
(C) The applicant (or licensee) has an eligible control group
that holds at least 50.1 percent of the voting stock, if a
corporation, and at least 25 percent of the applicant's (or
licensee's) equity.
Note: Ownership interests shall be calculated on a fully diluted
basis; all agreements such as warrants, stock options and
convertible debentures will generally be treated as if the rights
thereunder already have been fully exercised, except that the such
agreements may not be used to appear to terminate or divest
ownership interests before they actually do so.
(c) Short-Form Application Certification; Long-Form Application
Disclosure.
(1) All applicants for a license for frequency Block C or
frequency Block F shall certify on its short-form application (Form
175) that they are eligible to bid on and obtain licenses in those
blocks pursuant to this section.
(2) In addition to the requirements in subpart I, all applicants
that are winning bidders on frequency Blocks C and F shall, in an
exhibit to their long-form applications--
(i) Identify each member of the applicant's control group,
regardless of the size of the member's total interest in the
applicant, and each member's minority group or gender
classification, if applicable;
(ii) Disclose the gross revenues and total assets of the
applicant and its affiliates, and other persons that hold interests
in the applicant and their affiliates (including all members of the
applicant's control group), unless exempted under paragraph (b)(4)
of this section; and
(iii) Certify that the personal net worth of the applicant (if
an individual), each affiliate and each person that holds an
interest in the applicant is less than $100 million.
(d) Audits. Applicants and licensees claiming eligibility under
this section shall be subject to random audits by the Commission.
(3) Definitions. The terms affiliate, business owned by members
of minority groups and women, consortium of small businesses,
control group, gross revenues, members of minority groups, passive
equity, personal net worth, publicly traded corporation, and total
assets used in this section are defined in Sec. 24.720.
Section 24.710 Limitation on Licenses Won at Auction for Frequency
Blocks C and F
(a) No applicant may be deemed the winning bidder of more than
98 of the licenses available for frequency Blocks C and F. Any
applicant who is the high bidder for more than 98 of the licenses
available for frequency Blocks C and F shall be required to withdraw
its bid(s) for a sufficient number of licenses to achieve compliance
with this section and may be subject to bid withdrawal penalties
under Sec. 24.704.
(b) For purposes of paragraph (a) of this section, licenses will
be deemed to be won by the same bidder if an entity that controls or
has the power to control any applicant that wins licenses at the
auction, has the power to control any other applicant that wins
licenses at the auction.
Section 24.711 Installment Payments for Licenses for Frequency
Blocks C and F
(a) Except as provided in paragraphs (b), (c) and (d) of this
section, an applicant that has $75 million or less in gross revenues
in each of the preceding two calendar years and that is a winning
bidder for frequency Blocks C or F in a BTA market other than the
fifty largest markets and any eligible applicant that is a winning
bidder for frequency Blocks C or F in one of the fifty largest BTA
markets, may pay the full amount of its winning bid in installments
as follows:
(1) Each eligible bidder shall pay an upfront payment of $0.015
per MHz per pop for the maximum number of licenses (in terms of MHz-
pops) on which it intends to bid.
(2) Each winning bidder shall make a down payment equal to ten
percent of their winning bids; a winning bidder shall bring its
total amount on deposit with the Commission (including upfront
payment) to five percent of its winning bids within five business
days after the auction closes and the remainder of the down payment
(five percent) shall be paid within five business days after the
application required by Sec. 24.809(b) is granted.
(3) Each eligible licensee shall pay the remainder of its
winning bids in installment payments with interest imposed based on
the rate for ten-year U.S. Treasury obligations applicable on the
date the license is granted, plus 2.5 percent; interest-only
payments for the first year; and principal and interest payments
amortized over the remaining nine years of the license.
(4) For purposes of determining whether an applicant has $75
million or less in gross revenues, gross revenues shall be
attributed to the applicant and aggregated as provided in
Sec. 24.709(b), except that Sec. 24.709(b)(4)(iii) shall not apply.
(b) An applicant that qualifies as a business owned by members
of minority groups and/or women may pay the full amount of its
winning bid in installments in the same manner as in paragraphs
(a)(1) and (a)(2) of this section, except that interest-only
payments may be paid for the first three years and interest shall be
paid at the rate for ten-year U.S. Treasury obligations applicable
on the date the license is granted.
(c) An applicant that qualifies as a small business or as a
consortium of small businesses may pay the full amount of its
winning bid in installments in the same manner as in paragraphs
(a)(1) and (a)(2) of this section, except that interest-only
payments may be paid for the first two years.
(d) An applicant that qualifies as a small business owned by
members of minority groups and/or women or as a consortium of small
businesses owned by members of minority groups and/or women may pay
the full amount of its winning bid in installments in the same
manner as in paragraphs (a)(1) and (a)(2) of this section, except
that interest-only payments may be paid for the first five years and
interest shall be paid at the rate for ten-year U.S. Treasury
obligations applicable on the date the license is granted.
(e) Unjust Enrichment.
(1) If a licensee that utilizes installment financing under this
section seeks to assign or transfer control of its license to an
entity not meeting the eligibility standards for installment
payments, the licensee must make full payment of the remaining
unpaid principal and any unpaid interest accrued through the date of
assignment or transfer as a condition of approval.
(2) If a licensee that utilizes installment financing under this
section seeks to make any change in ownership structure that would
result in the licensee losing eligibility for installment payments,
the licensee shall first seek Commission approval and must make full
payment of the remaining unpaid principal and any unpaid interest
accrued through the date of assignment or transfer as a condition of
approval. Increases in gross revenues or total assets that result
from equity investments that are not attributable to the licensee
under Sec. 24.709(b)(4), revenues from operations, business
development or expanded service shall not be considered changes in
ownership structure under this paragraph.
(3) If a licensee seeks to make any change in ownership that
would result in the licensee qualifying for a less favorable
installment plan under paragraph (a), (b) or (c) of this section,
the licensee shall seek Commission approval and must adjust its
payment plan to reflect its new eligibility status under paragraph
(a), (b) or (c) of this section. A licensee may not switch its
payment plan to a more favorable plan.
Section 24.712 Bidding Credits for Licenses for Frequency Blocks C
and F
(a) A winning bidder that qualifies as a small business or a
consortium of small businesses may use a bidding credit of ten
percent to lower the cost of its winning bid.
(b) A winning bidder that qualifies as a business owned by
members of minority groups and/or women may use a bidding credit of
fifteen percent to lower the cost of its winning bid.
(c) A winning bidder that qualifies as a small business owned by
members of minority groups and/or women or a consortium of small
business owned by members of minority groups and/or women may use a
bidding credit of twenty-five percent to lower the cost of its
winning bid.
(d) Unjust Enrichment.
(1) If a licensee that utilizes a bidding credit under this
section seeks to assign or transfer control of its license to an
entity not meeting the eligibility standards for bidding credits or
seeks to make any other change in ownership that would result in the
licensee no longer qualifying for bidding credits under this
section, the licensee must seek Commission approval and reimburse
the government for the amount of the bidding credit as a condition
of the approval of such assignment, transfer or other ownership
change.
(2) If a licensee that utilizes a bidding credit under this
section seeks to assign or transfer control of its license to an
entity meeting the eligibility standards for lower bidding credits
or seeks to make any other change in ownership that would result in
the licensee qualifying for a lower bidding credit under this
section, the licensee must seek Commission approval and reimburse
the government for the difference between the amount of the bidding
credit obtained by the licensee and the bidding credit for which the
assignee, transferee or licensee is eligible under this section as a
condition of the approval of such assignment, transfer or other
ownership change.
Section 24.713 Tax Certificates
(a) Any non-controlling initial investor in a business owned by
members of minority groups and/or women and who provides ``start-
up'' financing, which allows such business to acquire a broadband
PCS license(s), and any non-controlling investor who purchases an
interest in a broadband PCS license held by a business owned by
members of minority groups and/or women within the first year after
license issuance, may, upon the sale of such investment or interest,
request from the Commission a tax certificate.
Note: For purposes of this subsection non-controlling investor
means any person who is not part of the control group of a business
owned by members of minority groups and/or women as defined in
Sec. 24.720(k).
(b) Any broadband PCS licensee who assigns or transfers control
of its license to a business owned by members of minority groups
and/or women may request that the Commission issue the licensee a
tax certificate. Any licensee that obtains a broadband PCS license
through the benefit of a tax certificate under this subsection shall
not assign or transfer control of its license within one year of its
license grant date, unless such assignee or transferee qualifies as
a business owned by members of minority groups and/or women, which
shall not assign or transfer control of the license within one year
of the grant date of the assignment or transfer.
(c) Any licensee in the Domestic Public Cellular Radio
Telecommunications Service who assigns or transfers control of its
cellular license(s) to a business owned by members of minority
groups and/or women may request that the Commission issue the
licensee a tax certificate. Such tax certificates will only be
issued if the principal purpose of the assignment or transfer of
control is to allow the cellular licensee to become eligible for a
broadband PCS license(s) beyond the limitations imposed on the
cellular licensee by Sec. 24.204. Any licensee that obtains a
cellular license through the benefit of a tax certificate under this
paragraph shall not assign or transfer control of its license within
one year of its license grant date, unless such assignee or
transferee qualifies as a business owned by members of minority
groups and/or women, which shall not assign or transfer control of
the license within one year of the grant date of the assignment or
transfer.
Section 24.714 Eligibility for Partitioned Licenses
(a) Notwithstanding Sec. 24.202, an applicant that is a rural
telephone company, as defined in Sec. 24.720(e), may be granted a
broadband PCS license that is geographically partitioned from a
separately licensed MTA or BTA, so long as the MTA or BTA applicant
or licensee has voluntarily agreed (in writing) to partition a
portion of the license to the rural telephone company.
(b) If partitioned licenses are being applied for in conjunction
with a license(s) to be awarded through competitive bidding
procedures--
(1) The applicable procedures for filing short-form applications
and for submitting upfront payments and down payments contained in
this Part and Part 1 of this Chapter shall be followed by the
applicant, who must disclose as part of its short-form application
all parties to agreement(s) with or among rural telephone companies
to partition the license pursuant to this section, if won at auction
(see 47 CFR Sec. 1.2105(a)(2)(viii));
(2) Each rural telephone company that is a party to an agreement
to partition the license shall file a long-form application for its
respective, mutually agreed-upon geographic area together with the
application for the remainder of the MTA or BTA filed by the auction
winner.
(c) If the partitioned license is being applied for as a partial
assignment of the MTA or BTA license following grant of the initial
license, request for authorization for partial assignment of a
license shall be made pursuant to Sec. 24.839.
(d) Each application for a partitioned area (long-form initial
application or partial assignment application) shall contain a
partitioning plan that must propose to establish a partitioned area
to be licensed that meets the following criteria:
(1) Conforms to established geopolitical boundaries (such as
county lines);
(2) Includes the wireline service area of the rural telephone
company applicant; and
(3) Is reasonably related to the rural telephone company's
wireline service area.
Note: A partitioned service area will be presumed to be
reasonably related to the rural telephone company's wireline service
area if the partitioned service area contains no more than twice the
population overlap between the rural telephone company's wireline
service area and the partitioned area.
(e) Each licensee in each partitioned area will be responsible
for meeting the construction requirements in its area (see
Sec. 24.203).
Section 24.720 Definitions
(a) Scope. The definitions in this section apply to
Secs. 24.709-24.715, unless otherwise specified in those sections.
(b) Small Business; Consortium of Small Businesses.
(1) A small business is an entity that--
(i) Together with its affiliates has average annual gross
revenues that are not more than $40 million for the proceeding three
calendar years;
(ii) Has no attributable investor or affiliate that has a
personal net worth of $40 million or more;
(iii) Has a control group all of whose members and affiliates
are considered in determining whether the entity meets the $40
million annual gross revenues and personal net worth standards; and
(iv) Such control group holds 50.1 percent of the entity's
voting interest, if a corporation, and at least 25 percent of the
entity's equity on a fully diluted basis, except that a business
owned by members of minority groups and/or women (as defined in
paragraph(c) of this section) may also qualify as a small business
if a control group that is 100 percent composed of members of
minority groups and/or women holds 50.1 percent of the entity's
voting interests, if a corporation, and 50.1 percent of the entity's
total equity on a fully diluted basis and no single other investor
holds more than 49.9 percent of passive equity in the entity.
Ownership interests shall be calculated on a fully diluted basis;
all agreements such as warrants, stock options and convertible
debentures will generally be treated as if the rights thereunder
already have been fully exercised, except that the such agreements
may not be used to appear to terminate or divest ownership interests
before they actually do so.
(2) For purposes of determining whether an entity meets the $40
million gross revenues and $40 million personal net worth standards
in paragraph (b)(1) of this section, gross revenues and personal net
worth shall be attributed to the entity and aggregated as provided
in Sec. 24.709(b), except that Sec. 24.709(b)(4)(iii) shall not
apply.
(3) A small business consortium is a conglomerate organization
formed as a joint venture between mutually-independent business
firms, each of which individually satisfies the definition of a
small business in paragraph (b)(1) of this section.
(c) Business Owned by Members of Minority Groups and/or Women. A
business owned by members of minority groups and/or women is an
entity:
(1) That has a control group composed 100 percent of members of
minority groups and/or women who are United States Citizens, and
(2) Such control group owns and holds 50.1 percent of the voting
interests, if a corporation, and
(i) Owns and holds 50.1 percent of the total equity in the
entity, provided that all other investors hold passive interests; or
(ii) Holds 25 percent of the total equity in the entity,
provided that no single other investor holds more than 25 percent
passive equity interests in the entity. Ownership interests shall be
calculated on a fully diluted basis; all agreements such as
warrants, stock options and convertible debentures will generally be
treated as if the rights thereunder already have been fully
exercised, except that the such agreements may not be used to appear
to terminate or divest ownership interests before they actually do
so.
(d) Small Business Owned by Members of Minority Groups and/or
Women; Consortium of Small Businesses Owned by Members of Minority
Groups and/or Women. A small business owned by members of minority
groups and/or women is an entity that meets the definitions in both
paragraphs (b) and (c) of this section. A consortium of small
businesses owned by members of minority groups and/or women is a
conglomerate organization formed as a joint venture between
mutually-independent business firms, each of which individually
satisfies the definition of a small business in paragraphs (b)(1)
and (c) of this section.
(e) Rural Telephone Company. A rural telephone company is a
local exchange carrier having 100,000 or fewer access lines,
including all affiliates.
(f) Gross Revenues. Gross revenues shall mean all income
received by an entity, whether earned or passive, before any
deductions are made for costs of doing business (e.g., cost of goods
sold), as evidenced by audited quarterly financial statements for
the relevant period.
(g) Total Assets. Total assets shall mean the book value (except
where generally accepted accounting principles (GAAP) require market
valuation) of all property owned by an entity, whether real or
personal, tangible or intangible, as evidenced by the most recent
audited quarterly financial statements.
(h) Personal Net Worth. Personal net worth shall mean the market
value of all assets (real and personal, tangible and intangible)
owned by an individual, less all liabilities (including personal
guarantees) owed by the individual in his individual capacity or as
a joint obligor.
(i) Members of Minority Groups. Members of minority groups
includes individuals of African American, Hispanic-surnamed,
American Eskimo, Aleut, American Indian and Asian American
extraction.
(j) Passive Equity. Passive equity shall mean:
(1) For corporations, non-voting stock or stock that includes no
more than five percent of the voting equity;
(2) For partnerships, joint ventures and other non-corporate
entities, limited partnership interests and similar interests that
do not afford the power to exercise control of the entity.
(k) Control Group. A control group is an entity, or a group of
individuals or entities that possesses de jure control and de facto
control of an applicant or licensee, and as to which the applicant's
or licensee's charters, bylaws, agreements and any other relevant
documents (and amendments thereto) provide:
(1) That the entity and/or its members own unconditionally at
least 50.1 percent of the total voting interests of a corporation;
(2) That the entity and/or its members receive at least 50.1
percent of the annual distribution of any dividends paid on the
voting stock of a corporation;
(3) That, in the event of dissolution or liquidation of a
corporation, the entity and/or its members are entitled to receive
100 percent of the value of each share of stock in its possession
and a percentage of the retained earnings of the concern that is
equivalent to the amount of equity held in the corporation; and
(4) That the entity and/or its members have the right to receive
dividends, profits and regular and liquidating distributions from
the business in proportion to its interest in the total equity of
the applicant or licensee.
Note: Voting control does not always assure de facto control,
such as, for example, when the voting stock of the control group is
widely dispersed (see, e.g., Sec. 24.270(l)(2)(iii)).
(l) Affiliate. (1) An individual or entity is an affiliate of:
(i) An applicant; or
(ii) A person holding an attributable interest in an applicant
under Sec. 24.709 (both referred to herein as ``the applicant'') if
such individual or entity--
(A) Directly or indirectly controls or has the power to control
the applicant, or
(B) Is directly or indirectly controlled by the applicant, or
(C) Is directly or indirectly controlled by a third party or
parties that also controls or has the power to control the
applicant, or
(D) Has an ``identity of interest'' with the applicant.
(2) Nature of control in determining affiliation.
(i) Every business concern is considered to have one or more
parties who directly or indirectly control or have the power to
control it. Control may be affirmative or negative and it is
immaterial whether it is exercised so long as the power to control
exists.
Example. An applicant owning 50 percent of the voting stock of
another concern would have negative power to control such concern
since such party can block any action of the other stockholders.
Also, the bylaws of a corporation may permit a stockholder with less
than 50 percent of the voting stock to block any actions taken by
the other stockholders in the other entity. Affiliation exists when
the applicant has the power to control a concern while at the same
time another person, or persons, are in control of the concern at
the will of the party or parties with the power to control.
(ii) Control can arise through stock ownership; occupancy of
director, officer or key employee positions; contractual or other
business relations; or combinations of these and other factors. A
key employee is an employee who, because of his/her position in the
concern, has a critical influence in or substantive control over the
operations or management of the concern.
(iii) Control can arise through management positions where a
concern's voting stock is so widely distributed that no effective
control can be established.
Example. In a corporation where the officers and directors own
various size blocks of stock totaling 40 percent of the
corporation's voting stock, but no officer or director has a block
sufficent to give him or her control or the power to control and the
remaining 60 percent is widely distributed with no individual
stockholder having a stock interest greater than 10 percent,
management has the power to control. If persons with such management
control of the other entity are persons with attributable interests
in the applicant, the other entity will be deemed an affiliate of
the applicant.
(3) Identity of interest between and among persons. Affilation can
arise between or among two or more persons with an identity of
interests, such as members of the same family or persons with common
investments. In determining if the applicant controls or has the power
to control a concern, persons with an identity of interest will be
treated as though they were one person.
Example. Two shareholders in Corporation Y each have
attributable interests in the same PCS application. While neither
shareholder has enough shares to individually control Coporation Y,
together they have the power to control Corporation Y. The two
shareholders with these common investments (or identity in interest)
are treated as though they are one person and Coporation Y would be
deemed an affiliate of the applicant.
(i) Spousal Affliation. Both spounses are deemed to own or
control or have the power to control interests owned or controlled
by either of them, unless they are subject to a legal separation
recognized by a court of competent jurisdiction in the United
States. In calculating their net worth, investors who are legally
separated must include their share of interests in property held
jointly with a spouse.
(ii) Kinship Affiliation. Immediate family members will be
presumed to own or control or have the power to control interests
owned or controlled by other immediate family members. In this
context ``immediate family member'' means father, mother, husband,
wife, son, daughter, brother, sister, father- or mother-in-law, son-
or daughter-in-law, brother- or sister-in-law, step-father or -
mother, step-brother or -sister, step-son or -daughter, half brother
or sister. This presumption may be rebutted by showing that
(A) The family members are estranged,
(B) The family ties are remote, or
(C) The family members are not closely involved with each other
in business matters.
Example: A owns a controlling interest n Corporation X. A's
sister-in-law, B, has an attributable interestin a PCS application.
Because A and B have a presumptive kinship affiliation, A's interest
in Corporation X is attributable to B, and thus to the applicant,
unless B rebuts the presumption with the necessary showing
(4) Affiliation through stock ownership.
(i) An applicant is presumed to control or have the power to
control a concern if he or she owns or controls or has the power to
control 50 percent or more of its voting stock.
(ii) An applicant is presumed to control or have the power to
control a concern even though he or she owns, controls or has the
power to control less than 50 percent of the concern's voting stock,
if the block of stock he or she owns, controls or has the power to
control is large as compared with any other oustnding block of
stock.
(iii) If two or more persons each owns, controls or has the
power to control less than 50 percent of the voting stock of a
concern, such minority holdings are equal or approximately equal in
size, and the aggregate of these minority holdings is large as
compared with any other stock holding, the presumption arises that
each one of these persons individually controls or has the power to
control the concern; however, such presumption may be rebutted by a
showing that such control or power to control, in fact, does not
exist.
(5) Affilation arising under stock options, convertible
debentures, and agreement to merge. Stock, options, convertible
debentures, and agreements to merge (including agreements in
principle) are generally considered to have a present effect on the
power to control the concern. Therefore, in making a size
determination, such options, debentures, and agreements are
generally treated as though the rights held thereunder had been
exercised. However, an affilate cannot use such options and
debentures to appear to terminate its control over another concern
before it actually does so.
Example 1. If company B holds an option to purchase a
controlling interest in company A, who holds an attributable
interest in a PCS application, the situation is treated as though
company B had exercised its rights and had become owner of a
controlling interest in company A. The gross revenues of company B
must be taken into account in determining the size of the applicant.
Example 2. If a large company, BigCo, holds 70% (70 of 100
outstanding shares) of the voting stock of company A, who holds an
attributable interest in a PCS application, and gives a third party,
SmallCo, an option to purchase 50 of the 70 shares owned by BigCo,
BigCo will be deemed to be an affilate of company A, and thus the
applicant, until SmallCo actually exercises its option to purchase
such shares. In order to prevent BigCo from circumventing the intent
of the rule which requires such options to be considered on a fully
diluted basis, the option is not considered to have present effect
in this case.
Example 3. If company A has entered into an agreement to merge
with company B in the future, the situation is treated as though the
merger has taken place.
(6) Affiliation under voting trusts.
(i) Stock interests held in trust shall be deemed controlled by
any person who holds or shares the power to vote such stock, to any
person who has the sole power to sell such stock, and to any person
who has the right to revoke the trust at will or to replace the
trustee at will.
(ii) If a trustee has a familial, personal or extra-trust
business relationship to the grantor or the beneficiary, the stock
interests held in trust will be deemed controlled by the grantor or
beneficiary, as appropriate.
(iii) If the primary purpose of a voting trust, or similar
agreement, is to separate voting power from beneficial ownership of
voting stock for the purpose of shifting control of or the power to
control a concern in order that such concern or another concern may
meet the Commission's size standards, such voting trust shall not be
considered valid for this purpose regardless of whether it is or is
not recognized within the appropriate jurisdiction.
(7) Affiliation through common management. Affiliation generally
arises where officers, directors, or key employees serve as the
majority or otherwise as the controlling element of the board of
directors and/or the management of another entity.
(8) Affiliation through common facilities. Affiliation generally
arises where one concern shares office space and/or employees and/or
other facilities with another concern, particularly where such
concerns are in the same or related industry or field of operations,
or where such concerns were formerly affiliated, and through these
sharing arrangements one concern has control, or potential control,
of the other concern.
(9) Affiliation through contractual relationships. Affiliation
generally arises where once concern is dependent upon another
concern for contracts and business to such a degree that one concern
has control, or potential control, of the other concern.
(10) Affiliation under joint venture arrangements.
(i) A joint venture for size determination purposes is an
association of concerns and/or individuals, with interests in any
degree or proportion, formed by contract, express or implied, to
engage in and carry out a single, specific business venture for
joint profit for which purpose they combine their efforts, property,
money, skill and knowledge, but not on a continuing or permanent
basis for conducting business generally. The determination whether
an entity is a joint venture is based upon the facts of the business
operation, regardless of how the business operation may be
designated by the parties involved. An agreement to share profits/
losses proportionate to each party's contribution to the business
operation is a significant factor in determining whether the
business operation is a joint venture.
(ii) The parties to a joint venture are considered to be
affiliated with each other.
(m) Publicly Traded Corporation. A publicly traded corporation
is a business entity organized under the laws of the United States
whose shares, debt or other ownership interests are traded on an
organized securities exchange within the United States.
Subpart I--Interim Application, Licensing, and Processing Rules for
Broadband PCS
Sec.
24.801 [Reserved]
24.802 [Reserved]
24.803 Authorization required
24.804 Eligibility
24.805 Formal and informal applications
24.806 Filing of broadband PCS applications; Fees; Number of copies
24.807 [Reserved]
24.808 [Reserved]
24.809 Standard application forms and permissive changes or minor
modifications for the broadband Personal Communications Services
24.810 [Reserved]
24.811 Miscellaneous forms
24.812 [Reserved]
24.813 General application requirements
24.814 [Reserved]
24.815 Technical content of applications; maintenance of list of
station locations
24.816 Station antenna structures
24.817 [Reserved]
24.818 [Reserved]
24.819 Waiver of rules
24.820 Defective applications
24.821 Inconsisent or conflicting applications
24.822 Amendment of application to participate in auction for
licenses in the broadband Personal Communications Services filed on
FCC Form 175
24.823 Amendment of applications for licenses in the broadband
Personal Communications Services (other than applications filed on
FCC Form 175)
24.824 [Reserved]
24.825 Application for temporary authorizations
24.826 Receipt of application; applications in the broadband
Personal Communications Services filed on FCC Form 175 and other
applications in the broadband Personal Communications Services
24.827 Public notice period
24.828 Dismissal and return of applications
24.829 Ownership changes and agreements to amend or to dismiss
applications or pleadings
24.830 Opposition to applications
24.831 Mutually exclusive applications
24.832 Consideration of applications
24.833 [Reserved]
24.834 [Reserved]
24.835 [Reserved]
24.836 [Reserved]
24.837 [Reserved]
24.838 [Reserved]
24.839 Transfer of control or assignment of license
24.840 [Reserved]
24.841 [Reserved]
24.842 [Reserved]
24.843 Extension of time to complete construction
24.844 Termination of authorization
Subpart I--Interim Application, Licensing, and Processing Rules for
Broadband PCS
Section 24.801 [Reserved]
Section 24.802 [Reserved]
Section 24.803 Authorization Required
No person shall use or operate any device for the transmission
of energy or communications by radio in the services authorized by
this part except as provided in this part.
Section 24.804 Eligibility
(a) General. Authorizations will be granted upon proper
application if:
(1) The applicant is qualified under all applicable laws and
Commission regulations, policies and decisions;
(2) There are frequencies available to provide satisfactory
service; and
(3) The public interest, convenience or necessity would be
served by a grant.
(b) Alien ownership. A broadband PCS authorization to provide
Commercial Mobile Radio Service may not be granted to or held by:
(1) Any alien or the representative of any alien.
(2) Any corporation organized under the laws of any foreign
government.
(3) Any corporation of which any officer or director is an alien
or of which more than one-fifth of the capital stock is owned of
record or voted by aliens or their representatives or by a foreign
government or representative thereof or any corporation organized
under the laws of a foreign country.
(4) Any corporation directly or indirectly controlled by any
other corporation of which any officer or more than one-fourth of
the directors are aliens, or of which more than one-fourth of the
capital stock is owned of record or voted by aliens, their
representatives, or by a foreign government or representative
thereof, or by any corporation organized under the laws of a foreign
country, if the Commission finds that the public interest will be
served by the refusal or revocation of such license.
(c) A broadband PCS authorization to provide Private Mobile
Radio Service may not be granted to or held by a foreign government
or a representative thereof.
Section 24.805 Formal and Informal Applications
(a) Except for an authorization under any of the conditions
stated in Section 308(a) of the Communications Act of 1934 (47
U.S.C. Sec. 308(a)), the Commission may grant the following
authorizations only upon written application received by it: station
licenses; modifications of licenses; renewals of licenses; transfers
and assignments of station licenses, or any right thereunder.
(b) Except as may be otherwise permitted by this part, a
separate written application shall be filed for each instrument of
authorization requested. Applications may be:
(1) ``Formal applications'' where the Commission has prescribed
in this Part a standard form; or
(2) ``Informal applications'' (normally in letter form) where
the Commission has not prescribed a standard form.
(c) An informal application will be accepted for filing only if:
(1) A standard form is not prescribed or clearly applicable to
the authorization requested;
(2) It is a document submitted, in duplicate, with a caption
which indicates clearly the nature of the request, radio service
involved, location of the station, and the application file number
(if known); and
(3) It contains all the technical details and informational
showings required by the rules and states clearly and completely the
facts involved and authorization desired.
Section 24.806 Filing of Broadband PCS Applications; Fees; Number
of Copies
(a) As prescribed by Secs. 24.705, 24.707 and 24.809, standard
formal application forms applicable to broadband PCS may be obtained
from either:
(1) Federal Communications Commission, Washington, DC 20554; or
(2) By calling the Commission's Forms Distribution Center, (202)
632-3676.
(b) Applications to participate in competitive bidding for
broadband PCS service must be filed on FCC Form 175 in accordance
with the rules in Sec. 24.705 and Part 1, Subpart Q of this Chapter.
In the event of mutual exclusivity between applicants filing FCC
Form 175, only auction winners will be eligible to file subsequent
long-form applications on FCC Form 401 to provide broadband PCS
service. Mutually exclusive applications filed on FCC Form 175 are
subject to competitive bidding under those rules. Broadband PCS
applicants filing FCC Form 401 need not complete Schedule B.
(c) All applications for broadband PCS licenses (other than
applications to participate in competitive bidding filed on FCC Form
175) shall be submitted for filing to: Federal Communications
Commission, Washington, DC 20554, Attention: Broadband PCS
Processing Section.
Applications requiring fees as set forth at Part 1, Subpart G of
this chapter must be filed in accordance with Sec. 0.401(b) of this
Chapter.
(d) All correspondence or amendments concerning a submitted
application shall clearly identify the name of the applicant,
applicant identification number or Commission file number (if known)
or station call sign of the application involved, and may be sent
directly to the Common Carrier Bureau, Broadband PCS Processing
Section.
(e) Except as otherwise specified, all applications, amendments,
correspondence, pleadings and forms (including FCC Form 175) shall
be submitted on one original paper copy and with three microfiche
copies, including exhibits and attachments thereto, and shall be
signed as prescribed by Sec. 1.743 of this Chapter. Filings of five
pages or less are exempt from the requirement to submit on
microfiche, as are emergency filings such as letters requesting
special temporary authority. Those filing any amendments,
correspondence, pleadings and forms must simultaneously submit the
original hard copy which must be stamped ``original''. Abbreviations
may be used if they are easily understood. In addition to the
original hard copy, those filing pleadings, including pleadings
under Sec. 1.2108 of this Chapter, shall also submit two paper
copies as provided in Sec. 1.51 of this Chapter.
(1) Microfiche copies. Each microfiche copy must be a copy of
the signed original. Each microfiche copy shall be a 148mm X 105mm
negative (clear transparent characters appearing on an opaque
background) at 24X to 27X reduction for microfiche or microfiche
jackets. One of the microfiche sets must be a silver halide camera
master or a copy made on silver halide film such as Kodak Direct
Duplicatory Film. The microfiche must be placed in paper microfiche
envelopes and submitted in a B6 (125mm x 176mm) or 5 x 7.5 inch
envelope. All applicants must leave Row ``A'' (the first row for
page images) of the first fiche blank for in-house identification
purposes. Each microfiche copy of pleadings shall include:
(i) The month and year of the document;
(ii) The name of the document;
(iii) The name of the filing party;
(iv) The file number, applicant identification number, and call
sign, if assigned;
(v) The identification number and date of the Public Notice
announcing the auction in response to which the application was
filed (if applicable).
(2) All applications and all amendments must have the following
information printed the mailing envelope, the microfiche envelope,
and on the title area at the top of the microfiche:
(i) The name of the applicant;
(ii) The type of application (e.g., 30 MHz MTA, 30 MHz BTA, 10
MHz BTA);
(iii) The month and year of the document;
(iv) The name of the document;
(v) The file number, applicant identification number, and call
sign, if assigned; and
(vi) The identification number and date of the Public Notice
announcing the auction in response to which the application was
filed (if applicable).
Section 24.807 [Reserved]
Section 24.808 [Reserved]
Section 24.809 Standard Application Forms and Permissive Changes
or Minor Modifications for the Broadband Personal Communications
Services
(a) Applicants to participate in competitive bidding for
broadband PCS licenses must be filed on FCC Forms 175 and 175-S.
(b) Subsequent application by auction winners or non-mutually
exclusive applicants for broadband PCS licenses under Part 24. FCC
Form 401 (``Application for New or Modified Common Carrier Radio
Station Under Part 22'') shall be submitted by each auction winner
for each broadband PCS license applied for on FCC Form 175. In the
event that mutual exclusivity does not exist with respect to a
license identified on an applicant's FCC Form 175, the Commission
will so inform the applicant and the applicant will also file FCC
Form 401. Blanket licenses are granted for each market frequency
block. Applications for individual sites are not needed and will not
be accepted. See Sec. 24.11. Broadband PCS applicants filing FCC
Form 401 need not complete Schedule B.
(c) Extensions of time and reinstatement. When a licensee cannot
complete construction in accordance with the provisions of
Sec. 24.203, a timely application for extension of time (FCC Form
489) must be filed.
(d) License for mobile subscriber station--These stations are
considered to be associated with and covered by the authorization
issued to the carrier serving the land mobile station. No additional
authorization is required.
Section 24.810 [Reserved]
Section 24.811 Miscellaneous Forms
(a) Licensee qualifications. FCC Form 430 (``Common Carrier and
Satellite Radio Licensee Qualifications Report'') shall be filed by
broadband Personal Communications Service licensees only as required
by Form 490 (Application for Assignment or Transfer of Control Under
Part 22).
(b) Renewal of station license. Except for renewal of special
temporary authorizations, FCC Form 405 (``Application for Renewal of
Station License'') must be filed in duplicate by the licensee
between thirty (30) and sixty (60) days prior to the expiration date
of the license sought to be renewed.
Section 24.812 [Reserved]
Section 24.813 General Application Requirements
(a) Each application (including applications filed on Forms 175
and 401) for a broadband PCS license or for consent to assign or
transfer control of a broadband PCS license shall disclose fully the
real party or parties in interest and must include in an exhibit the
following information:
(1) A list of any business five percent or more of whose stock,
warrants, options or debt securities are owned by the applicant or
an officer, director, stockholder or key management personnel of the
applicant. This list must include a description of each such
business principal business and a description of each such business'
relationship to the applicant.
(2) A list of any party which holds a five percent or more
interest in the applicant, or any entity in which a five percent or
more interest is held by another party which holds a five percent or
more interest in the applicant (e.g., If Company A owns 5% of
Company B (the applicant) and 5% of Company C, then Companies A and
C must be listed on Company B's application).
(3) A list of the names, addresses, citizenship and principal
business of any person holding five percent or more of each class of
stock, warrants, options or debt securities together with the amount
and percent held, and the name, address, citizenship and principal
place of business of any person on whose account, if other than the
holder, such interest is held. If any of these persons are related
by blood or marriage, include such relationship in the statement.
(4) In the case of partnerships, the name and address of each
partner, each partner's citizenship and the share or interest
participation in the partnership. This information must be provided
for all partners, regardless of their respective ownership interests
in the partnership. A signed and dated copy of the partnership
agreement must be included in the application.
(b) Each application for a broadband PCS license must;
(1) Submit the information required by the Commission's Rules,
requests and application forms;
(2) Be maintained by the applicant substantially accurate and
complete in all significant respects in accordance with the
provisions of Sec. 1.65 of this chapter;
(3) Show compliance with and make all special showings that may
be applicable;
(c) Where documents, exhibits, or other lengthy showings already
on file with the Commission contain information which is required by
an application form, the application may specifically refer to such
information, if:
(1) The information previously filed is over one A4 (21 cm x
29.7 cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length,
and all information referenced therein is current and accurate in
all significant respects under Sec. 1.65 of this chapter; and
(2) The reference states specifically where the previously filed
information can actually be found, including mention of:
(i) The station call sign or application file number whenever
the reference is to station files or previously filed applications;
and
(ii) The title of the proceeding, the docket number, and any
legal citations, whenever the reference is to a docketed proceeding.
However, questions on an application form which call for specific
technical data, or which can be answered by a ``yes'' or ``no'' or
other short answer shall be answered as appropriate and shall not be
cross-referenced to a previous filing.
(d) In addition to the general application requirements of
Subpart F and Secs. 1.2105 of this Chapter, 24.813 and 24.815,
applicants shall submit any additional documents, exhibits, or
signed written statements of fact:
(1) As may be required by these rules; and
(2) As the Commission, at any time after the filing of an
application and during the term of any authorization, may require
from any applicant, permittee or licensee to enable it to determine
whether a radio authorization should be granted, denied or revoked.
(e) Except when the Commission has declared explicitly to the
contrary, an informational requirement does not in itself imply the
processing treatment of decisional weight to be accorded the
response.
(f) All applicants (except applicants filing FCC Form 175) are
required to indicate at the time their application is filed whether
or not a Commission grant of the application may have a significant
environmental impact as defined by Sec. 1.1307 of this Chapter. If
answered affirmatively, the requisite environmental assessment as
prescribed in Sec. 1.1311 of this Chapter must be filed with the
application and Commission environmental review must be completed
prior to construction. See Sec. 1.1312 of this chapter. All
broadband PCS licensees are subject to a continuing obligation to
determine whether subsequent construction may have a significant
environmental impact prior to undertaking such construction and to
otherwise comply with Sec. 1.1301 through 1.1319 of this Chapter.
See Sec. 1.1312 of this Chapter.
Section 24.814 [Reserved]
Section 24.815 Technical Content of Applications; Maintenance of
List of Station Locations
(a) All applications required by this part shall contain all
technical information required by the application forms or
associated Public Notice(s). Applications other than initial
applications for a broadband PCS license must also comply with all
technical requirements of the rules governing the broadband PCS (see
Subparts C and E of this Part as appropriate). The following
paragraphs describe a number of general technical requirements.
(b) Each application (except applications for initial licenses
filed on Form 175) for a license for broadband PCS must comply with
the provisions of Secs. 24.229-24.238 of the Commission's Rules.
(c)-(i) [Reserved]
(j) The location of the transmitting antenna shall be considered
to be the station location. Broadband PCS licensees must maintain a
current list of all station locations, which must describe the
transmitting antenna site by its geographical coordinates and also
by conventional reference to street number, landmark, or the
equivalent. All such coordinates shall be specified in terms of
degrees, minutes, and seconds to the nearest second of latitude and
longitude.
Section 24.816 Station Antenna Structures
(a) Unless the broadband PCS licensee has received prior
approval from the FCC, no antenna structure, including radiating
elements, tower, supports and all appurtenances, may be higher than
61 m (200 feet) above ground level at its site.
(b) Unless the broadband PCS licensee has received prior
approval from the FCC, no antenna structure that is located either
at an airport or heliport that is available for public use and is
listed in the Airport Directory of the current Airman's Information
Manual or in either the Alaska or Pacific Airman's Guide and Chart
Supplement, at an airport or heliport under construction that is the
subject of a notice or proposal on file with the FAA and, except for
military airports, it is clearly indicated that the airport will be
available for public use, or at an airport or heliport that is
operated by the armed forces of the United States, or at a place
near any of these airports of heliports, may be higher than:
(1) 1 m above the airport elevation for each 100 m from the
airport runway longer than 1 km within 6.1 km of the antenna
structure.
(2) 2 m above the airport elevation for each 100 m from the
nearest runway shorter than 1 km within 3.1 km of the antenna
structure.
(3) 4 m above the airport elevation for each 100 m from the
nearest landing pad within 1.5 km of the antenna structure.
(c) A broadband PCS station antenna structure no higher than 6.1
m (20 feet) above ground level at its site or no higher than 6.1 m
above any natural object or existing manmade structure, other than
an antenna structure, is exempt from the requirements of paragraphs
(a) and (b) of this section.
(d) Further details as to whether an aeronautical study and/or
obstruction marking and lighting may be required, and specifications
for obstruction marking and lighting, are contained in Part 17 of
the FCC Rules, Construction, Marking and Lighting of Antenna
Structures. To request approval to place an antenna structure higher
than the limits specified in paragraph (a), (b), and (c) of this
section, the licensee must notify the Federal Aviation
Administration (FAA) on FAA From 7460-1 and the FCC on FCC Form 854.
Sections 24.817-24.818 [Reserved]
Section 24.819 Waiver of Rules
(a) Requests for waiver.
(1) A waiver of these rules may be granted upon application or
by the Commission on its own motion. Requests for waivers shall
contain a statement of reasons sufficient to justify a waiver.
Waivers will not be granted except upon an affirmative showing:
(i) That the underlying purpose of the rule will not be served,
or would be frustrated, by its application in a particular case, and
that grant of the waiver is otherwise in the public interest; or
(ii) That the unique facts and circumstances of a particular
case render application of the rule inequitable, unduly burdensome
or otherwise contrary to the public interest. Applicants must also
show the lack of a reasonable alternative.
(2) If the information necessary to support a waiver request is
already on file, the applicant may cross-reference to the specific
filing where it may be found.
(b) Denial of waiver, alternate showing required. If a waiver is
not granted, the application will be dismissed as defective unless
the applicant has also provided an alternative proposal which
complies with the Commission's rules (including any required
showings).
Section 24.820 Defective Applications
(a) Unless the Commission shall otherwise permit, an application
will be unacceptable for filing and will be returned to the
applicant with a brief statement as to the omissions or
discrepancies if:
(1) The application is defective with respect to completeness of
answers to questions, informational showings, execution or other
matters of a formal character; or
(2) The application does not comply with the Commission's rules,
regulations, specific requirements for additional information or
other requirements. See also Sec. 1.2105 of this Chapter.
(b) Some examples of common deficiencies which result in
defective applications under paragraph (a) of this section are:
(1) The application is not filled out completely and signed;
(2)-(4) [Reserved]
(5) The application (other an application filed on FCC Form 175)
does not include an environmental assessment as required for an
action that may have a significant impact upon the environment, as
defined in Sec. 1.1307 of this chapter.
(6) [Reserved]
(7) The application is filed prior to the Public Notice issued
under Sec. 24.705, announcing the application filing date for the
relevant auction or after the cutoff date prescribed in that Public
Notice.
(c) [Reserved]
(d) If an applicant is requested by the Commission to file any
documents or any supplementary or explanatory information not
specifically required in the prescribed application form, a failure
to comply with such request within a specified time period will be
deemed to render the application defective and will subject it to
dismissal.
Section 24.821 Inconsistent or Conflicting Applications
While an application is pending and undecided, no subsequent
inconsistent or conflicting application may be filed by the same
applicant, its successor or assignee, or on behalf or for the
benefit of the same applicant, its successor or assignee.
Section 24.822 Amendment of Application to Participate in Auction
for Licenses in the Broadband Personal Communications Services
Filed on FCC Form 175
(a) The Commission will provide bidders a limited opportunity to
cure defects in FCC Form 175 specified herein except for failure to
sign the application and to make certifications, defects which may
not be cured. See also Sec. 1.2105 of this Chapter.
(b) In the broadband PCS, the only amendments to FCC Form 175
which will be permitted are minor amendments to correct minor errors
or defects such as typographical errors. All other amendments to FCC
Form 175, such as changes in the information supplied pursuant to
Sec. 24.813(a) or changes in the identification of parties to
bidding consortia, will be considered to be major amendments. An FCC
Form 175 which is amended by a major amendment will be considered to
be newly filed and cannot be resubmitted after applicable filing
deadlines. See also Sec. 1.2105 of this Chapter.
Section 24.823 Amendment of Applications for Licenses in the
Broadband Personal Communications Services (Other Than Applications
Filed on FCC Form 175)
(a) Amendments as of right. A pending application may be amended
as a matter of right if the application has not been designated for
hearing.
(1) Amendments shall comply with Sec. 24.829, as applicable; and
(2) Amendments which resolve interference conflicts or
amendments under Sec. 24.829 may be filed at any time.
(b) The Commission or the presiding officer may grant requests
to amend an application designated for hearing only if a written
petition demonstrating good cause is submitted and properly served
upon the parties of record.
(c) Major amendments, minor amendments. The Commission will
classify all amendments as minor except in the cases listed below.
An amendment shall be deemed to be a major amendment subject to
Sec. 24.827 if it proposes a substantial change in ownership or
control.
(d) If a petition to deny (or other formal objection) has been
filed, any amendment, request for waiver or other written
communication shall be served on the petitioner, unless waiver of
this requirement is granted pursuant to paragraph (e) of this
section. See also Sec. 1.2108 of this Chapter.
(e) The Commission may waive the service requirements of
paragraph (d) of this section and prescribe such alternative
procedures as may be appropriate under the circumstances to protect
petitioners' interests and to avoid undue delay in a proceeding, if
an applicant submits a request for waiver which demonstrates that
the service requirement is unreasonably burdensome.
(f) Any amendment to an application shall be signed and shall be
submitted in the same manner, and with the same number of copies, as
was the original application. Amendments may be made in letter form
if they comply in all other respects with the requirements of this
chapter.
(g) An application will be considered to be a newly-filed
application if it is amended by a major amendment (as defined in
this section), except in the following circumstances:
(1) [Reserved]
(2) [Reserved]
(3) The amendment reflects only a change in ownership or control
found by the Commission to be in the public interest;
(4) [Reserved]
(5) The amendment corrects typographical transcription or
similar clerical errors which are clearly demonstrated to be
mistakes by reference to other parts of the application, and whose
discovery does not create new or increased frequency conflicts.
Section 24.824 [Reserved]
Section 24.825 Application for Temporary Authorizations
(a) In circumstances requiring immediate or temporary use of
facilities, request may be made for special temporary authority to
install and/or operate new or modified equipment. Any such request
may be submitted as an informal application in the manner set forth
in Sec. 24.805 and must contain full particulars as to the proposed
operation including all facts sufficient to justify the temporary
authority sought and the public interest therein. No such request
will be considered unless the request is received by the Commission
at least 10 days prior to the date of proposed construction or
operation or, where an extension is sought, at least 10 days prior
to the expiration date of the existing temporary authorization. The
Commission may accept a late-filed request upon due showing of
sufficient reasons for the delay in submitting such request.
(b) Special temporary authorizations may be granted without
regard to the 30-day public notice requirements of Sec. 24.827(b)
when:
(1) The authorization is for a period not to exceed 30 days and
no application for regular operation is contemplated to be filed;
(2) The authorization is for a period not to exceed 60 days
pending the filing of an application for such regular operation;
(3) The authorization is to permit interim operation to
facilitate completion of authorized construction or to provide
substantially the same service as previously authorized; or
(4) The authorization is made upon a finding that there are
extraordinary circumstances requiring operation in the public
interest and that delay in the institution of such service would
seriously prejudice the public interest.
(c) Temporary authorizations of operation not to exceed 180 days
may be granted under the standards of Section 309(f) of the
Communications Act where extraordinary circumstances so require.
Extensions of the temporary authorization for a period of 180 days
each may also be granted, but the applicant bears a heavy burden to
show that extraordinary circumstances warrant such an extension.
(d) In cases of emergency found by the Commission, involving
danger to life or property or due to damage of equipment, or during
a national emergency proclaimed by the president or declared by the
Congress or during the continuance of any war in which the United
States is engaged and when such action is necessary for the national
defense or safety or otherwise is furtherance of the war effort, or
in cases of emergency where the Commission finds that it would not
be feasible to secure renewal applications from existing licenses or
otherwise to follow normal licensing procedure, the Commission will
grant radio station authorizations and station licenses, or
modifications or renewal thereof, during the emergency found by the
Commission or during the continuance of any such national emergency
or war, as special temporary licenses, only for the period of
emergency or war requiring such station, without the filing of
formal applications.
Section 24.826 Receipt of Application; Applications in the
Broadband Personal Communications Services Filed on FCC Form 175
and Other Applications in the Broadband Personal Communications
Services
(a) All applications for the initial provision of broadband PCS
must be submitted on FCC Forms 175 and 175-S. Mutually exclusive
initial applications in the broadband Personal Communications
Services are subject to competitive bidding. FCC Form 401
(``Application for New or Modified Common Carrier Radio Station
Under Part 22'') must be submitted by each winning bidder for each
broadband PCS license for which application was made on FCC Form
175. In the event that mutual exclusivity does not exist between
applicants for a broadband PCS license that have filed FCC Form 175,
the sole applicant will be required to file FCC Form 401. The
aforementioned Forms 175, 175-S, and 401 are subject to the
provisions of 47 CFR Part 1, Subpart Q (``Competitive Bidding
Proceedings'') and Subpart H of this Part. Blanket licenses are
granted for each market frequency block. Applications for individual
sites are not needed and will not be accepted. See Sec. 24.11.
(b) Applications received for filing are given a file number.
The assignment of a file number to an application is merely for
administrative convenience and does not indicate the acceptance of
the application for filing and processing. Such assignment of a file
number will not preclude the subsequent return or dismissal of the
application if it is found to be not in accordance with the
Commission's Rules.
(c) Acceptance of an application for filing merely means that it
has been the subject of a preliminary review as to completeness.
Such acceptance will not preclude the subsequent return or dismissal
of the application if it is found to be defective or not in
accordance with the Commission's rules. (See Sec. 24.813 for
additional information concerning the filing of applications.)
Section 24.827 Public Notice Period
(a) At regular intervals, the Commission will issue a public
notice listing:
(1) The acceptance for filing of all applications and major
amendments thereto;
(2) Significant Commission actions concerning applications
listed as acceptable for filing;
(3) Information which the Commission in its discretion believes
of public significance. Such notices are intended solely for the
purpose of informing the public and do not create any rights in an
applicant or any other person.
(4) Special environmental considerations as required by Part 1
of this chapter.
(b) The Commission will not grant any application until
expiration of a period of thirty (30) days following the issuance
date of a public notice listing the application, or any major
amendments thereto, as acceptable for filing; provided, however,
that the Commission will not grant an application filed on Form 401
filed either by a winning bidder or by an applicant whose Form 175
application is not mutually exclusive with other applicants, until
the expiration of a period of forty (40) days following the issuance
of a public notice listing the application, or any major amendments
thereto, as acceptable for filing. See also Sec. 1.2108 of this
Chapter.
(c) As an exception to paragraphs (a)(1), (a)(2) and (b) of this
section, the public notice provisions are not applicable to
applications:
(1) For authorization of a minor technical change in the
facilities of an authorized station where such a change would not be
classified as a major amendment (as defined by Sec. 24.823) were
such a change to be submitted as an amendment to a pending
application;
(2) For issuance of a license subsequent to a radio station
authorization or, pending application for a grant of such license,
any special or temporary authorization to permit interim operation
to facilitate completion of authorized construction or to provide
substantially the same service as would be authorized by such
license;
(3) For extension of time to complete construction of authorized
facilities (see Sec. 24.203;
(4) For temporary authorization pursuant to Sec. 24.825(b);
(5) [Reserved]
(6) For an authorization under any of the proviso clauses of
Section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
(7) For consent to an involuntary assignment or transfer of
control of a radio authorization; or
(8) For consent to a voluntary assignment or transfer of control
of a radio authorization, where the assignment or transfer does not
involve a substantial change in ownership or control.
Section 24.828 Dismissal and Return of Applications
(a) Except as provided under Sec. 24.829, any application may be
dismissed without prejudice as a matter of right if the applicant
requests its dismissal prior to designation for hearing or, in the
case of applications filed on Forms 175 and 175-S, prior to auction.
An applicant's request for the return of his application after it
has been accepted for filing will be considered to be a request for
dismissal without prejudice. Applicants requesting dismissal of
their applications may be subject to penalties contained in
Sec. 1.2104 of this Chapter. Requests for dismissal shall comply
with the provisions of Sec. 24.829 as appropriate.
(b) A request to dismiss an application without prejudice will
be considered after designation for hearing only if:
(1) A written petition is submitted to the Commission and is
properly served upon all parties of record, and
(2) The petition complies with the provisions of Sec. 24.829
(whenever applicable) and demonstrates good cause.
(c) The Commission will dismiss an application for failure to
prosecute or for failure to respond substantially within a specified
time period to official correspondence or requests for additional
information. Dismissal shall be without prejudice if made prior to
designation for hearing or prior to auction, but dismissal may be
made with prejudice for unsatisfactory compliance with Sec. 24.829
or after designation for hearing or after the applicant is notified
that it is the winning bidder under the auction process.
Section 24.829 Ownership Changes and Agreements to Amend or to
Dismiss Applications or Pleadings
(a) Applicability. Subject to the provisions of Sec. 1.2105 of
this Chapter (Bidding Application and Certification Procedures;
Prohibition of Collusion), this section applies to applicants and
all other parties interested in pending applications who wish to
resolve contested matters among themselves with a formal or an
informal agreement or understanding. This section applies only when
the agreement or understanding will result in:
(1) A major change in the ownership of an applicant to which
Secs. 24.823(c) and 24.823(g) apply or which would cause the
applicant to lose its status as a designated entity under
Sec. 24.709, or
(2) The individual or mutual withdrawal, amendment or dismissal
of any pending application, amendment, petition or other pleading.
(b) Policy. Parties to contested proceedings are encouraged to
settle their disputes among themselves. Parties that, under a
settlement agreement, apply to the Commission for ownership changes
or for the amendment or dismissal of either pleadings or
applications shall at the time of filing notify the Commission that
such filing is the result of an agreement or understanding.
(c) The provisions of Sec. 22.927 of the Commission's Rules will
apply in the event of the filing of petitions to deny or other
pleadings or informal objections filed against broadband PCS
applications. The provisions of Sec. 22.928 of the Commission's
Rules will apply in the event of dismissal of broadband PCS
applications. The provisions of Sec. 22.929 of the Commission's
Rules will apply in the event of threats to file petitions to deny
or other pleadings or informal objections against broadband PCS
applications.
Section 24.830 Opposition to Applications
(a) Petitions to deny (including petitions for other forms of
relief) and responsive pleadings for Commission consideration must
comply with Sec. 1.2108 of this Chapter and must:
(1) Identify the application or applications (including
applicant's name, station location, Commission file numbers and
radio service involved) with which it is concerned;
(2) Be filed in accordance with the pleading limitations, filing
periods, and other applicable provisions of Secs. 1.41 through 1.52
of this Chapter except where otherwise provided in Sec. 1.2108 of
this Chapter;
(3) Contain specific allegations of fact which, except for facts
of which official notice may be taken, shall be supported by
affidavit of a person or persons with personal knowledge thereof,
and which shall be sufficient to demonstrate that the petitioner (or
respondent) is a party in interest and that a grant of, or other
Commission action regarding, the application would be prima facie
inconsistent with the public interest;
(4) Be filed within thirty (30) days after the date of public
notice announcing the acceptance for filing of any such application
or major amendment thereto (unless the Commission otherwise extends
the filing deadline); and
(5) Contain a certificate of service showing that it has been
mailed to the applicant no later than the date of filing thereof
with the Commission.
(b) A petition to deny a major amendment to a previously-filed
application may only raise matters directly related to the amendment
which could not have been raised in connection with the underlying
previously-filed application. This subsection does not apply,
however, to petitioners who gain standing because of the major
amendment.
Section 24.831 Mutually Exclusive Applications
(a) The Commission will consider applications for broadband PCS
licenses to be mutually exclusive if they relate to the same
geographical boundaries (MTA or BTA) and are timely filed for the
same frequency block.
(b) Mutually exclusive applications filed on Form 175 for the
initial provision of broadband PCS are subject to competitive
bidding in accordance with the procedures in Subpart H of this part
and in Part 1, Subpart Q of this Chapter.
(c) An application will be entitled to comparative consideration
with one or more conflicting applications only if the Commission
determines that such comparative consideration will serve the public
interest.
(d)-(j) [Reserved]
Section 24.832 Consideration of Applications
(a) Applications for an instrument of authorization will be
granted if, upon examination of the application and upon
consideration of such other matters as it may officially notice, the
Commission finds that the grant will serve the public interest,
convenience and necessity. See also Sec. 1.2108 of this Chapter.
(b) The grant shall be without a formal hearing if, upon
consideration of the application, any pleadings or objections filed,
or other matters which may be officially noticed, the Commission
finds that:
(1) The application is acceptable for filing and is in
accordance with the Commission's rules, regulations and other
requirements;
(2) The application is not subject to a post-auction hearing or
to comparative consideration pursuant to Sec. 24.831 with another
application(s);
(3) A grant of the application would not cause harmful
electrical interference to an authorized station;
(4) There are no substantial and material questions of fact
presented; and
(5) The applicant is qualified under current FCC regulations and
policies.
(c) If the Commission should grant without a formal hearing an
application for an instrument of authorization which is subject to a
petition to deny filed in accordance with Sec. 24.830, the
Commission will deny the petition by the issuance of a Memorandum
Opinion and Order which will concisely state the reasons for the
denial and dispose of all substantial issues raised by the petition.
(d) Whenever the Commission, without a formal hearing, grants
any application in part, or subject to any terms or conditions other
than those normally applied to applications of the same type, it
shall inform the applicant of the reasons therefor, and the grant
shall be considered final unless the Commission revises its action
(either by granting the application as originally requested, or by
designating the application for a formal evidentiary hearing) in
response to a petition for reconsideration which:
(1) Is filed by the applicant within thirty (30) days from the
date of the letter or order giving the reasons for the partial or
conditioned grant;
(2) Rejects the grant as made and explains the reasons why the
application should be granted as originally requested; and
(3) Returns the instrument of authorization.
(e) The Commission will designate an application for a formal
hearing, specifying with particularity the matters and things in
issue, if upon consideration of the application, any pleadings or
objections filed or other matters which may be officially noticed,
the Commission determines that:
(1) A substantial and material question of fact is presented
(see also Sec. 1.2108 of this Chapter);
(2) The Commission is unable for any reason to make the findings
specified in paragraph (a) of this section and the application is
acceptable for filing, complete and in accordance with the
Commission's rules, regulations and other requirements; or
(3) The application is entitled to comparative consideration
(under Sec. 24.831) with another application (or applications).
(f) The Commission may grant, deny or take other action with
respect to an application designated for a formal hearing pursuant
to paragraph (e) of this section or Part 1 of this Chapter.
(g) [Reserved]
(h) Reconsideration or review of any final action taken by the
Commission will be in accordance with Subpart A of Part 1 of this
Chapter.
Section 24.833-24.838 [Reserved]
Section 24.839 Transfer of Control or Assignment of License
(a) Approval required. Authorizations shall be transferred or
assigned to another party, voluntarily (for example, by contract) or
involuntarily (for example, by death, bankruptcy or legal
disability, directly or indirectly or by transfer of control of any
corporation holding such authorization, only upon application and
approval by the Commission. A transfer of control or assignment of
station authorization in the broadband Personal Communications
Service is also subject to Secs. 24.711(e), 24.712(d), 24.713(b)
(unjust enrichment) and 1.2111(a) of this Chapter (reporting
requirement).
(1) A change from less than 50% ownership to 50% or more
ownership shall always be considered a transfer of control.
(2) In other situations a controlling interest shall be
determined on a case-by-case basis considering the distribution of
ownership and the relationships of the owners, including family
relationships.
(b) Forms required.
(1) Assignment.
(i) FCC Form 490 shall be filed to assign a license or permit.
(ii) In the case of involuntary assignment, FCC Form 490 shall
be filed within thirty (30) days following the event giving rise to
the assignment.
(2) Transfer of control.
(i) FCC Form 490 shall be submitted in order to transfer control
of a corporation holding a license or permit.
(ii) In the case of involuntary transfer of control, FCC Form
490 shall be filed within thirty (30) days following the event
giving rise to the transfer.
(3) Form 430. Whenever an application must be filed under
paragraphs (a)(1) or (2) of this section, the assignee or transferee
shall file FCC Form 430 (``Common Carrier Radio License
Qualification Report'') unless an accurate report is on file with
the Commission.
(4) Notification of completion. The Commission shall be notified
by letter of the date of completion of the assignment or transfer of
control.
(5) If the transfer of control of a license is approved, the new
licensee is held to the original construction requirement of
Sec. 24.203.
(c) In acting upon applications for transfer of control or
assignment, the Commission will not consider whether the public
interest, convenience and necessity might be served by the transfer
or assignment of the authorization to a person other than the
proposed transferee or assignee.
(d) Restrictions on Assignments and Transfers of Licenses for
Frequency Blocks C and F. No assignment or transfer of control of a
license for frequency Block C or frequency Block F will be granted
unless--
(1) The application for assignment or transfer of control is
filed after five years from the date of the initial license grant;
(2) The application for assignment or transfer of control is
filed after three years from the date of the initial license grant
and the proposed assignee or transferee meets the eligibility
criteria set forth in Sec. 24.709;
(3) The application is for partial assignment of a partitioned
service area to a rural telephone company pursuant to Sec. 24.714
and the assignee meets the eligibility criteria set forth in
Sec. 24.709; or
(4) The application is for an involuntary assignment or transfer
of control to a bankruptcy trustee appointed under involuntary
bankruptcy, an independent receiver appointed by a court of
competent jurisdiction in a foreclosure action, or, in the event of
death or disability, to a person or entity legally qualified to
succeed the deceased or disabled person under the laws of the place
having jurisdiction over the estate involved; provided that, the
applicant requests a waiver pursuant to this paragraph.
(e) If the assignment or transfer of control of a license is
approved, the assignee or transferee is subject to the original
construction requirement of Sec. 24.203.
Sections 24.840-24.842 [Reserved]
Section 24.843 Extension of Time To Complete Construction
(a) If construction is not completed within the time period set
forth in Sec. 24.203, the authorization will automatically expire.
Before the period for construction expires an application for an
extension of time to complete construction (FCC Form 489) may be
filed. See paragraph (b) of this section. Within 30 days after the
authorization expires an application for reinstatement may be filed
on FCC Form 489.
(b) Extension of Time to Complete Construction. An application
for extension of time to complete construction may be made on FCC
Form 489. Extension of time requests must be filed prior to the
expiration of the construction period. Extensions will be granted
only if the licensee shows that the failure to complete construction
is due to causes beyond its control.
(c) An application for modification of an authorization (under
construction) does not extend the initial construction period. If
additional time to construct is required, an FCC Form 489 must be
submitted.
(d) [Reserved]
Section 24.844 Termination of Authorization
(a) Termination of authorization.
(1) All authorizations shall terminate on the date specified on
the authorization or on the date specified by these rules, unless a
timely application for renewal has been filed.
(2) If no application for renewal has been made before the
authorization's expiration date, a late application for renewal will
be considered only if it is filed within thirty (30) days of the
expiration date and shows that the failure to file a timely
application was due to causes beyond the applicant's control. During
this 30-day period, a reinstatement application must be filed on FCC
Form 489. Service to subscribers need not be suspended while a late-
filed renewal application is pending, but such service shall be
without prejudice to Commission action on the renewal application
and any related sanctions. See also Sec. 24.16 (Criteria for
Comparative Renewal Proceedings).
(b) Termination of special temporary authorization. A special
temporary authorization shall automatically terminate upon failure
to comply with the conditions in the authorization.
(c) [Reserved]
[FR Doc. 94-26386 Filed 10-21-94; 8:45 am]
BILLING CODE 6712-01-M
