[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23176]
[[Page Unknown]]
[Federal Register: September 19, 1994]
_______________________________________________________________________
Part VII
Federal Communications Commission
_______________________________________________________________________
Public Information Collection Requirement Submitted to Office of
Management and Budget for Review; Notice
FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to Office of
Management and Budget for Review
September 14, 1994.
The Federal Communications Commission has submitted the following
information collection requirement to OMB for review and clearance
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
Copies of this submission may be purchased from the Commission's
copy contractor, International Transcription Service, Inc., 2100 M
Street, NW., suite 140, Washington, DC 20037 (202) 857-3800. For
further information on this submission contact Judy Boley, Federal
Communications Commission (202) 418-0214. Persons wishing to comment on
this information collection should contact Timothy Fain, Office of
Management and Budget, room 10236 NEOB, Washington, DC 20503 (202) 395-
3561.
Please note: The Commission has requested expedited OMB review
of this item by September 21, 1994, under the provisions of 5 CFR
1320.18.
OMB Number: 3060-0604.
Title: Implementation of Section 309(j) of the Communications Act--
Competitive Bidding, Third Report and Order and Third Memorandum
Opinion and Order and Further Notice of Proposed Rulemaking, PP Docket
No. 93-253 (47 CFR Part 24).
Action: Revised collection.
Respondents: Individuals or households, state or local governments,
non-profit institutions and businesses or other for-profit (including
small businesses).
Frequency of Response: On occasion reporting requirement(s) and
recordkeeping requirement.
Estimated Annual Burden: 10-17,770 responses, .50-20 hours average
burden per response, 41,100 hours annual burden; 4,554 recordkeepers, 1
hour average burden per recordkeeper, 45,654 hours total annual burden.
Needs and Uses: On May 20, 1994, the OMB approved the collections
of information contained in the Third Report and Order which
established service-specific rules for competitive bidding on licenses
to be awarded for Personal Communications Services in the 900 MHz band
(``narrowband PCS'') and the general procedural and processing rules
for the narrowband PCS service. The Commission received seven petitions
for reconsideration of the Third Report and Order and three oppositions
and comments and on reply. Upon reconsideration, the Commission has
clarified, modified and supplemented the original rules governing the
auction of narrowband PCS licenses. For example, the Commission has
modified its original definition of small business to include larger
concerns, and has codified principles for attributing the interests of
various affiliates of the applicant to that applicant. The Commission
has also modified the various preferential measures that are available
to certain entities designated by Congress, such as increasing the
available bidding credits to 40% from 25% in some cases. In order to
better ensure that applicants claiming these preferences are entitled
to them and to aid the Commission's enforcement efforts, winning
bidders are now required to supply additional information on the
ownership of the applicant. The FCC Form 175, now permits applicants to
amend their FCC Form 175 applications to reflect ownership changes that
do not result in a change in control of the applicant. The Commission
believes that the new and modified rules and requirements will
facilitate the auction process and will increase the opportunities for
designated entities to participate in the provision of narrowband PCS.
The rules and requirements have been carefully crafted as to not unduly
burden any applicant with unnecessary paperwork requirements. We
estimate that each applicant will take an additional five (5) hours to
comply with the new and modified paperwork requirements. If the normal
60-day OMB review and clearance process for information collections
were followed, it would effectively impede the Commission's ability in
achieving Congressional objectives of encouraging rapid deployment of
service, efficient use of the spectrum, enhancing access to
telecommunications services, and ensuring that spectrum based services
are available to a wide range of consumers. It would also thwart the
Commission's ability to recover for the public a portion of the value
of the public spectrum. The result would be an unnecessary delay in the
anticipated benefits to the public. The revised rule sections are in
the following Appendix are provided in this notice as required by the
Paperwork Reduction Act of 1980.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Appendix Rules
Part 24 of Chapter I of Title 47 of the Code of Federal
Regulations is amended as follows:
1. The authority citation for Part 24 continues to read as
follows:
Authority: Secs. 4, 301, 302, 303, 309 and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. Secs. 154, 301, 302, 303, 309 and 332,
unless otherwise noted.
2. Section 24.129 is revised to read as follows:
Section. 24.129 Frequencies
The following frequencies are available for narrowband PCS. All
licenses on channels indicated with an (*) will be eligible for
bidding credits of 25 percent, and all licenses indicated with an
(**) will be eligible for bidding credits of 40 percent, as set
forth in Section 24.309(b) of this part if competitive bidding is
used to award such licenses.
(a) Eleven frequencies are available for assignment on a
nationwide basis as follows:
(1) Five 50 kHz channels paired with 50 kHz channels:
Channel 1: 940.00-940.05 and 901.00-901.05 MHz;
Channel 2: 940.05-940.10 and 901.05-901.10 MHz;
Channel 3: 940.10-940.15 and 901.10-901.15 MHz;
Channel 4: 940.15-940.20 and 901.15-901.20 MHz; and,
Channel 5: 940.20-940.25 and 901.20-901.25 MHz.*
(2) Three 50 kHz channels paired with 12.5 kHz channels:
Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz;
Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and,
Channel 8: 930.50-930.55 and 901.7750-901.7875 MHz.*
(3) Three 50 kHz unpaired channels:
Channel 9: 940.75-940.80 MHz;
Channel 10: 940.80-940.85 MHz; and,
Channel 11: 940.85-940.90 MHz.*
(b) Six frequencies are available for assignment on a regional
basis as follows:
(1) Two 50 kHz channels paired with 50 kHz channels:
Channel 12: 940.25-940.30 and 901.25-901.30 MHz; and,
Channel 13: 940.30-940.35 and 901.30-901.35 MHz.**
(2) Four 50 kHz channels paired with 12.5 kHz channels:
Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz;
Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz;
Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and,
Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz.**
(c) Seven frequencies are available for assignment on a MTA
basis as follows:
(1) Two 50 kHz channels paired with 50 kHz channels:
Channel 18: 940.35-940.40 and 901.35-901.40 MHz; and,
Channel 19: 940.40-940.45 and 901.40-901.45 MHz.*
(2) Three 50 kHz channels paired with 12.5 kHz channels:
Channel 20: 930.75-930.80 and 901.8375-901.8500 MHz;
Channel 21: 930.80-930.85 and 901.8500-901.8625 MHz; and,
Channel 22: 930.85-930.90 and 901.8625-901.8750 MHz.*
(3) Two 50 kHz unpaired channels:
Channel 23: 940.90-940.95 MHz; and,
Channel 24: 940.95-941.00 MHz.*
(d) Two 50 kHz channels paired with 12.5 kHz channels are
available for assignment on a BTA basis:
Channel 25: 930.90-930.95 and 901.8750-901.8875 MHz; and,
Channel 26: 930.95-931.00 and 901.8875-901.9000 MHz.*
Note 1: Operations in markets or portions of markets which
border other countries, such as Canada and Mexico, will be subject
to on-going coordination arrangements with neighboring countries.
3. Section 24.130 is amended by revising paragraphs (b) and (c)
to read as follows:
* * * * *
(b) The following four 12.5 kHz unpaired channels are available
for assignment on a MTA basis:
A: 901.9000-901.9125 MHz;
B: 901.9125-901.9250 MHz;
C: 901.9250-901.9375 MHz; and
D: 901.9375-901.9500 MHz.
(c) The following four 12.5 kHz unpaired channels are available
for assignment on a BTA basis:
E: 901.9500-901.9625 MHz;
F: 901.9625-901.9750 MHz:
G: 901.9750-901.9875 MHz; and
H: 901.9875-902.0000 MHz.
4. Section 24.303 is revised to read as follows:
Sec. 24.303 Competitive Bidding Mechanisms
(a) Sequencing. The Commission will establish and may vary the
sequence in which narrowband 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 determine which licenses
will be auctioned simultaneously 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 may, by announcement
before or during an auction, require minimum bid increments in
dollar or percentage terms. The Commission may also establish by
Public Notice a suggested opening bid or a minimum opening bid on
each license.
(e) Stopping Rules. The Commission may establish stopping rules
before or during multiple round auctions in order to terminate an
auction within a reasonable time.
(f) Activity Rules. The Commission may 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 activity rule
waiver during each stage of an auction, or one automatic waiver
during a specified number of bidding rounds. The Commission may
change by Public Notice the number and frequency of such automatic
activity rule waivers for a specific auction.
(g) Bidder Identification During Auctions. The Commission may
choose, on an auction-by-auction basis, to release the identity of
the bidders associated with bidder identification numbers. The
Commission will announce by Public Notice before each auction
whether bidder identities will be revealed.
5. Section 24.308 is revised to read as follows:
Sec. 24.308 License Grant, Denial, Default, and Disqualification
(a) Unless eligible for installment payments and/or a bidding
credit, each winning bidder is 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, defaults on a payment or is
disqualified will be subject to the penalties specified in Section
1.2109 of this Chapter.
6. Section 24.309 is revised to read as follows:
Sec. 24.309 Designated Entities
(a) Designated entities entitled to preferences in the
narrowband PCS service are small businesses and businesses owned by
members of minority groups and/or women as defined in
Sec. Sec. 24.320(b) and 24.320(c) of this Subpart.
(b) Designated entities will be eligible for certain special
narrowband PCS provisions as follows:
(1) Installment payments. Small businesses, including small
businesses owned by members of minority groups and women, will be
eligible to pay the full amount of their winning bid on any
regional, MTA or BTA license in installments over the term of the
license pursuant to the terms set forth in Section 1.2110(d) of this
Chapter.
(2) Bidding Credits. Businesses owned by members of minority
groups and women, including small businesses owned by members of
minority groups and women, will be eligible for a twenty-five (25)
percent bidding credit when bidding on the following licenses: (1)
the nationwide licenses on Channel 5, Channel 8 and Channel 11; (2)
all MTA licenses on Channel 19, Channel 22, Channel 24; and (3) BTA
licenses on Channel 26. This bidding credit will reduce by 25
percent the bid price that businesses owned by members of minority
groups and women will be required to pay to obtain a license.
Businesses owned by women and/or minorities, including small
businesses owned by women and/or minorities will be eligible for a
forty (40) percent bidding credit when bidding on all regional
licenses on Channel 13 and Channel 17. In section 24.129 above, the
licenses that will be eligible for 25 percent bidding credits are
indicated by an (*); the licenses that will be eligible for 40
percent bidding credits are indicated by an (**).
(3) Tax Certificates. 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 narrowband PCS license(s), and any non-controlling
investor who purchases an interest in a narrowband 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. Any narrowband 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.
(c) Short-Form Application Certification; Long-Form Application
Disclosure.
(1) All applicants for licenses under the designated entity
provisions set forth in this section shall certify on their short-
form applications (Form 175) that they are eligible for those
preferences pursuant to this section.
(2) In addition to the requirements in subpart I, all designated
entity applicants that are winning bidders 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 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); and
(iii) certify that the personal net worth of the applicant (if
an individual), each affiliate and each person that hold an interest
in the applicant is less than $40 million.
(d) Audits. Applicants and licensees claiming eligibility under
this section shall be subject to random audits by the Commission.
(e) 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, and small business used in this section
are defined in Sec. 24.320.
(f) Unjust Enrichment. Designated entities using installment
payments, bidding credits or tax certificates to obtain a narrowband
PCS license will be subject to the following unjust enrichment
provisions:
(1) If a small business paying for a narrowband PCS license in
installment payments seeks to transfer a license to a non-small
business entity during the term of the license, the remaining
principal balance must be repaid as a condition of the license
transfer.
(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 the change as a condition of approval.
Increases in gross revenues that result from equity investments that
are not attributable to the licensee under Sec. 24.320(b)(2)(iv),
revenues from operations, business development or expanded service
shall not be considered changes in ownership structure under this
paragraph.
7. Section 24.320 is added to read as follows:
Sec. 24.320 Definitions
(a) Scope. The definitions in this section apply to
Secs. 24.309-24.315 of this subpart, 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 preceding 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 subsection (c)) 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.
(2) Attribution and Aggregation of Gross Revenues and Personal
Net Worth.
(i) Except as specified in paragraphs (iii) and (iv), the gross
revenues of the applicant (or licensee) and its affiliates, and
other persons that hold interests in the applicant (or licensee) and
the affiliates shall be considered on a cumulative basis and
aggregated for purposes of determining whether the applicant (or
licensee) is a small business.
(ii) The personal net worth of individual applicants (or
licensees) and other persons that hold interests in the applicant
(or licensee), and their affiliates, if less than $40 million, shall
not be considered for purposes of determining whether the applicant
(or licensee) is eligible to bid as a small business.
(iii) Where an applicant (or licensee) is a consortium of small
businesses, the gross revenues of each small business shall not be
aggregated.
(iv) (a) The gross revenues and personal net worth of a person
that holds an interest in the applicant (or licensee) shall not be
considered so long as (1) 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 control group and (2) the applicant has
a control group that owns at least 25 percent of the applicant's
total equity and, if a corporation, holds at least 50.1 percent of
the applicant's voting interests.
(b) The gross revenues, total assets and personal net worth of a
person that holds an interest in the applicant shall not be
considered so long as (1) 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 control group; and (2) the applicant 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
total equity and, if a corporation, at least 50.1 percent of the
applicant's voting interests.
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.
(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.
(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 (i) that has a control group composed 100 percent of members
of minority groups and/or women who are United States Citizens, and
(ii) such control group owns and holds 50.1 percent of the voting
interests, if a corporation, and (A) owns and holds 50.1 percent of
the total equity in the entity, provided that all other investors
hold passive interests; or (B) 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. In a
partnership, all general partners must be members of minority groups
and/or women. 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 such
agreements may not be used to appear to terminate or divest
ownership interests before they actually do so.
(d) 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.
(e) 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.
(f) Members of Minority Groups. Members of minority groups
includes individuals of African American, Hispanic-surnamed,
American Eskimo, Aleut, American Indian and Asian American
extraction.
(g) Passive Equity. Passive equity shall mean (i) for
corporations, non-voting stock or stock that includes no more than
fifteen percent of the voting equity; (ii) 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.
(h) 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, articles of incorporation, bylaws,
agreements and any other relevant documents (and amendments thereto)
provide (i) that the entity and/or its members own unconditionally
at least 50.1 percent of the total voting interests of a
corporation; (ii) 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; (iii) 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 (iv) 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. 24.720(e)(2)(iii)).
(i) Affiliate. (1) Determinations regarding whether an
individual or entity will be considered an affiliate of (a) an
applicant or (b) a person holding an attributable interest in an
applicant under paragraph (b)(2) will be made pursuant to the
general affiliation rules set forth in section 24.720(l) of this
part.
8. Section 24.406 is revised to read as follows:
Sec. 24.406 Filing of Narrowband PCS Applications, Fees, and
Numbers of Copies
(a) As prescribed by Sections 24.305, 24.307, and 24.409 of this
part, standard formal application forms applicable to the narrowband
PCS may be obtained from either:
(1) Federal Communications Commission, Washington, DC 20554; or
(2) by calling the Commission's Forms Distribution Center, (202)
418-3676.
(b) Applications for the initial provision of narrowband PCS
service must be filed on FCC Form 175 in accordance with the rules
in Section 24.305 and Part 1, Subpart Q. 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 for initial narrowband PCS licenses. Mututally
exclusive applications filed on Form 175 are subject to competitive
bidding under those rules. Narrowband PCS applicants filing Form 401
need not complete Schedule B.
(c) All applicants for Narrowband PCS radio station
authorizations (other than applications for initial provision of
narrowband PCS service filed on FCC Form 175) shall be submitted for
filing to: Federal Communications Commission, Washington, DC 20554,
Attention: Narrowband PCS Processing Section. Applicants requiring
fees as set forth at Part 1, Subpart G of this chapter must be filed
in accordance with Sec. 0.401(b).
(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, Narrowband PCS Processing
Section.
(e) Except as otherwise specified, all applicants, 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. Unless otherwise provided by the
FCC, filings of five pages or less are exempt from the requirements
to submit on microfiche, as well as emergency filings like 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''. In addition
to the original hard copy, those filings pleadings, including
pleadings under Section 1.2108 of the rules shall also submit 2
paper copies as provided in Sec. 1.51 of the rules.
(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 (125 mm x 176 mm) 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.
(2) All applicants and all amendments must have the following
information printed on 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. nationwide, regional, MTA,
BTA, response channel);
(iii) The month and year of the document;
(iv) Name of the document;
(v) 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).
Each microfiche copy of pleadings shall include:
(A) The month and year of the document;
(B) Name of the document;
(C) Name of the filing party;
(D) File number, applicant identification number, and call sign,
if assigned;
(E) The identification number and date of the Public Notice
announcing the auction in response to which the application was
filed (if applicable). Abbreviations may be used if they are easily
understood.
9. Section 24.422 is revised to read as follows:
Sec. 24.422 Amendment of Application for Narrowband Personal
Communications Service 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. These are defects
which may not be cured. See also Section 1.2105.
(b) In the Narrowband PCS, applicants will be permitted to amend
their Form 175 applications to make minor amendments to correct
minor errors or defects such as typographical errors. Applicants
will also be permitted to amend FCC Form 175 to make ownership
changes or changes in the identification of parties to bidding
consortia, provided such changes do not result in a change in
control of the applicant and do not involve another applicant (or
parties in interest to an applicant) who has applied for any of the
same licenses as the applicant. Amendments which change control of
the applicant will be considered 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 Section 1.2105.
10. Section 24.429 is amended by deleting paragraph (b) and
redesignating paragraphs (c) and (d) as (b) and (c), respectively,
to read as follows:
Sec. 24.429 Ownership Changes and Agreements To Amend or To
Dismiss Applications or Pleadings
(a) Applicability. Subject to the provisions of Sec. 1.2105
(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
Sec. 24.423(c) and 24.423(g) would apply or which would cause the
applicant to lose its status as a designated entity under Section
24.309, or
(2) The individual or mutual withdrawal, amendment or dismissal
of any pending application, amendment, petitioner or other pleading.
(b) If the amendment would cause the applicant to lose its
status as a designated entity under Section 24.309, the applicant
must notify the Commission of this change in status and must comply
with the obligations imposed by Sections 24.308, including
increasing its down payment to the level required as a non-
designated entity.
(c) The provisions of Section 22.927 will apply in the event of
the individual or mutual withdrawal, amendment or dismissal of any
pending application, amendment, petitioner or other pleading.
11. Section 24.430 is revised to read as follows:
Sec. 24.430 Opposition to Applications
(a) Petitions to deny (including petitions for other forms of
relief) and responsive pleadings for Commission consideration must
comply with Section 1.2108 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
except where otherwise provided in Section 1.2108;
(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 does not apply to petitioners who
gain standing because of the major amendment.
(c) parties who file frivolous petitions to deny may be subject
to sanctions including monetary forfeitures, license revocation, if
they are FCC licensees, and may be prohibited from participating in
future auctions.
[FR Doc. 94-23176 Filed 9-16-94; 8:45 am]
BILLING CODE 6712-01-M
