Public Information Collection Requirement Submitted to Office of Management and Budget for Review

Federal RegisterOct 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.

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Hours per

Section/forms Respondents response Burden

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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

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.

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.

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

(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

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.

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.

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.

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.

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.

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.

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

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

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.

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.

(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.

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.

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;

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

[FR Doc. 94-26386 Filed 10-21-94; 8:45 am]

BILLING CODE 6712-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.