**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | WT Docket No. 05-211         |
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| Implementation of the Commercial | ** |                              |
| Spectrum                         |    |                              |
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| Enhancement Act and              | *) |                              |
| Modernization of the             | ** |                              |
| Commission's Competitive Bidding |    |                              |
| Rules and Procedures             | *  |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: June 16, 2006 Released: June 16, 2006**

By the Acting Chief, Wireless Telecommunications Bureau:

1.  In this order, the Wireless Telecommunications Bureau (Bureau)
    clarifies, on its own motion, how certain application and reporting
    requirements adopted by the Commission in the *Second Report and
    Order* in this proceeding[^1] will be implemented.

2.  Section 1.913(a)(6) requires designated entities to use new FCC Form
    609 (Wireless Telecommunications Bureau Application to Report
    Eligibility Event) to seek advance Commission approval of
    "reportable eligibility events," as defined in section 1.2114.[^2]
    Section 1.913(b) requires electronic filing of FCC Form 609 via the
    Commission's Universal Licensing System (ULS). In addition, section
    1.2110(n) requires designated entities to report certain information
    annually.[^3] Lastly, section 1.919(b)(5) requires that any
    applicant or licensee that is subject to the reporting requirements
    of section 1.2112 (ownership disclosure requirements for
    applications) or section 1.2114 (reporting of eligibility events) to
    file a FCC Form 602 (FCC Ownership Disclosure Information for the
    Wireless Telecommunications Services), or file an updated form if
    the information on a previously filed FCC Form 602 is not current,
    at the time it submits FCC Form 609.

3.  In order to implement the application and annual reporting
    requirements of sections 1.2114 and 1.2110(n), the Commission must
    receive approval from the Office of Management and Budget (OMB),
    under the Paperwork Reduction Act (PRA) of 1995,[^4] for the new FCC
    Form 609 and the collection of information in the annual reports. In
    addition, the Commission must obtain OMB PRA approval to implement
    the section 1.919(b)(5) requirement to file or update FCC Form 602
    when an applicant or licensee submits FCC Form 609 reporting an
    eligibility event. The Commission also must implement extensive
    changes to ULS.

4.  The Commission delegated authority to the Bureau to prescribe
    procedures for the implementation of the FCC Form 609 application
    and to determine the content of, and filing procedures for, the
    annual reports, as well as to modify ULS and create new forms if
    necessary.[^5] The Bureau therefore is developing an interim process
    for the filing of the information required by FCC Form 609, as well
    as the information required in the annual reports.[^6] The interim
    filing process will permit parties to satisfy their obligations
    under the Commission's newly adopted rules, while enabling the
    Bureau to design the FCC Form 609, finalize the annual reporting
    requirements, and implement necessary changes to ULS. We find that
    instituting an interim process serves the public interest by
    facilitating compliance with the application and reporting
    requirements adopted by the Commission in the *Second Report and
    Order* at the earliest possible date.

5.  In order to permit designated entity licensees to seek advance
    Commission approval for reportable eligibility events and to file
    annual reports, on an interim basis, the Commission will submit a
    temporary FCC Form 609-T (Wireless Telecommunications Bureau
    Application to Report Eligibility Event) and a temporary FCC Form
    611-T (Wireless Telecommunications Bureau Annual Report Related to
    Eligibility for Designated Entity Benefits) to OMB for approval. The
    Commission will also seek OMB approval to modify the FCC Form 602
    instructions to implement the section 1.919(b)(5) requirement to
    file or update FCC Form 602 when an applicant or licensee submits
    FCC Form 609 (or, in the interim, FCC Form 609-T), reporting an
    eligibility event as defined in section 1.2114. Once OMB approves
    the interim information collections, the Bureau will release a
    public notice announcing the availability of the interim forms, as
    well as the steps necessary to submit applications and reports
    during the interim period. Accordingly, until the Commission
    announces the effective date of the interim filing process for
    reportable eligibility event applications and annual reports,
    designated entity licensees will not be required to file to obtain
    advance Commission approval of reportable eligibility events or file
    annual reports.[^7]

6.  We remind interested parties that certain rules adopted in *Second
    Report and Order*, including the rules regarding "impermissible
    material relationships" and "attributable material relationships"
    specified in sections 1.2110(b)(3)(iv)(A) and (B), became effective
    June 5, 2006. Parties therefore are subject to these rules and the
    Commission has authority under the Communications Act and applicable
    law to enforce compliance.

7.  This action is taken under delegated authority pursuant to sections
    0.131 and 0.331 of the Commission\'s Rules, 47 C.F.R. §§ 0.131,
    0.331, paragraphs 46, 48 and 105 of the *Second Report and
    Order,*[^8] and paragraph 42 of the *Order on Reconsideration*.[^9]

> FEDERAL COMMUNICATIONS COMMISSION
>
> Catherine W. Seidel
>
> Acting Chief
>
> Wireless Telecommunication Bureau

[^1]: Implementation of the Commercial Spectrum Enhancement Act and
    Modernization of the Commission's Competitive Bidding Rules and
    Procedures, *Second Report and Order and Second Further Notice of
    Proposed Rule Making*, FCC 06-52, 21 FCC Rcd 4753 (2006) ("*Second
    Report and Order"*), *Erratum and Notice of Office of Management and
    Budget Approval of Information Collections,* DA 06-1280 (rel. June
    16, 2006), *Order on Reconsideration of the Second Report and
    Order*, FCC 06-78 (rel. June 2, 2006) ("*Order on
    Reconsideration*"). A summary of the *Second Report and Order* was
    published in the Federal Register on May 4, 2006. *See* 72 Fed. Reg.
    26,245 (May 4, 2006).

[^2]: A reportable eligibility event includes any event that might
    affect a designated entity's ongoing eligibility, under either the
    Commission's material relationship or controlling interest
    standards. *See Order on Reconsideration* at ¶42.

[^3]: At a minimum, these reports must include a list and summaries of
    all agreements and arrangements (including proposed agreements and
    arrangements) that relate to eligibility for designated entity
    benefits. In addition, this list must include the parties (including
    affiliates, controlling interests, and affiliates of controlling
    interests) to each agreement or arrangement, as well as the dates on
    which the parties entered into each agreement or arrangement. *See*
    *Second Report and Order* at ¶47.

[^4]: *See* Public Law 104-13.

[^5]: *See Second Report and Order* at ¶¶46, 48 & 105.

[^6]: The Commission will submit these requirements to OMB for emergency
    approval. The interim filing process will be available promptly upon
    receipt of OMB\'s approval of the requirements. The Bureau will
    advise the public when the interim filing process is available.

[^7]: The Bureau will release a public notice to announce the effective
    date of the interim process. The Bureau will also release a public
    notice when it receives PRA approval from OMB for the FCC Form 609
    and the FCC Form 611 and the ULS updates have been completed. This
    public notice will specify the date on which the interim process
    will be terminated and the date that the public should begin to use
    the new FCC Form 609 and new FCC Form 611.

[^8]: *Second Report and Order* at ¶¶46, 48 & 105.

[^9]: *Order on Reconsideration* at ¶42.