Before the
Federal Communications Commission
Washington, D.C. 20554


In the matter of

Amendment of Parts 1, 21, 22, 24, 25, 27, 73, 74, 
80, 90, 95, 100, and 101 of the Commission Rules 
 Competitive Bidding


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ORDER

   Adopted: April 11, 2002	Released: April 11, 2002

By the Deputy Chief, Wireless Telecommunications Bureau:

I. INTRODUCTION
1. In this Order, the Wireless Telecommunications Bureau (Bureau) makes conforming 
edits to service-specific competitive bidding rules  and portions of the Part 1 general competitive bidding 
rules  in accordance with the authority delegated by the Commission in the Part 1 Fifth Report and 
Order.   These conforming edits further the Bureaus continuing efforts to streamline its procedures in 
accordance with the Commissions biennial regulatory review obligations set forth at section 11(a) of the 
Communications Act of 1934, as amended, and the recommendations contained in the 2000 Biennial Staff 
Report.   In addition to making these conforming edits, we also exercise our delegated authority  to make 
certain ministerial conforming amendments,  including edits to correct competitive bidding provisions  
that were inadvertently altered or deleted by the Part 1 Third Report and Order and the Competitive 
Bidding Sixth Report and Order.   We also remove service-specific provisions that are redundant with the 
Bureaus delegated authority to conduct auctions.   The effect of todays action is to eliminate 
approximately 66 pages of redundant or unnecessary rules from the Code of Federal Regulations 
(C.F.R.).
II. BACKGROUND
2. In the Competitive Bidding Second Report and Order, by amending Part 1 of the 
Commissions rules to add a new Subpart Q, the Commission established general competitive bidding 
rules that would apply to a variety of spectrum based services licensed by the Commission.   In 
establishing these rules, the Commission intended that the general competitive bidding rules would apply 
to a particular service unless it adopted service-specific rules that varied from the Part 1 general 
competitive bidding rules.   Subsequently, the Commission adopted competitive bidding rules for a 
number of services.   A consequence of the adoption of these service-specific competitive bidding rules 
was an unnecessary variation in procedures across services.   Additionally, portions of the Part 1 general 
competitive bidding rules were repeated almost verbatim in the service-specific competitive bidding 
rules.   Accordingly, in 1997, based upon its experience with the competitive bidding process, the 
Commission initiated the Part 1 proceeding to establish a uniform set of provisions for all services subject 
to competitive bidding, eliminate unnecessary rules, and provide for a more consistent and efficient 
licensing process.  
3. In the Part 1 Fifth Report and Order, the most recent comprehensive Order in the Part 1 
proceeding, the Commission determined that it had made the majority of the changes contemplated by its 
prior orders.   Therefore, the Commission recognized that it was appropriate to commence the next step 
in the process, i.e., eliminating service-specific competitive bidding rules from the C.F.R. that have either 
been superseded by or are redundant with the Part 1 general competitive bidding rules.   Accordingly, the 
Commission delegated to the Bureau the authority to make conforming edits to the C.F.R. consistent with 
the Part 1 proceeding. 
III. DISCUSSION 
4. Pursuant to our delegated authority, this Order identifies and removes service-specific 
competitive bidding rules that have been superseded or made redundant  by the Part 1 general 
competitive bidding rules.   In those instances in which service-specific departures from the Part 1 
general competitive bidding rules were tailored for a particular service, we retain such rules.   In 
addition, pursuant to the Bureaus delegated authority to make ministerial conforming edits  to 
Commission rules, we restore and revise certain rule sections that were inadvertently altered, deleted, or 
misstated. 
5. As explained below, we modify or remove service-specific competitive bidding rules in 
the following areas: (1) scope of service-specific competitive bidding rules; (2) competitive bidding 
design options; (3) competitive bidding mechanisms; (4) bidding application and certification procedures, 
and prohibition of collusion; (5) submission of upfront payments; (6) submission of down and full 
payments, and filing of long-form applications; (7) procedures for filing petitions to deny against long-
form applications; (8) license grant, denial, default, and disqualification; (9) designated entities; (10) 
unjust enrichment in license assignment or transfer of control; (11) ownership disclosure requirements for 
short- and long-form applications; and (12) definitions.   Also, technical edits are made to Commission 
rules that refer to service-specific competitive bidding rules that have been removed or modified.  
6. Scope of service-specific competitive bidding rules.  Each set of service-specific 
competitive bidding rules contains a provision that provides that the general competitive bidding rules set 
forth at Part 1, Subpart Q of the Commissions rules apply unless the service-specific rules indicate 
otherwise.  This means that service-specific competitive bidding rules are necessary only to specify 
departures from or supplemental procedures to the Part 1 competitive bidding rules.   We adopt uniform 
language stating this proposition in all services subject to competitive bidding and modify the following 
service-specific rules: 21.950; 22.201; 22.228; 22.960; 24.301; 24.701; 25.401; 27.201; 27.501(a); 
27.701; 73.3572(e)(2),  (f);  73.5000(a); 80.1251; 90.801; 90.901; 90.1001; 90.1101; 95.816(a); 100.71; 
101.537; 101.1101; 101.1201; and 101.1317.  
7. Competitive bidding design options.  Section 1.2103 of the Commissions rules outlines 
the general competitive bidding design options (or the different competitive bidding methodologies) for 
services or classes of services subject to competitive bidding.   These competitive bidding design options 
include: simultaneous multiple-round auctions (using remote or on-site electronic bidding); sequential 
multiple-round auctions (using either oral ascending or remote and/or on-site electronic bidding); 
sequential or simultaneous single-round auctions (using either sealed paper or remote and/or on-site 
electronic bidding); combinatorial (package/contingent) bidding auctions; and real-time bidding in all 
electronic auction designs.   The following service-specific rules, which are redundant with all or part of 
section 1.2103, are removed: 21.951(a)-(a)(1); 22.203; 22.961; 24.702; 90.802; 90.902; 90.1003; 100.72; 
101.1102; and 101.1202. 
8. Competitive bidding mechanisms.  Section 1.2104 of the Commissions rules describes 
the mechanisms used to implement the Commissions competitive bidding design provisions.   This rule 
also sets forth the treatment of bid withdrawal, down and full payment default,  and bidder 
disqualification.   The following service-specific rules redundant with all or part of the competitive 
bidding design mechanism provisions of section 1.2104  are modified or removed: 21.951(a)(2)-(c); 
22.205; 22.962; 25.402; 27.202; 73.5001; 90.803; 90.903(c)-(f); 90.1005; 90.1015(b); 100.73; 101.1103; 
and 101.1203.   Also, the following service-specific rules, which conflict or are redundant with all or part 
of the bid withdrawal, down or full payment default, and disqualification payment rules of section 
1.2104,  are removed: 21.959(a)-(b); 22.207; 22.215(b); 22.963; 24.704; 27.203; 73.5004(a); 90.805; 
90.905; 90.1007; 100.74; and 100.78(b).  
9. Bidding application and certification procedures; prohibition of collusion.  Section 
1.2105 of the Commissions rules describes the short-form application (FCC Form 175) and 
certification procedures and the prohibition against applicant collusion.   Section 1.2105 sets forth the 
information and certifications that applicants must provide to participate in an auction.   This section also 
prohibits applicants from communicating with each other about bids, bidding strategies, or settlements if 
the applicants are bidding on licenses in the same geographic area unless applicants are members of 
bidding arrangements identified on a bidders short-form application.   This prohibition period 
commences at the short-form application filing deadline and concludes at the post-auction down payment 
deadline.   The following service-specific rules, which are redundant with all or part of the Part 1 short-
form application and certification procedures in section 1.2105,  are removed in whole or in part: 21.952; 
22.209; 22.227; 22.964; 24.709(a)(4)-(5); 27.204(a)-(b); 90.806; 90.906; 90.1009; 100.75; 101.531(a); 
101.1104; and 101.1204.   Also, the following service-specific rules, which are redundant with all or part 
of the prohibition on collusion in section 1.2105,  are modified or removed in whole or in part: 21.953; 
25.405; 27.204(c); and 100.79. 
10. Submission of upfront payments.  Section 1.2106 of the Commissions rules describes the 
procedures for submitting upfront payments, i.e., the sums an applicant that complies with the short-form 
application requirements tenders to the Commission before an auction in order to be qualified to bid.   
The following service-specific rules, which conflict or are redundant with all or part of section 1.2106 of 
the Commissions rules,  are removed in whole or in part: 21.954; 22.211(a); 22.965(a); 24.706(a), (c); 
24.711(a)(1); 24.716(a)(1); 27.205; 73.5003(a); 90.807(a); 90.907(a); 90.1011(a); 100.76(a); 101.1105(a); 
and 101.1205(a).  
11. Submission of down and full payments, and filing of long-form applications.  Section 
1.2107 of the Commissions rules describes the procedures for submitting down and full payments, and 
filing the long-form application (FCC Form 601).   The down payment is the sum that the winning 
bidder(s) must tender to the Commission after the auction closes to bring its total deposit(s) up to twenty 
(20) percent of its high bid(s).   This payment assures the Commission that the winning bidder is able to 
tender the full amount of its bid when it later comes due.   Unless otherwise specified by public notice, 
the down payment must be made within ten (10) business days after the winning bidder is notified that it 
is the high bidder for a license(s).   The Commission relies upon the long-form application to determine 
whether the winning bidder is qualified to be a licensee.   The long-form application must be submitted 
within ten (10) business days after the winning bidder is notified that it is the high bidder.   After 
submission of the down payment and long-form application, the winning bidder must submit the full 
payment due on the license(s) within ten (10) business days of notification that the license(s) is ready for 
grant,  unless it qualifies to make installment payments.   If the winning bidder fails to make the full 
payment within this time period, it is afforded an additional ten (10) day period to make full payment, 
provided that it also pays a late fee equal to five (5) percent of the amount due.   The following service-
specific rules, which conflict or are redundant with all or part of section 1.2107 of the Commissions 
rules,  are modified or removed in whole or in part: 21.955(a), (c); 21.958; 22.211(b); 22.213; 22.965(b); 
24.706(b); 24.711(a)(2); 24.716(a)(2); 25.404(a), (b); 27.206; 73.3573(f)(5)(i); 73.5003(b)-(c); 
74.1233(d)(5)(i); 90.807(b); 90.808; 90.907(b); 90.908; 90.1011(b); 90.1013; 100.76(b); 101.531; 
101.1105(b); 101.1205(b); and 101.1206.   
12. Procedures for filing petitions to deny against long-form applications.  Section 1.2108 of 
the Commissions rules describes the timing and procedures for filing petitions to deny a winning 
bidders long-form application.   The period for filing a petition to deny commences after the 
Commission releases a public notice announcing that a long-form application has been accepted for 
filing.   Section 1.2108 also provides that the length of time to file a petition to deny may vary on a 
service-specific basis,  but cannot exceed ten (10) days.   The following service-specific rules, which 
conflict or are redundant with all or part of section 1.2108 of the Commissions rules,  are modified or 
removed: 21.957; 90.1025(a); 101.1110; and 101.1207.  
13. License grant, denial, default, and disqualification.  Section 1.2109 of the Commissions 
rules addresses the consequences for a winning bidder that fails to timely make a down payment  or full 
payment  on its winning bid(s), withdraws its bid(s) after the auction has closed,  violates the federal 
antitrust laws,  or is otherwise found unqualified to be a licensee.   The following service-specific rules, 
which conflict or are redundant with all or part of section 1.2109 of the Commissions rules,  are 
modified or removed: 21.959(c)-(e); 22.207; 22.215; 22.967; 24.708; 24.711(a)(2); 24.716(a)(2); 25.406; 
27.208; 73.5004; 90.809(a); 90.909(a)-(b); 90.1015; and 100.78(a). 
14. Designated entities.   Section 1.2110 of the Commissions rules sets forth certain 
provisions applicable to designated entities  small businesses, businesses owned by members of minority 
groups and/or women, and rural telephone companies.   This section also provides the eligibility criteria 
for small businesses, defines terms specific to designated entities, and addresses bidding credits and other 
financial incentives available to certain designated entities.  The following service-specific rules, which 
are redundant with certain portions of section 1.2110 of the Commissions rules,  are removed: 
21.955(b); 24.321(a)(7); 24.716(c); 27.210(b)(3)(ii), (c); 27.502(a)(7); 90.812(a); and 101.538(a)(8).   
We also modify or remove the following service-specific rules in whole or in part because they conflict or 
are redundant with section 1.2110(b) of the Commissions rules,  the Part 1 eligibility criteria for small 
business status: 21.961(b)(2); 22.223(b)(2)-(4); 24.321(a)(3)-(5); 24.709(a)(2); 24.720(b)(3)-(4); 
27.210(b)(3); 27.502(a)(3)-(5); 80.1252(b)(3)-(4); 90.814(b)(2); 90.912(b)(3); 90.1021(b)(3); 
90.1103(b)(3)-(4); 95.816(c)(3)-(4); 101.538(a)(5)-(6); and 101.1209(b)(2).   We modify the following 
service-specific rules by changing the term controlling principal to controlling interest to conform the 
rules with the Commissions general competitive bidding rules:  90.912(b)(1)-(2); 90.913(a)(1); 
90.1021(b)(1)-(2); 90.1023(a)(1); 101.1109(a)(1); and 101.1112(b)-(e).   Additionally, we modify or 
remove the following service-specific rules in whole or in part because they conflict or are redundant with 
section 1.2110(c)(2) of the Commissions rules,  the Part 1 definition of controlling interest: 22.223(e); 
22.225(e); 24.321(b); 27.502(b); 80.1252(c); 90.814(g); 90.1103(c); 95.816(d); and 101.538(b).  We also 
modify section 24.709 to clarify its applicability to existing licensees. 
15. Assignment or transfer of control: unjust enrichment.  Section 1.2111 of the 
Commissions rules contains the procedures and reporting requirements for assigning or transferring 
licenses.   This section also contains the rules for partitioning a license and disaggregating spectrum, 
including the related matters of unjust enrichment, bidding credits, installment payments, the length of the 
license term, and construction requirements.  The following service-specific rules, which are redundant 
with all or part of section 1.2111 of the Commissions rules,  are modified or removed in whole or in 
part: 21.960(b)(5)(i)-(ii), (d)(1); 22.217(b); 24.711(c); 24.712(c); 24.714(c); 24.716(d); 24.717(c); 
27.15(c); 27.209(d); 73.5009(a); 90.810(b); 90.812(b); 90.813(c), (d)(2)(i);  90.910(b); 90.911(c); 
90.1017(b); 95.823(c)(1); 101.56(i); 101.535(a)(1), (c); 101.1107(e); 101.1208(b); 101.1319(c); and 
101.1323(c).  
16. Ownership disclosure requirements for short- and long-form applications.  Section 1.2112 
of the Commissions rules contains the Commissions ownership disclosure requirements for both the 
short-form application, which is a pre-requisite to participation in an auction,  and the long-form 
application, which is filed by the winning bidder(s) to assist the Commission in determining whether the 
winning bidder is qualified to be a licensee.   We modify or remove sections 22.225(b); 90.815(a)-(b); 
90.913(a)-(b); 90.1023(a)-(b); and 101.1109(a)-(b)  because these service-specific rules are redundant 
with the ownership disclosure requirements set forth in section 1.2112 of the Commissions rules.   We 
also modify section 73.5009(b) to indicate that the ownership disclosure requirements found at section 
1.2112(a) do not apply to the assignment or transfer of licenses or construction permits in the broadcast 
services subject to competitive bidding.   
17. Definitions.  Section 1.2110 of the Commissions rules provides uniform definitions for 
affiliate,  audits,  businesses owned by members of minority groups and/or women,  controlling 
interests,  eligibility for small business provisions,  gross revenues,  and rural telephone 
company.   We modify or remove the following rules in whole or in part because they conflict or are 
redundant with section 1.2110(c)(5) of the Commissions rules,  the Part 1 definition of affiliate: 
21.961(d); 22.223(d); 22.225(e); 24.709(g); 24.720(l); 27.210(d); 90.814(h); 90.815(e); 90.912(d); 
90.913(d)(3); 90.1021(d); 90.1023(e); 90.1323(e); 101.1112(h); and 101.1209(e).   We modify the 
definition of audits in section 1.2110(m)  to clarify that all applicants and licensees claiming 
designated entity status are subject to audits.  Accordingly, the following service-specific rules, which are 
redundant with section 1.2110(m) of the Commissions rules, are removed: 21.960(g); 22.225(d); 
24.709(d); 90.815(d); 90.913(d); 90.1023(d); and 101.1109(d).   We also remove the following service-
specific rules because they conflict or are redundant with section 1.2110(c)(3) of the Commissions 
rules,  the Part 1 definition for businesses owned by members of minority groups and/or women: 
24.709(g); 24.720(i); 90.814(e)-(f); and 90.815(e).   We remove the following service-specific rules in 
whole or in part because they conflict or are redundant with section 1.2110(n) of the Commissions 
rules,  the Part 1 definition of gross revenues: 21.961(c); 22.223(c); 22.225(e); 24.709(g); 24.720(f);  
27.210(c); 90.814(d); 90.815(e); 90.912(c); 90.913(d)(3); 90.1021(c); 90.1023(e); 90.1323(e); 
101.1112(g); and 101.1209(d).   We also modify or remove the following service-specific rules in whole 
or in part because they are redundant with section 1.2110(c)(4) of the Commissions rules,  the Part 1 
definition of rural telephone company: sections 24.720(e); 90.814(c); and 101.1209(c).   We also add 
a definition of total assets to section 1.2110 of the Commissions rules   to address the circumstances 
in which total assets information is relevant to the determination of whether an applicant (or licensee) is 
eligible for status as an entrepreneur.   Accordingly, we delete the redundant portions of the following 
service-specific rules that pertain to total assets: sections 24.709(g); 24.720(g); and 90.815(e). 
18. Technical/ministerial edits to Commission rules.  As a result of the conforming edits 
made in this Order, some of the service-specific competitive bidding rules refer to sections of the Part 1 
general competitive bidding rules that have been removed or modified.  Accordingly, we modify the 
following rules to eliminate or correct references to rules that have been removed or modified: 1.2107(e); 
1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii); 21.956(b)(3); 21.960(b)(4); 22.223(b)(3); 24.321(c)(1); 24.709; 
24.711(b)-(b)(2); 24.712(a)-(b); 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii); 24.716(b)-(b)(2); 24.717(a)-
(b); 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4); 27.15(d)-(e); 73.3571(h)(4)(i); 73.3573(f)(5)(ii); 
73.5005(a); 73.5006(d); 80.1252(d); 90.705; 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f); 90.814(a)(3); 90.910(a); 
90.1017(a); 90.1025(b); 90.1103(d); 95.816(e); 95.823(c)(2), (c)(2)(iii), (c)(3); 101.538(c); and 
101.1319(b).   Finally, we correct errors in the following rules pursuant to the Bureaus delegated 
authority under section 0.331(d) to make ministerial conforming edits:  22.227; 24.711(b)(3)-(5);  
73.5009;  90.809(b); 90.813(a); 90.909(c); 90.913(a); 95.816(f); and 101.538(a)(7).  
IV. ORDERING CLAUSE
19. IT IS ORDERED that Parts 1, 21, 22, 24, 25, 27, 73, 74, 80, 90, 95, 100, and 101 of the 
Commissions rules are AMENDED in accordance with the foregoing Order and as set forth in Appendix 
A, effective 30 days after publication in the Federal Register.  This action is taken pursuant to the 
authority delegated by the Commission in the Part 1 Fifth Report and Order, 47 U.S.C.  155(c), and 47 
C.F.R.  0.131(c) and 0.331(d).
					FEDERAL COMMUNICATIONS COMMISSION




					Kathleen OBrien Ham
					Deputy Chief, Wireless Telecommunications Bureau


APPENDIX A: Rule Changes
For the reasons discussed in the preamble the Federal Communications Commission amends 47 
CFR parts 1, 21, 22, 24, 25, 27, 73, 74, 80, 90, 95, 100, and 101 as follows:
1. Amend  1.2107 by revising paragraph (e) to read as follows:
 1.2107 Submission of down payment and filing of long-form application.
* * * * *
(e) A winning bidder that seeks a bidding credit to serve a qualifying tribal land, as defined in  
1.2110(f)(3)(i), within a particular market must indicate on the long-form application (FCC Form 601) 
that it intends to serve a qualifying tribal land within that market.
* * * * *
2. Amend 1.2110 by revising paragraphs (b)(1), (f)(3)(ii)(B), (f)(3)(iii), (f)(3)(iv), (f)(3)(vii), 
and (m)(1) and adding new paragraph (o) to read as follows:
 1.2110 Designated entities.
* * * * *
(b) Eligibility for small business and entrepreneur provisions.
(1) Size attribution.  
(i) The gross revenues of the applicant (or licensee), its controlling interests and their affiliates shall be 
attributed to the applicant and considered on a cumulative basis and aggregated for purposes of 
determining whether the applicant (or licensee) is eligible for status as a small business.  An applicant 
seeking status as a small business must disclose on its short- and long-form applications, separately and in 
the aggregate, the gross revenues of the applicant (or licensee), its controlling interests and their affiliates 
for each of the previous three years. 
(ii) If applicable, the total assets of the applicant (or licensee), its controlling interests and their affiliates 
shall be attributed to the applicant and considered on a cumulative basis and aggregated for purposes of 
determining whether the applicant (or licensee) is eligible for status as an entrepreneur.  An applicant 
seeking status as an entrepreneur must disclose on its short- and long-form applications, separately and in 
the aggregate, the gross revenues of the applicant (or licensee), its controlling interests and their affiliates 
for each of the previous two years.
* * * * *
(f) * * *
(3) * * *
(ii) * * *
(B) In addition, within ninety (90) days after the filing deadline for long- form applications, the 
winning bidder must amend its long-form application and file a certification that it will comply with the 
buildout requirements set forth in  1.2110(f)(vi) and consult with the tribal government regarding the 
siting of facilities and deployment of service on the tribal land.
 (iii) Bidding credit formula.  Subject to the applicable bidding credit limit set forth in  1.2110(f)(3)(iv), 
the bidding credit shall equal three hundred thousand (300,000) dollars for the first two hundred (200) 
square miles (518 square kilometers) of qualifying tribal land, and fifteen hundred (1500) dollars for each 
additional square mile (2.590 square kilometer) of qualifying tribal land above two hundred (200) square 
miles (518 square kilometers).
(iv) Bidding credit limit.  If the high bid is equal to or less than one million (1,000,000) dollars, the 
maximum bidding credit calculated pursuant to  1.2110(f)(3)(iii) shall not exceed fifty (50) percent of 
the high bid.  If the high bid is greater than one million (1,000,000) dollars, but equal to or less than two 
million (2,000,000) dollars, the maximum bidding credit calculated pursuant to  1.2110(f)(3)(iii) shall 
not exceed five hundred thousand (500,000) dollars.  If the high bid is greater than two million 
(2,000,000) dollars, the maximum bidding credit calculated pursuant to  1.2110(f)(3)(iii) shall not 
exceed twenty-five (25) percent of the high bid.
* * * * *
 (vii) Performance penalties.  If a recipient of a bidding credit under this section fails to provide the 
post-construction certification required by  1.2110(f)(3)(vi), then it shall repay the bidding credit amount 
in its entirety, plus interest.  The interest will be based on the rate for ten-year U.S. Treasury obligations 
applicable on the date the license is granted.  Such payment shall be made within thirty (30) days of the 
third anniversary of the initial grant of its license.
* * * * *
(m) * * *
(1) Applicants and licensees claiming eligibility shall be subject to audits by the Commission, using in-
house and contract resources.  Selection for audit may be random, on information, or on the basis of other 
factors.
* * * * *
(o) 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 evidence by the most recently audited financial statements or certified by the 
applicants chief financial offer or its equivalent if the applicant does not otherwise use audited financial 
statements.
3. Revise  21.950 to read as follows:
 21.950 MDS subject to competitive bidding.
Mutually exclusive initial applications for MDS licenses are subject to competitive bidding.  The general 
competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless otherwise 
provided in this part.
 21.951 through   21.953 [Removed and Reserved]
4. Remove and reserve  21.951 through  21.953.
5. Revise  21.954 to read as follows:
 21.954 Submission of upfront payments.
Applicants who are small businesses eligible for reduced upfront payments will be required to submit an 
upfront payment amount in accordance with  21.960(c). 
21.955 [Removed and Reserved]
6. Remove and reserve  21.955.
7. Amend  21.956 by revising paragraph (b)(3) to read as follows:
 21.956 Filing of long-form applications or statements of intention.
* * * * *
(b) * * *
(3) an exhibit complying with   1.2110(j)  of this chapter and 21.960(e), if the winning bidder 
submitting the long-from application or statement of intention claims status as a designated entity. 
* * * * *
8. Revise  21.957 to read as follows:
 21.957 Comments  on statements of intention.
In addition to the provisions of  21.30, parties wishing to comment or oppose the issuance of a BTA 
authorization in connection with the filing of a statement of intention by a winning bidder must do so 
prior to the Commissions issuance of the BTA authorization. 
9. Revise  21.958 to read as follows:
  21.958 Issuance of BTA licenses.
A winning bidder who submitted a long-form application for an MDS station license within its BTA 
service area pursuant to  21.956(a) will receive its BTA authorization concurrent with the grant of its 
MDS conditional station license within its BTA service area. A winning bidder who submitted a 
statement of intention with regard to its BTA service area pursuant to  21.956(a) will receive its BTA 
authorization following the Commission's review of its statement of intention. The Commission will issue 
a BTA authorization to a winning bidder within ten (10) business days following notification of receipt of 
full payment of the amount of the winning bid.  
 21.959 [Removed and Reserved]
10. Remove and reserve  21.959.
11. Amend  21.960 by revising paragraph (b)(5) and removing paragraphs (d)(1) and (g) to read 
as follows:
 21.960 Designated entity provisions for MDS.
* * * * *
(b) * * *
(5) Unjust enrichment. If an eligible BTA authorization holder that utilizes installment financing under 
this subsection seeks to partition, pursuant to  21.931, a portion of its BTA containing one-third or more 
of the population of the area within its control in the licensed BTA to an entity not meeting the eligibility 
standards for installment payments, the holder must make full payment of the remaining unpaid principal 
and any unpaid interest accrued through the date of partition as a condition of approval.
* * * * *
12. Amend  21.961 by redesignating paragraph (b)(3) as (b)(2), and removing paragraphs (c) 
and (d).
13. Revise  22.201 to read as follows:
 22.201 Paging geographic area authorizations are subject to competitive bidding.
Mutually exclusive initial applications for paging geographic area licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart and Part 90 of this chapter.
 22.203 [Removed and Reserved]
14. Remove and reserve  22.203.
 22.205 [Removed and Reserved]
15. Remove and reserve  22.205.
 22.207 [Removed and Reserved]
16. Remove and reserve  22.207.
 22.209 [Removed and Reserved]
17. Remove and reserve  22.209.
 22.211 [Removed and Reserved]
18. Remove and reserve  22.211.
19. Revise  22.213 to read as follows:
 22.213 Filing of long-form applications.
After an auction, the Commission will not accept long form applications for paging geographic 
authorizations from anyone other than the auction winners and parties seeking partitioned authorizations 
pursuant to agreements with auction winners under  22.221 of this part.
 22.215 [Removed and Reserved]
20. Remove and reserve  22.215.
21. Revise  22.217 to read as follows:
 22.217 Bidding credit for small businesses.
A winning bidder that qualifies as a small business or a consortium of small businesses as defined in  
22.223(b)(1)(i) of this part may use a bidding credit of thirty-five (35) percent to lower the cost of its 
winning bid.  A winning bidder that qualifies as a small business or consortium of small businesses as 
defined in  22.223(b)(1)(ii) of this part may use a bidding credit of twenty-five (25) percent to lower the 
cost of its winning bid. 
22. Amend  22.223 by redesignating paragraph (b)(3) as (b)(2), removing paragraphs (b)(4), (c), 
(d) and (e), and revising newly redesignated paragraph (b)(2) to read as follows:
 22.223 Definitions concerning competitive bidding process.
* * * * *
(b) * * *
(2) A consortium of small businesses is a conglomerate organization formed as a joint venture between or 
among mutually independent business firms, each of which individually satisfies the definition of a small 
business in paragraph (b)(1)(i) or (b)(1)(ii) of this section.  Each individual member must establish its 
eligibility as a small business, as defined in this section.
23. Revise  22.225 to read as follows:
 22.225 Certifications, disclosures, records maintenance, and definitions.
(a) Short-form applications: certifications and disclosure.  In addition to certifications and disclosures 
required by Part 1, Subpart Q of this chapter, each applicant for a paging license which qualifies as a 
small business or consortium of small businesses shall append the following information as an exhibit to 
its FCC Form 175: the identity of the applicants controlling interest and affiliates, and, if a consortium of 
small businesses, the members of the joint venture. 
(b) Records maintenance.  All winning bidders qualifying as small businesses shall maintain at their 
principal place of business an updated file of ownership, revenue, and asset information, including any 
documents necessary to establish small businesses under  22.223.  Licensees (and their successors-in-
interest) shall maintain such files for the term of the license.  Applicants that do not obtain the license(s) 
for which they applied shall maintain such files until the grant of such license(s) is final, or one year from 
the date of the filing of their short-form application (FCC Form 175), whichever is earlier.
(c) Definitions.  The terms small business and consortium of small businesses used in this section are 
defined in  22.223.
24. Revise  22.227 to read as follows:
 22.227 Petitions to deny and limitations on settlements.
(a) Procedures regarding petitions to deny long-form applications in the paging service will be governed 
by  1.939.
(b) The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw 
an application or petition to deny will be limited by the provisions set forth in  1.935.
25. Revise  22.228 to read as follows:
 22.228 Cellular Rural Service Area licenses subject to competitive bidding.
Mutually exclusive initial applications for Cellular Rural Service Area licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
26. Revise  22.960 to read as follows:
 22.960 Cellular unserved area radiotelephone licenses subject to competitive bidding.
Mutually exclusive initial applications for cellular unserved area Phase I and Phase II licenses filed after 
July 26, 1993 are subject to competitive bidding.  The general competitive bidding procedures set forth in 
Part 1, Subpart Q of this chapter will apply unless otherwise provided in this subpart.
 22.961 through 22.965 [Removed and Reserved]
27. Remove and reserve  22.961 through 22.965.
 22.967 [Removed and Reserved]
28. Remove and reserve  22.967.
29. Revise  24.301 to read as follows:
 24.301 Narrowband PCS subject to competitive bidding.
Mutually exclusive initial applications for narrowband PCS service licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
30. Revise  24.321 to read as follows:
  24.321 Designated entities.  
(a) Eligibility for small business provisions. 
(1) A small business is an entity that, together with its controlling interests and affiliates, has 
average gross revenues not exceeding $ 40 million for the preceding three years. 
(2) A very small business is an entity that, together with its controlling interests and affiliates, has 
average gross revenues not exceeding $ 15 million for the preceding three years. 
(3) A consortium of small businesses (or a consortium of very small businesses) is a 
conglomerate organization formed as a joint venture between or among mutually independent business 
firms, each of which individually satisfies the definition in paragraph (a)(1) of this section (or each of 
which individually satisfies the definition in paragraph (a)(2) of this section). Where an applicant or 
licensee is a consortium of small businesses (or very small businesses), the gross revenues of each small 
business (or very small business) shall not be aggregated. 
(b) Bidding credits.  (1) After August 7, 2000, a winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in this section may use the bidding credit specified in   
1.2110(f)(2)(iii) of this chapter. A winning bidder that qualifies as a very small business or a consortium 
of very small businesses as defined in this section may use the bidding credit specified in   
1.2110(f)(2)(ii) of this chapter. 
(2)(i) Businesses owned by members of minority groups and women, including small businesses 
owned by members of minority groups and women, that are winning bidders on nationwide licenses on 
Channel 5, Channel 8, and Channel 11 prior to [effective date of rules] will be eligible for a twenty-five 
(25) percent bidding credit. 
(ii) Businesses owned by members of minority groups and women, including small businesses 
owned by members of minority groups and women, that are winning bidders on regional licenses on 
Channel 13 and Channel 17 prior to August 7, 2000 will be eligible for a forty (40) percent bidding credit. 
 (c) Installment payments. Small businesses, including small businesses owned by members of 
minority groups and women, that are winning bidders on any regional license prior to August 7, 2000 will 
be eligible to pay the full amount of their winning bids in installments over the term of the license 
pursuant to the terms set forth in  1.2110(g) of this chapter.  
31. Revise  24.701 to read as follows:
 24.701 Broadband PCS subject to competitive bidding.
Mutually exclusive initial applications for broadband PCS service licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
 24.702  [Removed and Reserved]
32. Remove and reserve  24.702.
 24.704  [Removed and Reserved]
33. Remove and reserve  24.704.
  24.706 [Removed and Reserved]
34. Remove and reserve  24.706.
  24.708 [Removed and Reserved]
35. Remove and reserve  24.708.
36. Revise  24.709 to read as follows:
 24.709 Eligibility for licenses for frequency Blocks C or F.
 (a) General Rule for licenses offered for closed bidding.
 (1) No application is acceptable for filing and no license shall be granted to a winning bidder in closed 
bidding for frequency block C or frequency block F, unless the applicant, together with its affiliates and 
persons or entities that hold interests in the applicant and their affiliates, have had gross revenues of less 
than $125 million in each of the last two years and total assets of less than $500 million at the time the 
applicant's short-form application (Form 175) is filed.
 (2) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this 
section (or pursuant to  24.839(a)(2)) shall maintain its eligibility until at least five years from the date of 
initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or 
increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues 
and total assets are not considered under paragraph (b) of this section), debt financing, revenue from 
operations or other investments, business development, or expanded service shall not be considered.
(3) Tiers.  (i) For purposes of determining spectrum to which the eligibility requirements of this section 
are applicable, the BTA service areas (see  24.202(b)) are divided into two tiers according to their 
population as follows: 
(A) Tier 1:  BTA service areas with population equal to or greater than 2.5 million; 
(B) Tier 2:  BTA service areas with population less than 2.5 million.
(ii) For Auction No. 35, the population of individual BTA service areas will be based on the 1990 census.  
For auctions beginning after the start of Auction No. 35, the population of individual BTA service areas 
will be based on the most recent available decennial census. 
 (4) Application of eligibility requirements. (i) The following categories of licenses will be subject to 
closed bidding pursuant to the eligibility requirements of this section in auctions that begin after the 
effective date of this paragraph.
 (A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 
MHz);
 (B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 
MHz;  1900-1905 MHz paired with 1980-1985 MHz) and all 15 MHz C block licenses.
 (ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this section, any C block license for 
operation on spectrum that has been offered, but not won by a bidder, in closed bidding in any auction 
beginning on or after March 23, 1999, will not be subject in a subsequent auction to closed bidding 
pursuant to the eligibility requirements of this section. 
(5) Special rule for licensees disaggregating or returning certain spectrum in frequency block C.
 (i) In addition to entities qualifying for closed bidding under paragraph (a)(1) of this section, any entity 
that was eligible for and participated in the auction for frequency block C, which began on December 18, 
1995, or the reauction for frequency block C, which began on July 3, 1996, will be eligible to bid for C 
block licenses offered in closed bidding in any reauction of frequency block C spectrum that begins 
within two years of March 23, 1999.
 (ii) In cases of merger, acquisition, or other business combination of entities, where each of the entities is 
eligible to bid for C block licenses offered in closed bidding in any reauction of C block spectrum on the 
basis of the eligibility exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will 
also be eligible for the exception specified in paragraph (a)(5)(i).
 (iii) In cases of merger, acquisition, or other business combination of entities, where one or more of the 
entities are ineligible for the exception set forth in paragraph (a)(5)(i) of this section, the resulting entity 
will not be eligible pursuant to paragraph (a)(5)(i) unless an eligible entity possesses de jure and de facto 
control over the resulting entity.
(iv) The following restrictions will apply for any reauction of frequency block C spectrum conducted after 
March 24, 1998:
 (A) Applicants that elected to disaggregate and surrender to the Commission 15 MHz of spectrum from 
any or all of their frequency block C licenses, as provided in Amendment of the Commission's Rules 
Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, 
Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC 
Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT 
Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for such disaggregated 
spectrum until 2 years from the start of the reauction of that spectrum.
 (B) Applicants that surrendered to the Commission any of their frequency block C licenses, as provided 
in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed 
Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on 
Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), 
will not be eligible to apply for the licenses that they surrendered to the Commission until 2 years from 
the start of the reauction of those licenses if they elected to apply a credit of 70% of the down payment 
they made on those licenses toward the prepayment of licenses they did not surrender. 
(b) Exceptions to General Rule.
(1) Scope.  The following provisions apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or 
pursuant to  24.839(a)(2) or (a)(3) prior to October 30, 2000.
(i) Small Business Consortia.  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.
 (ii) Publicly-Traded Corporations.  Where an applicant (or licensee) is a publicly traded corporation with 
widely dispersed voting power, the gross revenues and total assets of a person or entity that holds an 
interest in the applicant (or licensee), and its affiliates, shall not be considered.
 (iii) 25 Percent Equity Exception.  The gross revenues and total assets of a person or entity that holds an 
interest in the applicant (or licensee), and its affiliates, shall not be considered so long as:
 (A) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more 
than 25 percent of the applicant's (or licensee's) total equity;
 (B) Except as provided in paragraph (b)(1)(v) of this section, such person or entity is not a member of the 
applicant's (or licensee's) control group;  and
 (C) The applicant (or licensee) has a control group that complies with the minimum equity requirements 
of paragraph (b)(1)(v) of this section, and, if the applicant (or licensee) is a corporation, owns at least 50.1 
percent of the applicant's (or licensee's) voting interests, and, if the applicant (or licensee) is a partnership, 
holds all of its general partnership interests.
 (iv) 49.9 Percent Equity Exception.  The gross revenues and total assets of a person or entity that holds 
an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as:
 (A) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more 
than 49.9 percent of the applicant's (or licensee's) total equity;
 (B) Except as provided in paragraph (b)(1)(vi) of this section, such person or entity is not a member of 
the applicant's (or licensee's) control group;  and
 (C) The applicant (or licensee) has a control group that complies with the minimum equity requirements 
of paragraph (b)(1)(vi) of this section and, if the applicant (or licensee) is a corporation, owns at least 50.1 
percent of the applicant's (or licensee's) voting interests, and, if the applicant (or licensee) is a partnership, 
holds all of its general partnership interests.
 (v) Control Group Minimum 25 Percent Equity Requirement.  In order to be eligible to exclude gross 
revenues and total assets of persons or entities identified in paragraph (b)(1)(iii) of this section, and 
applicant (or licensee) must comply with the following requirements:
 (A) Except for an applicant (or licensee) whose sole control group member is a preexisting entity, as 
provided in paragraph (b)(1)(v)(B) of this section, at the time the applicant's short-form application (Form 
175) is filed and until at least three years following the date of initial license grant, the applicant's (or 
licensee's) control group must own at least 25 percent of the applicant's (or licensee's) total equity as 
follows:
 (1) At least 15 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, 
either unconditionally or in the form of options exercisable, at the option of the holder, at any time and at 
any exercise price equal to or less than the market value at the time the applicant files its short-form 
application (Form 175);
 (2) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership 
interests within the control group, and must have de facto control of the control group and of the 
applicant;
 (3) The remaining 10 percent of the applicant's (or licensee's) total equity may be owned, either 
unconditionally or in the form of stock options, by any of the following entities, which may not comply 
with  24.720(i)(1):
 (i) Institutional Investors;
 (ii) Noncontrolling existing investors in any preexisting entity that is a member of the control group;
 (iii) Individuals that are members of the applicant's (or licensee's) management;  or
 (iv) Qualifying investors, as specified in  24.720(i)(4).
 (4) Following termination of the three-year period specified in paragraph  (b)(1)(v)(A) of this section, 
qualifying investors must continue to own at least 10 percent of the applicant's (or licensee's) total equity 
unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(v)(A)(1) of 
this section.  The restrictions specified in paragraph (b)(1)(v)(A)(3)(i) through (b)(1)(v)(A)(3)(iv) of this 
section no longer apply to the remaining equity after termination of such three-year period.
 (B) At the election of an applicant (or licensee) whose control group's sole member is a preexisting 
entity, the 25 percent minimum equity requirements set forth in paragraph (b)(1)(v)(A) of this section 
shall apply, except that only 10 percent of the applicant's (or licensee's) total equity must be held in 
qualifying investors, and that the remaining 15 percent of the applicant's (or licensee's) total equity may 
be held by qualifying investors, or noncontrolling existing investors in such control group member or 
individuals that are members of the applicant's (or licensee's) management.  These restrictions on the 
identity of the holder(s) of the remaining 15 percent of the licensee's total equity no longer apply after 
termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section.
 (vi) Control Group Minimum 50.1 Percent Equity Requirement.  In order to be eligible to exclude gross 
revenues and total assets of persons or entities identified in paragraph (b)(1)(iv) of this section, an 
applicant (or licensee) must comply with the following requirements:
 (A) Except for an applicant (or licensee) whose sole control group member is a preexisting entity, as 
provided in paragraph (b)(1)(vi)(B) of this section, at the time the applicant's short-form application 
(Form 175) is filed and until at least three years following the date of initial license grant, the applicant's 
(or licensee's) control group must own at least 50.1 percent of the applicant's (or licensee's) total equity as 
follows:
 (1) at least 30 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, 
either unconditionally or in the form of options, exercisable at the option of the holder, at any time and at 
any exercise price equal to or less than the market value at the time the applicant files its short-form 
application (Form 175);
 (2) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership 
interests within the control group and must have de facto control of the control group and of the applicant;
 (3) The remaining 20.1 percent of the applicant's (or licensee's) total equity may be owned by qualifying 
investors, either unconditionally or in the form of stock options not subject to the restrictions of paragraph 
(b)(1)(vi)(A)(1) of this section, or by any of the following entities which may not comply with  
24.720(i)(1):
 (i) Institutional investors, either unconditionally or in the form of stock options;
 (ii) Noncontrolling existing investors in any preexisting entity that is a member of the control group, 
either unconditionally or in the form of stock options;
 (iii) Individuals that are members of the applicant's (or licensee's) management, either unconditionally or 
in the form of stock options;  or
 (iv) Qualifying investors, as specified in 24.720(i)(4).
 (4) Following termination of the three-year period specified in paragraph  (b)(1)(vi)(A) of this section, 
qualifying investors must continue to own at least 20 percent of the applicant's (or licensee's) total equity 
unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(vi)(A)(1) of 
this section.  The restrictions specified in paragraph (b)(1)(vi)(A)(3)(i) through (b)(1)(vi)(A)(3)(iv) of this 
section no longer apply to the remaining equity after termination of such three-year period.
 (B) At the election of an applicant (or licensee) whose control group's sole member is a preexisting 
entity, the 50.1 percent minimum equity requirements set forth in paragraph (b)(1)(vi)(A) of this section 
shall apply, except that only 20 percent of the applicant's (or licensee's) total equity must be held by 
qualifying investors, and that the remaining 30.1 percent of the applicant's (or licensee's) total equity may 
be held by qualifying investors, or noncontrolling existing investors in such control group member or 
individuals that are members of the applicant's (or licensee's) management.  These restrictions on the 
identity of the holder(s) of the remaining 30.1 percent of the licensee's total equity no longer apply after 
termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section.
 (vii) Calculation of Certain Interests.  Except as provided in paragraphs (b)(1)(v) and (b)(1)(vi) of this 
section, ownership interests shall be calculated on a fully diluted basis;  all agreements such as warrants, 
stock options and convertible debentures will generally be treated as if the rights thereunder already have 
been fully exercised, except that such agreements may not be used to appear to terminate or divest 
ownership interests before they actually do so, in order to comply with the nonattributable equity 
requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
 (viii) Aggregation of Affiliate Interests.  Persons or entities that hold interest in an applicant (or licensee) 
that are affiliates of each other or have an identify of interests identified in  1.2110(c)(5)(iii) will be 
treated as though they were one person or entity and their ownership interests aggregated for purposes of 
determining an applicant's (or licensee's) compliance with the nonattributable equity requirements in 
paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
 Example 1 for paragraph (b)(1)(viii).  ABC Corp. is owned by individuals, A, B, and C, each having an 
equal one-third voting interest in ABC Corp. A and B together, with two-thirds of the stock have the 
power to control ABC Corp. and have an identity of interest.  If A & B invest in DE Corp., a broadband 
PCS applicant for block C, A and B's separate interests in DE Corp. must be aggregated because A and B 
are to be treated as one person.
 Example 2 for paragraph (b)(1)(viii).  ABC Corp. has subsidiary BC Corp., of which it holds a 
controlling 51 percent of the stock.  If ABC Corp. and BC Corp., both invest in DE Corp., their separate 
interests in DE Corp. must be aggregated because ABC Corp. and BC Corp. are affiliates of each other.
 (2) The following provisions apply to licenses acquired pursuant to  24.839(a)(2) or (a)(3) on or after 
October 30, 2000.
(i) In addition to the eligibility requirements set forth  at 24.709(a) and (b), applicants and/or licensees 
seeking to acquire C and/or F block licenses pursuant to 24.839(a)(2) or (a)(3) will be subject to the 
controlling interest standard in 1.2110(c)(2) of the Commissions rules for purposes of determining unjust 
enrichment payment obligations. See  1.2111.
 (c) Short-Form and Long-Form Applications:  Certifications and Disclosure.
 (1) Short-form Application.  In addition to certifications and disclosures required by Part 1, subpart Q of 
this chapter, each applicant to participate in closed bidding for frequency block C or frequency block F 
shall certify on its short-form application (Form 175) that it is eligible to bid on and obtain such 
license(s), and (if applicable) that it is eligible for designated entity status pursuant to this section and  
24.720, and shall append the following information as an exhibit to its Form 175:
 (i) For all applicants:
 (A) The applicant's gross revenues and total assets, computed in accordance with paragraphs (a) of this 
section and  1.2110(b)(1)-(b)(2).
 (ii) For all applicants that participated in Auction Nos. 5, 10, 11, and/or 22:
 (A) The identity of each member of the applicant's control group, regardless of the size of each member's 
total interest in the applicant, and the percentage and type of interest held;
 (B) The citizenship and the gender or minority group classification for each member of the applicant's 
control group if the applicant is claiming status as a business owned by members of minority groups 
and/or women;

(C) The status of each control group member that is an institutional investor, an existing investor, and/or 
a member of the applicant's management;
 (D) The identify of each affiliate of the applicant and each affiliate of individuals or entities identified 
pursuant to paragraphs (c)(1)(ii)(A) and (c)(1)(ii)(C) of this section;
 (E) A certification that the applicant's sole control group member is a preexisting entity, if the applicant 
makes the election in either paragraph (b)(1)(v)(B) or (b)(1)(vi)(B)of this section; and 
 (F) For an applicant that is a publicly traded corporation with widely disbursed voting power:
 (1) A certified statement that such applicant complies with the requirements of the definition of publicly 
traded corporation with widely disbursed voting power set forth in  24.720(h);
 (2) The identify of each affiliate of the applicant.
 (iii) For each applicant claiming status as a small business consortium, the information specified in 
paragraph (c)(1)(ii) of this section, for each member of such consortium.
 (2) Long-form Application.  In addition to the requirements in subpart I of this part and other applicable 
rules (e.g.,  20.6(e) and 20.9(b) of this chapter), each applicant submitting a long-form application for a 
license(s) for frequency block C or F shall in an exhibit to its long- form application:
 (i) Disclose separately and in the aggregate the gross revenues and total assets, computed in accordance 
with paragraphs (a) and (b) of this section, for each of the following:  the applicant;  the applicant's 
affiliates, the applicant's control group members;  the applicant's attributable investors; and affiliates of 
its attributable investors;
 (ii) List and summarize all agreements or other instruments (with appropriate references to specific 
provisions in the text of such agreements and instruments) that support the applicant's eligibility for a 
license(s) for frequency block C or frequency block F and its eligibility under  24.711, 24.712, 24.714 
and 24.720, including the establishment of de facto and de jure control;  such agreements and instruments 
include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, 
partnership agreements, management agreements, joint marketing agreements, franchise agreements, and 
any other relevant agreements (including letters of intent), oral or written;  and
 (iii) List and summarize any investor protection agreements and identify specifically any such provisions 
in those agreements identified pursuant to paragraph (c)(2)(ii) of this section, including rights of first 
refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint 
members to boards of directors or management committees.
(3) Records Maintenance.  All applicants, including those that are winning bidders, shall maintain at their 
principal place of business an updated file of ownership, revenue and asset information, including those 
documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and any other documents 
necessary to establish eligibility under this section or under the definitions of small business and/or 
business owned by members of minority groups and/or women.  Licensees (and their successors in 
interest) shall maintain such files for the term of the license.  Applicants that do not obtain the license(s) 
for which they applied shall maintain such files until the grant of such license(s) is final, or one year from 
the date of the filing of their short-form application (Form 175), whichever is earlier.
 (d) Definitions. The terms consortium of small businesses, control group, existing investor, institutional 
investor, nonattributable equity, preexisting entity, publicly traded corporation with widely dispersed 
voting power, qualifying investor, and small business used in this section are defined in  24.720 of this 
chapter.
37. Revise  24.711 to read as follows:
 24.711 Installment payments for licenses for frequency Block C.
Installment payments.  Each eligible licensee of frequency Block C may pay the remaining 90 percent of 
the net auction price for the license in installment payments pursuant to  1.2110(f) of this chapter and 
under the following terms:
 (a) For an eligible licensee with gross revenues exceeding $75 million  (calculated in accordance with  
1.2110(b) and 24.709(b)) in each of the two preceding years (calculated in accordance with  1.2110(n) of 
the Commissions rules), interest shall be imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted, plus 3.5 percent;  payments shall include both 
principal and interest amortized over the term of the license.
 (b) For an eligible licensee with gross revenues not exceeding $75 million  (calculated in accordance 
with  1.2110(b) and 24.709(b)) in each of the two preceding years, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 
percent;  payments shall include interest only for the first year and payments of interest and principal 
amortized over the remaining nine years of the license term.
 (c) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, 
interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted; payments shall include interest only for the first six years and payments of interest 
and principal amortized over the remaining four years of the license term.
38. Revise 24.712 to read as follows:
 24.712 Bidding credits for licenses won for frequency Block C.
(a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a 
winning bidder that qualifies as a small business or a consortium of small businesses as defined in   
24.720(b)(1) or   24.720(b)(3) may use a bidding credit of fifteen percent, as specified in  
1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid. 
(b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a 
winning bidder that qualifies as a very small business or a consortium of very small businesses as defined 
in   24.720(b)(2) or   24.720(b)(4) may use a bidding credit of twenty-five percent as specified in   
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid. 
(c) Unjust enrichment.  The unjust enrichment provisions of  1.2111(d) and (e)(2) shall not apply with 
respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, 
or the reauction of block C spectrum that began on July 3, 1996.
39. Amend  24.714 by redesignating paragraph (d) as (c) and revising newly redesignated 
paragraphs (c)(1), (c)(2)(i), (c)(2)(iii), (c)(3)(i), and (c)(3)(ii) to read as follows:
 24.714 Partitioned licenses and disaggregated spectrum.
* * * * *
(c) Installment payments--(1) Apportioning the balance on installment payment plans. When a winning 
bidder elects to pay for its license through an installment payment plan pursuant to   1.2110(g) of this 
chapter or 24.716, and partitions its licensed area or disaggregates spectrum to another party, the 
outstanding balance owed by the licensee on its installment payment plan (including accrued and unpaid 
interest) shall be apportioned between the licensee and partitionee or disaggregatee. Both parties will be 
responsible for paying their proportionate share of the outstanding balance to the U.S. Treasury. In the 
case of partitioning, the balance shall be apportioned based upon the ratio of the population of the 
partitioned area to the population of the entire original license area calculated based upon the most recent 
census data. In the case of disaggregation, the balance shall be apportioned based upon the ratio of the 
amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area. 
(2) * * *
(i) When a winning bidder elects to pay for its license through an installment payment plan, and 
partitions its license or disaggregates spectrum to another party that would not qualify for an installment 
payment plan or elects not to pay its share of the license through installment payments, the outstanding 
balance owed by the licensee (including accrued and unpaid interest shall be apportioned according to  
24.714(c)(1).
* * * * *
(iii) The licensee shall be permitted to continue to pay its pro rata share of the outstanding 
balance and shall receive new financing documents (promissory note, security agreement) with a revised 
payment obligation, based on the remaining amount of time on the original installment payment schedule. 
These financing documents will replace the licensee's existing financing documents, which shall be 
marked "superseded" and returned to the licensee upon receipt of the new financing documents. The 
original interest rate, established pursuant to   1.2110(g)(3)(i) of this chapter at the time of the grant of 
the initial license in the market, shall continue to be applied to the licensee's portion of the remaining 
government obligation. We will require, as a further condition to approval of the partial assignment 
application, that the licensee execute and return to the U.S. Treasury the new financing documents within 
30 days of the Public Notice conditionally granting the partial assignment application. Failure to meet this 
condition will result in the automatic cancellation of the grant of the partial assignment application. 
* * * * * 
(3) * * *
(i) Where both parties to a partitioning or disaggregation agreement qualify for installment 
payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion 
of the remaining government obligations, as calculated according to  24.714(c)(1).
(ii) Each party will be required, as a condition to approval of the partial assignment application, to 
execute separate financing documents (promissory note, security agreement) agreeing to pay their pro rata 
portion of the balance due (including accrued and unpaid interest) based upon the installment payment 
terms for which they qualify under the rules. The financing documents must be returned to the U.S. 
Treasury within thirty (30) days of the Public Notice conditionally granting the partial assignment 
application. Failure by either party to meet this condition will result in the automatic cancellation of the 
grant of the partial assignment application. The interest rate, established pursuant to  1.2110(g)(3)(i) of 
this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both 
parties' portion of the balance due. Each party will receive a license for their portion of the partitioned 
market or disaggregated spectrum.
* * * * *
40. Revise  24.716 to read as follows:
 24.716 Installment payments for licenses for frequency Block F.
Installment Payments.  Each eligible licensee of frequency Block F may pay the remaining 80 percent of 
the net auction price for the license in installment payments pursuant to  1.2110(g) of this chapter and 
under the following terms:
 (a) For an eligible licensee with gross revenues exceeding $75 million  (calculated in accordance with  
1.2110(b) and, when applicable, 24.709(b)) in each of the two preceding years (calculated in accordance 
with  1.2110(n) of the Commissions rules), interest shall be imposed based on the rate for ten-year U.S. 
Treasury obligations applicable on the date the license is granted, plus 3.5 percent;  payments shall 
include both principal and interest amortized over the term of the license;
 (b) For an eligible licensee with gross revenues not exceeding $75 million  (calculated in accordance 
with  1.2110(b) and, when applicable, 24.709(b)) in each of the two preceding years (calculated in 
accordance with  1.2110(n) of the Commissions rules), interest shall be imposed based on the rate for 
ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent;  
payments shall include interest only for the first year and payments of interest and principal amortized 
over the remaining nine years of the license term;  or
 (c) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, 
interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted;  payments shall include interest only for the first two years and payments of interest 
and principal amortized over the remaining eight years of the license term.
41. Revise  24.717 to read as follows:
 24.717 Bidding credits for licenses for frequency Block F.
(a) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a 
winning bidder that qualifies as a small business or a consortium of small businesses as defined in  
24.720(b)(1) or  24.720(b)(3) may use a bidding credit of fifteen percent, as specified in  
1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid.
 (b) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a 
winning bidder that qualifies as a very small business or a consortium of very small businesses as defined 
in  24.720(b)(2) or  24.720(b)(4) may use a bidding credit of twenty-five percent as specified in  
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid.
42. Revise 24.720 to read as follows:
 24.720 Definitions.
(a) Scope.  The definitions in this section apply to  24.709 through 24.717, unless otherwise specified 
in those sections.
 (b) Small business;  very small business;  consortia.
 (1) A small business is an entity that, together with its affiliates and persons or entities that hold interest 
in such entity and their affiliates, has average annual gross revenues that are not more than $40 million 
for the preceding three years.
 (2) A very small business is an entity that, together with its affiliates and persons or entities that hold 
interests in such entity and their affiliates, has average annual gross revenues that are not more than $15 
million for the preceding three years.
 (3) A small business consortium is a conglomerate organization formed as a joint venture between or 
among mutually independent business firms, each of which individually satisfies the definition of a small 
business in paragraph (b)(1) of this section. 
 (4) A very small business consortium is a conglomerate organization formed as a joint venture between 
or among mutually independent business firms, each of which individually satisfies the definition of a 
very small business in paragraph (b)(2) of this section.
 (c) Business Owned by Members of Minority Groups and/or Women.  A business owned by members of 
minority groups and/or women is an entity:
 (1) In which the qualifying investor members of an applicant's control group are members of minority 
groups and/or women who are United States citizens; and
 (2) That complies with the requirements of  24.709(b)(1)(iii) and (b)(1)(v) or  24.709(b)(1)(iv) and 
(b)(vi).
 (d) Small Business Owned by Members of Minority Groups and/or Women:  Consortium of Small 
Businesses Owned by Members of Minority 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 definitions in paragraphs (b) and (c) of this section.
 (e)  Institutional Investor.  An institutional investor is an insurance company, a bank holding stock in 
trust accounts through its trust department, or an investment company as defined in 15 U.S.C. 80a-3(a), 
including within such definition any entity that would otherwise meet the definition of investment 
company under 15 U.S.C. 80a-3(a) but is excluded by the exemptions set forth in 15 U.S.C. 80a-3 (b) and 
(c), without regard to whether such entity is an issuer of securities;  provided that, if such investment 
company is owned, in whole or in part, by other entities, such investment company, such other entities 
and the affiliates of such other entities, taken as a whole, must be primarily engaged in the business of 
investing, reinvesting or trading in securities or in distributing or providing investment management 
services for securities.
 (f) Nonattributable Equity.
 (1) Nonattributable equity shall mean:
 (i) For corporations, voting stock or non-voting stock that includes no more than twenty-five percent of 
the total voting equity, including the right to vote such stock through a voting trust or other arrangement;
 (ii) For partnerships, joint ventures and other non-corporate entities, limited partnership interests and 
similar interests that do not afford the power to exercise control of the entity.
 (2) For purposes of assessing compliance with the equity limits in  24.709 (b)(1)(iii)(A) and 
(b)(1)(iv)(A), where such interests are not held directly in the applicant, the total equity held by a person 
or entity shall be determined by successive multiplication of the ownership percentages for each link in 
the vertical ownership chain.
 (g) 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 or 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 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, for other types of businesses, the entity and/or its members have the right to receive dividends, 
profits and regular and liquidating distributions from the business in proportion to the amount of equity 
held in the business.
 NOTE to paragraph (g):  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.,  1.2110(c)(5)(ii)(C)).
 (h) Publicly Traded Corporation with Widely Dispersed Voting Power.  A publicly traded corporation 
with widely dispersed voting power is a business entity organized under the laws of the United States:
 (1) Whose shares, debt, or other ownership interests are traded on an organized securities exchange 
within the United States;
 (2) In which no person
 (i) Owns more than 15 percent of the equity;  or
 (ii) Possesses, directly or indirectly, through the ownership of voting securities, by contract or otherwise, 
the power to control the election of more than 15 percent of the members of the board of directors or other 
governing body of such publicly traded corporation;  and
 (3) Over which no person other than the management and members of the board of directors or other 
governing body of such publicly traded corporation, in their capacities as such, has de facto control.
 (4) The term person shall be defined as in section 13(d) of the Securities and Exchange Act of 1934, as 
amended (15 U.S.C. 78(m)), and shall also include investors that are commonly controlled under the 
indicia of control set forth in the definition of affiliate in paragraphs (1)(2) through (1) of this section.
 (i) Qualifying Investor;  Qualifying Minority and/or Woman Investor.
 (1) A qualifying investor is a person who is (or holds an interest in) a member of the applicant's (or 
licensee's) control group and whose gross revenues and total assets, when aggregated with those of all 
other attributable investors and affiliates, do not exceed the gross revenues and total assets limits specified 
in  24.709(a), or, in the case of an applicant (or licensee) that is a small business, do not exceed the gross 
revenues limit specified in paragraph (b) of this section.
 (2) A qualifying minority and/or woman investor is a person who is a qualifying investor under paragraph 
(i)(1), who is (or holds an interest in) a member of the applicant's (or licensee's) control group and who is 
a member of a minority group or a woman and a United States citizen.
 (3) For purposes of assessing compliance with the minimum equity requirements of  24.709(b)(1)(v) 
and (b)(1)(vi), where such equity interests are not held directly in the applicant, interests held by 
qualifying investors or qualifying minority and/or woman investors shall be determined by successive 
multiplication of the ownership percentages for each link in the vertical ownership chain.
 (4) For purposes of  24.709 (b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3), a qualifying investor is a person who is 
(or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross 
revenues and total assets do not exceed the gross revenues and total assets limits specified in  24.709(a).
 (j) Preexisting entity;  Existing investor.  A preexisting entity is an entity that was operating and earning 
revenues for at least two years prior to December 31, 1994.  An existing investor is a person or entity that 
was an owner of record of a preexisting entity's equity as of November 10, 1994, and any person or entity 
acquiring de minimis equity holdings in a preexisting entity after that date.
Note:  In applying the term existing investor to de minimis interests in preexisting entities obtained or 
increased after November 10, 1994, the Commission will scrutinize any significant restructuring of the 
preexisting entity that occurs after that date and will presume that any change of equity that is five percent 
or less of the preexisting entity's total equity is de minimis.  The burden is on the applicant (or licensee) to 
demonstrate that changes that exceed five percent are not significant.
43. Revise  25.401 to read as follows:
 25.401 Satellite DARS applications subject to competitive bidding.
Mutually exclusive initial applications for DARS service licenses are subject to competitive bidding.  The 
general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless 
otherwise provided in this part.
 25.402 [Removed and Reserved]
44. Remove and reserve  25.402.	
45. Revise  25.404 to read as follows:
 25.404 Submission of down payment and filing of long-form applications.
A high bidder that meets its down payment obligations in a timely manner must, within thirty (30) 
business days after being notified that it is a high bidder, submit an amendment to its pending application 
to provide the information required by  25.144.
 25.405 through  25.406 [Removed and Reserved]
46. Remove and reserve  25.405 through  25.406.
47. Amend  27.15 by redesignating paragraphs (d) and (e) as (c) and (d).
48. Revise  27.201 to read as follows:
 27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding.
Mutually exclusive initial applications for WCS licenses in the 2305-2320 MHz and 2345-2360 MHz 
bands are subject to competitive bidding.  The general competitive bidding procedures set forth in Part 1, 
Subpart Q of this chapter will apply unless otherwise provided in this subpart.
 27.202 through  27.206 [Removed and Reserved]
49. Remove and reserve  27.202 through  27.206.
 27.208 [Removed and Reserved]
50. Remove and reserve  27.208.
51. Amend  27.209 by removing paragraph (d).
52. Revise  27.210 to read as follows:
 27.210 Definitions
(a) Scope.  The definitions in this section apply to  27.209, unless otherwise specified in those sections.
(b) Small Business; Very Small Business; Consortia.
 (1) A small business is an entity that, together with its affiliates and controlling principals, has average 
annual gross revenues that are not more than $40 million for the preceding three years.
 (2) A very small business is an entity that, together with its affiliates and controlling principals, has 
average annual gross revenues that are not more than $15 million for the preceding three years.
 (3) For purposes of paragraphs (b)(1) and (b)(2) of this section, the personal net worth of an applicant 
and its affiliates is not included in the applicant's gross revenues.
 (4) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate 
organization formed as a joint venture between or among mutually independent business firms, each of 
which individually satisfies the definition in paragraph (b)(1) of this section or each of which satisfies the 
definition in paragraph (b)(2) of this section.  Where an applicant (or licensee) is a consortium of small 
businesses, the gross revenues of each small business shall not be aggregated.
53. Amend  27.501 by revising paragraph (a) to read as follows:
 27.501 746-761 MHz and 776-794 MHz bands subject to competitive bidding.
(a) Mutually exclusive initial applications for licenses in the 746-764 MHz and 776-794 MHz bands are 
subject to competitive bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q 
of this chapter will apply unless otherwise provided in this subpart.
* * * * *
54. Revise  27.502 to read as follows:
 27.502 Designated entities
Eligibility for small business provisions.
 (a) A small business is an entity that, together with its controlling interests and affiliates, has average 
gross revenues not exceeding $40 million for the preceding three years.
 (b) A very small business is an entity that, together with its controlling interests and affiliates, has 
average gross revenues not exceeding $15 million for the preceding three years.
 (c) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate 
organization formed as a joint venture between or among mutually independent business firms, each of 
which individually satisfies the definition in paragraph (a)(1) of this section (or each of which 
individually satisfies the definition in paragraph (a)(2) of this section). 
55. Amend  27.701 by revising paragraph (a) to read as follows:
 27.701 698-746 MHz bands subject to competitive bidding.
Mutually exclusive initial applications for licenses in the 698-746 MHz band are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
56. Amend  73.3571 by revising paragraph (h)(4)(i) to read as follows:
 73.3571 Processing of AM broadcast station applications.
* * * * * 
	(h) * * *
	(4)(i) The auction will be held pursuant to the procedures set forth in  1.2101 et seq. and 
73.5000 et seq.  Subsequent to the auction, the FCC will release a Public Notice announcing the close of 
the auction and identifying the winning bidders.  Winning bidders will be subject to the provisions of  
1.2107 regarding down payments and will be required to submit the appropriate down payment within 10 
business days of the Public Notice.  Pursuant to  1.2107 and 73.5005, a winning bidder that meets its 
down payment obligations in a timely manner must, within 30 days of the release of the Public Notice 
announcing the close of the auction, submit the appropriate long- form application for each construction 
permit for which it was the winning bidder.  Long-form applications filed by winning bidders shall 
include the exhibits identified in  73.5005(a).
* * * * *
57. Amend  73.3572 by revising paragraphs (e) and (f) to read as follows:
 73.3572 Processing of TV Broadcast, Class A TV Broadcast, low power TV, TV translator and 
TV booster station applications.

* * * * *
(e) The FCC will specify by Public Notice, pursuant to  73.5002, a period for filing applications for a 
new non-reserved television, low power TV and TV translator stations or for major modifications in the 
facilities of such authorized stations and major modifications in the facilities of Class A TV stations.
(f) Applications for minor modification of Class A TV, low power TV, TV translator and TV booster 
stations may be filed at any time, unless restricted by the FCC, and will be processed on a 
"first-come/first-served" basis, with the first acceptable application cutting off the filing rights of 
subsequent, competing applicants.  Provided, however, that applications for minor modifications of Class 
A TV and those of TV broadcast stations may become mutually exclusive until grant of a pending Class 
A TV or TV broadcast minor modification application.
* * * * *
58. Amend  73.3573 by revising paragraph (f)(5)(i) and (f)(5)(ii) to read as follows:
 73.3573 Processing FM broadcast station applications.
* * * * *
(f) * * * 
(5) * * * 
	(i) Pursuant to  1.2107 and 73.5005, a winning bidder that meets its down payment obligations 
in a timely manner must, within 30 days of the release of the public notice announcing the close of the 
auction, submit the appropriate long- form application for each construction permit for which it was the 
winning bidder.  Long-form applications filed by winning bidders shall include the exhibits identified in  
73.5005(a).
(ii) These applications will be processed and the FCC will periodically release a Public Notice 
listing such applications that have been accepted for filing and announcing a date by which petitions to 
deny must be filed in accordance with the provisions of  73.5006 and 73.3584 of this chapter.  If the 
applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and 
necessity will be served by the granting of the winning bidder's long-form application, a Public Notice 
will be issued announcing that the construction permit is ready to be granted.  Each winning bidder shall 
pay the balance of its winning bid in a lump sum within 10 business days after release of the Public 
Notice, as set forth in  1.2109(a) and 73.5003.  Construction permits will be granted by the 
Commission following the receipt of the full payment.
* * * * *
59. Amend  73.5000 by revising paragraph (a) to read as follows:
 73.5000 Services subject to competitive bidding.
	(a) Mutually exclusive applications for new facilities and for major changes to existing facilities 
in the following broadcast services are subject to competitive bidding:  AM;  FM;  FM translator;  analog 
television;  low power television; television translator; Instructional Television Fixed Service (ITFS); and 
Class A television.  Mutually exclusive applications for minor modifications of Class A television and 
television broadcast are also subject to competitive bidding.  The general competitive bidding procedures 
set forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in Part 73 or Part 74. 
* * * * *
 73.5001 [Removed and Reserved]
60. Remove and reserve  73.5001.
61. Revise  73.5003 to read as follows:
 73.5003 Submission of full payments.

If a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable 
deadline as specified by the Commission, it will be allowed to make payment within ten (10) business 
days after the payment deadline, provided that it also pays a late fee equal to five (5) percent of the 
amount due.  Broadcast construction permits and ITFS licenses will be granted by the Commission 
following the receipt of full payment
 73.5004 [Removed and Reserved]
62. Remove and reserve  73.5004.
63. Amend  73.5005 by revising paragraph (a) to read as follows:
 73.5005 Filing of long-form applications.
(a) Within thirty (30) days following the close of bidding and notification to the winning bidders, 
each winning bidder must submit an appropriate long-form application (FCC Form 301, FCC Form 346, 
FCC Form 349 or FCC Form 330) for each construction permit or license for which it was the high 
bidder.  Long-form applications filed by winning bidders shall include the exhibits required by 47 CFR 
1.2107(d) (concerning any bidding consortia or joint bidding arrangements);  1.2110(j) (concerning 
designated entity status, if applicable); and  1.2112 (a) and (b) (concerning disclosure of ownership and 
real party in interest information, and, if applicable, disclosure of gross revenue information for small 
business applicants).
* * * * *
64. Amend  73.5006 by revising paragraph (d) to read as follows:
 73.5006  Filing of petitions to deny against long-form applications
* * * * *
(d) If the Commission denies or dismisses all petitions to deny, if any are filed, and is otherwise satisfied 
that an applicant is qualified, a public notice will be issued announcing that the broadcast construction 
permit(s) or ITFS license(s) is ready to be granted, upon full payment of the balance of the winning 
bid(s).  See 47 CFR 73.5003.  Construction of broadcast stations or ITFS facilities shall not commence 
until the grant of such permit or license to the winning bidder.
65. Revise  73.5009 to read as follows:
 73.5009 Assignment or transfer of control.
(a) The unjust enrichment provisions found at sections 1.2111(b) through (e) of this chapter shall not 
apply to applicants seeking approval of a transfer of control or assignment of a broadcast construction 
permit or license within three years of receiving such permit or license by means of competitive bidding.  
(b) The ownership disclosure requirements found at section 1.2112(a) of this chapter shall not apply to an 
applicant seeking consent to assign or transfer control of a broadcast construction permit or license 
awarded by competitive bidding.
66. Amend  74.1233 by revising paragraph (5)(i) to read as follows:
 74.1233 Processing FM translator and booster station applications.

* * * * *

(5)(i) Pursuant to  1.2107, a winning bidder that meets its down payment obligations in a timely manner 
must, within 30 days of the release of the public notice announcing the close of the auction, submit the 
appropriate long-form application for each construction permit for which it was the winning bidder.  
Long-form applications filed by winning bidders shall include the exhibits identified in  73.5005.
* * * * *

67. Revise  80.1251 to read as follows:
 80.1251 Maritime communications subject to competitive bidding.
Mutually exclusive initial applications for VPCSA licenses and AMTS coast station licenses are subject 
to competitive bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this 
chapter will apply unless otherwise provided in this part.
68. Amend  80.1252 by redesignating paragraphs (b)(5) and (d) as (b)(3) and (c), removing 
paragraph (b)(4), and revising newly redesignated paragraph (c) to read as follows:
 80.1252  Designated entities.
* * * * *
(c) A winning bidder that qualifies as a small business or consortium of small businesses as defined in  
80.1252(b)(1) or  80.1252(b)(3) of this subpart may use the bidding credit specified in  1.2110(f)(2)(ii) 
of this chapter.  A winning bidder that qualifies as a very small business or consortium of very small 
businesses as defined in  80.1252(b)(2) or  80.1252(b)(3) may use the bidding credit specified in          
 1.2110(f)(2)(i) of this chapter.
69. Amend  90.705 by revising the first sentence to read as follows:
 90.705  Forms to be used.

Phase II applications for EA, Regional, or Nationwide radio facilities under this subpart must be prepared 
in accordance with  1.2105 and 1.2107 of this chapter. * * * 
70. Revise  90.801 to read as follows:
 90.801  900 MHz SMR spectrum subject to competitive bidding.
Mutually exclusive initial applications for 900 MHz SMR service licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
 90.802 through  90.803 [Removed and Reserved] 
71. Remove and reserve  90.802 through  90.803.
 90.805 through  90.806 [Removed and Reserved]
72. Remove and reserve  90.805 through  90.806.
73. Revise  90.807 to read as follows:
 90.807  Submission of upfront payments.

Each bidder in the 900 MHz SMR auction will be required to submit an upfront payment of $0.02 per 
MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid.
 90.808  [Remove and Reserve]
74. Remove and reserve  90.808.
75. Revise  90.809 to read as follows:
 90.809  License grants.
MTA licenses pursued through competitive bidding will be granted pursuant to the requirements specified 
in  1.945 of this chapter.
76. Revise  90.810 to read as follows:
 90.810  Bidding credits for small businesses.
A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in  
90.814(b)(1)(i) may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the 
blocks identified in  90.617(d), Table 4B.  A winning bidder that qualifies as a small business or a 
consortium of small businesses, (as defined in  90.814(b)(1)(ii) may use a bidding credit of 10 percent to 
lower the cost of its winning bid on any of the blocks identified in  90.617(d), Table 4B.
 90.812  [Remove and Reserve]
77. Remove and reserve  90.812.
78. Amend  90.813 by redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d), and (e), 
and revising paragraph (a) and newly redesignated paragraph (c) to read as follows: 
 90.813 Partitioned licenses and disaggregated spectrum.
(a) Eligibility.  Parties seeking approval for partitioning and disaggregation shall request an authorization 
for partial assignment of a license pursuant to  1.948 of this chapter.
* * * * *
(c) Installment Payments.

 (1) Apportioning the Balance on Installment Payment Plans.  When a winning bidder elects to pay for its 
license through an installment payment plan pursuant to  90.812, and partitions its licensed area or 
disaggregates spectrum to another party, the outstanding balance owed by the licensee on its installment 
payment plan (including accrued and unpaid interest) shall be apportioned between the licensee and 
partitionee or disaggregatee.  Both parties will be responsible for paying their proportionate share of the 
outstanding balance to the U.S. Treasury.  In the case of partitioning, the balance shall be apportioned 
based upon the ratio of the population of the partitioned area to the population of the entire original 
license area calculated based upon the most recent census data.  In the case of disaggregation, the balance 
shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of 
spectrum allocated to the licensed area.
(2) Parties Not Qualified For Installment Payment Plans.
 (i) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment 
application, pay its entire pro rata amount within 30 days of Public Notice conditionally granting the 
partial assignment application.  Failure to meet this condition will result in a rescission of the grant of the 
partial assignment application.
 (ii) The licensee shall be permitted to continue to pay its pro rata share of the outstanding balance and 
shall receive new financing documents (promissory note, security agreement) with a revised payment 
obligation, based on the remaining amount of time on the original installment payment schedule.  These 
financing documents will replace the licensee's existing financing documents which shall be marked 
superseded and returned to the licensee upon receipt of the new financing documents.  The original 
interest rate, established pursuant to  1.2110(g)(3)(i) of this chapter at the time of the grant of the initial 
license in the market, shall continue to be applied to the licensee's portion of the remaining government 
obligation.  We will require, as a further condition to approval of the partial assignment application, that 
the licensee execute and return to the U.S. Treasury the new financing documents within 30 days of the 
Public Notice conditionally granting the partial assignment application.  Failure to meet this condition 
will result in the automatic cancellation of the grant of the partial assignment application.
 (iii) A default on the licensee's payment obligation will only affect the licensee's portion of the market.
 (3) Parties Qualified For Installment Payment Plans.
 (i) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the 
partitionee or disaggregatee will be permitted to make installment payments on its portion of the 
remaining government obligation, as calculated according to paragraph (d)(1) of this section.
 (ii) Each party will be required, as a condition to approval of the partial assignment application, to 
execute separate financing documents (promissory note, security agreement) agreeing to pay their pro rata 
portion of the balance due (including accrued and unpaid interest) based upon the installment payment 
terms for which they qualify under the rules.  The financing documents must be returned to the U.S. 
Treasury within thirty (30) days of the Public Notice conditionally granting the partial assignment 
application.  Failure by either party to meet this condition will result in the automatic cancellation of the 
grant of the partial assignment application.  The interest rate, established pursuant to  1.2110(g)(3)(i) of 
this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both 
parties' portion of the balance due.  Each party will receive a license for their portion of the partitioned 
market or disaggregated spectrum.
 (iii) A default on an obligation will only affect that portion of the market area held by the defaulting 
party.
 (iv) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of 
their pro rata portion of the balance due in a lump sum payment to the U.S. Treasury and to pay the 
remaining portion of the balance due pursuant to an installment payment plan.
* * * * *
79. Amend  90.814 by redesignating paragraph (b)(3) as (b)(2), revising newly redesignated 
paragraph (b)(2), and removing paragraphs (c), (d), (e), (f), (g), and (h) to read as follows:
 90.814 Definitions.
	* * * * *
	(b) * * * 
	(2) A small business consortium is a conglomerate organization formed as a joint venture between or 
among mutually independent business firms, each of which individually satisfies either definition of a 
small business in paragraph (b)(1) of this section.  In a consortium of small businesses, each individual 
member must establish its eligibility as a small business, as defined in this section.
80. Revise  90.815 to read as follows:
 90.815  Certifications, disclosures, records maintenance, and definitions.
(a) Short-Form Applications:  Certifications and Disclosure.  Each applicant for an MTA license 
which qualifies as a small business or consortium of small businesses shall append the following 
information as an exhibit to its short- form application (Form 175): The identity of the applicant's 
affiliates, persons or entities that hold attributable interests in such entity, and their affiliates, and, if a 
consortium of small businesses, the members in the joint venture.
(b) Records Maintenance.  All winning bidders qualifying as small businesses, shall maintain at their 
principal place of business an updated file of ownership, revenue and asset information, including any 
documents necessary to establish eligibility as a small business and/or consortium of small businesses 
under  90.814.  Licensees (and their successors in interest) shall maintain such files for the term of the 
license.
(c) Definitions.  The terms affiliate, business owned by members of minority groups and/or women, 
consortium of small businesses, gross revenues, members of minority groups, nonattributable equity, 
small business and total assets used in this section are defined in  90.814.
81. Revise  90.901 to read as follows:
 90.901  900 MHz SMR spectrum subject to competitive bidding.
Mutually exclusive initial applications for 800 MHz band licenses in Spectrum Blocks A through V are 
subject to competitive bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q 
of this chapter will apply unless otherwise provided in this subpart.
 90.902 [Removed and Reserved]
82. Remove and reserve  90.903.
83. Revise  90.903 to read as follows:
 90.903 Competitive bidding mechanisms.

(a) Sequencing.  The Wireless Telecommunications Bureau will establish and may vary the sequence in 
which 800 MHz SMR licenses for Spectrum Blocks A through V will be auctioned.
(b) Grouping.
	(1) All EA licenses for Spectrum Blocks A through V will be auctioned simultaneously, unless the 
Wireless Telecommunications Bureau announces, by Public Notice prior to the auction, an alternative 
method of grouping these licenses for auction.
	(2) Spectrum Blocks D through V.  All EA licenses for Spectrum Blocks D through V will be 
auctioned by the following Regions:
	(i) Region 1 (Northeast):  The Northeast Region consists of the following MTAs:  
Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh.
	(ii) Region 2 (South):  The South Region consists of the following MTAs:  Atlanta, 
Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, 
Nashville, Miami-Fort Lauderdale, Richmond- Norfolk, Tampa-St. Petersburg-Orlando, and 
Washington-Baltimore;  and, Puerto Rico and United States Virgin Islands.
	(iii) Region 3 (Midwest):  The Midwest Region consists of the following MTAs:  Chicago, 
Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, 
Minneapolis-St. Paul, and Omaha.
	(iv) Region 4 (Central):  The Central Region consists of the following MTAs:  Birmingham, 
Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, 
New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.
(v) Region 5 (West):  The West Region consists of the following MTAs:  Honolulu, Los Angeles-San 
Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), 
and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands.
 90.905 through  90.908 [Removed and Reserved]
84. Remove and reserve  90.905 through  90.908.
85. Revise  90.909 to read as follows:
 90.909  License grants.
EA licenses pursued through competitive bidding procedures will be granted pursuant to the 
requirements specified in  1.945 of this chapter.
86. Revise  90.910 to read as follows:
 90.910  Bidding credits.
A winning bidder that qualifies as a very small business or a consortium of very small businesses, 
as defined in  90.912(b)(2) and (b)(4), may use a bidding credit of 35 percent to lower the cost of its 
winning bid on Spectrum Blocks A through V.  A winning bidder that qualifies as a small business or a 
consortium of small businesses, as defined in  90.912(b)(1) or (b)(3), may use a bidding credit of 25 
percent to lower the cost of its winning bid on Spectrum Blocks A through V.
87. Amend  90.911 by redesignating paragraphs (d), (e), (f) and (g) as (c), (d), (e) and (f). 
88. Amend  90.912 by redesignating paragraphs (b)(4) and (b)(5) as paragraphs (b)(3) and 
(b)(4), revising paragraphs (b)(1) and (b)(2), and removing paragraphs (c) and (d) to read as follows:
 90.912  Definitions.
* * * * *
(b) Small Business; Very Small Business; Consortium of Small Businesses; Consortium of Very Small 
Businesses.
	(1) A small business is an entity that together with its affiliates and controlling interests, has average 
gross revenues that do not exceed $15 million for the three preceding years; or
	(2) A very small business is an entity that together with its affiliates and controlling interests, has 
average gross revenues that do not exceed $3 million for the three preceding years.
89. Revise  90.913 to read as follows: 
 90.913  Certifications, disclosures, records maintenance, and definitions. 
(a) Short-Form Applications:  Certifications and Disclosure.  Each applicant for an EA license which 
qualifies as a small business or consortium of small businesses under  90.912(b) shall append as an 
exhibit to its short-form application (FCC Form 175):  The identity of the applicant's affiliates and 
controlling principals, and, if a consortium of small businesses (or a consortium of very small businesses), 
the members of the joint venture.
 (b) Records Maintenance.  All winning bidders qualifying as small businesses or very small businesses, 
shall maintain at their principal place of business an updated file of ownership, revenue and asset 
information, including any document necessary to establish eligibility as a small business, very small 
business and/or consortium of small businesses (or consortium of very small businesses) under  90.912.  
Licensees (and their successors in interest) shall maintain such files for the term of the license.
 (c) Definitions.  The terms small business, very small business, consortium of small businesses, and 
consortium of very small businesses used in this section are defined in  90.912.
90. Revise  90.1001 to read as follows:
 90.1001  220 MHz service subject to competitive bidding.
Mutually exclusive initial applications for 200 MHz geographic area licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
 90.1003  [Removed and Reserved]
91. Remove and reserve  90.1003.
 90.1005  [Removed and Reserved]
92. Remove and reserve  90.1005.
 90.1007 [Removed and Reserved]
93. Remove and reserve  90.1007.
 90.1009 [Removed and Reserved]
94. Remove and reserve  90.1009.
 90.1011 [Removed and Reserved]
95. Remove and reserve  90.1011.
 90.1013 [Removed and Reserved]
96. Remove and reserve  90.1013.
 90.1015 [Removed and Reserved]
97. Remove and reserve  90.1015.
98. Revise  90.1017 to read as follows: 
 90.1017 Bidding credits for small businesses and very small businesses.
	Bidding credits. A winning bidder that qualifies as a small business or a consortium of small 
businesses as defined in  90.1021(b)(1) or 90.1021(b)(3) may use a bidding credit of 25 percent to 
lower the cost of its winning bid.  A winning bidder that qualifies as a very small business or a 
consortium of very small businesses as defined in  90.1021(b)(2) or 90.1021(b)(3) may use a bidding 
credit of 35 percent to lower the cost of its winning bid. 
99. Amend  90.1021, by redesignating paragraph (b)(4) as paragraph (b)(3), revising paragraphs 
(b)(1) and (b)(2), and removing paragraphs (c) and (d) to read as follows:
 90.1021  Definitions concerning competitive bidding process.
* * * * * 
(b) * * * 
(1) A small business is an entity that, together with its affiliates and controlling interests, has average 
gross revenues that are not more than $15 million for the preceding three years.
	(2) A very small business is an entity that, together with its affiliates and controlling interests, has 
average gross revenues that are not more than $3 million for the preceding three years.
* * * * * 
100. Revise  90.1023 to read as follows:
 90.1023 Certifications, disclosures, and records maintenance.
(a) Short-Form Applications:  Certifications and Disclosure.  In addition to certifications and disclosures 
required in Part 1, Subpart Q, of this chapter, each applicant for a 220 MHz service geographic area 
license which qualifies as a small business, very small business, consortium of small businesses, or 
consortium of very small businesses, shall append the following information as an exhibit to its FCC 
Form 175: the identity of the applicant's affiliates and controlling interests, and, if a consortium of small 
businesses (or consortium of very small businesses), the members of the joint venture.
 (b) Records maintenance.  All winning bidders qualifying as small businesses or very small businesses 
shall maintain at their principal place of business an updated file of ownership, revenue, and asset 
information, including any documents necessary to establish eligibility as a small business or very small 
business and/or consortium of small businesses (or consortium of very small businesses) under  90.1021.  
Licensees (and their successors-in-interest) shall maintain such files for the term of the license.  
Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant 
of such license(s) is final, or one year from the date of the filing of their short-form application (FCC 
Form 175), whichever is earlier.
 (c) Definitions.  The terms affiliate, small business, very small business, consortium of small businesses 
(or consortium of very small businesses), and gross revenues used in this section are defined in  90.1021.
101. Revise  90.1025 to read as follows: 
 90.1025 Limitations on settlements.

	The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw 
an application or a petition to deny will be limited by the provisions set forth in  1.2105(c) of this 
chapter.
102. Revise  90.1101 to read as follows:
 90.1101 Location and Monitoring service subject to competitive bidding.
Mutually exclusive initial applications for multilateration Location and Monitoring Service licenses are 
subject to competitive bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q 
of this chapter will apply unless otherwise provided in this subpart.
103. Amend  90.1103 by redesignating paragraphs (b)(5) and (d) as paragraphs (b)(3) and
(c), and revising newly redesignated paragraph (c) to read as follows:
 90.1103 Designated entities.
* * * * *
(c) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in 
paragraphs (b)(1) or (b)(3) of this section may use the bidding credit specified in  1.2110(f)(2)(ii) of this 
chapter.  A winning bidder that qualifies as a very small businesses or a consortium of very small 
businesses as defined in paragraph (b)(2) or (b)(3) of this section may use the bidding credit specified in  
1.2110(f)(2)(i) of this chapter.
104. Amend  95.816 by redesignating paragraphs (c)(5), (e), and(f) as paragraphs (c)(3), (d), and 
(e), revising paragraph (a), and revising newly redesignated paragraphs (d) and (e) to read as follows:
95.816 Competitive bidding proceedings.
(a) Mutually exclusive initial applications for 218-219 MHz Service licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this part.
* * * * *
(d) Bidding credits.  A winning bidder that qualifies as a small business or a consortium of small
businesses as defined in this subsection may use the bidding credit specified in  1.2110(f)(2)(ii) of this 
chapter.  A winning bidder that qualifies as a very small business or a consortium of very small 
businesses as defined in this subsection may use the bidding credit specified in accordance with  
1.2110(f)(2)(i) of this chapter.
(e)	Winning bidders in Auction No. 2, which took place on July 28-29, 1994, that, at the time of
auction, met the qualifications under the Commissions rules then in effect, for small business status will 
receive a twenty-five percent bidding credit pursuant to Amendment of Part 95 of the Commissions 
Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum 
Opinion and Order, FCC 99-239 (released September 10, 1999).
105. Amend  95.823 by redesignating paragraphs (c)(2) and (c)(3) as paragraphs (c)(1) and 
(c)(2), and revising newly redesignated paragraphs (c)(1)(i) and (c)(1)(iii) to read as follows:
 95.823 Geographic partitioning and spectrum disaggregation.
* * * * *
(c) * * *
(1) * * * 

(i) When a winning bidder (partitionor or disaggregator) that elected to pay for its license through an 
installment payment plan partitions its license or disaggregates spectrum to another party (partitionee or 
disaggregatee) that would not qualify for an installment payment plan, or elects not to pay for its share of 
the license through installment payments, the outstanding principal balance owed by the partitionor or 
disaggregator shall be apportioned according to  1.2111(e)(3) of this chapter.  The partitionor or 
disaggregator is responsible for accrued and unpaid interest through and including the consummation 
date.
* * * * *
(iii) The partitionor or disaggregator shall be permitted to continue to pay its pro rata share of the 
outstanding balance and, if applicable, shall receive loan documents evidencing the partitioning and 
disaggregation.  The original interest rate, established pursuant to  1.2110(g)(3)(i) of this chapter at the 
time of the grant of the initial license in the market, shall continue to be applied to the partitionor's or 
disaggregator's portion of the remaining government obligation.
* * * * *
106. Revise  100.71 to read as follows:
 100.71  DBS subject to competitive bidding.
Mutually exclusive initial applications for DBS service licenses are subject to competitive bidding.  The 
general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless 
otherwise provided in this part.
 100.72 through  100.76 [Removed and Reserved]
107. Remove and reserve  100.72 through  100.76.  
 100.78 through  100.79 [Removed and Reserved]
108. Remove and reserve  100.78 through  100.79.
109. Amend  101.56 by revising paragraph (i) to read as follows:  
 101.56 Partitioned service areas (PSAs) and disaggregated spectrum.
* * * * *
(i) Licensees, including those using bidding credits in a competitive bidding procedure, shall
have the authority to partition service areas or disaggregate spectrum.
101.531 [Removed and Reserved]
110. Remove and reserve 101.531.
111. Amend  101.535 by redesignating paragraphs (a)(2) (a)(3), (d), and (e) as paragraphs (a)(1) 
(a)(2), (c), and (d).
112. Revise  101.537 to read as follows:
 101.537 24 GHz band subject to competitive bidding.

Mutually exclusive initial applications for 24 GHz band licenses are subject to competitive bidding.  The 
general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless 
otherwise provided in this subpart.
113. Amend  101.538 by redesignating paragraphs (a)(7) and (c) as paragraphs (a)(5) and (b)
and revising newly redesignated paragraphs (a)(5) and (b) to read as follows:
 101.538 Designated entities.

(a) * * * 

	(5) A consortium of very small businesses, a consortium of small businesses, or a consortium of 
entrepreneurs is a conglomerate organization formed as a joint venture between or among mutually 
independent business firms, each of which individually satisfies the applicable definition in paragraphs 
(a)(1), (a)(2) or (a)(3) of this section.  Where an applicant or licensee is a consortium of very small 
businesses, a consortium of small businesses, or a consortium of entrepreneurs, the gross revenues of each 
very small business, small business, or entrepreneur shall not be aggregated.
	(b) Bidding credits.  A winning bidder that qualifies as a very small business or a consortium of very 
small businesses as defined in this section may use the bidding credit specified in  1.2110(f)(2)(i) of this 
chapter.  A winning bidder that qualifies as a small business or a consortium of small businesses as 
defined in this section may use the bidding credit specified in  1.2110(f)(2)(ii) of this chapter.  A 
winning bidder that qualifies as an entrepreneur or a consortium of entrepreneurs as defined in this section 
may use the bidding credit specified in  1.2110(f)(2)(iii) of this chapter.
114. Revise  101.1101 to read as follows:
 101.1101  LMDS service subject to competitive bidding.
Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures.  
The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will apply unless 
otherwise provided in this subpart.
 101.1102 through  101.1105 [Removed and Reserved]
115. Remove and reserve  101.1102 through  101.1105.
116. Revise  101.1107 to read as follows:
 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs.

	(a) A winning bidder that qualifies as a very small business or a consortium of very small businesses 
pursuant to  101.1112 may use a bidding credit of 45 percent to lower the cost of its winning bid.
	(b) A winning bidder that qualifies as a small business or a consortium of small businesses pursuant 
to  101.1112 may use a bidding credit of 35 percent to lower the cost of its winning bid.
	(c) A winning bidder that qualifies as an entrepreneur or a consortium of entrepreneurs pursuant to  
101.1112 may use a bidding credit of 25 percent to lower the cost of its winning bid.
	(d) The bidding credits referenced in paragraphs (a), (b) and (c) of this section are not cumulative.
117. Revise  101.1109 to read as follows:
 101.1109 Certifications, disclosures, and records maintenance.
	(a) Short-form applications:  certifications and disclosure.  In addition to certifications and disclosures 
required in Part 1, Subpart Q, of this chapter, each applicant for an LMDS license which qualifies as a 
very small business, small business or entrepreneurs pursuant to  101.1112 shall append the following 
information as an exhibit to its short-form applications (FCC Form 175):  The identities of the applicant's 
affiliates and controlling interests.
	(b) Records maintenance.  All winning bidders qualifying as very small businesses, small businesses 
or entrepreneurs shall maintain at their principal place of business an updated file of ownership, revenue, 
and asset information, including any document necessary to establish eligibility as a very small business, 
small business or entrepreneur.  Licensees (and their successors-in- interest) shall maintain such files for 
the term of the license.  Applicants that do not obtain the license(s) for which they applied shall maintain 
such files until the grant of such license(s) is final, or one year from the date of the filing of their 
short-form application (FCC Form 175), whichever is earlier.
 101.1110 [Removed and Reserved]
118. Remove and reserve  101.1110.
119. Amend  101.1112 by revising paragraphs (b), (c), (d), and (e) to read as follows:
 101.1112 Definitions.
* * * * *
(b) Very small business.  A very small business is an entity that, together with its affiliates and
controlling interests, has average gross revenues for the three preceding years of not more than $15 
million.
(c) Small business.  A small business is an entity that, together with its affiliates and controlling 
interests, has average gross revenues for the three preceding years of more than $15 million but not 
more than $40 million.
(d) Entrepreneur.  An entrepreneur is an entity that, together with 7its affiliates and controlling 
interests, has average gross revenues for the three preceding years of more than $40 million but not 
more than $75 million.
(e) For purposes of determining whether an entity meets the definition of very small business, small
business or entrepreneur, the gross revenues of the applicant, its affiliates and controlling interests shall 
be considered on a cumulative basis and aggregated.
* * * * * 
120. Revise  101.1201 to read as follows:
 101.1201  38.6-40.0 GHz subject to competitive bidding.
Mutually exclusive initial applications for 38.6-40.0 GHz band licenses are subject to competitive 
bidding.  The general competitive bidding procedures set forth in Part 1, Subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
 101.1202 through  101.1207 [Removed and Reserved]
121. Remove and reserve  101.1202 through  101.1207.
122. Revise  101.1208 to read as follows:
 101.1208 Bidding credits for small businesses.
	A winning bidder that qualifies as a small business or a consortium of small businesses, (as 
defined in  101.1209(b)(1)(i) may use a bidding credit of 25 percent to lower the cost of its winning bid 
on any of the licenses in this part. A winning bidder that qualifies as a very small business or a 
consortium of very small businesses, (as defined in  101.1209(b)(1)(ii) may use a bidding credit of 35 
percent to lower the cost of its winning bid on any of the licenses in this part.
123. Amend  101.1209 by redesignating paragraph (b)(3) as (b)(2) and revising newly 
redesignated paragraph (b)(2) to read as follows:
 101.1209 Definitions.
	* * * * * 
 	(b) * * * 
            (2) A small business consortium is a conglomerate organization formed as a joint venture between 
or among mutually independent business firms, each of which individually satisfies either definition of a 
small business in paragraphs (b)(1) of this section.
124. Revise  101.1317 to read as follows:
 101.1317 Competitive bidding procedures for mutually exclusive MAS EA applications.
Mutually exclusive initial applications for licenses in the portions of the MAS bands licensed on a 
geographic area basis are subject to competitive bidding procedures.  The general competitive bidding 
procedures set forth in Part 1, Subpart Q of this chapter will apply unless otherwise provided in this 
subpart.
125. Amend  101.1319 by removing paragraph (c) and revising paragraph (b) to read as follows: 
 101.1319 Competitive bidding provisions.
* * * * *
(b) Bidding credits.  A winning bidder that qualifies as a small business, as defined in this section, or a 
consortium of small businesses, may use the bidding credit specified in  1.2110(f)(2)(ii) of this chapter.  
A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of 
very small businesses, may use the bidding credit specified in  1.2110(f)(2)(i) of this chapter.
126. Amend  101.1323 by redesignating paragraphs (d) and (e) as paragraphs (c) and (d).  
 	Service-specific rules are rules promulgated by the Commission that are tailored to a particular service.  
Implementation of Section 309(j) of the Communications Act  Competitive Bidding, Second Report and Order, 9 
FCC Rcd 2348, 2350,  10 (1994) (Competitive Bidding Second Report and Order).
  		The Part 1 general competitive bidding rules are found in 47 C.F.R. Part 1, Subpart Q (Part 1 general 
competitive bidding rules). 
  		Amendment of Part 1 of the Commissions Rules  Competitive Bidding Procedures, Order on 
Reconsideration of the Third Report and Order, Fifth Report and Order, and Fourth Further Notice of Proposed 
Rule Making, 15 FCC Rcd 15293, 15330,  78, 15336,  101 (2000) (Part 1 Recon Order of the Third Report & 
Order and Part 1 Fifth Report and Order) (We hereby instruct the Wireless Telecommunications Bureau to 
make conforming edits to the Code of Federal Regulations consistent with this decision.); 47 U.S.C.  155(c); 47 
C.F.R.  0.131(d) and 0.331(d).
  		47 U.S.C.  161(a); see 2000 Biennial Regulatory Review, Report, 16 FCC Rcd 1207 (2001) (The Bureau 
has also engaged in a comprehensive effort to streamline its procedures.); Biennial Regulatory Review 2000, Staff 
Report, 15 FCC Rcd 21089, 21238, 21329, 21324-43, 21352-53, 21358 (2000) (2000 Biennial Staff Report) 
(recommending that service-specific rules be eliminated to the extent that they are redundant with the Part 1 
competitive bidding rules). 
   		47 C.F.R.  0.331(d). 
  		E.g., 47 C.F.R.  101.538(a)(7) (and is changed to or).
  		47 C.F.R.  24.711(b) (installment payments for broadband PCS C block licenses).
  		Amendment of Part 1 of the Commissions Rules  Competitive Bidding Procedures, Third Report and 
Order and Second Further Notice of Proposed Rule Making, 13 FCC Rcd 374, 530-31 (1998) (Part 1 Third Report 
and Order); Section 309(j) of the Communications Act - Competitive Bidding, Sixth Report and Order, 11 FCC 
Rcd 136 (1996) (Competitive Bidding Sixth Report and Order). 
  		47 C.F.R.  0.331(d).  In the Part 1 Order, the Commission clarified that the Bureaus delegation of 
authority to administer auctions includes the authority to implement all of the Commissions rules pertaining to 
auctions procedures.  Amendment of Part 1 of the Commissions Rules  Competitive Bidding Procedures, Order, 
Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 5686, 5697-98,  16 (1997) 
(Part 1 Order) (citing 47 C.F.R.  0.131).  Accordingly, we delete, in whole or in part, the following service-
specific provisions that are redundant with this broad delegation of authority to conduct auctions: sections 22.962, 
22.964, 27.202, 90.803, 90.805, 90.806, 90.903(c)-(f), 90.906, 100.73, 100.75, 101.1103(g), 101.1204.  47 C.F.R.   
22.962, 22.964, 27.202, 90.803, 90.805, 90.806, 90.903(c)-(f), 90.906, 100.73, 100.75, 101.1103(g), and 101.1204. 
  	Competitive Bidding Second Report and Order, 9 FCC Rcd at 2350,  10, 2405-12. 
  	Accordingly, the service-specific competitive bidding rules explicitly state that the Part 1 rules apply unless 
otherwise provided.  47 C.F.R.  21.950, 22.201, 22.228, 22.960, 24.301, 24.701, 25.401, 27.201, 27.501(a), 
27.701, 73.5000(a), 74.910, 80.1251, 90.801, 90.901, 90.1001, 90.1101, 95.816(a), 100.71, 101.537, 101.1101, 
101.1201, and 101.1317.  Section 74.910 incorporates this design to the Instructional Television Fixed Service 
(ITFS) by referencing section 73.5000.  47 C.F.R.  73.5000 and 74.819; see also Part 1 Third Report and Order, 
13 FCC Rcd at 376-81,  1-3; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2350,  10 ([I]n the 
future, specific rules within the scope of these general [Part 1] rules will be adopted in a Report and Order for each 
service subject to competitive bidding.  These subsequent Reports and Orders will set forth specific competitive 
bidding rules for each service that meets the criteria in section 309(j)(2).). 
  	See, e.g., 47 C.F.R.  24.301-24.320 (1994) (narrowband Personal Communications Service (PCS)), 47 
C.F.R.  24.701-24.720 (1994) (broadband PCS), 47 C.F.R.  90.901-90.913 (1996) (800 MHz Specialized 
Mobile Radio (SMR)), 47 C.F.R.  95.816 (1999) (218-219 MHz Service)), 47 C.F.R.  100.71-100.80 (1995) 
(Direct Broadcast Satellite), and 47 C.F.R.  21.921-21.961 (1995) (Multipoint Distribution Service).
  	Part 1 Order, 12 FCC Rcd at 5689,  4.
  	Compare, e.g., 47 C.F.R.  24.720(e) (definition of rural telephone company in the broadband PCS rules) 
with 47 C.F.R.  1.2110(c)(4) (definition of rural telephone company in the Part 1 rules). 
  	Part 1 Order, 12 FCC Rcd at 5689,  4 ([W]e seek to establish a uniform set of provisions that would 
incorporate our experience to date and allow us to conduct future auctions in a more consistent, efficient, and 
effective manner.); Part 1 Third Report and Order, 13 FCC Rcd at 376-81,  1-3. 
 		Part 1 Fifth Report and Order, 15 FCC Rcd at 15330,  78. 
  	Id. (We hereby instruct the Wireless Telecommunications Bureau to make conforming edits to the Code of 
Federal Regulations consistent with this decision.).  
  	Id. 
 		Redundant rules repeat or unnecessarily cross-reference the Part 1 general competitive bidding rules. 
  	Part 1 Fifth Report and Order, 15 FCC Rcd at 15330,  78.  The Commissions reference to the course of 
the Part 1 proceeding includes the modifications adopted in the Part 1 Third Report and Order.
  	When the Commission departed from the Part 1 general competitive bidding rules the Commission so 
indicated in the rule itself and/or the respective proceeding that adopted the rule.  For example, in the Radio 
Broadcast Services context, section 73.5005, the service-specific rule that outlines the long-form application 
procedures, is retained because this rule departs from the general competitive long-form application rule in section 
1.2107.  47 C.F.R.  1.2107 and 73.5005.  Implementation of Section 309(j) of the Communications Act  
Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report 
and Order, 13 FCC Rcd 15920, 15984,  163 (1998) (Commercial Broadcast Competitive Bidding First Report 
and Order ) (Because of the technical and legal complexities of long-form applications submitted for licenses in 
the radio broadcast services, winning bidders in the Radio Broadcast Services auction were permitted 30 business 
days after notification of their winning bidder status to file their long-form application for a license, rather than the 
10 days allocated in the Part 1 general competitive bidding rules.); 47 C.F.R.  1.2107.
  	47 C.F.R.  0.331(d).  
  	47 C.F.R.  22.227, 24.711(b)(3)-(5), 73.5009, 90.809(b), 90.813(a), 90.909(c), 90.913(a), 95.816(f), and 
101.538(a)(7).
 		We note that some rules or portions thereof are removed or modified for more than one reason.  Thus, this 
Order must be read in its entirety to understand all the reasons a particular rule or portion thereof is modified or 
removed.  For example, portions of section 22.962 are removed because they are redundant with the Bureaus broad 
delegation of authority to conduct auctions. 47 C.F.R.  0.331(d); see supra note 9.  Section 22.962 is also removed 
because it is redundant with section 1.2104.  47 C.F.R.  1.2104, 22.962; see paragraph 8.
  	47 C.F.R.  1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 
24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 
24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 
73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 
90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2)(i), (iii), (3), 101.538(c), and 101.1319(b).
  	Thus, to opt out of a particular Part 1 general competitive bidding rule, the service-specific competitive 
bidding rule need only specify the provision that is not applicable.  For example, the Part 1 unjust enrichment 
provisions contained in section 1.2111(b)-(e) do not apply to assignments or transfers of broadcast construction 
permits or licenses governed by Part 73 because Part 73 has a service-specific unjust enrichment provision.  47 
C.F.R  73.5007(c).  Accordingly, we modify section 73.5009 to state that section 1.2111(b)-(e) does not apply.  
However, it is unnecessary to further provide in section 73.5009 that section 1.2111(a) continues to apply in light of 
the provision in section 73.5000 that the Part 1 competitive bidding rules apply unless otherwise indicated.  
Similarly, we modify section 73.5009(b) to enumerate only those portions of the Part 1 ownership disclosure 
requirements contained in section 1.2112(a) that do not apply to the assignment or transfer of broadcast construction 
permits or licenses that are subject to competitive bidding.  47 C.F.R.  1.2112(a), 73.5009(b); Implementation of 
Section 309(j) of the Communications Act  Competitive Bidding for Commercial Broadcast and Instructional 
Television Fixed Service Licenses, Memorandum Opinion and Order, 14 FCC Rcd 8724, 8746-47,  45 (1999) 
(Commercial Broadcast Competitive Bidding MO&O).  Again, in light of section 73.5000(a), it would be 
redundant to repeat those portions of section 1.2112 that continue to apply to services governed by Part 73.  Further, 
because section 73.5009(b) only applies to assignment or transfers of control, section 1.2112(a) would continue to 
apply to short form applications (FCC Form 175). 
  	The cross-reference to section 73.5000 in section 73.3572(e)(2) is removed, and section 73.5000(a) is 
revised by adding Class A television to the list of services subject to competitive bidding.  47 C.F.R.  
73.3572(e)(2) and 73.5000(a).
  	We remove the provision in section 73.3572(f) stating that the competitive bidding procedures will apply to 
applications for minor modifications to Class A service if there is mutual exclusivity.  This provision is redundant 
with section 73.5000(a), as revised by this Order.  47 C.F.R.  73.3572(f) and 73.5000(a). 
  	47 C.F.R.  21.950, 22.201, 22.228, 22.960, 24.301, 24.701, 25.401, 27.201, 27.501(a), 27.701, 
73.3572(e)(2), (f), 73.5000(a), 80.1251, 90.801, 90.901, 90.1001, 90.1101, 95.816(a), 100.71, 101.537, 101.1101, 
101.1201, and 101.1317.
  	47 C.F.R.  1.2103.	
  	Id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2360-68,  68-115; Part 1 Third Report 
and Order, 13 FCC Rcd at 447-54,  123-37.
  	47 C.F.R.  1.2103, 21.951(a)-(a)(1), 22.203, 22.961, 24.702, 90.802, 90.902, 90.1003, 100.72, 101.1102, 
and 101.1202.
  	47 C.F.R.  1.2104; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2367-73,  116-45.
  	The default provisions of section 1.2104(g)(2) do not apply to installment payment defaulters.  47 C.F.R.  
1.2104(g)(2); Part 1 Fifth Report and Order, 15 FCC Rcd at 15315-16,  39 (clarifying that licensees defaulting on 
installment payments are not subject to section 1.2104(g)(2), but are instead subject to section 1.2110(g)(4).  A 
petition for reconsideration is pending on this issue).
  	47 C.F.R.  1.2104; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2367- 75,  116-59; 
Part 1 Third Report and Order, 13 FCC Rcd at 454-70,  138-169. 
  	47 C.F.R.  1.2104.
  	47 C.F.R.  21.951(a)(2)-(c), 22.205, 22.962, 25.402, 27.202, 73.5001, 90.803, 90.903(c)-(f), 90.1005, 
90.1015(b), 100.73, 101.1103, and 101.1203.
  	47 C.F.R.  1.2104.
  	47 C.F.R.  21.959(a)-(b), 22.207, 22.215(b), 22.963, 24.704, 27.203, 73.5004(a), 90.805, 90.905, 
90.1007, 100.74, and 100.78(b).
  	47 C.F.R.  1.2105; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2386-88,  221-26; 
Part 1 Third Report and Order, 13 FCC Rcd at 412-16,  63-70, 463-69,  155-66; Part 1 Recon Order of the 
Third Report and Order, 15 FCC Rcd at 15297-98,  7-8.
  	47 C.F.R.  1.2105; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2375-77,  161-68.  
Section 1.2105 also sets forth the uniform definitions of major and minor amendments to the short-form application.  
We also remove service-specific rules inconsistent with this uniform definition.  47 C.F.R.  1.2105; Part 1 Third 
Report and Order, 13 FCC Rcd at 414,  66, 465,  158. 
  	47 C.F.R.  1.2105(c).  
  	Amendment of Part 1 of the Commissions Rules  Competitive Bidding Procedures, Seventh Report and 
Order, 16 FCC Rcd 17546  (2001); Wireless Telecommunications Bureau Clarifies Spectrum Auction Anti-
Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 
  	47 C.F.R.  1.2105.
  	47 C.F.R.  21.952, 22.209, 22.227, 22.964, 24.709(a)(4)-(5), 27.204(a)-(b), 90.806, 90.906, 90.1009, 
100.75, 101.531(a), 101.1104, and 101.1204.
  	47 C.F.R.  1.2105.
  	47 C.F.R.  21.953, 25.405, 27.204(c), and 100.79.
  	47 C.F.R.  1.2106; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2377-81,  169-88; Part 
1 Third Report and Order, 13 FCC Rcd at 423,  83. 
  	47 C.F.R.  1.2106.
  	47 C.F.R.  21.954, 22.211(a), 22.965(a), 24.706(a), (c), 24.711(a)(1), 24.716(a)(1), 27.205, 73.5003(a), 
90.807(a), 90.907(a), 90.1011(a), 100.76(a), 101.1105(a), and 101.1205(a).
  	47 C.F.R.  1.2107.  We recognize that other licensing bureaus may use different FCC Forms for their 
long-form application.  See e.g., 47 C.F.R.  73.5005 (requiring applicants to submit to the Media Bureau an 
appropriate long-form application, i.e. FCC Forms 301, 346, 349 or 330, for licenses or construction permits).
  	47 C.F.R.  1.2107(b).  Included in the calculation of the sum due to the Commission is any deduction from 
the amounts on deposit necessary to satisfy applicable withdrawal or default payments under section 1.2104(g).  47 
C.F.R.  1.2104(g). 
  	Part 1 Third Report and Order, 13 FCC Rcd at 427,  90.
  	Id.
  	47 C.F.R.  1.2107; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383,  199; Part 1 
Third Report and Order, 13 FCC Rcd at 420,  77, 422,  80.
  	47 C.F.R.  1.2107(c).
  	47 C.F.R.  1.2109(a); Part 1 Third Report and Order, 13 FCC Rcd at 428-29,  92, 95.
  	47 C.F.R.  1.2110(g).  In the Part 1 Third Report and Order, the Commission suspended the use of 
installment payments as a means of financing small businesses and other designated entities seeking to secure 
spectrum licenses.  Part 1 Third Report and Order, 13 FCC Rcd at 398-400,  40, affd, Part 1 Fifth Report and 
Order, 15 FCC Rcd at 15302-18,  16-43.
  	Id.
  	47 C.F.R.  1.2107.
  	47 C.F.R.  21.955(a), (c), 21.958, 22.211(b), 22.213, 22.965(b), 24.706(b), 24.711(a)(2), 24.716(a)(2), 
25.404(a), (b), 27.206, 73.3573(f)(5)(i), 73.5003(b)-(c), 74.1233(d)(5)(i), 90.807(b), 90.808, 90.907(b), 90.908, 
90.1011(b), 90.1013, 100.76(b), 101.531, 101.1105(b), 101.1205(b), and 101.1206.  
  	47 C.F.R.  1.2108.
  	Id.
  	The Commission delegated to the appropriate licensing bureau the discretion to reduce this ten-day period 
for filing petitions to deny.  47 C.F.R.  1.2108; Part 1 Fifth Report and Order, 15 FCC Rcd at 15330,  78. 
  	47 C.F.R.  1.2108; Part 1 Fifth Report and Order, 15 FCC Rcd at 15330,  77-78. 
  	47 C.F.R.  1.2108.
  	47 C.F.R.  21.957, 90.1025(a), 101.1110, and 101.1207. 
  	47 C.F.R.  1.2109(b); Competitive Bidding Second Report and Order, 9 FCC Rcd at 2381-82,  189-92; 
Part 1 Third Report and Order, 13 FCC Rcd at 428-31,  92-96.
  	47 C.F.R.  1.2109(a); Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382,  194; Part 1 
Third Report and Order, 13 FCC Rcd at 431-32,  97-99.
  	47 C.F.R.  1.2109(b); Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-84,  195-205; 
Part 1 Third Report and Order, 13 FCC Rcd at 460-62,  151-54.
  	47 C.F.R.  1.2109(d).  This section provides for additional sanctions against bidders who violate federal 
antitrust laws or Commission regulations.  Competitive Bidding Second Report and Order, 9 FCC Rcd at 2387,  
225 (preventing collusion by reliance, in part, on Section One of the Sherman Antitrust Act, 15 U.S.C.  1 et. seq.).
  	47 C.F.R.  1.2109(c); Competitive Bidding Second Report and Order, 9 FCC Rcd at 2382-84,  195-205; 
Part 1 Third Report and Order, 13 FCC Rcd at 516. 
  	47 C.F.R.  1.2109.
  	47 C.F.R.  21.959(c)-(e), 22.207, 22.215, 22.967, 24.708, 24.711(a)(2), 24.716(a)(2), 25.406, 27.208, 
73.5004, 90.809(a), 90.909(a)-(b), 90.1015, and 100.78(a).  
  	Other modifications to definitions are discussed in paragraph 10 of this Order.  For ease of reference, we 
include here changes to definitional sections that are based on the controlling interest standard. 
  	47 C.F.R.  1.2110; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2393-98,  258-88; 
Part 1 Third Report and Order, 13 FCC Rcd at 386-389,  13-19, 394-95,  31-33; Part 1 Fifth Report and Order, 
15 FCC Rcd at 15318-21,  45-53.  The Commission's rules define designated entities as small businesses, 
businesses owned by women or members of minority groups, and rural telephone companies.  47 C.F.R.  
1.2110(a); see 47 U.S.C.  309(j)(4)(C)-(D).  However, the term is generally used in a more limited context to refer 
to those entities qualifying for benefits available to businesses based on size standards.
  	47 C.F.R.  1.2110.
  	47 C.F.R.  21.955(b), 24.321(a)(7), 24.716(c), 27.210(b)(3)(ii), (c), 27.502(a)(7), 90.812(a), and 
101.538(a)(8).
  	47 C.F.R.  1.2110(b).
  	47 C.F.R.  21.961(b)(2), 22.223(b)(2)-(4), 24.321(a)(3)-(5), 24.709(a)(2), 24.720(b)(3)-(4), 27.210(b)(3), 
27.502(a)(3)-(5), 80.1252(b)(3)-(4), 90.814(b)(2), 90.912(b)(3), 90.1021(b)(3), 90.1103(b)(3)-(4), 95.816(c)(3)-(4), 
101.538(a)(5)-(6), and 101.1209(b)(2).
  	Part 1 Fifth Report and Order, 15 FCC Rcd at 15323-25,  58-64.
  	47 C.F.R.  90.912(b)(1)-(2), 90.913(a)(1), 90.1021(b)(1)-(2), 90.1023(a)(1), 101.1109(a)(1), and 
101.1112(b)-(e).  We make these modifications to comport with the Part 1 Fifth Report and Order, 15 FCC Rcd at 
323-27,  58-67, which adopted the controlling interest standard as the general attribution rule for determining 
which applicants qualify for designated entity status based on size standards.
  	47 C.F.R.  1.2110(c)(2).
  	47 C.F.R.  22.223(e), 22.225(e), 24.321(b), 27.502(b), 80.1252(c), 90.812(a), 90.814(g), 90.1103(c), 
95.816(d), and 101.538(b).
  	Section 24.709 is modified to conform the rule to the Commissions direction in the Part 1 Fifth Report 
and Order specifying how the controlling interest standard would apply to current C and F block licensees that 
won licenses or otherwise acquired licenses through assignment or transfer once the controlling interest standard 
became effective.  Part 1 Fifth Report and Order, 15 FCC Rcd at 326-27,  67. 
  	47 C.F.R.  1.2111.
  	Id.
  	Although sections 90.813(c) and (d)(2)(i) were removed as redundant with section 1.2111 of the 
Commissions rules, other portions of section 90.813(d)(2) were retained because they provide additional details 
regarding assignments and transfers.  47 C.F.R.  1.2111, 90.813(c), (d)(2)(i).  As noted earlier in paragraph 6, 
service-specific competitive bidding rules that supplement the Part 1 general competitive bidding rules are retained. 
  	47 C.F.R.  21.960(b)(5)(i)-(ii), (d)(1), 22.217(b), 24.711(c), 24.712(c), 24.714(c), 24.716(d), 24.717(c), 
27.15(c), 27.209(d), 73.5009(a), 90.810(b), 90.812(b), 90.813(c), (d)(2)(i), 90.910(b), 90.911(c), 90.1017(b), 
95.823(c)(1), 101.56(i), 101.535(a)(1), (c), 101.1107(e), 101.1208(b), 101.1319(c), and 101.1323(c).  Section 
73.5007, the unjust enrichment provision for broadcast services subject to competitive bidding, as defined in section 
73.5000, has been retained because based on the bidding credit eligibility standards applicable to broadcast services, 
this service-specific rule departs from the Part 1 general competitive bidding unjust enrichment rule.  Commercial 
Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15997-98  193-96, 16046-47 (1998); 
Commercial Broadcast Competitive Bidding MO&O, 14 FCC Rcd at 8767-68,  83-85 (1999).  The service-
specific unjust enrichment provision in section 73.5007 applies where bidding credit eligibility is determined 
according to a new entrants attributable interests in mass media facilities.  47 C.F.R.  73.5007; Commercial 
Broadcast Competitive Bidding First Report and Order, 13 FCC Rcd at 15994-95,  189.  Whereas, the Part 1 unjust 
enrichment provision applies to situations where bidding credit eligibility is determined according to a bidders 
average gross revenue.  47 C.F.R.  1.2111.
  	47 C.F.R.  1.2112; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2375-77,  161-68; see 
also, 47 C.F.R.  1.2105.
  	47 C.F.R.  1.2112; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383,  199; Part 1 
Third Report and Order, 13 FCC Rcd at 420,  77, 422,  80; see also, 47 C.F.R.  1.2107(c).
  	47 C.F.R.  22.225(b), 90.815(a)-(b), 90.913(a)-(b), 90.1023(a)-(b), and 101.1109(a)-(b). 
  	47 C.F.R.  1.2112.
  	47 C.F.R.  1.2112(a), 73.5009(b).  For a discussion of the interrelationship between section 73.5009 and 
the Part 1 competitive bidding rules see supra note 26.
  	47 C.F.R.  1.2110(c)(5); Part 1 Third Report and Order, 13 FCC Rcd at 390,  27 (discussing uniform 
definitions of affiliate); Part 1 Fifth Report and Order, 15 FCC Rcd at 15323-27,  58-67 (discussing the 
attribution gross revenues of investors and affiliates).  
  	47 C.F.R.  1.2110(m); Part 1 Third Report and Order, 9 FCC Rcd at 422-23,  81-82 (modifying the 
Commissions rules governing designated entity eligibility to expressly provide that applicants claiming eligibility 
for small business provisions shall be subject to audits by the Commission).
  	47 C.F.R.  1.2110(c)(3); Part 1 Fifth Report and Order, 15 FCC Rcd at 15318-20,  45-50 (amending the 
term minority to conform to the definition adopted by the U.S. Office of Management and Budget).
  	47 C.F.R.  1.2110(c)(2); Part 1 Fifth Report and Order, 15 FCC Rcd at 15323-27,  58-67 (adopting the 
controlling interest standard as the general attribution rule for determining which applicants qualify as a small 
business).
  	47 C.F.R.  1.2110(c)(1); Part 1 Third Report and Order, 13 FCC Rcd at 388-89,  18-19 (small 
business size standards).
  	47 C.F.R.  1.2110(n); Part 1 Third Report and Order, 13 FCC Rcd at 389-392,  20-25 (definition of 
gross revenues); Part 1 Fifth Report and Order, 15 FCC Rcd at 15323-27,  58-67.
  	47 C.F.R.  1.2110(c)(4); Part 1 Third Report and Order, 13 FCC Rcd at 395,  33.
  	47 C.F.R.  1.2110(c)(5).
  	47 C.F.R.  21.961(d), 22.223(d), 22.225(e), 24.709(g), 24.720(l), 27.210(d), 90.814(h), 90.815(e), 
90.912(d), 90.913(d)(3), 90.1021(d), 90.1023(e), 90.1323(e), 101.1112(h), and 101.1209(e).
  	47 C.F.R.  1.2110(m).
  	47 C.F.R.  1.2110(m), 21.960(g), 22.225(d), 24.709(d), 90.815(d), 90.913(d), 90.1023(d), and 
101.1109(d).
  	47 C.F.R.  1.2110(c)(3).
  	47 C.F.R.  24.709(g), 24.720(i), 90.814(e)-(f), and  90.815(e).
  	47 C.F.R.  1.2110(n).
  	47 C.F.R.  21.961(c), 22.223(c), 22.225(e), 24.709(g), 24.720(f), 27.210(c), 90.814(d), 90.815(e), 
90.912(c), 90.913(d)(3), 90.1021(c), 90.1023(e), 90.1323(e), 101.1112(g), and 101.1209(d).
  	47 C.F.R.  1.2110(c)(4).
  	47 C.F.R.  24.720(e), 90.814(c), and 101.1209(c).
  	47 C.F.R.  1.2110(b),(o).
  	Part 1 Fifth Report and Order, 15 FCC Rcd at 15326-27,  67 (modified by Erratum, 15 FCC Rcd 21520 
(2000)).  We recognize that the Commission, in the Part 1 Eighth Report and Order, declined to include a total 
assets test for purposes of determining small business bidding credit eligibility.  Amendment of Part 1 of the 
Commissions Rules  Competitive Bidding Procedures, Eighth Report and Order, FCC 02-34,  3 (rel. February 
13, 2002) (Part 1 Eighth Report and Order).  The total assets test added by this Order to the Part 1 general 
competitive bidding rules is used to evaluate the eligibility of applicants to acquire broadband Personal 
Communications Services C and F block licenses made available in closed (entrepreneur-only) bidding.  Id. at  2; 
47 C.F.R.  24.709(a).  Although only applicable in limited circumstances, we move this attribution rule to the Part 
1 general competitive bidding rules for ease of reference.
  	47 C.F.R.  24.709(g), 24.720(g), and 90.815(e).
  	47 C.F.R.  1.2107(e), 1.2110(f)(3)(ii)(B), (f)(3)(iii)-(iv), (vii), 21.956(b)(3), 21.960(b)(4), 22.223(b)(3), 
24.321(c)(1), 24.709, 24.711(b)-(b)(2), 24.712(a)-(b), 24.714(d)(1), (d)(2)(i), (iii), (d)(3)(i), (ii), 24.716(b)-(b)(2), 
24.717(a)-(b), 24.720(b)(5), (c)(2), (j)(2), (k)(4), (n)(3)-(4), 27.15(d)-(e), 73.3571(h)(4)(i), 73.3573(f)(5)(ii), 
73.5005(a), 73.5006(d), 80.1252(d), 90.705, 90.813(d)(2)(ii)-(iv), (3)(ii), (e), (f), 90.814(a)(3), 90.910(a), 
90.1017(a), 90.1025(b), 90.1103(d), 95.816(e), 95.823(c)(2), (c)(2)(iii), (c)(3), 101.538(c), and 101.1319(b).  With 
respect to section 24.709, we note that the technical amendments related to this rule may be found in Attachment A.
  	47 C.F.R.  0.331(d). 
  	47 C.F.R.  24.711(b)(3)-(5).  The Competitive Bidding Sixth Report and Order deleted sections 
24.711(b)(4)-(5), which, respectively, concern installment payment terms for minority- and/or women-owned 
businesses and small businesses that are also a minority- and/or women-owned.  47 C.F.R.  24.711(b)(4)-(5); 
Competitive Bidding Sixth Report and Order, 11 FCC Rcd at 156-59,  35-43, Appendix A,  172.  The Federal 
Register summary of the Competitive Bidding Sixth Report and Order, however, inadvertently, did not indicate this 
deletion.  Sixth Report and Order, 60 Fed. Reg. 37786 (July 21, 1995).  Moreover, the installment payment terms for 
eligible small businesses in section 24.711(b) were inadvertently changed in the final rule appendix to the Part 1 
Third Report and Order.  Part 1 Third Report and Order, 13 FCC Rcd at 530-31.  Therefore, a ministerial 
conforming amendment is made to section 24.711(b)(3-(5) to implement the changes indicated in the Competitive 
Bidding Sixth Report and Order. 47 C.F.R.  24.711(b)(3)-(5); Competitive Bidding Sixth Report and Order, 11 
FCC Rcd at 156-59,  35-43, Appendix A,  172.
  	47 C.F.R.  73.5009; see supra n.26.
 	47 C.F.R.  22.227, 24.711(b)(3)-(5), 73.5009, 90.809(b), 90.813(a), 90.909(c), 90.913(a), 95.816(f), and 
101.538(a)(7). Moreover, sections 22.227, 90.809(b), and 90.909(c) were modified to comport with the changes 
made by the 1998 Biennial Regulatory Review.  Biennial Regulatory Review  Amendment of Parts 0, 1, 13, 22, 24, 
26, 80, 87, 90, 97, and 101 of the Commissions Rules to Facilitate the Development and Use of the Universal 
Licensing System in the Wireless Telecommunications Services, Report and Order, 13 FCC Rcd 21027 at Appendix 
E, ULS Rule Conversion Chart (1998) (1998 Biennial Regulatory Review) (Appendix not reproduced in the 
FCC Record, but available on-line at 1998 WL 735878).
 
 
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