[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 19010-19011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9463]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket Nos. 03-66; 03-67; 02-68; IB Docket No. 02-364; ET Docket 
No. 00-258]


Small Business Size Standards for the Broadband Radio Service in 
the 2495-2690 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule; notification of Small Business Administration 
approval.

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SUMMARY: This document announces that the U.S. Small Business 
Administration (SBA) has approved the small business size standards 
adopted by the Commission for the Broadband Radio Service (BRS) in the 
2495-2690 MHz band.

DATES: This announcement is made as of April 27, 2009.

FOR FURTHER INFORMATION CONTACT: Gary D. Michaels, Auctions and 
Spectrum Access Division, Wireless Telecommunications Bureau, (202) 
418-0660.

SUPPLEMENTARY INFORMATION:
    1. Pursuant to SBA regulations, the Commission consulted with the 
SBA on March 7, 2003, and June 29, 2004, regarding small business size 
standards under which certain small businesses would be eligible for 
bidding credits in any auction of BRS licenses in the 2495-2650 MHz 
band and Educational Broadband Service (EBS) licenses in the 2500-2690 
MHz band. Both the March 7, 2003, and June 29, 2004 consultation 
letters proposed the following small business definitions: ``Small 
business''--an entity with average annual gross revenues for the 
preceding three years not exceeding $40 million; ``Very small 
business''--an entity with average annual gross revenues for the 
preceding three years not exceeding $15 million; and ``Entrepreneur''--
an entity with average gross revenues not exceeding $3 million for the 
preceding three years. The SBA responded to the Commission on July 22, 
2004, replying to both of the Commission's requests and stating that 
the contemplated BRS and EBS size standards appeared reasonable. The 
Commission subsequently proposed those same small business size 
standards for BRS and EBS in the BRS/EBS Further Notice of Proposed 
Rulemaking, FCC 04-135, released on July 29, 2004, 69 FR 72048, 
December 10, 2004. The Commission received no comments from the public 
regarding the proposed size standards.
    2. On March 20, 2008, the Commission released the Big LEO Third

[[Page 19011]]

Order on Reconsideration and AWS Sixth Memorandum Opinion and Order and 
BRS/EBS Fourth Memorandum Opinion and Order and Declaratory Ruling, FCC 
08-83, 73 FR 26032, May 8, 2008 (``BRS/EBS 4th MO&O''), in which it 
adopted the following small business definitions for BRS in the 2496-
2690 MHz band: (1) Small business--An entity with average gross 
revenues for the preceding three years not exceeding $40 million; (2) 
Very small business--An entity with average annual gross revenues for 
the preceding three years not exceeding $15 million; and (3) 
Entrepreneur--An entity with average gross revenues not exceeding $3 
million for the preceding three years. Under these definitions, the 
Commission would provide small businesses with a bidding credit of 15 
percent, very small businesses with a bidding credit of 25 percent, and 
entrepreneurs with a bidding credit of 35 percent.
    3. On May 6, 2008, prior to publication of a summary of the BRS/EBS 
4th MO&O in the Federal Register, the Commission requested the SBA's 
approval of the final rule adopting small business size standards for 
the BRS.
    4. By letter dated January 22, 2009, the SBA approved the 
Commission's final rule adopting small business size standards for BRS 
subject to republication of the size standards in the Federal Register.
    5. This notice satisfies the SBA's condition of approval as stated 
in the SBA's January 22, 2009 letter.

Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. E9-9463 Filed 4-24-09; 8:45 am]
BILLING CODE 6712-01-P