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Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 |
News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov TTY: 202/418-2555 |
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This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974). |
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FCC REVISES RULES FOR UPCOMING C AND F BLOCK AUCTION: |
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Washington, DC - The Federal Communications Commission has adopted changes to its rules that
preserve opportunities for small businesses and promote the rapid deployment of wireless services across the
United States. The FCC concludes it is in the public interest to remove the financial eligibility restrictions
for some C and F block Personal Communications Service (PCS) licenses to be auctioned in Auction 35 and
in future C and F block auctions. The FCC also revises the service and auction rules for upcoming auctions
of C and F block PCS licenses including: reconfiguring the size of C block licenses, modifying auction
eligibility restrictions for certain licenses in both large and small markets, and retaining the spectrum cap. Background on the FCC's C and F Block Auction Rules: Under the FCC's prior eligibility rules, in order to bid on C or F block licenses an applicant needed to be considered an "entrepreneur." An "entrepreneur," together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, must have had gross revenues of less than $125 million in each of the last two years and must have total assets of less than $500 million. In January 2000, the Wireless Telecommunications Bureau (Bureau) announced an auction (Auction 35) of broadband PCS C and F block licenses. Following the announcement, the FCC received several formal requests to waive or revise the C and F block auction and service rules in order to allow companies other than entrepreneurs to participate in the auction. The FCC issued public notices seeking comment on these requests and other proposed changes to its eligibility and bidding rules. A large volume of comments was received in this proceeding, with commenters presenting many arguments both supporting and opposing revisions to the entrepreneur eligibility rules. On June 7, 2000, the FCC issued a Further Notice of Proposed Rulemaking in which it set forth tentative conclusions and proposals to retain, clarify, and modify its rules related to C and F block auctions and licenses. Specifics of Rules Changes: In the adopted Sixth Report and Order, the FCC addresses the tentative conclusions and proposals raised in the Further Notice and resolves the petitions and other filings in this proceeding. The adopted modifications to the Commission's rules will apply to Auction No. 35, a C and F block auction currently scheduled to begin on November 29, 2000. However, in order to provide additional time between the effective date of the rules and the auction application filing deadline, there will be a short delay in the start date of the auction. The Wireless Bureau will announce a new date on or before Federal Register publication of the adopted item. The modifications also will apply to any subsequent auctions of C or F block licenses, including any spectrum made available or reclaimed from bankruptcy proceedings in the future. The FCC concludes it is in the public interest to modify the auction and service rules for C and F block broadband PCS licenses to achieve the various goals of Section 309(j) of the Communications Act. The Sixth Report and Order retains, clarifies, and revises the FCC's rules, as follows:
Action by the Commission August 23, 2000 by Sixth Report and Order and Order on Reconsideration (FCC 00-313). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani. Wireless Bureau Contacts: (Auctions Division) Audrey Bashkin at (202) 418-0660, e-mail: abashkin@fcc.gov; Paul Murray (Commercial Wireless Division) at (202) 418-7240, e-mail:pmurray@fcc.gov; TTY at (202) 418-7233.
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