FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 4,689
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Federal Communications Commission
42. 39 GHz Service. The Commission created a special small business size standard for 39
GHz licenses - an entity that has average gross revenues of $40 million or less in the three previous
calendar years.i'ss An additional size standard for "very small business" is: an entity that, together with
affiliates, has average gross revenues of not more than $15 million for the preceding three calendar
years.' The SBA has approved these small business size standards.'" The auction of the 2,173 39 GHz
licenses began on April 12, 2000 and closed on May 8, 2000. The 18 bidders who claimed small business
status won 849 licenses. Consequently, the Commission estimates that 18 or fewer 39 GHz licensees are
small entities that may be affected by rules adopted pursuant to the Order.
43. Local Multipoint Distribution Service. Local Multipoint Distribution Service
("LMDS") is a fixed broadband point-to-multipoint microwave service that provides for two-way video
telecommunications."' The auction of the 986 LMDS licenses began and closed in 1998. The
Commission established a small business size standard for LMDS licenses as an entity that has average
gross revenues of less than $40 million in the three previous calendar years.'s9 An additional small
business size standard for "very small business" was added as an entity that, together with its affiliates,
has average gross revenues of not more than $15 million for the preceding three calendar years.'60 The
SBA has approved these small business size standards in the context of LMDS auctions.16' There were
93 winning bidders that qualified as small entities in the LMDS auctions. A total of 93 small and very
small business bidders won approximately 277 A Block licenses and 387 B Block licenses. In 1999, the
Commission re-auctioned 161 licenses; there were 32 small and very small businesses winning that won
119 licenses.
44. 218-219 MHz Service. The first auction of218-219 MHz spectrum resulted in 170
entities winning licenses for 594 Metropolitan Statistical Area (MSA) licenses. Of the 594 licenses, 557
were won by entities qualifying as a small business. For that auction, the small business size standard
was an entity that, together with its affiliates, has no more than a $6 million net worth and, after federal
income taxes (excluding any carry over losses), has no more than $2 million in annual profits each year
for the previous two years.'62 In the 218-219 MHz Report and Order and Memorandum Opinion and
Order, we established a small business size standard for a "small business" as an entity that, together with
its affiliates and persons or entities that hold interests in such an entity and their affiliates, has average
annual gross revenues not to exceed $15 million for the preceding three years.163 A "very small business"
'55 See Amendment of the Commission 's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket
No. 95-183, PP Docket No. 93-253, Report and Order, 12 FCC Rcd 18600, 18661-64, paras. 149-151 (1997).
1s56 See id
SSee Letter to Kathleen O'Brien Ham, Chief, Auctions and Industry Analysis Division, Wireless
Telecommunications Bureau, FCC, from Aida Alvarez, Administrator, SBA (Feb. 4, 1998).
i5 See Rulemaking to Amend Parts 1, 2, 21, 25, of the Commission 's Rules to Redesignate the 27.5-29.5 GHz
Frequency Band, Reallocate the 29.5-30.5 Frequency Band, to Establish Rules and Policies for Local Multipoint
Distribution Service and for Fixed Satellite Services, CC Docket No. 92-297, Second Report and Order, Order on
Reconsideration, and Fifth Notice of Proposed Rule Making, 12 FCC Rcd 12545, 12689-90, para. 348 (1997)
("LMDS Second Report and Order").
's, See LMDS Second Report and Order, 12 FCC Rcd at 12689-90, para. 348.
16 See id
161 See Alvarez to Phythyon Letter 1998.
162 See generally Implementation of Section 309(") of the Communications Act - Competitive Bidding, PP Docket
No. 93-253, Fourth Report and Order, 9 FCC Rcd 2330 (1994).
i3 See generally Amendment of Part 95 of the Commission s Rules to Provide Regulatory Flexibility in the 218-219
MHz Service, WT Docket No. 98-169, Report and Order and Memorandum Opinion and Order, 15 FCC Rcd 1497
(1999).4689
FCC 12-47
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc102307/m1/978/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.