FCC Record, Volume 28, No. 15, Pages 11617 to 12583, August 7 - August 21, 2013 Page: 11,661
vi, 11617-12583 p. ; 28 cm.View a full description of this book.
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104. ETC status carries with it certain obligations. So that a party might obtain the required
ETC designation but not be subject to those obligations unless and until it wins any Mobility Fund
support, the Commission further determined that a party might participate with an ETC designation
conditioned upon the party winning support in the auction.' We note that prior to Auction 901, where
the Commission granted a conditional designation, it did so contingent only on the applicant winning
Mobility Fund Phase I support, thus requiring no additional substantive determinations post-
auction.'9' We anticipate that the Commission will grant any request for conditional designation in the
same manner for Auction 902, and we suggest that an applicant be mindful of this approach when
requesting a similar determination from its state's designating authority. At the short-form application
stage, an applicant will be required to state that it is designated as an ETC in any area for which it will
seek support or is a Tribal entity with a pending application to become an ETC in any such area, and
certify that the disclosure is accurate. A winning bidder will be required to provide proof of its ETC
designation in all of the areas in which it will receive support before it may receive support.
105. The Commission further decided to permit participation by a Tribally-owned
or -controlled entity'2 that at the short-form application deadline has an application for ETC designation
pending for the provision of service within the boundaries of the associated Tribal land.'9 The
Commission did so to afford Tribes an increased opportunity to participate at auction, in recognition of
their interest in self-government and self-provisioning on their own lands.'94 A Tribally-owned
or -controlled entity whose application for ETC designation remains pending at the short-form application
deadline should provide the date the application was filed, with whom (i.e., the Commission or relevant
state regulatory agency), any file or case number associated with the application, and its current status.
106. GRIC/GRTI supports the Commission's rule requiring an applicant to state on its short-
form application that it is designated as an ETC in any area for which it will seek support or is a Tribal
entity with a pending application to become an ETC in any such area, and to certify that the disclosure is
accurate.' 9 Bad River Tribe, however, argues that the Commission should only impose this requirement
as a post-auction condition of funding.m NTUA notes with concern that the lengthy timeframe that can
be associated with resolving ETC applications may create a chilling effect on Tribal participation in the
auction.'97
190 USF/ICC Transformation Order, 26 FCC Red at 17809, para. 439; see 47 C.F.R. 54.1003(a).
'9' Petition of T-Mobile for FCC Designation as an Eligible Telecommunications Carrier for Mobility Fund Phase I
(Auction 901), Order, 27 FCC Red 7247, 7247-48, para. 1 (2012).
192 The following entities may be designated as qualifying Tribal entities: (1) Tribes, which are federally-recognized
American Indian Tribes and Alaska Native Villages; (2) Tribal consortia; and (3) entities that are more than 50
percent owned and controlled by a Tribe or Tribes. See Auction 901 Procedures Public Notice, 27 FCC Red at
4754, para. 95 n.158
193 USF/ICC Transformation Order, 26 FCC Red at 17823, para. 491; 47 C.F.R. 54.1004(a).
194 However, allowing such participation at auction in no way prejudges the ultimate decision on a Tribally-owned
or -controlled entity's petition for ETC designation. Moreover, support will be disbursed only after an applicant
receives such designation. A Tribally-owned or -controlled entity that does not obtain and provide the required ETC
designation will not be entitled to any support payments and may ultimately be in default in accordance with the
rules. See 47 C.F.R. 54.1005(b)(3)(v); 47 C.F.R 1.21004.
195s GRIC/GRTI Comments at 8.
19 Bad River Tribe Comments at 11.
'97NTUA Comments at 5-6.11661
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 15, Pages 11617 to 12583, August 7 - August 21, 2013, book, August 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc272132/m1/57/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.