FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,760
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Section 1.2110(f)(2) of the Commission's rules.95 The Commission found that these two definitions will
provide a variety of businesses seeking to provide a variety of services with opportunities to participate in
the auction of licenses for this spectrum and will afford such licensees, who may have varying capital
costs, substantial flexibility for the provision of services.96 The Commission noted that it had long
recognized that bidding preferences for qualifying bidders provide such bidders with an opportunity to
compete successfully against large, well-financed entities.97 The Commission also noted that it had found
that the use of tiered or graduated small business definitions is useful in furthering its mandate under
Section 309() to promote opportunities for and disseminate licenses to a wide variety of applicants.98 An
auction for one license in the 1670-1674 MHz band commenced on April 30, 2003 and closed the same
day. One license was awarded. The winning bidder was not a small entity.
28. Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing. The Census Bureau defines this category as follows: "This industry comprises
establishments primarily engaged in manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these establishments are: transmitting and
receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and broadcasting equipment." The SBA has
developed a small business size standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: all such firms having 750 or fewer employees. 99
According to Census Bureau data for 2007, there were a total of 939 establishments in this category that
operated for part or all of the entire year. Of this total, 784 had fewer than 500 employees and 155 had
more than 100 employees.'00 Thus, under this size standard, the majority of firms can be considered
D. Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
29. The rules will not impose any new reporting or recordkeeping requirements on small
entities. As described in Section A of this FRFA, manufacturers and service providers, including small
entities, will be required after a transition period, when applying the existing hearing aid-compatible
handset deployment benchmarks, to include handset operations over air interfaces and frequency bands
that are newly covered under the 2011 ANSI Standard. Non-Tier I carriers, many of which are small
95 In the Part 1 Third Report and Order, the Commission adopted a standard schedule of bidding credits, the levels
of which were developed based on its auction experience. Part 1 Third Report and Order, 13 FCC Rcd at 403-04
47; see also 47 C.F.R. 1.2110(f)(2).
96 See Service Rules Notice, 17 FCC Rcd at 2550-51 145.
97 See, e.g., Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging
Systems; Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, WT Docket No. 96-
18, PR Docket No. 93-253, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14
FCC Rcd 10030, 10091 112 (1999).
98 47 U.S.C. 309(j)(3)(B), (4)(C)-(D). The Commission will also not adopt special preferences for entities owned
by minorities or women, and rural telephone companies. The Commission did not receive any comments on this
issue, and it does not have an adequate record to support such special provisions under the current standards of
judicial review. See Adarand Constructors v. Peiia, 515 U.S. 200 (1995) (requiring a strict scrutiny standard of
review for government mandated race-conscious measures); United States v. Virginia, 518 U.S. 515 (1996)
(applying an intermediate standard of review to a state program based on gender classification).
9913 C.F.R. 121.201, NAICS code 334220.
SThe NAICS Code for this service 334220. See 13 C.F.R 121/201. See also
http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=ECO700A 1 &-geo_id=&-_skip=300&-
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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.. (digital.library.unt.edu/ark:/67531/metadc102307/m1/49/: accessed September 26, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.