FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,011
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business is small if it has 1,500 or fewer employees."" Census data for 2007, which supersede data
contained in the 2002 Census, show that there were 1,383 firms in this category that operated that year."
Of those 1,383, 1,368 had fewer than 1000 employees, and 15 firms had more than 1000 employees.
Thus under this category and the associated small business size standard, the majority of finns can be
25. Broadband Radio Service and Educational Broadband Service. Broadband Radio
Service systems, previously referred to as Multipoint Distribution Service ("MDS") and Multichannel
Multipoint Distribution Service ("MMDS") systems, and "wireless cable," transmit video programming
to subscribers and provide two-way high speed data operations using the microwave frequencies of the
Broadband Radio Service ("BRS") and Educational Broadband Service ("EBS") (previously referred to as
the Instructional Television Fixed Service ("ITFS"))." In connection with the 1996 BRS auction, the
Commission established a small business size standard as an entity that had annual average gross
revenues of no more than $40 million in the previous three calendar years."3 The BRS auctions resulted
in 67 successful bidders obtaining licensing opportunities for 493 Basic Trading Areas ("BTAs"). Of the
67 auction winners, 61 met the definition of a small business. BRS also includes licensees of stations
authorized prior to the auction. At this time, we estimate that of the 61 small business BRS auction
winners, 48 remain small business licensees. In addition to the 48 small businesses that hold BTA
authorizations, there are approximately 392 incumbent BRS licensees that are considered small entities.
After adding the number of small business auction licensees to the number of incumbent licensees not
already counted, we find that there are currently approximately 440 BRS licensees that are defined as
small businesses under either the SBA standard or the Commission's rules. In 2009, the Commission
conducted Auction 86, the sale of 78 licenses in the BRS areas.9 The Commission offered three levels of
bidding credits: (i) a bidder with attributed average annual gross revenues that exceed $15 million and do
not exceed $40 million for the preceding three years (small business) received a 15 percent discount on its
winning bid; (ii) a bidder with attributed average annual gross revenues that exceed $3 million and do not
exceed $15 million for the preceding three years (very small business) received a 25 percent discount on
its winning bid; and (iii) a bidder with attributed average annual gross revenues that do not exceed $3
million for the preceding three years (entrepreneur) received a 35 percent discount on its winning bid.X'
sI U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210) (rel. Oct. 20, 2009),
http://fthctfinder.census.gov/serv It/BQTable? _bm=y&-geo id= &-fdsname ECO700A 1 &-_skip=700&-
ds_name=-EC075 1 SSSZ5&- lang=en.
SAmendment of Parts 21 and 74 of the Comini..sumon " Rule.s with Regard to Filing Procedures in the Multipoint
Distribution Service and in the In.tructional Teleivron Fixed Service ndl Implementatioin of Section 309(j) of the
Communications Act (Conpetitive Bidding, MM Docket No. 94-131 and PP Docket No. 93-253, Report and Order,
10 FCC Red 9589, 9593, para. 7 (1995) ("AIIDS actionn R&O").
14 47 C.F.R. ( 21.961(b)(I).
47 U.S.('. 309(j). 1 lundreds of stations were licensed to incumbent MDS licensees prior to implementation of
section 309(j) of the Communications Act of 1934, 47 U.S.C. 309(j). For these pre-auction licenses, the
applicable standard is SBA's small business size standard.
0- Auction of Broadband Radio Service (BRS) Licenses, Scheduled for October 27, 2009, Notice and Filing
Requirements, Minimum Opening Bids, Upfront Payments, and ()ther Procedures for Auction 86, Publhc Notice, 24
F('CC Red 8277 (2009).
s"' I. at 8296.
Federal Communications Commission
DA 1 1-1707
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/35/: accessed September 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.