FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,012
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Auction 86 concluded in 2009 with the sale of 61 licenses.7 Of the ten winning bidders, two bidders that
claimed small business status won four licenses; one bidder that claimed very small business status won
three licenses; and two bidders that claimed entrepreneur status won six licenses.
26. In addition, the SBA's Cable Television Distribution Services small business size
standard is applicable to EBS. There are presently 2,032 EBS licensees. All but 100 of these licenses are
held by educational institutions. Educational institutions are included in this analysis as small entities.88
Thus, we estimate that at least 1,932 licensees are small businesses. Since 2007, Cable Television
Distribution Services have been defined within the broad economic census category of Wired
Telecommunications Carriers; that category is defined as follows: "This industry comprises
establishments primarily engaged in operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using
wired telecommunications networks. Transmission facilities may be based on a single technology or a
combination of technologies."5" For these services, the Commission uses the SBA small business size
standard for the category "Wireless Telecommunications Carriers (except satellite)," which is 1,500 or
fewer employees."' To gauge small business prevalence for these cable services we must, however, use
the most current census data. Census data for 2007, which supersede data contained in the 2002 Census,
show that there were 1,383 firms that operated that year."' Of those 1,383, 1,368 had fewer than 100
employees, and 15 firms had more than 100 employees. Thus under this category and the associated
small business size standard, the majority of firms can be considered small.
27. Government Transfer Bands. The Commission adopted small business size standards for
the unpaired 1390-1392 MHz, 1670-1675 MHz, and the paired 1392-1395 MHz and 1432-1435 MHz
bands.92 Specifically, with respect to these bands, the Commission defined an entity with average annual
gross revenues for the three preceding years not exceeding $40 million as a "small business," and an
entity with average annual gross revenues for the three preceding years not exceeding $15 million as a
"very small business.""3 SBA has approved these small business size standards for the aforementioned
87 Auction of Broadband Radio Service Licenses Closes, Winning Bidders Announced for Auction 86, Down
Payments Due November 23, 2009, Final Payments Due December 8, 2009, Ten-Day Petition to Deny Period,
Public Notice, 24 FCC Red 13572 (2009).
x, The term "small entity" within SBREFA applies to small organizations (nonprofits) and to small governmental
jurisdictions (cities, counties, towns, townships, villages, school districts, and special districts with populations of
less than 50,000). 5 U.S.C. 4 601(4)- (6). We do not collect annual revenue data on EBS licensees.
89 U.S. Census Bureau, 2007 NAtCS Definitions, "517110 Wired Telecommunications Carriers," (partial
13 C.F.R 121.201, NAICS code 517210.
' U.S. Census Bureau, 2007 Economic Census, Sector 51, 2007 NAICS code 517210 (rel. Oct. 20, 2009),
http://factfinder.censuis.gov/serv let/I BQTablc? bm= y&-gco_ id -&-Fds _name= ECO700A 1 &-_sk ip=700&-
2 See Amendments to Parts 1. 2, 27 and 90 of the Commission's Rules to License Services in the 216-220 MHz,
1390-1395 MHz, 1427-1429 Mliz, 1429-1432 Mt,, 1432-1435 Milz, 1670-1675 MHiz, and 2385-2390 MHz
Government Transfer Bands. 17 FCC Red 9980 (2002) (Government Trans/er Bands Service Rules Report and
" See Reallocation of the 216-220 Mliz, 1390-1395 MHU, 1427-1429 Mliz, 1429-1432 MHz, 1432-1435 MHliz,
1670-1675 MHz, and 2385-2390 Mlii Government Franisfer Bands, WT Docket No. 02-8, Notice of Propoved
Rulemaking, 17 FCC(' Rcd 2500), 2550-51 1 144-146 (2002). To be consistent with the size standard of "very small
business" proposed for the 1427-1432 Mlitz band for those enlitles with average gross revenues for the three
preceding years not exceeding $3 million, the Service Rule'v Noti'ce proposed to use the terms "entrepreneur" and
"small business" to define entities with average gross revenues for the three preceding years not exceeding $40
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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/m1/36/: accessed February 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.