FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,013
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bands." Correspondingly, the Commission adopted a bidding credit of 15 percent for "small businesses"
and a bidding credit of 25 percent for "very small businesses."''" This bidding credit structure was found
to have been consistent with the Commission's schedule of bidding credits, which may be found at
Section 1.2110(f)(2) of the Commission's rules. ' 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 folr this spectrum and will afford such licensees, who may have varying capital
costs, substantial flexibility for the provision of services.7 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." 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 3090) to promote opportunities for and disseminate licenses to a wide variety of applicants." 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
Mamnu/acturing. 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.
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 less than 500 employees and 155 had more
million and $15 million, respectively. Because the Commission did not adopt small business size standards for the
1427-1432 Milz band, it instead uses the terms "small business" and "very small business" to define entities with
average gross revenues for the three preceding years not exceeding 540 million and $15 million, respectively.
'.See Letter from Hector V. Barreto, Administrator, Small Business Administration, to Margaret W. Wiener, Chief,
Auctions and Industry Analysis Division, Wireless Telecommunications Bureau, Federal Communications
Commission, dated Jan. 18, 2)02.
' Such bidding credits are codified for the unpaired 1390-l390-1392 Mz, paired 1392-1395 Mltz, and the paired 1432-
1435 MHz bands in 47 C.F.R. 27.807. Such bidding credits are codified for the unpaired 1670-1675 MIlz band in
47 C.F.R. 27.906.
' In the Part I 'hird 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 Red at 403-04 11
47; see also 47 C.F.R. 1.2110(11)(2)
, 7 See Service Rule% Notice. 17 FCC Red at 2550-5I 1 145.
98 See. e g.. Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future De\celopment of Paging
Systems; Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, WT Docket No. 96-
18, PR Docket No. 93-253, Aemorandhun Opinion Iand lOrder on R'r'onsttlrat)ion and Td Third Report and Order, 14
FCC Red 11)0030, 10091 11 112 (1999).
' 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 Aarand (ostrIructors v Peila, 515 U.S. 200) (1995) (requiring a strict scrutiny standard of
review for government mandated race-conscious measures): LUnedState s v. Virginia, 5 I8 U.S. 515 (1996)
(applying an intrcnnmediate standard of review to a state program based on gender classification).
13 C.F.R. 121 20()1. NAICS code 334220.
Federal Communications Commission
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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/m1/37/: accessed January 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.