FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,768
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Federal Communications Commission
ETC application with the Commission in a separate public notice.'9
9. In addition, an Auction 902 applicant must certify that it is financially and technically capable
of providing 3G or better service.20 An applicant seeking to use the 25 percent bidding credit preference
for Tribally-owned or -controlled providers must certify that it is a Tribally-owned or -controlled entity
and identify the applicable Tribe and Tribal land in its application.2' To ensure that Tribal Mobility Fund
Phase I support meets the Commission's public interest objectives, recipients will be subject to a variety
of obligations, including performance, coverage, collocation, voice and data roaming requirements, and
Tribal engagement obligations.22 Among other things, winning bidders will be required either to deploy
3G service within two years, or 4G service within three years, after the date on which it is authorized to
receive support.23 Those seeking to participate in the auction must file a short-form application by a
deadline to be announced, providing information and certifications as to their qualifications to receive
support.24 After the close of the auction, winning bidders must submit a detailed long-form application
and procure an irrevocable stand-by Letter (or Letters) of Credit (LOC) to secure the Commission's
financial commitment, along with an opinion letter from counsel.25
10. Auction Process Overview. In the USF/ICC Transformation Order, the Commission
delegated authority to the Bureaus to implement Tribal Mobility Fund Phase I, including the authority to
prepare for and conduct an auction and administer program details.26 This Public Notice focuses on
establishing the procedures and processes needed to conduct Auction 902 and administer Tribal Mobility
Fund Phase I. Parties responding to this Public Notice should be familiar with the details of the USF/ICC
Transformation Order and the process established for the Commission's first auction of Mobility Fund
Phase I support (Auction 901), which serve as the foundation for the process we propose here. After
reviewing the comments requested by this Public Notice, the Bureaus will release a public notice detailing
final procedures for Auction 902. That public notice will be released so that potential applicants will have
adequate time to familiarize themselves with the specific procedures that will govern the auction and with
the obligations of support, including rates and coverage requirements that we address later in this Public
Notice. Below we summarize the topics on which we seek comment in this Public Notice. We ask that
commenters advocating for particular procedures provide input on the costs and benefits of those
'9 See Eligible Telecommunications Carrier Designation for Participation in Mobility Fund Phase I, Public Notice,
WC Docket No. 09-197, WT Docket No. 10-208, AU Docket No. 12-25, DA 12-271, 27 FCC Red 2054 (2012).
Petitions for designation as an ETC should be filed in WC Docket No. 09-197 and WT Docket No. 10-208, and
should not be filed in the docket for Auction 902, AU Docket No. 13-53. The Bureaus adopted a protective order
limiting access to proprietary and confidential information that may be filed in WC Docket No. 09-197 and WT
Docket No. 10-208 in connection with petitions filed for designation as an ETC for purposes of participation in any
Mobility Fund auction. See Petitions For Designation As An Eligible Telecommunications Carrier For Purposes of
Participation in Mobility Fund Auctions, Protective Order, WC Docket No. 09-197, WT Docket No. 10-208, DA
13-81, 28 FCC Rcd 318 (2013).
20 USF/ICC Transformation Order, 26 FCC Red at 17801-02, paras. 400-05; 47 C.F.R. 54.1003(c).
21 See USF/ICC Transformation Order, 26 FCC Red at 17823, para. 490; 47 C.F.R. 54.1004(c).
22 USF/ICC Transformation Order, 26 FCC Red at 17790-97, 17822-23, paras. 358-85, 489; 47 C.F.R.
23 USF/ICC Transformation Order, 26 FCC Red at 17791-92, paras. 360-65; see 47 C.F.R. 54.1006(a)-(b).
24 USF/ICC Transformation Order, 26 FCC Red at 17804-05, paras. 417-18; 47 C.F.R. 1.21001(b), 54.1005(a).
2 USF/ICC Transformation Order, 26 FCC Red at 17810-12, paras. 444-51; 47 C.F.R. 54.1005(b); see also
Auction 901 Procedures Public iVNotice, 27 FCC Red at 4770-72, paras. 169-72.
26 See USF/ICC Transformation Order, 26 FCC Red at 17783, 17803, paras. 329, 411.
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/21/: accessed June 24, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.