FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,770
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Federal Communications Commission
network construction details.32 Winning bidders must also certify that they will offer service in supported
areas at rates comparable to those for similar services in urban areas. In this Public Notice, we describe
and seek comment on a proposed standard for demonstrating compliance with this requirement. A
winning bidder will be liable for an auction default payment if the bidder fails to timely file the long-form
application, is found ineligible, is disqualified, or otherwise defaults for any reason. In addition, a
winning bidder that fails to meet certain obligations will be liable for a performance default payment.
Accordingly, winning bidders will be required to provide an irrevocable stand-by LOC in an amount
equal to the amount of support, plus an additional amount which would serve as a performance default
payment if necessary. As discussed below, the Bureaus seek comment on how to establish auction and
performance default payments.
16. Tribal Engagement. Any bidder winning support for areas within Tribal lands--i.e., any
bidder winning support in Auction 902-must notify the appropriate Tribal governments of its winning
bid no later than five business days after being identified by public notice as a winning bidder.33
Thereafter, at the long-form application stage and in annual reports, a bidder winning support in Auction
902 will be required to certify that it has substantively engaged appropriate Tribal officials regarding
certain minimum discussion topics and provide a summary of the results of such engagement.34 A copy
of the certification and summary must be sent to the appropriate Tribal officials when it is sent to the
Commission.3s A winning bidder's engagement with the applicable Tribal governments must consist, at a
minimum, of discussion regarding: (i) a needs assessment and deployment planning with a focus on
Tribal community anchor institutions; (ii) feasibility and sustainability planning; (iii) marketing services
in a culturally sensitive manner; (iv) rights of way processes, land use permitting, facilities siting,
environmental and cultural preservation review processes; and (v) compliance with Tribal business and
ill. AREAS ELIGIBLE FOR TRIBAL MOBILITY FUND SUPPORT
A. Identifying Eligible Unserved Census Blocks
17. In the USF/ICC Transformation Order, the Commission decided to target Mobility Fund
Phase I support, including Tribal Mobility Fund Phase I support, to census blocks without 3G or better
service, and determined that Mosaik Solutions (Mosaik) data is the best available data source for
determining the availability of such service.37 Accordingly, we have identified potentially eligible blocks
32 An applicant's claim of eligibility for the bidding credit available to Tribally-owned or -controlled providers is
subject to review to verify the facts underlying the claim of ownership or control.
33 USF/ICC Transformation Order, 26 FCC Rcd at 17822-23, para. 489; 47 C.F.R. 54.1004(d)(2).
34 USF/ICC Transformation Order, 26 FCC Red at 17822-23, para. 489; 47 C.F.R. 54.1004(d)(3). Appropriate
Tribal government officials are elected or duly authorized government officials of federally recognized American
Indian Tribes and Alaska Native Villages. In the instance of the Hawaiian Home Lands, this engagement must
occur with the State of Hawaii Department of Hawaiian Home Lands and Office of Hawaiian Affairs. See USF/ICC
Transformation Order, 26 FCC Rcd at 17869, para. 637 n.1053.
35 47 C.F.R. 54.1004(d)(3).
36 47 C.F.R. 54.1004(d)(1); see also Office of Native Affairs and Policy, Wireless Telecommunications Bureau,
and Wireline Competition Bureau Issue Further Guidance on Tribal Government Engagement Obligation Provisions
of the Connect America Fund, Public Notice, WC Docket Nos. 10-90, 07-135, 05-337, 03-109, CC Docket Nos. 01-
92, 96-45, WT Docket No. 10-208, GN Docket No. 09-51, DA 12-1165, 27 FCC Rcd 8176 (2012), pets. for recon.
7 USF/ICC Transformation Order, 26 FCC Red at 17783-84, paras. 332, 334; see also Auction 901 Procedures
Public Notice, 27 FCC Rcd at 4729-30, para. 9. The Order identified American Roamer data as the best available
source. In February 2012, subsequent to the release of the USF/ICC Transformation Order, American Roamer
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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/m1/23/: accessed December 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.