Auction 46 began on 4/30/2003 and closed on 4/30/2003.
Round 2. (See PN DA 03-1472)
5 MHz contiguous unpaired
1 bidder won 1 license
- Key Dates
- Licenses Offered
- Permissible Operations
- License Period and Construction Requirements
- Small Business Bidding Credits
- Tribal Land Credits
- Licensing Rules
Auction No. 46 offered one nationwide license consisting of a 5-megahertz block of contiguous unpaired spectrum in the 1670-1675 MHz band.
Authorized to provide a variety or combination of fixed, mobile (except aeronautical mobile), common carrier, and non-common carrier services. The band is shared on a co-primary basis with the Federal Government and may be limited by geographic area, time, or other means.
A license is issued for a ten-year term from the initial license grant date. The licensee has a renewal expectancy based on the provision of substantial service to the public and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. §§ 27.13, 27.14))..
Bidding credits are available to small and very small businesses or consortia thereof, (as defined in 47 C.F.R. § 27.906). A bidding credit represents the amount by which a bidder's winning bid is discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates, its controlling interests, and the affiliates of its controlling interests:
- A small business with attributed average annual gross revenues of not more than $40 million for the preceding three years receives a 15 percent discount on its winning bid for the 1670-1675 MHz band license;
- A very small business with attributed average annual gross revenues of not more than $15 million for the preceding three years receives a 25 percent discount on its winning bid for the 1670-1675 MHz band license;
Bidding credits are not cumulative. A qualifying applicant receives either the 15 percent or 25 percent bidding credit, but not both.
A winning bidder that intends to use its license to deploy facilities and provide services to federally-recognized tribal lands that are unserved by any telecommunications carrier or that have a telephone service penetration rate equal to or below 70 percent is eligible to receive a tribal land bidding credit as set forth in 47 C.F.R. § 1.2107 and 1.2110(f). A tribal land bidding credit is in addition to, and separate from, any other bidding credit for which a winning bidder may qualify.
Unlike other bidding credits that are requested prior to the auction, a winning bidder applies for the tribal land bidding credit after winning the auction when it files its long-form application (FCC Form 601). In order for a winning bidder to be awarded a tribal land bidding credit, it must provide specific certifications regarding the servicing of tribal lands and is subject to specific performance criteria as set forth in 47 C.F.R. § 1.2110(f).
The 1670-1675 MHz band is allocated to the meteorological-satellite service (space-to-Earth) on a primary basis for Government use. Geostationary Operational Environmental Satellite (GOES) receive earth stations located at Wallops Island, Virginia and Fairbanks, Alaska and Greenbelt, Maryland will have co-primary status with non-Federal Government operations in the band. If the licensee plans to operate within 100 kilometers (62.1 miles) of the earth stations at Wallops Island and Fairbanks they must notify the National Oceanic and Atmospheric Administration (NOAA) of the proposed operation in accordance with the procedures specified in 47 C.F.R. § 1.924.
If the licensee plans to operate fixed or mobile sites within 65 kilometers (40.4 miles) of the meteorological-satellite (METSAT) station located at Greenbelt, MD they must notify NOAA before the activation of new facilities or any modifications to existing facilities in accordance with the procedures listed in 47 C.F.R. § 1.924. The Greenbelt facility is used as a back-up for Wallops Island and only operates during tests (about once per month) and in any instance where Wallops Island goes out of service. Protection of the facility is necessary only while the station is in operation. However, the licensee will be required to reduce power or shut down any fixed site or mobile unit located within the coordination zone and which could cause interference when the facility is active.
- A licensee operating "near the border" must protect stations in Canada and Mexico from harmful interference. Operations in the 1670-1675 MHz band may be subject to future agreements with Canada and Mexico and therefore may be subject to further modification.
- Licensees in the 1670-1675 MHz band must file a separate station application with the Commission and obtain an individual station license, prior to construction or operation, of any station: that requires submission of an Environmental Assessment under Part 1, § 1.1307; that requires international coordination; that operates in the quiet zones listed under Part 1, § 1.924.
- Prior to construction of a station, a licensee must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by Part 17.
- Partitioning and/or disaggregation is permitted. (See 47 C.F.R. § 27.15).
- Subject to unjust enrichment provision. (See 47 C.F.R. § 1.2111(e)).
- Provides for traditional licensing and band manager options.