[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23176]


[[Page Unknown]]

[Federal Register: September 19, 1994]


_______________________________________________________________________

Part VII





Federal Communications Commission





_______________________________________________________________________




Public Information Collection Requirement Submitted to Office of 
Management and Budget for Review; Notice
FEDERAL COMMUNICATIONS COMMISSION

 
Public Information Collection Requirement Submitted to Office of 
Management and Budget for Review

September 14, 1994.
    The Federal Communications Commission has submitted the following 
information collection requirement to OMB for review and clearance 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
    Copies of this submission may be purchased from the Commission's 
copy contractor, International Transcription Service, Inc., 2100 M 
Street, NW., suite 140, Washington, DC 20037 (202) 857-3800. For 
further information on this submission contact Judy Boley, Federal 
Communications Commission (202) 418-0214. Persons wishing to comment on 
this information collection should contact Timothy Fain, Office of 
Management and Budget, room 10236 NEOB, Washington, DC 20503 (202) 395-
3561.

    Please note: The Commission has requested expedited OMB review 
of this item by September 21, 1994, under the provisions of 5 CFR 
1320.18.

    OMB Number: 3060-0604.
    Title: Implementation of Section 309(j) of the Communications Act--
Competitive Bidding, Third Report and Order and Third Memorandum 
Opinion and Order and Further Notice of Proposed Rulemaking, PP Docket 
No. 93-253 (47 CFR Part 24).
    Action: Revised collection.
    Respondents: Individuals or households, state or local governments, 
non-profit institutions and businesses or other for-profit (including 
small businesses).
    Frequency of Response: On occasion reporting requirement(s) and 
recordkeeping requirement.
    Estimated Annual Burden: 10-17,770 responses, .50-20 hours average 
burden per response, 41,100 hours annual burden; 4,554 recordkeepers, 1 
hour average burden per recordkeeper, 45,654 hours total annual burden.
    Needs and Uses: On May 20, 1994, the OMB approved the collections 
of information contained in the Third Report and Order which 
established service-specific rules for competitive bidding on licenses 
to be awarded for Personal Communications Services in the 900 MHz band 
(``narrowband PCS'') and the general procedural and processing rules 
for the narrowband PCS service. The Commission received seven petitions 
for reconsideration of the Third Report and Order and three oppositions 
and comments and on reply. Upon reconsideration, the Commission has 
clarified, modified and supplemented the original rules governing the 
auction of narrowband PCS licenses. For example, the Commission has 
modified its original definition of small business to include larger 
concerns, and has codified principles for attributing the interests of 
various affiliates of the applicant to that applicant. The Commission 
has also modified the various preferential measures that are available 
to certain entities designated by Congress, such as increasing the 
available bidding credits to 40% from 25% in some cases. In order to 
better ensure that applicants claiming these preferences are entitled 
to them and to aid the Commission's enforcement efforts, winning 
bidders are now required to supply additional information on the 
ownership of the applicant. The FCC Form 175, now permits applicants to 
amend their FCC Form 175 applications to reflect ownership changes that 
do not result in a change in control of the applicant. The Commission 
believes that the new and modified rules and requirements will 
facilitate the auction process and will increase the opportunities for 
designated entities to participate in the provision of narrowband PCS. 
The rules and requirements have been carefully crafted as to not unduly 
burden any applicant with unnecessary paperwork requirements. We 
estimate that each applicant will take an additional five (5) hours to 
comply with the new and modified paperwork requirements. If the normal 
60-day OMB review and clearance process for information collections 
were followed, it would effectively impede the Commission's ability in 
achieving Congressional objectives of encouraging rapid deployment of 
service, efficient use of the spectrum, enhancing access to 
telecommunications services, and ensuring that spectrum based services 
are available to a wide range of consumers. It would also thwart the 
Commission's ability to recover for the public a portion of the value 
of the public spectrum. The result would be an unnecessary delay in the 
anticipated benefits to the public. The revised rule sections are in 
the following Appendix are provided in this notice as required by the 
Paperwork Reduction Act of 1980.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Appendix Rules

    Part 24 of Chapter I of Title 47 of the Code of Federal 
Regulations is amended as follows:
    1. The authority citation for Part 24 continues to read as 
follows:

    Authority: Secs. 4, 301, 302, 303, 309 and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. Secs. 154, 301, 302, 303, 309 and 332, 
unless otherwise noted.

    2. Section 24.129 is revised to read as follows:

Section. 24.129  Frequencies

    The following frequencies are available for narrowband PCS. All 
licenses on channels indicated with an (*) will be eligible for 
bidding credits of 25 percent, and all licenses indicated with an 
(**) will be eligible for bidding credits of 40 percent, as set 
forth in Section 24.309(b) of this part if competitive bidding is 
used to award such licenses.
    (a) Eleven frequencies are available for assignment on a 
nationwide basis as follows:
    (1) Five 50 kHz channels paired with 50 kHz channels:
    Channel 1: 940.00-940.05 and 901.00-901.05 MHz;
    Channel 2: 940.05-940.10 and 901.05-901.10 MHz;
    Channel 3: 940.10-940.15 and 901.10-901.15 MHz;
    Channel 4: 940.15-940.20 and 901.15-901.20 MHz; and,
    Channel 5: 940.20-940.25 and 901.20-901.25 MHz.*
    (2) Three 50 kHz channels paired with 12.5 kHz channels:
    Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz;
    Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and,
    Channel 8: 930.50-930.55 and 901.7750-901.7875 MHz.*
    (3) Three 50 kHz unpaired channels:
    Channel 9: 940.75-940.80 MHz;
    Channel 10: 940.80-940.85 MHz; and,
    Channel 11: 940.85-940.90 MHz.*
    (b) Six frequencies are available for assignment on a regional 
basis as follows:
    (1) Two 50 kHz channels paired with 50 kHz channels:
    Channel 12: 940.25-940.30 and 901.25-901.30 MHz; and,
    Channel 13: 940.30-940.35 and 901.30-901.35 MHz.**
    (2) Four 50 kHz channels paired with 12.5 kHz channels:
    Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz;
    Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz;
    Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and,
    Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz.**
    (c) Seven frequencies are available for assignment on a MTA 
basis as follows:
    (1) Two 50 kHz channels paired with 50 kHz channels:
    Channel 18: 940.35-940.40 and 901.35-901.40 MHz; and,
    Channel 19: 940.40-940.45 and 901.40-901.45 MHz.*
    (2) Three 50 kHz channels paired with 12.5 kHz channels:
    Channel 20: 930.75-930.80 and 901.8375-901.8500 MHz;
    Channel 21: 930.80-930.85 and 901.8500-901.8625 MHz; and,
    Channel 22: 930.85-930.90 and 901.8625-901.8750 MHz.*
    (3) Two 50 kHz unpaired channels:
    Channel 23: 940.90-940.95 MHz; and,
    Channel 24: 940.95-941.00 MHz.*
    (d) Two 50 kHz channels paired with 12.5 kHz channels are 
available for assignment on a BTA basis:
    Channel 25: 930.90-930.95 and 901.8750-901.8875 MHz; and,
    Channel 26: 930.95-931.00 and 901.8875-901.9000 MHz.*

    Note 1: Operations in markets or portions of markets which 
border other countries, such as Canada and Mexico, will be subject 
to on-going coordination arrangements with neighboring countries.

    3. Section 24.130 is amended by revising paragraphs (b) and (c) 
to read as follows:
* * * * *
    (b) The following four 12.5 kHz unpaired channels are available 
for assignment on a MTA basis:
    A: 901.9000-901.9125 MHz;
    B: 901.9125-901.9250 MHz;
    C: 901.9250-901.9375 MHz; and
    D: 901.9375-901.9500 MHz.
    (c) The following four 12.5 kHz unpaired channels are available 
for assignment on a BTA basis:
    E: 901.9500-901.9625 MHz;
    F: 901.9625-901.9750 MHz:
    G: 901.9750-901.9875 MHz; and
    H: 901.9875-902.0000 MHz.
    4. Section 24.303 is revised to read as follows:

Sec. 24.303  Competitive Bidding Mechanisms

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which narrowband PCS licenses will be auctioned.
    (b) Grouping. In the event the Commission uses either a 
simultaneous multiple round competitive bidding design or 
combinatorial bidding, the Commission will determine which licenses 
will be auctioned simultaneously or in combination.
    (c) Reservation Price. The Commission may establish a 
reservation price, either disclosed or undisclosed, below which a 
license subject to auction will not be awarded.
    (d) Minimum Bid Increments. The Commission may, by announcement 
before or during an auction, require minimum bid increments in 
dollar or percentage terms. The Commission may also establish by 
Public Notice a suggested opening bid or a minimum opening bid on 
each license.
    (e) Stopping Rules. The Commission may establish stopping rules 
before or during multiple round auctions in order to terminate an 
auction within a reasonable time.
    (f) Activity Rules. The Commission may establish activity rules 
which require a minimum amount of bidding activity. In the event 
that the Commission establishes an activity rule in connection with 
a simultaneous multiple round auction, each bidder will be entitled 
to request and will be automatically granted one activity rule 
waiver during each stage of an auction, or one automatic waiver 
during a specified number of bidding rounds. The Commission may 
change by Public Notice the number and frequency of such automatic 
activity rule waivers for a specific auction.
    (g) Bidder Identification During Auctions. The Commission may 
choose, on an auction-by-auction basis, to release the identity of 
the bidders associated with bidder identification numbers. The 
Commission will announce by Public Notice before each auction 
whether bidder identities will be revealed.
    5. Section 24.308 is revised to read as follows:

Sec. 24.308  License Grant, Denial, Default, and Disqualification

    (a) Unless eligible for installment payments and/or a bidding 
credit, each winning bidder is required to pay the balance of its 
winning bid in a lump sum payment within five (5) business days 
following the award of the license. Grant of the license will be 
conditioned upon full and timely payment of the winning bid amount.
    (b) A bidder who withdraws its bid, defaults on a payment or is 
disqualified will be subject to the penalties specified in Section 
1.2109 of this Chapter.
    6. Section 24.309 is revised to read as follows:

Sec. 24.309  Designated Entities

    (a) Designated entities entitled to preferences in the 
narrowband PCS service are small businesses and businesses owned by 
members of minority groups and/or women as defined in 
Sec. Sec. 24.320(b) and 24.320(c) of this Subpart.
    (b) Designated entities will be eligible for certain special 
narrowband PCS provisions as follows:
    (1) Installment payments. Small businesses, including small 
businesses owned by members of minority groups and women, will be 
eligible to pay the full amount of their winning bid on any 
regional, MTA or BTA license in installments over the term of the 
license pursuant to the terms set forth in Section 1.2110(d) of this 
Chapter.
    (2) Bidding Credits. Businesses owned by members of minority 
groups and women, including small businesses owned by members of 
minority groups and women, will be eligible for a twenty-five (25) 
percent bidding credit when bidding on the following licenses: (1) 
the nationwide licenses on Channel 5, Channel 8 and Channel 11; (2) 
all MTA licenses on Channel 19, Channel 22, Channel 24; and (3) BTA 
licenses on Channel 26. This bidding credit will reduce by 25 
percent the bid price that businesses owned by members of minority 
groups and women will be required to pay to obtain a license. 
Businesses owned by women and/or minorities, including small 
businesses owned by women and/or minorities will be eligible for a 
forty (40) percent bidding credit when bidding on all regional 
licenses on Channel 13 and Channel 17. In section 24.129 above, the 
licenses that will be eligible for 25 percent bidding credits are 
indicated by an (*); the licenses that will be eligible for 40 
percent bidding credits are indicated by an (**).
    (3) Tax Certificates. Any non-controlling initial investor in a 
business owned by members of minority groups and/or women and who 
provides ``start-up'' financing, which allows such business to 
acquire a narrowband PCS license(s), and any non-controlling 
investor who purchases an interest in a narrowband PCS license held 
by a business owned by members of minority groups and/or women 
within the first year after license issuance, may, upon the sale of 
such investment or interest, request from the Commission a tax 
certificate. Any narrowband PCS licensee who assigns or transfers 
control of its license to a business owned by members of minority 
groups and/or women may request that the Commission issue the 
licensee a tax certificate.
    (c) Short-Form Application Certification; Long-Form Application 
Disclosure.
    (1) All applicants for licenses under the designated entity 
provisions set forth in this section shall certify on their short-
form applications (Form 175) that they are eligible for those 
preferences pursuant to this section.
    (2) In addition to the requirements in subpart I, all designated 
entity applicants that are winning bidders shall, in an exhibit to 
their long-form applications--
    (i) identify each member of the applicant's control group, 
regardless of the size of the member's total interest in the 
applicant, and each member's minority group or gender 
classification, if applicable;
    (ii) disclose the gross revenues of the applicant and its 
affiliates, and other persons that hold interests in the applicant 
and their affiliates (including all members of the applicant's 
control group); and
    (iii) certify that the personal net worth of the applicant (if 
an individual), each affiliate and each person that hold an interest 
in the applicant is less than $40 million.
    (d) Audits. Applicants and licensees claiming eligibility under 
this section shall be subject to random audits by the Commission.
    (e) Definitions. The terms affiliate, business owned by members 
of minority groups and women, consortium of small businesses, 
control group, gross revenues, members of minority groups, passive 
equity, personal net worth, and small business used in this section 
are defined in Sec. 24.320.
    (f) Unjust Enrichment. Designated entities using installment 
payments, bidding credits or tax certificates to obtain a narrowband 
PCS license will be subject to the following unjust enrichment 
provisions:
    (1) If a small business paying for a narrowband PCS license in 
installment payments seeks to transfer a license to a non-small 
business entity during the term of the license, the remaining 
principal balance must be repaid as a condition of the license 
transfer.
    (2) If a licensee that utilizes installment financing under this 
section seeks to make any change in ownership structure that would 
result in the licensee losing eligibility for installment payments, 
the licensee shall first seek Commission approval and must make full 
payment of the remaining unpaid principal and any unpaid interest 
accrued through the date of the change as a condition of approval. 
Increases in gross revenues that result from equity investments that 
are not attributable to the licensee under Sec. 24.320(b)(2)(iv), 
revenues from operations, business development or expanded service 
shall not be considered changes in ownership structure under this 
paragraph.
    7. Section 24.320 is added to read as follows:

Sec. 24.320  Definitions

    (a) Scope. The definitions in this section apply to 
Secs. 24.309-24.315 of this subpart, unless otherwise specified in 
those sections.
    (b) Small Business; Consortium of Small Businesses.
    (1) A small business is an entity that (i) together with its 
affiliates has average annual gross revenues that are not more than 
$40 million for the preceding three calendar years; (ii) has no 
attributable investor or affiliate that has a personal net worth of 
$40 million or more; (iii) has a control group all of whose members 
and affiliates are considered in determining whether the entity 
meets the $40 million annual gross revenues and personal net worth 
standards; and (iv) such control group holds 50.1 percent of the 
entity's voting interest, if a corporation, and at least 25 percent 
of the entity's equity on a fully diluted basis, except that a 
business owned by members of minority groups and/or women (as 
defined in subsection (c)) may also qualify as a small business if a 
control group that is 100 percent composed of members of minority 
groups and/or women holds 50.1 percent of the entity's voting 
interests, if a corporation, and 50.1 percent of the entity's total 
equity on a fully diluted basis and no single other investor holds 
more than 49.9 percent of passive equity in the entity.
    (2) Attribution and Aggregation of Gross Revenues and Personal 
Net Worth.
    (i) Except as specified in paragraphs (iii) and (iv), the gross 
revenues of the applicant (or licensee) and its affiliates, and 
other persons that hold interests in the applicant (or licensee) and 
the affiliates shall be considered on a cumulative basis and 
aggregated for purposes of determining whether the applicant (or 
licensee) is a small business.
    (ii) The personal net worth of individual applicants (or 
licensees) and other persons that hold interests in the applicant 
(or licensee), and their affiliates, if less than $40 million, shall 
not be considered for purposes of determining whether the applicant 
(or licensee) is eligible to bid as a small business.
    (iii) Where an applicant (or licensee) is a consortium of small 
businesses, the gross revenues of each small business shall not be 
aggregated.
    (iv) (a) The gross revenues and personal net worth of a person 
that holds an interest in the applicant (or licensee) shall not be 
considered so long as (1) such person holds no more than 25 percent 
of the applicant's (or licensee's) passive equity and is not a 
member of the applicant's or control group and (2) the applicant has 
a control group that owns at least 25 percent of the applicant's 
total equity and, if a corporation, holds at least 50.1 percent of 
the applicant's voting interests.
    (b) The gross revenues, total assets and personal net worth of a 
person that holds an interest in the applicant shall not be 
considered so long as (1) such person holds no more than 49.9 
percent of the applicant's (or licensee's) passive equity and is not 
a member of the applicant's control group; and (2) the applicant has 
a control group that consists entirely of members of minority groups 
and/or women and that owns at least 50.1 percent of the applicant's 
total equity and, if a corporation, at least 50.1 percent of the 
applicant's voting interests.

    Note: Ownership interests shall be calculated on a fully diluted 
basis; all agreements such as warrants, stock options and 
convertible debentures will generally be treated as if the rights 
thereunder already have been fully exercised, except that the such 
agreements may not be used to appear to terminate or divest 
ownership interests before they actually do so.

    (3) A small business consortium is a conglomerate organization 
formed as a joint venture between mutually-independent business 
firms, each of which individually satisfies the definition of a 
small business.
    (c) Business Owned by Members of Minority Groups and/or Women. A 
business owned by members of minority groups and/or women is an 
entity (i) that has a control group composed 100 percent of members 
of minority groups and/or women who are United States Citizens, and 
(ii) such control group owns and holds 50.1 percent of the voting 
interests, if a corporation, and (A) owns and holds 50.1 percent of 
the total equity in the entity, provided that all other investors 
hold passive interests; or (B) holds 25 percent of the total equity 
in the entity, provided that no single other investor holds more 
than 25 percent passive equity interests in the entity. In a 
partnership, all general partners must be members of minority groups 
and/or women. Ownership interests shall be calculated on a fully 
diluted basis; all agreements such as warrants, stock options and 
convertible debentures will generally be treated as if the rights 
thereunder already have been fully exercised, except that such 
agreements may not be used to appear to terminate or divest 
ownership interests before they actually do so.
    (d) Gross Revenues. Gross revenues shall mean all income 
received by an entity, whether earned or passive, before any 
deductions are made for costs of doing business (e.g., cost of goods 
sold), as evidenced by audited quarterly financial statements for 
the relevant period.
    (e) Personal Net Worth. Personal net worth shall mean the market 
value of all assets (real and personal, tangible and intangible) 
owned by an individual, less all liabilities (including personal 
guarantees) owed by the individual in his individual capacity or as 
a joint obligor.
    (f) Members of Minority Groups. Members of minority groups 
includes individuals of African American, Hispanic-surnamed, 
American Eskimo, Aleut, American Indian and Asian American 
extraction.
    (g) Passive Equity. Passive equity shall mean (i) for 
corporations, non-voting stock or stock that includes no more than 
fifteen percent of the voting equity; (ii) for partnerships, joint 
ventures and other non-corporate entities, limited partnership 
interests and similar interests that do not afford the power to 
exercise control of the entity.
    (h) Control Group. A control group is an entity, or a group of 
individuals or entities, that possesses de jure control and de facto 
control of an applicant or licensee, and as to which the applicant's 
or licensee's charters, articles of incorporation, bylaws, 
agreements and any other relevant documents (and amendments thereto) 
provide (i) that the entity and/or its members own unconditionally 
at least 50.1 percent of the total voting interests of a 
corporation; (ii) that the entity and/or its members receive at 
least 50.1 percent of the annual distribution of any dividends paid 
on the voting stock of a corporation; (iii) that, in the event of 
dissolution or liquidation of a corporation, the entity and/or its 
members are entitled to receive 100 percent of the value of each 
share of stock in its possession and a percentage of the retained 
earnings of the concern that is equivalent to the amount of equity 
held in the corporation; and (iv) that the entity and/or its members 
have the right to receive dividends, profits and regular and 
liquidating distributions from the business in proportion to its 
interest in the total equity of the applicant or licensee.

    Note: Voting control does not always assure de facto control, 
such as, for example, when the voting stock of the control group is 
widely dispersed (see, e.g., Sec. 24.720(e)(2)(iii)).

    (i) Affiliate. (1) Determinations regarding whether an 
individual or entity will be considered an affiliate of (a) an 
applicant or (b) a person holding an attributable interest in an 
applicant under paragraph (b)(2) will be made pursuant to the 
general affiliation rules set forth in section 24.720(l) of this 
part.
    8. Section 24.406 is revised to read as follows:

Sec. 24.406  Filing of Narrowband PCS Applications, Fees, and 
Numbers of Copies

    (a) As prescribed by Sections 24.305, 24.307, and 24.409 of this 
part, standard formal application forms applicable to the narrowband 
PCS may be obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) by calling the Commission's Forms Distribution Center, (202) 
418-3676.
    (b) Applications for the initial provision of narrowband PCS 
service must be filed on FCC Form 175 in accordance with the rules 
in Section 24.305 and Part 1, Subpart Q. In the event of mutual 
exclusivity between applicants filing FCC Form 175, only auction 
winners will be eligible to file subsequent long form applications 
on FCC Form 401 for initial narrowband PCS licenses. Mututally 
exclusive applications filed on Form 175 are subject to competitive 
bidding under those rules. Narrowband PCS applicants filing Form 401 
need not complete Schedule B.
    (c) All applicants for Narrowband PCS radio station 
authorizations (other than applications for initial provision of 
narrowband PCS service filed on FCC Form 175) shall be submitted for 
filing to: Federal Communications Commission, Washington, DC 20554, 
Attention: Narrowband PCS Processing Section. Applicants requiring 
fees as set forth at Part 1, Subpart G of this chapter must be filed 
in accordance with Sec. 0.401(b).
    (d) All correspondence or amendments concerning a submitted 
application shall clearly identify the name of the applicant, 
applicant identification number or Commission file number (if known) 
or station call sign of the application involved, and may be sent 
directly to the Common Carrier Bureau, Narrowband PCS Processing 
Section.
    (e) Except as otherwise specified, all applicants, amendments, 
correspondence, pleadings and forms (including FCC Form 175) shall 
be submitted on one original paper copy and with three microfiche 
copies, including exhibits and attachments thereto, and shall be 
signed as prescribed by Sec. 1.743. Unless otherwise provided by the 
FCC, filings of five pages or less are exempt from the requirements 
to submit on microfiche, as well as emergency filings like letters 
requesting special temporary authority. Those filing any amendments, 
correspondence, pleadings, and forms must simultaneously submit the 
original hard copy which must be stamped ``original''. In addition 
to the original hard copy, those filings pleadings, including 
pleadings under Section 1.2108 of the rules shall also submit 2 
paper copies as provided in Sec. 1.51 of the rules.
    (1) Microfiche copies. Each microfiche copy must be a copy of 
the signed original. Each microfiche copy shall be a 148mm X 105mm 
negative (clear transparent characters appearing on an opaque 
background) at 24X to 27X reduction for microfiche or microfiche 
jackets. One of the microfiche sets must be a silver halide camera 
master or a copy made on silver halide film such as Kodak Direct 
Duplicatory Film. The microfiche must be placed in paper microfiche 
envelopes and submitted in a B6 (125 mm x 176 mm) or 5 x 7.5 inch 
envelope. All applicants must leave Row ``A'' (the first row for 
page images) of the first fiche blank for in-house identification 
purposes.
    (2) All applicants and all amendments must have the following 
information printed on the mailing envelope, the microfiche 
envelope, and on the title area at the top of the microfiche:
    (i) The name of the applicant;
    (ii) The type of application (e.g. nationwide, regional, MTA, 
BTA, response channel);
    (iii) The month and year of the document;
    (iv) Name of the document;
    (v) File number, applicant identification number, and call sign, 
if assigned; and
    (vi) The identification number and date of the Public Notice 
announcing the auction in response to which the application was 
filed (if applicable).
    Each microfiche copy of pleadings shall include:
    (A) The month and year of the document;
    (B) Name of the document;
    (C) Name of the filing party;
    (D) File number, applicant identification number, and call sign, 
if assigned;
    (E) The identification number and date of the Public Notice 
announcing the auction in response to which the application was 
filed (if applicable). Abbreviations may be used if they are easily 
understood.
    9. Section 24.422 is revised to read as follows:

Sec. 24.422  Amendment of Application for Narrowband Personal 
Communications Service Filed on FCC Form 175

    (a) The Commission will provide bidders a limited opportunity to 
cure defects in FCC Form 175 specified herein except for failure to 
sign the application and to make certifications. These are defects 
which may not be cured. See also Section 1.2105.
    (b) In the Narrowband PCS, applicants will be permitted to amend 
their Form 175 applications to make minor amendments to correct 
minor errors or defects such as typographical errors. Applicants 
will also be permitted to amend FCC Form 175 to make ownership 
changes or changes in the identification of parties to bidding 
consortia, provided such changes do not result in a change in 
control of the applicant and do not involve another applicant (or 
parties in interest to an applicant) who has applied for any of the 
same licenses as the applicant. Amendments which change control of 
the applicant will be considered major amendments. An FCC Form 175 
which is amended by a major amendment will be considered to be newly 
filed and cannot be resubmitted after applicable filing deadlines. 
See also Section 1.2105.
    10. Section 24.429 is amended by deleting paragraph (b) and 
redesignating paragraphs (c) and (d) as (b) and (c), respectively, 
to read as follows:

Sec. 24.429  Ownership Changes and Agreements To Amend or To 
Dismiss Applications or Pleadings

    (a) Applicability. Subject to the provisions of Sec. 1.2105 
(Bidding Application and Certification Procedures; Prohibition of 
Collusion), this section applies to applicants and all other parties 
interested in pending applications who wish to resolve contested 
matters among themselves with a formal or an informal agreement or 
understanding. This section applies only when the agreement or 
understanding will result in:
    (1) A major change in the ownership of an applicant to which 
Sec. 24.423(c) and 24.423(g) would apply or which would cause the 
applicant to lose its status as a designated entity under Section 
24.309, or
    (2) The individual or mutual withdrawal, amendment or dismissal 
of any pending application, amendment, petitioner or other pleading.
    (b) If the amendment would cause the applicant to lose its 
status as a designated entity under Section 24.309, the applicant 
must notify the Commission of this change in status and must comply 
with the obligations imposed by Sections 24.308, including 
increasing its down payment to the level required as a non-
designated entity.
    (c) The provisions of Section 22.927 will apply in the event of 
the individual or mutual withdrawal, amendment or dismissal of any 
pending application, amendment, petitioner or other pleading.
    11. Section 24.430 is revised to read as follows:

Sec. 24.430  Opposition to Applications

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Section 1.2108 and must:
    (1) Identify the application or applications (including 
applicant's name, station location, Commission file numbers and 
radio service involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Secs. 1.41 through 1.52 
except where otherwise provided in Section 1.2108;
    (3) Contain specific allegations of fact which, except for facts 
of which official notice may be taken, shall be supported by 
affidavit of a person or persons with personal knowledge thereof, 
and which shall be sufficient to demonstrate that the petitioner (or 
respondent) is a party in interest and that a grant of, or other 
Commission action regarding, the application would be prima facie 
inconsistent with the public interest;
    (4) Be filed within thirty (30) days after the date of public 
notice announcing the acceptance for filing of any such application 
or major amendment thereto (unless the Commission otherwise extends 
the filing deadline); and
    (5) Contain a certificate of service showing that it has been 
mailed to the applicant no later than the date of filing thereof 
with the Commission.
    (b) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed application. This does not apply to petitioners who 
gain standing because of the major amendment.
    (c) parties who file frivolous petitions to deny may be subject 
to sanctions including monetary forfeitures, license revocation, if 
they are FCC licensees, and may be prohibited from participating in 
future auctions.
[FR Doc. 94-23176 Filed 9-16-94; 8:45 am]
BILLING CODE 6712-01-M