[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Pages 27318-27319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13427]



[WT Docket No. 09-64; DA 09-1096]

Wireless Telecommunications Bureau Seeks Comment on Petition of 
Denali Spectrum License Sub, LLC for Forbearance From Unjust Enrichment 

AGENCY: Federal Communications Commission.

ACTION: Notice.


SUMMARY: This document seeks comments on the Petition filed by Denali 
Spectrum License Sub, LLC (Denali) on March 12, 2009. Denali asks the 
Commission to forbear from applying the unjust enrichment provisions of 
the Commission's competitive bidding rules.

DATES: Comments are due on or before June 18, 2009, and reply comments 
are due on or before July 6, 2009.

ADDRESSES: Comments and reply comments must be identified by WT Docket 
No. 09-64. Comments may be filed electronically using the Internet by 
accessing the Federal Communications Commission's Electronic Comment 
Filing System (ECFS) at http://www.fcc.gov/cgb/ecfs. Filers should 
follow the instructions provided on the Web site for submitting 
comments. For further help filing electronically, see Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). In 
addition, comments and reply comments may be submitted by any of the 
following methods:
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by

[[Page 27319]]

commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Bureaus continue to experience delays 
in receiving U.S. Postal Service mail). All filings must be addressed 
to the Commission's Secretary, Marlene H. Dortch, Office of the 
Secretary, Federal Communications Commission. Instructions for filing 
paper copies can be found at http://www.fcc.gov/osec/guidelines.html or 
by calling the Office of the Secretary at 202-418-0300.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or telephone: 202-
418-0530 or TTY: 202-418-0432.
    Commenters must also send a copy to Best Copy and Printing, Inc., 
445 12th St., SW., Suite CY-B402, Washington, DC 20554, by telephone at 
800-378-3160 or 202-488-5300, fax at 202-488-5563, or e-mail at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auctions and Spectrum Access Division, Scott Mackoul at 202-418-7498. 
All press inquires should be directed to Matthew Nodine at 202-418-

    1. The Commission has adopted unjust enrichment rules, which 
require a designated entity (DE) that has benefited from bidding 
credits to return some or all of those benefits if it transfers its 
license to a non-DE or otherwise loses its eligibility for such 
benefits. In 2006, the Commission revised its unjust enrichment rules, 
extending from five years to ten years the period during which a DE 
will have to repay some or all of its bidding credits if it loses 
eligibility for those benefits. Section 1.2111(d)(2)(i) of the 
Commission's rules, 47 CFR 1.2111(d)(2)(i), provides a prorated 
schedule for licensees that lose their eligibility for a bidding credit 
and were initially granted their licenses after April 25, 2006, to 
repay that biding credit.
    2. Denali asks that the Commission forbear from applying 47 CFR 
1.2111(d)(2)(i) to it in light of the prevailing economic conditions, 
Denali's need for additional capital to fund network deployment, and 
the opportunity for Denali to create jobs and extend its state-of-the-
art network to under-served low income and other segments of the 
population. Denali asserts that forbearance from applying the unjust 
enrichment provisions would be consistent with recent Federal 
initiatives intended to stimulate the national economy and promote 
investment. Denali also states that as a condition on the grant of its 
forbearance request, it will adhere to the less stringent unjust 
enrichment provisions that apply to licenses granted prior to April 25, 
    3. The Wireless Telecommunications Bureau seeks comment on Denali's 
Petition. Interested parties may file comments on or before June 18, 
2009, and reply comments on or before July 6, 2009.
    4. Denali's Petition will be available online through ECFS, in the 
Commission's Public Reference Center, and from the Commission's 
duplicating contractor, Best Copy and Printing, Inc. (BCPI), 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554, by telephone at 800-
378-3160 or 202-488-5300, fax at 202-488-5563, or e-mail at 
[email protected].
    5. This matter shall be treated as a permit-but-disclose proceeding 
in accordance with the Commission's ex parte rules.

Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. E9-13427 Filed 6-8-09; 8:45 am]