Goto Section: 54.1013 | 54.1015 | Table of Contents

FCC 54.1014
Revised as of January 19, 2021
Goto Year:2020 | 2022
  §  54.1014   Application process.

   (a) Application to participate in competitive bidding for 5G Fund
   support. In addition to providing the information specified in
   § 1.21001(b) of this chapter and any other information required by the
   Commission, an applicant to participate in competitive bidding for 5G
   Fund support shall:

   (1) Certify that the applicant is financially and technically capable
   of meeting the public interest obligations and performance requirements
   in § 54.1015 in each area for which it seeks support;

   (2) Disclose its status as an eligible telecommunications carrier in
   any area for which it will seek support and associated study area
   code(s) or as an entity that will file an application to become an
   eligible telecommunications carrier in any such area after being
   identified as a winning bidder for such area in a 5G Fund auction, and
   certify that the disclosure is accurate;

   (3) Describe the Commission licensed spectrum to which the applicant
   has exclusive access that the applicant plans to use to meet its public
   interest obligations and performance requirements in areas for which it
   will bid for support, including whether the applicant currently holds a
   license for or leases the spectrum, including any necessary renewal
   expectancy, and whether such spectrum access is contingent upon
   receiving support in a 5G Fund auction, the license applicable to the
   spectrum to be accessed, the type of service covered by the license,
   the particular frequency band(s), the call sign, and the total amount
   of bandwidth (in megahertz) to which the applicant has access under the
   license applicable to the spectrum to be accessed, and certify that the
   description is accurate, that the applicant has access to spectrum in
   each area for which it intends to bid for support, and that the
   applicant will retain such access for at least ten (10) years after the
   date on which it is authorized to receive 5G Fund support;

   (4) Submit specified operational and financial information;

   (i) Indicate whether the applicant has been providing mobile wireless
   voice and/or mobile wireless broadband service for at least three years
   prior to the short-form application deadline (or is a wholly-owned
   subsidiary of an entity that has been providing such service for at
   least three years). An applicant for a 5G Fund auction will be deemed
   to have started providing mobile wireless broadband service on the date
   it began commercially offering service to end users. If the applicant
   is applying as a consortium or joint venture, the applicant will be
   permitted to rely on the length of time a member of the consortium or
   joint venture has been providing mobile service prior to the short-form
   application deadline in responding to this question;

   (ii) If the applicant has been providing mobile wireless voice and/or
   mobile wireless broadband service for at least three years prior to the
   short-form application deadline (or is a wholly-owned subsidiary of an
   entity that has been providing such service for at least three years),
   it must:

   (A) Certify that the applicant has been providing mobile wireless voice
   and/or mobile wireless broadband service for at least three years prior
   to the short-form application deadline (or is a wholly-owned subsidiary
   of an entity that has been providing such service for at least three
   years),

   (B) Specify the number of years it (or its parent company, if it is a
   wholly-owned subsidiary) has been providing such service,

   (C) Certify that it (or its parent company, if it is a wholly-owned
   subsidiary) has submitted mobile wireless voice and/or mobile wireless
   broadband data as required on FCC Form 477 and/or in the Digital
   Opportunity Data Collection, as applicable, during that time period,

   (D) Provide each of the FCC Registration Numbers (FRNs) that the
   applicant or its parent company (and in the case of a holding company
   applicant, its operating companies) has used to submit mobile wireless
   voice and/or mobile wireless broadband data on FCC Form 477 and/or in
   the Digital Opportunity Data Collection, as applicable, during that
   time period.

   (iii) If the applicant has been providing mobile wireless voice and/or
   mobile wireless broadband service for fewer than three years prior to
   the application deadline (or is not a wholly-owned subsidiary of an
   entity that has been providing such service for at least three years),
   it must:

   (A) submit information concerning its operational history and a
   preliminary project description as prescribed by the Commission or the
   Office of Economics and Analytics and the Wireline Competition Bureau
   in a public notice;

   (B) submit a letter of interest from a qualified bank that meets the
   qualifications set forth in § 54.1016 stating that the bank would
   provide a letter of credit as described in section to the applicant if
   the applicant becomes a winning bidder for bids of a certain dollar
   magnitude, as well as the maximum dollar amount for which the bank
   would be willing to issue a letter of credit to the applicant; and

   (C) submit a statement that the bank would be willing to issue a letter
   of credit that is substantially in the same form as the Commission's
   model letter of credit.

   (5) Certify that it will be subject to a forfeiture pursuant to
   § 1.21004 in the event of an auction default; and

   (6) Certify that the party submitting the application is authorized to
   do so on behalf of the applicant.

   (b) Application by winning bidders for 5G Fund support—(1) Deadline.
   Unless otherwise provided by public notice, winning bidders for 5G Fund
   support shall file an application for 5G Fund support no later than ten
   (10) business days after the public notice identifying them as winning
   bidders.

   (2) Application contents. An application for 5G Fund support must
   contain:

   (i) Identification of the party seeking the support, including
   ownership information as set forth in § 1.2112(a) of this chapter;

   (ii) Updated information regarding the agreements, arrangements, or
   understandings related to 5G Fund support disclosed in the application
   to participate in competitive bidding for 5G Fund support. A winning
   bidder may also be required to disclose in its application for 5G Fund
   support the specific terms, conditions, and parties involved in any
   agreement into which it has entered and the agreement itself;

   (iii) Certification that the applicant is financially and technically
   capable of providing the required coverage and performance levels
   within the specified timeframe in the geographic areas in which it won
   support;

   (iv) Proof of the applicant's status as an eligible telecommunications
   carrier, or a statement that the applicant will become an eligible
   telecommunications carrier in any area for which it seeks support
   within 180 days of the public notice identifying them as winning
   bidders, and certification that the proof is accurate;

   (v) A description of the Commission licensed spectrum to which the
   applicant has exclusive access that the applicant plans to use to meet
   its public interest obligations and performance requirements in areas
   for which it is winning bidder for support, including whether the
   applicant currently holds a license for or leases the spectrum, along
   with any necessary renewal expectancy, the license applicable to the
   spectrum to be accessed, the type of service covered by the license,
   the particular frequency band(s), the call sign, and the total amount
   of bandwidth (in megahertz) to which the applicant has access under the
   license applicable to the spectrum to be accessed, and certification
   that the description is accurate, that the winning bidder has access to
   spectrum in each area for which it is applying for support, and that
   the applicant will retain such access for the entire ten (10) year 5G
   Fund support term;

   (vi) A detailed project description that describes the network to be
   built, identifies the proposed technology, demonstrates that the
   project is technically feasible, discloses the complete project budget,
   and discusses each specific phase of the project (e.g., network design,
   construction, deployment, and maintenance), as well as a complete
   project schedule, including timelines, milestones, and costs;

   (vii) Certifications that the applicant has available funds for all
   project costs that exceed the amount of support to be received from 5G
   Fund and that the applicant will comply with all program requirements,
   including the public interest obligations and performance requirements
   set forth in § 54.1015;

   (viii) Any guarantee of performance that the Commission may require by
   public notice or other proceedings, including but not limited to the
   letters of credit and opinion letter required in § 54.1016, or a written
   commitment from an acceptable bank, as defined in § 54.1016, to issue
   such a letter of credit;

   (ix) Certification that the applicant will offer services in supported
   areas at rates that are reasonably comparable to the rates the
   applicant charges in urban areas;

   (x) Certification that the party submitting the application is
   authorized to do so on behalf of the applicant; and

   (xi) Such additional information as the Commission may require.

   (3) Application processing. (i) No application will be considered
   unless it has been submitted in an acceptable form during the period
   specified by public notice. No applications submitted or demonstrations
   made at any other time shall be accepted or considered.

   (ii) Any application that, as of the submission deadline, either does
   not identify the applicant seeking support as specified in the public
   notice announcing application procedures, or does not include required
   certifications, shall be denied.

   (iii) An applicant may be afforded an opportunity to make minor
   modifications to amend its application or correct defects noted by the
   applicant, the Commission, the Administrator, or other parties. Minor
   modifications include correcting typographical errors in the
   application and supplying non-material information that was
   inadvertently omitted or was not available at the time the application
   was submitted.

   (iv) Applications to which major modifications are made after the
   deadline for submitting applications shall be denied. Major
   modifications include, but are not limited to, any changes in the
   ownership of the applicant that constitute an assignment or change of
   control, or the identity of the applicant, or the certifications
   required in the application.

   (v) After receipt and review of the applications, a public notice shall
   identify each winning bidder that may be authorized to receive 5G Fund
   support, after the winning bidder submits a Letter of Credit and an
   accompanying opinion letter from its outside legal counsel as required
   by § 54.1016, in a form acceptable to the Commission, and any final
   designation as an eligible telecommunications carrier that any
   applicant may still require. Each such winning bidder shall submit a
   Letter of Credit and an accompanying opinion letter from its outside
   legal counsel as required by § 54.1016, in a form acceptable to the
   Commission, and any required final designation as an eligible
   telecommunications carrier no later than ten (10) business days
   following the release of the public notice.

   (vi) After receipt of all necessary information, a public notice will
   identify each winning bidder that is authorized to receive 5G Fund
   support.

   Effective Date Note: At  85 FR 75822 , Nov. 25, 2020, § 54.1014 was
   revised, however, paragraphs (a) and (b)(2) have a delayed effective
   date.

   


Goto Section: 54.1013 | 54.1015

Goto Year: 2020 | 2022
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