Competitive Bidding Procedures

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Communications Commission 47 CFR Part 1 [WT Docket No. 97-82; FCC 02-34] AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: In this document the Commission declines to adopt a total assets test as part of its determination of small business eligibility in the context of spectrum auctions deciding that the potential benefit from such a test does not justify the difficulty of its use. Instead, the Commission will continue to rely on the gross revenues test already employed. The Commission adopts exceptions to the controlling interest standard's fully diluted requirements for “rights of first refusal” and “put” options. The two exceptions are consistent with the Commission's underlying goal of assuring that the decision of whether and when to transfer a license won by a designated entity rests with those in control of the designated entity. In addition, the Commission clarifies that mutually exclusive contingent ownership interests are to be considered fully diluted only in the possible combinations in which those interests can be exercised by their holder(s). This clarification offers a common sense approach to evaluating ownership interests that could not possibly be given simultaneous or successive effect. DATES: Effective May 8, 2002. FOR FURTHER INFORMATION CONTACT: Audrey Bashkin of the Auctions and Industry Analysis Division at (202) 418-0660. SUPPLEMENTARY INFORMATION: This is a summary of an Eighth Report and Order in…