§  54.1005   Application process.

   (a) Application to Participate in Competitive Bidding for Mobility Fund
   Phase I Support. In addition to providing 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
   Mobility Fund Phase I support also shall:

   (1) Provide ownership information as set forth in §  1.2112(a) of this
   chapter;

   (2) Certify that the applicant is financially and technically capable
   of meeting the public interest obligations of §  54.1006 in each area
   for which it seeks support;

   (3) Disclose its status as an Eligible Telecommunications Carrier in
   any area for which it will seek support or as a Tribal entity with a
   pending application to become an Eligible Telecommunications Carrier in
   any such area, and certify that the disclosure is accurate;

   (4) Describe the spectrum access that the applicant plans to use to
   meet obligations in areas for which it will bid for support, including
   whether the applicant currently holds a license for or leases the
   spectrum, and certify that the description is accurate and that the
   applicant will retain such access for at least five (5) years after the
   date on which it is authorized to receive support;

   (5) Certify that it will not bid on any areas in which it has made a
   public commitment to deploy 3G or better wireless service by December
   31, 2012; and

   (6) Make any applicable certifications required in §  54.1004.

   (b) Application by Winning Bidders for Mobility Fund Phase I Support.

   (1) Deadline. Unless otherwise provided by public notice, winning
   bidders for Mobility Fund Phase I support shall file an application for
   Mobility Fund Phase I support no later than 10 business days after the
   public notice identifying them as winning bidders.

   (2) Application Contents.

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

   (ii) Certification that the applicant is financially and technically
   capable of meeting the public interest obligations of §  54.1006 in the
   geographic areas for which it seeks support.

   (iii) Proof of the applicant's status as an Eligible Telecommunications
   Carrier or as a Tribal entity with a pending application to become an
   Eligible Telecommunications Carrier in any area for which it seeks
   support and certification that the proof is accurate.

   (iv) A description of the spectrum access that the applicant plans to
   use to meet obligations in areas for which it is the winning bidder for
   support, including whether the applicant currently holds a license for
   or leases the spectrum, and a certification that the description is
   accurate and that the applicant will retain such access for at least
   five (5) years after the date on which it is authorized to receive
   support.

   (v) A detailed project description that describes the network,
   identifies the proposed technology, demonstrates that the project is
   technically feasible, discloses the budget and describes each specific
   phase of the project, e.g., network design, construction, deployment,
   and maintenance. The applicant shall indicate whether the supported
   network will provide third generation (3G) mobile service within the
   period prescribed by §  54.1006(a) or fourth generation (4G) mobile
   service within the period prescribed by §  54.1006(b).

   (vi) Certifications that the applicant has available funds for all
   project costs that exceed the amount of support to be received from
   Mobility Fund Phase I and that the applicant will comply with all
   program requirements.

   (vii) Any guarantee of performance that the Commission may require by
   public notice or other proceedings, including but not limited to the
   letters of credit required in §  54.1007, or a written commitment from
   an acceptable bank, as defined in §  54.1007(a)(1), to issue such a
   letter of credit.

   (viii) Certification that the applicant will offer service in supported
   areas at rates that are within a reasonable range of rates for similar
   service plans offered by mobile wireless providers in urban areas for a
   period extending until five (5) years after the date on which it is
   authorized to receive support.

   (ix) Any applicable certifications and showings required in §  54.1004.

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

   (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 Mobility
   Fund Phase I support after the winning bidder submits a Letter of
   Credit and an accompanying opinion letter as required by §  54.1007, in
   a form acceptable to the Commission, and any final designation as an
   Eligible Telecommunications Carrier that any Tribally-owned or
   -controlled applicant may still require. Each such winning bidder shall
   submit a Letter of Credit and an accompanying opinion letter as
   required by §  54.1007, in a form acceptable to the Commission, and any
   required final designation as an Eligible Telecommunications Carrier no
   later than 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 Mobility
   Fund Phase I support.

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