§ 54.1003   Provider eligibility.

   (a)  Except as provided in § 54.1004, an applicant shall be an Eligible
   Telecommunications Carrier in an area in order to receive Mobility Fund
   Phase I support for that area. The applicant's designation as an Eligible
   Telecommunications Carrier may be conditional subject to the receipt of
   Mobility Fund support.

   (b) An applicant shall have access to spectrum in an area that enables it to
   satisfy the applicable performance requirements in order to receive Mobility
   Fund Phase I support for that area. The applicant shall certify, in a form
   acceptable to the Commission, that it has received any Commission approvals
   necessary  for  such  access  at the time it applies to participate in
   competitive bidding and at the time that it applies for support and that it
   will retain such access for five (5) years after the date on which it is
   authorized to receive support. Pending requests for such approvals are not
   sufficient to satisfy this requirement.

   (c)  An applicant shall certify that it is financially and technically
   qualified to provide the services supported by Mobility Fund Phase I in
   order to receive such support.

   [ 76 FR 73877 , Nov. 29, 2011, as amended at  77 FR 14303 , Mar. 9, 2012]

   Effective Date Note: At  77 FR 14303 , Mar. 9, 2012, § 54.1003, paragraph (b)
   was  revised.  This  paragraph  contains information and recordkeeping
   requirements and will not become effective until approval has been given by
   the Office of Management and Budget.

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