§ 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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