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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  03-  2575 
 August  1,  2003 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  EXTENDS  TRIBAL  LANDS  BIDDING  CREDIT  CERTIFICATION  DEADLINE  FOR  CERTAIN  APPLICANTS. 


 On  March  14,  2003,  the  Commission  issued  a  Second  Report  and  Order  and  Second  Further  Notice  of  Proposed  Rulemaking  in  WT  Docket  No.  99-  266  1  in  which  it  extended,  from  90  days  to  180 
 days,  the  period  in  which  applicants  seeking  tribal  lands  bidding  credits  must  file  certain  certifications.  2  In  extending  the  certification  deadline  to  180  days,  the  Commission  concluded  that  the  90-  day  time  frame 
 made  it  difficult  for  applicants  to  qualify  for  the  bidding  credit.  3  That  rule  change  became  effective  on  July  1,  2003. 


 There  are,  however,  certain  applicants  that  filed  their  FCC  Form  601  applications  prior  to  July  1,  2003,  but  whose  initial  90-  day  certification  period  has  not  yet  elapsed  (specifically,  the  winning  bidders 
 in  Auction  Numbers  46,  48  and  49  that  indicated  an  intent  to  seek  a  tribal  lands  bidding  credit  on  their  FCC  Forms  601).  We  conclude  that  it  is  in  the  public  interest  to  grant  a  limited  waiver  of  the  90-  day 
 deadline  for  such  applicants  in  light  of  the  Commission’s  determination  that  90  days  may  not  be  a  sufficient  period  of  time  in  which  to  obtain  certifications.  Accordingly,  we  extend  to  180  days,  the 
 certification  deadline  for  those  applicants  that  filed  prior  to  July  1,  2003,  and  that  are  currently  still  within  their  initial  90-  day  certification  period.  4 


 For  further  information,  contact  Denise  Walter,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau,  at  202-  418-  0620  or  denise.  walter@  fcc.  gov. 


 1  Extending  Wireless  Telecommunications  Services  to  Tribal  Lands,  WT  Docket  No.  99-  266,  Second  Report  and 
 Order  and  Second  Further  Notice  of  Proposed  Rulemaking,  18  FCC  Rcd  4775  (2003)  (Second  Report  and  Order). 
 2  Following  the  filing  of  its  long-  form  application  (FCC  Form  601)  filing  deadline,  an  applicant  seeking  a  tribal 
 lands  bidding  credit  must  provide  certification  from  the  tribal  government(  s)  that:  (1)  it  will  allow  the  bidder  to  site  facilities  and  provide  service  on  its  tribal  land(  s),  in  accordance  with  our  rules;  (2)  it  has  not  and  will  not  enter  into 


 an  exclusive  contract  with  the  applicant  precluding  entry  by  other  carriers,  and  will  not  unreasonably  discriminate  against  any  carrier;  and  (3)  its  tribal  land  is  a  qualifying  tribal  land  as  defined  in  our  rules,  i.  e.,  an  area  that  has  a 
 telephone  penetration  rate  at  or  below  70  percent.  The  applicant  must  also  file  a  certification  that  it  will  comply  with  the  bidding  credit  build-  out  requirement,  and  that  it  will  consult  with  the  tribal  government  regarding  the  siting 
 of  facilities  and  deployment  of  service  on  the  tribal  land.  See  47  C.  F.  R.  §  1.2110(  f)(  3). 
 3  See  Second  Report  and  Order,  18  FCC  Rcd  at  4779,  para.  10. 


 4  Certain  waiver  requests  regarding  the  tribal  lands  bidding  credit  are  currently  pending.  This  action  does  not  affect 
 the  merits  of  such  waiver  requests. 
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 Action  by  the  Deputy  Chief,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau. 
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