FCC Adopts Updated Competitive Bidding and Designated Entity Rules
In the July Open Meeting, the FCC adopted a Report and Order; Order on Reconsideration of the First Report and Order; Third Order on Reconsideration of the Second Report and Order; and Third Report and Order updating the Commission’s Competitive Bidding and Designated Entity Rules.
In the Report and Order, the FCC updated its Part 1 Competitive Bidding rules by modifying the DE eligibility requirements for small businesses; establishing a new bidding credit for rural service providers; implementing caps on the amount of bidding credits available for small businesses and rural service providers; modifying the attribution rules; retaining and clarifying DE reporting requirements; revising the former defaulter rule; and prohibiting certain joint bidding arrangements.
In the Order on Reconsideration of the First Report and Order in WT Docket No. 05-211, the FCC denied petitions for reconsideration of its 2006 decision adopting amendments to the consortium exception to the attribution requirements of the rules.
In the Third Order on Reconsideration of the Second Report and Order in WT Docket No. 05-211, the FCC resolved two remaining petitions for reconsideration of the 2006 decision (specifically, dismissing one petition because the issues raised either were resolved by the Third Circuit’s Council Tree decision or have been rendered moot, and clarifying that it does not evaluate DE eligibility for benefits when a DE is a transferor or assignor in a secondary market transaction).
Lastly, in the Third Report and Order in WT Docket No. 05-211, the FCC declined to adopt any of the proposals on which comments were sought in the 2006 Second Further Notice of Proposed Rulemaking, and terminated that proceeding.
The new rules will become effective 60 days after publication in the Federal Register, except for those rules subject to approval by the Office of Management and Budget under the Paperwork Reduction Act.
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