121. Eligibility. For the AWS-3 band, we propose to adopt an open eligibility standard and seek comment on this approach. In particular, we seek comment on whether adopting an open eligibility standard for the licensing of the AWS-3 band would encourage efforts to develop new technologies, products, and services, while helping to ensure efficient use of this spectrum. We note that an open eligibility approach would not affect citizenship, character, or other generally applicable qualifications that may apply under our rules. Additionally, section 6004 of the Spectrum Act restricts participation in auctions required under the Spectrum Act, which will include most of the AWS-3 band, by "person[s] who [have] been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant." In the Incentive Auctions NPRM and in the H Block NPRM, the Commission sought comment on whether section 6004 permits or requires the Commission to restrict eligibility of persons acquiring licenses on the secondary market, whether and to what extent such a restriction is consistent with other provisions of the Communications Act, and what procedures and rules, if any, should apply to persons acquiring licenses on the secondary market. Recently, in the H Block R&O, the Commission adopted an eligibility rule providing that "[a] person described in 47 U.S.C. 1404(c) is ineligible to hold a license that is required by 47
122. Mobile Spectrum Holding Policies. We seek comment generally on whether and how to address any mobile spectrum holdings issues involving AWS-3 spectrum in order to meet our statutory requirements and our goals for the AWS-3 band. Section 309(j)(3)(B) of the Communications Act provides that, in designing systems of competitive bidding, the Commission shall "promot[e] economic opportunity and competition and ensur[e] that new and innovative technologies are readily accessible to the American people by avoiding excessive concentration of licenses." More recently, section 6404 of the Spectrum Act recognizes the Commission's authority "to adopt and enforce rules of general applicability, including rules concerning spectrum aggregation that promote competition." In September, 2012, we initiated a proceeding to revisit the mobile spectrum holdings policies that apply to both transactions and auctions, including which spectrum bands are relevant to our competitive analysis. The Commission also has sought comment on some mobile spectrum holdings issues with respect to particular spectrum bands in service rulemakings.
123. We seek comment on whether the acquisition of each of the various bands identified in this proceeding for potential AWS-3 spectrum should be subject to the same general mobile spectrum holding policies applicable to frequency bands that the Commission has found to be suitable and available for mobile telephony/broadband services. Alternatively, depending on the specific service rules and requirements that will apply to AWS-3 spectrum, should we distinguish AWS-3 spectrum for purposes of evaluating mobile spectrum holdings? Commenters should discuss and quantify any costs and benefits associated with any proposals on the applicability of spectrum holdings policies to AWS-3 spectrum.
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