Goto Section: 22.948 | 22.950 | Table of Contents
FCC 22.949
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 22.949 Unserved area licensing process.
This section sets forth the process for licensing unserved areas in cellular
markets on channel blocks for which the five year build-out period has
expired. This process has two phases: Phase I and Phase II. This section
also sets forth the Phase II process applicable to applications to serve the
Gulf of Mexico Coastal Zone.
(a) Phase I. Phase I is a one-time process that provides an opportunity for
eligible parties to file competing applications for authority to operate a
new cellular system in or to expand an existing cellular system into
unserved areas (Phase I initial applications) as soon as these areas become
available. In addition, each licensee whose Phase I initial application is
granted is afforded one opportunity during the Phase I process to file an
application proposing major modifications to the cellular system authorized
by that grant (a Phase I major modification application), without being
subject to competing applications.
(1) Phase I initial applications must be filed on the 31st day after the
expiration of the five year build-out period of the authorized system(s) on
the channel block requested in the market containing the unserved area.
(i) Each Phase I application must request authorization for one and only one
cellular geographic service area (CGSA) in one and only one cellular market.
(ii) Applicants must not file more than one Phase I initial application for
any cellular market.
(iii) Phase I initial applications must not propose any de minimis or
contract service area boundary (SAB) extensions.
(2) Only one Phase I initial application is granted on each channel block in
each market. Consequently, whenever two or more acceptable Phase I initial
applications are timely filed in the same market on the same channel block,
such Phase I initial applications are mutually exclusive, regardless of any
other considerations such as the technical proposals. In order to determine
which of such mutually exclusive Phase I initial applications to grant, the
Commission administers competitive bidding procedures in accordance with
subpart Q of part 1 of this chapter. After such procedures, the application
of the winning bidder may be granted and the applications excluded by that
grant may be dismissed without prejudice.
Note: Notwithstanding the provisions of Sec. 22.949(a)(2), mutually exclusive
Phase I initial applications that were filed between March 10, 1993 and July
25, 1993, inclusive, are to be included in a random selection process,
following which the selected application may be granted and the applications
excluded by that grant may be dismissed without prejudice.
(3) Phase I major modification applications (applications filed during Phase
I that propose major modifications to cellular systems authorized by the
grant of Phase I initial applications) must be filed no later than 90 days
after the grant of the Phase I initial application. Each Phase I licensee
may file only one Phase I major modification application. The FCC will not
accept any competing applications in response to a Phase I major
modification application. Phase I licensees may not sell to a third party
any rights to apply for unserved area.
(i) Phase I major modification applications may propose de minimis or
contract SAB extensions; provided that a contract SAB extension into an
adjacent market may be proposed only if, at the time the Phase I major
modification application is filed, the licensee in the adjacent market (on
the requested channel block) has the right to enter into such a contract
(see Sec. 22.912(c)).
(ii) Phase I major modification application may propose a CGSA that is not
contiguous with the authorized or proposed CGSA, provided that the
non-contiguous CGSA meets the minimum coverage requirement of Sec. 22.951.
(4) Phase I licensees may also file applications for or notifications of
minor modifications to its system. However, such minor modifications may not
reduce the size of the CGSA below the minimum coverage requirement of
Sec. 22.951.
(b) Phase II. Phase II is an on-going filing process that allows eligible
parties to apply for any unserved areas that may remain in a market after
the Phase I process is complete.
(1) If a Phase I initial application is granted for a market and channel
block, Phase II applications (applications for authority to operate a
cellular system in any remaining unserved area) for that market and channel
block may be filed on or after the 121st day after the Phase I application
was granted. If no Phase I initial applications are granted for a market and
channel block, Phase II applications for that market and channel block may
be filed on or after the 31st day after the FCC dismissed the last pending
Phase I application. If no Phase I initial applications are received for a
market and channel block, Phase II applications for that market and channel
block may be filed on or after the 32nd day after the expiration of the
relevant five-year build-out period.
(2) There is no limit to the number of Phase II applications that may be
granted on each channel block in each market. Consequently, Phase II
applications are mutually exclusive only if the proposed CGSAs would
overlap. Mutually exclusive applications are processed using the general
procedures in Sec. 22.131.
(3) Phase II applications may propose a CGSA covering more than one cellular
market. Each Phase II application must request authorization for one and
only one CGSA. Phase II applications may propose de minimis and contract SAB
extensions.
(c) Settlements among some, but not all, applicants with mutually exclusive
applications for unserved areas (partial settlements) are prohibited.
Settlements among all applicants with mutually exclusive applications (full
settlements) are allowed and must be filed no later than the date that the
FCC Form 175 (short-form) is filed.
(d) Limitations on amendments . Notwithstanding the provisions of Sec. 1.927 of
this chapter, Phase I applications are subject to the following additional
limitations in regard to the filing of amendments.
(1) The Commission will not accept amendments (of any type) to mutually
exclusive Phase I applications prior to the conclusion of the competitive
bidding process.
(2) The FCC will not accept major amendments to Phase I applications.
(3) Minor amendments required by Sec. 1.65 of this chapter must be filed no
later than thirty (30) days after public notice announcing the results of
the competitive bidding process.
[ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59956 , Nov. 21, 1994; 61 FR 58339 , Nov. 14, 1996; 67 FR 9610 , Mar. 4, 2002; 70 FR 61059 , Oct. 20, 2005]
Goto Section: 22.948 | 22.950
Goto Year: 2007 |
2009
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