FCC Web Documents citing 1.1305
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- 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. 101, 104. See 47 C.F.R. 1.1301; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986) (Order Amending Environmental Rules). 47 C.F.R. 1.1305. (Aug. 1999). See 47 C.F.R. 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration as part of the decision-making process, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will
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- as defined by 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. 101, 104. 47 C.F.R. 1.1301 et seq; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986). 47 C.F.R. 1.1305. The Commission has identified no common fact pattern which would enable it to specify actions that automatically require an EIS. Id. 47 C.F.R. 1.1307(a)(1)-(8), (b). Section 1.1307(a) provides that Commission action with respect to the following types of facilities may significantly affect the environment and therefore require an EA: (1) facilities that are to be located in an officially
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- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd. 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. See e.g. Small Business in Telecommunications, Inc. v Federal Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29, 1999). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at 142. See also 47 C.F.R. 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at
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- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The licensee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 39 GHz facility is a federal action and the licensee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the licensee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The licensee must prepare environmental assessments for facilities that may have
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- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permittee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast antenna facility is a federal action and the permittee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permittee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permittee must prepare environmental assessments for facilities that may have
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- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd. 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. See e.g. Small Business in Telecommunications, Inc. v Federal Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29, 1999). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at 142. See also 47 C.F.R. 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at
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- and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, 13 FCC Rcd 24,540, 24,545 (1998). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii). 47 C.F.R. 24.709(a). See 47 C.F.R. 24.709(b)(9)(i); see also C/F Block Sixth Report and
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- bands must comply with the relevant provisions for control stations in Section 90.309 of our Rules. Freespace filed a Petition For Review of the 700 MHz Second Report and Order; FreeSpace Communications, L.L.C. v. FCC, Case No. 00-1164 (D.C.Cir. filed April 18, 2000). Counsel for FreeSpace has advised that a ``Notice of Dismissal'' will be filed today. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i) & (ii). See 47 C.F.R 27.502. For further guidance on the issue of control,
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- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permitee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 700 MHz facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for facilities that may have
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- also call the FCC Consumer Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The licensee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 700 MHz facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for facilities that may have
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- may also call the FCC Consumer Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permittee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast facility is a federal action and the permittee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permittee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permittee must prepare environmental assessments for broadcast facilities that may
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- the United States and Canada or Mexico may be found on the Commission's website under http://www.fcc.gov/ib/pnd/agree/welcome.html. See Public Notice, ``Canadian Interim Sharing Arrangement for Narrowband PCS,'' DA 94-1183 (rel. Oct. 21, 1994) (Canadian Interim Sharing Arrangement Public Notice). See footnotes nos. 11 and 13. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii). See Narrowband Second Report and Order and Second Further Notice of Proposed Rule Making at
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- complies with the Commission's Rules. The Commission will require individual licenses for any master station that (i) requires the submission of an environmental assessment under Section 1.1307; (ii) requires international coordination; or (iii) would affect the radio frequency quiet zones described in Section 1.924. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). See 47 C.F.R. 1.2105(a)(2)(ix). See Section I.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii).
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- County Objection. See letter from G. Edward Ryan, II, Assistant Director, Wireless Communications, Maryland Department of Budget and Management, to Ms. Magalie Salas, Office of the Secretary, Commission, dated July 13, 2001 (``Maryland DBM Opposition''). 47 C.F.R. 1.1308. Id. If a Commission action will have a significant environmental impact, an Environmental Impact Statement must be prepared. 47 C.F.R. 1.1305. Bright Supplemental Petition at 2; Bright Petition at 3. Bright Supplemental Petition at 8. Id. at 2. See 36 C.F.R. 800.4, 800.5. See Maryland SHPO January 8, 2001 letter (identifying the Church Road-Sylvan Lane District as an eligible district and concluding the project would have an adverse effect on this site); Memorandum of Agreement at 1 (concluding that sites
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- A and Block B licenses in the same markets was disqualified from having winning bids in both blocks and subsequently withdrew its application, thereby being subject to default payments with respect to its winning bids for those licenses). See 47 C.F.R. 1.923(g), 1.924. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). See 47 C.F.R. 1.2105(a)(2)(ix). See Section I.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii).
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- ) (``Class A Report and Order''). Id. at 37-38. ``See Digital Television Broadcast Service; Substitution of DTV Channel 47 for Assigned DTV Channel 52 in Charleston, South Carolina; MM Docket No. 01-128, Notice of Proposed Rulemaking, DA 01-1465 (rel. June 25, 2001).'' See Comments and Request for Clarification of WCSC, Inc. See 47 C.F.R. 1.2105. See 47 C.F.R. 1.1305-1.1319. See Auction No. 82 Comment Public Notice at 11. See Auction Filing Window For New Analog Television Stations for Auction No. 82, Public Notice, DA 01-1300 (rel. May 25, 2001) (``Auction Filing Window Public Notice''). See 47 C.F.R. 1.2105. See also Two Way Radio of Carolina, Inc., Memorandum, Opinion and Order, 14 FCC Rcd 12035 (1999). See Amendment of
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- the auction for both the Block A and Block B licenses in the same markets was disqualified from having winning bids in both blocks and subsequently withdrew its application, thereby being subject to default payments with respect to its winning bids for those licenses). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Progeny Reply Comments at 5. Id. 47 C.F.R. 1.2105, 1.2112. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Part 1 Fifth Report and Order, 15 FCC Rcd at 15293, Appendix A. 47
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- Inc., filed on July 22, 2002; Petition for Reconsideration of the American Society for Health Care Engineering of the American Hospital Association, filed on July 22, 2002. Electronic copies of these petitions are available through the Commission's Electronic Comment Filing System website at http://gullfoss2.fcc.gov/prod/ecfs/comsrch_v2.cgi. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. An ascending multiple round auction is the same as a simultaneous multiple round auction, but with only one license available for bid. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and
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- MX Group AM 38 filed by Alvin Lou Media, Inc. on September 16, 2002, and Victor A. Michael on September 19, 2002; Application for Review pertaining to MX Group AM 20 filed by Robert E. Combs on October 7, 2002. 47 C.F.R. 1.2105. See Part 1, Subpart I of Title 47 of the Code of Federal Regulations. 47 C.F.R. 1.1305-1.1319. Auction No. 32 Comment Public Notice at 8. Adoption of a Mandatory FCC Registration Number, MD Docket No. 00-205, Report and Order, 16 FCC Rcd 16138 (2001). Auction Filing Window Public Notice at Attachment A. 47 C.F.R. 1.2105(b)(2), 73.5007, 73.5008. See also Broadcast First Report and Order, 13 FCC Rcd at 15976-77. Amendment of Part 1 of the Commission's
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- The Commission amended Section 1.2105 to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. 1.2105(a)(2)(ix). See Section I.B.2 ``Prohibition of Collusion,'' supra. See 47 C.F.R. 1.2105(c)(4)(i),
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- the 929-930 MHz and 931-932 MHz Bands for Paging Services along the Common Border'' with Mexico for paging services using 929-932 MHz spectrum within 120 kilometers (75 miles) of the common border; see also 47 C.F.R. 22.531(e). See 47 C.F.R. 1.923(g), 1.924. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. 1.2105(a)(2)(ix). See Section I.B.2 ``Prohibition of Collusion,'' supra. See 47 C.F.R. 1.2105(c)(4)(i),
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- applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. Cellular RSA Report and Order at 37-38. 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. 1.2105(a)(2)(ix). See Section I.B.2 ``Prohibition of Collusion,'' supra. See 47 C.F.R. 1.2105(c)(4)(i),
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- administration in evaluating the acceptability of proposed DTV facilities. Agreements affecting the use of this band between the United States, Canada and Mexico may be referenced on the internet at http://www.fcc.gov/ib/pnd/agree/. See 47 C.F.R. 27.60; See also Section I.B.3 of this Public Notice. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Although the Bureau did not seek comment on the issue, several commenters stated their opposition to any delay of Auction No. 44. See Reply Comments of the Rural 700 MHz Group at 1-2; Reply Comments of RTG at 1-2; Reply Comments of TCA at 4-5, Reply Comments of Norwell at 1-2; see also Reply Comments of Paxson at 6 where
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- use of this band between the United States, Canada and Mexico may be referenced on the Internet at http://www.fcc.gov/ib/pnd/agree/. See id. at 141. See also 47 C.F.R. 27.60; See also Section I.B.3 of this Public Notice. See 47 C.F.R. 27.60, 90.309. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Although the Bureau did not seek comment on the issue, several commenters stated their opposition to any delay of Auction No. 31. See, e.g., Comments of Paxson, passim. US Cellular favored postponement of Auction No. 31 to permit development of band clearing agreements. See Comments of US Cellular at 3-4. In its Auction No. 44 filing, Leap Wireless suggests that
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- use of this band between the United States, Canada and Mexico may be referenced on the Internet at http://www.fcc.gov/ib/pnd/agree/. See id. at 141. See also 47 C.F.R. 27.60; See also Section I.B.3 of this Public Notice. See 47 C.F.R. 27.60, 90.309. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Although the Bureau did not seek comment on the issue, several commenters stated their opposition to any delay of Auction No. 31. See, e.g., Comments of Paxson, passim. US Cellular favored postponement of Auction No. 31 to permit development of band clearing agreements. See Comments of US Cellular at 3-4. In its Auction No. 44 filing, Leap Wireless suggests that
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- 1501 (1999), codified at 47 U.S.C. 336(f). See Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355 (2000) (``Class A Report and Order''). Id. at 37-38. See 47 C.F.R. 1.2105. See Part 1, Subpart I of Title 47 of the Code of Federal Regulations. See 47 C.F.R. 1.1305-1.1319. Section 73.5002 of the Commission's rules specifies the bidding procedures, certification requirements and the anti-collusion rules applicable to mutually exclusive applications for commercial broadcast services subject to auction. Subsection (b) of that rule requires the timely submission of short-form applications, along with all required certifications, information and exhibits pursuant to the provisions of 47 C.F.R. 1.2105 (a). Section 1.2105,
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- may require an EA, either on its own motion or in response to a petition, where it determines that an action not within one of the specified categories may have a significant environmental impact. See 47 C.F.R. 1.1307(c), (d). Id. If a Commission action will have a significant environmental impact, an Environmental Impact Statement must be prepared. 47 C.F.R. 1.1305. See 47 C.F.R. 1.1307(a)(4). See letter from Robert M. Gurss to Marlene H. Dortch, FCC Secretary, dated February 3, 2003. See Memorandum of Agreement p. 2. See 47 C.F.R. 1.1308(d). (continued....) Federal Communications Commission DA 03-1779 Federal Communications Commission DA 03-1779 r v w `` '' @ `gd"x h"x h"x h"x h"x h"x @& k
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- to require auction applicants to report prohibited communications in writing to the Commission immediately, but in no case later than five business days after the communication occurs. Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. . See supra notes 8 and 10. 47 C.F.R. 1.2105. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. 1.2105(a)(2)(ix). , above. 47 C.F.R. 1.2105(c)(4)(i), (ii). See 47 C.F.R. 1.2110(f),
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- 101.105 (Interference protection criteria), 47 C.F.R. 101.1421 (Coordination of adjacent area MVDDS stations and incumbent public safety POFS stations), and 47 C.F.R. 101.1440 (MVDDS protection of DBS). 47 C.F.R. 101.147(p), 101.1423, and 1.928(f)(1) and (2). 47 C.F.R. 101.105 and 1.924. See supra note 1. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on Reconsideration of the Part 1 Fifth Report and Order, FCC 03-98 (rel. May 8, 2003). 47 C.F.R.
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- Clarifies Spectrum Auction Anti-Collusion Rules, Public Notice, 11 FCC Rcd 9645 (1995). 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555, 17. 47 C.F.R. 1.2107(d). See 47 C.F.R. 1.2109(d). Id. See 47 C.F.R. 90.667(a). . 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd 10180 (2003). 47 C.F.R.
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- the United States and Canada or Mexico may be found on the Commission's website under http://www.fcc.gov/ib/pnd/agree/welcome.html. See Public Notice, ``Canadian Interim Sharing Arrangement for Narrowband PCS,'' DA 94-1183 (rel. Oct. 21, 1994) (Canadian Interim Sharing Arrangement Public Notice). See supra notes 9 and 11. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. 1.2105(a)(2)(ix) See Section I.B.2 ``Prohibition of Collusion'', supra. See 47 C.F.R. 1.2105(c)(4)(i),
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- be used by each administration in evaluating the acceptability of proposed DTV facilities. Agreements affecting the use of this band between the United States, Canada and Mexico may be referenced on the internet at http://www.fcc.gov/ib/pnd/agree/. 47 C.F.R. 27.60; see also Section I.B.3 of this Public Notice. 47 C.F.R. 1.2105. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Banks First Comments at 1-3; see also Banks Second Comments at 3-5, 6. Id. (quoting Auction Reform Act of 2002, Pub. L. No. 107-195, 116 Stat. 715 (2002), codified as amended at 47 U.S.C. 309(j)(15)). Banks First Comments at 2-3. Banks Second Comments at 6. Qualcomm First Comments at 1-3; see also C&S Reply Comments at 1-3; Qualcomm First
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- facilities. Any facilities that are determined not to be properly constructed and operational will be deleted from the licensing database. The Bureau intends to complete this review prior to the commencement of Auction No. 57, but does not guarantee that this review will be completed by the commencement of this auction. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 57 Comment Public Notice, DA 04-954. Mobex Comments at 1-3. Mobex Comments at 2, 4-5. Mobex Reply Comments at 2. PSI agrees with Mobex regarding the need for a four month delay, asserting that more time is necessary to conduct due diligence. PSI Comments at 1-2. Havens opposes a delay if `due diligence' searches are the reason for
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- Channel 250C2 for vacant Channel 259C1 at Green River, Wyoming, FM 348; and Channel 258A for vacant Channel 259A at Saratoga, Wyoming, FM 357 (effective date is July 27, 2004). Attachment A to this Public Notice reflects the new channel substitutions and reference coordinate changes. See 47 C.F.R. 1.2105. 47 C.F.R. Chapter 1, Part 1, Subpart I. Id. 1.1305-1.1319. Hodson Comments at 6-7. Id. at 7. Van Zandt Comments at 1-2. 47 C.F.R. 73.3555(a). Moreover, petitions for reconsideration of a final action in a notice and comment rulemaking proceeding must be filed within 30 days from the date of public notice of such action. See 47 C.F.R. 1.429(a), (d). As discussed generally in the NCE Second Report
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- Bureau shall require an EA, either on its own motion or in response to a petition, where it determines that an action not within one of the specified categories may have a significant environmental impact. See 47 C.F.R. 1.1307(c), (d). Id. If an action will have a significant environmental impact, an Environmental Impact Statement must be prepared. 47 C.F.R. 1.1305. See HFC Petition at 1-5; Club Petition at 1-2. HFC Petition at 33; HFC Reply at 10. Because we reject the petitions on the merits, it is not necessary to determine whether each one of the parties demonstrates standing to challenge the EA. See Friends of the Earth, Memorandum Opinion and Order, 18 FCC Rcd. 23622 (2003). 36 C.F.R.
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- Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, Second Report and Order, 12 FCC Rcd. 2705 (1997); Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd. 8825 (1996). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd. 10,180 (2003). 47 C.F.R.
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- as the licensee complies with the Commission's Rules. The Commission, however, will require prior approval of individual licenses for any master station that (i) requires the submission of an environmental assessment under Section 1.1307; (ii) requires international coordination; or (iii) would affect the radio frequency quiet zones described in Section 1.924. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 59 Comment Public Notice, DA 04-3198. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. 47 C.F.R. 1.2105(a)(2)(viii), (c)(1). 47 C.F.R. 1.2105(a)(2)(ix). See supra Section I.B.2. 47 C.F.R. 1.2105(c)(4)(i), (ii). 47 C.F.R. 1.2110(f). MAS Report and Order, 15 FCC Rcd
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- are not continuous across the nation. Also, they aggregate minor civil divisions (towns and cities) as opposed to county-equivalents in New England. Cite: Standard Metropolitan Statistical Areas defined by Office of Management and Budget, June 30, 1981. 47 C.F.R. 101.509(c). . Report and Order, 15 FCC Rcd 16934, 16963-64, 16987. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105 requires the disclosure on the short-form of the applicant's ownership information as set forth in 47 C.F.R. 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See also Order on Reconsideration of the Part 1 Fifth Report and Order, 18 FCC Rcd 10180 (2003). 47 C.F.R.
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- the Commission's denial of a petition for reconsideration in Amendment of the Commission's Rules Concerning Maritime Communications, Third Memorandum Opinion and Order, PR Docket No. 92-257, 18 FCC Rcd 24,391 (2003)), motion to dismiss granted April 22, 2004. This list is not intended to be exhaustive of potentially relevant judicial proceedings. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 61 Comment Public Notice, DA 05-194. Commenting Parties at 3 (notes omitted). Id., at 4-6; see also Motions for Stay of Auction No. 57 and Requests for Dismissal or Disqualification, Petition for Reconsideration of PSI (filed October 14, 2004). Commenting Parties at 6-8. See Motions for Stay of Auction No. 57 and Requests for Dismissal or Disqualification, Order,
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- Frequency Band A, Memorandum Opinion and Order, 13 FCC Rcd 11973, 11977 (Wireless Telecom. Bur. 1998). Id., 13 FCC Rcd at 11978. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Seventh Report and Order, 16 FCC Rcd at 17555. . See, e.g., 47 C.F.R. 74.703, 74.709 and 90.303. 47 C.F.R. Part 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 81 Comment Public Notice. See infra Section II. E. See 47 C.F.R. 1.2105. 47 C.F.R. 1.65. See 47 C.F.R. 1.2105(b)(2). Auction No. 81 Comment Public Notice. See also Auction No. 81 FRN Public Notice. 47 C.F.R. 1.2105(a)(2)(x) and (xi); Fifth Report and Order, 15 FCC Rcd at 15317 42 and n.142. 47 C.F.R.
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- Rcd 25880, 25881 4 (WTB 1993) (Section 309(j)(3)(E)(ii)'s to provide prospective bidders with time to develop a business plan and evaluate the availability of equipment does not require the Commission to postpone an auction until every external factor that might influence a bidder's business plan is resolved with absolute certainty). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 62 Comment Public Notice at 1. . Hodson Comments at 8-9. Id. at 9. Funk Comments at 1. See, e.g., Broadband PCS Spectrum Auction Scheduled for January 12, 2005, Notice and Filing Requirements, Minimum Opening Bids, Upfront Payment and Other Procedures for Auction No. 58, Public Notice, 19 FCC Rcd. 18190, 18204 (2004). Broadband PCS Spectrum Auction Scheduled
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- 101.1423, and 1.928(f)(1) and (2). See 47 C.F.R. 101.105 and 1.924. See id. See supra note 1. Public Safety incumbents in the 12.2 - 12.7 GHz band can be identified by searching on the radio service code ``MW'' and limiting the search by upper and lower frequency band. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 63 Comment Public Notice, DA 05-1555. . See 47 C.F.R. 1.2105. See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2376 163 (1994) (Competitive Bidding Second Report and Order). See 47 C.F.R. 1.2105. See id. 47 C.F.R. 101.1412(g)(2). Second
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- 106-113, 113 Stat. Appendix I at 1501A-594 - 598 (1999), codified at 47 U.S.C. 336(f). Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355 (2000). See discussion of requirements to protect qualified Class A television stations Section I.A.2., supra . . 47 C.F.R. Part 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 64 Comment Public Notice. See 47 C.F.R. 1.2105. See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 163. See 47 C.F.R. 1.2105. See id. As discussed generally in Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Noncommercial Educational Second Report and Order, 18 FCC Rcd 6691 (2003)("NCE Second Report and Order"),
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- methodology for Auction No. 60 will be simultaneous multiple round bidding. The Commission will conduct this auction over the Internet using the FCC's Integrated Spectrum Auction system ("ISAS" or "FCC Auction System"), and telephonic bidding will be available as well. Qualified bidders are permitted to bid telephonically or electronically. 45 47 C.F.R. Ch. 1, Subpart I. 46 47 C.F.R. 1.1305-1.1319. 47 Auction No. 60 Comment Public Notice, DA 05-171. 10 4. Pre-Auction Dates and Deadlines ISAS Orientation Sessions48.......................................................................March 31, 2005 and April 21, 2005 Auction Seminar.........................................................................................May 24, 2005 Short-Form Application (FCC Form 175) Filing Window Opens..............May 24, 2005; 12:00 p.m. ET Short-Form Application (FCC Form 175) Filing Window Deadline.........June 3, 2005; 6:00 p.m. ET Upfront Payments (via wire transfer).........................................................June 30,
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- 1.2107(d). See 47 C.F.R. 73.202. See, e.g., Charlotte Amalie, Frederiksted, and Christiansted, U.S. Virgin Islands, Memorandum Opinion & Order, 19 FCC Rcd 30 (MB 2004); Cheyenne, Wyoming and Gering, Nebraska, Memorandum Opinion & Order, 15 FCC Rcd 7528 (MMB 2000); Circleville, Ohio, Memorandum Opinion & Order, 9 F.C.C.2d 159 (1967). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. See 47 C.F.R. Part 1, Appendix C. Auction No. 68 Comment Public Notice at 1. See infra Section IV.A.1. ``Simultaneous Multiple Round Auction.'' . See 47 C.F.R. 1.2105. See id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 163. See infra Section III.D. ``Upfront Payments - Due December 11, 2006.'' See 47 C.F.R. 1.2107,
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- Information Administration, US Department of Commerce, to Kevin J. Martin, Chairman, Federal Communications Commission (Dec. 27, 2005). . See 47 C.F.R. 1.924. See id. See ``FCC Seeks Comment on Recommendations Approved by the Advisory Committee for the 2007 World Radiocommunication Conference,'' Public Notice, 21 FCC Rcd 4859 (2006). See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. See 47 C.F.R. Part 1, Appendix C. Auction No. 69 Comment Public Notice, 21 FCC Rcd at 9494. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' infra. . See 47 C.F.R. 1.2105. See id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 163. See Section III.D. ``Upfront Payments - Due January 12, 2007,'' infra. See 47
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- Westcliffe and Wheat Ridge, Colorado, Memorandum Opinion and Order, 19 FCC Rcd 15317 (MB 2004). See Monument, Oregon; Prairie City, Prinville, and Sisters, Oregon and Weiser, Idaho; The Dalles, Tualatin, Eugene, Albany, Lebanon, Paisley, and Diamond Lake, Oregon and Goldendale, Washington, Report and Order, DA 06-1759 (MB rel. Sept. 5, 2006). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. See 47 C.F.R. Part 1, Appendix C. Auction No. 70 Comment Public Notice at 1. See infra Section IV.A.1. ``Simultaneous Multiple Round Auction.'' . See 47 C.F.R. 1.2105. See id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 163. See infra Section III.D. ``Upfront Payments - Due February 5, 2007.'' See 47 C.F.R. 1.2107,
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- ``Protocol Concerning the Use of the 849-851 and 894-896 MHz Bands for Public Air-To-Ground Radio Service,'' signed June 16, 1994, by the Government of the United States and the Government of Mexico, Article IV. See 47 C.F.R. 1.924. See id. See Air-Ground Order, 20 FCC Rcd at 4422-23 34. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. Auction No. 65 Comment Public Notice at 1. . See 47 C.F.R. 1.2105. See id.; Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 163. See infra Section III.D. ``Upfront Payments - Due April 17, 2006.'' See 47 C.F.R. 1.2107. See 47 C.F.R. 1.2105(a)(2)(v). Air-Ground Reconsideration Order and R&O at 28-42; 47 C.F.R.
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- may require an environmental assessment, either on its own motion or in response to a petition, where it determines that an action not within one of the specified categories may have a significant environmental impact. See id. 1.1307(c), (d). Id. If a Commission action will have a significant environmental impact, an Environmental Impact Statement must be prepared. Id. 1.1305. Opposition at 6, 8; Environmental Assessment at 3.6, Appendix IV. Opposition at 6; Environmental Assessment at 3.6. Opposition at 7- 8. See 47 C.F.R. 1.1307(a)(4). Id. 1.1307(a)(7). See letter from Marta Matthews, Review and Compliance Coordinator, State Historic Preservation Office, to David Jermakian, President, Dynamic Environmental Associates, Inc. (August 6, 2004); Letter from Richard Sidebottom, Review
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- 1.2107(d), and 1.2109(d). See e.g., 47 C.F.R. 73.606. See 47 C.F.R. 73.622. Pub.L.No. 106-113, 113 Stat. Appendix I at 1501A-594 - 598 (1999), codified at 47 U.S.C. 336(f). Establishment of a Class A Television Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355 (2000). . 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. 1.2105(a). 47 C.F.R. 73.5002(a). See 47 C.F.R. 73.3571(h)(3). See 47 C.F.R. 73.5006(b); see also 47 C.F.R. 1.2105(c). See 47 C.F.R. 73.3572. In determining mutual exclusivity among the applications, the staff will apply 47 C.F.R. 73.612, 73.613, 73.622, 73.623, 73.625, 73.699, 73.6010, 74.703, 74.705, 74.706, 74.707, 74.708, 74.710, 74.792, 74.793, and 74.
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- a Plan for Sharing the Costs of Microwave Relocation, Second Report and Order, 12 FCC Rcd 2705 (1997); Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, First Report and Order and Further Notice of Proposed Rule Making, 11 FCC Rcd 8825 (1996). See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. See 47 C.F.R. Part 1, Appendix C. See Auction No. 71 Comment Public Notice at 1. See Section IV.A.1. ``Simultaneous Multiple Round Auction,'' below. . See 47 C.F.R. 1.2105. See id.; see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2376 163. See Section III.D. ``Upfront Payments - Due April 20, 2007,'' below. See 47
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- 47 C.F.R. 1.2109(d); see also Competitive Bidding Second Report and Order, 9 FCC Rcd at 2388 226. 47 C.F.R. 1.65. 47 C.F.R. 1.2105(c)(6); see also Part 1 Seventh Report and Order, 16 FCC Rcd at 17555 17. 47 C.F.R. 1.2107(d). 47 C.F.R. 1.924. Id. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. 47 C.F.R. Part 1, Appendix C. Auction No. 72 Comment Public Notice, at 1. Skybridge Comments at 5 (proposing to extend dates for this auction by 12 months but at least by six months). Skybridge Comments at 2-3. In the Matter of Motion of Ranger Cellular and Miller Communications, Inc. for a Stay of the Cellular Rural Service Areas
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- Area Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862, 864 (1986) (informal objections must contain adequate and specific factual allegations sufficient to warrant the relief requested) (``Area Christian''). 42 U.S.C. 4321-4335. 47 C.F.R. 1.1307. See 47 C.F.R. 1.1311. See id. 1.1308. See id. 1.1308(d). See id. 1.1308(c), 1.1309. See id. 1.1305, 1.1314, 1.1315, 1.1317. EA at Section 1.1. S-R proposes to construct a 12-foot x 10-foot steel equipment platform at the base of each sub-200-foot tower and that the 425-foot tower will have a prefabricated equipment shelter measuring 24 feet x 36 feet, which also will be placed on a platform elevated 16 feet above ground level. EA at Section 1.2.2
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- recently lifted the freeze on the filing of applications for displacement relief and major changes for Class A stations. See ``Commission Lifts the Freeze on the Filing of Certain Class A Television Applications Effective August 4, 2008,'' Public Notice, DA 08-1644 (rel. July 14, 2008). . See 47 C.F.R. 73.622. 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. See 47 C.F.R. Part 1, Appendix C. See infra Section IV.A.1. ``Simultaneous Multiple Round Auction.'' See 47 C.F.R. 1.2105(b); see also NCE Second Report and Order, 18 FCC Rcd at 6700. See 47 C.F.R. 1.917; see also 47 C.F.R. 73.3513. See 47 C.F.R. 1.65. For example, if ownership changes result in the attribution of new interest
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- \af0 \ltrch\fcs0 the applicant may not commence construction until the Commission concludes further environmental processing, including the preparation of an environmental impact statement (\'93EIS\'94).}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \i }{\rtlch\fcs1 \af0 \ltrch\fcs0 \'a7\'a7 1.1305, 1.1314, 1.1315, 1.1317.}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 \par }\pard \ltrpar\s24\ql \li0\ri0\sa220\nowidctlpar\tx720\wrapdefault\aspalpha\aspnum\faauto\adju stright\rin0\lin0\itap0 {\rtlch\fcs1 \af5 \ltrch\fcs0 \cf1 \tab }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i The EA and Subsequent Information}{\rtlch\fcs1 \af0 \ltrch\fcs0 .}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 The EA states that it \'93incorporates a number of environmental documents
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- U.S. beach joint of the submersible portion of the proposed cable; (6) The Bureau reserves the right to require the Licensee to file an environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would have a significant impact upon the environment within the meaning of Sec tions 1.1305-1.1307 of the Commission's Rules and available in common carrier cables. In 1995 and in 1996, com mon carrier cable circuit capacity is scheduled to increase by an additional 60,480 circuits (64-kbps) in each year. In the Ameri can Region, 94,500 circuits (64-kbps) are available in common carrier cables, and an additional 60,480 circuits (64-kbps) are scheduled to be available late
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- cable.17 9. Consistent with prior decisions, we find that Guam Telecom's description that the cable will land on the island of Guam and on the island of Oahu, Hawaii, to be suffi cient to determine whether the proposed cable would com ply with the provisions of the Cable Landing License Act and Commission Rules.18 To ensure compliance with the Sections 1.1305-1.1307 of the Commission's Rules regard ing the protection of the environment,19 we require as a condition of this license that Guam Telecom inform us of the precise landing points of the Guam-Hawaii cable no less than 120 days prior to commencing construction of cable landing stations at those locations/0 In accord with previous Commission decisions, we do not find that
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- than sixty days after receipt of the specific descriptions of landing points. (6) The Commission reserves the right to require the Licensee to file an environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would have a significant impact upon the environment within the meaning of Sections 1.1305-1.1307 of the Commission's rules and regulations implementing the National Environmental Policy Act of 1969, 42 U.S.C. Sections 4321-4335; this license is subject to modification by the Commission upon its review of any environmental impact statement that it may require pursuant to its rules; (7) The Licensee shall maintain no less than a 50 percent ownership interest and voting control share
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- than sixty days after receipt of the specific descriptions of landing points; (6) The Commission reserves the right to require the Licensee to file an environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would have a significant impact upon the environment within the meaning of Sections 1.1305-1.1307 of the Commission's rules and regulations implementing the National Environmental Policy Act of 1969, 42 U.S.C. Sections 4321-4335; this license is subject to modification by the Commission upon its review of any environmental impact statement that it may require pursuant to its rules; (7) Tne Licensee shall maintain no less than a 50 percent ownership interest and voting control share
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- persons, unless the Federal Communications Commission shall give prior consent in writing; (5) The Commission reserves the right to require the Licensee to file an environmental impact statement should it determine that the landing of the cable at those locations and construction of necessary cable landing stations would have a significant impact upon the environment within the meaning of Sections 1.1305-1.1307 of the Commission's Rules and Regulations implementing the National Environmental Policy Act of 1969, 42 U.S.C. Sections 4321-4335 (1995); this license is subject to modification by the Commission upon its review of any environmental impact statement that it may require pursuant to its Rules; 14907 (6) The Commission reserves the right to change the regulatory status of the cable system
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- ORIGINAL CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION 860331AL 21763FLORIDA CITY RADIO FL FLORIDA CITY , FL BP-19860331AL 880 KHZ P CP FOR NEW AM ON: FREQUENCY: 880KHZ; PWR: 1KW, 50KW, DA-N HRS OF OPER: UNL; TL: TENNESSEE & BAUER ST NEAR HOMESTEAD FL; SL&RC: TO BE DETERMINED NEAR HOMESTEAD, FL 25 31 21 80 27 53 MAJOR ENVIRONMENTAL ACTION UNDER SECTION 1.1305 Application dismissed 1/27/2005 per DA 05-178. Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 2/25/05 by ("FCR") 860331AU 21025FAMILY STATIONS, INC. FL LONGWOOD , FL BP-19860331AU 890 KHZ P CP FOR NEW AM ON: FREQUENCY: 890KHZ; PWR: 1KW, 50KW, DA-2 HRS OF OPER: UNL; TL: STATE RD #46, SANFORD, FL; SL&RC: TO BE DETER SANFORD, FL 28 48 32
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- purposes AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED 860331AU 21025FAMILY STATIONS, INC. FL LONGWOOD , FL BP-19860331AU 890 KHZ P CP FOR NEW AM ON: FREQUENCY: 890KHZ; PWR: 1KW, 50KW, DA-2 HRS OF OPER: UNL; TL: STATE RD #46, SANFORD, FL; SL&RC: TO BE DETER SANFORD, FL 28 48 32 81 20 46 MAJOR ENVIRONMENTAL ACTION UNDER SECTION 1.1305 Application dismissed 1/27/2005 per DA 05-178. Petition for Reconsideration filed 2/28/05 by ("Family") Petition for Reconsideration granted and application reinstated 3/10/2005 Page 9 of 10 Broadcast Applications 3/17/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.25943 CALL LETTERSAPPLICANT AND LOCATION N
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- FOR ORIGINAL CONSTRUCTION PERMIT APPLICATION REINSTATED 860331AL 21763FLORIDA CITY RADIO FL FLORIDA CITY , FL BP-19860331AL 880 KHZ P CP FOR NEW AM ON: FREQUENCY: 880KHZ; PWR: 1KW, 50KW, DA-N HRS OF OPER: UNL; TL: TENNESSEE & BAUER ST NEAR HOMESTEAD FL; SL&RC: TO BE DETERMINED NEAR HOMESTEAD, FL 25 31 21 80 27 53 MAJOR ENVIRONMENTAL ACTION UNDER SECTION 1.1305 Application dismissed 1/27/2005 per DA 05-178. Petition for Reconsideration and Reinstatement Nunc Pro Tunc filed 2/25/05 by ("FCR") Petition for Reconsideration granted and application reinstated nunc pro tunc 6/14/05. No letter sent. Page 10 of 20 Broadcast Applications 6/17/2005 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 /
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- INC. W253BF 152876 BPFT-20111129DBJ IN 01/12/2012 Actions of: AM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , LONGWOOD 890 KHZ E FL CP FOR NEW AM ON: FREQUENCY: 890KHZ; PWR: 1KW, 50KW, DA-2 HRS OF OPER: UNL; TL: STATE RD #46, SANFORD, FL; SL&RC: TO BE DETER SANFORD, FL 28 48 32 81 20 46 MAJOR ENVIRONMENTAL ACTION UNDER SECTION 1.1305 Application dismissed 1/27/2005 per DA 05-178. Petition for Reconsideration filed 2/28/05 by ("Family") Petition for Reconsideration granted and application reinstated 3/10/2005 Engineering Amendment filed 09/02/2008 Engineering Amendment filed 10/10/2008 FAMILY STATIONS, INC. 860331AU 21025 BP-19860331AU FL Page 1 of 18 Broadcast Actions 1/18/2012 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202
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- an environmental assessment, i.e., categorical exclusions). See also 40 C.F.R. 1508.4 (definition of ``categorical exclusion''); 40 C.F.R. 1500.4(p) and 1500.5(k) (federal agencies shall reduce excessive paperwork and delay by using categorical exclusions to define categories of actions that do not individually or cumulatively have a significant effect on the human environment). 40 C.F.R. 1508.4. 47 C.F.R. 1.1305. The Commission has reviewed representative actions and has found no common problems that would enable it to specify actions that automatically will require EISs. Id. 47 C.F.R. 1.1307(a)-(b). 47 C.F.R. 1.1306. 47 C.F.R. 1.1307(c)-(d). Section 1.1307(a) provides that Commission action with respect to the following types of facilities may significantly affect the environment: (1) facilities that are
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- potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places.'' Where approval of an application requiring an EA would have a significant environmental effect and a FONSI therefore cannot be issued, Section 1.1305 of the Rules requires the preparation of a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) (collectively referred to as EISs) prior to Commission action. Here, Western's construction of the Medora Tower not only may have had a significant environmental effect but, in fact, did have and continues to have such an effect. It is undisputed that
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- 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. 101, 104. See 47 C.F.R. 1.1301; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986) (Order Amending Environmental Rules). 47 C.F.R. 1.1305. (Aug. 1999). See 47 C.F.R. 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration as part of the decision-making process, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will
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- and supplemented by two Nationwide Programmatic Agreements to be published as appendices to Part 1 of the Commission's rules. See Nationwide Programmatic Agreement Regarding the Section 106 National Preservation Act Review Process, WT Docket No. 03-128, Report and Order, FCC 04-222 (rel. October 5, 2004). See 47 C.F.R. 1.1308(d). See 47 C.F.R. 1.1308(c), 1.1309. See 47 C.F.R. 1.1305, 1.1314, 1.1315, 1.1317. See Letter from Michael E. Simonson, Review and Compliance Coordinator, State Historical Society to Frank Stilwell, Commercial Wireless Division, Wireless Telecommunications Bureau (November 15, 1999). See Letter from Rose Crellin, Commercial Wireless Division, Wireless Telecommunications Bureau, to Grant Hoovestol, Western Wireless Corporation (December 14, 1999). The Commission also directed Western to file, within 30 days of the
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- as defined by 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. 101, 104. 47 C.F.R. 1.1301 et seq; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986). 47 C.F.R. 1.1305. The Commission has identified no common fact pattern which would enable it to specify actions that automatically require an EIS. Id. 47 C.F.R. 1.1307(a)(1)-(8), (b). Section 1.1307(a) provides that Commission action with respect to the following types of facilities may significantly affect the environment and therefore require an EA: (1) facilities that are to be located in an officially
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- to determine if towers would affect migratory birds. Subsequently, the Commission issued the Migratory Bird NOI to develop a record ``on scientific research and other related data relevant to migratory bird collisions with communications towers, and on whether such research would support changes within the structure of our current rules and processes specifically related to protection of migratory birds.'' Section 1.1305 of the Commission's rules requires the preparation of an EIS for ``[a]ny Commission action deemed to have a significant effect upon the quality of the human environment. While the petitioners claim that towers are a source of avian mortality, we find that they have not shown with specificity in this proceeding that towers have a significant effect upon the quality
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- 47 C.F.R. 1.924. See id. See ``Licensees of Broadband Radio Service Channels 1 and/or 2/2A Must File Site and Technical Data by December 27, 2005,'' Public Notice, 20 FCC Rcd 19273 (2005). See Notice of Public Information Collection(s) being Submitted for Review to OMB, 71 FR 9127 (Feb. 22, 2006). 47 C.F.R. Ch. 1, Subpart I. 47 C.F.R. 1.1305-1.1319. See 47 C.F.R. Part 1, Appendix C. Auction No. 66 Comment Public Notice at 1. T-Mobile Comments at 2-3; Alltel Comments at 1; CTIA Comments at 4; RTG Comments at 9; U.S. Cellular Comments at 4. T-Mobile Reply Comments at 1-3. MetroPCS Comments at 3-6; Columbia/MC Comments at 8-9. MetroPCS specifically suggests that the Commission allow a minimum of 60
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- 3. Id. at 3. See Letter from John Oldfield to Dan Abeyta, Esq., Wireless Telecommunication Bureau, Spectrum and Competition Policy Division, dated November 30, 2003. See Letter from John Oldfield to Dan Abeyta, Esq., Spectrum and Competition Policy Division, dated June 4, 2004. See Division Letter. See Application at 2. Id. at 3-4. Id. at 4. See 47 C.F.R. 1.1305 (EIS is required for any Commission action deemed to have a significant effect on the quality of the human environment). See Application at 5. See Opposition at 4-5; see also 36 C.F.R. Part 800.2(c). Id. at 2-3. Id. at 4. (continued....) Federal Communications Commission FCC 07-48 Federal Communications Commission FCC 07-48 @ @ @ @ 1 2 3 4 5
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- treatment of tower registrations as federal undertakings within the meaning of Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, is a permissible interpretation in light of the preconstruction approval process that it has implemented to assure that communications towers are not a risk to air safety under Section 303(q) of the Communications Act). 47 C.F.R. 1.1305, 1.1314, 1.1315, 1.1317. The Commission has found no common pattern that would enable it to specify actions that automatically require an EIS. 47 C.F.R. 1.1305. 47 C.F.R. 1.1307. See also 47 C.F.R. 1.1308(b)(3) (``The EA is a document which shall explain the environmental consequences of the proposal and set forth sufficient analysis for the Bureau or the
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- the Commission's treatment of tower registrations as federal undertakings within the meaning of Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f,is a permissible interpretation in light of the preconstruction approval process that it has implemented to assure that communications towers are not a risk to air safety under Section 303(q) of the Communications Act). 3547 C.F.R. 1.1305, 1.1314, 1.1315, 1.1317. The Commission has found no common pattern that would enable it to specify actions that automatically require an EIS. 47 C.F.R. 1.1305. 3647 C.F.R. 1.1307. See also47 C.F.R. 1.1308(b)(3) ("The EA is a document which shall explain the environmental consequences of the proposal and set forth sufficient analysis for the Bureau or the Commission
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- the examination, whichever comes first. 159. Section 97.13 is amended by revising paragraphs (a), (b), and (c)(2) to read as follows: Sec. 97.13 Restrictions on station location. (a) Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by Sections 1.1305-1.1319 of this chapter. (b) * * *. Geographical coordinates of the facilities that require protection are listed in Section 0.121(c) of this chapter. (c) * * * * * * (2) * * *. Further information on evaluating compliance with these limits can be found in the OET Bulletin Number 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to
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- potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places.''36 Where approval of an application requiring an EA would have a significant environmental effect and a FONSI therefore cannot be issued, Section 1.1305 of the Rules requires the preparation of a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) (collectively referred to as EISs) prior to Commission action.37 13. Here, Western's construction of the Medora Tower not only may have had a significant environmental effect but, in fact, did have and continues to have such an effect. It is undisputed
- http://transition.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
- 800, as modified and supplemented by two Nationwide Programmatic Agreements to be published as appendices to Part 1 of the Commission's rules. See Nationwide Programmatic Agreement Regarding the Section 106 National Preservation Act Review Process, WT Docket No. 03-128, Report and Order, FCC 04-222 (rel. October 5, 2004). 8See 47 C.F.R. 1.1308(d). 9See 47 C.F.R. 1.1308(c), 1.1309. 10See 47 C.F.R. 1.1305, 1.1314, 1.1315, 1.1317. 11See Letter from Michael E. Simonson, Review and Compliance Coordinator, State Historical Society to Frank Stilwell, Commercial Wireless Division, Wireless Telecommunications Bureau (November 15, 1999). 12See Letter from Rose Crellin, Commercial Wireless Division, Wireless Telecommunications Bureau, to Grant Hoovestol, Western Wireless Corporation (December 14, 1999). 13The Commission also directed Western to file, within 30 days of the
- http://wireless.fcc.gov/auctions/18/releases/da981689.pdf http://wireless.fcc.gov/auctions/18/releases/da981689.txt http://wireless.fcc.gov/auctions/18/releases/da981689.wp
- may also call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS Licensees must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a wireless antenna facility is a federal action and licensees must comply with the Commission's NEPA rules for each wireless facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, licensees consult with expert agencies having NEPA responsibilities including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). Licensees must prepare environmental assessments for wireless facilities that may have a
- http://wireless.fcc.gov/auctions/20/releases/da981796.pdf http://wireless.fcc.gov/auctions/20/releases/da981796.txt http://wireless.fcc.gov/auctions/20/releases/da981796.wp
- also call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS Licensees must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a wireless antenna facility is a federal action and licensees must comply with the Commission's NEPA rules for each wireless facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, licensees consult with expert agencies having NEPA responsibilities including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). Licensees must prepare environmental assessments for wireless facilities that may have a
- http://wireless.fcc.gov/auctions/20/releases/da982248.pdf http://wireless.fcc.gov/auctions/20/releases/da982248.txt http://wireless.fcc.gov/auctions/20/releases/da982248.wp
- at (202) 942-7040. Complaints about specific deceptive telemarketing investment schemes should be directed to the FTC, the SEC, or the National Fraud Information Center at (800) 876-7060. Consumers who have concerns about specific VHF Public Coast Station proposals may also call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS See 47 C.F.R. 1.1305-1.1319. 13 7 Licensees must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a wireless antenna facility is a federal action and licensees must comply with the Commission's NEPA rules for each wireless facility. The 13 Commission's NEPA rules require that, among other things, licensees consult with expert agencies having NEPA responsibilities including the
- http://wireless.fcc.gov/auctions/21/releases/da981879.pdf http://wireless.fcc.gov/auctions/21/releases/da981879.txt http://wireless.fcc.gov/auctions/21/releases/da981879.wp
- also call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS Licensees must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a wireless antenna facility is a federal action and licensees must comply with the Commission's NEPA rules for each wireless facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, licensees consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). Licensees must prepare environmental assessments for wireless facilities that may have a
- http://wireless.fcc.gov/auctions/21/releases/da990249.pdf http://wireless.fcc.gov/auctions/21/releases/da990249.txt http://wireless.fcc.gov/auctions/21/releases/da990249.wp
- is less than $25,000. # The sales representative makes verbal representations that: (a) the Internal Revenue Service ("IRS"), Federal Trade Commission ("FTC"), Securities and Exchange Commission ("SEC"), FCC, or other government agency has approved the investment; (b) the investment is not subject to state or federal securities laws; or (c) the investment will yield unrealistically high short-term See 47 C.F.R. 1.1305-1.1319. 12 6 profits. In addition, the offering materials often include copies of actual FCC releases, or quotes from FCC personnel, giving the appearance of FCC knowledge or approval of the solicitation. Information about deceptive telemarketing investment schemes is available from the FTC at (202) 326-2222 and from the SEC at (202) 942-7040. Complaints about specific deceptive telemarketing investment schemes should
- http://wireless.fcc.gov/auctions/22/releases/da982604.pdf http://wireless.fcc.gov/auctions/22/releases/da982604.txt http://wireless.fcc.gov/auctions/22/releases/da982604.wp
- also call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS Licensees must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a wireless antenna facility is a federal action and licensees must comply with the Commission's NEPA rules for each wireless facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, licensees consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). Licensees must prepare environmental assessments for wireless facilities that may have a
- http://wireless.fcc.gov/auctions/22/releases/da990375.pdf http://wireless.fcc.gov/auctions/22/releases/da990375.txt http://wireless.fcc.gov/auctions/22/releases/da990375.wp
- on any payment for Commission licenses (including down payments) or delinquent on any non-tax debt owed to any Federal agency. Prospective bidders are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. See 47 C.F.R. 1.1305-1.1319. 21 8 The FCC makes no representations or warranties about the use of this spectrum for particular services. Applicants should be aware that an FCC auction represents an opportunity to become an FCC licensee in this service, subject to certain conditions and regulations. An FCC auction does not constitute an endorsement by the FCC of any particular services, technologies or
- http://wireless.fcc.gov/auctions/23/releases/da990639.doc http://wireless.fcc.gov/auctions/23/releases/da990639.pdf http://wireless.fcc.gov/auctions/23/releases/da990639.txt
- 47 C.F.R. 1.65. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). See 47 C.F.R. 1.1305-1.1319. V u U V t u U V t u H O 0 WPNG h]0lء +"...eȕl @& 0 `` l l
- http://wireless.fcc.gov/auctions/24/releases/da990474.pdf http://wireless.fcc.gov/auctions/24/releases/da990474.txt http://wireless.fcc.gov/auctions/24/releases/da990474.wp
- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 9 Licensees must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a wireless antenna facility is a federal action and licensees must comply with the Commission's NEPA rules for each wireless facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, licensees consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). Licensees must prepare environmental assessments for wireless facilities that may have a
- http://wireless.fcc.gov/auctions/24/releases/da990904.doc http://wireless.fcc.gov/auctions/24/releases/da990904.pdf http://wireless.fcc.gov/auctions/24/releases/da990904.txt
- C.F.R. 1.65. See 47 C.F.R. 1.2105(c), 1.2107(d), and 1.2109(d). See 47 C.F.R. 1.1202(d) note (1); see also "Commission Announces that Mutually Exclusive 'Short-Form' Applications (Form 175) to Participate in Competitive Bidding Process ('Auctions') Are Treated as Exempt for Ex Parte Purposes." Public Notice, 9 FCC Rcd 6760 (1994). See 47 C.F.R. 1.2112(b). See 47 C.F.R. 1.1305-1.1319. A A B t A B t 0 WPNG h]0lء +"...eȕl @& @& 0 > d l l
- http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
- revocations, exclusion from participation in future auctions, and/or criminal prosecution. (5) National Environmental Policy Act (NEPA) Requirements The permitee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast antenna facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for broadcast facilities that may
- http://wireless.fcc.gov/auctions/30/releases/da000112.doc http://wireless.fcc.gov/auctions/30/releases/da000112.pdf http://wireless.fcc.gov/auctions/30/releases/da000112.txt
- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The licensee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 39 GHz facility is a federal action and the licensee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the licensee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The licensee must prepare environmental assessments for facilities that may have
- http://wireless.fcc.gov/auctions/31/releases/da000292.doc http://wireless.fcc.gov/auctions/31/releases/da000292.pdf http://wireless.fcc.gov/auctions/31/releases/da000292.txt
- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permitee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 700 MHz facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for facilities that may have
- http://wireless.fcc.gov/auctions/31/releases/da020659.pdf http://wireless.fcc.gov/auctions/31/releases/da020659.txt
- over the Internet. Telephonic bidding will also be available. As a contingency, the FCC Wide Area Network, which requires access to a 900 number telephone service, will be available as well for a fee of $2.30 per minute. Qualified bidders are permitted to bid telephonically or electronically. 65 See 47 C.F.R. Part 1, Subpart I. 66 See 47 C.F.R. 1.1305-1.1319. 67 Although the Bureau did not seek comment on the issue, several commenters stated their opposition to any delay of Auction No. 31. See, e.g., Comments of Paxson, passim. US Cellular favored postponement of Auction No. 31 to permit development of band clearing agreements. See Comments of US Cellular at 3-4. In its Auction No. 44 filing, Leap Wireless suggests
- http://wireless.fcc.gov/auctions/33/releases/da000781.doc http://wireless.fcc.gov/auctions/33/releases/da000781.pdf http://wireless.fcc.gov/auctions/33/releases/da000781.txt
- also call the FCC Consumer Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The licensee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 700 MHz facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for facilities that may have
- http://wireless.fcc.gov/auctions/34/releases/da001100.doc http://wireless.fcc.gov/auctions/34/releases/da001100.pdf http://wireless.fcc.gov/auctions/34/releases/da001100.txt
- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd. 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. See e.g. Small Business in Telecommunications, Inc. v Federal Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29, 1999). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at 142. See also 47 C.F.R. 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at
- http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
- and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, 13 FCC Rcd 24,540, 24,545 (1998). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii). 47 C.F.R. 24.709(a). See 47 C.F.R. 24.709(b)(9)(i); see also C/F Block Sixth Report and
- http://wireless.fcc.gov/auctions/36/releases/da001388.doc http://wireless.fcc.gov/auctions/36/releases/da001388.pdf http://wireless.fcc.gov/auctions/36/releases/da001388.txt
- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd. 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. See e.g. Small Business in Telecommunications, Inc. v Federal Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29, 1999). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at 142. See also 47 C.F.R. 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at
- http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
- may also call the FCC Consumer Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permittee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast facility is a federal action and the permittee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permittee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permittee must prepare environmental assessments for broadcast facilities that may
- http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
- also call the FCC Consumer Center at (888) CALL-FCC ((888) 225-5322). 5. National Environmental Policy Act (NEPA) Requirements The permittee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA).23 The construction of a broadcast facility is a federal action and the permittee must comply with the Commission's NEPA rules for each such facility.24 See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permittee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permittee must prepare environmental assessments for broadcast facilities that may
- http://wireless.fcc.gov/auctions/38/releases/da002571.doc http://wireless.fcc.gov/auctions/38/releases/da002571.pdf http://wireless.fcc.gov/auctions/38/releases/da002571.txt
- bands must comply with the relevant provisions for control stations in Section 90.309 of our Rules. Freespace filed a Petition For Review of the 700 MHz Second Report and Order; FreeSpace Communications, L.L.C. v. FCC, Case No. 00-1164 (D.C.Cir. filed April 18, 2000). Counsel for FreeSpace has advised that a ``Notice of Dismissal'' will be filed today. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i) & (ii). See 47 C.F.R 27.502. For further guidance on the issue of control,
- http://wireless.fcc.gov/auctions/39/releases/da010746.doc http://wireless.fcc.gov/auctions/39/releases/da010746.pdf http://wireless.fcc.gov/auctions/39/releases/da010746.txt
- the auction for both the Block A and Block B licenses in the same markets was disqualified from having winning bids in both blocks and subsequently withdrew its application, thereby being subject to default payments with respect to its winning bids for those licenses). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Progeny Reply Comments at 5. Id. 47 C.F.R. 1.2105, 1.2112. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Part 1 Fifth Report and Order, 15 FCC Rcd at 15293, Appendix A. 47
- http://wireless.fcc.gov/auctions/40/releases/da010850.doc http://wireless.fcc.gov/auctions/40/releases/da010850.pdf http://wireless.fcc.gov/auctions/40/releases/da010850.txt
- 27, 1997 ``Protocol Concerning Use of the 929-930 MHz and 931-932 MHz Bands for Paging Services along the Common Border'' with Mexico for paging services using 929-932 MHz spectrum within 120 kilometers (75 miles) of the common border; see also 47 C.F.R. 22.531(e). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. The ``All'' box is optional; the Commission has never required any bidder to use it. More importantly, applicants always have the opportunity to apply for all licenses listed in the Form 175, whether by checking each individual license or through some other means, regardless of whether an ``All'' box is used. BLP Group Comment at 8; Conestoga Reply at 6;
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- the United States and Canada or Mexico may be found on the Commission's website under http://www.fcc.gov/ib/pnd/agree/welcome.html. See Public Notice, ``Canadian Interim Sharing Arrangement for Narrowband PCS,'' DA 94-1183 (rel. Oct. 21, 1994) (Canadian Interim Sharing Arrangement Public Notice). See footnotes nos. 11 and 13. See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii). See Narrowband Second Report and Order and Second Further Notice of Proposed Rule Making at
- http://wireless.fcc.gov/auctions/43/releases/da012315.pdf http://wireless.fcc.gov/auctions/43/releases/da012315.txt
- will be available as well. Qualified bidders are permitted to bid telephonically or electronically. 4. Pre-Auction Dates and Deadlines Auction Seminar ...........................................................................November 7, 2001 Short-Form Application (FCC FORM 175) .................................November 16, 2001; 6:00 p.m. ET Upfront Payments (via wire transfer) ...........................................December 7, 2001; 6:00 p.m. ET Mock Auction ...............................................................................January 7, 2002 Auction Begins..............................................................................January 10, 2002 41 See 47 C.F.R. 1.1305-1.1319. 12 5. Requirements For Participation Those wishing to participate in the auction must: Submit a short-form application (FCC Form 175) electronically by 6:00 p.m. ET, November 16, 2001. Submit a sufficient upfront payment and an FCC Remittance Advice Form (FCC Form 159) by 6:00 p.m. ET, December 7, 2001. Comply with all provisions outlined in this public
- http://wireless.fcc.gov/auctions/44/releases/da020563.pdf http://wireless.fcc.gov/auctions/44/releases/da020563.txt
- on wilderness areas, wildlife preserves, threatened or endangered species or designated critical habitats, historical or archaeological sites, Indian religious sites, floodplains, and surface features. The licensee must also prepare environmental assessments for facilities that include high intensity white lights in residential neighborhoods or excessive radio frequency emission. 68 See 47 C.F.R. Ch. 1, Subpart I. 69 See 47 C.F.R. 1.1305-1.1319. 14 C. Auction Specifics 1. Auction Date The auction will begin on Wednesday, June 19, 2002.70 The initial schedule for bidding will be announced by public notice at least one week before the start of the auction. Unless otherwise announced, bidding on all licenses will be conducted on each business day until bidding has stopped on all licenses. 2. Auction
- http://wireless.fcc.gov/auctions/45/releases/da020470.pdf http://wireless.fcc.gov/auctions/45/releases/da020470.txt
- construction of a wireless antenna facility is a federal action, and the licensee must comply with the Commission's NEPA rules for each such facility.25 The Commission's NEPA rules require, among other things, that the licensee consult with expert agencies having NEPA responsibilities, 23 47 C.F.R. 1.2105. 24 See 47 C.F.R. Ch. 1, Subpart I. 25 See 47 C.F.R. 1.1305-1.1319. 7 including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The licensee must prepare environmental assessments for facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or designated critical
- http://wireless.fcc.gov/auctions/46/releases/da021871.pdf http://wireless.fcc.gov/auctions/46/releases/da021871.txt
- ET Upfront Payments (via wire transfer) ............................................October 9, 2002; 6:00 p.m. ET Mock Auction ...............................................................................October 25, 2002 Auction Begins...............................................................................October 30, 2002 5. Requirements For Participation Those wishing to participate in the auction must: Submit a short-form application (FCC Form 175) electronically by 6:00 p.m. ET, September 25, 25 See 47 C.F.R. Ch. 1, Subpart I. 26 See 47 C.F.R. 1.1305-1.1319. 27 An ascending multiple round auction is the same as a simultaneous multiple round auction, but with only one license available for bid. 8 2002. Submit a sufficient upfront payment and an FCC Remittance Advice Form (FCC Form 159) by 6:00 p.m. ET, October 9, 2002. Comply with all provisions outlined in this public notice. 6. General Contact Information GENERAL
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- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permittee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast antenna facility is a federal action and the permittee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permittee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permittee must prepare environmental assessments for facilities that may have
- http://wireless.fcc.gov/siting/npaguid.html
- into account environmental consequences when making decisions which could be considered "major federal actions." As a licensing agency, the Commission complies with NEPA by requiring our licensees to review their proposed actions for environmental consequences. Our rules implementing NEPA are found at [41]Title 47 of the Code of Federal Regulations, Part 1, Subpart I, rule sections 1.1301 to 1.1319. [42]Section 1.1305 of these rules state that the Commission "has found no common pattern which would enable it to specify" any particular Commission action as a "major action" under NEPA. Thus, [43]section 1.1306 of the Rules "categorically excluded from environmental processing" all Commission actions except for those specifically identified in [44]section 1.1307. If a licensee's proposed action falls within one of the
- http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
- the examination, whichever comes first. 159. Section 97.13 is amended by revising paragraphs (a), (b), and (c)(2) to read as follows: Sec. 97.13 Restrictions on station location. (a) Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by Sections 1.1305-1.1319 of this chapter. (b) * * *. Geographical coordinates of the facilities that require protection are listed in Section 0.121(c) of this chapter. (c) * * * * * * (2) * * *. Further information on evaluating compliance with these limits can be found in the OET Bulletin Number 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990375.pdf
- on any payment for Commission licenses (including down payments) or delinquent on any non-tax debt owed to any Federal agency. Prospective bidders are reminded that submission of a false certification to the Commission is a serious matter that may result in severe penalties, including monetary forfeitures, license revocations, exclusion from participation in future auctions, and/or criminal prosecution. See 47 C.F.R. 1.1305-1.1319. 21 8 The FCC makes no representations or warranties about the use of this spectrum for particular services. Applicants should be aware that an FCC auction represents an opportunity to become an FCC licensee in this service, subject to certain conditions and regulations. An FCC auction does not constitute an endorsement by the FCC of any particular services, technologies or
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da990904.pdf
- U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). Licensees must prepare environmental assessments for wireless facilities that may have a significant impact in or on wilderness areas, wildlife preserves, threatened or endangered species or 13 See 47 C.F.R. 1.1305-1.1319. 6 designated critical habitats, historical or archaeologic sites, Indian religious sites, floodplains, and surface features. Licensees must also prepare environmental assessments for wireless facilities that include high intensity white lights in residential neighborhoods or excessive radiofrequency emission. * * * * * CONTACT INFORMATION For questions about payment or instructions for wiring upfront payments, contact Gail Glasser or Linwood Jenkins,
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
- revocations, exclusion from participation in future auctions, and/or criminal prosecution. (5) National Environmental Policy Act (NEPA) Requirements The permitee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast antenna facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for broadcast facilities that may
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000112.doc
- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The licensee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 39 GHz facility is a federal action and the licensee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the licensee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The licensee must prepare environmental assessments for facilities that may have
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000292.doc
- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permitee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a 700 MHz facility is a federal action and the permitee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permitee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permitee must prepare environmental assessments for facilities that may have
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001100.doc
- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd. 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. See e.g. Small Business in Telecommunications, Inc. v Federal Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29, 1999). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at 142. See also 47 C.F.R. 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001226.doc
- call the FCC National Call Center at (888) CALL-FCC ((888) 225-5322). National Environmental Policy Act (NEPA) Requirements The permittee must comply with the Commission's rules regarding the National Environmental Policy Act (NEPA). The construction of a broadcast antenna facility is a federal action and the permittee must comply with the Commission's NEPA rules for each such facility. See 47 C.F.R. 1.1305-1.1319. The Commission's NEPA rules require that, among other things, the permittee consult with expert agencies having NEPA responsibilities, including the U.S. Fish and Wildlife Service, the State Historic Preservation Office, the Army Corp of Engineers and the Federal Emergency Management Agency (through the local authority with jurisdiction over floodplains). The permittee must prepare environmental assessments for facilities that may have
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001388.doc
- Telecommunications Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public Notice, DA 95-2244, 11 FCC Rcd. 9645 (1995) (rel. October 26, 1995). See 47 C.F.R. 1.65. See e.g. Small Business in Telecommunications, Inc. v Federal Communications Commission, No. 99-1543 (D.C. Cir. Filed Dec. 29, 1999). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105, in turn, requires the disclosure on the short-form of applicant ownership information as set forth in Section1.2112. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i)&(ii). See 800 MHz Second Report and Order at 142. See also 47 C.F.R. 90.910 & 90.912. For further guidance on the issue of control, see the Commission's affiliation rule at
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
- and F Block Broadband PCS Licenses; Notice and Filing Requirements for Auction of C, D, E, and F Block Broadband Personal Communications Services Licenses Scheduled for March 23, 1999; Minimum Opening Bids and Other Procedural Issues,'' Public Notice, 13 FCC Rcd 24,540, 24,545 (1998). See 47 C.F.R. 1.2105. See 47 C.F.R. Ch. 1, Subpart I. See 47 C.F.R. 1.1305-1.1319. Section 1.2105 requires the disclosure on the short-form of applicant ownership information as set forth in Section 1.2112. Note that both of these sections were revised in the Part 1 Fifth Report and Order. See Section 1.B.2, above. See 47 C.F.R. 1.2105(c)(4)(i), (ii). 47 C.F.R. 24.709(a). See 47 C.F.R. 24.709(b)(9)(i); see also C/F Block Sixth Report and
- http://www.fcc.gov/eb/Orders/2003/FCC-03-109A1.html
- potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places.''36 Where approval of an application requiring an EA would have a significant environmental effect and a FONSI therefore cannot be issued, Section 1.1305 of the Rules requires the preparation of a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) (collectively referred to as EISs) prior to Commission action.37 13. Here, Western's construction of the Medora Tower not only may have had a significant environmental effect but, in fact, did have and continues to have such an effect. It is undisputed
- http://www.fcc.gov/eb/Orders/2004/FCC-04-270A1.html
- 800, as modified and supplemented by two Nationwide Programmatic Agreements to be published as appendices to Part 1 of the Commission's rules. See Nationwide Programmatic Agreement Regarding the Section 106 National Preservation Act Review Process, WT Docket No. 03-128, Report and Order, FCC 04-222 (rel. October 5, 2004). 8See 47 C.F.R. 1.1308(d). 9See 47 C.F.R. 1.1308(c), 1.1309. 10See 47 C.F.R. 1.1305, 1.1314, 1.1315, 1.1317. 11See Letter from Michael E. Simonson, Review and Compliance Coordinator, State Historical Society to Frank Stilwell, Commercial Wireless Division, Wireless Telecommunications Bureau (November 15, 1999). 12See Letter from Rose Crellin, Commercial Wireless Division, Wireless Telecommunications Bureau, to Grant Hoovestol, Western Wireless Corporation (December 14, 1999). 13The Commission also directed Western to file, within 30 days of the
- http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1272A1.pdf
- Area Christian Television, Inc., Memorandum Opinion and Order, 60 RR 2d 862, 864 (1986) (informal objections must contain adequate and specific factual allegations sufficient to warrant the relief requested) (``Area Christian''). 42 U.S.C. 4321-4335. 47 C.F.R. 1.1307. See 47 C.F.R. 1.1311. See id. 1.1308. See id. 1.1308(d). See id. 1.1308(c), 1.1309. See id. 1.1305, 1.1314, 1.1315, 1.1317. EA at Section 1.1. S-R proposes to construct a 12-foot x 10-foot steel equipment platform at the base of each sub-200-foot tower and that the 425-foot tower will have a prefabricated equipment shelter measuring 24 feet x 36 feet, which also will be placed on a platform elevated 16 feet above ground level. EA at Section 1.2.2
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- \af0 \ltrch\fcs0 the applicant may not commence construction until the Commission concludes further environmental processing, including the preparation of an environmental impact statement (\'93EIS\'94).}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i See }{\rtlch\fcs1 \af0 \ltrch\fcs0 47 C.F.R.}{\rtlch\fcs1 \af0 \ltrch\fcs0 \i }{\rtlch\fcs1 \af0 \ltrch\fcs0 \'a7\'a7 1.1305, 1.1314, 1.1315, 1.1317.}}}{\rtlch\fcs1 \af0 \ltrch\fcs0 \par }\pard \ltrpar\s24\ql \li0\ri0\sa220\nowidctlpar\tx720\wrapdefault\aspalpha\aspnum\faauto\adju stright\rin0\lin0\itap0 {\rtlch\fcs1 \af5 \ltrch\fcs0 \cf1 \tab }{\rtlch\fcs1 \af0 \ltrch\fcs0 \i The EA and Subsequent Information}{\rtlch\fcs1 \af0 \ltrch\fcs0 .}{\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn {\footnote \ltrpar \pard\plain \ltrpar\s21\ql \li0\ri0\sa120\widctlpar\wrapdefault\aspalpha\aspnum\faauto\adjustright\ rin0\lin0\itap0 \rtlch\fcs1 \af0\afs20\alang1025 \ltrch\fcs0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\rtlch\fcs1 \af0 \ltrch\fcs0 \cs23\super \chftn }{\rtlch\fcs1 \af0 \ltrch\fcs0 The EA states that it \'93incorporates a number of environmental documents
- http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-109A1.pdf
- potential significant environmental effect ``[f]acilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places.'' Where approval of an application requiring an EA would have a significant environmental effect and a FONSI therefore cannot be issued, Section 1.1305 of the Rules requires the preparation of a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) (collectively referred to as EISs) prior to Commission action. Here, Western's construction of the Medora Tower not only may have had a significant environmental effect but, in fact, did have and continues to have such an effect. It is undisputed that
- http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.pdf
- 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. 101, 104. See 47 C.F.R. 1.1301; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986) (Order Amending Environmental Rules). 47 C.F.R. 1.1305. (Aug. 1999). See 47 C.F.R. 1.1307(c), (d). Under Section 1.1307(c), an interested person may petition the Bureau responsible for processing a particular action to require environmental consideration as part of the decision-making process, where such consideration would not otherwise be required by the rules. If the Bureau determines that the action may have a significant environmental impact, it will
- http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-164A1.pdf
- as defined by 5 U.S.C. 104.'' Id. The Executive Order does not apply to the Commission, which is an ``independent establishment.'' See 5 U.S.C. 101, 104. 47 C.F.R. 1.1301 et seq; Amendment of Environmental Rules in Response to New Regulations Issued by the Council on Environmental Quality, Report and Order, 60 R.R. 2d 13 (1986). 47 C.F.R. 1.1305. The Commission has identified no common fact pattern which would enable it to specify actions that automatically require an EIS. Id. 47 C.F.R. 1.1307(a)(1)-(8), (b). Section 1.1307(a) provides that Commission action with respect to the following types of facilities may significantly affect the environment and therefore require an EA: (1) facilities that are to be located in an officially