FCC Web Documents citing 1.2113

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • we should use in any auction of geographic-area licenses in this band. The geographic license would constitute a blanket authorization to construct and operate stations at any available site within the licensed area on the licensed spectrum. In general, we propose to allow geographic area licensees to construct and operate their stations pursuant to the procedures set out in Section 1.2113 of our rules, and we seek comment on any clarifications, extensions, or exceptions to that rule that may be necessary. We propose to require geographic area licensees to license individually any station that requires an Environmental Assessment pursuant to Section 1.1307 of our rules or international coordination, or would affect the radio quiet zones described in Section 1.924 of our
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3002A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3002A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3002A1.txt
  • Telecommunications Bureau, to Scott MacIntyre, dated February 21, 2002; Letter from Linda C. Ray, Commercial Wireless Division, Wireless Telecommunications Bureau, to Scott MacIntyre, dated June 20, 2002. We note that our rules provide that an applicant may not begin to pre-grant construction of its facilities if it has requested a waiver of one or more of the Commission's rules. See 1.2113(d)(1). See Supplement to Waiver at 4-5. We note that OP's other arguments do not play a part in our decision to grant the waiver request. See Waiver Request at 4-6. 47 C.F.R. § 1.2110(f)(3)(ii). See Report and Order, 15 FCC Rcd at 11806-11807, para. 35. Federal Communications Commission DA 03-3002 Federal Communications Commission DA 03-3002 l m ¶ ¹ B*
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-248A1.txt
  • products and services for the benefit of the public, including those residing in rural areas, without administrative or judicial delays.'') See December 23rd Public Notice at 4-5; February 24th Public Notice at 4. DiGiPH Application at 7-8; Mountain Solutions Application at 11 DiGiPH Application at 8; Mountain Solutions Application at 11. See February 24th Public Notice. See 47 C.F.R. § 1.2113(c) (1998); see also Part 1 Third Report and Order, 13 FCC Rcd 374, 469-470. Id. Mountain Solutions Application at 9-10. 47 C.F.R. § 1.925 (2000). 47 C.F.R. § 1.925 (2000); see, e.g., WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972). In the Matter of BDPCS, Inc. BTA Nos. B008, B036, B055, B089,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-218A1.txt
  • that service, but these proposals are beyond the scope of this proceeding and will be handled in a separate proceeding. See Part 74 Rewrite, 16 FCC Rcd 10556. See TIA Petition at 2-3. See id. at 16-18. See id. at 18-19. See id. at 19-20. See id. at 20-22. See id. at 22-24. See id. at 2-3. 47 C.F.R. § 1.2113. See Amendment of the Commission's Rules to Establish New Personal Communications Services, Narrowband; Implementation of Section 309(j) of the Communications Act - Competitive Bidding, Narrowband PCS, Gen. Docket No. 90-314, ET Docket No. 92-100, PP Docket No. 93-253, Second Report and Order and Second Further Notice of Proposed Rule Making, 15 FCC Rcd 10456, 10489-90 ¶ 79 (2000) (PCS Second
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-78A1.txt
  • we should use in any auction of geographic-area licenses in this band. The geographic license would constitute a blanket authorization to construct and operate stations at any available site within the licensed area on the licensed spectrum. In general, we propose to allow geographic area licensees to construct and operate their stations pursuant to the procedures set out in Section 1.2113 of our rules, and we seek comment on any clarifications, extensions, or exceptions to that rule that may be necessary. We propose to require geographic area licensees to license individually any station that requires an Environmental Assessment pursuant to Section 1.1307 of our rules or international coordination, or would affect the radio quiet zones described in Section 1.924 of our
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and (3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. Sec. 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct
• http://wireless.fcc.gov/auctions/19/releases/fc980212.pdf http://wireless.fcc.gov/auctions/19/releases/fc980212.txt http://wireless.fcc.gov/auctions/19/releases/fc980212.wp
  • down payments, full payment, late payment fees, and unjust enrichment will now replace all analogous rules previously Federal Communications Commission FCC 98-212 That is, all service-specific GWCS application and payment rules are now replaced by their Part 1 rule counterparts: 47 5 C.F.R. §§ 1.2104, 1.2105, 1.2106, 1.2107, 1.2108, 1.2109, 1.2110, 1.2111, and 1.2112. See Appendix C. 47 C.F.R. § 1.2113. 6 See 47 C.F.R. §§ 1.2110(b)(4), m. 7 While we are adopting the proposed definition of "controlling interest" for GWCS, this decision is not dispositive of the 8 issue as it pertains to all other future auctions. The Part 1 designated entity provisions contained in proposed rules 1.2110(b) and (c) will be addressed separately in the Part 1 proceeding. See
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and (3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. § 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and (3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. § 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • Federal Communications Commission FCC 98-194 Section 319(a) states that "[n]o license shall be issued under the authority of this Act for the operation of any station unless 99 a permit for its construction has been granted by the Commission." 47 U.S.C. § 319(a). The Third Report and Order revising the Commission's general Part 1 auction rules adopted a new Section 1.2113, 47 100 C.F.R. § 1.2113, which permits winning bidders, at their own risk, to construct facilities prior to the grant of their long-form applications. Third Report and Order, 13 FCC Rcd at 469-470. The Commission has amended its rules to permit certain minor changes in broadcast facilities without a construction 101 permit. See Report and Order in MM Docket No.
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and (3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. § 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • Federal Communications Commission FCC 98-194 Section 319(a) states that "[n]o license shall be issued under the authority of this Act for the operation of any station unless 99 a permit for its construction has been granted by the Commission." 47 U.S.C. § 319(a). The Third Report and Order revising the Commission's general Part 1 auction rules adopted a new Section 1.2113, 47 100 C.F.R. § 1.2113, which permits winning bidders, at their own risk, to construct facilities prior to the grant of their long-form applications. Third Report and Order, 13 FCC Rcd at 469-470. The Commission has amended its rules to permit certain minor changes in broadcast facilities without a construction 101 permit. See Report and Order in MM Docket No.
• http://wireless.fcc.gov/auctions/41/releases/fc000159.doc http://wireless.fcc.gov/auctions/41/releases/fc000159.pdf http://wireless.fcc.gov/auctions/41/releases/fc000159.txt
  • Comments at 10; Benbow Reply Comments at 8. Celpage Comments at 10. Benbow Reply Comments at 8-9. 47 C.F.R. § 1.2112. See also Part 1 Third Report and Order, 13 FCC Rcd at 417-21, ¶¶ 73-78. See 47 C.F.R. § 1.2112. See 47 C.F.R. § 1.2110(b)(4). Narrowband PCS R&O/Further Notice, 12 FCC Rcd at 13020, ¶ 104. 47 C.F.R. § 1.2113. 47 U.S.C. § 309(j)(3)(A). Narrowband PCS R&O/Further Notice, 12 FCC Rcd at 12991, ¶ 34. In 1993, the Commission allocated three megahertz of spectrum for narrowband PCS. Only two megahertz of this spectrum was divided into specific channels and made available for licensing, however, because the Commission determined that service proposals for narrowband PCS did not require use of the
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and (3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. Federal Communications Commission FCC 97-413 19 11. Section 1.2113 is added to read as follows: Sec. 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are
• http://wireless.fcc.gov/auctions/general/releases/part1rul.doc http://wireless.fcc.gov/auctions/general/releases/part1rul.pdf
  • bylaws, shareholder agreements, voting or other trust agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and (3) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. § 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00159.doc
  • Comments at 10; Benbow Reply Comments at 8. Celpage Comments at 10. Benbow Reply Comments at 8-9. 47 C.F.R. § 1.2112. See also Part 1 Third Report and Order, 13 FCC Rcd at 417-21, ¶¶ 73-78. See 47 C.F.R. § 1.2112. See 47 C.F.R. § 1.2110(b)(4). Narrowband PCS R&O/Further Notice, 12 FCC Rcd at 13020, ¶ 104. 47 C.F.R. § 1.2113. 47 U.S.C. § 309(j)(3)(A). Narrowband PCS R&O/Further Notice, 12 FCC Rcd at 12991, ¶ 34. In 1993, the Commission allocated three megahertz of spectrum for narrowband PCS. Only two megahertz of this spectrum was divided into specific channels and made available for licensing, however, because the Commission determined that service proposals for narrowband PCS did not require use of the