FCC Web Documents citing 1.9003

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-239A1.txt
  • Telecommunications Bureau: On October 6, 2003, the Commission released a Report and Order and Further Notice of Proposed Rulemaking in the above-captioned proceeding. A summary of the Secondary Markets Report and Order was published in the Federal Register on November 25, 2003. The effective date of the Commission's new secondary market rules, except for sections 1.913(a), 1.913(a)(3), 1.948(j), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules, is February 2, 2004. In order to fully implement all aspects of the Secondary Markets Report and Order, the Commission must receive approval from the Office of Management and Budget (OMB) for the revised FCC Form 603 (Form 603) required under the newly adopted rules and must implement extensive changes to its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1.txt
  • Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) (``Secondary Markets Report and Order''), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) (``Secondary Markets Second Report and Order''); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 47 U.S.C. § 310(b)(4). Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23896, ¶ 9, 23913, ¶ 50, and 23940,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1_Erratum.doc
  • Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) (``Secondary Markets Report and Order''), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) (``Secondary Markets Second Report and Order''); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 47 U.S.C. § 310(b)(4). Id. Rules and Policies on Foreign Participation in the U.S. Telecommunications Market; Market Entry and Regulation of Foreign-Affiliated Entities, Report and Order and Order on Reconsideration, 12 FCC Rcd 23891, 23896, ¶ 9, 23913, ¶ 50, and 23940,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2.txt
  • Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) ("Secondary Markets Report and Order"), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) ("Secondary Markets Second Report and Order"); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 9 C. Section 310 Decision Flowchart The following chart provides a general outline of how the Commission analyzes foreign ownership under Section 310 of the Act. 10 SECTION III - FOREIGN OWNERSHIP ANALYSIS UNDER SECTION 310(B)(4) A. Analytical Framework Section 310(b)(4) of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2_Erratum.pdf
  • Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) modified by Erratum, 18 FCC Rcd 24817 (2003) ("Secondary Markets Report and Order"), Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503 (2004) ("Secondary Markets Second Report and Order"); see 47 C.F.R. §§ 1.913, 1.948, 1.2002, 1.2003, 1.8002, 1.9001, 1.9003, 1.9005, 1.9010, 1.9020, 1.9030, 1.9035, 1.9040, 1.9045, 1.9048, 1.9050, 1.9055, 1.9060, 1.9080, 24.239, 27.4, 27.10, 27.12, 90.20 (2004). 9 C. Section 310 Decision Flowchart The following chart provides a general outline of how the Commission analyzes foreign ownership under Section 310 of the Act. 10 SECTION III - FOREIGN OWNERSHIP ANALYSIS UNDER SECTION 310(B)(4) A. Analytical Framework Section 310(b)(4) of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-671A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-671A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-671A1.txt
  • refers to the Commission. We. In this subpart `we' refers to the Commission. You. In this subpart `you' refers to applicants, licensees, your representatives, or other entities authorized to provide services. Section 1.9002 What happens if the rules conflict? The rules concerning Parts 1, 25, 63 and 64 of this chapter govern over the electronic filing in this subpart. Section 1.9003 When can I start operating? You can begin operating your facility or providing services once we grant your application to do so, under the conditions set forth in your license or authorization. Section 1.9004 What am I allowed to do if I am approved? If you are approved and receive a license or authorization, you must operate in accordance with,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-75A1.txt
  • Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets (Secondary Markets Report and Order). A summary of the Secondary Markets Report and Order was published in the Federal Register on November 25, 2003. See 68 Fed. Reg. 66252 (Nov. 25, 2003). The Federal Register summary prescribed that, except for sections 1.913(a), 1.913(a)(3), 1.948(j), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules, the various rules adopted in the Secondary Markets Report and Order are to be effective January 26, 2004. (Sections 1.913(a), 1.913(a)(3), 1.2002(d), 1.2003, 1.9003, 1.9020(e), 1.9030(e), and 1.9035(e) of the Commission's rules contain information collections requirements that are not effective until approved by the Office of Management and Budget, and section 1.948(j)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1103A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1103A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1103A1.txt
  • RF environment that DBS operators will have to consider and mitigate when adding new subscribers and will also avoid a further potential expansion of the NGSO impact zone, which is discussed in the following paragraph, beyond 7.5 km. See 47 C.F.R. § 101.1415. MVDDS licenses can not be disaggregated. Id. See 47 C.F.R. § 1.9005(hh); see also 47 C.F.R. § 1.9003 (a spectrum leasing arrangement may involve the leasing of any amount of licensed spectrum, in any geographic area or site encompassed by the license). 47 C.F.R. § 101.105(a)(4)(i). Second R&O, 17 FCC Rcd at 9659 ¶ 112. See, e.g., Second R&O, 17 FCC Rcd at 9658-9659 ¶¶ 108-112. On April 21, 2009, MDS Operations separately filed requests seeking waiver and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1103A1_Rcd.pdf
  • stability to the RF environment that DBS operators will have to consider and mitigate when adding new subscribers and will also avoid a further potential expansion of the NGSO impact zone, which is discussed in the following paragraph, beyond 7.5km. 67See47 C.F.R. § 101.1415. MVDDS licenses can not be disaggregated. Id. 68See47 C.F.R. § 1.9005(hh); see also 47 C.F.R. § 1.9003 (a spectrum leasing arrangement may involve the leasing of any amount of licensed spectrum, in any geographic area or site encompassed by the license). 6947 C.F.R. § 101.105(a)(4)(i). 70Second R&O, 17 FCC Rcd at 9659 ¶ 112. 71See, e.g., Second R&O, 17 FCC Rcd at 9658-9659 ¶¶ 108-112. 7971 Federal Communications Commission DA 10-1103 WQAR561 in accordance with the terms
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1.txt
  • continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Amend § 1.913 by revising the section title and revising paragraphs (a), (a)(3), (b)(1) and (b)(2) to read as follows: § 1.913 Application and notification forms; electronic and manual filing. (a) Application and notification forms. Applicants, licensees, and spectrum lessees (see § 1.9003 of this part) shall use the following forms and associated schedules for all applications and notifications: (1) * * * * * * * * (3) FCC Form 603, Application for Assignment of Authorization or Transfer of Control; Notification or Application for Spectrum Leasing Arrangement. FCC Form 603 is used by applicants and licensees to apply for Commission consent to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e). 2. Amend § 1.913 by revising the section title and revising paragraphs (a), (a)(3), (b)(1) and (b)(2) to read as follows: § 1.913 Application and notification forms; electronic and manual filing. (a) Application and notification forms. Applicants, licensees, and spectrum lessees (see § 1.9003 of this part) shall use the following forms and associated schedules for all applications and notifications: (1) * * * * * * * * (3) FCC Form 603, Application for Assignment of Authorization or Transfer of Control; Notification or Application for Spectrum Leasing Arrangement. FCC Form 603 is used by applicants and licensees to apply for Commission consent to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-167A1.txt
  • Counting spectrum lessees' mobile units toward the applicant's initial loading would in effect make the applicant eligible for something it could not otherwise obtain under the relevant service rules. Such a result would contravene our stated intent in the Report and Order. Definition of ``spectrum lessee.'' We revise the definition of ``spectrum lessee,'' as set forth in the under section 1.9003 of our rules, to state: Spectrum lessee. Any third-party entity that leases, pursuant to the spectrum leasing rules set forth in this subpart, certain spectrum usage rights held by a licensee. This term includes reference to third-party entities that lease spectrum usage rights as spectrum sublessees under spectrum subleasing arrangements. Such a revision clarifies that spectrum lessees include spectrum lessees
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-52A1.txt
  • seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. 2. In § 1.913, paragraph (a) introductory text and the first sentence of paragraph (b) are revised and paragraph (a)(6) is added to read as follows: § 1.913 Application and notification forms; electronic and manual filing. (a) Application and notification forms. Applicants, licensees, and spectrum lessees (see § 1.9003) shall use the following forms and associated schedules for all applications and notifications: * * * * * (6) FCC Form 609, Application to Report Eligibility Event. FCC Form 609 is used by licensees to apply for Commission approval of reportable eligibility events, as defined in § 1.2114. (b) Electronic filing. Except as specified in paragraph (d) of this section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-78A1.txt
  • approval of the assignment, transfer, ownership change, or reportable eligibility event (see §1.2114). * * * * * 3. Revise paragraph (a) of §1.2114 to read as follows: § 1.2114 Reporting of Eligibility Event. (a) A designated entity must seek Commission approval for all reportable eligibility events. A reportable eligibility event is: (1) Any spectrum lease (as defined in § 1.9003) or resale arrangement (including wholesale agreements) with one entity or on a cumulative basis that might cause a licensee to lose eligibility for installment payments, a set-aside license, or a bidding credit (or for a particular level of bidding credit) under § 1.2110 and applicable service-specific rules. (2) Any other event that might lead to a change in the eligibility
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-83A1.txt
  • at 11-12. See 47 C.F.R. §§ 1.9001-1.980. See 47 C.F.R. § 90.529. 1995, Pub. L. No. 104-4, 109 Stat. 66. That Act is designed ``to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate funding.'' Id. 47 C.F.R. § 1.9020. 47 C.F.R. § 1.9030. 47 C.F.R. § 1.9003. 47 C.F.R. § 1.9003. 47 C.F.R. § 1.9020(b)(2), 47 C.F.R. § 1.9030(d)(2). See 47 C.F.R. § 27.1201 for EBS eligibility requirements. 47 C.F.R. § 1.9020(d)(2), 1.9030(d)(2). See 47 C.F.R. 90.529(a)(1); Public Safety 700 MHz Band-State License Option to Apply Runs Through December 31, 2001, Public Notice, 16 FCC Rcd 3547 (2001). 47 C.F.R. § 27.14(e) (all EBS licensees must demonstrate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-126A1.txt
  • In spectrum manager leasing arrangements, the MSS licensee retains de facto control and acts as a ``spectrum manager'' by maintaining an active, ongoing oversight role over the spectrum lessee. See generally Secondary Markets First Report and Order at ¶¶ 94-125. See generally Secondary Markets First Report and Order at ¶¶ 126-181; 47 C.F.R. §§ 1.9020; 1.9030. 47 C.F.R. §§ 1.913(a)(5), 1.9003. National Broadband Plan, Recommendation 5.4, p. 81. See National Broadband Plan, Recommendation 5.8.3, p. 87. The Advanced Wireless Services-2 J block at 2020-2025 MHz is adjacent to the MSS band at 2000-2020 MHz and at 2175-2180 MHz to the MSS band at 2180-2200 MHz. The Commission has proposed service and technical rules for the paired ``J'' block. Service Rules for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1.txt
  • of Subpart F is amended to include the following definitions: Spectrum leasing arrangement. An arrangement between a licensed entity and a third-party entity in which the licensee leases certain of its spectrum usage rights to a spectrum lessee, as set forth in Subpart X of this Part (47 C.F.R. §§ 1.9001 et seq.). Spectrum leasing arrangement is defined in § 1.9003. Spectrum lessee. Any third party entity that leases, pursuant to the spectrum leasing rules set forth in Subpart X of this Part (47 C.F.R. §§ 1.9001 et seq.), certain spectrum usage rights held by a licensee. Spectrum lessee is defined in § 1.9003. Subpart F is amended to add sections 1.990-1.994 to read as follows: Foreign Ownership of U.S.-organized Entities
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1_Rcd.pdf
  • by the Commission. See,e.g., 47 C.F.R. § 87.5 (defining various types of aeronautical radio stations); 47 C.F.R. § 87.19(a)-(b) (applying foreign ownership requirements to aeronautical en route and aeronautical fixed station licenses). 2For ease of reference, we refer to applicants, licensees, and spectrum lessees collectively in this NPRMas "licensees" unless the context warrants otherwise. "Spectrum lessees" are defined in section 1.9003 of Part 1, Subpart X ("Spectrum Leasing"), 47 C.F.R. § 1.9003. 3This NPRM does not address our policies with respect to the application of section 310(b)(4) to broadcast licensees. The Commission historically has recognized different policy concerns for foreign ownership in the U.S. parents of broadcast licensees. See,e.g.,Application of GRC Cablevision, Inc., Charleston, Clarksville, Jeffersonville, and Sellersburg, Ind. for Construction