FCC Web Documents citing 1.9005
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- response to a request by the Public Safety Broadband Licensee whether circumstances warrant emergency priority access by first responder public safety entities to the Upper 700 MHz D Block license spectrum. The authority citation for Part 1 continues to read as follows: AUTHORITY: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. Section 1.9005 is amended by revising paragraph (k) to read as follows: § 1.9005 Included services. * * * * * (k) The Wireless Communications Service in the 746 - 763 MHz, 775 - 793 MHz, and 805 - 806 MHz bands (part 27 of this chapter); * * * * * Section 1.946 is amended by revising paragraph (c) to read
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- 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
- 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, ¶¶
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- 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 the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A2_Erratum.pdf
- 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 the
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- 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, and not beyond, your terms of approval. Section 1.9005 What is IBFS? The International Bureau Filing System (IBFS) is a database, application filing system, and processing system for all International and Satellite services. IBFS supports electronic filing of many applications and related documents in the International Bureau, and provides public access to this information. We maintain applications, notifications, correspondence, and other materials filed electronically with the International Bureau in
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- that the Commission resolve major disputes by filing, for example, a petition for declaratory ruling; the Commission would endeavor to resolve such matters expeditiously. Spectrum Leasing, Partitioning and/or Disaggregation. Future licensees in the 800 MHz air-ground band, as well as other interested parties, will have the opportunity to engage in spectrum leasing under the Commission's rules. See 47 C.F.R. § 1.9005. Future licensees will also be permitted to engage in partitioning and/or disaggregation of their spectrum. See 47 C.F.R. §§ 1.948(e)-(f). New licensees also may reconfigure their spectrum to accommodate multiple overlapping or exclusive air-ground systems through spectrum leasing, partitioning, disaggregation, or a combination of these mechanisms. Competitive Safeguards. 800 MHz Air-Ground Radiotelephone Service licensees are classified as commercial mobile radio
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- Applications and the First Avenue Applications; ``Parties'' means the Bureau, ART, and First Avenue; and, ``Spectrum Manager Leasing Arrangements Rule'' means Section 1.9020 of the Commission's Rules, 47 C.F.R. § 1.9020. III. BACKGROUND ART and First Avenue are commonly-owned, commercial and/or private licensees that hold exclusive use rights in one or more of the Wireless Radio Services referenced in Section 1.9005 of the Commission's Rules, 47 C.F.R. § 1.9005. On May 6, 2004, ART filed the ART Applications, and between May 6 and June 10, 2004, First Avenue filed the First Avenue Applications. Thereafter, at the request of the Wireless Telecommunications Bureau, the Bureau commenced the Investigation of ART's and First Avenue's compliance with the notification requirements of the Spectrum Manager
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- will continue to be processed pursuant to Section 1.948(j)(1) pending OMB approval of the information collections contained in Section 1.948(j)(2) and implementation of the necessary changes to ULS.) The spectrum leasing policy and rules (Part 1, subpart X) now apply to several additional wireless services. A list of all wireless services subject to these rules is set forth in Section 1.9005 of the Commission's rules. Spectrum leasing notifications and applications will be processed using existing FCC Form 603-T (FCC Wireless Telecommunications Bureau Application or Notification for Spectrum Leasing Arrangement), subject to the applicable processing rules set forth in Sections 1.9020(e)(1) (for spectrum manager leases), 1.9030(e)(1) (for long-term de facto transfer leases), and 1.9035(e)(1) (for short-term de facto transfer leases). (Note that
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- condition will provide 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 7.5 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
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1103A1_Rcd.pdf
- note that this condition will provide 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
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- a licensee pursuant to the spectrum leasing rules set forth in this subpart. Spectrum manager leasing arrangement. A spectrum leasing arrangement in which a licensee retains both de jure control of its license and de facto control of the leased spectrum that it leases to a spectrum lessee, pursuant to the spectrum leasing rules set forth in this subpart. § 1.9005 Included services. The spectrum leasing policies and rules of this subpart apply to the following services in the Wireless Radio Services in which commercial or private licensees hold exclusive use rights: the Paging and Radiotelephone Service (Part 22 of this chapter); the Rural Radiotelephone Service (Part 22 of this chapter); the Air-Ground Radiotelephone Service (Part 22 of this chapter); the
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
- a licensee pursuant to the spectrum leasing rules set forth in this subpart. Spectrum manager leasing arrangement. A spectrum leasing arrangement in which a licensee retains both de jure control of its license and de facto control of the leased spectrum that it leases to a spectrum lessee, pursuant to the spectrum leasing rules set forth in this subpart. § 1.9005 Included services. The spectrum leasing policies and rules of this subpart apply to the following services in the Wireless Radio Services in which commercial or private licensees hold exclusive use rights: the Paging and Radiotelephone Service (Part 22 of this chapter); the Rural Radiotelephone Service (Part 22 of this chapter); the Air-Ground Radiotelephone Service (Part 22 of this chapter); the
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- in a given state, or provide full or one-way broadband service to at least 250 end-user consumers in a given state, shall file with the Commission a completed FCC Form 477, in accordance with the Commission's rules and the instructions to the FCC Form 477, for each state in which they exceed this threshold. * * * * * Section 1.9005 is amended by redesignating paragraphs (h) through (bb) as paragraphs (j) through (dd) and adding new paragraphs (h) and (i) to read as follows: § 1.9005 Included services. * * * * * (h) The Broadband Radio Service (part 27 of this chapter); (i) The Educational Broadband Service (part 27 of this chapter); * * * * * Section 1.9020
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- one year. * * * * * 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. * * * * * 7. Amend § 1.9005 as follows: a. Redesignate paragraphs (r) through (dd) as paragraphs (u) through (gg), respectively; b. Redesignate paragraph (q) as new paragraph (r); c. Add new paragraphs (q), (s), and (t); d. Revise newly designated paragraphs (ff) and (gg); and, d. Add new paragraph (hh). § 1.9005 Included services. * * * * * (q) The Advanced Wireless Services (part 27
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- carrier in the provision of service on the U.S.-South Africa route. IT IS FURTHER ORDERED that, pursuant to sections 4(i) and (j), 309, 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 309, 310(d), the applications for the assignment of licenses from Cingular to T-Mobile ARE GRANTED. IT IS FURTHER ORDERED that, pursuant to sections 1.9005 and 1.9030 of the Commission's rules, 47 C.F.R. §§ 1.9005, 1.9030, the applications filed by T-Mobile and Cingular to implement long-term de facto spectrum leasing arrangements ARE GRANTED. IT IS FURTHER ORDERED that the licenses to be acquired and the leases to be entered into by T-Mobile are subject to compliance with the provisions of the Agreement between Deutsche Telekom
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- Thornton, Flarion Technologies Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, dated Sept. 2, 2004, at 1. See AirCell October 13 Presentation at 5; Boeing Proposed Rules at n.2; Verizon Airfone Response to FCC at 5. Space Data, however, suggests that CDMA could be deployed in 2.5 MHz. See Space Data December 8 Ex parte. See 47 C.F.R. § 1.9005. See 47 C.F.R. §§ 1.948(e) & (f). . Certain spacing requirements are necessary in border areas. In the event that the parties determine that more than six months is required to prepare and file the plan, they may request an extension of the six-month period. We note that the parties may seek confidential treatment of the plan in accordance with
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1_Erratum.doc
- Thornton, Flarion Technologies Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, dated Sept. 2, 2004, at 1. See AirCell October 13 Presentation at 5; Boeing Proposed Rules at n.2; Verizon Airfone Response to FCC at 5. Space Data, however, suggests that CDMA could be deployed in 2.5 MHz. See Space Data December 8 Ex parte. See 47 C.F.R. § 1.9005. See 47 C.F.R. §§ 1.948(e) & (f). . Certain spacing requirements are necessary in border areas. In the event that the parties determine that more than six months is required to prepare and file the plan, they may request an extension of the six-month period. We note that the parties may seek confidential treatment of the plan in accordance with
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- Secretary APPENDIX A: FINAL RULES For the reasons discussed in the preamble, the Federal Communications Commission amends 47 C.F.R. Parts 1, 2, and 87 as follows: PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309, and 325(e) unless otherwise noted. § 1.9005 [Amended] 2. Section 1.9005 is amended by removing and reserving paragraph (n). PART 2 - FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 3. The authority citation for part 2 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. 4. Section 2.106, the Table of Frequency Allocations, is amended as follows:
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- MO&O, 10 FCC Rcd at 454-56, ¶¶ 93-96. See Promoting Efficient Use of Spectrum through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 17503, 17528-36 ¶¶ 51-66 (2004) (``Secondary Markets Second Report and Order''). See 47 C.F.R. § 1.9005; Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 20604 (2003) (Report and Order and Further Notice, respectively), Erratum, 18 FCC Rcd 24817 (2003); Secondary Markets Second Report and Order, 19 FCC Rcd 17503 (2004). Petition for Expedited Reconsideration at 18-22. These
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- response to a request by the Public Safety Broadband Licensee whether circumstances warrant emergency priority access by first responder public safety entities to the Upper 700 MHz D Block license spectrum. The authority citation for Part 1 continues to read as follows: AUTHORITY: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. Section 1.9005 is amended by revising paragraph (k) to read as follows: § 1.9005 Included services. * * * * * (k) The Wireless Communications Service in the 746 - 763 MHz, 775 - 793 MHz, and 805 - 806 MHz bands (part 27 of this chapter); * * * * * Section 1.946 is amended by revising paragraph (c) to read
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
- response to a request by the Public Safety Broadband Licensee whether circumstances warrant emergency priority access by first responder public safety entities to the Upper 700 MHz D Block license spectrum. The authority citation for Part 1 continues to read as follows: AUTHORITY: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. Section 1.9005 is amended by revising paragraph (k) to read as follows: § 1.9005 Included services. * * * * * (k) The Wireless Communications Service in the 746 - 763 MHz, 775 - 793 MHz, and 805 - 806 MHz bands (part 27 of this chapter); * * * * * Section 1.946 is amended by revising paragraph (c) to read
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- Commission action, on the expiration date specified therein, unless a timely application for renewal is filed. See § 1.949 of this part. No authorization granted under the provisions of this part shall be for a term longer than ten years, except to the extent a longer term is authorized under § 27.13 of Part 27 of this chapter. 3. Section 1.9005 is amended by revising paragraphs (gg) and (hh) and adding paragraph (ii) to read as follows: § 1.9005 Included services. * * * * * (gg) The Common Carrier Fixed Point-to-Point Microwave Service (part 101 of this chapter); (hh) The Multipoint Video Distribution and Data Service (part 101 of this chapter); and, (ii) The 700 MHz Guard Bands Service (part
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- Commission action, on the expiration date specified therein, unless a timely application for renewal is filed. See § 1.949 of this part. No authorization granted under the provisions of this part shall be for a term longer than ten years, except to the extent a longer term is authorized under § 27.13 of Part 27 of this chapter. 3. Section 1.9005 is amended by revising paragraphs (gg) and (hh) and adding paragraph (ii) to read as follows: § 1.9005 Included services. * * * * * (gg) The Common Carrier Fixed Point-to-Point Microwave Service (part 101 of this chapter); (hh) The Multipoint Video Distribution and Data Service (part 101 of this chapter); and, (ii) The 700 MHz Guard Bands Service (part
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- be subject to the procedures we adopt regarding Wireless Radio Services''). These Secondary Markets rules involve filing certain procedures for disclosure, and, in appropriate circumstances, approval of spectrum leasing arrangements. See 47 CFR §§ 1.9001, et. seq. These specific rules do not apply to ATC, as it is authorized under Part 25 of the Commission's rules. See 47 CFR § 1.9005. See ATC Report and Order at ¶3, n.5. Having found good cause for temporarily waiving the coverage, integration, and spare satellite gating requirements in this case, we do not think that Globalstar's current non-compliance with those requirements precludes leasing of spectrum for ATC consistent with the conditions imposed herein. See 47 U.S.C. § 310(d) ( ``[n]o station license, or any
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- leasing arrangements between licensees in the services identified in this subpart and spectrum lessees. This subpart also implements policies for private commons arrangements. These policies and rules also implicate other Commission rule parts, including parts 1, 2, 20, 22, 24, 25, 26, 27, 80, 90, 95, and 101 of title 47, chapter I of the Code of Federal Regulations. Section 1.9005 is amended revising the first sentence of the introductory text and by adding paragraph (jj) to read as follows: § 1.9005 Included services. The spectrum leasing policies and rules of this subpart apply to the following services: * * * * * (jj) The Ancillary Terrestrial Component of a Mobile Satellite Service (part 25 of this chapter). Section 1.9020 is
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- the services identified in this subpart and spectrum lessees. This subpart also implements policies for private commons arrangements. These policies and rules also implicate other Commission rule parts, including parts 1, 2, 20, 22, 24, 25, 26, 27, 80, 90, 95, and 101 of title 47, chapter I of the Code of Federal Regulations. * * * * * Section 1.9005 is amended by revising the introductory text and by adding paragraph (jj) to read as follows: § 1.9005 Included services. The spectrum leasing policies and rules of this subpart apply to the following services, which include Wireless Radio Services in which commercial or private licensees hold exclusive use rights and the Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service:
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- the First Avenue Applications; m. ``Parties'' means the Bureau, ART, and First Avenue; and, n. ``Spectrum Manager Leasing Arrangements Rule'' means Section 1.9020 of the Commission's Rules, 47 C.F.R. 1.9020. III. BACKGROUND 3. ART and First Avenue are commonly-owned, commercial and/or private licensees that hold exclusive use rights in one or more of the Wireless Radio Services referenced in Section 1.9005 of the Commission's Rules, 47 C.F.R. 1.9005. 4. On May 6, 2004, ART filed the ART Applications, and between May 6 and June 10, 2004, First Avenue filed the First Avenue Applications. Thereafter, at the request of the Wireless Telecommunications Bureau, the Bureau commenced the Investigation of ART's and First Avenue's compliance with the notification requirements of the Spectrum Manager
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- the First Avenue Applications; m. ``Parties'' means the Bureau, ART, and First Avenue; and, n. ``Spectrum Manager Leasing Arrangements Rule'' means Section 1.9020 of the Commission's Rules, 47 C.F.R. 1.9020. III. BACKGROUND 3. ART and First Avenue are commonly-owned, commercial and/or private licensees that hold exclusive use rights in one or more of the Wireless Radio Services referenced in Section 1.9005 of the Commission's Rules, 47 C.F.R. 1.9005. 4. On May 6, 2004, ART filed the ART Applications, and between May 6 and June 10, 2004, First Avenue filed the First Avenue Applications. Thereafter, at the request of the Wireless Telecommunications Bureau, the Bureau commenced the Investigation of ART's and First Avenue's compliance with the notification requirements of the Spectrum Manager