FCC Web Documents citing 1.945

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • 700 MHz Further Notice Comments at n.22 (overly specific rules would ``require potentially costly and time-consuming waiver requests should the parties agree to an arrangement that is not contemplated expressly in the FCC's regulations.''). See also 47 C.F.R. �� 1.903(b) (``The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization.''), 1.945(e) (``The FCC may grant applications . . .subject to conditions other than those normally applied to authorizations of the same type.''). As discussed elsewhere, the Public Safety Broadband Licensee has the responsibility to negotiate an NSA with the winning bidder on the D Block license for broadband service in the 700 MHz public safety broadband spectrum. All of the parties,
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  • FMS stations will be authorized only on a secondary basis unless the modification is one of a limited list of technical changes or is a minor modification and the licensee makes a special showing of need for primary status and establishes that the modification sill not increase relocation costs for emerging technology licensees. 47 C.F.R. � 101.81. 47 C.F.R. � 1.945(e); see 47 U.S.C. � 405. See Contel Cellular of Nashville, Inc., Order on Reconsideration, 14 FCC Rcd 6302, 6305-06 � 10 (WTB PSPWD 1999). See Florence Cellular Tel. Co., Order on Reconsideration, 14 FCC Rcd 9036 (WTB PSPWD 1999); State of Arizona Dep't of Public Safety, Order on Reconsideration, 14 FCC Rcd 7663 (WTB PSPWD 1999); OCOM Corp., Order on
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  • these facts, we conclude that it would be inequitable to accord secondary status to Station WJM73. Accordingly, given the unusual circumstances of this case, we grant Range a waiver of Section 101.81 of the Commission's Rules. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i) and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945 and 101.69, the Request for Waiver filed by Range Telephone Cooperative, Inc. filed by Range Telephone on March 29, 2000, IS GRANTED. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-4A1.txt
  • the Laidlaw Transit and Valley Coach applications, Creative Airtime specifically alleges that the applications were prepared by the same person and filed during the same time period, each for the same number of channels and mobile units. We find that these allegations alone do not constitute a violation of the Commission's Rules that would warrant not granting the applications. Section 1.945 of the Commission's Rules provides that we will grant an application for a station authorization without a hearing if it is proper upon its face and if from an examination of the application and supporting data, pleadings filed or other matters that we may officially notice that: a. There are no substantial or material questions of fact; b. The applicant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-629A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-629A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-629A1.txt
  • no reasonable alternative to its proposed system. Accordingly, we deny the waiver request, and will issue the modified licenses for Stations WMJ503 and WHB542, and the license for the new Boonville station, on a secondary basis. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, the Request for Waiver of Cybertel RSA Cellular, L.P., filed on March 23, 1999, IS DENIED and the license for the facility at Boonville, Missouri and the modified licenses for Stations WMJ503 and WHB542 will be issued with secondary status. This action is taken under delegated authority pursuant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-698A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-698A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-698A1.txt
  • First Report and Order, 11 FCC Rcd at 8868 � 86; 47 C.F.R. � 101.81. See Public Notice, Report No. 1185, Wireless Telecommunications Bureau Receipts and Disposals (rel. May 1, 1996). See Public Notice, Report No. 2036, Wireless Telecommunications Bureau Receipts and Disposals (rel. Apr. 13, 1999). Petition at Exhibit 1. 47 C.F.R. � 94.41 (1995) (currently 47 C.F.R. � 1.945(e)); see 47 U.S.C. � 405. See Contel Cellular of Nashville, Inc., Order on Reconsideration, 14 FCC Rcd 6302, 6305-06 � 10 (WTB PSPWD 1999). Id. Petition at Exhibit 1. Id. See supra � 4. Cf. Cal-One Cellular L.P., Order on Reconsideration, 14 FCC Rcd 13528, 13530 � 6 (WTB PSPWD 1999) (declining to apply policy announced in the 1992 Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2365A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2365A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2365A1.txt
  • comparative hearing will be specified in a subsequent Order. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION D'wana R. Terry Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau See 47 C.F.R. � 87.213(b)(1). 47 C.F.R. � 87.215(b). See 47 C.F.R. �� 1.945(f). Although the parties had settlement discussions prior to the release of this hearing designation order, they were unable to resolve their mutual exclusivity. See Letter dated July 20, 2001 from Gary S. Sackett, Esq., counsel for Great Western Aviation, Inc., to Roberto Mussenden, Esq., Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. We will not
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  • explain why it was not possible for him to participate in the earlier stages of the proceeding. See 47 C.F.R. � 1.106(b)(1). 47 C.F.R. � 1.106(a)(1). Compare 47 C.F.R. � 1.106(b)(1) with 47 C.F.R. � 1.106(g). Petition for Reconsideration at 6-8. Id. at 6-7. See 47 C.F.R. � 1.939; see also 47 U.S.C. � 309(d). See 47 C.F.R. �� 1.933, 1.945(a). Even if we were to assume arguendo that the channel block B applications amended the channel block A applications, it would be considered a major amendment, 47 C.F.R. � 1.929(a)(6), which would trigger a new petition to deny filing period. 47 C.F.R. � 1.945(a). Petition for Reconsideration at 8. Where there is mutual exclusivity, a note to that effect will
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  • pair. RF Data did not reject the partial grant in its original Petition. On September 25, 2001, RF Data filed a motion for leave to supplement its Petition in order to reject the grant and return the authorization to the Commission, and to make additional arguments as to why its application should have been granted in full. 5. Discussion. Section 1.945(e) of the Commission's Rules, 47 C.F.R. � 1.945(e) states: The FCC may grant applications in part, and/or subject to conditions other than those normally applied to authorizations of the same type. When the FCC does this, it will inform the applicant of the reasons therefor. Such partial or conditional grants are final unless the FCC revises its action in response
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2934A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2934A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2934A1.txt
  • requests does not mean that Wisconsin Electric may not operate the subject station; rather, assuming the application is otherwise proper, Wisconsin Electric's authorization to operate the station will be accorded secondary status. V. ORDERING CLAUSES 13. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.925, 1.945, 101.69, and 101.81 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, 101.81, the Request for Waiver filed by Western Electric on June 12, 2001, IS DENIED. 14. IT IS FURTHERED ORDERED that application FCC File No. 0000487105 SHALL BE REFERRED to the Licensing and Technical Analysis Branch of the Public Safety and Private Wireless Division for processing consistent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1550A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1550A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1550A1.txt
  • where there is no need for a specified CTAF or the air traffic control facility frequency serves as the CTAF. Id. at 4070 � 12. The published CTAF for Coeur d'Alene Airport is 122.80 MHz. That is the frequency on which the unicom operates. Therefore, the one unicom per airport restriction applies to Coeur d'Alene Airport. See 47 C.F.R. � 1.945(f). Although the parties had settlement discussions prior to the release of this hearing designation order, they were unable to resolve their mutual exclusivity. See Letter, dated May 9, 2002, from Scott W. Reed, Esq., counsel for Resort Aviation Services, Inc., and John Cafferty, Esq., counsel for Kootenai County Coeur d'Alene Airport, to John Schauble, Esq., Chief, Policy and Rules Branch,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2032A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2032A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2032A1.txt
  • Telecommunications Bureau: Introduction. On March 7, 2002, Electronic Radio Services, Inc. (ERSI) filed a petition for reconsideration of the February 5, 2002, action of the Licensing and Technical Analysis Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau granting the application in part. For the reasons stated below, we dismiss the Petition because ERSI did not comply with Section 1.945(e) of the Commission's Rules. Background. On June 29, 2000, the Wireless Telecommunications Bureau accepted the Land Mobile Communications Council's (``LMCC'') Low Power Plan for the Part 90 450-470 MHz band (``Low Power Plan''). Pursuant to that plan, the Commission designated a number of 12.5 kHz offsets in the band for low-power use only, although existing stations were granted grandfathered privileges
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2631A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2631A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2631A1.txt
  • filed against the winning bidder and granted to the extent that the winning bidder was declared ineligible to receive the bidding credits claimed); Applications of Nextband Communications, L.L.C., 14 FCC Rcd 7647 (1999) (Commission concluding as a result of the petition to deny phase that a winning bidder did not violate the Commission's anti-collusion rules); see 47 C.F.R. �� 1.934, 1.945, and 1.2018. Implementation of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service Licenses, MM Docket No. 97-234, Reexamination of the Policy Statement on Comparative Broadcast Hearings, GC Docket No. 92-52, Proposals to Reform the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, GEN Docket No. 90-264, First Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3604A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3604A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3604A1.txt
  • as to any . . . matter which may be of decisional significance in a Commission proceeding involving the pending applications, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, submit a statement furnishing such additional or corrected information as may be appropriate. . . .''). 47 C.F.R. �� 1.934(c), 1.945, 2.108. We note that, where, as here, there is no substantial issue of fact as to an applicant's lack of qualifications, we need not hold an evidentiary hearing prior to making our determination. Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253, Second Report and Order, 9 FCC Rcd 2348, 2383 � 202 (1994)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1.txt
  • payment of $0.02 per MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid. � 90.808 [Remove and Reserve] Remove and reserve � 90.808. Revise � 90.809 to read as follows: � 90.809 License grants. MTA licenses pursued through competitive bidding will be granted pursuant to the requirements specified in � 1.945 of this chapter. Revise � 90.810 to read as follows: � 90.810 Bidding credits for small businesses. A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in � 90.814(b)(1)(i) may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the blocks identified in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-847A1_Erratum.doc
  • payment of $0.02 per MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid. � 90.808 [Remove and Reserve] Remove and reserve � 90.808. Revise � 90.809 to read as follows: � 90.809 License grants. MTA licenses pursued through competitive bidding will be granted pursuant to the requirements specified in � 1.945 of this chapter. Revise � 90.810 to read as follows: � 90.810 Bidding credits for small businesses. A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in � 90.814(b)(1)(i) may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the blocks identified in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1779A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1779A1.txt
  • unless otherwise required by a government agency; 6) Albemarle shall not remove existing trees within 200 feet of the structure; and 7) trees shall be planted within a 200-foot buffer of the structure. Public Notice, rel. December 4, 2002, Report No. 1352. Public Notice, rel. December 11, 2002, Report No. 1358. 47 U.S.C. � 309(b); see also 47 C.F.R. � 1.945(b) (applications subject to Section 309(b) and not subject to competitive biding will not be granted prior to the thirty-first day following public notice). See 47 C.F.R. � 1.1313(a). We note that PEC's letter is styled as ``comments'' rather than an ``objection'' or ``petition to deny.'' Nonetheless, in substance it constitutes an objection to Albemarle's application, and we therefore treat it
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  • 18158 (2000). Id. See Foreign Participation Order, 12 FCC Rcd at 23933-35, �� 93-96, 23919-21, �� 61-66. 47 C.F.R. � 310(d), 47 C.F.R. � 1.948 (transfer of control of wireless licenses). See, e.g., VoiceStream/Deutsche Telekom Order, 16 FCC Rcd at 9790, � 19. 47 U.S.C. � 308. See generally, Governor of CNMI's Opposition; Herman Guerrero's Letter. See 47 C.F.R. � 1.945(c)(2) (2003); see also 47 C.F.R. � 1.903(b) (2003); VoiceStream/Deutsche Telekom Order, 16 FCC Rcd at 9798, � 30. See Governor of CNMI's Opposition at 12. The Governor also finds problematic Pacific Telecom's reliance on the financial condition of Citadel Holdings, Inc. (Citadel), another Delgado company, as a basis for showing that Pacific Telecom is financially qualified. Id. at 13; see
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  • against the winning bidder and granted to the extent that the winning bidder was declared ineligible to receive the bidding credits claimed); Applications of Nextband Communications, L.L.C., 14 FCC Rcd 7647 (1999) (Commission concluding as a result of the petition to deny phase that a winning bidder did not violate the Commission's anti-collusion rules); see generally 47 C.F.R. �� 1.934, 1.945, and 1.2018. In such event, the Commission may either re-auction the license to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. 47 C.F.R. � 1.2109(c). See Competitive Bidding Second Report and Order, 9 FCC Rcd at 2383, �� 200-201; Implementation of Section 309(j) of the Communications Act - Competitive
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  • the ``link registrations'' discussed in Section III of the instant Public Notice. Applicants can obtain an FCC Registration Number (FRN) using the Wireless Telecommunications Bureau web site at http://wireless.fcc.gov/ and select ``CORES/Call Sign Registration'' from the right hand menu under the heading of Licensing. Applicants must consult and follow FCC Form 601-Instructions. See 47 C.F.R. �101.147(z)(1). See 47 C.F.R. �� 1.945(b)(c). See id. at � 1.945(b); see also 47 C.F.R. � 1.939(a)(2) (petitions to deny common carrier applications must be filed no later than 30 days after the date of the Public Notice listing such applications as accepted for filing). Ordinarily, in requesting authority to offer both common carrier and non-common carrier service, an applicant would choose to file a single
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1493A1_Erratum.doc
  • the ``link registrations'' discussed in Section III of the instant Public Notice. Applicants can obtain an FCC Registration Number (FRN) using the Wireless Telecommunications Bureau web site at http://wireless.fcc.gov/ and select ``CORES/Call Sign Registration'' from the right hand menu under the heading of Licensing. Applicants must consult and follow FCC Form 601-Instructions. See 47 C.F.R. �101.147(z)(1). See 47 C.F.R. �� 1.945(b)(c). See id. at � 1.945(b); see also 47 C.F.R. � 1.939(a)(2) (petitions to deny common carrier applications must be filed no later than 30 days after the date of the Public Notice listing such applications as accepted for filing). Ordinarily, in requesting authority to offer both common carrier and non-common carrier service, an applicant would choose to file a single
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3165A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3165A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3165A1.txt
  • of transmitter locations'' discussed in Section III of the instant Public Notice. Applicants can obtain an FCC Registration Number (FRN) using the Wireless Telecommunications Bureau web site at http://wireless.fcc.gov/ and select ``CORES/Call Sign Registration'' from the right hand menu under the heading of Licensing. Applicants must consult and follow FCC Form 601-Instructions. See 47 C.F.R. �90.377(b). See 47 C.F.R. �� 1.945(b)(c). See discussion of geographic area license filing procedures supra, page one. The basic function of the Interdepartment Radio Advisory Committee (IRAC) is to assist the Assistant Secretary in assigning frequencies to U.S. Government radio stations and in developing and executing policies, programs, procedures, and technical criteria pertaining to the allocation, management, and use of the spectrum. Schedule M is the
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  • herein. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Michael J. Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau See NSTN Petition for Reconsideration (filed Nov. 15, 2002). Petition at 1. The Petition also states that, in accordance with Section 1.945(e) of the Commission's Rules, 47 C.F.R. � 1.945(e), the Applicant ``rejects the partial grant as made''. Id. See NSTN's FCC Application File No. 0000544347, FCC Form 601, Schedule H, filed July 30, 2001, amended Jan. 28, 2002, Feb. 26, 2002, Mar. 7, 2002 and Mar. 14, 2002. The Commission reorganized the Bureau, effective November 13, 2003, and the relevant duties
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  • Request for Correction of Authorization, dated October 15, 2002 (IWTI Reply). Petition at 2. On November 12, 2004, ARINC filed an Opposition to the Petition, stating that the grant of ARINC's application. See Opposition of Aeronautical Radio, Inc. dated November 12, 2002 (ARINC November Opposition). Petition at 4-5 (citing 5 U.S.C. � 555(e); 47 U.S.C. � 309(d); 47 C.F.R. � 1.945(d)). See id. at 2-3 n.2 (citing S&L Teen Hospital Shuttle, Memorandum Opinion and Order, 16 FCC Rcd 8153, 8155 � 5 (2001) (S&L)). 47 C.F.R. � 1.41. S&L, 16 FCC Rcd at 8155 � 5. Landlinx Communications, Memorandum Opinion and Order, 16 FCC Rcd 20552, 20556 � 9 (2001); see also JPJ Electronic Communications, Inc., Memorandum Opinion and Order, 17
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  • rule 1.946, 47 C.F.R. � 1.946, of its compliance with these construction requirements for each Phase I license. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Sections 1, 2, 4(i), 4 (j), 5(c), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, 154(i), 154(j), 155(c), and 303 (r) , and sections 0.331, 1.925, 1.945, and 1.946, of the Commission's rules, 47 C.F.R. �� 0.331, 1.925, 1.945, and 1.946: a. that the joint request of Access Spectrum, LLC, and Access 220, LLC, for consolidation into a single license of certain Phase I and Phase II licenses held by Access 220, LLC, in the 220 MHz band, for the assignment of a single call sign to
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  • �� 154(i), 309, and Sections 1.45(c) and 1.939(f) of the Commission's Rules, 47 C.F.R. �� 1.45(c) and 1.939(f), that the Reply to Verizon's Reply filed by Wireless Strategies, Inc. on June 21, 2007 IS DISMISSED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Section 1.945(e) of the Commission's Rules, 47 C.F.R. � 1.945(e), that any grant of the Applications shall contain the following condition: Any operation pursuant to this authorization shall be strictly in accordance with the technical parameters proposed in the application. Wireless Strategies, Inc. may not operate these facilities as proposed in its February 23, 2007 Request for Declaratory Ruling unless and until
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  • and has been continuing its efforts to provide service within the New York BTA while the instant request has been pending despite the inherent risk in such an action. Accordingly, we deny the M2Z Objection to the extent that it requests that the Commission take further action at this time. IDT Spectrum Licensing, Inc. Petition for Reconsideration Pursuant to Section 1.945(e) of the Commission's Rules, the Commission ``may grant applications in part, and/or subject to conditions other than those normally applied to authorizations of the same type.'' When the Commission takes such action, it will inform the applicant of the reasons. Moreover, ``[s]uch partial or conditional grants are final unless the FCC revises its action in response to a petition for
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  • right of petitioners to file petitions to deny against common carrier applications. System limitations preclude WTB from processing a non-common carrier request separately when filed on the same form as a common carrier request. However, applicants that are willing to have their entire application processed under the ``common carrier'' track, i.e., under the ``notice and 30-day waiting period'' of Section 1.945(b), can request common carrier and non-common carrier status on a single Form 601. As indicated above, the initial date for filing applications for nationwide non-exclusive licenses in the 3650 MHz band will be November 15, 2007. Fixed and BASE STATION Data REGISTRATION PROCESS As discussed above, a licensee must hold a nationwide, non-exclusive license before it can register fixed or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4619A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4619A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4619A1.txt
  • for its National Broadband Radio Service (NBRS). See WT Docket No. 07-16, Application of M2Z Networks, Inc. for License and Authority to Provide a National Broadband Radio Service in the 2155-2175 MHz Band, filed May 5, 2006 (Application). See also WT Docket No. 07-30, Petition of M2Z Networks, Inc. for Forbearance under 47 U.S.C. � 160(c) Concerning Application of Sections 1.945(b) and (c) of the Commission's Rules and Other Regulatory and Statutory Provisions, filed Sept. 1, 2006 (Forbearance Petition). M2Z's Application - along with all pending applications for license in the 2155-2175 MHz band - and its Forbearance Petition were dismissed (without prejudice) and denied, respectively, in a subsequent order. See Applications for License and Authority to Operate in the 2155-2175
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-736A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-736A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-736A1.txt
  • On September 1, 2006, M2Z Networks, Inc. (M2Z) filed a petition for forbearance pursuant to Section 10(c) of the Communications Act of 1934, as amended (the Act), and Section 1.53 of the FCC's rules, in connection with a license application that it filed on May 1, 2006. In its Forbearance Petition, M2Z asks that the Commission forbear from applying Sections 1.945(b) and (c) of its rules, ``and any other rule, provision of the Act, or Commission policy, to M2Z's Application . . . , to the extent such rules, statutory provisions, or policies impede the acceptance and grant of the Application.'' Specifically, M2Z asserts that the Commission must forbear from these rules, to the extent that enforcement of these provisions would
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
  • 1.919 Ownership information. 1.923 Content of applications. 1.924 Quiet zones. 1.925 Waivers. 1.926 Application processing; initial procedures. 1.927 Amendment of applications. 1.929 Classification of filings as major or minor. 1.931 Application for special temporary authority. 1.933 Public notices. 1.934 Defective applications and dismissal. 1.935 Agreements to dismiss applications, amendments or pleadings. 1.937 Repetitious or conflicting applications. 1.939 Petitions to deny. 1.945 License grants. 1.946 Construction and coverage requirements. 1.947 Modification of licenses. 1.948 Assignment of authorization or transfer of control, notification of consummation. 1.949 Application for renewal of license. 1.951 Duty to respond to official communications. 1.955 Termination of authorizations. 1.956 Settlement conferences. 1.957 Procedure with respect to amateur radio operator license. 1.981 Reports, annual and semiannual. SUBPART Q-COMPETITIVE BIDDING PROCEEDINGS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1404A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1404A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1404A1.txt
  • the Joint Petition For Reconsideration filed on June 27, 2008 by Comm Enterprises, LLC, James A. Kay, Jr., MS Airwaves, Inc., and Marc D. Sobel IS GRANTED to the extent indicated above. IT IS FURTHER ORDERED that, pursuant and Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Sections 1.934 and 1.945 of the Commission's Rules, 47 C.F.R. �� 1.934, 1.945, application FCC File No. 0003431479 SHALL BE RETURNED TO PENDING STATUS and DISMISSED IN PART AND GRANTED IN PART, consistent with this Order on Reconsideration and Commission Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1404A1_Rcd.pdf
  • � 1.106, the Joint Petition For Reconsideration filed on June 27, 2008 by Comm Enterprises, LLC, James A. Kay, Jr., MS Airwaves, Inc., and Marc D. SobelIS GRANTED to the extent indicated above. 6.ITIS FURTHER ORDERED that, pursuant and Sections 4(i) and 309(a) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309(a), and Sections 1.934 and 1.945 of the Commission's Rules, 47 C.F.R. �� 1.934, 1.945, application FCC File No. 0003431479 SHALL BE RETURNED TO PENDING STATUS and DISMISSED IN PART AND GRANTED IN PART, consistent with this Order on Reconsiderationand Commission Rules. 7.This action is takenunder delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. �� 0.131, 0.331. FEDERAL COMMUNICATION COMMISSION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-53A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-53A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-53A1.txt
  • $31.63 1.672 CableCARD, existing customer 50 $12.49 3.147 47 $8.50 2.335 CableCARD, new customer 50 $11.01 3.142 47 $6.71 2.209 DBS subgroup Unwired residence 78 $45.80 1.254 78 $46.68 0.901 Pre-wired residence 78 $34.89 1.295 78 $34.27 1.150 Service reconnection 78 $29.66 0.995 78 $29.18 0.946 CableCARD, existing customer 78 $25.63 1.698 78 $25.91 1.678 CableCARD, new customer 78 $32.79 1.945 78 $33.00 1.858 Wireless MVPD subgroup Unwired residence 33 $53.13 1.735 33 $50.82 1.552 Pre-wired residence 33 $34.27 1.551 33 $30.66 1.572 Service reconnection 33 $29.03 0.811 33 $25.66 0.798 CableCARD, existing customer 33 $31.27 2.877 33 $27.48 2.990 CableCARD, new customer 33 $35.97 2.395 33 $31.63 2.629 Low penetration test subgroup Unwired residence 68 $47.10 1.248 68 $46.23 1.289
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-936A1.DOC http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-936A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-936A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-936A1.txt
  • connection with the assignment applications, the parties seek removal of the conditions that were placed on StratusWave's licenses that prohibited renewal of the license and that required StratusWave to reduce, modify, or terminate operations in any areas in which a new co-channel or adjacent-channel EBS licensee begins service. To the extent necessary, the parties seek waivers of Sections 1.110 and 1.945(e) of the Commission's rules to allow them to seek reconsideration of these license conditions outside of the 30-day deadline. StratusWave claims it has been unable to develop a long-term sustainable business model to expand educational broadband services, in part because of the special conditions. The parties further argue that once the license is assigned to WJU and Davis & Elkins,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289100A1.pdf
  • by charging for premium service. According to the petitioner, for the plan to work, it needed an exclusive, nationwide license to the entire segment for 15 years. In September 2006, M2Z amended its application with a petition for forbearance under 47 U.S.C. � 160(c) and 47 C.F.R. � 1.53. M2Z asked the Commission to forbear from applying 47 C.F.R. �� 1.945(b), (c), and "any other rule, provision of the Act, or Commission policy . . . to the extent such rules, statutory provisions, or policies [would] impede the acceptance and grant" of its application. In January 2007, the FCC found M2Z's application acceptable for filing, without assessing the merits. Typically, applications for broadcast licenses are processed according to preexisting service rules.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-142A1.txt
  • to deviate from that strategy, the Acquisitions Committee again failed to object. Id. See 47 U.S.C. � 308; VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347, para. 13; see also In re Applications of AirTouch Communications, Inc. and Vodafone Group, plc, Memorandum Opinion and Order, 14 FCC Rcd 9430, 9432-34, paras. 5-9 (Wir. Tel. Bur. 1999) (Vodafone/AirTouch Order). 47 C.F.R. � 1.945(c)(2); see also 47 C.F.R. � 1.903(b). As discussed above, VoiceStream and Powertel seek Commission consent to the proposed transfer of control of VoiceStream's licenses to Powertel in the event that the DT-VoiceStream merger is not consummated. See VoiceStream Powertel Application at 7. Senator Hollings Nov. 30 Ex Parte Letter at 2; Senator Hollings Comments at 5-6. We note that these
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-183A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-183A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-183A1.txt
  • to be reinstated are: file nos. 654521, 654522, 654523, 654524, 654525, 654526, 654527, 654528, 654530, 654531, 654532, 654534, 654535, and 654537. One of the applications listed in the Application for Review, file no. 654529, was granted pursuant to the second Industry Coalition run. The grant was accepted by East River. See former rule section 90.143(c); see also 47 C.F.R. � 1.945(c). We note that our action with respect to East River should in no way be read as invalidating the second Industry Coalition software run. We also emphasize that as a general matter, staff action that is contrary to the Commission's rules or stated policies is not binding on the Commission. See e.g. Nextel Communications, Inc. - Requests for Waiver of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-19A1.txt
  • bidder and granted to extent that the winning bidder was declared ineligible to receive the bidding credits claimed); Applications of Nextband Communications, L.L.C., Order on Reconsideration, 14 FCC Rcd 7647 (Pub. Saf. Div. 1999) (Commission concluding as a result of the petition to deny that a winning bidder did not violate the Commission's anti-collusion rules); see 47 C.F.R. �� 1.934, 1.945 and 1.2108. We note that submission of a false certification to the Commission may result in penalties, including monetary forfeitures, license forfeitures, ineligibility to participate in future auctions, and/or criminal prosecution. Closed Broadcast Auction, Notice and Filing Requirements for Auction of AM, FM, TV, LPTV, and FM and TV Translator Construction Permits Scheduled for September 28, 1999, Minimum Opening Bids
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • 700 MHz Further Notice Comments at n.22 (overly specific rules would ``require potentially costly and time-consuming waiver requests should the parties agree to an arrangement that is not contemplated expressly in the FCC's regulations.''). See also 47 C.F.R. �� 1.903(b) (``The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization.''), 1.945(e) (``The FCC may grant applications . . .subject to conditions other than those normally applied to authorizations of the same type.''). As discussed elsewhere, the Public Safety Broadband Licensee has the responsibility to negotiate an NSA with the winning bidder on the D Block license for broadband service in the 700 MHz public safety broadband spectrum. All of the parties,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • 700 MHz Further Notice Comments at n.22 (overly specific rules would ``require potentially costly and time-consuming waiver requests should the parties agree to an arrangement that is not contemplated expressly in the FCC's regulations.''). See also 47 C.F.R. �� 1.903(b) (``The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization.''), 1.945(e) (``The FCC may grant applications . . .subject to conditions other than those normally applied to authorizations of the same type.''). As discussed elsewhere, the Public Safety Broadband Licensee has the responsibility to negotiate an NSA with the winning bidder on the D Block license for broadband service in the 700 MHz public safety broadband spectrum. All of the parties,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-161A1.txt
  • petition or application is in the public interest within one year after such petition or application is filed.'' M2Z asserts that the Commission repeatedly has invoked Section 7 to promote ``innovative polices and licensing models that seek to increase communications capacity and efficiency of spectrum use, and make spectrum available to new uses and users.'' M2Z seeks forbearance from Sections 1.945(b) and (c) of the Commission's rules, to the extent that the enforcement of any provision of these rules would block the acceptance and grant of M2Z's application. Section 1.945(b) provides that ``[n]o application that is not subject to competitive bidding under Section 309(j) of the Communications Act will be granted by the Commission prior to the 31st day following the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-257A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-257A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-257A1.txt
  • takes its license subject to the conditions imposed on its use. These conditions may be contained in both the Commission's regulations and in the license.''). Verizon Wireless mistakenly asserts that the Commission may only grant or deny the application or designate it for a hearing at this juncture. Section 303(r) of the Communications Act of 1934, as amended, and section 1.945(e) of the Commission's rules clearly permit Commission action to impose conditions. See 47 U.S.C. � 303(r) (stating that the Commission shall ``[m]ake such rules and regulations and prescribe such restrictions and conditions, not inconsistent with law, as may be necessary to carry out the provisions of this Act ...'') (emphasis added); 47 C.F.R. � 1.945(e) (stating that the Commission ``may
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-8A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-8A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-8A1.txt
  • protection criteria of TSB-88 with respect to El Segundo's operations on frequency pairs 471/474.3375 MHz and 472/475.5375 MHz. See id. at 11539 � 4. See id. at 11539 � 5. El Segundo requests that the application for review be dismissed as procedurally defective because NSTN failed to reject and return the partial grant of its applications, as required by Section 1.945(e) of the Commission's Rules, 47 C.F.R. � 1.945(e), when it filed its petition for reconsideration of the Order. See Opposition at 3-5. We note, however, that NSTN could not have rejected the partial grants when it filed its petition for reconsideration, because the Division issued the grants later. See Order on Reconsideration, 23 FCC Rcd at 5724-25 � 5. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-8A1_Rcd.pdf
  • protection criteria of TSB-88 with respect to El Segundo's operations on frequency pairs 471/474.3375 MHz and 472/475.5375 MHz. 7See id. at 11539 � 4. 8See id. at 11539 � 5. El Segundo requests that the application for review be dismissed as procedurally defective because NSTN failed to reject and return the partial grant of its applications, as required by Section 1.945(e) of the Commission's Rules, 47 C.F.R. � 1.945(e), when it filed its petition for reconsideration of the Order. See Opposition at 3-5. We note, however, that NSTN could not have rejected the partial grants when it filed its petition for reconsideration, because the Division issued the grants later. 9See Order on Reconsideration, 23 FCC Rcd at 5724-25 � 5. The
• http://transition.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • from that strategy, the Acquisitions Committee again failed to object. Id. 100 See 47 U.S.C. � 308; VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347, para. 13; see also In re Applications of AirTouch Communications, Inc. and Vodafone Group, plc, Memorandum Opinion and Order, 14 FCC Rcd 9430, 9432-34, paras. 5-9 (Wir. Tel. Bur. 1999) (Vodafone/AirTouch Order). 101 47 C.F.R. � 1.945(c)(2); see also 47 C.F.R. � 1.903(b). Federal Communications Commission FCC 01-142 21 Powertel.102 However, Senator Hollings raises issues that would implicate VoiceStream's qualifications as transferee of the Powertel licenses, asserting that, because of the $5 billion investment by DT and certain provisions in the VoiceStream-DT Merger Agreement, VoiceStream has effected an unauthorized transfer of control and violated sections 310(a), 310(b)(4),
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • (renumbered and combined 1.934 with other rules into new consolidated rule for all Wireless Radio Services). 1.962 Public notice of acceptance for filing; petitions to deny 1.933, 1.939 applications of specified categories (public notice and petition sections divided; rules combined with other rules into new consolidated rule for all Wireless Radio Services). 1.971 Grants without a hearing (renumbered and combined 1.945 with other rules into new consolidated rule for all Wireless Radio Services). 1.972 Grants by random selection (deleted per Balanced No new rule Budget Act of 1997). 1.973 Designation for hearing (renumbered and combined with 1.945 other rules into new consolidated rule for all Wireless Radio Services). Station files. 1.911 Duty to respond to official communications. 1.951 1.981 Reports, annual
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • not, by themselves, render the application mutually exclusive with those other applications. Instead, the request for such other channels or facilities should be filed in a separate application. (b) Filing groups. Pending mutually exclusive applications are processed in filing groups. Mutually exclusive applications in a filing group are given concurrent consideration. The Commission may dismiss as defective (pursuant to � 1.945 of this chapter) any mutually exclusive application(s) whose filing date is outside of the date range for inclusion in the filing group. The types of filing groups used in day-to-day application processing are specified in paragraph (c)(3) of this section. A filing group is one of the following types: (1) Renewal filing group. A renewal filing group comprises a timely-filed
• http://wireless.fcc.gov/auctions/general/releases/da020847.pdf http://wireless.fcc.gov/auctions/general/releases/da020847.txt
  • $0.02 per MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid. � 90.808 [Remove and Reserve] 74. Remove and reserve � 90.808. 75. Revise � 90.809 to read as follows: � 90.809 License grants. MTA licenses pursued through competitive bidding will be granted pursuant to the requirements specified in � 1.945 of this chapter. 76. Revise � 90.810 to read as follows: � 90.810 Bidding credits for small businesses. A winning bidder that qualifies as a small business or a consortium of small businesses, (as defined in � 90.814(b)(1)(i) may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the blocks identified
• http://wireless.fcc.gov/services/index.htm?job=licensing_2&id=3650_3700
  • right of petitioners to file petitions to deny against common carrier applications. System limitations preclude WTB from processing a non-common carrier request separately when filed on the same form as a common carrier request. (However, applicants that are willing to have their entire application processed under the common carrier track, i.e., under the notice and 30-day waiting period of Section 1.945(b), can request common carrier and non-common carrier status on a single Form 601.) EXAMPLE: On November 21, 2007, WTB releases the weekly Public Notice of applications received between November 12-16, 2007, that are acceptable for filing. The 31st day following this Public Notice is Saturday, December 22, 2007, making Monday, December 24, 2007, the first day on which a common
• http://wireless.fcc.gov/services/index.htm?job=licensing_3&id=millimeter_wave
  • as applicable. Ordinarily, in requesting authority to offer both common carrier and non-common carrier service, an applicant would choose to file a single FCC Form 601 and enter Codes C and N on it in response to Item 35. However, the entire application would be processed under the "common carrier" track, i.e., the "notice and 30-day waiting period" of Section 1.945(b), because system limitations preclude us from processing the non-common carrier request separately when filed on the same form as the common carrier request. [34]Return to Top Arrow Return To Top Last reviewed/updated on 6/21/2004 [35]FCC Home [36]Search [37]RSS [38]Updates [39]E-Filing [40]Initiatives [41]Consumers [42]Find People [43]Licensing, Technical Support and Website Issues - [44]Forgot Your Password? - [45]Submit eSupport request Phone: 1-877-480-3201
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • for the extended implementation period and will require complete system construction within six months of the first missed annual certification date.|||||P 1063|LP|Per Rule 90.305(a) temporary base station shall be located not more than 80 Page 8 special_cond_code21.txt kilometers (50 miles) from the geographic center of the urbanized area listed in Rule 90.303.|||||P 1069|LP|This license has been granted-in-part pursuant to Rule 1.945.|||||P 1070|LP|This authorization is granted subject to the condition that no harmful interference is caused to co-channel Mexican stations. Furthermore, this authorization is conditioned on compliance with any current or future sharing arrangements, agreements, or tre|aties between the United States and Mexico.||||P 1071|LP|The application has been granted-in-part for renewal only. The changes requested require an application for modification pursuant to Rule
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2002&m=8&t=Order
  • Enhanced FRS Units. Granted Garmin's extension request until the completion of the rulemaking proceeding in WT Docket 01... DA-02-2033A1: [73]pdf - [74]word - [75]txt 08/21/2002 WTB Orders (DA 02-2032) ELECTRONIC RADIO SERVICES, INC. For New Trunked Industrial/Business Pool Station at Atlantic, Iowa, Slater/Alleman, Iowa, Des Moines, Iowa and Grinnell, Iowa Dismissed the Petition because ERSI did not comply with Section 1.945(e) of the Commission's Rules DA-02-2032A1: [76]pdf - [77]word - [78]txt 08/21/2002 WTB Orders (DA 02-2034) SAN BERNARD ELECTRIC COOPERATIVE, INC. and Request for Waiver to Operate other industrial/Land Transportation Pool Station WNTX234, Bellville, TX Granted San Bernard's reconsideraiton petition DA-02-2034A1: [79]pdf - [80]word - [81]txt 08/21/2002 WTB Orders (DA 02-2028) in re: FCI 900, Inc. (Cingular Interactive, L.P.) Denied Cingular's
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • from that strategy, the Acquisitions Committee again failed to object. Id. 100 See 47 U.S.C. � 308; VoiceStream/Omnipoint Order, 15 FCC Rcd at 3347, para. 13; see also In re Applications of AirTouch Communications, Inc. and Vodafone Group, plc, Memorandum Opinion and Order, 14 FCC Rcd 9430, 9432-34, paras. 5-9 (Wir. Tel. Bur. 1999) (Vodafone/AirTouch Order). 101 47 C.F.R. � 1.945(c)(2); see also 47 C.F.R. � 1.903(b). Federal Communications Commission FCC 01-142 21 Powertel.102 However, Senator Hollings raises issues that would implicate VoiceStream's qualifications as transferee of the Powertel licenses, asserting that, because of the $5 billion investment by DT and certain provisions in the VoiceStream-DT Merger Agreement, VoiceStream has effected an unauthorized transfer of control and violated sections 310(a), 310(b)(4),
• 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
  • (renumbered and combined 1.934 with other rules into new consolidated rule for all Wireless Radio Services). 1.962 Public notice of acceptance for filing; petitions to deny 1.933, 1.939 applications of specified categories (public notice and petition sections divided; rules combined with other rules into new consolidated rule for all Wireless Radio Services). 1.971 Grants without a hearing (renumbered and combined 1.945 with other rules into new consolidated rule for all Wireless Radio Services). 1.972 Grants by random selection (deleted per Balanced No new rule Budget Act of 1997). 1.973 Designation for hearing (renumbered and combined with 1.945 other rules into new consolidated rule for all Wireless Radio Services). Station files. 1.911 Duty to respond to official communications. 1.951 1.981 Reports, annual
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992507.doc
  • Rcd at 1545 � 26. Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, WT Dkt. No. 95-157, Notice of Proposed Rule Making, 11 FCC Rcd 1923, 1925 � 4 (1995) (Cost Sharing NPRM). Id. Id. Fresno County Letter. Id. Id. See id. 47 C.F.R. � 101.47(c) (1995) (current version at 47 C.F.R. � 1.945(e)); see 47 U.S.C. � 405. See Contel Cellular of Nashville, Inc., Order on Reconsideration, 14 FCC Rcd 6302, 6305-6 � 10 (WTB PSPWD 1999). Id. See Cost Sharing NPRM, 11 FCC Rcd at 1925 � 4 (1995). Federal Communications Commission DA 99-2507 � � � tm � �
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99334.doc
  • FCC, 292 F.2d 770, 773 (D.C. Cir. 1961); KOLA, Inc., 11 FCC Rcd. at 14310 (1996). See Letters from Michael B. Hayden, Chief, Microwave Branch, FCC to WinStar granting in part File numbers 9404194, 9404197, 9404198, 9404199, 9404203 (June 20, 1995). Application for Review at 11-14. Previously codified as 47 C.F.R. � 101.47(c) (1996) (currently codified at 47 C.F.R. � 1.945(e)). See 47 C.F.R. � 21.32(d) (1995) (currently codified at 47 C.F.R. � 1.945(e)) which provides: "Whenever the Commission, without a formal hearing, grants any application in part, or subject to any terms or conditions other than those normally applied to applications of the same type, it shall inform the applicant of the reasons therefor, and the grant shall be considered
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000004.doc
  • the Laidlaw Transit and Valley Coach applications, Creative Airtime specifically alleges that the applications were prepared by the same person and filed during the same time period, each for the same number of channels and mobile units. We find that these allegations alone do not constitute a violation of the Commission's Rules that would warrant not granting the applications. Section 1.945 of the Commission's Rules provides that we will grant an application for a station authorization without a hearing if it is proper upon its face and if from an examination of the application and supporting data, pleadings filed or other matters that we may officially notice that: a. There are no substantial or material questions of fact; b. The applicant
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000629.doc
  • no reasonable alternative to its proposed system. Accordingly, we deny the waiver request, and will issue the modified licenses for Stations WMJ503 and WHB542, and the license for the new Boonville station, on a secondary basis. ACCORDINGLY, IT IS ORDERED that pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), and Sections 1.925, 1.945 and 101.69 of the Commission's Rules, 47 C.F.R. �� 1.925, 1.945, 101.69, the Request for Waiver of Cybertel RSA Cellular, L.P., filed on March 23, 1999, IS DENIED and the license for the facility at Boonville, Missouri and the modified licenses for Stations WMJ503 and WHB542 will be issued with secondary status. This action is taken under delegated authority pursuant
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000698.doc
  • First Report and Order, 11 FCC Rcd at 8868 � 86; 47 C.F.R. � 101.81. See Public Notice, Report No. 1185, Wireless Telecommunications Bureau Receipts and Disposals (rel. May 1, 1996). See Public Notice, Report No. 2036, Wireless Telecommunications Bureau Receipts and Disposals (rel. Apr. 13, 1999). Petition at Exhibit 1. 47 C.F.R. � 94.41 (1995) (currently 47 C.F.R. � 1.945(e)); see 47 U.S.C. � 405. See Contel Cellular of Nashville, Inc., Order on Reconsideration, 14 FCC Rcd 6302, 6305-06 � 10 (WTB PSPWD 1999). Id. Petition at Exhibit 1. Id. See supra � 4. Cf. Cal-One Cellular L.P., Order on Reconsideration, 14 FCC Rcd 13528, 13530 � 6 (WTB PSPWD 1999) (declining to apply policy announced in the 1992 Public
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001424.doc
  • FMS stations will be authorized only on a secondary basis unless the modification is one of a limited list of technical changes or is a minor modification and the licensee makes a special showing of need for primary status and establishes that the modification sill not increase relocation costs for emerging technology licensees. 47 C.F.R. � 101.81. 47 C.F.R. � 1.945(e); see 47 U.S.C. � 405. See Contel Cellular of Nashville, Inc., Order on Reconsideration, 14 FCC Rcd 6302, 6305-06 � 10 (WTB PSPWD 1999). See Florence Cellular Tel. Co., Order on Reconsideration, 14 FCC Rcd 9036 (WTB PSPWD 1999); State of Arizona Dep't of Public Safety, Order on Reconsideration, 14 FCC Rcd 7663 (WTB PSPWD 1999); OCOM Corp., Order on
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020821.html
  • NOTICE, DA 01-3004.. Denied the Petition. Action by: Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 08/15/2002 by RECON. (DA No. 02-2031). WTB [88]DA-02-2031A1.doc [89]DA-02-2031A1.pdf [90]DA-02-2031A1.txt ELECTRONIC RADIO SERVICES, INC. FOR NEW TRUNKED INDUSTRIAL/BUSINESS POOL STATION AT ATLANTIC, IOWA, SLATER/ALLEMAN, IOWA, DES MOINES, IOWA AND GRINNELL, IOWA. Dismissed the Petition because ERSI did not comply with Section 1.945(e) of the Commission's Rules. Action by: Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau. Adopted: 08/15/2002 by RECON. (DA No. 02-2032). WTB [91]DA-02-2032A1.doc [92]DA-02-2032A1.pdf [93]DA-02-2032A1.txt GARMIN INTERNATIONAL INC., REQUEST FOR WAIVER OF FAMILY RADIO SERVICE RULE SECTIONS 95.193(A) AND 95.63(D) TO AUTHORIZE MANUFACTURE, SALE AND USE OF GPS TRANSMISSION ENHANCED FRS UNITS.. Granted Garmin's extension request until the