FCC Web Documents citing 22.131

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

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  • NPRM, 12 FCC Rcd at 18645 ¶ 97. FCC File No. 9404182; see Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). FCC File No. 9405456. Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1117 (rel. Jan. 11, 1995). 47 C.F.R. §§ 101.29(c)(1)(i), 101.45(c) (formerly 47 C.F.R. §§ 22.131 and 22.122, respectively). 47 C.F.R. §§ 101.37(1) (formerly 47 C.F.R. §§ 22.127). Order, 14 FCC Rcd at 20750 ¶ 8. FCC File No. 9404184. Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). FCC File No. 9405449. FCC File No. 9405462; see Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals,
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  • Phase II application (``second Phase II application''), which is mutually exclusive with American's Phase II application and which is the subject of American's Petition. 4. In its Petition, American argues that Twiggs' second Phase II application should be dismissed because it is untimely and is thus in violation of Commission rules and procedures for handling mutually exclusive applications, specifically section 22.131. American states that Twiggs' second Phase II application is untimely because it was not filed within 30 days of the Public Notice listing Twiggs' first Phase II application as acceptable for filing. Twiggs argues that its second Phase II application was timely filed because it was filed within the 30-day filing window triggered by American's Phase II application, which, according
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  • 31, 2000 grant of Skytel's authorization under call sign WPQX257 was an administrative error resulting directly from the improper dismissal of Stratophone's mutually exclusive application. Accordingly, we set aside Skytel's authorization and return its application under File No. 0000069725 to pending status. Both Stratophone's and Skytel's applications will be held in pending status as mutually exclusive applications pursuant to section 22.131 of the Commission's rules. 5. Accordingly, IT IS ORDERED that, pursuant to authority delegated by sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 405, and by sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R. §§ 0.331, 1.106, the petition for reconsideration filed by Stratophone, LLC on June 30, 2000, is hereby GRANTED.
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  • Opinion and Order, 15 FCC Rcd 9816, 9893 (2000); Brainerd Broadcasting Co., 38 FCC 1195, 1197 (1965); Empire State Broadcasting Corporation, et. al., 2 FCC Rcd 2793 (Chief, Audio Services Division, Mass Media Bureau 1987); United Educational Broadcasting, Inc., et. al., 7 FCC Rcd 6210, fn1 (Chief, Audio Services Division, Mass Media Bureau 1992). See also 47 C.F.R. §§ 21.31, 22.131, 24.431, 90.7, 101.45. We have applied the interference standards set forth in 47 C.F.R. §§ 73.37, 73.182 only to determine which applications are mutually exclusive. Determinations regarding the acceptability and grantability of these applications will not be made prior to auction. See 47 C.F.R. §§ 73.3571(h)(1)(ii); see also Broadcast Auction First Report and Order, 13 FCC Rcd at 15978-15979; AM
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  • authorized cellular geographic service area (CGSA) extensions into the NM3 service area for systems operating on cellular channel block A. Phase II unserved area applications may propose only one CGSA per application, and may propose de minimis and contract service area boundary (SAB) extensions. Any mutually exclusive Phase II applications for this market will be processed in accordance with section 22.131 of the Commission's rules, 47 C.F.R. § 22.131. For further information, please contact Kathy Harris at 202.418.0609. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 < > _ ` a ¹ ½ ¾ „Ð ½ ¾ 6 I ` a ‡ ¥ ¹ º " ¼
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  • area proposed in WWC's initial application, resulting in a distinct CGSA for the proposed Quemado site. Rather than submitting a separate application for the Quemado site, however, WWC requests waiver of Section 22.949(b)(3) of the Commission's Rules, which permits only one CGSA per application. In the alternative, WWC requests a waiver of the filing date requirement set forth under Section 22.131(b) of the Commission's rules to allow it to file a separate application for the Quemado site. Finally, WWC states that if the Commission denies its alternative waiver requests, it will withdraw its proposed Quemado site. On September 25, 2002, McElroy filed its Petition to Dismiss or Deny WWC's amended application as defective. Smith Bagley, Inc.'s Applications SBI filed its competing
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  • Competitive Bidding Rules for Commercial and General Aviation Air-Ground Radiotelephone Service, WT Docket Nos. 03-103 and 05-42, Order on Reconsideration and Report and Order, FCC 05-202 (rel. December 9, 2005). See id. at n. 17. These filing groups were established pursuant to the procedures for thirty-day notice and cut-off filing groups in the Public Mobile Services. See 47 C.F.R. § 22.131. An FRN is a 10-digit number that is assigned to a business or individual that has registered with the FCC. It is used to uniquely identify an individual or business in all transactions with the FCC. See infra Section IV.A.2. ``Upfront Payments and Bidding Eligibility.'' See infra Section IV.B.2. ``Reserve Price or Minimum Opening Bid.'' 47 U.S.C. § 309(j)(3)(E)(i). See
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  • 309(d), and Sections 0.331 and 1.939 of the Commission's rules, 47 C.F.R. § § 0.331, 1.939, the Petition to Deny filed by Chama Wireless, LLC on October 6, 2005, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Lloyd W. Coward Deputy Chief Mobility Division Wireless Telecommunications Bureau Petition to Deny, filed by Chama Wireless, LLC (Oct. 6, 2005). See 47 C.F.R. §§ 1.2102(a), 22.131. Chama's application (File No. 0002252327) was placed on Public Notice on August 3, 2005. See Wireless Bureau Site-by-Site Applications Accepted for Filing, Public Notice, Report No. 2217. We note that Chama's proposed contour also overlaps Alltel's existing license under call sign KNKN720. Chama has submitted extension agreements with Alltel and is claiming only the unserved area outside Alltel's CGSA. ENMR's
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  • (Alee) for Station KNKN271 initiated this proceeding. Letter to Alee Cellular Communications from Katherine M. Harris, Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau (May 30, 2002). The Division released the Public Notice on June 12, 2002, Public Notice, Report No. 1201 (June 12, 2002), establishing a cut-off deadline of July 12, 2002, for filing competing applications, 47 C.F.R. § 22.131(b)(3). Smith Bagley is authorized to operate at a tower located approximately 9.7 miles northwest of Datil NM, at the location coordinates of 34-15-00.0 N, 107-57-17.0 W. McElroy and WWC proposed operations at the exact same location because at the time each Party filed their initial application, the Commission's Universal Licensing System showed the status for the license for Station KNKR315
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  • needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). The provisions in 47 C.F.R. 22.217, 22.223, and 22.225 are necessary to administer the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids. Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332. Section Number and Title: 22.131(d)(2)(v) Procedures for mutually exclusive applications. 22.201 Paging geographic area authorizations are subject to competitive bidding. 22.217 Bidding credit for small businesses. 22.221 Eligibility for partitioned licenses. 22.223 Designated entities. 22.225 Certifications, disclosures, records maintenance, and definitions. 22.227 Petitions to deny and limitations on settlements. SUBPART C-OPERATIONAL AND TECHNICAL REQUIREMENTS Brief Description: The part 22 rules set forth the conditions under
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  • license, call sign KNKA668 (``KCL Renewal Application''). The KCL Renewal Application was placed on Public Notice on April 22, 2009. On May 22, 2009, Tisdale Telephone Company, LLC filed a competing application against the KCL Renewal Application (File No. 0003848206) (``TTC Competing Application''). The KCL Renewal Application and the TTC Competing Application constitute a Renewal Filing Group pursuant to sections 22.131(b)(1), 22.131(c)(4)(i), and 22.935(c) of our rules. In addition, consistent with section 22.935(a) of our rules, we notify KCL that it must file a renewal expectancy showing (electronically via our Universal Licensing System (``ULS'')) within 60 days of the date of this Public Notice, or no later than August 10, 2009. Petitions to deny any of the mutually exclusive applications must
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  • renew its cellular license, call sign KNKA668 ("KCL Renewal Application").1The KCL Renewal Application was placed on Public Notice on April 22, 2009.2On May 22, 2009, Tisdale Telephone Company, LLC filed a competing application against the KCL Renewal Application (File No. 0003848206) ("TTC Competing Application").3The KCL Renewal Application and the TTC Competing Application constitute a Renewal Filing Group pursuant to sections 22.131(b)(1), 22.131(c)(4)(i), and 22.935(c) of ourrules. In addition, consistent with section22.935(a) of our rules, we notify KCL that it must file a renewal expectancy showing (electronically via our Universal Licensing System ("ULS")) within 60 days of the date of this Public Notice, or no later than August 10, 2009. Petitions to deny any of the mutually exclusive applications must be filed
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  • exclusive with RAM's application. In the Reconsideration Order, the Division determined that RAM's November 17, 1997 amendment was a minor amendment that cured any deficiencies in RAM's application alleged by Capitol. Accordingly, the Division affirmed the Division Dismissal Order and denied Capitol's petition for reconsideration. Discussion In its Application for Review, Capitol argues that the Reconsideration Order conflicts with Section 22.131(d)(1) of our rules, because RAM's original application was not received in a condition acceptable for filing. Capitol has misconstrued the requirements of Section 22.131(d)(1). The determination that an application is ``acceptable for filing'' is different than a decision to grant the application after substantive review for compliance with Commission rules. Section 22.131(d)(1) states, in pertinent part, that the filing date
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  • Order, 14 FCC Rcd at 20751-52 ¶ 9. FCC File No. 9404182; see Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). FCC File No. 9405456. Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1117 (rel. Jan. 11, 1995). 47 C.F.R. §§ 101.29(c)(1)(i), 101.45(c) (formerly 47 C.F.R. §§ 22.131 and 22.122, respectively). 47 C.F.R. §§ 101.37(1) (formerly 47 C.F.R. §§ 22.127). Order, 14 FCC Rcd at 20750 ¶ 8. See DCT Petition for Reconsideration (filed Jan. 7, 2000). See Order on Reconsideration, 15 FCC Rcd 12626 (WTB rel. Jul. 12, 2000) See DCT Application for Review (filed Aug. 11, 2000). DCT Application for Review at 5. See Order on
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  • auctioned on June 4, 2002, although licenses have not yet been granted. Accordingly, there should be two cellular carriers in all but one RSA in the near future. See section 22.947. The two initial licensees of a cellular market are given a five year period within which they have exclusive right to expand (with certain exceptions). See 47 C.F.R. §§ 22.131, 22.949. See 98 FCC 2d at 217. NPRM at para. 68. Id. Section 1.948(i) states that ``[a]pplications for approval of assignment or transfer may be reviewed by the Commission to determine if the transaction is for purposes of trafficking in service authorizations.'' 47 C.F.R. § 1.948(i). Pursuant to section 1.948(i), we may require applicants to submit an affirmative showing demonstrating
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  • for hearing provided by the Act); see also 47 C.F.R. § 101.45(a) (establishing that two applications are mutually exclusive in the Fixed Microwave Services when the grant of one ``would effectively preclude by reason of harmful electrical interference . . . the grant of one or more applications'' as determined by § 101.105 standards); see also 47 C.F.R. §§ 21.31, 22.131, 24.431, and 90.7. Petitioners assume without argument that window-filed applications must satisfy the daytime protection requirements of Section 73.37. Green Valley, for example, submitted ground conductivity measurements in an attempt to demonstrate that prohibited daytime contour overlap, as defined by Section 73.37, would not occur between two applications in MX Group AM 04. However, both Section 73.37 and 73.182 define
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  • without the possibility of competing applications from other carriers. The unserved area process begins with Phase I, which is a one-time, one-day window for all interested parties to file for licenses in the unserved portions of the market. Unserved areas of the market not licensed pursuant to Phase I become available for licensing through Phase II procedures. 47 C.F.R. §§ 22.131(b)(3), 22.949(b). A Phase II application is granted if no other mutually exclusive application is filed within 30 days of the public notice of the initial filing. If mutually exclusive applications are filed, the matter is resolved via competitive bidding. 47 C.F.R. § 22.951. 47 C.F.R. § 1.929(b). Report and Order, 17 FCC Rcd at 18438-18440. Id. at 18439, para. 77.
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  • without the possibility of competing applications from other carriers. The unserved area process begins with Phase I, which is a one-time, one-day window for all interested parties to file for licenses in the unserved portions of the market. Unserved areas of the market not licensed pursuant to Phase I become available for licensing through Phase II procedures. 47 C.F.R. §§ 22.131(b)(3), 22.949(b). A Phase II application is granted if no other mutually exclusive application is filed within 30 days of the public notice of the initial filing. If mutually exclusive applications are filed, the matter is resolved via competitive bidding. 47 C.F.R. § 22.951. 47 C.F.R. § 1.929(b). Report and Order, 17 FCC Rcd at 18438-18440. Id. at 18439, para. 77.
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  • television service licenses, and licenses and construction permits for noncommercial educational broadcast stations and public broadcast stations under 47 U.S.C. § 397(6). See 47 U.S.C. §§ 309(j)(1) & (2). This auction will be limited to the parties in each of the nine groups of applicants that have filed mutually exclusive applications, which constitute closed filing groups. See 47 C.F.R. § 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. See 47 C.F.R. §§ 1.2105(a) & (b), 1.2106. See 47 C.F.R. §§ 1.2101-1.2113. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz,
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  • television service licenses, and licenses and construction permits for noncommercial educational broadcast stations and public broadcast stations under 47 U.S.C. § 397(6). See 47 U.S.C. §§ 309(j)(1) & (2). This auction will be limited to the parties in each of the nine groups of applicants that have filed mutually exclusive applications, which constitute closed filing groups. See 47 C.F.R. § 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. See 47 C.F.R. §§ 1.2105(a) & (b), 1.2106. See 47 C.F.R. §§ 1.2101-1.2113. See Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, 4660-4685 MHz,
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  • groups of mutually exclusive general aviation applications. Because these are closed filing groups, the auction of the licenses for which these applications have been filed will be limited to the parties in each of the nine groups of applicants that have filed mutually exclusive applications. Air-Ground Auction Notice, 20 FCC Rcd at 4464 ¶ 169. See also 47 C.F.R. § 22.131. These parties will be required to file short-form applications (FCC Form 175) and submit upfront payments to participate in the auction. Air-Ground Auction Notice, 20 FCC Rcd at 4464 ¶ 169. See also 47 C.F.R. §§ 1.2105(a) & (b), 1.2106. Air-Ground Order, 20 FCC Rcd at 4431 ¶ 53. Id. Id. See Space Data Petition at 4-8. See Space Data
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  • Unserved Area. With regard to a channel block allocated for assignment in the Cellular Radiotelephone Service: Geographic area in the District of Columbia, or any State, Territory or Possession of the United States of America that is not within any Cellular Geographic Service Area of any cellular system authorized to transmit on that channel block. * * * Amend Section 22.131 by revising paragraphs (c)(3)(iii) and (d)(2)(iv), to read as follows: culated by the method set forth in section 22.911(a), must remain within the CGSA; the licensee must seek prior approval (using FCC Form 601) regarding any transmitters to be added under this section that would cause a change in the CGSA boundary. See § 22.953. (2) With regard to an
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  • why a Phase I window has never been opened for this Block). 18See 47 C.F.R. § 22.949(b). A minimum coverage requirement of 50contiguous square miles applies to all applications for Unserved Area, unless submitted by a licensee that wishes to expand its existing Cellular system using Unserved Area. See 47 C.F.R. § 22.951. 19See47 C.F.R. § 22.949(b)(2) (citing id. § 22.131). See also id. §§ 22.131(c)(3)(iii) (explaining howmutual exclusivity is determined) and 22.960. The most recent such auction was in 2008. See "Closed Auction of Licenses for Cellular Unserved Service Area Scheduled for June 17, 2008, Notice and Filing Requirements, Minimum (continued....) 1748 Federal Communications Commission FCC 12-20 authorized site and the licensee must be providing service to subscribers by the
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  • licenses in the same service or in more than one service will be able to submit basic licensee information (e.g., Federal Communications Commission FCC 98-25 For amendment rules, see, e.g., 47 C.F.R. §§ 22.122, 24.42, 90.164, and 101.29. For modification rules, see, 54 e.g., 47 C.F.R. §§ 21.40, 22.163, 90.164, 95.133, 97.21, and 101.57. See, e.g., 47 C.F.R. §§ 1.962, 22.131(d). 55 14 name, address, ownership information) only once, and ULS can automatically incorporate this information into all subsequent applications associated with the same applicant. In each subsequent filing, the applicant would be certifying that the prefilled information on the application remains correct. Thus, licensees need not resubmit licensee information that is already in the system unless that information has changed,
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  • (A) alter spectrum allocation criteria and procedures established by the other provisions of this Act; *** (E) be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation, threshold qualifications, service regulations, and other means in order to avoid mutual exclusivity in application and licensing proceedings; ... Cf. 47 C.F.R. § 22.131(c)(4). Id. at 11. 29 8 1994 Public Notice and subsequent public notices issued during the five week period prior to the filing deadline, evidence that a substantial number of parties found themselves aptly prepared to participate in the IVDS auction. As a result, we find Phase One's contention to be unpersuasive. 2. Rules Prohibiting Settlement and Collusion 11. Background. In
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  • a Public Federal Communications Commission FCC 97-59 See 47 C.F.R. § 22.351. 20 See 47 C.F.R. §§ 22.3, 22.105, 22.123(e), and 22.567. 21 Part 22 defines applications as mutually exclusive if (1) more than one application is pending, and (2) the grant 22 of one application would preclude the grant of the other(s) under applicable Commission rules. 47 C.F.R. § 22.131. See Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, PP Docket No. 93-253, 23 Second Report and Order, 9 FCC Rcd 2348, 2359, ¶ 61 (1994) (Competitive Bidding Second Report and Order). The 929-930 MHz channels available on an exclusive basis are listed in Section 90.494(a). 47 C.F.R. § 90.494(a). 24 The shared 929-930 MHz channels, 929.0375,
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  • FCC rules or application forms; (d) Propose operation of a facility in compliance with all rules governing the Public Mobile service; (e) Be amended as necessary to remain substantially accurate and complete in all significant respects, in accordance with the provisions of § 1.65 of this chapter; and, (f) Be signed in accordance with § 1.743 of this chapter. § 22.131 Procedures for mutually exclusive applications. Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules governing the Public Mobile Services involved. The Commission uses the general procedures in this section for processing mutually exclusive applications in the Public Mobile Services. Additional
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  • and emerging technologies, and to consider the benefits to the public, as specified in Section 309(j)(3)(B) of the Communications Act, of employing a competitive bidding system for assigning 39 GHz licenses." Id. The final disposition of this issue is discussed in para. 21 below. 86 F.3d 248 (D.C. Cir. 1996). 69 BizTel MO&O Petition at 12-13. 70 47 C.F.R. § 22.131(b). 71 McElroy Elec. Corp., 86 F.3d at 251-52. 72 Id. at 255-58. 73 BizTel MO&O Petition at 12-13; BizTel Supplemental Comments at 12. 74 11 consider BizTel's legal challenge to the unlawful policies adopted in the [NPRM and Order]." It specifies two 64 arguments that it claims were raised earlier but not addressed. One is that the freeze violates Section
• 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
  • licenses in the same service or in more than one service will be able to submit basic licensee information (e.g., Federal Communications Commission FCC 98-25 For amendment rules, see, e.g., 47 C.F.R. §§ 22.122, 24.42, 90.164, and 101.29. For modification rules, see, 54 e.g., 47 C.F.R. §§ 21.40, 22.163, 90.164, 95.133, 97.21, and 101.57. See, e.g., 47 C.F.R. §§ 1.962, 22.131(d). 55 14 name, address, ownership information) only once, and ULS can automatically incorporate this information into all subsequent applications associated with the same applicant. In each subsequent filing, the applicant would be certifying that the prefilled information on the application remains correct. Thus, licensees need not resubmit licensee information that is already in the system unless that information has changed,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992208.doc
  • Georgia ) ORDER Adopted: October 15, 1999 Released: October 15, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. By this Order, we grant Paging Systems Inc.'s (Paging Systems) Petition to Dismiss or Deny (Petition) the above-captioned application, filed by Donna Kramer (Kramer) because Kramer's application was not timely filed. 2. Pursuant to sections 22.131 of the Commission's rules, which were in effect on the date Kramer filed her application, an application will be dismissed if it is not filed within 30 days after the date a mutually exclusive application has been put on public notice. The record indicates that Paging Systems filed an application for frequency 454.375 MHz in Atlanta, Georgia on August 24,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992740.doc
  • Bureau Part 21 Receipts and Disposals, Report No. 1089 (rel. June 29, 1994). FCC File No. 9404182. Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. July 6, 1994). Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1117 (rel. Jan. 11, 1995). 47 C.F.R. §§ 101.29(c)(1)(i), 101.45(c) (formerly 47 C.F.R. §§ 22.131 and 22.122, respectively). 47 C.F.R. §§ 101.37(1) (formerly 47 C.F.R. §§ 22.127). 47 C.F.R. § 101.45(e) (formerly 47 C.F.R. § 22.131); see also Advanced Radio, 14 FCC Rcd. at 2131-32. On August 26, 1994, Bachow submitted two applications for 39 GHz authorization on Channel 12A/B (FCC File Nos. 9409308 (Philadelphia, PA) and 9409326 (New York/NJ). Public Notice, Wireless Telecommunications Bureau
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001532.doc
  • NPRM, 12 FCC Rcd at 18645 ¶ 97. FCC File No. 9404182; see Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). FCC File No. 9405456. Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1117 (rel. Jan. 11, 1995). 47 C.F.R. §§ 101.29(c)(1)(i), 101.45(c) (formerly 47 C.F.R. §§ 22.131 and 22.122, respectively). 47 C.F.R. §§ 101.37(1) (formerly 47 C.F.R. §§ 22.127). Order, 14 FCC Rcd at 20750 ¶ 8. FCC File No. 9404184. Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals, Report No. 1090 (rel. Jul. 6, 1994). FCC File No. 9405449. FCC File No. 9405462; see Public Notice, Wireless Telecommunications Bureau Part 21 Receipts and Disposals,
• http://www.fcc.gov/ogc/documents/opinions/2000/97-1245.doc http://www.fcc.gov/ogc/documents/opinions/2000/97-1245.html
  • reviewed each site-specific appli-cation preliminarily for formal compliance and issued public notice of acceptance of filing. See id. § 22.120. Generally, if an applicant's proposed service would overlap and interfere with an incumbent licensee's transmission, the application was denied. See id. § 22.537(a). When mutually exclusive site-specific applications were filed, a single applicant was selected by lottery. See id. § 22.131(c)(1). In the challenged rulemaking the FCC replaced the site-specific licensing process with a scheme of geographic licenses. The new scheme authorizes a licensee to operate a transmitter anywhere within the licensed geographic area without notice to the FCC of the transmitter's operation or of its precise location. The geographic licensee must, however, protect incumbent operators in the geographic area and