FCC Web Documents citing 22.143

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-205A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-205A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-205A1.txt
  • served. Id. The Commission has provided that certain applicants in the public mobile services do not require a construction permit, see Revision and Update of Part 22 of the Public Mobile Radio Services Rules, Report and Order, 95 FCC 2d 769, 773-74 ¶ 16 (1987), and may construct facilities prior to the grant of their application. See 47 C.F.R. § 22.143. In contrast, construction permits are required for broadcast service applicants. See 47 C.F.R. § 73.3533. 47 U.S.C. § 307(b). In keeping with its statutory mandate, the Commission presumes that every community of "appreciable size,'' Plainview Radio, Decision, 24 FCC 405, 421 ¶ 13 (1958), needs at least one radio station for local self-expression. Bie Broadcasting Co., Decision, 81 FCC 2d
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.txt
  • all cases, consistent with the assessment set forth in paragraph 28 above, we propose to replace the term ``common carrier'' in those definitions with the term ``licensee.'' We note that we do not propose to alter the inclusion of ``telecommunications common carrier'' as a defined term in section 22.99. Licensing Requirements and Procedures Construction Prior to Grant of Application. Section 22.143(d)(4) provides that for any pre-grant construction or alteration that would exceed the requirements of section 17.7, the licensee must notify the FAA and file ``a request for antenna height clearance and obstruction and marking specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325.'' We propose to make an editorial correction to the Form 854 filing
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • condition when combined with binding dispute resolution, arguing that it ``incentivizes the E Block licensee to reach a mutually beneficial agreement with the NPSL in a timely manner.'' Frontline 700 MHz Further Notice Comments at 44. As stated elsewhere, the Commission will retain the option of engaging in binding dispute resolution in the event negotiations are unsuccessful. 47 C.F.R. § 22.143. See 47 C.F.R. §§ 1.2107-1.2109. 47 U.S.C. § 155(c)(1). See 47 C.F.R. § 1.2104(g). See, e.g., 47 C.F.R. § 1.2109. APCO 700 MHz Further Notice Comments at 17; Cyren Call 700 MHz Further Notice Comments at 15; NPSTC 700 MHz Further Notice Comments at 11. See, e.g., NPSTC 700 MHz Further Notice Comments at 11-12. See, e.g., Frontline 700 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1364A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1364A1.txt
  • Thus, these rule changes do not mean that common carriers lose any legal or regulatory protections. The FCC's objective was to remove the requirement that Part 22 licensees be common carriers (i.e., remove the eligibility restriction), without impacting the ability of licensees to choose such status if so desired. Licensing Requirements and Procedures Construction Prior to Grant of Application Section 22.143(d)(4) of the rules provides that, for any pre-grant construction or alteration that would exceed the requirements of Section 17.7 (47 C.F.R. § 17.7 - antenna structures requiring notification to the FAA) the licensee must notify the FAA and file ``a request for antenna height clearance and obstruction and marking specifications (FCC Form 854).'' The Commission revised this form by amending
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1108A1.pdf
  • to grant of the license, but to ensure that such build-out does not frustrate the interests of publicsafety or preempt the negotiations regarding the appropriate build-out schedule, the Commission required that any such build-out occur only with the approval of the Public Safety Broadband Licensee. As is the case under the service rules for other spectrum licenses (47 C.F.R. § 22.143), such construction is conducted at the sole risk of the applicant, is subject to the Commission's authority to provide notification to stop such build-out, and cannot result in commercial operation unless and until the Commission has granted the D Block license. Timeframefor Negotiation.The Commission required the parties to commence negotiations on the terms of the NSA on the date that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1.txt
  • in this paragraph. However, if such an application is amended in a manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such notice shall be required. ***** PART 22 - PUBLIC MOBILE SERVICES The authority citation for Part 22 continues to read as follows: Authority: 47 U.S.C. §§ 154, 222, 303, 309 and 332. Section 22.143 is amended by revising paragraph (d)(4) to read as follows: § 22.143 Construction prior to grant of application. ***** (d)***** (4) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), secured a valid FAA determination of ``no
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-558A1_Rcd.pdf
  • forth in this paragraph. However, if such an application is amended in a manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such notice shall be required. ***** PART 22 ­PUBLIC MOBILE SERVICES 1.The authority citation for Part 22 continues to read as follows: Authority: 47 U.S.C. §§ 154, 222, 303, 309 and 332. 2.Section 22.143 is amended by revising paragraph (d)(4) to read as follows: § 22.143 Construction prior to grant of application. ***** (d)***** (4) For any construction or alteration that would exceed the requirements of § 17.7 ofthis chapter, the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), secured a valid FAA determination of "no hazard,"
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-205A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-205A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-205A1.txt
  • served. Id. The Commission has provided that certain applicants in the public mobile services do not require a construction permit, see Revision and Update of Part 22 of the Public Mobile Radio Services Rules, Report and Order, 95 FCC 2d 769, 773-74 ¶ 16 (1987), and may construct facilities prior to the grant of their application. See 47 C.F.R. § 22.143. In contrast, construction permits are required for broadcast service applicants. See 47 C.F.R. § 73.3533. 47 U.S.C. § 307(b). In keeping with its statutory mandate, the Commission presumes that every community of "appreciable size,'' Plainview Radio, Decision, 24 FCC 405, 421 ¶ 13 (1958), needs at least one radio station for local self-expression. Bie Broadcasting Co., Decision, 81 FCC 2d
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-95A1.txt
  • all cases, consistent with the assessment set forth in paragraph 28 above, we propose to replace the term ``common carrier'' in those definitions with the term ``licensee.'' We note that we do not propose to alter the inclusion of ``telecommunications common carrier'' as a defined term in section 22.99. Licensing Requirements and Procedures Construction Prior to Grant of Application. Section 22.143(d)(4) provides that for any pre-grant construction or alteration that would exceed the requirements of section 17.7, the licensee must notify the FAA and file ``a request for antenna height clearance and obstruction and marking specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325.'' We propose to make an editorial correction to the Form 854 filing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1.txt
  • carrier status should still entail protections to CMRS providers. We agree. Consequently, we emphasize that our objective here is to remove the requirement that Part 22 licensees be common carriers (i.e., remove the eligibility restriction), without impacting the ability of licensees to choose such status if so desired. Licensing Requirements and Procedures Construction Prior to Grant of Application Background. Section 22.143(d)(4) of our rules provides that, for any pre-grant construction or alteration that would exceed the requirements of Section 17.7, the licensee must notify the FAA and file ``a request for antenna height clearance and obstruction and marking specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325.'' In the Notice, we proposed to make an editorial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1_Erratum.doc
  • carrier status should still entail protections to CMRS providers. We agree. Consequently, we emphasize that our objective here is to remove the requirement that Part 22 licensees be common carriers (i.e., remove the eligibility restriction), without impacting the ability of licensees to choose such status if so desired. Licensing Requirements and Procedures Construction Prior to Grant of Application Background. Section 22.143(d)(4) of our rules provides that, for any pre-grant construction or alteration that would exceed the requirements of Section 17.7, the licensee must notify the FAA and file ``a request for antenna height clearance and obstruction and marking specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325.'' In the Notice, we proposed to make an editorial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • condition when combined with binding dispute resolution, arguing that it ``incentivizes the E Block licensee to reach a mutually beneficial agreement with the NPSL in a timely manner.'' Frontline 700 MHz Further Notice Comments at 44. As stated elsewhere, the Commission will retain the option of engaging in binding dispute resolution in the event negotiations are unsuccessful. 47 C.F.R. § 22.143. See 47 C.F.R. §§ 1.2107-1.2109. 47 U.S.C. § 155(c)(1). See 47 C.F.R. § 1.2104(g). See, e.g., 47 C.F.R. § 1.2109. APCO 700 MHz Further Notice Comments at 17; Cyren Call 700 MHz Further Notice Comments at 15; NPSTC 700 MHz Further Notice Comments at 11. See, e.g., NPSTC 700 MHz Further Notice Comments at 11-12. See, e.g., Frontline 700 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • condition when combined with binding dispute resolution, arguing that it ``incentivizes the E Block licensee to reach a mutually beneficial agreement with the NPSL in a timely manner.'' Frontline 700 MHz Further Notice Comments at 44. As stated elsewhere, the Commission will retain the option of engaging in binding dispute resolution in the event negotiations are unsuccessful. 47 C.F.R. § 22.143. See 47 C.F.R. §§ 1.2107-1.2109. 47 U.S.C. § 155(c)(1). See 47 C.F.R. § 1.2104(g). See, e.g., 47 C.F.R. § 1.2109. APCO 700 MHz Further Notice Comments at 17; Cyren Call 700 MHz Further Notice Comments at 15; NPSTC 700 MHz Further Notice Comments at 11. See, e.g., NPSTC 700 MHz Further Notice Comments at 11-12. See, e.g., Frontline 700 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
  • in this paragraph. However, if such an application is amended in a manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such notice shall be required. ***** PART 22 - PUBLIC MOBILE SERVICES The authority citation for Part 22 continues to read as follows: Authority: 47 U.S.C. §§ 154, 222, 303, 309 and 332. Section 22.143 is amended by revising paragraph (d)(4) to read as follows: § 22.143 Construction prior to grant of application. ***** (d)***** (4) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), secured a valid FAA determination of ``no
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • forth in this paragraph. However, if such an application is amended in a manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such notice shall be required. ***** PART 22 ­PUBLIC MOBILE SERVICES 1.The authority citation for Part 22 continues to read as follows: Authority: 47 U.S.C. §§ 154, 222, 303, 309 and 332. 2.Section 22.143 is amended by revising paragraph (d)(4) to read as follows: § 22.143 Construction prior to grant of application. ***** (d)***** (4) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter, the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), secured a valid FAA determination of "no
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • 2 kilometers (1.2 miles) from any existing transmitters of the applicant licensee on the requested channel or channel block; or (iv) Any application to expand the CGSA of a cellular system (as defined in § 22.911), except during the five-year build-out period. (v) Any "short-form" application (filed on FCC Form 175) requesting a new paging geographic area authorization. 10 § 22.143 Construction prior to grant of application. Applicants may construct facilities in the Public Mobile services prior to grant of their applications, subject to the provisions of this section, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct facilities in the Public
• http://wireless.fcc.gov/auctions/41/releases/fc970140.pdf http://wireless.fcc.gov/auctions/41/releases/fc970140.txt http://wireless.fcc.gov/auctions/41/releases/fc970140.wp
  • block licenses); Waiver Order I, at 5 (waiving partnership agreement disclosure requirement for short-form applications for A and B block licenses). 234 See Part One NPRM, FCC 97-60 at 51-52. 235 CMRS Third Report and Order, 9 FCC Rcd at 8153. There, we extended the pre-grant construction rule applicable to Part 22 licensees to all CMRS providers. See 47 C.F.R. 22.143. 236 See Public Notice, "Personal Communications Service Information, Broadband," Report No. CW-95-02 (rel. Apr. 12, 1995). 237 Id. Federal Communications Commission FCC 97-140 47 104. Discussion. We propose to modify our pre-licensing construction requirements for both broadband and narrowband PCS in order to expedite service to the public.238 Specifically, we propose that long-form applicants may begin construction of facilities at
• http://wireless.fcc.gov/auctions/general/releases/fc970060.pdf http://wireless.fcc.gov/auctions/general/releases/fc970060.txt http://wireless.fcc.gov/auctions/general/releases/fc970060.wp
  • prescribed conditions, to construct their facilities prior to license grant. We subsequently 177 Construction After Filing FCC Form 401, But Prior to Receiving An Authorization, Memorandum Opinion and Order, 5 FCC Rcd 6182 (1990)(expanding rules to all Public Mobile Service applicants). The provision was originally codified at 47 C.F.R. § 22.43(d) and now as amended appears at 47 C.F.R. § 22.143. Implementation of Sections 3(n) and 332 of the Communications Act, Third Report and Order, 9 FCC Rcd 7988, 178 8153 (1994). See Public Notice, "Personal Communications Service Information, Broadband" Report No. CW-95-02 (released 179 Apr. 12, 1995). Id. 180 49 determined that Part 22 and Part 90 commercial mobile radio service applicants should be subject to the same rules governing
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • any investigation conducted by the Commission or the Department of Justice regarding bid signaling or other bidding activity); Mercury NALF (assessing a $650,000 forfeiture for an apparent violation of Section 1.2105(c) by placing trailing numbers at the end of its bids to disclose its bidding strategy in a reflexive manner that invited collusive behavior). Id. 467 See 47 C.F.R. § 22.143. 468 Notice at ¶ 104. 469 Id. 470 96 166. Finally, we reemphasize that the Commission will aggressively investigate any allegations that an auction participant has violated Section 1.2105(c). Bidders who are found 465 to have violated the Commission's anti-collusion rules may, among other sanctions, be subject to the loss of their down payment or their full bid amount, face
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr98-8.pdf
  • MAR 1996 14,582.489 23,712.140 38,294.629 29.022 86.955 115.977 14,611.511 23,799.095 38,410.606 APR 1996 14,553.935 23,986.014 38,539.950 26.839 84.462 111.301 14,580.774 24,070.476 38,651.251 MAY 1996 14,403.124 23,901.164 38,304.288 26.786 83.404 110.190 14,429.910 23,984.568 38,414.478 JUN 1996 14,163.962 23,382.827 37,546.789 24.552 75.553 100.105 14,188.514 23,458.380 37,646.894 JUL 1996 14,354.696 23,777.717 38,132.414 23.998 75.834 99.832 14,378.694 23,853.551 38,232.246 AUG 1996 14,805.727 25,221.260 40,026.987 22.143 70.779 92.922 14,827.870 25,292.039 40,119.909 SEP 1996 14,518.738 24,873.456 39,392.194 20.624 65.062 85.686 14,539.362 24,938.518 39,477.880 OCT 1996 14,570.488 25,399.262 39,969.751 20.101 63.133 83.235 14,590.589 25,462.395 40,052.986 NOV 1996 14,709.811 25,451.137 40,160.948 19.017 60.847 79.864 14,728.828 25,511.984 40,240.812 DEC 1996 14,912.017 25,397.760 40,309.777 18.917 58.390 77.308 14,930.934 25,456.150 40,387.085 JAN 1997 15,587.481 25,103.878 40,691.360 15.577 52.031 67.609 15,603.058 25,155.909 40,758.969
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • l Restrictions on operation prior to grant of authorizations for paging and cellular should be eased in a manner similar to Part 10 1 guidelines (see 5 10 1.3 1). Under Part 10 1, fixed microwave applicants are permitted to operate systems at their own risk prior to the grant of an authorization if certain specific requirements are met (0 22.143 permits construction prior to grant, but not operation). l Developmental Licensing Guidelines (94 22.401 - 22.417): l Classification of developmental applications as "major" actions (0 22.123(b)) should be modified; these are more appropriately "minor" applications. l Requirement that a petition for rule making be filed prior to receiving developmental authorization and other extensive limitations on the capability of entities seeking
• http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-205A1.pdf
  • served. Id. The Commission has provided that certain applicants in the public mobile services do not require a construction permit, see Revision and Update of Part 22 of the Public Mobile Radio Services Rules, Report and Order, 95 FCC 2d 769, 773-74 ¶ 16 (1987), and may construct facilities prior to the grant of their application. See 47 C.F.R. § 22.143. In contrast, construction permits are required for broadcast service applicants. See 47 C.F.R. § 73.3533. 47 U.S.C. § 307(b). In keeping with its statutory mandate, the Commission presumes that every community of "appreciable size,'' Plainview Radio, Decision, 24 FCC 405, 421 ¶ 13 (1958), needs at least one radio station for local self-expression. Bie Broadcasting Co., Decision, 81 FCC 2d