FCC Web Documents citing 22.853

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1001A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1001A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1001A1.txt
  • common controlling interest. Accordingly, since the Havens Parties report on their short-forms that they share a common controlling interest, the Auction No. 65 system will prevent them from both becoming winning bidders in that auction. Discussion Request for Declaratory Ruling The Havens Parties pose four questions relating to the 800 MHz Air-Ground Service eligibility restriction, which is found at Section 22.853 of the Commission's rules. Each question in the Petition is followed by additional argument concerning rules established by the Commission's Air-Ground Order, which the Havens Parties now believe warrant further clarification. The Havens Parties concede that they did not participate in the rulemakings that established these services rules, and only recently became interested in this auction and the 800 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-984A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-984A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-984A1.txt
  • on both licenses. Nevertheless, one of the bids placed by a bidder, or by multiple bidders that together may not hold more than one license, may be selected as a provisionally winning bid. The FCC Auction System's selection of provisionally winning bids does not constitute a Commission determination that winning bidders are eligible to hold a license pursuant to Section 22.853 or any other Commission rule. The restriction against selecting more than one provisionally winning bid from bids by multiple bidders with a shared controlling interest will be implemented based on information the applicants provided in short-form applications to participate in the auction. Each winning bidder remains responsible for compliance with all applicable Commission rules governing applications for a license and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1197A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1197A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1197A1.txt
  • a decision of the Auctions and Spectrum Access Division (``Division'') denying their petition for declaratory ruling and motion for stay (``Petition'') of the auction last year of 800 MHz Air-Ground Radiotelephone Service licenses (Auction No. 65). In their Petition, the Havens Parties had sought an interpretation of the eligibility restriction for 800 MHz Air-Ground Radiotelephone licenses set forth in Section 22.853 of the Commission's Rules. In addition, we also address a Petition for Reconsideration filed by the Havens Parties with respect to the applications of AC BidCo LLC (``AC BidCo'') and LiveTV LLC (``LiveTV'') for authorization to provide Air-Ground Radiotelephone Service in the 800 MHz Band (``Auction No. 65 Applications Reconsideration Petition''). For the reasons explained below, we find that the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1254A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1254A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1254A1.txt
  • comment period, we will consider them as ex parte submissions. The Commission's rules governing radiotelephone service to airborne mobile subscribers in general aviation aircraft are primarily found in Part 22, Subpart G. See 47 C.F.R. §§ 22.801-22.817. Air-ground service for commercial aviation systems operates in different frequency bands and is governed by separate rules. See 47 C.F.R. §§ 22.801 and 22.853 et seq. Waiver Request at ii. 47 C.F.R. § 22.817 (introductory paragraph, (a)-(c), and (e)). 47 C.F.R. § 22.817 (introductory paragraph, (a) and (f)). See 47 C.F.R. § 1.925(a) (stating the ``Commission may waive specific provisions of the rules on its own motion . . . .''). 47 C.F.R. § 22.813(a). 47 C.F.R. § 22.813(b). See 47 C.F.R. § 22.805.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1254A1_Rcd.pdf
  • the reply comment period, we will consider them as ex partesubmissions. 4The Commission's rules governing radiotelephone service to airborne mobile subscribers in general aviation aircraft are primarily found in Part 22, Subpart G. See 47 C.F.R. §§ 22.801-22.817. Air-ground service for commercial aviation systemsoperates in different frequency bands and is governed by separate rules. See 47 C.F.R. §§ 22.801 and 22.853 et seq. 5Waiver Request at ii. 647 C.F.R. § 22.817 (introductory paragraph, (a)-(c), and (e)). 8581 Federal Communications Commission DA 10-1254 channels in the same service area.7Petitioners also ask the Commission to waive the 12-month construction period requirement of section 22.815 to allow an extended build-out period of 24 months for their planned nationwide network. For the reasons stated below,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-963A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-963A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-963A1.txt
  • and intensive bandwidth use. ii. Section 310(d) APPLICATION The application for consent to the full assignment of the 800 MHz Commercial Air-Ground license from LiveTV to Gogo has been assigned the following file number: File No. Licensee/Assignor Assignee Lead Call Sign 0005185165 LiveTV, LLC AC BidCo LLC WQFX729 III. REQUEST FOR RULE WAIVERS The Applicants request a waiver of Section 22.853 of the Commission's rules, which provides that ``[n]o individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum (either shared or exclusive) in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands.'' The Commission adopted Section 22.853 prior to the auction and licensing of the two
• 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
  • field polarization of the wave emitted by the antenna when installed as proposed; (3) * * * Remove Section 22.811. Revise Section 22.815 in its entirety to read as follows: § 22.815 Construction period for general aviation ground stations. The construction period (see § 1.946) for general aviation ground stations is 12 months. Remove Section 22.819. Add a new Section 22.853 to read as follows: § 22.853 Eligibility to hold interest in licenses limited to 3 MHz of spectrum. No individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum (either shared or exclusive) in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands (see § 22.857).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-287A1_Erratum.doc
  • field polarization of the wave emitted by the antenna when installed as proposed; (3) * * * Remove Section 22.811. Revise Section 22.815 in its entirety to read as follows: § 22.815 Construction period for general aviation ground stations. The construction period (see § 1.946) for general aviation ground stations is 12 months. Remove Section 22.819. Add a new Section 22.853 to read as follows: § 22.853 Eligibility to hold interest in licenses limited to 3 MHz of spectrum. No individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum (either shared or exclusive) in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands (see § 22.857).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-66A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-66A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-66A1.txt
  • Opinion and Order, we deny an application for review of the Wireless Telecommunications Bureau's denial of a Petition for Declaratory Ruling filed jointly by two Auction 65 applicants controlled by Warren Havens, as well as their challenge to the auction itself. The two applicants seek reversal of a series of staff-level decisions responding to their request for clarification of section 22.853 of our rules. This rule prohibits any individual or entity from holding a controlling interest in more than three megahertz of spectrum in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands, the spectrum available in Auction 65. The two applicants further seek to overturn the results of the auction, and they challenge the long-form applications of the winning