FCC Web Documents citing 22.911

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

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  • the geographic area considered by the FCC to be served by a cellular system, and within which a cellular system is entitled to protection from interference. ``CGSA Investigation'' means the investigation commenced by the Bureau's June 11, 2009 letter of inquiry pertaining to possible violations of the CGSA Modification Rules. ``CGSA Modification Rules'' means Sections 1.929(b), 1.947(a) and (b), and 22.911 of the Rules and other Communications Laws governing the filing of applications to modify a licensee's cellular geographic service area. ``Commission'' and ``FCC'' mean the Federal Communications Commission and all of its bureaus and offices. ``Communications Laws'' means collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which Verizon Wireless is subject
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  • 22.919). Cellular channelization rules (Section 22.905). Cellular analog modulation requirements and out-of-band emission limitations (Sections 22.915 and 22.917). We also propose greater flexibility in our out-of-band emission rules for broadband Personal Communications Services (PCS). Cellular wave polarization requirement (Section 22.367(a)(4)). Rule governing cellular System Identification Numbers (SIDs) (Section 22.941) Alternative methods for determining a Cellular Geographic Service Area (CGSA) (Section 22.911). Service commencement and construction periods (Section 22.946). We seek comment on potential modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. Specifically, we propose to modify or eliminate Section 22.323, which imposes conditions on the provision of ``incidental'' services by Public Mobile Services providers. In connection with our review of the
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  • 20.6(d)(5). Finally, ownership interests held through successive subsidiaries are calculated by using a multiplier. Id. � 20.6(d)(8). Id. � 20.6(c). For spectrum cap purposes, the relevant geographic area for cellular spectrum is the Cellular Geographic Service Area (CGSA), i.e., the composite 32 dBu service area contour within which the cellular system is entitled to protection from interference. See id. � 22.911. For broadband PCS spectrum, the relevant area is the licensed service area, which can be either a Major Trading Area (MTA) or a Basic Trading Area (BTA). See id. � 24.202. SMR service can be licensed by economic areas (EAs), by MTAs, or by service area contour. BTAs and MTAs are based on material copyrighted ( 1992 Rand McNally &
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  • to FAA regulations.''' This rule was adopted in Amendment of Sections of Part 22 of the Commission's Rules in the Matter of Airborne Use of Cellular Telephones and the Use of Cell Enhancers in the Domestic Public Cellular Radio Service, Report and Order, 7 FCC Rcd 23 (1991) (Airborne Use of Cellular Telephones). The prohibition originally was adopted as section 22.911 but was subsequently renumbered section 22.925. Airborne Use of Cellular Telephones, 7 FCC Rcd at 23-24. Part 90 land mobile operations, which include Specialized Mobile Radio, are permitted aboard aircraft so long as: (1) the aircraft is regularly flown at altitudes of less than 1.6 km above the earth's surface; (2) the transmitter output power does not exceed ten watts;
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  • by WWC Holding Co., Inc. (WWC or Applicant) seeking Commission approval of an extension of its Cellular Geographic Service Area (CGSA). For the reasons discussed below, we dismiss NECC's Petition. 2. The WWC application appeared on Public Notice as accepted for filing on June 30, 1999. The WWC application proposes an alternative method for calculating its CGSA, pursuant to Section 22.911(b) of the Commission's rules. On July 30, 1999, the Petitioner filed five Phase II Cellular Unserved Area applications which Petitioner asserts are mutually-exclusive with WWC's application. On August 26, 1999, the Division released a Public Notice stating that NECC's five applications and WWC's application appeared to be mutually-exclusive and designating the six applications for auction. On October 13, 1999, more
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  • 7 Saguache Limited Partnership (Saguache Partnership) and 7(B)(2) Partnership are adjacent licensees. Grant of the above-captioned application would authorize 7(B)(2) Partnership to establish a cellular geographic service area (CGSA) that overlaps Saguache Partnership's CGSA. Sections 22.912(b) and (c) of the Commission's rules require the consent of the adjacent licensee for service area boundary (SAB) extensions into its CGSA. Likewise, section 22.911(d)(2)(i) requires the written consent of the adjacent licensee if the SAB of one cellular system will overlap the CGSA of another system. In 7(B)(2) Partnership's Emergency Request to Rescind Order (Emergency Request), filed on Septemer 11, 1998, it argues that the September 4 Order erroneously states that CINC held a controlling interest in the Saguache Partnership, and thus the subject
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  • We therefore grant Zephyr's application requesting authority to provide cellular service in the Oklahoma 4-Nowata RSA. Our grant of Zephyr's application is conditioned upon Zephyr filing a minor modification application within thirty days of the release of this Order to conform its service area boundary (SAB) and cellular geographic service area (CGSA) determination to comply with current Commission rule section 22.911. Failure to submit the required modification application in compliance with current rule 22.911, as set forth in the special condition on the authorization, shall result in a set aside of this Order and the automatic cancellation of the Zephyr's authorization under File No. 11022-CL-P-599-A-89. 6. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( ( ( ( ( ( \ Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) ALLTEL SOUTHEAST ALABAMA ) File No. 07478-CL-MP-95 RURAL CELLULAR, L.P. ) ) For Authorization to Compute ) Its CGSA Using Alternative Propagation ) Methodology Under Section 22.911(b) ) Of the Commission's Rules ) ORDER Adopted: February 23, 2000 Released: February 24, 2000 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On October 30, 1995, Public Service Cellular, Inc. (Public Service) filed a petition to dismiss or deny (Petition) the above-captioned application (Application) of ALLTEL Southeast Alabama Rural Cellular Limited Partnership (ALLTEL).
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  • is a cellular radiotelephone carrier licensed in the adjacent Mobile, Alabama, Metropolitan Statistical Area (``MSA''). Bachow contends that the Service Area Boundaries (``SABs'') for three of GTE's cell sites overlap Bachow's protected Cellular Geographic Service Area (``CGSA''). Bachow seeks an order directing GTE to modify the three cell sites to eliminate these overlaps. We find that GTE has violated sections 22.911(d) and 22.912 of the Commission's rules by having the SABs of the three cell sites overlap the Gulf of Mexico CGSA and we direct GTE to modify the three cell sites to eliminate the unlawful SAB extensions. II. REGULATORY Background The regulatory background supporting this proceeding is complex and merits a brief discussion to understand the legal basis for this
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  • of section 22.949(a)(1)(iii) of the Commission's rules. In addition, the Partnership application seeks to obtain a license for spectrum that is not available in violation of section 22.128(e)(2) of the Commission's rules because the geographic area for which the partnership is seeking to provide service is already licensed to GTE on an exclusive basis. Finally, the partnership's application violates section 22.911 of the Commission's rules because it interferes with GTE's cellular system without obtaining written consent. 4. We also dismiss the Partnership's Opposition to GTE's Petition because it was not timely filed. In a Public Notice released on February 24, 1997, the Bureau established March 26, 1997 as the deadline for filing Petitions to Deny against certain tentative selectees, including the
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  • the WWC Application). For the reasons discussed below, we dismiss NECC's Petition as moot and grant the WWC Application. The WWC application seeks to add or modify four cell sites. In its Petition, NECC alleges that WWC's initial application was defective because it failed to calculate the Cellular Geographic Service Areas (CGSAs) using the standard formula set forth in section 22.911(a) of the Commission's rules. NECC asserts that WWC's initially-proposed CGSAs included a mutually exclusive overlap with the proposed service area in NECC's Phase II application, filed on January 24, 2000. WWC amended its application on March 16, 2000 to use the Commission's standard CGSA formula, which had the effect of removing any overlap with the service area covered by NECC's
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  • 10. We therefore grant Cel-Tel's application requesting authority to provide cellular service in the Missouri 6, Marion RSA. Our grant of Cel-Tel's application is conditioned upon Cel-Tel filing a minor modification application within thirty days of the release of this Order to conform its service area boundary and cellular geographic service area determination to comply with current Commission rule section 22.911. Failure to submit the required modification application in compliance with current section 22.911, as set forth in the special condition on the authorization, shall result in a set aside of this Order and the automatic cancellation of Cel-Tel's authorization under File No. 11019-CL-P-509-A-89. 11. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309(d)(1) of the Communications Act of
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  • 2000; Amendment, filed April 26, 2000. File No. 0000160419 - Coastel Request for Special Temporary Authority, filed June 8, 2000. Action by Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Applications of Bachow/Coastel, L.L.C., and ALLTEL Illinois Limited Partnership and Associated Petitions, Joint Motion for Dismissal and Approval of Settlement Agreement, filed August 22, 2001. See e.g. Waiver of Sections 22.911(D) And 22.912(A) of the Commission's Rules to Enable GTE to Maintain Cell Sites that may extend beyond the Alabama Boundary - Mobile, MSA Market B, Call Sign KNKA 278, Gulf Of Mexico Service Area Market 306b Call Sign KNKA 412, filed March 16, 2000. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202
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  • defective because: (1) the application sought spectrum previously assigned to Concho on an exclusive basis and could not be assigned to PCM without causing harmful interference in violation of section 1.934(e)(2) of the Commission's rules; (2) the location of PCM's proposed facilities would cause harmful interference with Concho's cellular system without obtaining written consent from Concho in violation of Section 22.911 of the Commission's rules; and (3) the PCM application proposes services to a location that is not unserved in violation of section 22.949(a)(1)(iii) of the Commission's rules. 4. On December 21, 2000, PCM filed an opposition to Concho's Petition, arguing that its application is not defective because it does not propose facilities that would overlap impermissibly with Concho's cellular geographic
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  • station KNKN409, operating on the Block A frequencies in the Colorado 9-Costilla, RSA (Colorado 9). On June 25, 1999, WWC filed the captioned unserved area application (Application), requesting Commission consent to calculate the Cellular Geographic Service Area (CGSA) of existing Colorado 9 cell sites at Walsenburg, La Veta Pass, and Springfield, Colorado using an alternative method, as prescribed under section 22.911(b) of the Commission's rules. If granted, the alternative CGSA proposals in the Application would expand WWC's existing CGSA beyond the boundaries currently authorized under section 22.911(a) of the Commission's rules. WWC's Application appeared on public notice as accepted for filing on June 30, 1999. On July 30, 1999, NECC filed five Phase II Cellular Unserved Area applications. The Division released
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  • of the fill-in sites was proper. NECC also claims that a March 2000 drive test shows that Sagir was not providing reliable service in its alternative CGSA, warranting redrawing its alternative CGSA. We note that a substantial portion of the area that NECC claimed Sagir did not serve actually is outside of Sagir's alternative CGSA. We also note that section 22.911(b) of the Commission's rules provides that ``service is considered to be provided in all areas, including `dead spots''' of an alternative CGSA. Thus, the mere fact that NECC's drive test purports to show dead spots within Sagir's alternative CGSA does not require us to redraw the CGSA. Accordingly, we conclude that NECC's application is defective under Section 22.912(a) of the
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  • SERVICES SUBPART H - CELLULAR RADIOTELEPHONE SERVICE Brief Description: These rules prescribe procedures for Cellular Radiotelephone Service licensees in the public mobile services. Need: These rules are established to provide procedures for cellular licensees. The rules govern licensing, technical standards, and other matters relating to cellular service. Legal Basis: 47 U.S.C. �� 154, 303, 309, 332. Section Number and Title: 22.911 Cellular geographic service area. 22.943(b) Limitations on assignments and transfers of cellular authorizations. 22.945(c) Interests in multiple applications. 22.947(c) Five year build-out period. 22.949 Unserved area licensing process. 22.951 Minimum coverage requirement. Content and form of applications. PART 80 - STATIONS IN THE MARITIME SERVICES Brief Description: These rules include radio services in the Maritime Mobile Service, the Maritime Mobile-Satellite
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  • Adopted: November 1, 2002 Released: November 4, 2002 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: On March 15, 2002, WWC Holding Co., Inc. (WWC) filed the above-captioned application seeking consent to calculate its cellular geographic service area (CGSA) at two existing cellular sites (Horse Creek and Chugwater) using an alternative method pursuant to section 22.911(b) of the Commission's rules. The application appeared on public notice as accepted for filing on March 20, 2002. On April 19, 2002, Excomm, LLC (Excomm) filed a petition to deny the application. In its petition, Excomm contends that the application proposes to enlarge WWC's CGSA at the Chugwater site even though WWC does not currently provide cellular service beyond its
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  • at 7. Declaratory Ruling, 15 FCC Rcd at 15178, para. 24. RCC Holdings states that it will use any high-cost support it receives ``to improve its network and enable Alabama's rural customers to have a meaningful choice of service providers.'' RCC Holdings Reply Comments at 7. Id. at 8. See 47 C.F.R. � 22.99. Id. Id. See 47 C.F.R. � 22.911(b). See Alabama Rural LECs Comments at 10. See RCC Holdings Petition at Exhibit B, Declaration Under Penalty of Perjury. See Declaratory Ruling, 15 FCC Rcd at 15174, para. 15. See also 47 U.S.C. � 254(e). Alabama Rural LECs Comments at 13-14. See Federal-State Joint Board on Universal Service, Report and Order, CC Docket No, 96-45, 12 FCC Rcd 8776, 8813,
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  • part of the geographic area for which McElroy proposes to provide service is already licensed to SBI on an exclusive basis; operation at the proposed sites will cause harmful interference to SBI without the consent of SBI; and McElroy proposes to provide service to an area that is not an unserved area. Petition at 2-3 (citing 47 C.F.R. �� 1.934(e)(2), 22.911, and 22.949, respectively). (...continued from previous page) (continued....) Federal Communications Commission DA 02-xx Federal Communications Commission DA 02-3209 - % & � # % ! ! " # $ % & F & ! & %
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  • Alabama Rural LECs Comments at 9-13. Alabama Commission Reply Comments at 4. Alabama Rural LECs Comments at 10. See Alabama Commission Reply Comments at 4. Cellular South Petition at 2, 4, Exhibit B. See Declaratory Ruling, 15 FCC Rcd at 15175, para. 17. Cellular South Reply Comments at 7. Id. See 47 C.F.R. � 22.99. Id. Id. 47 C.F.R. � 22.911(b). Alabama Rural LECs Comments at 9-13. See Federal-State Joint Board on Universal Service, CC Docket No, 96-45, Report and Order, 12 FCC Rcd 8776, 8813, para. 67 (1997) (Universal Service Order) (subseq. history omitted). Although the Commission's rules define "local usage" as "an amount of minutes of use of exchange service, prescribed by the Commission, provided free of charge to
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  • the cellular cross-interest rule in Rural Service Areas (RSAs), where the cellular incumbents generally continue to dominate. The Commission stated that it would reassess the continued need for the cellular cross-interest rule in RSAs during the 2002 biennial review. Petitions for Reconsideration were filed challenging the Commission's retention of the cellular cross-interest rule in RSAs and remain pending. Comments Section 22.911(b) - Alternative CGSA determinations. Commnet argues that we should remove as obsolete section 22.911(b) from the Commission's rules, which allows carriers to provide either drive tests or alternative calculation methodology in order to show that a particular cell's 32 dBu contour is different from that calculated by the standard service area boundary (SAB) formula found in section 22.911(a). Commnet argues
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  • the cellular cross-interest rule in Rural Service Areas (RSAs), where the cellular incumbents generally continue to dominate. The Commission stated that it would reassess the continued need for the cellular cross-interest rule in RSAs during the 2002 biennial review. Petitions for Reconsideration were filed challenging the Commission's retention of the cellular cross-interest rule in RSAs and remain pending. Comments Section 22.911(b) - Alternative CGSA determinations. Commnet argues that we should remove as obsolete section 22.911(b) from the Commission's rules, which allows carriers to provide either drive tests or alternative calculation methodology in order to show that a particular cell's 32 dBu contour is different from that calculated by the standard service area boundary (SAB) formula found in section 22.911(a). Commnet argues
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  • ORDER Adopted: September 13, 2004 Released: September 14, 2004 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: On August 13, 2003, Northwest Missouri Cellular Limited Partnership (``NWMC'') filed with this Commission a formal complaint against Cingular Wireless, LLC d/b/a Cingular Wireless (``Cingular'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''), and sections 22.907, 22.911, and 22.351 of the Commission's rules. The complaint alleges, among other things, that Cingular violated the Commission's rules by deploying Global Systems for Mobile Communications (``GSM'') without properly coordinating its channel assignments and by extending its coverage into NWMC's protected Cellular Geographic Service Area (``CGSA'') without NWMC's consent. By agreement of the parties, the complaint was held in abeyance pending
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  • application, SBI elected not to file a petition to deny at the time WWC filed its application. SBI Opposition at 4. Specifically, SBI stated, that ``[p]erfectly aware that WWC's application was defective, and believing that it had been returned, SBI did not consider a challenge to the application.'' Id. 47 C.F.R. � 1.939(a)(2). SBI Opposition at 8-9. 47 C.F.R. �� 22.911-22.917. An applicant might withdraw its first-filed application or the Commission might dismiss the application before any mutually exclusive applications are filed, which could result in a new filing and a new notice and cut-off period, but that is not the situation in this case. SBI July 11, 2002 Petition at 2. We cannot disregard the diligence that each of the
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  • Nos. 0002299667 and 0002299670) were placed on Public Notice on September 7, 2005. See Wireless Bureau Site-by-Site Applications Accepted for Filing, Public Notice, Report No. 2247. ENMR`s proposed contours of its Angel Fire site (File No. 0002299670) and its Chacon site (File No. 000229667) do not overlap each other, whereas both ENMR contours overlap Chama's contour. See 47 C.F.R. � 22.911. We note that, pursuant to section 22.951, 47 C.F.R. � 22.951, ``[a]pplications for authority to operate a new cellular system in an unserved area, other than those filed by the licensee of an existing system that abuts the unserved area, must propose a contiguous cellular geographic service area (``CGSA'') of at least 130 square kilometers (50 square miles).'' Each of
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  • will be discontinued. Corr may satisfy this condition by, for example, direct mailings, billing inserts, and newspaper notices. At least 30 days before discontinuing analog service, Corr must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its Cellular Geographic Service Area (CGSA), or file revised CGSA information pursuant to Section 22.911. Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Request of Corr Wireless Communications, LLC for Waiver of Section 22.901(b) of the Commission's Rules, filed January 31, 2006, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger Noel Chief, Mobility
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  • satisfy this condition by, for example, direct mailings and telephone calls, billing inserts, and newspaper notices. At least 30 days before discontinuing analog service in any portion of its CGSA, CVW must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its CGSA, or file revised CGSA information pursuant to Section 22.911. Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Request of Copper Valley Wireless, Inc. for Limited Waiver of Section 22.901(b) of the Commission's Rules, filed February 1, 2007, IS GRANTED, subject to the conditions enumerated above. FEDERAL COMMUNICATIONS COMMISSION Roger S. Noel
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  • direct mailings and telephone calls, billing inserts, and newspaper notices. At least 30 days before discontinuing analog service in any portion of its CGSA, PRTC must either certify that the discontinuance of AMPS service will not result in any loss of wireless coverage throughout its CGSA, or it must file revised CGSA information consistent with Commission rules, specifically Sections 1.947(b), 22.911, and 22.953(c). Accordingly, IT IS ORDERED that, pursuant to Sections 0.131, 0.331, 1.925(b)(3) and 22.901(b) of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, 1.925(b)(3) and 22.901(b), the Petition of Puerto Rico Telephone Company, Inc. for Limited Waiver of Section 22.901(b) of the Commission's Rules with respect to call sign KNKA384, filed June 15, 2007, IS GRANTED, subject to the
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  • the Commission as of the certification filing date) will remain its CGSA, and it will not be required to file a revised CGSA determination at that time. If at any time after the certification filing date, a licensee modifies a site that defines part of its CGSA boundary, it must file revised CGSA information for that site pursuant to Section 22.911. If a licensee has any CGSA-defining cell site changes and it cannot make the requisite certification for a particular CGSA, then it must modify the license in question by filing FCC Form 601, modifying the technical parameters at relevant cell site(s) and thereby reducing its CGSA in that market. Minor license modifications of this nature must be filed with the
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  • must be included in the submission: Proposed CGSA: Proposed Cellular Geographic Service Area (CGSA) to be authorized by either claiming unserved area as described in 47 C.F.R. section 22.949(b), or by reducing the authorized CGSA of the Cellular system. Proposed SAB: Composite of the proposed Service Area Boundary (SAB) beyond the CGSA unserved area, as described in 47 C.F.R. section 22.911. Licensed Site(s): Authorized cell site(s) (transmitting antenna location(s)). Proposed Site(s): Proposed cell site(s) (transmitting antenna location(s)). Table Format Table name `Market_Block_CallSign_MapDate' -- i.e., CMAXXX_A_ABCD1234_20110101 Include the following in the Table structure: Licensee Call Sign (if new application data in field name `New') Block Market Type Map_date (creation date) Site_Name Site_No (location number) Lat_DD (decimal degrees) Lon_DD (decimal degrees) Table Field
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  • "Types" must be included in the submission: Proposed CGSA: Proposed Cellular Geographic Service Area (CGSA) to be authorized by either claiming unserved area as described in 47 C.F.R. section 22.949(b), or by reducing the authorized CGSA of the Cellular system. Proposed SAB: Composite of the proposed Service Area Boundary(SAB) beyond the CGSA unserved area, as described in 47 C.F.R. section 22.911. Licensed Site(s): Authorized cell site(s) (transmitting antenna location(s)). Proposed Site(s): Proposed cell site(s) (transmitting antenna location(s)). I. TABLE FORMAT Tablename `Market_Block_CallSign_MapDate' --i.e., CMAXXX_A_ABCD1234_201101011 Include the following in the Table structure: oLicensee oCall Sign (if new application data in field name `New') oBlock oMarket oType oMap_date (creation date) oSite_Name oSite_No (locationnumber) oLat_DD (decimal degrees) oLon_DD (decimal degrees) Table Field Definitions: LICENSEE
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  • the geographic area considered by the FCC to be served by a cellular system, and within which a cellular system is entitled to protection from interference. ``CGSA Investigation'' means the investigation commenced by the Bureau's June 11, 2009 letter of inquiry pertaining to possible violations of the CGSA Modification Rules. ``CGSA Modification Rules'' means Sections 1.929(b), 1.947(a) and (b), and 22.911 of the Rules and other Communications Laws governing the filing of applications to modify a licensee's cellular geographic service area. ``Commission'' and ``FCC'' mean the Federal Communications Commission and all of its bureaus and offices. ``Communications Laws'' means collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which Verizon Wireless is subject
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  • Smoky Hill, the incumbent cellular licensee for the Elbert RSA, and Badlands Cellular, the incumbent cellular licensee for the Daniels RSA (collectively, Petitioners), filed separate petitions for reconsideration requesting the set-aside of the GAP Applications. Petitioners allege that GAP's proposed facilities will result in overlaps with Petitioners' existing cellular geographic service areas (CGSAs), in violation of Commission rule sections 22.99, 22.911(d), 22.911(e), 22.912(d) and 22.949(b). In its Oppositions, GAP contends that the Petitions should be dismissed as Petitioners failed to file Petitions to Deny against the GAP Applications, although GAP served copies of the respective applications on Petitioners. III. DISCUSSION 3. Commission rule section 22.130 provides that petitions to deny any major filing must be filed within 30 days after the
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  • protection from interference, without notice or an opportunity to be heard, in violation of Section 316. They further argue that the Bureau modified existing carriers' licenses by authorizing AirCell's partners to serve airborne units without any geographical limitation. Opposing carriers claim such action by the Bureau is in direct conflict with the Commission's rules, specifically 47 CFR �� 22.905(a) and 22.911, under which a cellular licensee is granted an exclusive license to use a specific channel block in a defined geographic area. Opposing carriers claim that if the Commission authorizes a second carrier to use a block of cellular spectrum in a given carrier's defined service area, it thereby modifies the authorized carrier's license and must comply with the procedures for
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  • Order, 15 FCC Rcd at 9239 (� 41). Id. at 9236-38 (�� 36-38). Id. at 9236-39 (�� 34-42). 47 U.S.C. � 160. See generally CTIA Petition. PCIA Comments at 5-7. Biennial CMRS Spectrum Cap Order, 15 FCC Rcd at 9271-73 (�� 121-27). Western Wireless/VoiceStream Petition at 3. The cellular license areas are Cellular Geographic Service Areas (``CGSAs''), defined in Section 22.911 of the Commission's rules. 47 C.F.R. � 22.911. 47 C.F.R. � 20.6(c). For example, assume that a licensee holds a 30 MHz PCS license and two cellular licenses, one in a MSA and one in a RSA, that overlap geographically with the licensee's MTA. Assume further that the MTA population is 10 million, of whom 800,000 (8 percent) reside in
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  • participate in a proceeding before the Commission cannot delay exercising that right until after the Commission has acted and then expect to be allowed to participate by filing post-grant pleadings.'' NECC's allegation that there are ``dead spots'' within Sagir's alternative CGSA does not present the kind of serious injury to the public sufficient to outweigh considerations of administrative finality. Section 22.911(b) of the Commission's rules provides that ``service is considered to be provided in all areas, including `dead spots''' of an alternative CGSA. We therefore decline to exercise our discretion to accept NECC's belated assertion of its interest in the Sagir modification application. The Branch's dismissal of NECC's Petition for Reconsideration for failure to meet the requirements of Section 1.106(b)(1) was
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  • 22.919). Cellular channelization rules (Section 22.905). Cellular analog modulation requirements and out-of-band emission limitations (Sections 22.915 and 22.917). We also propose greater flexibility in our out-of-band emission rules for broadband Personal Communications Services (PCS). Cellular wave polarization requirement (Section 22.367(a)(4)). Rule governing cellular System Identification Numbers (SIDs) (Section 22.941) Alternative methods for determining a Cellular Geographic Service Area (CGSA) (Section 22.911). Service commencement and construction periods (Section 22.946). We seek comment on potential modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. Specifically, we propose to modify or eliminate Section 22.323, which imposes conditions on the provision of ``incidental'' services by Public Mobile Services providers. In connection with our review of the
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  • 20.6(d)(5). Finally, ownership interests held through successive subsidiaries are calculated by using a multiplier. Id. � 20.6(d)(8). Id. � 20.6(c). For spectrum cap purposes, the relevant geographic area for cellular spectrum is the Cellular Geographic Service Area (CGSA), i.e., the composite 32 dBu service area contour within which the cellular system is entitled to protection from interference. See id. � 22.911. For broadband PCS spectrum, the relevant area is the licensed service area, which can be either a Major Trading Area (MTA) or a Basic Trading Area (BTA). See id. � 24.202. SMR service can be licensed by economic areas (EAs), by MTAs, or by service area contour. BTAs and MTAs are based on material copyrighted ( 1992 Rand McNally &
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  • (2001) (``NPRM''). See 47 C.F.R. � 20.6(d)(1). See id. � 20.6(d)(2), (3), (4), (6). See id. � 20.6(d)(7), (9), (10). See id. � 20.6(d)(5). For spectrum cap purposes, the relevant geographic area for cellular spectrum is the CGSA, i.e., the composite 32 dBu service area contour within which the cellular system is entitled to protection from interference. See id. � 22.911. For broadband PCS spectrum, the relevant area is the licensed service area, which can be either a Major Trading Area (``MTA'') or a Basic Trading Area (``BTA''). See id. � 24.202. (BTAs and MTAs are based on copyrighted material owned by Rand McNally & Company). SMR service is licensed by economic areas (``EAs'') or by MTAs for auctioned licenses or
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  • to adopt our proposal to create a Coastal Zone along the eastern portion of the GMSA. The current positioning of the eastern GMSA boundary directly along the Florida coastline does not accomplish this because it requires land carriers to engineer their systems to limit signal strength along the coast so as to avoid extending their coverage over water. Moreover, section 22.911(d)(2)(i) requires a land-based carrier in Florida to obtain the consent of the Gulf carrier to extend coverage over water, even though the Gulf carriers have no cellular facilities to serve Florida coastal waters. Establishing a Coastal Zone in the Eastern Gulf will improve cellular service to coastal areas by providing an opportunity for land-based carriers to extend their service area
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  • is Pelican Island. Bachow does not contest whether Pelican Island is an ``island.'' GTE Application for Review at 9. Convention on the Territorial Sea and the Contiguous Zone, Apr. 29, 1958, art. 7, 15 U.S.T. 1606, 516 U.N.T.S. 205 (emphasis added). See United States v. Louisiana, 470 U.S. 93, 102 (1985). Id. at 102, n.2. Id. See 47 C.F.R. �� 22.911(d), 22.912. See Bureau Order at � 5. The Bureau's decision was based on the current rules governing licensing of cellular service in the Gulf of Mexico. We note that in a pending rulemaking proceeding, the Commission has proposed certain prospective modifications to these rules. See Cellular Service and Other Commercial Mobile Radio Services in the Gulf of Mexico, WT Docket
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  • Bulletin No. 53 (OET 53), and modify language in section 22.917 regarding the out-of-band emission limit. Eliminate the requirement in section 22.367 of our rules requiring that electromagnetic waves radiated by transmitters be vertically polarized. Eliminate the procedures and rules set forth in section 22.941 by which the Commission administers cellular system identification numbers (SIDs). Clarify the language in section 22.911(b) regarding the term ``SAB'' (service area boundary) in situations in which a carrier employs alternative methods to determine the cellular geographic service area (CGSA) of its system. Resolve issues relating to the incidental services rule, cellular anti-trafficking, as well as other Part 22 issues raised by commenters. BACKGROUND In January 2001, pursuant to the statutory mandate under section 11 of
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  • seeking prior Commission approval or facing competing applications. Further, the Commission chose not to allow land carriers to make de minimis extensions into unserved areas of the GMEZ. In light of these decisions, PetroCom seeks clarification of the relationship between rule section 22.950, which provides that the Gulf carriers are exclusively licensed to operate facilities in the GMEZ, and section 22.911, which details the Commission's rules regarding the calculation of carriers' CGSAs and SABs. PetroCom expresses concern that these rules could be misconstrued as meaning that a land carrier may extend service into the Gulf so long as it does not encroach upon a Gulf carrier's SAB contours. PetroCom suggests that the CGSA definition of section 22.911(a)(2) be modified to clarify
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  • 1.934(d)(2), 1.937(c), 1.939, 22.912(a) and 22.949(b) of the Commission's rules, 47 C.F.R. �� 1.934(d)(2), 1.937(c), 1.939, 22.912(a), and 22.949(b), the Petition to Dismiss or Deny filed by WWC License L.L.C. on October 26, 2001 in the above-captioned matter is DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 C.F.R. � 22.903(b) (1994); see also 47 C.F.R. � 22.911(b) (renumbered current rule on alternative CGSA determinations). See 47 C.F.R. � 22.911(a). See generally id. � 22.949 (``This section sets forth the process for licensing unserved areas in cellular markets for which the five year build-out has expired. This process has two phases: Phase I and Phase II.''). See Sagir, Inc., Memorandum Opinion and Order, 16 FCC Rcd. 8159 (2001)
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  • Comments at 5. See Twelfth Report and Order, 15 FCC Rcd at 12249-50, para. 76-80. See Declaratory Ruling, 15 FCC Rcd at 15175, para. 17. ; Virginia Cellular Petition at 2, 17 and Virginia Cellular October 3 Supplement at 2, Virginia Cellular November 12 Supplement at 4-5 and Attachment. See 47 C.F.R. � 22.99. Id. Id. See 47 C.F.R. � 22.911(b). 47 U.S.C. � 214(e)(1)(A). Virginia Cellular Petition at 9. 47 U.S.C. � 214(e)(1)(B). Virginia Cellular Petition at 9. Virginia Cellular November 12 Supplement at 5. Id. See Pine Ridge Order, 16 FCC Rcd at 18137, para. 10. . See 47 U.S.C. � 214(e)(6). See also Appendix A. See, e.g., Cellco Partnership d/b/a Bell Atlantic Mobile Petition for Designation as an
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  • Wireless v. FCC, 270 F. 3d 959, 964 (D.C. Cir. 2001), order on remand, Aircell Inc., FCC 02-324 (rel. Feb. 10, 2003), rejected a similar claim of exclusivity alleged by wireless carriers. The Court held that an alleged exclusive licensee cannot object to secondary use of its spectrum so long as no harmful interference exists. In particular, 47 C.F.R. � 22.911(d) provides that the ``exclusive[]'' assignment of channels provided for in 47 C.F.R. � 22.905 entitles each cellular licensee, within its CGSA, to protection of its system from co-channel and first adjacent channel interference and from the capture of its subscriber traffic by adjacent cellular systems using the same channel block. Pursuant to 47 C.F.R. � 22.911, cellular licensees with adjacent
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  • to FAA regulations.''' This rule was adopted in Amendment of Sections of Part 22 of the Commission's Rules in the Matter of Airborne Use of Cellular Telephones and the Use of Cell Enhancers in the Domestic Public Cellular Radio Service, Report and Order, 7 FCC Rcd 23 (1991) (Airborne Use of Cellular Telephones). The prohibition originally was adopted as section 22.911 but was subsequently renumbered section 22.925. Airborne Use of Cellular Telephones, 7 FCC Rcd at 23-24. Part 90 land mobile operations, which include Specialized Mobile Radio, are permitted aboard aircraft so long as: (1) the aircraft is regularly flown at altitudes of less than 1.6 km above the earth's surface; (2) the transmitter output power does not exceed ten watts;
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  • 6 (stating that ``increasing the range of radio systems through increased power levels is one means of making it more economical to provide spectrum-based radio services in rural areas''); see also RCA Comments at 9. These calculations are based on our standard formula for determining the distance from a cell transmitting antenna to the SAB, as set forth in section 22.911(a) of our rules. See 47 C.F.R. � 22.911(a). We note that, of these 577 counties, 536 are located within RSAs. We adopt a definition of ``rural area'' based on population density, rather than adopting an alternative definition such as RSAs, because this population density-based definition captures a greater percentage of the area where consumers do not have coverage by the
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  • area on actual coverage. See Report and Order, 17 FCC Rcd at 18439-18440, paras. 77-82. As noted in the Report and Order, unserved area applications are generally disposed of within 45-60 days. See id. at 18439, para. 78. A cellular licensee is entitled to protection against harmful interference and subscriber capture only within its defined CGSA. See 47 C.F.R. � 22.911(d). A carrier operating on a secondary basis in unserved areas would not be entitled to such protection outside of its CGSA. Instead, in unserved areas in which it is operating on a secondary basis, a carrier must accept interference as well as avoid causing interference to others, and must avoid capturing customers of other systems. Licensees may file such notifications
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  • area on actual coverage. See Report and Order, 17 FCC Rcd at 18439-18440, paras. 77-82. As noted in the Report and Order, unserved area applications are generally disposed of within 45-60 days. See id. at 18439, para. 78. A cellular licensee is entitled to protection against harmful interference and subscriber capture only within its defined CGSA. See 47 C.F.R. � 22.911(d). A carrier operating on a secondary basis in unserved areas would not be entitled to such protection outside of its CGSA. Instead, in unserved areas in which it is operating on a secondary basis, a carrier must accept interference as well as avoid causing interference to others, and must avoid capturing customers of other systems. Licensees may file such notifications
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  • and Order, 11 FCC Rcd at 9465-66 � 6. See An Inquiry Into the Use of the Bands 825-845 MHz and 870-890 MHz for Cellular Communications Systems; and Amendment of Parts 2 and 22 of the Commission's Rules Relative to Cellular Communications Systems, CC Docket No. 79-318, Report and Order, 86 FCC 2d 469 (1981) (adopting requirement in then Section 22.911(b) of the Commission's rules that base stations render service to properly licensed roamers). See 47 C.F.R. � 22.901 (1995); 47 C.F.R. � 22.911(b) (1981). See Interconnection and Resale Obligations Second Report and Order, 11 FCC Rcd at 9471 � 13; 47 C.F.R. � 20.12. Section 20.12(c) provides as follows: ``Roaming. Each carrier subject to this section must provide mobile radio
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  • PCS licensees must provide adequate service to 1/3 of the population within five years of being licensed and 2/3 of the population within 10 years of licensing. See 47 C.F.R. � 24.203(a). In the cellular service, any areas not built out within five years of licensing become ``unserved areas'' that may be licensed to another applicant. See 47 C.F.R. �� 22.911, 22.947, 22.949. In other services, licensees may satisfy construction requirements by offering ``substantial service'' in their licensed area. See, e.g., 47 C.F.R. �� 24.203(b) (substantial service as alternative to specific build-out requirements for 10 MHz broadband PCS licensees), 90.685 (substantial service as alternative to specific build-out requirements for Economic Area Specialized Mobile Radio licensees); 27.14(a) (substantial service requirement for Wireless
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  • the analog sunset date. At a minimum, licensees must notify each analog-only subscriber individually of their intention to discontinue analog service at least four months before such discontinuance (by a billing insert, for example), and a second time, at least 30 days before such discontinuance (by separate letter or direct customer contact, for example). Cellular Geographic Service Area Requirements Section 22.911 of the Commission's rules defines a cellular geographic service area (CGSA) as ``the geographic area considered by the FCC to be served by the cellular system'' and ``within which cellular systems are entitled to protection'' from interference. A CGSA is a composite (an aggregation) of the service areas of all cells in a system. The service area of a cell
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  • Rcd at 9465-66 � 6. See An Inquiry Into the Use of the Bands 825-845 MHz and 870-890 MHz for Cellular Communications Systems; and Amendment of Parts 2 and 22 of the Commission's Rules Relative to Cellular Communications Systems, CC Docket No. 79-318, Report and Order, 86 FCC 2d 469 (1981) (Cellular Report & Order) (adopting requirement in then Section 22.911(b) of the Commission's rules that base stations render service to properly licensed roamers). See 47 C.F.R. � 22.901 (1995); 47 C.F.R. � 22.911(b) (1981). See Cellular Report & Order, 86 FCC 2d at 490 � 75. See Omnibus Budget Reconciliation Act of 1993, Title VI, � 6002(b)(2)(A), (B), (OBRA), 47 U.S.C. �� 303(n), 332; Communications Act of 1934 as amended
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  • effectively available to the public. See An Inquiry Into the Use of the Bands 825-845 MHz and 870-890 MHz for Cellular Communications Systems and Amendment of Parts 2 and 22 of the Commission's Rules Relative to Cellular Communications Systems, CC Docket No. 79-318, Report and Order, 86 FCC 2d 469 (1981) (Cellular Report & Order) (adopting requirement in then Section 22.911(b) of the Commission's rules that base stations render service to properly licensed roamers). Roaming services that subscribers receive are ``manual'' or ``automatic.'' For manual roaming, the subscriber must establish a relationship directly with the host provider on whose system the subscriber wants to roam in order to make a call. Typically, the roaming subscriber accomplishes this in the course of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.txt
  • the current rule governing Service Area Boundary (SAB) extensions would be unnecessary, even in those CMA Blocks that remain subject to the current site-based licensing rules for Unserved Area. In the latter class of CMA Blocks, however, SABs and CGSAs (for new systems and expansions of existing systems) would still be calculated under the provisions currently set forth in section 22.911. We seek comment on our proposal. An appropriate field strength limit allows a licensee to transmit at a signal strength sufficient to provide reliable service right up to the license boundary, while preventing the licensee from transmitting at a signal strength that is excessive for that purpose. Having a 47 dB�V/m field strength limit for PCS, for example, has worked
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1_Rcd.pdf
  • one-year construction deadline for the 9In this NPRM,we use the terms Original System Licensee and OSL and define them to include also the successors- in-interest, transferees, and assignees of the actual party that was initially authorized toconstruct the first Cellular system on Block A or B in a particular CMA. 10See, e.g., 47 C.F.R. � 22.947. 11See 47 C.F.R. � 22.911(d). See also 47 C.F.R. � 22.907 (obligating licensees to coordinate with each other if their respective transmittersare within a certain proximity, and requiring them to "make reasonable efforts to resolve technical problems"). 12See 47 C.F.R. 22.911. 13See 47 C.F.R. �� 22.929, 22.953 (specifying the technical and other information to be provided by the applicant). 14See infra Section III.A.2. (regarding Block
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • should reflect the forward-looking cost of the particular provisioning method. 1040. We define "termination," for purposes of section 251(b)(5), as the switching of traffic that is subject to section 251(b)(5) at the terminating carrier's end office switch (or equivalent facility) and delivery Federal Communications Commission 96-325 See infra, Section XI.A.3.c.(3). 2482 See supra, Section VII.B.2. 2483 See 47 C.F.R. �� 22.911, 24.202; see also PCIA comments in CC Docket No. 95-185 at 21-22; Letter from Leonard J. 2484 Kennedy, on behalf of Comcast Cellular Communications, to William Caton, Acting Secretary, FCC, July 25, 1996. 496 of that traffic from that switch to the called party's premises. In contrast to transport, for which some alternatives exist, alternatives for termination are not likely
• 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
  • Part 1 rule). 22.873(a), (b), Construction period for commercial aviation air-ground 22.873(a), (b), (c) (c) systems (change form numbers to reflect ULS forms; add notification section). 22.875(d)(5) Commercial aviation air-ground system application No new rule requirements -- Technical exhibit (eliminate antenna information). 22.907(b) Coordination of channel usage (eliminate letter requests; 22.907(b) change to allow electronic filing of agreements via ULS). 22.911(b) Cellular Geographic Service Area -- Alternative CGSA 22.911(b) determination (change form numbers to reflect ULS forms). 22.929(a), (b) Application requirements for the Cellular 22.929(a), (b) Radiotelephone Service -- Administrative information (change form numbers to reflect ULS forms). 22.929(b)(1) Application requirements for the Cellular 22.929(b)(1) Radiotelephone Service -- Location description (NAD83 instead of NAD27). 22.929(b)(2) Application requirements for the Cellular No
• http://transition.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.doc http://transition.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.txt
  • 20.6(d)(5). Finally, ownership interests held through successive subsidiaries are calculated by using a multiplier. Id. � 20.6(d)(8). Id. � 20.6(c). For spectrum cap purposes, the relevant geographic area for cellular spectrum is the Cellular Geographic Service Area (CGSA), i.e., the composite 32 dBu service area contour within which the cellular system is entitled to protection from interference. See id. � 22.911. For broadband PCS spectrum, the relevant area is the licensed service area, which can be either a Major Trading Area (MTA) or a Basic Trading Area (BTA). See id. � 24.202. SMR service can be licensed by economic areas (EAs), by MTAs, or by service area contour. BTAs and MTAs are based on material copyrighted ( 1992 Rand McNally &
• http://transition.fcc.gov/eb/Orders/2001/fcc01059.doc http://transition.fcc.gov/eb/Orders/2001/fcc01059.html
  • is Pelican Island. Bachow does not contest whether Pelican Island is an ``island.'' GTE Application for Review at 9. Convention on the Territorial Sea and the Contiguous Zone, Apr. 29, 1958, art. 7, 15 U.S.T. 1606, 516 U.N.T.S. 205 (emphasis added). See United States v. Louisiana, 470 U.S. 93, 102 (1985). Id. at 102, n.2. Id. See 47 C.F.R. �� 22.911(d), 22.912. See Bureau Order at � 5. The Bureau's decision was based on the current rules governing licensing of cellular service in the Gulf of Mexico. We note that in a pending rulemaking proceeding, the Commission has proposed certain prospective modifications to these rules. See Cellular Service and Other Commercial Mobile Radio Services in the Gulf of Mexico, WT Docket
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2972A1.html
  • ORDER Adopted: September 13, 2004 Released: September 14, 2004 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: On August 13, 2003, Northwest Missouri Cellular Limited Partnership (``NWMC'') filed with this Commission a formal complaint against Cingular Wireless, LLC d/b/a Cingular Wireless (``Cingular'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''),1 and sections 22.907, 22.911, and 22.351 of the Commission's rules.2 The complaint alleges, among other things, that Cingular violated the Commission's rules by deploying Global Systems for Mobile Communications (``GSM'') without properly coordinating its channel assignments and by extending its coverage into NWMC's protected Cellular Geographic Service Area (``CGSA'') without NWMC's consent.3 By agreement of the parties, the complaint was held in abeyance pending
• http://transition.fcc.gov/eb/Orders/2012/DA-12-841A1.html
  • area considered by the FCC to be served by a cellular system, and within which a cellular system is entitled to protection from interference. e. "CGSA Investigation" means the investigation commenced by the Bureau's June 11, 2009 letter of inquiry pertaining to possible violations of the CGSA Modification Rules. f. "CGSA Modification Rules" means Sections 1.929(b), 1.947(a) and (b), and 22.911 of the Rules and other Communications Laws governing the filing of applications to modify a licensee's cellular geographic service area. g. "Commission" and "FCC" mean the Federal Communications Commission and all of its bureaus and offices. h. "Communications Laws" means collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which Verizon Wireless
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • of SMR spectrum in the 800 MHz SMR service will be attributed to an entity when determining compliance with the cap. (c) Significant overlap. (1) For purposes of paragraph 99 (a) of this section, partnership interest, or any significant overlap of a PCS means of actual working control licensed service area and (including negative control) CGSA(s) (as defined in � 22.911 over the operation of the of this chapter) or SMR service licensee, in whatever manner area(s) occurs when at least 10 exercised. percent of the population of (2) Partnership and other the PCS licensed service area, ownership interests and any as determined by the 1990 stock interest amounting to 20 census figures for the counties percent or more of the
• http://wireless.fcc.gov/auctions/12/releases/fc010387.pdf http://wireless.fcc.gov/auctions/12/releases/fc010387.txt
  • must be pulled back if objectionable interference occurs to adjacent licensees. Western Maine Cellular, Inc., Order, 7 FCC Rcd 8648 (1992). 9 Second Further Notice, 12 FCC Rcd at 4578, para 2. 10 The service area of each cell is the area within its SAB, which is calculated using propagation formulas set forth in the Commission's rules. 47 C.F.R. � 22.911. See Section III.C., infra. 11 47 C.F.R. � 22.912. Federal Communications Commission FCC 01-387 4 actual coverage from an offshore platform-based cell site. This caused portions of the Gulf that were outside the coverage area of any offshore cell site to be redefined as "unserved" areas, which could not be served by the Gulf carriers without further application and licensing.
• http://wireless.fcc.gov/auctions/20/releases/fc970217.pdf http://wireless.fcc.gov/auctions/20/releases/fc970217.txt http://wireless.fcc.gov/auctions/20/releases/fc970217.wp
  • 190 and flexibility promote spectrum efficiency and expedite market entry of new services. In this case, however, we believe it is premature to adopt rules permitting the sharing of land mobile frequencies by maritime operations until a final decision concerning the introduction of market- based forces into the PLMR is made. Federal Communications Commission FCC 97-217 See 47 C.F.R. �� 22.911, 24.102, and 24.202. See also Rand McNally 1992 Commercial Atlas & Marketing 191 Guide, 123rd Edition, pp. 36-39. See 47 C.F.R. Subpart P. 192 See 47 C.F.R. � 80.371(c). In addition, VHF Channel 88 may be authorized within 120 km (75 miles) of the 193 Canadian border on the Great Lakes, the St. Lawrence Seaway, and the Puget Sound and
• http://wireless.fcc.gov/auctions/22/releases/d990757d.pdf http://wireless.fcc.gov/auctions/22/releases/d990757d.wp
  • waiver requests. Filers should select Attachment Type 'Waiver' and enter "Exhibit G: Waiver Requests" in the File Description field on the Attachment screen. EXHIBIT H: DIVESTITURE PLANS Pursuant to the Commission's spectrum aggregation limit rule, 47 C.F.R. � 20.6, in situations in which the overlap between a PCS licensed service area and a CGSA (as defined in 47 C.F.R. � 22.911) service area exceeds ten percent but is less than 20 percent, the Commission allows post- auction divestitures. See 47 C.F.R. � 20.6(e). Therefore, any parties sharing a common non- controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold (see 47 C.F.R. �� 20.6(e), 24.710, 24.204, and 24.229(c)) will be permitted to
• http://wireless.fcc.gov/auctions/22/releases/e990757d.pdf http://wireless.fcc.gov/auctions/22/releases/e990757d.wp
  • waiver requests. Filers should select Attachment Type 'Waiver' and enter "Exhibit G: Waiver Requests" in the File Description field on the Attachment screen. EXHIBIT H: DIVESTITURE PLANS Pursuant to the Commission's spectrum aggregation limit rule, 47 C.F.R. � 20.6, in situations in which the overlap between a PCS licensed service area and a CGSA (as defined in 47 C.F.R. � 22.911) service area exceeds ten percent but is less than 20 percent, the Commission allows post- auction divestitures. See 47 C.F.R. � 20.6(e). Therefore, any parties sharing a common non- controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold (see 47 C.F.R. �� 20.6(e), 24.710, 24.204, and 24.229(c)) will be permitted to
• http://wireless.fcc.gov/auctions/26/releases/pagebp_g.pdf
  • (AM), frequency modulated (FM) or phase modulated (PM) transmitter. Cell. The service area of an individual transmitter location in a cellular system. 3 Cellular Geographic Service Area. The geographic area served by a cellular system, within which that system is entitled to protection and adverse effects are recognized, for the purpose of determining whether a petitioner has standing. See � 22.911. Cellular markets. Standard geographic areas used by the FCC for administrative convenience in the licensing of cellular systems. See � 22.909. Cellular Radiotelephone Service. A radio service in which common carriers are authorized to offer and provide cellular service for hire to the general public. This service was formerly titled Domestic Public Cellular Radio Telecommunications Service. Cellular repeater. In the
• http://wireless.fcc.gov/auctions/general/releases/fc990244.doc http://wireless.fcc.gov/auctions/general/releases/fc990244.pdf
  • location within the relevant geographic area. No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will be attributed to an entity when determining compliance with the cap. (c) Significant overlap. (1) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in Sec. 22.911 of this chapter) or SMR service area(s) occurs when at least 10 percent of the population of the PCS licensed service area for the counties contained therein, as determined by the latest available decennial census figures as complied by the Bureau of the Census, is within the CGSA(s) and/or SMR service area(s). (2) The Commission shall presume that an SMR
• http://wireless.fcc.gov/services/index.htm?job=about_cellular_coverage_certification&id=cellular
  • the Commission as of the certification filing date) will remain its CGSA, and it will not be required to file a revised CGSA determination at that time. If at any time after the certification filing date, a licensee modifies a site that defines part of its CGSA boundary, it must file revised CGSA information for that site pursuant to [32]Section 22.911. If a licensee has any CGSA-defining cell site changes and it cannot make the requisite certification, it must file a revised CGSA showing. To file a certification, click the Certification Filing link at the top right of the screen. Additional information about the Cellular Service is available at the [33]Cellular Encyclopedia page. Certification Filing [34]Certification Filing File Cellular Certifications. Certification
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • should reflect the forward-looking cost of the particular provisioning method. 1040. We define "termination," for purposes of section 251(b)(5), as the switching of traffic that is subject to section 251(b)(5) at the terminating carrier's end office switch (or equivalent facility) and delivery Federal Communications Commission 96-325 See infra, Section XI.A.3.c.(3). 2482 See supra, Section VII.B.2. 2483 See 47 C.F.R. �� 22.911, 24.202; see also PCIA comments in CC Docket No. 95-185 at 21-22; Letter from Leonard J. 2484 Kennedy, on behalf of Comcast Cellular Communications, to William Caton, Acting Secretary, FCC, July 25, 1996. 496 of that traffic from that switch to the called party's premises. In contrast to transport, for which some alternatives exist, alternatives for termination are not likely
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000420.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000420.txt
  • is a cellular radiotelephone carrier licensed in the adjacent Mobile, Alabama, Metropolitan Statistical Area (``MSA''). Bachow contends that the Service Area Boundaries (``SABs'') for three of GTE's cell sites overlap Bachow's protected Cellular Geographic Service Area (``CGSA''). Bachow seeks an order directing GTE to modify the three cell sites to eliminate these overlaps. We find that GTE has violated sections 22.911(d) and 22.912 of the Commission's rules by having the SABs of the three cell sites overlap the Gulf of Mexico CGSA and we direct GTE to modify the three cell sites to eliminate the unlawful SAB extensions. II. REGULATORY Background The regulatory background supporting this proceeding is complex and merits a brief discussion to understand the legal basis for this
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000733.doc
  • South, Inc., Defendant. ) ) ) ) ) ) ) ) ) File No. WB/ENF-F-98-005 ORDER Adopted: March 30, 2000 Released: March 31, 2000 By the Chief, Enforcement Bureau: In this order, we deny the motion filed by GTE Wireless of the South, Inc. (``GTE''), to stay the Enforcement Bureau's order (the ``Bachow-GTE Order'') requiring GTE to comply with sections 22.911(d) and 22.912 of the Commission's rules. This Motion to Stay was filed on March 16, 2000, by GTE in tandem with a Petition for Waiver with the Wireless Telecommunications Bureau (``WTB''). The Petition for Waiver asks the WTB to waive the requirements of sections 22.911(d) and 22.912 as they apply to the three GTE cell sites from the Bachow-GTE Order.
• 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
  • Part 1 rule). 22.873(a), (b), Construction period for commercial aviation air-ground 22.873(a), (b), (c) (c) systems (change form numbers to reflect ULS forms; add notification section). 22.875(d)(5) Commercial aviation air-ground system application No new rule requirements -- Technical exhibit (eliminate antenna information). 22.907(b) Coordination of channel usage (eliminate letter requests; 22.907(b) change to allow electronic filing of agreements via ULS). 22.911(b) Cellular Geographic Service Area -- Alternative CGSA 22.911(b) determination (change form numbers to reflect ULS forms). 22.929(a), (b) Application requirements for the Cellular 22.929(a), (b) Radiotelephone Service -- Administrative information (change form numbers to reflect ULS forms). 22.929(b)(1) Application requirements for the Cellular 22.929(b)(1) Radiotelephone Service -- Location description (NAD83 instead of NAD27). 22.929(b)(2) Application requirements for the Cellular No
• http://www.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.txt
  • 20.6(d)(5). Finally, ownership interests held through successive subsidiaries are calculated by using a multiplier. Id. � 20.6(d)(8). Id. � 20.6(c). For spectrum cap purposes, the relevant geographic area for cellular spectrum is the Cellular Geographic Service Area (CGSA), i.e., the composite 32 dBu service area contour within which the cellular system is entitled to protection from interference. See id. � 22.911. For broadband PCS spectrum, the relevant area is the licensed service area, which can be either a Major Trading Area (MTA) or a Basic Trading Area (BTA). See id. � 24.202. SMR service can be licensed by economic areas (EAs), by MTAs, or by service area contour. BTAs and MTAs are based on material copyrighted ( 1992 Rand McNally &
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.txt
  • No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will be attributed to an entity when determining compliance with the cap. Federal Communications Commission FCC 99-244 65 (c) Significant overlap. (1) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in Sec. 22.911 of this chapter) or SMR service area(s) occurs when at least 10 percent of the population of the PCS licensed service area for the counties contained therein, as determined by the latest available decennial census figures as complied by the Bureau of the Census, is within the CGSA(s) and/or SMR service area(s). (2) The Commission shall presume that an SMR
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000333.doc
  • 7 Saguache Limited Partnership (Saguache Partnership) and 7(B)(2) Partnership are adjacent licensees. Grant of the above-captioned application would authorize 7(B)(2) Partnership to establish a cellular geographic service area (CGSA) that overlaps Saguache Partnership's CGSA. Sections 22.912(b) and (c) of the Commission's rules require the consent of the adjacent licensee for service area boundary (SAB) extensions into its CGSA. Likewise, section 22.911(d)(2)(i) requires the written consent of the adjacent licensee if the SAB of one cellular system will overlap the CGSA of another system. In 7(B)(2) Partnership's Emergency Request to Rescind Order (Emergency Request), filed on Septemer 11, 1998, it argues that the September 4 Order erroneously states that CINC held a controlling interest in the Saguache Partnership, and thus the subject
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000344.doc
  • We therefore grant Zephyr's application requesting authority to provide cellular service in the Oklahoma 4-Nowata RSA. Our grant of Zephyr's application is conditioned upon Zephyr filing a minor modification application within thirty days of the release of this Order to conform its service area boundary (SAB) and cellular geographic service area (CGSA) determination to comply with current Commission rule section 22.911. Failure to submit the required modification application in compliance with current rule 22.911, as set forth in the special condition on the authorization, shall result in a set aside of this Order and the automatic cancellation of the Zephyr's authorization under File No. 11022-CL-P-599-A-89. 6. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309 of the Communications Act,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000351.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) ALLTEL SOUTHEAST ALABAMA ) File No. 07478-CL-MP-95 RURAL CELLULAR, L.P. ) ) For Authorization to Compute ) Its CGSA Using Alternative Propagation ) Methodology Under Section 22.911(b) ) Of the Commission's Rules ) ORDER Adopted: February 23, 2000 Released: February 24, 2000 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On October 30, 1995, Public Service Cellular, Inc. (Public Service) filed a petition to dismiss or deny (Petition) the above-captioned application (Application) of ALLTEL Southeast Alabama Rural Cellular Limited Partnership (ALLTEL).
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000444.doc
  • Smoky Hill, the incumbent cellular licensee for the Elbert RSA, and Badlands Cellular, the incumbent cellular licensee for the Daniels RSA (collectively, Petitioners), filed separate petitions for reconsideration requesting the set-aside of the GAP Applications. Petitioners allege that GAP's proposed facilities will result in overlaps with Petitioners' existing cellular geographic service areas (CGSAs), in violation of Commission rule sections 22.99, 22.911(d), 22.911(e), 22.912(d) and 22.949(b). In its Oppositions, GAP contends that the Petitions should be dismissed as Petitioners failed to file Petitions to Deny against the GAP Applications, although GAP served copies of the respective applications on Petitioners. III. DISCUSSION 3. Commission rule section 22.130 provides that petitions to deny any major filing must be filed within 30 days after the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000449.doc
  • of section 22.949(a)(1)(iii) of the Commission's rules. In addition, the Partnership application seeks to obtain a license for spectrum that is not available in violation of section 22.128(e)(2) of the Commission's rules because the geographic area for which the partnership is seeking to provide service is already licensed to GTE on an exclusive basis. Finally, the partnership's application violates section 22.911 of the Commission's rules because it interferes with GTE's cellular system without obtaining written consent. 4. We also dismiss the Partnership's Opposition to GTE's Petition because it was not timely filed. In a Public Notice released on February 24, 1997, the Bureau established March 26, 1997 as the deadline for filing Petitions to Deny against certain tentative selectees, including the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000955.doc
  • the WWC Application). For the reasons discussed below, we dismiss NECC's Petition as moot and grant the WWC Application. The WWC application seeks to add or modify four cell sites. In its Petition, NECC alleges that WWC's initial application was defective because it failed to calculate the Cellular Geographic Service Areas (CGSAs) using the standard formula set forth in section 22.911(a) of the Commission's rules. NECC asserts that WWC's initially-proposed CGSAs included a mutually exclusive overlap with the proposed service area in NECC's Phase II application, filed on January 24, 2000. WWC amended its application on March 16, 2000 to use the Commission's standard CGSA formula, which had the effect of removing any overlap with the service area covered by NECC's
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00141.doc
  • their spectrum to other qualified entities. (2) Partitioning. During the five year build-out period, as defined in Sec. 22.947, cellular licensees may partition any portion of their cellular market to other qualified entities. After the five year build-out period, cellular licensees and unserved area licensees may partition any portion of their Cellular Geographic Service Area (CGSA), as defined by Sec. 22.911, to other qualified entities but may not partition unserved portions of their cellular market. (3) Disaggregation. After the five year build-out period, as defined in Sec. 22.947, parties obtaining disaggregated spectrum may only use such spectrum in that portion of the cellular market encompassed by the original licensee's CGSA and may not use such spectrum to provide service to unserved
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00188.doc
  • protection from interference, without notice or an opportunity to be heard, in violation of Section 316. They further argue that the Bureau modified existing carriers' licenses by authorizing AirCell's partners to serve airborne units without any geographical limitation. Opposing carriers claim such action by the Bureau is in direct conflict with the Commission's rules, specifically 47 CFR �� 22.905(a) and 22.911, under which a cellular licensee is granted an exclusive license to use a specific channel block in a defined geographic area. Opposing carriers claim that if the Commission authorizes a second carrier to use a block of cellular spectrum in a given carrier's defined service area, it thereby modifies the authorized carrier's license and must comply with the procedures for
• http://www.fcc.gov/eb/Orders/2001/fcc01059.doc http://www.fcc.gov/eb/Orders/2001/fcc01059.html
  • is Pelican Island. Bachow does not contest whether Pelican Island is an ``island.'' GTE Application for Review at 9. Convention on the Territorial Sea and the Contiguous Zone, Apr. 29, 1958, art. 7, 15 U.S.T. 1606, 516 U.N.T.S. 205 (emphasis added). See United States v. Louisiana, 470 U.S. 93, 102 (1985). Id. at 102, n.2. Id. See 47 C.F.R. �� 22.911(d), 22.912. See Bureau Order at � 5. The Bureau's decision was based on the current rules governing licensing of cellular service in the Gulf of Mexico. We note that in a pending rulemaking proceeding, the Commission has proposed certain prospective modifications to these rules. See Cellular Service and Other Commercial Mobile Radio Services in the Gulf of Mexico, WT Docket
• http://www.fcc.gov/eb/Orders/2004/DA-04-2972A1.html
  • ORDER Adopted: September 13, 2004 Released: September 14, 2004 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: On August 13, 2003, Northwest Missouri Cellular Limited Partnership (``NWMC'') filed with this Commission a formal complaint against Cingular Wireless, LLC d/b/a Cingular Wireless (``Cingular'') pursuant to section 208 of the Communications Act of 1934, as amended (the ``Act''),1 and sections 22.907, 22.911, and 22.351 of the Commission's rules.2 The complaint alleges, among other things, that Cingular violated the Commission's rules by deploying Global Systems for Mobile Communications (``GSM'') without properly coordinating its channel assignments and by extending its coverage into NWMC's protected Cellular Geographic Service Area (``CGSA'') without NWMC's consent.3 By agreement of the parties, the complaint was held in abeyance pending
• http://www.fcc.gov/eb/Orders/2012/DA-12-841A1.html
  • area considered by the FCC to be served by a cellular system, and within which a cellular system is entitled to protection from interference. e. "CGSA Investigation" means the investigation commenced by the Bureau's June 11, 2009 letter of inquiry pertaining to possible violations of the CGSA Modification Rules. f. "CGSA Modification Rules" means Sections 1.929(b), 1.947(a) and (b), and 22.911 of the Rules and other Communications Laws governing the filing of applications to modify a licensee's cellular geographic service area. g. "Commission" and "FCC" mean the Federal Communications Commission and all of its bureaus and offices. h. "Communications Laws" means collectively, the Act, the Rules, and the published and promulgated orders and decisions of the Commission to which Verizon Wireless
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1304.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1304.html http://www.fcc.gov/ogc/documents/opinions/2001/00-1304.pdf
  • without complying with Section 316 of the Communications Act, 47 U.S.C. � 316." There is no merit to these contentions. The two relevant rules relate to geographic exclusivity and protection from interference. The first, 47 C.F.R. � 22.905(a), provides: "Each channel block is assigned exclusively to one licensee for use in that licensee's cellular geographic service area ("CGSA") (see � 22.911)." The second, 47 C.F.R. � 22.911(d), provides in relevant part: "Within the CGSA determined in accordance with this section, cellular systems are entitled to protection from co-channel and first-adjacent channel interference and from capture of subscriber traffic by adjacent systems on the same channel block." The Commission's interpretations of its rules regarding the rights of cellular licensees, including the right
• http://www.fcc.gov/ogc/documents/opinions/2004/03-1043-050404.pdf
  • central dispute in the initial AirCell proceeding before the Commis- sion was how to predict whether, and if so how significantly, AirCell would disrupt the networks of existing cellular tele- phone providers, such as the petitioners. Because the peti- tioners' licenses entitle them to protection from harmful interference within their geographic service areas, see 270 F.3d at 963�64; 47 C.F.R.� 22.911(d) (2004), any waiver allowing AirCell to operate depends upon a finding that such operation will not cause harmful interference to license- holders. The record contains data from several test flights, in which receivers on the ground measured the strength of AirCell's signal while an aircraft, placing a call from an AirCell telephone, flew overhead. The providers and AirCell, based on