FCC Web Documents citing 22.943
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- should be amended to facilitate more flexible use of spectrum licensed to CMRS providers. In particular, we address the possibility of Paging and Radiotelephone Service licensees using assigned paging channels to transmit audio programming of interest to a narrow or specialized audience. We also seek comment on our proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. We propose to eliminate or modify these rules intended to prevent speculation, lottery abuse, and trafficking in licenses, as they were adopted during a period when the Commission resolved mutually exclusive applications for initial cellular services through lottery, rather than the current system of resolving such mutually exclusive applications through competitive bidding. BACKGROUND The Commission's Part 22 rules
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-756A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-756A1.txt
- WWC Holdings Co., Inc. No comments or. petitions to deny were received in response to the public notice announcing that the applications had been accepted for filing. See WTB Rpt. No. 380, rel. Nov. 24, 1999. Pursuant to section 1.925(a) of the Commission's rules, refptr://102bOcO/47 C.F.R. § 1.925(a). the Bureau also grants the parties' request for a waiver of section 22.943(b) of the Commission's rules, refptr://!Q2b54Q/47 C.F.R. § 22.943(b), with respect to MetaComm's unserved area licenses for Montana RSA No. 8 and Wyoming RSA No. 1. reffatr://10282eO/Section 22.943(b) of the Commission's rules provides that the Commission will not accept transfer of control or assignment applications involving cellular unserved area licenses until the system has provided service to subscribers for at least
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- 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 Service, the Maritime Radiodetermination Service,
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- also recommends, and RCA concurs, that the Commission eliminate the requirement that applicants for transfers of control or assignments of licenses obtained through competitive bidding file transaction documents with the Commission, as set forth in section 1.2111(a) of it rules. CTIA believes that this requirement is duplicative because the Commission already has rules governing unjust enrichment (e.g., 47 C.F.R. § 22.943(b)). CTIA believes that the scope of the Part 1 rule is too broad because licensees must go through these procedures irrespective of their designated entity status. Recommendation The subpart Q rules only pertain to general procedural requirements relating to competitive bidding in various different wireless services, and not to the substantive rules affecting any particular service. As such, the need
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- also recommends, and RCA concurs, that the Commission eliminate the requirement that applicants for transfers of control or assignments of licenses obtained through competitive bidding file transaction documents with the Commission, as set forth in section 1.2111(a) of it rules. CTIA believes that this requirement is duplicative because the Commission already has rules governing unjust enrichment (e.g., 47 C.F.R. § 22.943(b)). CTIA believes that the scope of the Part 1 rule is too broad because licensees must go through these procedures irrespective of their designated entity status. Recommendation The subpart Q rules only pertain to general procedural requirements relating to competitive bidding in various different wireless services, and not to the substantive rules affecting any particular service. As such, the need
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- only cellular and point-to-point microwave licenses. All of the cellular licenses included in the instant transaction were awarded pursuant to random selection (or lotteries). Discussion. We find, as did the Commission in the AT&T-Verizon Wireless Order, that Cellular South's claims regarding violation of our anti-trafficking policies are based on an apparent misunderstanding of the applicable rules and policies. Former section 22.943 of the Commission's Rules addressed limitations on assignments and transfers of cellular authorizations. This section provided that ``[a]pplications for consent to transfer of control or assignment of authorization in the Cellular Radiotelephone Service are subject to the provisions of Sec. 22.139 [the then applicable rule regarding trafficking].'' This section, however, also exempted ``[a]pplications for consent to transfer of control or
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- only cellular and point-to-point microwave licenses. All of the cellular licenses included in the instant transaction were awarded pursuant to random selection (or lotteries). 82. Discussion. We find, as did the Commission in the AT&T-Verizon Wireless Order, that Cellular South's claims regarding violation of our anti-trafficking policies are based on an apparent misunderstanding of the applicable rules and policies.262Former section 22.943 of the Commission's Rules addressed limitations on assignments and transfers of cellular authorizations.263This section provided that "[a]pplications for consent to transfer ofcontrol or assignment of authorization in the Cellular Radiotelephone Service are subject to the provisions of Sec. 22.139 [the then applicable rule regarding trafficking]."264This section, however, also exempted "[a]pplications for consent to transfer of control or assignment of a
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22,945. Comments due: July 2; replies due August 1. News Media Information 202 / 418-0500 TTY 202 / 418-2555 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th Street, S.W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22,945. Comments due: July 2; replies due August 1. PN 05/25/01; DA 01-1307 Auction of Licenses for Lower and Upper Paging Bands Postponed Until October 30, 2001. The Wireless Telecommunications Bureau postponed the auction of lower and upper paging bands, scheduled for June 26, 2001 until October 30, 2001, due to the need for additional testing on newly developed
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. Comments due: July 2; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission examined further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide for
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. Comments due: July 2; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. Comments due: July 2; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. Comments due: July 2; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. Comments due: July 2*; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. Comments due: July 2*; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943 and 22.945. Comments due: July 2*; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943 and 22.945. Comments due: July 2*; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- of the Commission's Rules to Modify or Eliminate Out dated Rules Affecting the Cellular Radiotelephone Service et al. The Commission seeks comment on modification or elimination of certain other Part 22 rules that apply both to cellular and to other CMRS. The Commission also seeks comment on its proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943 and 22.945. Comments due July 2*; replies due August 1. CC 94-102; FNPRM 05/25/01 (adopted 05/23/01); FCC 01-175 In the Matter of Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems. The Commission is examining further the issue of non-service initialized mobile wireless phones used to make 911 calls and whether such phones should provide
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- should be amended to facilitate more flexible use of spectrum licensed to CMRS providers. In particular, we address the possibility of Paging and Radiotelephone Service licensees using assigned paging channels to transmit audio programming of interest to a narrow or specialized audience. We also seek comment on our proposal to eliminate or modify certain cellular anti-trafficking rules, specifically Sections 22.937, 22.943, and 22.945. We propose to eliminate or modify these rules intended to prevent speculation, lottery abuse, and trafficking in licenses, as they were adopted during a period when the Commission resolved mutually exclusive applications for initial cellular services through lottery, rather than the current system of resolving such mutually exclusive applications through competitive bidding. BACKGROUND The Commission's Part 22 rules
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- file an application for developmental authority with the Commission, which will be processed by the Bureau pursuant to the regulations set forth in section 22.401 of our rules. We believe that a developmental license will afford FreePage the opportunity to assess consumer demand for its LPDS service offering. Cellular Anti-Trafficking Rules. Background. In the NPRM, we noted that sections 22.937, 22.943, and 22.945 were originally adopted to prevent speculation and trafficking in cellular licenses that were awarded by random selection. Because we are now required to resolve mutually exclusive applications for initial cellular licenses through competitive bidding, we proposed to eliminate or substantially modify rule sections 22.937, 22.943, and 22.945 as they are now unnecessary and no longer serve the public
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- had been disqualified. Seventy-nine of the licenses being assigned from ALLTEL entities are PCS licenses, which were all originally awarded pursuant to competitive bidding, in Auction 4, 5, 11, 22, 35, or 58. Discussion. We find that Cellular South's claims regarding violation of our anti-trafficking policies are based on an apparent misunderstanding of the applicable rules and policies. Former section 22.943 of the Commission's Rules addressed limitations on assignments and transfers of cellular authorizations. This section provided that ``[a]pplications for consent to transfer of control or assignment of authorization in the Cellular Radiotelephone Service are subject to the provisions of Sec. 22.139 [the then applicable rule regarding trafficking].'' This section, however, also exempted ``[a]pplications for consent to transfer of control or
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- been disqualified.526Seventy-nine of the licenses being assigned from ALLTEL entities are PCS licenses, which were all originally awarded pursuant to competitive bidding, in Auction 4, 5, 11, 22, 35, or 58. 151. Discussion. We find that Cellular South's claims regarding violation of our anti- trafficking policies are based on an apparent misunderstanding of the applicable rules and policies. Former section 22.943 of the Commission's Rules addressed limitations on assignments and transfers of cellular authorizations.527This section provided that "[a]pplications for consent to transfer of control or assignment of authorization in the Cellular Radiotelephone Service are subject to the provisions of Sec. 520Joint Opposition at 31. 521Id.(emphasis in original) (citing Year 2000 Biennial Regulatory Review Amendment of Part 22 of the Commission's Rules
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- minimum of the latter of an additional 30 days or the date upon which the Wireless Telecommunications Bureau acts on the request. 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. Remove Section 22.935. Remove Section 22.936. Remove Section 22.939. Remove Section 22.940. Remove Section 22.943. PART 24-PERSONAL COMMUNICATIONS SERVICES The authority citation for Part 24 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 and 332. Remove Section 24.16. PART 27-MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES The authority citation for Part 27 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and 337 unless otherwise noted.
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- additional 30 days or the date upon which the Wireless Telecommunications Bureau acts on the request. PART 22-PUBLIC MOBILE SERVICES 5.The authority citation for Part 22 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 222, 303, 309 and 332. 6.Remove Section 22.935. 7.Remove Section 22.936. 8.Remove Section 22.939. 7047 Federal Communications Commission FCC 10-86 9.Remove Section 22.940. 10.Remove Section 22.943. PART 24-PERSONAL COMMUNICATIONS SERVICES 11.The authority citation for Part 24 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 and 332. 12.Remove Section 24.16. PART 27-MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 13.The authority citation for Part 27 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and 337 unless otherwise noted.
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- of the Commission's rules requires unserved area licensees to begin service to subscribers within one year after the grant of their authorizations. Failure to meet this requirement will result in termination of the authorization. Furthermore, an unserved area licensee cannot transfer its license until its system has provided service to subscribers for at least one year. See 47 C.F.R. § 22.943(b). 19 G. Spectrum Cap Bidders should also be aware that cellular unserved area licenses are included in the Commercial Mobile Radio Services spectrum cap. See 47 C.F.R, §§ 20.6 and 20.9. News Media Contact: Kara Palamaras at 202-418-0654 FCC Auctions Contact: Thomas Horan or Lisa Minard at 202-418-0660 FCC Commercial Wireless Contact:Thomas Dombrowsky at 202-418-0620 - FCC - ATTACHMENT A
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- to all cellular radiotelephone licenses for unserved areas obtained through the competitive bidding process. Licensees transferring their licenses within three years after the initial unserved Id. 91 See 47 C.F.R. § 309(j)(4)(B). 92 Competitive Bidding Second Report and Order, 9 FCC Rcd at 2385, ¶ 219. 93 47 C.F.R. § 22.946. 94 47 C.F.R. § 22.144(b) 95 47 C.F.R. § 22.943(b). 96 47 C.F.R. §§ 1.2101(d) and 1.2105(c). 97 19 area license grant will be required to file, together with their transfer applications, the associated contracts for sale, option agreements, management agreements, and all other documents disclosing the total consideration received in return for the transfer of their licenses. As we indicated in the Competitive Bidding Second Report and Order, we
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- denied, the license(s) will be granted to the auction winner. h. Petitions to Deny and Limitations on Settlements (1) Proposal 270. In the Third Notice, we proposed to adopt petition to deny procedures based on former Section 22.30 of our rules, which provided for procedures regarding oppositions to applications. In addition, we proposed to adopt rules similar to former Section 22.943 of our 474 rules, which provided for procedures regarding the withdrawal of applications, to prevent the 475 filing of speculative applications and pleadings designed to extract money from sincere 220 MHz license applicants.476 (2) Comments Federal Communications Commission FCC 97-57 See also Section 1.53 of the Commission's Rules, 47 C.F.R. § 1.53. 477 But see Section 1.2105(c) of the Commission's
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- denied, the license(s) will be granted to the auction winner. h. Petitions to Deny and Limitations on Settlements (1) Proposal 270. In the Third Notice, we proposed to adopt petition to deny procedures based on former Section 22.30 of our rules, which provided for procedures regarding oppositions to applications. In addition, we proposed to adopt rules similar to former Section 22.943 of our 474 rules, which provided for procedures regarding the withdrawal of applications, to prevent the 475 filing of speculative applications and pleadings designed to extract money from sincere 220 MHz license applicants.476 Federal Communications Commission FCC 97-57 See also Section 1.53 of the Commission's Rules, 47 C.F.R. § 1.53. 477 But see Section 1.2105(c) of the Commission's Rules, 47
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- applications. The Ninth Report and Order in the competitive bidding docket adopted final auction rules to enable the Commission to complete the licensing of Phase I and Phase II cellular unserved licenses. Licensing Rules 1. Partitioning and/or Disaggregation permitted (see 47 C.F.R. 22.948) 2. No foreign ownership (see 47 C.F.R. 22.5) 3. Limitations on assignments and transfers (see 47 C.F.R. 22.943) 4. Spectrum cap limits Permissible Operations Licensees use cellular radiotelephone service (commonly referred to as cellular) spectrum to provide a mobile telecommunications service for hire to the general public using cellular systems. Cellular licensees may operate using either analog or digital networks, or both. Cellular licensees that operate digital networks may also offer advanced two-way data services. The Commission and
- http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
- filed and assigned by it rather than permitting the industry (as it does for PCS) to handle the process. This is unnecessary and inefficient, requiring cellular providers to file a notification with the Commission whenever there is a change in SIDs that could be much more expeditiously handled by the industry. l Trafficking limitations for cellular transfers and assignments (0 22.943) should be eliminated. License trafficking provisions were necessary when comparative hearings and lotteries were prevalent. With competitive bidding procedures in place, these outdated restrictions are no longer necessary. l Requirements concerning the form and content of unserved area cellular applications (Q 22.953) should be streamlined. The majority of these are unnecessary formatting requirements remaining from when numerous applications were filed