FCC Web Documents citing 24.103

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.pdf
  • It proposes the initial deployment of twenty-three base station sites to cover the City of Richmond and Henrico, Chesterfield, and Hanover Counties, but also requests authorization for the entire Richmond-Petersburg, Virginia Economic Area (EA 015), which covers thirty-eight counties, in order to provide for growth of the regional system to incorporate adjacent jurisdictions. Richmond requests waivers of Sections 24.11 and 24.103 of the Commission's rules, and any other of the Commission's rules that are necessary to grant its application. Richmond requires a waiver of Section 24.11 because its system would be site-based. Next, Richmond requires a waiver of Section 24.103 because the proposed paging system would not meet construction requirements to provide commercial service over a certain composite area or to
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
  • Market Barriers, WT Docket No. 96-1148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21870 ¶¶ 76-77 (1996). 47 U.S.C. § 309(j)(4)(B); see id. § 309(j)(3). See 47 U.S.C. § 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70. 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. § 24.103 (narrowband PCS). See AWS Allocation Order, ¶¶ 22-23. 47 C.F.R. § 1.946(c). See 47 U.S.C. § 309(j)(4)(C). ``Partitioning'' is the assignment of geographic portions of a license along geopolitical or other boundaries. ``Disaggregation'' is the assignment of discrete portions of ``blocks'' of spectrum licensed to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same geographic
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.txt
  • Radiotelephone Service and other Commercial Mobile Radio Services, WT Docket No. 01-108, Report and Order, 17 FCC Rcd 18401 (2002). See ``Wireless Telecommunications Bureau Approves Settlement Agreement between WWC License L.L.C. and WWC Holding Co., Inc. and N.E. Colorado Cellular Inc.,'' Public Notice, 17 FCC Rcd 26148 (rel. December 23, 2002). 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. §§ 24.103(h) (narrowband PCS), 24.203(a) and (b) (broadband PCS), 101.1011 (LMDS); 101.1325 (MAS). See SPTF Report at 48-49. Id. In order to achieve these benefits, flexible build out rules may be necessary. To the extent overlays result in mutually exclusive applications for spectrum usage rights, competitive bidding is required. See 47 C.F.R. § 309(j). 47 C.F.R. § 309(j)(4)(B). We retain current benchmarks
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.txt
  • Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21870 ¶¶ 76-77 (1996). AWS 1.7 and 2.1 GHz Service Rules Order, 18 FCC Rcd at 25193-95 ¶¶ 80-83. 47 U.S.C. § 309(j)(4)(B). See 47 U.S.C. § 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70. 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. § 24.103 (narrowband PCS). 47 C.F.R. § 1.946(c). See 47 U.S.C. § 309(j)(4)(C). 47 C.F.R. § 27.15. These rules apply to licensees in the 700 MHz bands and the 2.3 GHz band. See also Reallocation of the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-08, Notice of Proposed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.txt
  • a construction benchmark, for the Lower 700 MHz Band, the Commission observed that a ``substantial service'' standard ``provides the flexibility required to accommodate the new and innovative services that are permitted by the Lower 700 MHz Band's reallocation.'' Lower 700 MHz Report and Order, 17 FCC Rcd at 1079 ¶ 150. See 47 C.F.R. § 24.203. See 47 C.F.R. § 24.103. Nationwide narrowband PCS licensees that chose to meet the geographic requirement had to construct sufficient to serve a composite area of 750,000 square kilometers, regional licensees that chose this option had to construct sufficient to serve a composite area of 150,000 square kilometers, and MTA licensees in the service that chose this option had to construct sufficient to serve a
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.txt
  • held by that party. Id. AWS-1 Service Rules Report and Order, 18 FCC Rcd at 25192 ¶ 75. Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132 at Section III.A.2(a)(i) (rel. August 10, 2007) (700 MHz Second Report and Order). See 47 C.F.R. § 24.203. See 47 C.F.R. § 24.103. Nationwide narrowband PCS licensees that chose to meet the geographic requirement had to construct sufficient to serve a composite area of 750,000 square kilometers, regional licensees that chose this option had to construct sufficient to serve a composite area of 150,000 square kilometers, and Major Trading Areas (MTA) licensees in the service that chose this option had to construct sufficient
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1722A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1722A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1722A1.txt
  • In this Order, we address the construction notification and request for waiver filed by Instapage Network, Ltd. (``Instapage'') on June 22, 2000, with respect to its regional narrowband Personal Communication Service (``PCS'') license identified by call sign KNKV222. Specifically, Instapage asks the Wireless Telecommunications Bureau (``Bureau'') to accept its five-year construction notification or, in the alternative, waive sections 1.946 and 24.103 of the Commission's rules with respect to timing issues. For the reasons stated below, we dismiss Instapage's construction notification as defective and deny its request for waiver. We do, however, on our own motion, grant Instapage special temporary authority (``STA'') to continue its current operations, subject to certain conditions set forth below, in order for Instapage to transition its subscribers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1192A1.txt
  • note that Chasetel requested an extension of one week, but based on Chasetel's own account, its system was operational as of September 20, 2001, three days following the original deadline, and therefore, only a three-day extension is necessary. The Commission has used this basic definition of ``substantial service'' in a number of commercial wireless services. See, e.g., 47 C.F.R. § 24.103(d). Because the requirement can be met in a variety of ways, the Commission has stated that it will review substantial service showings on a case-by-case basis. PCS MO&O at 5019. Id. In addition, when responding to questions about broadband PCS C-block licenses, the Bureau pointed out that the substantial service alternative ``is specifically tailored for licensees interested in providing `niche'
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2458A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2458A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2458A1.txt
  • both petitions for reconsideration and affirm both Orders. Further, because we deny Instapage's Reconsideration Petition and because the STA expired on January 16, 2002, we dismiss Instapage's Stay Request as moot. BACKGROUND On January 23, 1995, the Commission granted Instapage, through its predecessor, a narrowband PCS license for Region 2 (South Region) on channel block 16. In accordance with section 24.103 of the Commission's rules, Instapage was required to meet its five-year coverage requirement no later than January 23, 2000. Specifically, as of that date, section 24.103(b) required Instapage either to provide coverage to a composite area of 150,000 square kilometers or to serve 37.5 percent of the population of its licensed area. Furthermore, sections 1.913(b) and 1.946(d) of the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2.txt
  • that technical algorithms in the rules conform to those employed in the software that the Commission uses to process applications. RadioSoft asserts that the rules specifying how average terrain is to be calculated vary slightly among the different services - both wireless and those broadcast services within the regulatory purview of the Media Bureau - that the Commission regulates. Section 24.103(b) - Construction requirements for narrowband PCS. Weblink proposes modifications to the construction requirements for regional narrowband PCS licensees. Specifically, it proposes that section 24.103(b) be amended to provide regional narrowband PCS licensees the option of satisfying the construction requirement for nationwide narrowband PCS licensees in the event that a regional licensee holds each of the five contiguous regional authorizations on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-129A2_Erratum.doc
  • that technical algorithms in the rules conform to those employed in the software that the Commission uses to process applications. RadioSoft asserts that the rules specifying how average terrain is to be calculated vary slightly among the different services - both wireless and those broadcast services within the regulatory purview of the Media Bureau - that the Commission regulates. Section 24.103(b) - Construction requirements for narrowband PCS. Weblink proposes modifications to the construction requirements for regional narrowband PCS licensees. Specifically, it proposes that section 24.103(b) be amended to provide regional narrowband PCS licensees the option of satisfying the construction requirement for nationwide narrowband PCS licensees in the event that a regional licensee holds each of the five contiguous regional authorizations on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1511A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1511A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1511A1.txt
  • basis. It proposes the initial deployment of twenty-three base station sites to cover the City of Richmond and Henrico, Chesterfield, and Hanover Counties, but requests authorization for the entire Richmond-Petersburg, Virginia Economic Area (EA 015), which covers thirty-eight counties, in order to provide for growth of the regional system to incorporate adjacent jurisdictions. Richmond requests waivers of Sections 24.11 and 24.103 of the Commission's Rules, 47 C.F.R. §§ 24.11, 24.103, and any other of the Commission's rules that are necessary to grant its application. Richmond states that a grant of its waiver request is warranted pursuant to Section 337(c) of the Communications Act, as amended (the Act), 47 U.S.C. § 337(c). Section 337(c) of the Act states that the Commission shall
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2495A1.txt
  • It proposes the initial deployment of twenty-three base station sites to cover the City of Richmond and Henrico, Chesterfield, and Hanover Counties, but also requests authorization for the entire Richmond-Petersburg, Virginia Economic Area (EA 015), which covers thirty-eight counties, in order to provide for growth of the regional system to incorporate adjacent jurisdictions. Richmond requests waivers of Sections 24.11 and 24.103 of the Commission's rules, and any other of the Commission's rules that are necessary to grant its application. Richmond requires a waiver of Section 24.11 because its system would be site-based. Next, Richmond requires a waiver of Section 24.103 because the proposed paging system would not meet construction requirements to provide commercial service over a certain composite area or to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2037A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2037A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2037A1.txt
  • pursuant to section 1.3, the Commission has authority to waive its rules if there is ``good cause'' to do so. 47 C.F.R. § 1.3. See also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990). The Commission has used this basic definition of ``substantial service'' in a number of commercial wireless services. See, e.g., 47 C.F.R. § 24.103(d). Because the requirement can be met in a variety of ways, the Commission has stated that it will review substantial service showings on a case-by-case basis. PCS MO&O at 5019. Id. In addition, when responding to questions about broadband PCS C-block licenses, the Bureau pointed out that the substantial service alternative ``is specifically tailored for licensees interested in providing `niche'
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2.txt
  • 80.605, U.S. Coast Guard Coordination 3060-0347 WTB-MD Section 97.311 Spread Spectrum (SS) Emission Types 3060-0360 WTB-MD Section 80.409, Station Logs 3060-0441 WTB-MD Sections 90.621(b)(4) and (b)(5) -- Selection and Assignment of Frequencies 3060-0508 WTB-MD Part 1 and Part 22 Reporting and Recordkeeping Requirements 3060-0537 WTB-MD Section 13.217, Records (COLEM) 3060-0599 WTB-MD Sections 90.425 and 90.647, Station Identification 3060-0625 WTB-MD Section 24.103, Construction Requirements, Commission's Rules to Establish New Personal Communications Services under Part 24 - GN Docket No. 90-314 3060-0626 WTB-MD Section 90.483, Permissible Methods and Requirements of Interconnecting Private and Public Systems of Communication 3060-0691 WTB-MD Section 90.665, Authorization, Construction and Implementation of MTA Licenses - 900 MHZ Specialized Mobile Radio (SMR) Service 3060-0695 WTB-MD Section 87.219, Automatic Operations 3060-0740
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1223A2_Rcd.pdf
  • Facilitate Development of SMR Systems in the 800 MHz Frequency Band 3060-0308 WTB-MD Section 90.505 Developmental operation, showing required 3060-0325 WTB-MD Section 80.605, U.S. Coast Guard Coordination 3060-0347 WTB-MD Section 97.311 Spread Spectrum (SS) Emission Types 3060-0360 WTB-MD Section 80.409, Station Logs 8343 3060-0537 WTB-MD Section 13.217, Records (COLEM) 3060-0599 WTB-MD Sections 90.425 and 90.647, Station Identification 3060-0625 WTB-MD Section 24.103, Construction Requirements, Commission's Rules to Establish New Personal Communications Services under Part 24 - GN DocketNo.90-314 3060-0626 WTB-MD Section 90.483, Permissible Methods and Requirements of Interconnecting Private and Public Systems of Communication 3060-0691 WTB-MD Section 90.665, Authorization, Construction and Implementation of MTA Licenses - 900 MHZ Specialized Mobile Radio (SMR) Service 3060-0695 WTB-MD Section 87.219, Automatic Operations 3060-0740 WTB-MD Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-849A1.txt
  • WPVF722, WPVF725, WPVF737, WPVF739, WPVF741, WPVF742, WPVF752, and WPVF754. 47 C.F.R. §22.503(k)(2)-(3). See Lower and Upper Paging Bands Auction Closes, Winning Bidders Announced, Public Notice, 16 FCC RCD 21821 (WTB 2001). See 47 C.F.R. §22.503(k)(2)-(3). Id. 47 C.F.R. §22.503(k)(3). The Commission has used this basic definition of ``substantial service'' for a number of commercial wireless services. See e.g. 47 C.F.R. §24.103(d). Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Paging Systems, WT Docket No. 96-18, Memorandum Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030 ¶ 66 (1999). Id. at ¶70. See 47 C.F.R. §1.946(c) and 47 C.F.R. §1.955(a)(2). JSM Holding LLC, Attachment to Construction Notification Filing at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-305A1.txt
  • Market Barriers, WT Docket No. 96-1148, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21870 ¶¶ 76-77 (1996). 47 U.S.C. § 309(j)(4)(B); see id. § 309(j)(3). See 47 U.S.C. § 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70. 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. § 24.103 (narrowband PCS). See AWS Allocation Order, ¶¶ 22-23. 47 C.F.R. § 1.946(c). See 47 U.S.C. § 309(j)(4)(C). ``Partitioning'' is the assignment of geographic portions of a license along geopolitical or other boundaries. ``Disaggregation'' is the assignment of discrete portions of ``blocks'' of spectrum licensed to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same geographic
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1.txt
  • the commencement of terrestrial service, it is not clear what consequences should attach to partial or permanent lapses in satellite coverage caused by technical failure or obsolescence of a satellite (or any other reason).''). See, e.g., 47 C.F.R. § 25.143(b)(2)(iii). See 2 GHz Order, 15 FCC Rcd at 16153-54, ¶59. See ICO Reply at 10 n.41 (citing 47 C.F.R. § 24.103; id. § 24.203). Section 24.103(a) of our rules, for example, requires nationwide narrowband PCS licensees to ``construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 1,500,000
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1_Erratum.doc
  • the commencement of terrestrial service, it is not clear what consequences should attach to partial or permanent lapses in satellite coverage caused by technical failure or obsolescence of a satellite (or any other reason).''). See, e.g., 47 C.F.R. § 25.143(b)(2)(iii). See 2 GHz Order, 15 FCC Rcd at 16153-54, ¶59. See ICO Reply at 10 n.41 (citing 47 C.F.R. § 24.103; id. § 24.203). Section 24.103(a) of our rules, for example, requires nationwide narrowband PCS licensees to ``construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 1,500,000
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-222A1.txt
  • Radiotelephone Service and other Commercial Mobile Radio Services, WT Docket No. 01-108, Report and Order, 17 FCC Rcd 18401 (2002). See ``Wireless Telecommunications Bureau Approves Settlement Agreement between WWC License L.L.C. and WWC Holding Co., Inc. and N.E. Colorado Cellular Inc.,'' Public Notice, 17 FCC Rcd 26148 (rel. December 23, 2002). 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. §§ 24.103(h) (narrowband PCS), 24.203(a) and (b) (broadband PCS), 101.1011 (LMDS); 101.1325 (MAS). See SPTF Report at 48-49. Id. In order to achieve these benefits, flexible build out rules may be necessary. To the extent overlays result in mutually exclusive applications for spectrum usage rights, competitive bidding is required. See 47 C.F.R. § 309(j). 47 C.F.R. § 309(j)(4)(B). We retain current benchmarks
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-251A1.txt
  • FCC 03-222, ¶ 38, rel. Oct. 6, 2003 (Rural Services NPRM) (if new wireless services are licensed using geographical areas, the Commission will examine the appropriateness of adopting a substantial service or alternative construction requirement for the new service at that time). See RCA Comments at 5-6. See id. at 5. See Petrocom Comments at 9. See 47 C.F.R. §§ 24.103(h), 24.203(b), and 27.14(a). 47 C.F.R. § 27.15. AWS Service Rules NPRM, 17 FCC Rcd at 24155 ¶ 50. ``Partitioning'' is the assignment of geographic portions of a license along geopolitical or other boundaries. ``Disaggregation'' is the assignment of discrete portions of ``blocks'' of spectrum licensed to a geographic licensee or qualifying entity. Disaggregation allows for multiple transmitters in the same
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-166A1.txt
  • within ten years. 47 C.F.R. § 24.203(a). Ten and 15 MHz broadband PCS licensees must provide service sufficient to cover one-third of the population or provide substantial service within 5 years of license grant. 47 C.F.R. § 24.203(b). Narrowband PCS providers may elect geographic-based, population-based or substantial service benchmarks in order to satisfy their construction obligations. See 47 C.F.R. § 24.103. See Amendment of the Commission's Rules to Establish New Personal Communications Services, GEN Docket No. 90-314, Second Report and Order, 8 FCC Rcd 7700, 7753-54 ¶¶ 132-134. The Commission concluded that, in addition to flexible technical and coverage rules, both large and small market sizes would promote the swift implementation and deployment of PCS service as well as increase competition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-218A1.txt
  • Notice of Proposed Rulemaking, 11 FCC Rcd 21831, 21870 ¶¶ 76-77 (1996). AWS 1.7 and 2.1 GHz Service Rules Order, 18 FCC Rcd at 25193-95 ¶¶ 80-83. 47 U.S.C. § 309(j)(4)(B). See 47 U.S.C. § 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 505 ¶ 70. 47 C.F.R. § 24.203. See, e.g., 47 C.F.R. § 24.103 (narrowband PCS). 47 C.F.R. § 1.946(c). See 47 U.S.C. § 309(j)(4)(C). 47 C.F.R. § 27.15. These rules apply to licensees in the 700 MHz bands and the 2.3 GHz band. See also Reallocation of the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, WT Docket No. 02-08, Notice of Proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-21A1.txt
  • ¶¶ 195-199. NextWave Petition at 4 n.12 (quoting Letter from Amy J. Zoslov, Chief, Auctions and Industry Analysis Division, Wireless Telecommunications Bureau to John A. Prendergast, Esq., Counsel for New Wave Networks, L.L.C., 14 FCC Rcd 6323 (1999)). NextWave 1998 Petition at 7 (citations omitted). 47 C.F.R. § 1.2107(b). Id. § 1.2109(c). Id. § 1.2110(g)(1). See, e.g., id. §§ 1.946(c), 24.103(h); 24.203(a),(b); 90.155(a); 90.633(d); 101.1011(a); 101.1325(c). Id. Letter from William E. Kennard, General Counsel, and Michele C. Farquhar, Chief, Wireless Telecommunications Bureau, Federal Communications Commission, to Leonard J. Kennedy, Esquire, and Richard C. Denning, Esquire, 11 FCC Rcd 21,572 (1996) (``Letter''). MetroPCS Petition at 3, 10. Letter, 11 FCC Rcd at 21,576. Id. (citing Debt Collection Act, as amended, 31 U.S.C.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-114A1.txt
  • a construction benchmark, for the Lower 700 MHz Band, the Commission observed that a ``substantial service'' standard ``provides the flexibility required to accommodate the new and innovative services that are permitted by the Lower 700 MHz Band's reallocation.'' Lower 700 MHz Report and Order, 17 FCC Rcd at 1079 ¶ 150. See 47 C.F.R. § 24.203. See 47 C.F.R. § 24.103. Nationwide narrowband PCS licensees that chose to meet the geographic requirement had to construct sufficient to serve a composite area of 750,000 square kilometers, regional licensees that chose this option had to construct sufficient to serve a composite area of 150,000 square kilometers, and MTA licensees in the service that chose this option had to construct sufficient to serve a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-164A1.txt
  • held by that party. Id. AWS-1 Service Rules Report and Order, 18 FCC Rcd at 25192 ¶ 75. Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, FCC 07-132 at Section III.A.2(a)(i) (rel. August 10, 2007) (700 MHz Second Report and Order). See 47 C.F.R. § 24.203. See 47 C.F.R. § 24.103. Nationwide narrowband PCS licensees that chose to meet the geographic requirement had to construct sufficient to serve a composite area of 750,000 square kilometers, regional licensees that chose this option had to construct sufficient to serve a composite area of 150,000 square kilometers, and Major Trading Areas (MTA) licensees in the service that chose this option had to construct sufficient
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.txt
  • In this regard, section 27.14(e) of the Commission rules, adopted in the 700 MHz proceeding, provides that a renewal applicant ``must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term.'' 47 C.F.R. § 27.14(e). See, e.g., 47 C.F.R. §§ 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). See, e.g., 47 C.F.R. §§ 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • In this regard, section 27.14(e) of the Commission rules, adopted in the 700 MHz proceeding, provides that a renewal applicant "must make a showing of substantial service, independent of its performance requirements, as a condition for renewal at the end of each license term." 47 C.F.R. § 27.14(e). 63See, e.g., 47 C.F.R. §§ 22.503(k)(1), (2) (paging MEA and EA licensees); 24.103(a)-(c) (narrowband PCS); 24.203(a), (b) (broadband PCS); 27.14(g), (h) (WCS 700 MHz licensees); 90.155(d) (multilateration LMS EA licensees); 90.665(c) (SMR MTA licensees); 90.685(b) (SMR EA licensees); 90.767 (220-222 MHz EA and Regional licensees); 90.769 (220-222 MHz Phase II nationwide licensees); 101.1325 (MAS EA licensees); 101.1413 (MVDDS). 64See, e.g., 47 C.F.R. §§ 22.503(k)(3) (paging MEA and EA licensees); 22.873 (commercial aviation air-ground
• 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
  • F-1 APPENDIX F PROPOSED RULES - PART 24 CURRENT SUBJECT PROPOSED NEW OR RULE (proposed change) REVISED RULE NUMBER NUMBER 24.2(b) Other applicable rule parts (change to revise description 24.2(b) of Part 1). 24.5 Terms and definitions (change to include ULS). 24.5 24.11(a) Initial authorization (change to permit auction winners to 24.11(a) file a single application for all markets won). 24.103(i) Construction requirements (add notification section). 24.103(i) 24.202 Service areas (administrative change to reflect change in 24.202 location of OET offices). 24.203 Construction requirements (add notification section). 24.203(d) 24.307 Long-form applications (move to consolidated Part 1 1.911, 24.307 rule). 24.405 Formal and informal applications (move to consolidated 1.911 Part 1 rule). 24.406 Filing of Narrowband Personal Communications Service 1.905, 1.911, 1.913,
• http://wireless.fcc.gov/auctions/06/releases/ro950230.pdf http://wireless.fcc.gov/auctions/06/releases/ro950230.txt http://wireless.fcc.gov/auctions/06/releases/ro950230.wp
  • rules. Id. at 2386. However, following a review of our existing MDS rules, we determined to alter the construction requirements that will be applicable to the holders of BTA authorizations obtained by competitive bidding. We also note that imposing such a build-out requirement is consistent with the requirements 97 of other area-based services, such as PCS. See 47 C.F.R. §§ 24.103 and 24.203 (requiring building out of narrowband and broadband PCS systems to serve percentage of population, or specified amount of area, within relevant service area). 70 162. Our current rules require the completion of construction of MDS stations within twelve months from the date of the conditional station license grant. 47 C.F.R. § 21.43. We will continue to apply this
• http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
  • addressed in a separate Order. 115 S.Ct. 2097 (1995). 23 Request for Comments in 900 MHz SMR Proceeding, Public Notice, PR Docket No. 89-553, DA 95-1479, released June 24 30, 1995. 47 C.F.R. § 90.665(c); Second R&O and Second Further Notice, supra, at ¶ 40. 25 Second R&O and Second Further Notice at ¶ 40; 47 C.F.R. §§ 24.203(b) and 24.103(c). 26 11 26. While the CMRS Third Report & Order established the framework for 900 MHz licensing, the Commission left the adoption of specific auction and service rules for the Phase II Order. In the Second Report and Order and Second Further Notice of Proposed Rule Making, we adopted final service rules, and requested comment on proposed auction rules. We
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • 272 commercial nationwide authorizations must meet construction benchmarks two, four, six, and ten years after initial license grant, and licensees granted non-commercial nationwide authorizations must construct and operate base stations in a minimum of 70 markets within five years of initial license grant. Third Notice, 11 FCC Rcd at 232 (para. 88). 273 Id. at 232 (para. 89). 274 Section 24.103(a) of the Commission's Rules, 47 C.F.R. § 24.103(a). 275 operating authorized base or fixed stations on Channels 1-40 within 6 km of their authorized base or fixed stations; and (2) their authorized base or fixed stations are not located in the United States/Mexico or United States/Canada border areas.271 5. Construction Requirements a. Nationwide Licensees (1) Proposal 154. In the Third
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • services, such as broadband and narrowband PCS, where other types of system design are used. In these services, we adopted construction requirements for authorizations based not on the construction of individual base stations, but on requiring licensees to provide a minimum coverage'' within their authorized area of operation.273 Federal Communications Commission FCC 97-57 Id. at 232 (para. 89). 274 Section 24.103(a) of the Commission's Rules, 47 C.F.R. § 24.103(a). 275 Fixed, point-to-point systems, for example, provide service in a linear manner, and thus a coverage area'' 276 calculation is not applicable. A substantial service'' construction requirement is used for licensees in the broadband PCS and 900 277 MHz SMR services. See Amendment of Parts 2 and 90 of the Commission's Rules
• http://wireless.fcc.gov/auctions/41/releases/fc000159.doc http://wireless.fcc.gov/auctions/41/releases/fc000159.pdf http://wireless.fcc.gov/auctions/41/releases/fc000159.txt
  • are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is available for public inspection in the FCC's Library, Room TW-B505, 445 12th Street SW, Washington, D.C. * * * * * 4. Section 24.103 is amended by removing the Note and by revising paragraphs (a), (b), (c), (d), (e) introductory text, and (f) to read as follows: § 24.103 Construction requirements. (a) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial
• http://wireless.fcc.gov/auctions/41/releases/fc970140.pdf http://wireless.fcc.gov/auctions/41/releases/fc970140.txt http://wireless.fcc.gov/auctions/41/releases/fc970140.wp
  • 9589, 9659-60 (1995); Allocation of Spectrum Below 5 GHz Transferred from Federal Government Use, Second Report and Order, ET Docket No. 94-32, 11 FCC Rcd 624, 669-670 (1995). 131 PCS First Report and Order, 8 FCC Rcd at 7168, 37. We modified these coverage requirements slightly in the PCS MO&O, 9 FCC Rcd at 1313-14, 31-34; see also 47 U.S.C. 24.103. 132 47 U.S.C. 24.103. 133 Paging Second Report and Order, FCC 97-59 at 63. These build-out requirements apply to MTA and EA geographic area paging licenses. Id. 134 Id. We have also adopted substantial service as an alternative to coverage requirements in 900 MHz SMR and for the 10 MHz blocks in broadband PCS. See 47 C.F.R. 24.203(a); see also
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • K CAPTION: Narrowband PCS Radio Service/Frequency Band Construction/Coverage Requirements Radio Service Code 47 C.F.R. Part Method of Notification Nationwide Licenses Provide coverage to a composite area of 750,000 sq. km or 37.5% of the US population within 5 years of initial license grant, and 1,500,000 sq. km or 75% of the population within 10 years of initial license grant. CN 24.103 601 Main Form and Schedule K Regional Licenses Provide coverage to a composite area of 150,000 sq. km or 37.5% of the US population within 5 years of initial license grant, and 300,000 sq. km or 75% of the population within 10 years of initial license grant. CN 24.103 601 Main Form and Schedule K MTA Licenses Provide coverage to
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • the frequencies by both countries.|||| 55|PC|This authorization requires that Nationwide Wireless Network Corp. (d/b/a NWN Corp.) shall construct a nationwide 50 kHz narrowband Personal Communications Services system that substantially uses the design and technology upon which the pioneer's preferen|ce award to Mobile Telecommunication Technologies Corporation was based. This condition expires upon meeting the five-year build-out requirement in 47 C.F.R. § 24.103(a).|||| Page 1 special_cond_code21.txt 56|PC|This authorization requires that Nationwide Wireless Network Corp. (d/b/a NWN Corp.)shall pay to the United States Treasury an amount equal to ninety (90) percent of the lowest winning bid for a nationwide narrowband PCS license or three million dollars (|$3,000,000) less than the lowest winning bid for a nationwide narrowband PCS license, whichever is less, not later
• 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
  • F-1 APPENDIX F PROPOSED RULES - PART 24 CURRENT SUBJECT PROPOSED NEW OR RULE (proposed change) REVISED RULE NUMBER NUMBER 24.2(b) Other applicable rule parts (change to revise description 24.2(b) of Part 1). 24.5 Terms and definitions (change to include ULS). 24.5 24.11(a) Initial authorization (change to permit auction winners to 24.11(a) file a single application for all markets won). 24.103(i) Construction requirements (add notification section). 24.103(i) 24.202 Service areas (administrative change to reflect change in 24.202 location of OET offices). 24.203 Construction requirements (add notification section). 24.203(d) 24.307 Long-form applications (move to consolidated Part 1 1.911, 24.307 rule). 24.405 Formal and informal applications (move to consolidated 1.911 Part 1 rule). 24.406 Filing of Narrowband Personal Communications Service 1.905, 1.911, 1.913,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00159.doc
  • are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is available for public inspection in the FCC's Library, Room TW-B505, 445 12th Street SW, Washington, D.C. * * * * * 4. Section 24.103 is amended by removing the Note and by revising paragraphs (a), (b), (c), (d), (e) introductory text, and (f) to read as follows: § 24.103 Construction requirements. (a) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991081.pdf
  • to whether or not they have met their five-year construction benchmarks. This Public Notice serves to: (1) remind licensees of their responsibility to notify the Bureau regarding construction, (2) to eliminate uncertainty with regard to rule changes pending before the Commission, and (3) to point out that notifications filed on or after July 1, 1999, must be submitted electronically. Section 24.103 of the Commission's Rules, 47 C.F.R. § 24.103, sets forth minimum coverage requirements for Narrowband PCS licensees. In sum, the rule requires nationwide, regional, and Major Trading Area (MTA) Narrowband PCS licensees to meet construction benchmarks within five and ten years of license grant. The benchmarks are based on providing coverage over a minimum amount of geographic area or to