FCC Web Documents citing 24.203

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

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  • 257 of the Communications Act-Elimination of 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
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  • market that are not covered by those facilities are considered "unserved areas" and become available for re-licensing on a site-by-site basis. The incumbent licensee, neighboring licensees, or new entrants may then apply on a site-by-site basis to serve any and all portions of the unserved area. The Commission receives approximately 40 cellular unserved area applications each month. 47 C.F.R. § 24.203. 47 C.F.R. § 22.949. The unserved area licensing process begins with Phase I, which is a one-time, one-day window for all interested parties to file for licenses in the unserved portions of the market. After disposition of any Phase I application(s), the cellular market proceeds to Phase II, in which carriers may file applications under a 30-day notice and cut-off
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  • State University, The Cost of Capital (visited Oct. 24, 2002) . See 47 C.F.R. § 0.459. See Seventh Report, at 12993. Resellers and satellite operators also offer mobile telephone services, and are discussed separately at the end of this section. See Seventh Report, at 13007-8. For information on the buildout requirements for broadband PCS licensees see 47 C.F.R. § 24.203(a) (b); for information on the buildout requirements for cellular licensees, see 47 C.F.R. §§ 22.946, 22.947, 22.949, 22.951.; and for information on the buildout requirements for non-site based SMR licensees, see 47 C.F.R. §§ 90.665 and 90.685. Code Division Multiple Access (``CDMA''), Global System Mobile Communications (``GSM''), integrated Digital Enhanced Network (``iDEN''), and Time Division Multiple Access (``TDMA''). See Seventh
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  • Reports have been improved and present this information on a more disaggregated, county-by-county basis. 11 See Seventh Report, at 12993. 12 Resellers and satellite operators also offer mobile telephone services, and are discussed separately at the end of this section. 13 See Seventh Report, at 13007-8. For information on the buildout requirements for broadband PCS licensees see 47 C.F.R. § 24.203(a) (b); for information on the buildout requirements for cellular licensees, see 47 C.F.R. §§ 22.946, 22.947, 22.949, 22.951.; and for information on the buildout requirements for non-site based SMR licensees, see 47 C.F.R. §§ 90.665 and 90.685. 14 Code Division Multiple Access ("CDMA"), Global System Mobile Communications ("GSM"), integrated Digital Enhanced Network ("iDEN"), and Time Division Multiple Access ("TDMA"). Federal
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  • the Rural Radiotelephone Service. Subscribers are also eligible to hold authorizations to operate rural subscriber stations in the Rural Radiotelephone Service. Part 24 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 24 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 and 332. 2. Section 24.203(a) is amended to read as follows: § 24.203 Construction requirements. (a) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. Alternatively,
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  • 96-1148, Report and Order and Further 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
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  • outer edges of the geographic licensee's channel block while ``interior'' channels are those inside the geographic licensee's channel block assignment that are adjacent to other licensees. Id. See SMR Second R&O, 10 FCC Rcd at 6907 ¶¶ 60-61; CMRS Third R&O, 9 FCC Rcd at 8067-68 ¶¶ 160-61. 47 U.S.C. § 309(j)(4)(B). 47 U.S.C. § 309(j)(3)(D). See 47 C.F.R. § 24.203(a) and (b); 47 C.F.R. §§ 90.665(b) and (c). SMR Second R&O, 10 FCC Rcd at 6898 ¶ 40. SMR Second R&O, 10 FCC Rcd at 6898 ¶ 41. 47 U.S.C. § 309(j)(3). See CMRS R&O, 9 FCC Rcd at 8081 ¶¶ 190-91. Loading rules require an applicant to demonstrate that it will ``load'' a channel with a certain number of
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  • other performance requirements, such as 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
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  • Commission within 15 days of the expiration of the applicable construction or coverage period.''). When the Commission adopted a benchmark approach for Personal Communications Service (PCS), it stated: ``Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.'' 47 C.F.R. § 24.203(c). See, e.g., Cellular South 700 MHz Further Notice Comments at 5. See, e.g., 47 C.F.R. § 1.17 (Truthful and accurate statements to the Commission); 47 C.F.R. § 1.917 (``Willful false statements made therein, however, are punishable by fine and imprisonment, 18 U.S.C. 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to 312(a)(1) of the Communications Act
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  • amount of spectrum or area 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
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  • bid'' and the applicant's application ``will be dismissed,'' that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of the Commission's rules specifically provide for the automatic termination of a licensee's license for violation of section 24.203. Northeast claims that an auction applicant must be able to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W.; TW-A325 WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov WIRELESS TELECOMMUNICATIONS BUREAU REMINDS BROADBAND PERSONAL COMMUNICATIONS SERVICES (PCS) LICENSEES OF FIVE-YEAR CONSTRUCTION BENCHMARK . Section 24.203 of the Commission's rules requires Broadband PCS licensees (30 MHz blocks) to serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed. Licensees must file maps and other supporting documents showing that they have met the five-year benchmark. Because 2000 census data is
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  • February 23, 2000, and on April 4, 2000, the parties consummated the assignment agreement. Upon assignment of the license, American Wireless became obligated to fulfill the construction requirements that Bay Springs earlier had assumed. In acquiring its partitioned license from PrimeCo in 1995, Bay Springs agreed to assume responsibility for meeting the Commission's applicable construction requirements, pursuant to Commission Rule 24.203(a). That required Bay Springs, as licensee, to provide service in its license area to at least one-third of the population within five years of originally being licensed, and two-thirds within ten years. Accordingly, when American Wireless was assigned Bay Springs's license, American Wireless assumed responsibility for meeting those same ``build-out'' requirements by the June 23, 2000 deadline for PCS B
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  • ) ) GTE Wireless of the Pacific, Inc. ) ) Request for Waiver of Construction ) Requirements for PCS Station WPOI208 ) In the Yakima, Washington BTA ) ) By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On June 23, 2000, GTE Wireless of the Pacific, Inc. (GTE) filed a request seeking waiver of Section 24.203(a) of the Commission's Rules in order to extend the five-year construction benchmark for Personal Communications Service (PCS) Station WPOI208 in the Yakima, Washington Basic Trading Area (BTA). By this Order, we grant GTE's waiver request to the extent described below. II. Background 2. The Yakima market was initially part of GTE's Seattle A-Block MTA license, issued under call sign KNLF247.
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  • REQUEST FOR WAIVER OF THE FIVE YEAR BROADBAND PCS CONSTRUCTION REQUIREMENT FOR THE PARTITIONED/DISAGGREGATED LOUISVILLE MTA (026) Comment Date: September 4, 2000 Reply Date: September 19, 2000 On July 7, 2000, TeleCorp PCS, L.L.C. (``TeleCorp''), licensee of call sign WPOI215, a license partitioned/disaggregated from the Louisville MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a). Pursuant to this Section, licensees are required to provide adequate service to at least one-third of the population in their licensed areas within five years. TeleCorp acquired this license through partitioning and dissagregation from AT&T Wireless PCS, LLC. In that transaction, TeleCorp certified that it would meet the construction requirements found in
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  • OF THE FIVE YEAR BROADBAND PCS CONSTRUCTION REQUIREMENT FOR THE PARTITIONED CINCINNATI MTA (018) Comment Date: September 4, 2000 Reply Date: September 19, 2000 On July 7, 2000, West Virginia PCS Alliance, L.C. (``WV PCS''), licensee of call sign WPOH986, a license partitioned from the Cincinnati MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a). Pursuant to this Section, licensees are required to provide adequate service to at least one-third of the population in their licensed areas within five years. WV PCS submits that it has met the threshold, but requests a waiver of the construction requirements in the event that the Commission concludes that WV PCS
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  • WAIVER OF THE FIVE YEAR BROADBAND PCS CONSTRUCTION REQUIREMENT FOR THE PARTITIONED/DISAGGREGATED ST. LOUIS MTA (019) Comment Date: September 4, 2000 Reply Date: September 19, 2000 On July 7, 2000, TeleCorp PCS, L.L.C. (``TeleCorp''), licensee of call sign WPOI217, a license partitioned/disaggregated from the St. Louis MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a). Pursuant to this Section, licensees are required to provide adequate service to at least one-third of the population in their licensed areas within five years. TeleCorp acquired this license through partitioning and dissagregation from AT&T Wireless PCS, LLC. In that transaction, TeleCorp certified that it would meet the construction requirements found in
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  • assigned only to an entity that meets the entrepreneur financial caps or that holds another C or F block license that it acquired while meeting the entrepreneur financial caps. This restriction ends five years after the date of the initial license grant or upon notification by the licensee that it has satisfied its five-year construction requirement under 47 C.F.R. § 24.203(c), whichever comes first. Licenses won in open bidding are not subject to this restriction and may be transferred or assigned any time after grant to any qualified entity. Unjust Enrichment Payments C or F block licensees that use a small or very small business bidding credit, and during the first five years of their license term seek to assign or
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  • of the license term . . . Finally, contract provisions also allow the former licensee to take control of the license without seeking prior Commission approval. Specifically, the agreements allow Wilkinson to take possession `without legal processes.''' See 94 F.C.C. 2d at 839 ¶ 19 and n. 10. See Southwest Opposition at 10. Id. at 11. See 47 C.F.R. § 24.203. See 47 C.F.R. § 24.203(a) and (b). The Buy-Back Option is only exercisable within a 90-day period which begins two years from the date of closing of the Poka Lambro/Southwest underlying transaction. See Poka Lambro Asset Agreement at Section 10.1. See Merkely, 94 F.C.C. 2nd at 839 ¶ 19 and n. 10; see also Churchill Tabernacle v. FCC, 160 F.
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  • rapid deployment of new technologies and services."66 Therefore, we 38 See CIRI Opposition at 2. CIRI also states that nine more of its systems are currently under construction in markets with fewer than 100 POPs per square mile. Id. 59 Id. at 3. 60 Id. at 4. Construction build-out requirements for the PCS and WCS licenses are found in sections 24.203 and 24.17 of the Commission's rules, respectively. Sec 47 C.F.R. §§ 24.203. 27.14. 61 CIR] Opposition at 3. 62 CIRI and VoiceStream both challenge WITCO's standing as a party-in-interest in the instant proceeding. See id. at 5-6; VoiceStream Opposition at 2-5. Because we deny the WITCO Petition to the extent WITCO claims that the instant transfers of control will harm
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  • Date: May 30, 2001 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. § 1.925(c), the Wireless Telecommunications Bureau seeks comment on the Request for Waiver and Extension of Broadband PCS Construction Requirements filed on April 26, 2001, by Leap Wireless International, Inc., on behalf of itself and its affiliates and subsidiaries (collectively, ``Leap''). Leap requests waiver of section 24.203(a) and (b) of the Commission's rules, 47 C.F.R. § 24.203(a) and (b), to extend the time period to meet the requisite coverage for 38 broadband PCS licenses it recently acquired through assignment. Section 24.203(a) provides that a broadband PCS licensee of a 30 MHz block must serve with a signal level sufficient to provide adequate service to at least one-third
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  • to Nextel. See In Re Applications of Motorola, Inc.; Motorola SMR, Inc.; and Motorola Communications and Electronics, Inc. Assignors; and FCI 900, Inc. Assignee, Order, DA 01-947 (2001 WESTLAW 388253, FEDCOM FCC library) (WTB rel. Apr. 17, 2001). According to FCC records, Motorola and Nextel have not yet consummated that assignment. Nextel Request at 3. See, e.g., 47 C.F.R. § 24.203(a) (30 MHz broadband PCS licensees). Nextel Request at 1. Id. at 2. Id. at 5. Id. at 8. Id. See Letter dated March 19, 2001 from Lawrence R. Krevor, Vice President, Government Affairs, Nextel to Michael Ferrante, Wireless Telecommunications Bureau, Federal Communications Commission (Nextel March 19, 2001 Ex Parte). Thirteen of the sixteen parties in this proceeding support an extension
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  • and its assigned file number. Click on the Print Preview button or the call sign to access Print Preview. The five-year construction deadline for a majority of these licensees is September 17, 2001. Notifications must be filed with the Commission within 15 days of the construction deadline (i.e., October 2, 2001) pursuant to 47 C.F.R. § 1.946. 47 C.F.R. § 24.203(c). See 47 C.F.R. § 24.203. See also 47 C.F.R. §1.946(c). See 47 C.F.R. §§ 1.913 and 1.946. See 47 C.F.R. §1.946(e). See Wireless Telecommunications Bureau Reminds Licensees of Mandatory Electronic Filing Via the Universal Licensing System Beginning July 1, 1999, Public Notice DA 99-1080 (June 3, 1999), and Wireless Telecommunications Bureau Recommends Licensees Take Steps to Prepare for Electronic Filing
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  • FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 01-1624 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: July 11, 2001 WIRELESS TELECOMMUNICATIONS BUREAU UPDATES ITS LICENSING RECORDS REGARDING CONSTRUCTION DEADLINES FOR BROADBAND PCS C, D, E and F BLOCK LICENSES The Wireless Telecommunications Bureau (Bureau) has updated its licensing records consistent with 47 C.F.R. § 24.203. Prior to the update many Broadband PCS licenses (i.e., some C block licenses and all D, E, and F block licenses) were inadvertently issued with a first (five-year) and a second (ten-year) construction deadline. The second deadline has been removed from licenses that have construction requirements pursuant to 47 C.F.R. § 24.203(b) and therefore have only one (five-year) construction deadline.
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  • Comment Date: August 3, 2001 Pursuant to section 1.925(c) of the Commission's rules, 47 C.F.R. § 1.925(c), the Wireless Telecommunications Bureau seeks comment on the Request for Limited Waiver and Extension of Time to Construct filed on June 26, 2001, by Summit Wireless, LLC, Summit Wireless WOW, LLC, and Summit Wireless Billings, LLC (collectively, ``Summit''). Summit requests waiver of section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a), to extend the time period to meet the requisite coverage for five C-block broadband Personal Communication Service (``PCS'') licenses it recently acquired through assignment. Section 24.203(a) provides that a broadband PCS licensee of a 30 MHz block must serve with a signal level sufficient to provide adequate service to at least one-third
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  • 16,266 (2000) (``C/F Block Sixth Report and Order''). To permit the transfer of C and F block PCS licenses to non-entrepreneurs prior to the end of the five-year holding period, the C/F Block Sixth Report and Order modified both the five-year holding period and limited transfer rule, 47 C.F.R. § 24.839 (2000), and the construction requirements rule, 47 C.F.R. § 24.203 (2000). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5588-89, ¶¶ 128-29 (1994); see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 465-469, ¶¶ 117-127 (1994) and 47 C.F.R.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TELECORP PCS, LLC Request for Waiver of Section 24.203(a) of the Commission's Rules for Broadband PCS Licenses WPOI215 in the Louisville-Lexington-Evansville MTA and WPOI217 in the St. Louis MTA ) ) ) ) ) ) ) ) ) File Nos. 0000182612 0000182956 Adopted: October 25, 2001 Released: October 26, 2001 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: Introduction In this Order, we address the construction notifications and
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WEST VIRGINIA PCS ALLIANCE, L.C. Request for Waiver of Section 24.203(a) of the Commission's Rules for Broadband PCS License WPOH986 in the Cincinnati-Dayton MTA ) ) ) ) ) ) ) ) File No. 0000182956 Adopted: October 25, 2001 Released: October 26, 2001 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: Introduction In this Order, we address the construction notification and request for waiver filed by West Virginia PCS Alliance,
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other instances, ``[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' TeleCorp and AT&T Wireless state that five-year build-out notifications have been filed for all of the C and F block licenses implicated in the transfer of control applications to AT&T Wireless. TeleCorp has not filed notifications for all of its C and F Block licenses, and the parties intend that those TeleCorp
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  • 4, 2001 and April 28, 2002 until October 24, 2002). Finally, Leap also provided information about the steps that it had taken to meet the construction requirements in each of the markets - generally for the Data Markets and specifically for each of the Voice Markets. DISCUSSION With respect to its 30 MHz C-block license, Leap seeks waiver of section 24.203(a) of the Commission's rules, which requires the licensee to provide coverage to at least one-third of the population in its licensed service area within five years of the initial grant date. With respect to its 10 MHz and 15 MHz licenses, Leap seeks waiver of section 24.203(b) of the Commission's rules, which requires coverage to at least one-quarter of the
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  • Request is with respect to the authorization for the C-block in the Sedalia, MO Basic Trading Area (``Sedalia BTA'') in the broadband PCS radio service. RRA's license was granted under call sign KNLF347 on September 17, 1996, and was later disaggregated pursuant to the Commission's installment payment restructuring. Accordingly, RRA was required to meet the five-year construction requirements of section 24.203(b) for this license no later than September 17, 2001. Specifically, as of this deadline, RRA was to provide coverage to one-quarter of the population of the Sedalia BTA or make a showing of substantial service in its service area. Moreover, pursuant to sections 1.913(b) and 1.946(d), RRA was required to submit a notification of construction electronically no later than October
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  • LLC, and Summit Wireless Billings, LLC (collectively, ``Summit'') filed a Request for Limited Waiver and Extension of Time to Construct (``Extension Request'') for five broadband PCS licenses. For the reasons set forth below, we dismiss Summit's Extension Request as moot and close the proceeding initiated by Summit's Extension Request. In its Extension Request, Summit specifically requested a waiver of section 24.203 of the Commission's rules to extend the five-year construction period by seven months (i.e., from September 17, 2001 to April 17, 2002). On July 13, 2001, the Wireless Telecommunications Bureau (``Bureau'') sought comment of Summit's Extension Request. In response, two parties filed comments, both of which opposed grant of the Extension Request. Between September 11 and September 24, 2001, Summit
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  • an increase in service, which will continue as interconnected mobile voice providers build out their licensed areas. For PCS licenses, Commission rules require PCS licensees to construct their systems so that there is sufficient signal strength to provide adequate service to one-third of the population of the market within five years and two-thirds within 10 years. See 47 C.F. R. §§24.203(a) and (b). 900 MHz Major Trading Area (``MTA'') licenses are required to build out their systems to cover one-third of the MTA population within three years and two-thirds of the MTA population within five years of the license grant. See 47 C.F.R. §90.665. Strategis Report, SMR at 66. Pittencrieff Order at ¶39; Strategis Report, SMR at 66. Fifth CMRS Competition
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  • to meet the construction requirement for a broadband Personal Communications Services (``PCS'') license. We also address Chasetel's showing of substantial service to meet the construction requirement for the same license. For the reasons set forth below, we grant the extension of time to construct, as modified herein, and find that the substantial service showing meets the construction requirements of section 24.203(b) of the Commission's rules. II. BACKGROUND On September 17, 1996, the Commission granted Chasetel's predecessor-in-interest, Chase Telecommunications, Inc., a broadband PCS license on the C-block in the Middlesboro-Harlan, KY Basic Trading Area (``Middlesboro BTA'') under call sign KNLF468. In 1998, pursuant to the Commission's installment payment restructuring for broadband PCS C-block licenses, Chasetel disaggregated the license, retaining 15 MHz of
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  • forth herein with regard to each license individually. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. § 154(i), and sections 0.331, 1.925, and 1.946(e) of the Commission's rules, 47 C.F.R. §§ 0.331, 1.925, 1.946(e), that the Petition for Expedited Waiver and Extension of the Broadband PCS Construction Requirements of Section 24.203 of the Commission's Rules filed by Telecom Wrap Up Group, LLC, on July 10, 2001, and the Petition for Expedited Waiver and Extension of the Broadband PCS Construction Requirements of Section 24.203 of the Commission's Rules filed by the Trustee in Bankruptcy for Magnacom Wireless, LLC on September 17, 2001, ARE CONDITIONALLY GRANTED to the extent provided herein. IT IS
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  • (PCS) licenses. For the reasons set forth below, we grant Northstar an additional four months to meet the construction requirement as modified herein. Since late 2000, Northstar has acquired a number of broadband PCS licenses, including the authorizations for the F-Block in the following two Basic Trading Areas (BTAs): Middlesboro-Harlan, KY BTA (BTA295) and Somerset, KY (BTA423). Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees, which includes F-Block licensees, are required to provide service to at least one-quarter of the population of their BTAs, or make a showing of substantial service, within five years of initial license grant. Failure to comply with the construction requirement would result in automatic termination of the license. The five-year deadline
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  • the PCS construction requirement as modified herein. Since late 1999, Summit has acquired a number of broadband PCS licenses, including the authorizations for the F-Block in the following six Basic Trading Areas (BTAs): Bozeman, MT (BTA053), Butte, MT BTA (BTA064), Helena, MT BTA (BTA188), Kalispell, MT BTA (BTA224), Missoula, MT BTA (BTA300), and Riverton, WY BTA (BTA375). Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees, which includes F-Block licensees, are required to provide service to at least one-quarter of the population of their BTAs or make a showing of substantial service within five years of initial license grant. Failure to comply with the construction requirement would result in automatic termination of the license. Based on their
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  • requirements for one of its broadband Personal Communications Services (PCS) licenses. For the reasons set forth below, we deny the request and notify Polycell that its license automatically terminated on April 28, 2002. On April 28, 1997, the Commission granted Polycell the F-Block PCS authorization in the Oil City, PA Basic Trading Area (BTA328) (Oil City BTA). Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees, which includes F-Block licensees such as Polycell, are required to provide service to at least one-quarter of the population of their BTAs or make a showing of substantial service within five years of initial license grant. Failure to comply with this construction requirement results in automatic termination of the license. Based
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  • a request by Minnesota PCS Limited Partnership (``MN PCS'') for waiver and an extension of time to satisfy the construction requirements for two of its broadband Personal Communications Services (``PCS'') licenses. Specifically, pursuant to sections 1.925 and 1.946 of the Commission's rules, MN PCS asks for a thirty-day extension of time in order to satisfy its construction requirements of section 24.203(b) for stations KNLG948, the F Block 10 MHz license for the Fergus Falls, Minnesota, BTA142 (``Fergus Falls BTA'') and KNLF934, the F Block 10 MHz license for the Bemidji, Minnesota BTA037 (``Bemidji BTA''). For the reasons stated below, we grant MN PCS's waiver request for the Fergus Falls and Bemidji BTAs. background MN PCS is the licensee for a number
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  • was authorized to operate a broadband PCS system on the C-block in the Brainerd, Minnesota Basic Trading Area (``Brainerd BTA'') under call sign KNLF389. In 1998, pursuant to the Commission's installment payment restructuring for broadband PCS C-block licensees, the license for KNLF389 was disaggregated and 15 MHz of the spectrum was returned to the Commission for relicensing. Pursuant to section 24.203(b) of the Commission's rules, licensees of such disaggregated 15 MHz blocks are required to provide service to at least one-quarter of the population of their licensed area or make a showing of substantial service within five years of initial license grant. In this case, MN PCS was required to satisfy its five-year construction requirement by September 17, 2001. On September
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  • of its wholly-owned subsidiary, BWI Midwest LHC, Inc. (``Monet''), for waiver and extension of time to meet the construction requirements (``Extension Request'') for two of its broadband Personal Communications Services (``PCS'') licenses. Specifically, pursuant to sections 1.925 and 1.946 of the Commission's rules, Monet asks for a thirty-day extension of time in order to satisfy its construction requirements of section 24.203(b) for stations KNLH770, the E Block 10 MHz license for Willmar-Marshall, Minnesota, BTA477 (``Willmar-Marshall BTA'') and KNLH737, the D Block 10 MHz license for Bemidji, Minnesota, BTA037 (``Bemidji BTA''). For the reasons stated below, we grant Monet's waiver request for the Willmar-Marshall and Bemidji BTAs. background Since its formation in 1999, Monet has acquired, through the post-auction secondary market, a
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  • MN'') and Redwood Wireless Wisconsin, L.L.C. (``Redwood WI'') (collectively, ``the Petitioners'') for waiver and extension of time to meet the construction requirements for two broadband Personal Communications Services (``PCS'') licenses. Specifically, Redwood MN and Redwood WI seek a ninety-day extension of time, to commence upon Commission action on their Extension Requests, in order to satisfy their construction requirements under section 24.203(b) for stations KNLG214, the F-block license for Brainerd, Minnesota, BTA054 (``Brainerd BTA'') and KNLH430, the F-block license for Grand Forks, North Dakota, BTA166 (``Grand Forks BTA''). For the reasons stated below, we deny the Extension Requests and find that the Petitioners' licenses terminated automatically on April 28, 2002. background Redwood MN is the licensee of four broadband PCS licenses, including
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' AWS and Cingular state that five-year build-out notifications have been filed for all the C and F block licenses implicated in the assignment applications. AWS and Cingular acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments or transfers of control
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other instances, ``[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' ClearComm and TEM state that five-year build-out notifications have been filed for all of the wireless licenses implicated in the transfer of control applications to TEM. Additionally, ClearComm and TEM acknowledge that any remaining debt under the installment payment plan will be paid prior to or upon consummation of the transfer of
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  • By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction In this Order, we address the request by Eldorado Communications, L.L.C. (``Eldorado'') for waiver and extension of time to meet the construction requirements for one of its broadband Personal Communications Services (``PCS'') licenses. Specifically, Eldorado seeks an extension of time in order to satisfy its construction requirements under section 24.203(b) for station KNLG740, the F-block license for the Houghton, Michigan Basic Trading Area, BTA194 (``Houghton BTA''). For the reasons stated below, we deny the Extension Request and find that Eldorado's license terminated automatically on April 28, 2002. background Eldorado is the licensee of the 10 MHz F-block broadband PCS license in the Houghton BTA. Pursuant to section 24.203(b) of the
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  • within five years of initial license grant (i.e., by September 17, 2001). On September 17, 2001, MN PCS electronically filed a notification with the Commission which stated that its level of coverage as of the construction deadline was only 9.9 percent of the population of the Fergus Falls BTA. Noting that it failed to meet the coverage requirement of section 24.203(b) of the Commission's rules, MN PCS requested an additional 12 months to meet the requisite level of coverage. DISCUSSION As an initial matter, we find that MN PCS did not comply with the requirements of section 24.203(b) of the Commission's rules because, as it acknowledged, its coverage as of the five-year construction deadline (i.e., 9.9 percent of the relevant population)
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  • button or the call sign to access Print Preview. The five year construction deadline for the majority of these licensees is either April 28, 2002 or June 27, 2002. Notifications must be filed with the Commission within 15 days of the construction deadline (i.e., May 13, 2002 or July 12, 2002) pursuant to 47 C.F.R. § 1.946. 47 C.F.R. § 24.203(c). See 47 C.F.R. § 24.203. See also 47 C.F.R. §1.946(c). See 47 C.F.R. §§ 1.913 and 1.946. See 47 C.F.R. §1.946(e). See Wireless Telecommunications Bureau Reminds Licensees of Mandatory Electronic Filing Via the Universal Licensing System Beginning July 1, 1999, Public Notice DA 99-1080 (June 3, 1999), and Wireless Telecommunications Bureau Recommends Licensees Take Steps to Prepare for Electronic Filing
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  • to this Order. For the reasons set forth below, we grant the Extension Request with certain conditions described herein. Since its formation in 1999, Monet has acquired, through the post-auction secondary market, eleven 10 MHz D- and E-block broadband PCS licenses (``Licenses'') located in Basic Trading Areas (``BTAs'') throughout Minnesota, North Dakota, South Dakota, and Kansas (``Markets''). Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees are required to provide service to at least one-quarter of the population of their BTAs or make a showing of substantial service within five years of initial license grant. Based on their original grant date, the five-year deadline for the Licenses is April 28, 2002. On December 20, 2001, Monet filed
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  • transaction through competitive bidding. Northcoast acquired forty-seven of the licenses in PCS Auction No. 11, and forty-two of these are subject to the Commission's entrepreneurial eligibility restrictions. Northcoast is eligible to assign these licenses to Verizon Wireless before the expiration of the five-year holding period because the Applications were filed subsequent to Northcoast's notification to the Commission, pursuant to section 24.203(c) of the Commission's rules, that its five-year construction requirements for these licenses have been satisfied. Before this transaction may be consummated, however, the remaining balance plus interest on Northcoast's installment financing for these licenses must be paid. Northcoast acquired the remaining three licenses in PCS Auction No. 35. These licenses are not subject to the transfer and assignment restrictions of
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  • transaction through competitive bidding. Northcoast acquired forty-seven of the licenses in PCS Auction No. 11, and forty-two of these are subject to the Commission's entrepreneurial eligibility restrictions. Northcoast is eligible to assign these licenses to Verizon Wireless before the expiration of the five-year holding period because the Applications were filed subsequent to Northcoast's notification to the Commission, pursuant to section 24.203(c) of the Commission's rules, that its five-year construction requirements for these licenses have been satisfied. Before this transaction may be consummated, however, the remaining balance plus interest on Northcoast's installment financing for these licenses must be paid. Northcoast acquired the remaining three licenses in PCS Auction No. 35. These licenses are not subject to the transfer and assignment restrictions of
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  • the event that a regional licensee holds each of the five contiguous regional authorizations on the same frequency. Weblink argues that a carrier holding each of the regional authorizations on the same channel in effect has a de facto ``nationwide'' authorization and that requiring compliance with a stricter set of construction benchmarks established for regional licensees would be inefficient. Section 24.203(b) - Construction requirements for broadband PCS. Commnet seeks revision of the provisions relating to the construction requirements for 10 MHz and 15 MHz licensees, as set forth in section 24.203(b) of the rules. In particular, Commnet requests that the rule simply state that each licensee must make a showing of ``substantial service,'' and that service to at least one quarter
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  • the event that a regional licensee holds each of the five contiguous regional authorizations on the same frequency. Weblink argues that a carrier holding each of the regional authorizations on the same channel in effect has a de facto ``nationwide'' authorization and that requiring compliance with a stricter set of construction benchmarks established for regional licensees would be inefficient. Section 24.203(b) - Construction requirements for broadband PCS. Commnet seeks revision of the provisions relating to the construction requirements for 10 MHz and 15 MHz licensees, as set forth in section 24.203(b) of the rules. In particular, Commnet requests that the rule simply state that each licensee must make a showing of ``substantial service,'' and that service to at least one quarter
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' The Parties to those assignments state that five-year build-out notifications have been filed for each of the F block licenses implicated in the assignment applications. The Parties to those assignments acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments or
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' The Northcoast Companies and Cellco state that the five-year build-out notifications have been filed for all of the forty-two F block licenses won in closed bidding in Auction No. 11. Five of the licenses acquired in Auction No. 11 and three of the licenses acquired in Auction No. 35 are not closed
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  • the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: introduction In this Order, we address the request by Northstar Technology, LLC (``Northstar'') for waiver and extension of time to meet the construction requirements for one of its broadband Personal Communications Services (``PCS'') licenses. Specifically, Northstar seeks a four-month extension of time in order to satisfy its construction requirement under section 24.203(b) for station KNLG232, the F Block license for the Corbin, Kentucky Basic Trading Area, BTA098 (``Corbin BTA''). For the reasons stated below, we deny the Extension Request and find that the subject license terminated automatically on April 28, 2002. background Northstar is the licensee of the 10 MHz F Block broadband PCS license in the Corbin BTA. Northstar acquired its
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' The parties state that the five-year build-out notifications have been filed for all of the C and F block licenses implicated in the assignment applications. The licenses at issue are subject to installment payment financing and Cingular is not a qualified designated entity. The parties propose to pay, upon consummation of the
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  • date of the initial license grant,'' 47 C.F.R. § 24.839(a)(1), ``[t]he propsed assignee . . . meets the eligibility criteria of or it hold other licenses for frequency blocks C and F,'' id. § 24.839(a)(2), and ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' id. § 24.839(a)(6). The parties state that some of the C and F block licenses implicated in the assignment applications are within five years of the initial grant and the five-year build-out notifications have been filed for some, but not all, of these licenses. 47 C.F.R. § 24.709(a)(2). Id. § 24.709(a)(1). Id.
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' The parties state that the five-year build-out notifications have been filed for all of the C and F block licenses implicated in the assignment applications. Additionally, the parties acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments and any other
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  • In this Order, we address the requests by PinPoint Wireless, Inc. (``PinPoint'') for waiver and extension of time to meet the construction requirements for two broadband Personal Communications Services (``PCS'') licenses. Specifically, PinPoint seeks an extension of time of just over five months (from June 26, 2002 until December 12, 2002) in order to satisfy its construction requirements under section 24.203(b) for stations KNLH671, the D block license for the Hastings, Nebraska Basic Trading Area, BTA185 (``Hastings BTA'') and KNLH681, the D block license for the North Platte, Nebraska Basic Trading Area, BTA325 (``North Platte BTA''). For the reasons stated below, we deny the Extension Requests and find that PinPoint's licenses terminated automatically on June 26, 2002. We grant PinPoint special
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  • NextWave a fair opportunity to satisfy the letter and spirit of our construction rules without a cloud over, or uncertainty about, the status of the Licenses. For this reason, we grant their request for tolling. The relief granted to NextWave does not alter or change its obligations to meet the 10-year construction benchmark for its C Block Licenses under Section 24.203(a) of the Commission's rules. 8. In light of our decision, we dismiss as moot NextWave's alternative request for a waiver and/or extension of time to complete construction. We will address separately NextWave's request for clarification that it has satisfied the construction requirements set forth in Section 24.203 of the Commission's rules. 9. Under the Commission's ``designated entity (DE) holding'' rules
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  • for a partitioned area of the Albuquerque, New Mexico Basic Trading Area, BTA008 (``Albuquerque BTA''). Station WPOH997 consists of three counties in the Albuquerque BTA: Catron, Socorro, and Torrance (``Albuquerque Partition''). Specifically, Qwest seeks an extension of time of just over nine months (from June 26, 2002 until March 31, 2003) in order to satisfy its construction requirement under section 24.203(b). For the reasons stated below, we grant Qwest's Extension Request to the extent described below. background Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees are required to provide service to at least one-quarter of the population of their licensed area or make a showing of substantial service within five years of initial license grant. Based
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  • or waive its rules to allow the New Leap to acquire the set-aside licenses. Since the Assignment Applications were filed, however, either the Applicants have notified the Commission that the construction requirements have be met for the set-aside licenses included in the proposed transaction or the licenses automatically cancelled for failure to meet the construction requirements set forth in section 24.203 of the Commission's rules. Therefore, Leap DIP may now assign, upon Commission consent, the active and constructed set-aside licenses to New Leap without a finding that New Leap is an entrepreneur or a waiver of section 24.839 of the Commission's rules. The Assignment Applications also include twelve licenses acquired by Leap that remain in the Commission's installment financing program. These
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  • 13, 2004 Released: August 16, 2004 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: introduction In this Memorandum Opinion and Order, we grant the request (``Request'') of Coral Wireless, LLC (``Coral''), the C Block broadband Personal Communications Services licensee for the Honolulu, Hawaii Basic Trading Area, BTA192 (``Honolulu BTA''), for a nine-month extension of its construction deadline under section 24.203(a), and deny Nextel Partners, Inc.'s Petition to Deny the Request. background The Honolulu BTA license was originally granted to American Wireless Group LLC (``AWLG'') on September 29, 1999. In December 1999, Pacific contracted to acquire the license from AWLG during the first half of 2000. AWLG, however, subsequently sought to disavow the purchase agreement and, as a consequence, the license
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  • assigned only to an entity that meets the entrepreneur financial caps or that holds another C or F block license that it acquired while meeting the entrepreneur financial caps. This restriction ends five years after the date of the initial license grant or upon notification by the licensee that it has satisfied its five-year construction requirement under 47 C.F.R. § 24.203(c), whichever comes first. Licenses won in open bidding are not subject to this restriction and may be transferred or assigned any time after grant to any qualified entity, subject to Commission consent. Unjust Enrichment Payments C or F block licensees that use a small or very small business bidding credit, and during the first five years of their license term
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  • Personal Communications Services (``PCS'') licenses. For the reasons discussed below, we grant PinPoint's petition for reconsideration. background PinPoint is the licensee of KNLH671, the D block PCS license for the Hastings, Nebraska Basic Trading Area, BTA185 (``Hastings BTA'') and KNLH681, the D block PCS license for the North Platte, Nebraska Basic Trading Area, BTA325 (``North Platte BTA''). Pursuant to section 24.203(b) of the Commission's rules, a 10 MHz broadband PCS licensee is required to provide service to at least one-quarter of the population of its BTA or make a showing of substantial service within five years of initial license grant. Based on the original grant date, the five-year deadline for both licenses was June 26, 2002. On June 24, 2002, PinPoint
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' The Applicants state that five-year build-out notifications have been filed for all of the C and F-block licenses implicated in the transfer applications. The Applicants state that the transfers of control are consistent with the Global Resolution Agreement (``GRA''), dated April 20, 2004, by and among the Commission and NextWave Telecom and
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  • Northstar filed a Petition for Reconsideration (``Petition'') of this decision. For the reasons stated below, we deny the Petition. background Northstar was the licensee of station KNLG232, the 10 MHz F Block broadband PCS license in the Corbin, Kentucky Basic Trading Area, BTA098 (``Corbin BTA''), which it acquired in the post-auction secondary market on March 15, 2002. Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees are required to provide service to at least one-quarter of the population of their BTAs or otherwise make a showing of substantial service within five years of initial license grant. Based on the original grant date, the five-year deadline for the license was April 28, 2002. On May 8, 2002, Northstar
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  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted,'' except when, among other things, ``[t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied.'' The Applicants state that each of Urban Comm's licenses was granted more than five years ago, and the relevant five-year construction requirements set forth in Section 24.203 of the Commission's rules have been satisfied with respect to each of the Licenses. Urban Comm, Urban LP, and Urban MA, and the Commission entered
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  • 2000, 445 days remained on the five-year construction period for Urban Comm's C block licenses, and 668 days for the F block licenses. Urban Comm filed construction notifications certifying that it met the five-year buildout requirement for its PCS licenses on November 16, 2004. We have reviewed Urban Comm's construction notifications and find that they satisfy the requirements of section 24.203 of the Commission's rules. Because Urban Comm filed acceptable notifications 420 days after issue of the Urban Comm Clarification Order, which was within the time for construction remaining on both its C Block and F Block licenses, we find that it is equitable to grant Urban Comm tolling relief until the filing of these notifications. Accordingly, we toll the five-year
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit March 17, 2005 Mr. Quentin L. Breen DA 05-677 Managing Principal Westel, L.P. 36941 S. Chiloquin Chiloquin, Oregon 97624 Re: Request for Waiver of Section 24.203 of the Commission's Rules and Extension of Five-Year Construction Requirement Call Sign WPOJ830 Dear Mr. Breen: This letter denies Westel, L.P.'s (Westel) request for an extension of time to meet the five-year construction requirement for Personal Communications Services (PCS) license, call sign WPOJ830, in the Kahului-Wailuku-Lahaina, Hawaii license area (BTA222C). For the reasons stated below, we also deny Westel's request
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  • The Applicants request that the Commission waive the timing provision in section 24.714(c)(2)(ii) to allow for the Alternative Cash Payment to be made on the date of consummation of the transaction, which, under the Agreement, will occur beyond the 30 days allowed under the rule. Regarding construction, the Applicants claim that the relevant five-year construction requirements set forth in section 24.203 of the Commission's rules have been satisfied with respect to each of the thirteen licenses. On December 6, 2004, Urban Comm filed a Request for Tolling to allow the construction to be deemed to have been completed within the five-year construction period. On June 1, 2005, the Commission issued an Order granting the requested tolling relief, and accepting the notifications
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  • Requirement Time Schedules, Petition for Reinstatement of Licenses, filed July 24, 2003. Entities holding 30 MHz C Block PCS licenses must provide service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. 47 C. F. R. § 24.203(a). Urban Comm-North Carolina, Inc., Petition for Reconsideration of Public Notice Announcing Auction of C and F Block PCS Spectrum; Petition for Stay, Order, 18 FCC Rcd 18791 (WTB 2003) (Urban Comm Clarification Order). On April 4, 2005, the United States Bankruptcy Court for the Southern District of New York approved a settlement agreement between the Commission and Urban Comm regarding
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  • the substantial service showing filed by Scott Reiter (Reiter) for the C block broadband Personal Communications Services (PCS) license for the Portsmouth, Ohio Basic Trading Area (BTA359) (License). For the reasons set forth below, we reject the Showing and note that the License automatically terminated on August 22, 2006 due to Reiter's failure to meet the construction requirements of section 24.203(b) of the Commission's rules. On August 22, 2001, the Commission granted Reiter the License under call sign WPTB505 with a five-year construction deadline of August 22, 2006. Specifically, Reiter was required to meet the construction requirement for the License within five years of initial license grant by providing coverage to at least twenty-five percent of the population of BTA359, or
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  • the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: I. Introduction Tracy Corporation II (Tracy) filed a request for waiver and extension of time to construct for the above-referenced F Block broadband Personal Communications Service (PCS) license for the Scottsbluff, Nebraska Basic Trading Area (BTA411) (License). Specifically, pursuant to section 1.946(e) of the Commission's rules, Tracy requests a waiver of section 24.203(b) of the Commission's rules, which states that certain broadband PCS licensees, including F Block licensees, must serve with a signal level sufficient to provide adequate service to at least one-quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed.
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  • No. 0001774393 ORDER Adopted: January 30, 2007 Released: January 30, 2007 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: introduction In this Order, we address the requests filed by broadband Personal Communications Services (PCS) licensees Airwave Wireless, L.L.C. (Airwave) and GW Wireless, Inc. (GW), in which they seek a waiver or extension of the construction requirements found in section 24.203 of the Commission's rules. For the reasons outlined below, we grant Airwave a conditional waiver of its five-year construction requirement to allow the implementation of its proposed three-phase deployment plan regarding the C Block PCS license, call sign WPOJ826, located in the Huron, South Dakota Basic Trading Area (``BTA''), and for the C Block PCS license, call sign WPOJ827, located
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  • No. 0001774393 ORDER Adopted: January 30, 2007 Released: January 30, 2007 By the Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: introduction In this Order, we address the requests filed by broadband Personal Communications Services (PCS) licensees Airwave Wireless, L.L.C. (Airwave) and GW Wireless, Inc. (GW), in which they seek a waiver or extension of the construction requirements found in section 24.203 of the Commission's rules. For the reasons outlined below, we grant Airwave a conditional waiver of its five-year construction requirement to allow the implementation of its proposed three-phase deployment plan regarding the C Block PCS license, call sign WPOJ826, located in the Huron, South Dakota Basic Trading Area (``BTA''), and for the C Block PCS license, call sign WPOJ827, located
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  • of the relevant benchmark certifying that they have met performance requirements or, if they have not met performance requirements, they must file a description and certification of the areas for which they are providing service. (See47 C.F.R. § 1.946(d)). The information contained in the licensee's construction notification must include: 19 Electronic coverage maps and other supporting documentation (47 C.F.R. § 24.203(c)). Theconstruction notification, including the coverage maps and supporting documents, must be truthful and accurate and must not omit material information that is necessary for the Commission to make a determination of compliance with its performance requirements. (See, e.g., 47 C.F.R. §1.17). The Commission delegated to the Wireless Bureau the responsibility for establishing the specifications for filing maps and other documents
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  • by Northstar to renew both of the Licenses. The Assignment Application requests a waiver of section 1.955(a)(3) of the Commission's rules, which provides that a license ``automatically terminates, without specific Commission action, if service is permanently discontinued,'' and includes an associated request for a six-month period to construct facilities sufficient to satisfy the five-year construction requirement set forth in section 24.203(b) of the Commission's rules. In addition, the Assignment Application and the Renewal Applications request a waiver of section 1.1910 of the Commission's rules (the ``Red Light Rule''). No oppositions to the requested relief were filed. At issue is debt owed by Northstar to the Commission. For the reasons set forth below, we grant the Assignment Application Waiver Request and Northstar
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  • Applications") filed by Northstar to renew both of the Licenses.2TheAssignment Application requests a waiver of section 1.955(a)(3) of the Commission's rules, which provides that a license "automatically terminates, without specific Commission action, if service is permanently discontinued,"3 and includes an associated request for a six-month period to construct facilities sufficient to satisfy the five-year construction requirement set forth in section 24.203(b) of the Commission's rules.4In addition, the Assignment Application and the Renewal Applications request a waiver5of section 1.1910 of the Commission's rules (the "Red Light Rule").6No oppositions to the requested relief were filed. At issue is debt owed by Northstar to the Commission. For the reasons set forth below, we grant the Assignment Application Waiver Request and Northstar Renewal Waiver Request,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit h h h Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of ComScape Communications, Inc. For Renewal of License and Extension of Time to Construct Broadband Personal Communications Service Stations WPOJ722, Athens, OH and WPOJ724, Zanesville-Cambridge, OH Request for Waiver of Section 24.203(a) of the Commission's Rules For Lease of Broadband Personal Communications Service Station WPOJ722, Athens, OH For Assignment of Broadband Personal Communications Service Station WPOJ722, Athens, OH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) FCC File Nos. 0003886129, 0003886133, 0003886165, 0003886172, 0004341633, 0004347077, 0004650021, and 0004670252 ORDER Adopted: June
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 11-1107 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Applications of ComScape Communications, Inc. For Renewal of License and Extension of Time to Construct Broadband Personal Communications Service Stations WPOJ722, Athens, OH and WPOJ724, Zanesville-Cambridge, OH Request for Waiver of Section 24.203(a) of the Commission's Rules For Lease of Broadband Personal Communications Service Station WPOJ722, Athens, OH For Assignment of Broadband Personal Communications Service Station WPOJ722, Athens, OH )))))))))))))))))))FCC File Nos. 0003886129, 0003886133, 0003886165, 0003886172, 0004341633, 0004347077, 0004650021, and 0004670252 ORDER Adopted: June 23, 2011 Released: June 23, 2011 Bythe Deputy Chief, Mobility Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. In this
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  • Kansas market area. Id. at 1. Nex-Tech Wireless also held a PCS license for the Salinas, Kansas market area that expired on the same day as its other two PCS licenses at issue in the proceeding. A construction notification and renewal application were also filed in a timely manner for the Salina, Kansas license. Id. at 3. 47 C.F.R. § 24.203(a). Under the terms of its disaggregation agreement, NTI and Nex-Tech Wireless elected to share the construction obligations for the two market areas. NTI Decision Letter at 5. NTI Decision Letter at 8-9. Counsel explained that he met with company personnel several months prior to the filing deadlines to discuss filing requirements and that ``the renewal and construction filings were envisioned
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  • the Hays, Kansas market area. Id. at1. Nex-Tech Wireless also held a PCS license for the Salinas, Kansas market area that expired on the same day as its other two PCS licenses at issue in the proceeding. A construction notification and renewal application were also filed in a timely manner for the Salina, Kansas license. Id. at 3. 3647 C.F.R. §24.203(a). Under the terms of its disaggregation agreement, NTI and Nex-Tech Wireless elected to share the construction obligations for the twomarket areas. NTIDecision Letterat 5. 37NTI Decision Letterat 8-9. Counsel explained that he met with company personnel several months prior to the filing deadlines to discuss filing requirements and that "the renewal and construction filings were envisioned to be prepared and
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  • not met the Commission's requirements for waiver or extension of its construction deadlines. As a result, the License automatically terminated on June 30, 2009. Background The License was created on October 21, 2006 by a disaggregation of call sign WPOJ715 and, at the time of the disaggregation action, the License was in compliance with its first construction requirement under Section 24.203(a) of the Commission's rules. On April 27, 2007, the License was acquired by Crossroads Wireless, Inc. (``Crossroads Wireless''). Pursuant to Section 24.203(a) of the Commission's rules, the License's second construction deadline was June 30, 2009, by which time the licensee would have had to demonstrate that it was providing ``adequate service'' to at least two-thirds of the population in its
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  • of Proposed Rulemaking, 25 FCC Rcd 4181 (2010); Second Report and Order, FCC 11-52 (rel. Apr. 7, 2011) ( Commercial Data Roaming Second Report and Order). See also 47 C.F.R. § 20.12. 35 See, e.g., Communications Assistance for Law Enforcement Act, CC Docket No. 97-213, Second Report and Order, 15 FCC Rcd 7105 (2000). 36 See, e.g., 47 C.F.R. §§ 24.203, 27.14. 37 Presentation of Christoper Guttman-McCabe, V.P. Regulatory A airs, CTIA-The Wireless Association, FCC Workshop on the Future of Media and the Information Needs of Communities: Serving the Public Interest in the Digital Era (Mar. 4, 2010), at 4, available at http://reboot.fcc. gov/c/document_library/get_file?uuid=f20f4ad8-e082-443c-a4fe- 6672df61b4e4&groupId=101236. 38 Id. 39 See Open Internet Report & Order 2010, 25 FCC Rcd at 17956-17962, 17992-17993
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  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz boradband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
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  • at 7844, para. 41. Id. We have since established a build-out requirement for 15 MHz C block licenses that is identical to the requirement for F block licenses. The requirement for 30 MHz C block licenses remains, as before, more demanding that the F block build-out requirement. See 64 Fed. Reg. 26,887, 26,889, 26,890 (May 18, 1999); 47 C.F.R. § 24.203. We note that in the C/F Block Sixth Report and Order, adopted subsequent to the adoption of this Order on Reconsideration, we reconfigured certain 30 MHz C block licenses into three 10 MHz C block licenses, which have the same construction requirements as 15 MHz C block licenses and F block licenses. See C/F Block Sixth Report and Order, paras.
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  • the future. For the investment to be rational, the [. . . predator] must have a reasonable expectation of recovering in the form of later monopoly profits, more than the losses suffered.''). See VoiceStream DT Application at 23-24; VoiceStream Powertel DT Reply at 5. See VoiceStream DT Application at 22; Powertel DT Application at 2, 10, 19. 47 C.F.R. §§ 24.203, 27.14. See, e.g., Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993) (``Without [recoupment], predatory pricing produces lower aggregate prices in the market, and consumer welfare is enhanced. . . . [U]nsuccessful predation is in general a boon to consumers.''). VoiceStream/CIRI Order, 15 FCC Rcd at 24699-700, paras. 17-19. See id. at 24701 n.67. WITCO
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  • that the entire geographic area of a specific license receives coverage. For example, the construction requirements for 30 megahertz broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are left
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  • while for MSA counties there are two or fewer providers in five percent of counties. See supra note 88. Our PCS construction requirements require only that licensees offer adequate service to a specified percentage of the population within their licensed area, not that they cover the entire licensed area or any particular portion of that area. See 47 C.F.R. § 24.203. Because most MTAs and BTAs include both MSA and RSA areas, carriers generally can satisfy their construction requirements most economically by building out their networks extensively in MSAs, and little or not at all in RSAs. Nextel is excluded from this comparison because information regarding Nextel's licensing in and service to RSAs is not readily available. If the licenses in
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  • that the entire geographic area of a specific license receives coverage. For example, the construction requirements for 30 megahertz broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are left
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-179A1_Erratum.doc
  • that the entire geographic area of a specific license receives coverage. For example, the construction requirements for 30 megahertz broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are left
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  • 257 of the Communications Act-Elimination of 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
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  • market that are not covered by those facilities are considered "unserved areas" and become available for re-licensing on a site-by-site basis. The incumbent licensee, neighboring licensees, or new entrants may then apply on a site-by-site basis to serve any and all portions of the unserved area. The Commission receives approximately 40 cellular unserved area applications each month. 47 C.F.R. § 24.203. 47 C.F.R. § 22.949. The unserved area licensing process begins with Phase I, which is a one-time, one-day window for all interested parties to file for licenses in the unserved portions of the market. After disposition of any Phase I application(s), the cellular market proceeds to Phase II, in which carriers may file applications under a 30-day notice and cut-off
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  • State University, The Cost of Capital (visited Oct. 24, 2002) . See 47 C.F.R. § 0.459. See Seventh Report, at 12993. Resellers and satellite operators also offer mobile telephone services, and are discussed separately at the end of this section. See Seventh Report, at 13007-8. For information on the buildout requirements for broadband PCS licensees see 47 C.F.R. § 24.203(a) (b); for information on the buildout requirements for cellular licensees, see 47 C.F.R. §§ 22.946, 22.947, 22.949, 22.951.; and for information on the buildout requirements for non-site based SMR licensees, see 47 C.F.R. §§ 90.665 and 90.685. Code Division Multiple Access (``CDMA''), Global System Mobile Communications (``GSM''), integrated Digital Enhanced Network (``iDEN''), and Time Division Multiple Access (``TDMA''). See Seventh
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  • a license won in closed bidding (see § 24.709 of this chapter) may, during the first five years of the license term, enter into a spectrum leasing arrangement with an entity not eligible to hold such a license pursuant to the requirements of section 24.709(a) of this chapter so long as it has met its five-year construction requirement (see §§ 24.203, 24.839(a)(6) of this chapter). (iii) The amount of any unjust enrichment payment will be determined by the Commission as part of its review of the application under the same rules that apply in the context of a license assignment or transfer of control (see § 1.2111 of this part and § 24.714 of this chapter). If the spectrum leasing arrangement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • a license won in closed bidding (see § 24.709 of this chapter) may, during the first five years of the license term, enter into a spectrum leasing arrangement with an entity not eligible to hold such a license pursuant to the requirements of section 24.709(a) of this chapter so long as it has met its five-year construction requirement (see §§ 24.203, 24.839(a)(6) of this chapter). (iii) The amount of any unjust enrichment payment will be determined by the Commission as part of its review of the application under the same rules that apply in the context of a license assignment or transfer of control (see § 1.2111 of this part and § 24.714 of this chapter). If the spectrum leasing arrangement
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  • that the entire geographic area of a specific license receives coverage. For example, the construction requirements for 30 megahertz broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are left
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  • 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 square kilometers or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-15A1_Erratum.doc
  • 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 square kilometers or
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  • the Rural Radiotelephone Service. Subscribers are also eligible to hold authorizations to operate rural subscriber stations in the Rural Radiotelephone Service. Part 24 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 24 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 and 332. 2. Section 24.203(a) is amended to read as follows: § 24.203 Construction requirements. (a) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. Alternatively,
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  • 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 geographic
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  • commenters are concerned that stringent construction requirements put small carriers at greater disadvantage, especially as such benchmarks regard rural service. See, e.g., NTCA Comments at 7. See IPWireless Reply Comments at 6. IPWireless Reply Comments at 6. IPWireless notes that ``[t]he proposed requirements are generally based upon those already existing in other services, including broadband Personal Communications Service (47 CFR §24.203 ``Construction requirements'') and the Cellular Radiotelephone Service (47 CFR §22.947 ``Five year build-out period'').'' IPWireless Reply Comments at n.9. NPRM, 18 FCC Rcd at 6801 ¶ 191. We also sought comment on safe harbors in the Rural NPRM, another proceeding that affects MDS and ITFS licensees as well as other service-specific licensees. See Rural NPRM, 18 FCC Rcd at 20824
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  • mobile transmitters and auxiliary test transmitters must not exceed 7 Watts. * * * * * 6. Section 22.942 is removed. Part 24 of Title 47 of the Code of Federal Regulations is amended as follows: 7. The authority citation for Part 24 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 309 and 332. 8. Section 24.203 is amended by revising paragraph (a) to read as follows: § 24.203 Construction requirements. (a) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years
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  • the source if interference is encountered when the cell is activated. Part 24 of title 47 of the Code of Federal Regulation, is amended to read as follows: PART 24 - PERSONAL COMMUNICATIONS SERVICES The authority citation for Part 24 continues to read as follows: AUTHORITY: Sections 47 U.S.C. 154, 301, 302, 303, 309 and 332. Paragraph (b) of Section 24.203 is amended as follows and an new paragraph (d) is added: § 24.203 Construction requirements. * * * * * (b) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • the source if interference is encountered when the cell is activated. Part 24 of title 47 of the Code of Federal Regulation, is amended to read as follows: PART 24 - PERSONAL COMMUNICATIONS SERVICES The authority citation for Part 24 continues to read as follows: AUTHORITY: Sections 47 U.S.C. 154, 301, 302, 303, 309 and 332. Paragraph (b) of Section 24.203 is amended as follows and an new paragraph (d) is added: § 24.203 Construction requirements. * * * * * (b) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket
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  • the entire geographic area of a specific license receives coverage. For example, the construction requirements for the 30 megahertz broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for the 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are
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  • 96-1148, Report and Order and Further 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
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  • 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. Chapter
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  • sign KNLH637, and the F Block license in the Somerset, KY BTA (``Somerset BTA''), call sign KNLH638. Northstar acquired two additional broadband PCS licenses on February 4, 2003, the F Block license in the Madisonville, KY BTA (``Madisonville BTA''), call sign KNLH651, and the F Block license in the Paducah-Murray-Mayfield, KY BTA (``Paducah BTA''), call sign KNLH653. Pursuant to section 24.203(b) of the Commission's rules, 10 MHz broadband PCS licensees are required to provide service to at least one-quarter of the population of their BTAs or otherwise make a showing of substantial service within five years of initial license grant. The construction deadline for all of the licenses except the Corbin BTA C Block license was April 28, 2002. On March
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  • while it was in bankruptcy. On March 3, 2003, the Wireless Telecommunications Bureau (the ``Bureau'') released an Order granting NextWave's request to toll the license construction deadlines for 90 C and F Block PCS licenses for 703 days from the original five-year construction deadlines. According to the instant Applications, NextWave states that ``the relevant five year construction requirements of section 24.203 of the Commission's rules have been satisfied with respect to'' each of the subject licenses. NextWave further maintains that grant of the assignment of the subject licenses ``will not affect [its] continued operation of its wireless networks in markets where it retains licenses, and will facilitate its plans to expand its operations in those markets.'' Assignees The assignees, which are
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  • broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for the 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are
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  • outer edges of the geographic licensee's channel block while ``interior'' channels are those inside the geographic licensee's channel block assignment that are adjacent to other licensees. Id. See SMR Second R&O, 10 FCC Rcd at 6907 ¶¶ 60-61; CMRS Third R&O, 9 FCC Rcd at 8067-68 ¶¶ 160-61. 47 U.S.C. § 309(j)(4)(B). 47 U.S.C. § 309(j)(3)(D). See 47 C.F.R. § 24.203(a) and (b); 47 C.F.R. §§ 90.665(b) and (c). SMR Second R&O, 10 FCC Rcd at 6898 ¶ 40. SMR Second R&O, 10 FCC Rcd at 6898 ¶ 41. 47 U.S.C. § 309(j)(3). See CMRS R&O, 9 FCC Rcd at 8081 ¶¶ 190-91. Loading rules require an applicant to demonstrate that it will ``load'' a channel with a certain number of
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  • 251(b)(3). See Recommended Decision, 19 FCC Rcd at 4266, para. 22. . See Dobson Comments at 7-8. The specific requirements vary according to service. For example, 30 MHz broadband 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
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  • other performance requirements, such as 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
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  • broadband PCS licenses state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within 10 years. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for the 10 and 15 megahertz broadband PCS licenses state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these requirements are
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1.pdf
  • Commission within 15 days of the expiration of the applicable construction or coverage period.''). When the Commission adopted a benchmark approach for Personal Communications Service (PCS), it stated: ``Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.'' 47 C.F.R. § 24.203(c). See, e.g., Cellular South 700 MHz Further Notice Comments at 5. See, e.g., 47 C.F.R. § 1.17 (Truthful and accurate statements to the Commission); 47 C.F.R. § 1.917 (``Willful false statements made therein, however, are punishable by fine and imprisonment, 18 U.S.C. 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to 312(a)(1) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • Commission within 15 days of the expiration of the applicable construction or coverage period.''). When the Commission adopted a benchmark approach for Personal Communications Service (PCS), it stated: ``Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.'' 47 C.F.R. § 24.203(c). See, e.g., Cellular South 700 MHz Further Notice Comments at 5. See, e.g., 47 C.F.R. § 1.17 (Truthful and accurate statements to the Commission); 47 C.F.R. § 1.917 (``Willful false statements made therein, however, are punishable by fine and imprisonment, 18 U.S.C. 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to 312(a)(1) of the Communications Act
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  • amount of spectrum or area 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
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  • No. 06-150 at 8-10; RCA Reply Comments in WT Docket No. 06-150 at 4-7 When the Commission adopted a benchmark approach for Personal Communications Service (PCS), it stated: ``Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.'' See C.F.R. § 24.203(c). See Ex Parte Comments of the Ad Hoc Public Interest Spectrum Coalition, PS Docket No. 06-229and WT Docket Nos. 06-150, 05-211, 96-86, at 9, 18-19 (filed Apr. 3, 2007) (``PISC Apr. 3 Ex Parte Comments in PS Docket No. 06-229 and WT Docket Nos. 06-150, 05-211, 96-86''). PISC suggests a prohibition on such incumbents gaining access to the 700 MHz
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-72A1_Erratum.doc
  • No. 06-150 at 8-10; RCA Reply Comments in WT Docket No. 06-150 at 4-7 When the Commission adopted a benchmark approach for Personal Communications Service (PCS), it stated: ``Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses.'' See C.F.R. § 24.203(c). See Ex Parte Comments of the Ad Hoc Public Interest Spectrum Coalition, PS Docket No. 06-229and WT Docket Nos. 06-150, 05-211, 96-86, at 9, 18-19 (filed Apr. 3, 2007) (``PISC Apr. 3 Ex Parte Comments in PS Docket No. 06-229 and WT Docket Nos. 06-150, 05-211, 96-86''). PISC suggests a prohibition on such incumbents gaining access to the 700 MHz
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  • bid'' and the applicant's application ``will be dismissed,'' that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of the Commission's rules specifically provide for the automatic termination of a licensee's license for violation of section 24.203. Northeast claims that an auction applicant must be able to
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  • principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher''). Pamplin had claimed 81.9 percent area coverage. See Pamplin's Apr. 4, 2001 amendment, Ex. E-9-2. See Letter to Ellen Mandell Edmundson, Esq. (MB June 30, 2003). See Permit Decision at 4 (citing 47 C.F.R. § 73.37(a)). See, e.g., 47 C.F.R. § 24.203(a) (use of population in broadband PCS). The Permit Decision cited Bay Cities Communications Corp., Memorandum Opinion and Order, 83 FCC 2d 210 (1980) (``Bay Cities''); John R. Hughes, Memorandum Opinion and Order, 50 Fed. Reg. 5679 (Feb. 11, 1985) (``John Hughes''); and H-B-K Enterprises, Inc., Memorandum Opinion and Order, 15 FCC 2d 683 (Rev. Bd. 1968) (subsequent history omitted) (``HBK'').
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  • had a five-year construction deadline of August 22, 2006 and a license expiration date of August 22, 2011. On August 25, 2006, Reiter submitted his construction notification purporting to demonstrate substantial service (Showing). On November 11, 2006, the Division sent Reiter a Notice of Return, requesting that he submit the requisite map(s) showing compliance with the construction requirements of section 24.203(b). Reiter supplemented his Showing on January 3 and 4, 2007 by submitting four coverage maps and a Supplement to Public Interest Exhibit. In his Showing Supplement, Reiter stated that 11.4 percent of the Portsmouth BTA (10,636 people) was capable of receiving reliable service from the single base station constructed in his system. Reiter further stated that the Portsmouth BTA consisted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-52A1_Rcd.pdf
  • defines "substantial service" as "service which is sound, 1Application for Review (filed June 8, 2007) (AFR), Supplement (filed July 11, 2007) (AFR Supplement). 2Amendment of the Commission's Rules to Establish New Personal Communications Services, Memorandum Opinion and Order, 9 FCC Rcd 4957, 5015 ¶ 147 (1994) (PCS MO&O). 3PCS MO&O, 9 FCC Rcd at 5015, ¶ 147. 447 C.F.R. § 24.203(b). 3974 Federal Communications Commission FCC 10-52 favorable, and substantially above a level of mediocre service which just might minimally warrant renewal."5 3.When adopting substantial service as an option for 10 MHz (and subsequently 15 MHz) broadband PCS licenses, the Commission indicated that the smaller BTA licenses could be used to provide service to geographic areas or populations that 30 MHz
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  • 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 licensees); 24.103(a)-(d) (narrowband
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • 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 licensees); 24.103(a)-(d) (narrowband
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  • 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14,521 (1999). See Rural Radio Report and Order, 25 FCC Rcd 1583, 1596 ¶ 26 and n.70, citing 47 C.F.R. § 73.3555 and Notes 1 and 2. 47 C.F.R. § 1.2110; see also Appendix A, proposed § 1.1002. 47 C.F.R. § 1.2110(c)(2). 47 C.F.R. § 24.203. Id. 47 C.F.R. § 27.14(a) (```Substantial service' is defined as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal.''). See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, Second Report and Order, 22 FCC Rcd 15,289, 15,348-55 ¶¶ 153-175 (2007). The goals of the construction requirements also include
• http://transition.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • the investment to be rational, the [. . . predator] must have a reasonable expectation of recovering in the form of later monopoly profits, more than the losses suffered."). 259 See VoiceStream DT Application at 23-24; VoiceStream Powertel DT Reply at 5. 260 See VoiceStream DT Application at 22; Powertel DT Application at 2, 10, 19. 261 47 C.F.R. §§ 24.203, 27.14. 262 See, e.g., Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993) ("Without [recoupment], predatory pricing produces lower aggregate prices in the market, and consumer welfare is enhanced. . . . [U]nsuccessful predation is in general a boon to consumers."). Federal Communications Commission FCC 01-142 53 3. Rural Market Entry 93. Several commenters further
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  • filing will make it easier for all licensees to timely file renewal applications. In addition, Commission forms are widely available to the Federal Communications Commission FCC 98-25 See http://www.fcc.gov/formpage.html. 87 1-800-418-FORM (3676). 88 Call 1-202-418-0177 from the handset of any fax machine and follow the recorded instructions. 89 See, e.g, 47 C.F.R. § 22.145. 90 See, e.g., 47 C.F.R. § 24.203. 91 See, e.g., 47 C.F.R. § 21.44. 92 23 public on the FCC's web page, via toll free telephone number, and through a fax-on-demand service, and 87 88 89 licensees should be able to obtain the form more easily than before to timely file their renewal application. We seek comment on our tentative conclusions and on whether this approach will
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  • 300 meters (1000 feet) above average terrain. For example, maritime public fixed stations begin providing service within one year. 47 C.F.R. § 80.49(b). For example, 30 MHz PCS licensees must make service available to one-third of the population in their licensed area within five years and two-thirds of the population in their licensed areas within ten years. 47 CFR § 24.203. For example, LMDS carriers must offer substantial service within 10 years. 47 C.F.R. § 101.1011(a). Substantial service is defined as ``service which is sound, favorable and substantially above a level of mediocre service which might just minimally warrant renewal.'' Id. See 47 C.F.R. §§ 24.203(a), 90.665(c), 90.685(b). See 47 C.F.R. § 22.949. See 47 CFR § 22.912. See 47 C.F.R.
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  • the Motion to Accept Late-Filed Supplemental Comments by the Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a
• http://transition.fcc.gov/Bureaus/Wireless/Reports/fcc00289.pdf
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz boradband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
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  • deemed amended to add such entity as a "Participating Auction 35 Winning Bidder" under this Agreement effective as of the date of delivery of such counterpart and notice, in accordance with this Section 27. 28. Tolling of Regulatory Requirements. a. To the extent NextWave is required under the Rules of the Commission, including but not limited to 47 C.F.R. § 24.203, to meet certain construction requirements with respect to a Designated License within five (5) years of the initial license grant, such requirements are tolled from September 17, 2001, and the tolling period shall end only (i) upon a breach of this Agreement by NextWave, (ii) upon termination of this Agreement, or (iii) in the event of the entry of a
• http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.txt http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.wp
  • rules on the provision of needed services in rural and high cost areas. * * * * * _____________________ 1. Annual Report and Analysis of Competitive Market Conditions with Respect to Commercial Mobile Services, Third Report, FCC 98-81 (rel. June 11, 1998) (Third Annual CMRS Competition Report). 2. 47 C.F.R. 20.6 (1997). 3. 47 C.F.R. 22.942 (1997). 4. 47 C.F.R. 24.203(a), (b) (1997). 5. 47 U.S.C. 151. 6. See, e.g., 47 U.S.C. 309(j)(3)(A), (B); 47 U.S.C. 254(b)(3); 47 U.S.C. 254(h). References 1. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.txt 2. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.wp 3. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_1_ 4. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_2_ 5. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_3_ 6. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_4_ 7. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_5_ 8. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_6_
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-80A1.html
  • bid" and the applicant's application "will be dismissed," that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of the Commission's rules specifically provide for the automatic termination of a licensee's license for violation of section 24.203. 8. Northeast claims that an auction applicant must be able
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  • within five years of being licensed. Licensees of 10 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one- quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. 47 C.F.R. § 24.203. 27 Broadband PCS Memorandum Opinion and Order , 9 FCC Rcd 4957, 4985, ¶ 69. 28 Id. 29 Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, CC Docket No. 92-166, Report and Order , 9 FCC Rcd 5936, 5975, ¶ 96 (1994) (Mobile Satellite Service Report
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  • and services."63 In the Second Report and Order we decided that it was unnecessary and undesirable to impose additional performance requirements, beyond those already provided in the service rules, for all auctionable services. The broadband PCS service rules already contain specific performance requirements, such as the requirement to construct within a specified period of time. See, e.g., 47 C.F.R. § 24.203. Failure to satisfy these construction requirements will result in forfeiture of the license. Accordingly, we do not see the need to adopt any additional performance requirements in this Report and Order. C.Rules Prohibiting Collusion 91. In the Second Report and Order, we adopted a special rule prohibiting collusive conduct in the context of competitive bidding. See 47 C.F.R. § 1.2105(c).
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  • and its assigned file number. Click on the Print Preview button or the call sign to access Print Preview. The five-year construction deadline for a majority of these licensees is September 17, 2001. Notifications must be filed with the Commission within 15 days of the construction deadline (i.e., October 2, 2001) pursuant to 47 C.F.R. § 1.946. 47 C.F.R. § 24.203(c). See 47 C.F.R. § 24.203. See also 47 C.F.R. §1.946(c). See 47 C.F.R. §§ 1.913 and 1.946. See 47 C.F.R. §1.946(e). See Wireless Telecommunications Bureau Reminds Licensees of Mandatory Electronic Filing Via the Universal Licensing System Beginning July 1, 1999, Public Notice DA 99-1080 (June 3, 1999), and Wireless Telecommunications Bureau Recommends Licensees Take Steps to Prepare for Electronic Filing
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  • 16,266 (2000) (``C/F Block Sixth Report and Order''). To permit the transfer of C and F block PCS licenses to non-entrepreneurs prior to the end of the five-year holding period, the C/F Block Sixth Report and Order modified both the five-year holding period and limited transfer rule, 47 C.F.R. § 24.839 (2000), and the construction requirements rule, 47 C.F.R. § 24.203 (2000). See Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Report and Order, 9 FCC Rcd 5532, 5588-89, ¶¶ 128-29 (1994); see also Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket 93-253, Fifth Memorandum Opinion and Order, 10 FCC Rcd 403, 465-469, ¶¶ 117-127 (1994) and 47 C.F.R.
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  • list of those BTA licenses it intends to Federal Communications Commission FCC 97-342 Those licensees electing to proceed under the build-out exception will be required to adhere to the specific 150 obligations set forth in their Notes and Security Agreements, as modified for those licenses not being surrendered to the Commission. See discussion in Section IV.E., supra. 47 C.F.R. § 24.203(c). 151 See Part 1 Proceeding at ¶¶ 76-78. 152 36 retain and pertinent information concerning build-out pursuant to the Commission's rules, 150 151 (iii) the original of all licenses being surrendered, and (iv) all originals of the Notes and Security Agreements for those licenses being surrendered for cancellation by the Commission. 75. Prepayment. For licensees electing the prepayment option, the
• http://wireless.fcc.gov/auctions/05/releases/fc990066.pdf http://wireless.fcc.gov/auctions/05/releases/fc990066.txt http://wireless.fcc.gov/auctions/05/releases/fc990066.wp
  • AND ORDER Adopted: March 31, 1999 Released: April 5, 1999 By the Commission: Table of Contents Paragraph No. I. Introduction.....................................................................1 II. Background.....................................................................2 III. Discussion......................................................................6 A. Election and Resumption Dates...............................................7 B. GWI Decision............................................................12 1. Equitable Argument................................................13 2. Bankruptcy.......................................................15 3. Misplaced Reliance on Bankruptcy Court...............................17 C. First Reconsideration Issues Raised...........................................18 1. Holders of Single Licenses...........................................19 2. MTA-by-MTA Elections............................................23 D. Amendment of Section 24.203 (b)............................................25 E. Requests for Ruling on Impact of Cross Default Policy on Certain Pre-exciting PCS F Block Notes....................................26 IV. Procedural Matters and Ordering Clauses.............................................32 A. Second Supplemental Final Regulatory Flexibility Analysis.......................32 B. Paperwork Reduction Act Analysis...........................................33 Federal Communications Commission FCC 99-66 Amendment of the Commission's Rules Regarding Installment Payment Financing For Personal 1 Communications (PCS) Licensees, WT Docket No. 97-82,
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  • 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 existing requirement
• 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
  • will be 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
• http://wireless.fcc.gov/auctions/10/releases/fc970342.pdf http://wireless.fcc.gov/auctions/10/releases/fc970342.txt http://wireless.fcc.gov/auctions/10/releases/fc970342.wp
  • list of those BTA licenses it intends to Federal Communications Commission FCC 97-342 Those licensees electing to proceed under the build-out exception will be required to adhere to the specific 150 obligations set forth in their Notes and Security Agreements, as modified for those licenses not being surrendered to the Commission. See discussion in Section IV.E., supra. 47 C.F.R. § 24.203(c). 151 See Part 1 Proceeding at ¶¶ 76-78. 152 36 retain and pertinent information concerning build-out pursuant to the Commission's rules, 150 151 (iii) the original of all licenses being surrendered, and (iv) all originals of the Notes and Security Agreements for those licenses being surrendered for cancellation by the Commission. 75. Prepayment. For licensees electing the prepayment option, the
• http://wireless.fcc.gov/auctions/10/releases/fcc96287.pdf http://wireless.fcc.gov/auctions/10/releases/fcc96287.txt http://wireless.fcc.gov/auctions/10/releases/fcc96287.wp
  • within five years of being licensed. Licensees of 10 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one- quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. 47 C.F.R. § 24.203. 27 Broadband PCS Memorandum Opinion and Order , 9 FCC Rcd 4957, 4985, ¶ 69. 28 Id. 29 Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, CC Docket No. 92-166, Report and Order , 9 FCC Rcd 5936, 5975, ¶ 96 (1994) (Mobile Satellite Service Report
• http://wireless.fcc.gov/auctions/10/releases/pn_96889.pdf http://wireless.fcc.gov/auctions/10/releases/pn_96889.txt http://wireless.fcc.gov/auctions/10/releases/pn_96889.wp
  • census. Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the license and the licensee will be ineligible to regain it. Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five-year and ten-year benchmarks of the date of their initial licensees. See 47 C.F.R. § 24.203. 18 VI. Bidder Alert A. Applicant Certification Requirements The Terms contained in the Commission's Report and Orders, Public Notices and in Bidder Packages are not negotiable. Prospective bidders should review these auction documents thoroughly prior to the auction to make certain that they understand all of the provisions and are willing to be bound by all of the Terms before
• http://wireless.fcc.gov/auctions/11/releases/bip_def.pdf
  • at least 25 percent of the population in their BTA area (based on 1990 or 2000 Census data, at the licensee's option), or make a showing of substantial service, within five years of being licensed. Failure to meet this requirement will result in forfeiture of the license, and the licensee will be ineligible to regain it. See 47 C.F.R. § 24.203(b) and (c). - FCC - Tab C ELECTRONIC AUCTION RESOURCES This section of the Bidder Information Package includes the following functional and technical 50 areas: Part 1: Electronic Filing and Review of FCC Form 175 Part 2: How to Monitor FCC Auctions On-Line Part 3: Auction Tracking Software The FCC Remote Electronic Auction System was developed to provide auction applicants
• http://wireless.fcc.gov/auctions/11/releases/d1961026.pdf
  • at least 25 percent of the population in their BTA area (based on 1990 or 2000 Census data, at the licensee's option), or make a showing of substantial service, within five years of being licensed. Failure to meet this requirement will result in forfeiture of the license, and the licensee will be ineligible to regain it. See 47 C.F.R. § 24.203(b) and (c). - FCC - SUMMARY OF LICENSES TO BE AUCTIONED BLOCKSD/E/F MHz-------------------------------------------> $10.00 Market No.Basic Trading Area License No.* Population** Upfront Payment*** M001 - New York B321 New York, NY CWB321D/E/F 18,050,615 $10,830,369.00 B184 Hartford, CT CWB184D/E/F 1,123,678 $674,206.80 B007 Albany-Schenectady, NY CWB007D/E/F 1,028,615 $617,169.00 B318 New Haven-Waterbury-Meriden, CT CWB318D/E/F 978,311 $586,986.60 B438 Syracuse, NY CWB438D/E/F 791,140 $474,684.00 B010
• http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
  • preceding years may make installment payments at a rate equal to ten-year U.S. Treasury PersonalConnect Comments at 3. 121 Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5593. 122 Competitive Bidding Fifth Memorandum Opinion and Order , 10 FCC Rcd at 459-60. 123 Competitive Bidding Sixth Report and Order, 11 FCC Rcd at 158. 124 47 C.F.R. § 24.203. 125 21 obligations applicable on the date the license is granted plus 2.5 percent, with interest-only payments for the first year and payments of interest and principal amortized over the remaining nine years of the license term. 43. We believe that a two-year interest-only period with an interest rate equal to the ten- year U.S. Treasury rate and principal amortized
• http://wireless.fcc.gov/auctions/11/releases/fc970342.pdf http://wireless.fcc.gov/auctions/11/releases/fc970342.txt http://wireless.fcc.gov/auctions/11/releases/fc970342.wp
  • list of those BTA licenses it intends to Federal Communications Commission FCC 97-342 Those licensees electing to proceed under the build-out exception will be required to adhere to the specific 150 obligations set forth in their Notes and Security Agreements, as modified for those licenses not being surrendered to the Commission. See discussion in Section IV.E., supra. 47 C.F.R. § 24.203(c). 151 See Part 1 Proceeding at ¶¶ 76-78. 152 36 retain and pertinent information concerning build-out pursuant to the Commission's rules, 150 151 (iii) the original of all licenses being surrendered, and (iv) all originals of the Notes and Security Agreements for those licenses being surrendered for cancellation by the Commission. 75. Prepayment. For licensees electing the prepayment option, the
• http://wireless.fcc.gov/auctions/11/releases/fcc96287.pdf http://wireless.fcc.gov/auctions/11/releases/fcc96287.txt http://wireless.fcc.gov/auctions/11/releases/fcc96287.wp
  • within five years of being licensed. Licensees of 10 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one- quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. 47 C.F.R. § 24.203. 27 Broadband PCS Memorandum Opinion and Order , 9 FCC Rcd 4957, 4985, ¶ 69. 28 Id. 29 Amendment of the Commission's Rules to Establish Rules and Policies Pertaining to a Mobile Satellite Service in the 1610-1626.5/2483.5-2500 MHz Frequency Bands, CC Docket No. 92-166, Report and Order , 9 FCC Rcd 5936, 5975, ¶ 96 (1994) (Mobile Satellite Service Report
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • Implementation of Section 309(j) of the Communications Act--Competitive Bidding, PP Docket No. 93-253, and Implementation of Sections 3(n) and 322 of the Communications Act, GN Docket No. 93-252, Second Report and Order and Second Further Notice of Proposed Rulemaking, 10 FCC Rcd 6884, 6887 (para. 4) (1995) (900 MHz Second Report and Order). For the broadband PCS rules, see Section 24.203(b) of the Commission's Rules, 47 C.F.R. § 24.203(b). Third Notice, 11 FCC Rcd at 233 (para. 90). 278 Sections 24.103(f) and (h) and 24.203(b) and (c) of the Commission's Rules, 47 C.F.R. §§ 24.103(f), (h); 279 24.203(b), (c). E.F. Johnson Comments at 7. 280 Comtech Comments at 12. 281 Metricom Comments at 6 (emphasis omitted). 282 compliance with the strict
• 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
  • Implementation of Section 309(j) of the Communications Act--Competitive Bidding, PP Docket No. 93-253, and Implementation of Sections 3(n) and 322 of the Communications Act, GN Docket No. 93-252, Second Report and Order and Second Further Notice of Proposed Rulemaking, 10 FCC Rcd 6884, 6887 (para. 4) (1995) (900 MHz Second Report and Order). For the broadband PCS rules, see Section 24.203(b) of the Commission's Rules, 47 C.F.R. § 24.203(b). Third Notice, 11 FCC Rcd at 233 (para. 90). 278 Sections 24.103(f) and (h) and 24.203(b) and (c) of the Commission's Rules, 47 C.F.R. §§ 24.103(f), (h); 279 24.203(b), (c). PAGE 73 155. In light of the operational flexibility that we proposed to provide for 220 MHz licensees in the Third Notice,
• http://wireless.fcc.gov/auctions/22/releases/pcsbipg.pdf
  • list of those BTA licenses it intends to Federal Communications Commission FCC 97-342 Those licensees electing to proceed under the build-out exception will be required to adhere to the specific 150 obligations set forth in their Notes and Security Agreements, as modified for those licenses not being surrendered to the Commission. See discussion in Section IV.E., supra. 47 C.F.R. § 24.203(c). 151 See Part 1 Proceeding at ¶¶ 76-78. 152 36 retain and pertinent information concerning build-out pursuant to the Commission's rules, 150 151 (iii) the original of all licenses being surrendered, and (iv) all originals of the Notes and Security Agreements for those licenses being surrendered for cancellation by the Commission. 75. Prepayment. For licensees electing the prepayment option, the
• http://wireless.fcc.gov/auctions/30/releases/fc970391.pdf http://wireless.fcc.gov/auctions/30/releases/fc970391.txt http://wireless.fcc.gov/auctions/30/releases/fc970391.wp
  • in a link-by-link licensing environment appear to be an ill fit for geographically 94 licensed services. Similarly, we observed that construction deadlines in a mobile environment, which typically require the provision of service to a percentage of the population in the service area, would be inappropriate for a fixed service. See id. See id. 95 See id.; 47 C.F.R. § 24.203(b) (setting forth build-out requirements for PCS licensees of 10 MHz channel blocks). 96 A showing tailored to a particular type of operation (e.g., a point-to-multipoint system) might consist of a demonstration of 97 the level of loading on the system, which would give greater weight to a high capacity link than is recognized by the specific build-out option. 23 40.
• http://wireless.fcc.gov/auctions/35/releases/da002259.doc http://wireless.fcc.gov/auctions/35/releases/da002259.pdf http://wireless.fcc.gov/auctions/35/releases/da002259.txt
  • assigned only to an entity that meets the entrepreneur financial caps or that holds another C or F block license that it acquired while meeting the entrepreneur financial caps. This restriction ends five years after the date of the initial license grant or upon notification by the licensee that it has satisfied its five-year construction requirement under 47 C.F.R. § 24.203(c), whichever comes first. Licenses won in open bidding are not subject to this restriction and may be transferred or assigned any time after grant to any qualified entity. Unjust Enrichment Payments C or F block licensees that use a small or very small business bidding credit, and during the first five years of their license term seek to assign or
• http://wireless.fcc.gov/auctions/35/releases/fc000197.doc http://wireless.fcc.gov/auctions/35/releases/fc000197.pdf http://wireless.fcc.gov/auctions/35/releases/fc000197.txt
  • 5588-89, ¶¶ 128-29. 47 C.F.R. § 24.839 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203; see also id. §§ 1.2111. See CIRI Opposition at 2-6. 47 C.F.R. § 24.710. Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5606, ¶ 171. Id. at 5606 ¶ 170. See C Bock Second Report and Order, 12 FCC Rcd at 16,455-56, ¶¶ 38-39; C Block Reconsideration Order, 13 FCC Rcd at 8366-67, ¶ 49; ``Wireless Telecommunications Bureau
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  • at 7844, para. 41. Id. We have since established a build-out requirement for 15 MHz C block licenses that is identical to the requirement for F block licenses. The requirement for 30 MHz C block licenses remains, as before, more demanding that the F block build-out requirement. See 64 Fed. Reg. 26,887, 26,889, 26,890 (May 18, 1999); 47 C.F.R. § 24.203. We note that in the C/F Block Sixth Report and Order, adopted subsequent to the adoption of this Order on Reconsideration, we reconfigured certain 30 MHz C block licenses into three 10 MHz C block licenses, which have the same construction requirements as 15 MHz C block licenses and F block licenses. See C/F Block Sixth Report and Order, paras.
• http://wireless.fcc.gov/auctions/35/releases/fc000313A.doc http://wireless.fcc.gov/auctions/35/releases/fc000313A.pdf http://wireless.fcc.gov/auctions/35/releases/fc000313A.txt
  • Late-Filed Supplemental Comments by the Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order and Order on Reconsideration is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a
• 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
  • 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 Amendment of the Commission's Rules to Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum Opinion and Order, 9 FCC Rcd 4557, 5018-19, 155 (1994); see also Amendment of Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and the 935-940
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc000289.pdf
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz boradband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
• http://wireless.fcc.gov/auctions/data/papersAndStudies/fc99136.pdf
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz broadband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=78
  • broadband PCS licenses available in Auction 78 are for spectrum that became available when previous licenses for that spectrum automatically terminated for failure to meet the construction requirements. These licenses which includes the four C1 block licenses that are available in closed bidding and the E block license within BTA460 cannot be acquired by the former licensee. See [54]47 C.F.R. 24.203. Permissible Operations AWS-1 Licenses: Advanced Wireless Services (AWS) is the collective term used for new and innovative fixed and mobile terrestrial wireless applications using bandwidth that is sufficient for the provision of a variety of applications including those using voice and data (such as internet browsing, message services, and full-motion video) content. Licensees may use the AWS-1 spectrum for any
• http://wireless.fcc.gov/auctions/general/releases/fc000209.doc http://wireless.fcc.gov/auctions/general/releases/fc000209.pdf http://wireless.fcc.gov/auctions/general/releases/fc000209.txt
  • be provided to a certain percentage of the population or of the geographic area encompassed by the license within a specified time. For example, 30 MHz PCS licensees must make service available to one-third of the population in their licensed area within five years and two-thirds of the population in their licensed areas within ten years. See 47 C.F.R. § 24.203. Some services have a requirement that ``substantial service'' be provided by a date certain. For example, LMDS carriers must offer substantial service within 10 years. See 47 C.F.R. § 101.1011(a). Substantial service is defined as ``service which is sound, favorable and substantially above a level of mediocre service which might just minimally warrant renewal.'' Id. Notice ¶ 24. Salt-River Pima-Maricopa
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • Radio Service Code 47 C.F.R. Part Method of Notification 30 MHz Licenses Service to at least 1/3 of the population in licensed area within 5 years of initial license grant, and 2/3 of the population within 10 years of initial license grant. Alternatively, licensees may provide substantial service to their licensed area within the appropriate 5- and 10-year benchmarks. CW 24.203(a) 601 Main Form and Schedule K 10/15 MHz Licenses Service to at least 1/4 of the population in licensed area within 5 years of initial license grant, or alternatively substantial service within 5 years of initial license grant. CW 24.203(b) 601 Main Form and Schedule K CAPTION: Narrowband PCS Radio Service/Frequency Band Construction/Coverage Requirements Radio Service Code 47 C.F.R. Part
• http://wireless.fcc.gov/reports/documents/fc000289.pdf
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz boradband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
• http://wireless.fcc.gov/reports/documents/fcc00289.doc
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz boradband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide ``substantial service,'' within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • exposure.||| 62|PC|This authorization requires that the licensee shall construct a 30 MHz broadband Personal Communications Services system on Frequency Block A (1850-1865 MHz/1930-1945 MHz) in the Los Angeles-San Diego MTA that substantially uses the design and technology|upon which the pioneer's preference award to the licensee was based. This condition expires upon meeting the five-year build-out requirement in 47 C.F.R. § 24.203(a).|||| 63|PC|Grant of this license is without prejudice to any future enforcement action the Commission may determine is appropriate regarding the bidding activities of Puerto Rico Telephone Company in the D, E, and F block PCS auction.||||| 64|PC|Grant of this license is without prejudice to any future enforcement action the Commission may determine appropriate regarding the bidding activities of Mercury PCS
• http://wireless.fcc.gov/wtb/index.htm?job=releases_page&y=2005&m=3&t=Order
  • [41]May | [42]June | [43]July | [44]August | [45]September | [46]October | [47]November | [48]December 03/18/2005 WTB Orders (FCC 05-52) Vodafone AirTouch, Plc and Bell Atlantic Corporation, et al Dismissed to the extent set forth and otherwise denied the Application for Review FCC-05-52A1: [49]pdf - [50]word - [51]txt 03/17/2005 WTB Orders (DA 05-677) Westel, L.P., Request for Waiver of Section 24.203 of the Commission's rules and extension of five-year construction requirement Denied the Request for an Extension of Time to meet the five-year construction requirement for Perso... DA-05-677A1: [52]pdf - [53]word - [54]txt 03/15/2005 WTB Orders (DA 05-672) Belwen, Inc Denied the Petition DA-05-672A1: [55]pdf - [56]word - [57]txt 03/14/2005 WTB Orders (DA 05-664) CLAY COUNTY, FLORIDA Dismissed the City of
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • the investment to be rational, the [. . . predator] must have a reasonable expectation of recovering in the form of later monopoly profits, more than the losses suffered."). 259 See VoiceStream DT Application at 23-24; VoiceStream Powertel DT Reply at 5. 260 See VoiceStream DT Application at 22; Powertel DT Application at 2, 10, 19. 261 47 C.F.R. §§ 24.203, 27.14. 262 See, e.g., Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993) ("Without [recoupment], predatory pricing produces lower aggregate prices in the market, and consumer welfare is enhanced. . . . [U]nsuccessful predation is in general a boon to consumers."). Federal Communications Commission FCC 01-142 53 3. Rural Market Entry 93. Several commenters further
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000814.doc
  • PN 8/3/00; DA 00-1748 WirelessTelecommunications Bureau seeks comment on TeleCorp PCS, L.L.C.'S request for waiver of the five year broadband PCS construction requirement for the partitioned/disaggregated Louisville MTA. On July 7, 2000, TeleCorp PCS, L.L.C., licensee of call sign WPOI215, a license partitioned/disaggregated from the Louisville MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules. The Commission seek comments on whether granting TeleCorp's waiver would further the public interest. Interested parties may file comments on or before September 4, 2000. Parties interest in submitting reply comments must do so on or before September 19, 2000. PN 8/3/00; DA 00-1749 Wireless Telecommunications Bureau seeks comment on West Virginia PCS Alliance, L.C.'S request
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000828.doc
  • PN 8/3/00; DA 00-1748 WirelessTelecommunications Bureau Seek Comment on TeleCorp PCS, L.L.C.'s Request for Waiver of the Five Year Broadband PCS Construction Requirement for the Partitioned/Disaggregated Louisville MTA. On July 7, 2000, TeleCorp PCS, L.L.C., licensee of call sign WPOI215, a license partitioned/disaggregated from the Louisville MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules. Comments due September 4; replies due September 19. Contact: Michael Ferrante at (202) 418-1323. PN 8/3/00; DA 00-1749 Wireless Telecommunications Bureau Seek Comment on West Virginia PCS Alliance, L.C.'s Request for Waiver of the Five Year Broadband PCS Construction Requirement for the Partitioned Cincinnati MTA. On July 7, 2000, West Virginia PCS Alliance, L.C. licensee of
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000911.doc http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000911.html
  • PN 8/3/00; DA 00-1748 WirelessTelecommunications Bureau Seek Comment on TeleCorp PCS, L.L.C.'s Request for Waiver of the Five Year Broadband PCS Construction Requirement for the Partitioned/Disaggregated Louisville MTA. On July 7, 2000, TeleCorp PCS, L.L.C., licensee of call sign WPOI215, a license partitioned/disaggregated from the Louisville MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules. Comments due September 4*; replies due September 19. Contact: Michael Ferrante at (202) 418-1323. PN 8/3/00; DA 00-1749 Wireless Telecommunications Bureau Seek Comment on West Virginia PCS Alliance, L.C.'s Request for Waiver of the Five Year Broadband PCS Construction Requirement for the Partitioned Cincinnati MTA. On July 7, 2000, West Virginia PCS Alliance, L.C. licensee of
• 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
  • filing will make it easier for all licensees to timely file renewal applications. In addition, Commission forms are widely available to the Federal Communications Commission FCC 98-25 See http://www.fcc.gov/formpage.html. 87 1-800-418-FORM (3676). 88 Call 1-202-418-0177 from the handset of any fax machine and follow the recorded instructions. 89 See, e.g, 47 C.F.R. § 22.145. 90 See, e.g., 47 C.F.R. § 24.203. 91 See, e.g., 47 C.F.R. § 21.44. 92 23 public on the FCC's web page, via toll free telephone number, and through a fax-on-demand service, and 87 88 89 licensees should be able to obtain the form more easily than before to timely file their renewal application. We seek comment on our tentative conclusions and on whether this approach will
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.doc http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99205.txt
  • 300 meters (1000 feet) above average terrain. For example, maritime public fixed stations begin providing service within one year. 47 C.F.R. § 80.49(b). For example, 30 MHz PCS licensees must make service available to one-third of the population in their licensed area within five years and two-thirds of the population in their licensed areas within ten years. 47 CFR § 24.203. For example, LMDS carriers must offer substantial service within 10 years. 47 C.F.R. § 101.1011(a). Substantial service is defined as ``service which is sound, favorable and substantially above a level of mediocre service which might just minimally warrant renewal.'' Id. See 47 C.F.R. §§ 24.203(a), 90.665(c), 90.685(b). See 47 C.F.R. § 22.949. See 47 CFR § 22.912. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00197.doc
  • 5588-89, ¶¶ 128-29. 47 C.F.R. § 24.839 See Amendment of Parts 20 and 24 of the Commission's Rules - Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap, WT Docket No. 96-59, Amendment of the Commission's Cellular/PCS Cross-Ownership Rule, GN docket No. 90-314, Report and Order, 11 FCC Rcd 7824, 7863, ¶ 84 (1996). 47 C.F.R. § 24.203; see also id. §§ 1.2111. See CIRI Opposition at 2-6. 47 C.F.R. § 24.710. Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5606, ¶ 171. Id. at 5606 ¶ 170. See C Bock Second Report and Order, 12 FCC Rcd at 16,455-56, ¶¶ 38-39; C Block Reconsideration Order, 13 FCC Rcd at 8366-67, ¶ 49; ``Wireless Telecommunications Bureau
• http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97342.wp
  • will provide more information concerning filing procedures in a subsequent public notice. 150 Those licensees electing to proceed under the build-out exception will be required to adhere to the specific obligations set forth in their Notes and Security Agreements, as modified for those licenses not being surrendered to the Commission. See discussion in Section IV.E., supra. 151 47 C.F.R. § 24.203(c). 36 E.Election Procedures 70. We conclude that a licensee electing to continue under its existing installment payment plan or electing one of the options set forth in this Second Report and Order, must file a written notice of such election with the Wireless Telecommunications Bureau on or before the Election Date ("Election Notice") as specified in this section. As used
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99136.pdf
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz broadband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001404.doc
  • February 23, 2000, and on April 4, 2000, the parties consummated the assignment agreement. Upon assignment of the license, American Wireless became obligated to fulfill the construction requirements that Bay Springs earlier had assumed. In acquiring its partitioned license from PrimeCo in 1995, Bay Springs agreed to assume responsibility for meeting the Commission's applicable construction requirements, pursuant to Commission Rule 24.203(a). That required Bay Springs, as licensee, to provide service in its license area to at least one-third of the population within five years of originally being licensed, and two-thirds within ten years. Accordingly, when American Wireless was assigned Bay Springs's license, American Wireless assumed responsibility for meeting those same ``build-out'' requirements by the June 23, 2000 deadline for PCS B
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001525.doc
  • ) ) GTE Wireless of the Pacific, Inc. ) ) Request for Waiver of Construction ) Requirements for PCS Station WPOI208 ) In the Yakima, Washington BTA ) ) By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: I. Introduction 1. On June 23, 2000, GTE Wireless of the Pacific, Inc. (GTE) filed a request seeking waiver of Section 24.203(a) of the Commission's Rules in order to extend the five-year construction benchmark for Personal Communications Service (PCS) Station WPOI208 in the Yakima, Washington Basic Trading Area (BTA). By this Order, we grant GTE's waiver request to the extent described below. II. Background 2. The Yakima market was initially part of GTE's Seattle A-Block MTA license, issued under call sign KNLF247.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da002443.txt
  • of the license term . . . Finally, contract provisions also allow the former licensee to take control of the license without seeking prior Commission approval. Specifically, the agreements allow Wilkinson to take possession `without legal processes.''' See 94 F.C.C. 2d at 839 ¶ 19 and n. 10. See Southwest Opposition at 10. Id. at 11. See 47 C.F.R. § 24.203. See 47 C.F.R. § 24.203(a) and (b). The Buy-Back Option is only exercisable within a 90-day period which begins two years from the date of closing of the Poka Lambro/Southwest underlying transaction. See Poka Lambro Asset Agreement at Section 10.1. See Merkely, 94 F.C.C. 2nd at 839 ¶ 19 and n. 10; see also Churchill Tabernacle v. FCC, 160 F.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00209.txt
  • be provided to a certain percentage of the population or of the geographic area encompassed by the license within a specified time. For example, 30 MHz PCS licensees must make service available to one-third of the population in their licensed area within five years and two-thirds of the population in their licensed areas within ten years. See 47 C.F.R. § 24.203. Some services have a requirement that ``substantial service'' be provided by a date certain. For example, LMDS carriers must offer substantial service within 10 years. See 47 C.F.R. § 101.1011(a). Substantial service is defined as ``service which is sound, favorable and substantially above a level of mediocre service which might just minimally warrant renewal.'' Id. Notice ¶ 24. Salt-River Pima-Maricopa
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00299.doc
  • at 7844, para. 41. Id. We have since established a build-out requirement for 15 MHz C block licenses that is identical to the requirement for F block licenses. The requirement for 30 MHz C block licenses remains, as before, more demanding that the F block build-out requirement. See 64 Fed. Reg. 26,887, 26,889, 26,890 (May 18, 1999); 47 C.F.R. § 24.203. We note that in the C/F Block Sixth Report and Order, adopted subsequent to the adoption of this Order on Reconsideration, we reconfigured certain 30 MHz C block licenses into three 10 MHz C block licenses, which have the same construction requirements as 15 MHz C block licenses and F block licenses. See C/F Block Sixth Report and Order, paras.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00313.txt
  • the Motion to Accept Late-Filed Supplemental Comments by the Personal Communications Industry Association on July 21, IS DENIED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 5(b), 5(c)(1), 309(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 155(b), 156(c)(1), 303(r), and 309(j), this Sixth Report and Order is hereby ADOPTED, and Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839 of the Commission's rules, 47 C.F.R. Sections 24.202, 24.203, 24.229, 24.709, 24.710, 24.712, 24.714, 24.717, 24.720, and 24.839, are amended as set forth in Appendix E, effective 60 days after publication in the Federal Register. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001276.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001276.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 TWELFTH STREET, S.W.; TW-A325 WASHINGTON, D.C. 20554 News Media Information: (202) 418-0500 Fax-On-Demand: (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov WIRELESS TELECOMMUNICATIONS BUREAU REMINDS BROADBAND PERSONAL COMMUNICATIONS SERVICES (PCS) LICENSEES OF FIVE-YEAR CONSTRUCTION BENCHMARK . Section 24.203 of the Commission's rules requires Broadband PCS licensees (30 MHz blocks) to serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed. Licensees must file maps and other supporting documents showing that they have met the five-year benchmark. Because 2000 census data is
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001748.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001748.txt
  • REQUEST FOR WAIVER OF THE FIVE YEAR BROADBAND PCS CONSTRUCTION REQUIREMENT FOR THE PARTITIONED/DISAGGREGATED LOUISVILLE MTA (026) Comment Date: September 4, 2000 Reply Date: September 19, 2000 On July 7, 2000, TeleCorp PCS, L.L.C. (``TeleCorp''), licensee of call sign WPOI215, a license partitioned/disaggregated from the Louisville MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a). Pursuant to this Section, licensees are required to provide adequate service to at least one-third of the population in their licensed areas within five years. TeleCorp acquired this license through partitioning and dissagregation from AT&T Wireless PCS, LLC. In that transaction, TeleCorp certified that it would meet the construction requirements found in
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001749.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001749.txt
  • OF THE FIVE YEAR BROADBAND PCS CONSTRUCTION REQUIREMENT FOR THE PARTITIONED CINCINNATI MTA (018) Comment Date: September 4, 2000 Reply Date: September 19, 2000 On July 7, 2000, West Virginia PCS Alliance, L.C. (``WV PCS''), licensee of call sign WPOH986, a license partitioned from the Cincinnati MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a). Pursuant to this Section, licensees are required to provide adequate service to at least one-third of the population in their licensed areas within five years. WV PCS submits that it has met the threshold, but requests a waiver of the construction requirements in the event that the Commission concludes that WV PCS
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001750.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001750.txt
  • WAIVER OF THE FIVE YEAR BROADBAND PCS CONSTRUCTION REQUIREMENT FOR THE PARTITIONED/DISAGGREGATED ST. LOUIS MTA (019) Comment Date: September 4, 2000 Reply Date: September 19, 2000 On July 7, 2000, TeleCorp PCS, L.L.C. (``TeleCorp''), licensee of call sign WPOI217, a license partitioned/disaggregated from the St. Louis MTA, filed a request for waiver of the five year construction requirements under Section 24.203(a) of the Commission's rules, 47 C.F.R. § 24.203(a). Pursuant to this Section, licensees are required to provide adequate service to at least one-third of the population in their licensed areas within five years. TeleCorp acquired this license through partitioning and dissagregation from AT&T Wireless PCS, LLC. In that transaction, TeleCorp certified that it would meet the construction requirements found in
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da002259.doc
  • assigned only to an entity that meets the entrepreneur financial caps or that holds another C or F block license that it acquired while meeting the entrepreneur financial caps. This restriction ends five years after the date of the initial license grant or upon notification by the licensee that it has satisfied its five-year construction requirement under 47 C.F.R. § 24.203(c), whichever comes first. Licenses won in open bidding are not subject to this restriction and may be transferred or assigned any time after grant to any qualified entity. Unjust Enrichment Payments C or F block licensees that use a small or very small business bidding credit, and during the first five years of their license term seek to assign or
• http://www.fcc.gov/Bureaus/Wireless/Reports/fcc00289.pdf
  • of a specific license receives coverage. For example, the construction requirements for 30 MHz broadband PCS licenses (blocks A, B, and C) state that an operator's network must serve an area containing at least one-third of the license area's population within five years of the license being granted and two-thirds of the population within ten years. See 47 C.F.R. § 24.203(a). Similarly, the construction requirements for 10 MHz boradband PCS licenses (blocks D, E, and F) state that an operator must cover one-quarter of a license area's population, or provide "substantial service," within five years of being licensed. See 47 C.F.R. § 24.203(b). The details concerning exactly which geographic areas or portions of the population should be covered to meet these
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040816.html
  • USA, INC.. Granted the waiver request filed by Chevron USA, Inc. with conditions. Action by: Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau. Adopted: 07/30/2004 by ORDER. (DA No. 04-2444). WTB [19]DA-04-2444A1.doc [20]DA-04-2444A1.pdf [21]DA-04-2444A1.txt PACIFIC COMMUNICATIONS LLC AND CORAL WIRELESS, LLC. Granted the Request of Coral Wireless, LLC, for a nine-month extension of its construction deadline under section 24.203(a), and Denied Nextel Partners, Inc.'s Petition to Deny the Request. Action by: Deputy Chief, Mobility Division, Wireless Telecommunications Bureau. Adopted: 08/13/2004 by MO&O. (DA No. 04-2533). WTB [22]DA-04-2533A1.doc [23]DA-04-2533A1.pdf [24]DA-04-2533A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED AUGUST 13, 2004, DID NOT APPEAR IN DIGEST NO. 153: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: SAT-00234 Released: 08/13/2004. POLICY BRANCH INFORMATION Satellite
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050318.html
  • refund plans submitted by various price cap local exchange carriers (LECs) in response to the Commission's order concluding the investigation of the 1993 and 1994 access tariffs of price cap LECs. (Dkt No. 93-193 , 94-65). Action by: Chief, Wireline Competition Bureau. Adopted: 03/17/2005 by ORDER. (DA No. 05-719). WCB [70]DA-05-719A1.doc [71]DA-05-719A1.pdf [72]DA-05-719A1.txt WESTEL, L.P., REQUEST FOR WAIVER OF SECTION 24.203 OF THE COMMISSION'S RULES AND EXTENSION OF FIVE-YEAR CONSTRUCTION REQUIREMENT. Denied the Request for an Extension of Time to meet the five-year construction requirement for Personal Communications Services license, Call Sign WPOJ830 in Kahului-Wailuku-Lahaina, HI. Denied the Westel's Request for Waiver of Section 24.203. Action by: Deputy Chief, Mobility Division, Wireless Telecommunications Bureau. Adopted: 03/15/2005 by LETTER. (DA No. 05-677).
• http://www.fcc.gov/Speeches/Tristani/Statements/stgt827.html http://www.fcc.gov/Speeches/Tristani/Statements/stgt827.txt http://www.fcc.gov/Speeches/Tristani/Statements/stgt827.wp
  • rules on the provision of needed services in rural and high cost areas. * * * * * _____________________ 1. Annual Report and Analysis of Competitive Market Conditions with Respect to Commercial Mobile Services, Third Report, FCC 98-81 (rel. June 11, 1998) (Third Annual CMRS Competition Report). 2. 47 C.F.R. 20.6 (1997). 3. 47 C.F.R. 22.942 (1997). 4. 47 C.F.R. 24.203(a), (b) (1997). 5. 47 U.S.C. 151. 6. See, e.g., 47 U.S.C. 309(j)(3)(A), (B); 47 U.S.C. 254(b)(3); 47 U.S.C. 254(h). References 1. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.txt 2. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.wp 3. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_1_ 4. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_2_ 5. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_3_ 6. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_4_ 7. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_5_ 8. http://transition.fcc.gov/Speeches/Tristani/Statements/stgt827.html#N_6_
• http://www.fcc.gov/eb/Orders/2007/FCC-07-80A1.html
  • bid" and the applicant's application "will be dismissed," that language does not circumscribe the definition of applicant for purposes of the anti-collusion rule contained in section 1.2105. Moreover, the language of section 1.2106(c) indicates future, not immediate or automatic, action. Because the dismissal requires future action by the Commission, the rule is not self-effectuating. Similarly, the dismissal provisions of sections 24.203(b) and (c) of the Commission's rules, upon which Star and Northeast rely, are not self-effectuating because the termination provisions are not solely contained in the rule. Instead, sections 1.946(c) and 1.955(a)(2) of the Commission's rules specifically provide for the automatic termination of a licensee's license for violation of section 24.203. 8. Northeast claims that an auction applicant must be able
• http://www.fcc.gov/fcc-bin/audio/DA-06-1944A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1944A1.pdf
  • Requirement Time Schedules, Petition for Reinstatement of Licenses, filed July 24, 2003. Entities holding 30 MHz C Block PCS licenses must provide service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. 47 C. F. R. § 24.203(a). Urban Comm-North Carolina, Inc., Petition for Reconsideration of Public Notice Announcing Auction of C and F Block PCS Spectrum; Petition for Stay, Order, 18 FCC Rcd 18791 (WTB 2003) (Urban Comm Clarification Order). On April 4, 2005, the United States Bankruptcy Court for the Southern District of New York approved a settlement agreement between the Commission and Urban Comm regarding
• http://www.fcc.gov/ogc/documents/opinions/1998/cellnet.html http://www.fcc.gov/ogc/documents/opinions/1998/cellnet.wp
  • licenses; the FCC's licensing rules require only that PCS licensees with 30 MHz of spectrum reach one-third of their service area populations within five years of their license's issuance, and that PCS licensees with 10 MHz of spectrum must only serve one-quarter of the population within five years or failing that, "make a showing of substantial service." See 47 C.F.R. 24.203. Cellnet explains that within five years of the PCS licenses' issuance, the FCC's rules do not guarantee that any more than one-third of the population will have access to PCS competitors. Cellnet also points to an absence of evidence in the record to support the FCC's prediction of competition among PCS providers and cellular providers. In establishing the allocation scheme,
• http://www.fcc.gov/transaction/att-cingular.html
  • that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other things, [t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. AWS and Cingular state that five-year build-out notifications have been filed for all the C and F block licenses implicated in the assignment applications. AWS and Cingular acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments or transfers of control
• http://www.fcc.gov/transaction/attwireless-telecorp.html
  • that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other instances, [t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. TeleCorp and AT&T Wireless state that five-year build-out notifications have been filed for all of the C and F block licenses implicated in the transfer of control applications to AT&T Wireless. TeleCorp has not filed notifications for all of its C and F Block licenses, and the parties intend that those TeleCorp
• http://www.fcc.gov/transaction/attwireless-telecorp/da012608.pdf
  • assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted," except when, among other instances, "[t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied."11 TeleCorp and AT&T Wireless state that five-year build-out notifications have been filed for all of the C and F block licenses implicated in the transfer of control applications to AT&T Wireless. TeleCorp has not filed notifications for all of its C and F Block licenses, and the parties intend that those TeleCorp
• http://www.fcc.gov/transaction/aws-cingular.html
  • that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other things, [t]he application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. The parties state that the five-year build-out notifications have been filed for all of the C and F block licenses implicated in the assignment applications. Additionally, the parties acknowledge that full payment of the remaining unpaid principal and any unpaid interest accrued through the eventual date of the assignments and any other
• http://www.fcc.gov/transaction/newcomm-tem.html
  • that [n]o assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of 24.709 will be granted, except when, among other instances, [t]he application for assignments or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to 24.203(c) that its five-year construction requirement has been satisfied. ClearComm and TEM state that five-year build-out notifications have been filed for all of the wireless licenses implicated in the transfer of control applications to TEM. Additionally, ClearComm and TEM acknowledge that any remaining debt under the installment payment plan will be paid prior to or upon consummation of the transfer of
• http://www.fcc.gov/transaction/nextel-motorola/da010947.doc
  • an increase in service, which will continue as interconnected mobile voice providers build out their licensed areas. For PCS licenses, Commission rules require PCS licensees to construct their systems so that there is sufficient signal strength to provide adequate service to one-third of the population of the market within five years and two-thirds within 10 years. See 47 C.F. R. §§24.203(a) and (b). 900 MHz Major Trading Area (``MTA'') licenses are required to build out their systems to cover one-third of the MTA population within three years and two-thirds of the MTA population within five years of the license grant. See 47 C.F.R. §90.665. Strategis Report, SMR at 66. Pittencrieff Order at ¶39; Strategis Report, SMR at 66. Fifth CMRS Competition
• http://www.fcc.gov/transaction/voicestream-cook/da002820.doc http://www.fcc.gov/transaction/voicestream-cook/da002820.pdf
  • the proposed transfer of control of VoiceStream to DT. Id. at 4. See CIRI Opposition at 2. CIRI also states that nine more of its systems are currently under construction in markets with fewer than 100 POPs per square mile. Id. Id. at 3. Id. at 4. Construction build-out requirements for the PCS and WCS licenses are found in sections 24.203 and 24.17 of the Commission's rules, respectively. See 47 C.F.R. §§ 24.203, 27.14. CIRI Opposition at 3. CIRI and VoiceStream both challenge WITCO's standing as a party-in-interest in the instant proceeding. See id. at 5-6; VoiceStream Opposition at 2-5. Because we deny the WITCO Petition to the extent WITCO claims that the instant transfers of control will harm rural consumers,