FCC Web Documents citing 27.1201
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- and Instructional Television Fixed Service, respectively) in the 2495-2690 MHz band. These four rules were originally published in part 21. Need: These rules provide a regulatory framework for the Broadband Radio Service and Educational Broadband Service, particularly with respect to licensing and auctions. Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, 337. Section Number and Title: 27.1201(a)(3) EBS eligibility. 27.1208 Service areas. 27.1212 License term. 27.1213 Designated entity provisions for BRS in Commission auctions commencing prior to January 1, 2004. PART 43 - REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES Brief Description: The rule sets forth the requirements and procedures for carriers to file information on how U.S. international carriers use their circuits. Need: The rule
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- OPINION AND ORDER Adopted: June 22, 2005 Released: June 22, 2005 By the Deputy Chief, Wireless Telecommunications Bureau: INTRODUCTION On March 25, 2005, Choice Communications, LLC (Choice) filed an application and waiver request in support of its application for four vacant A-group, commercial Educational Broadband Service (EBS) channels in St. Thomas, Virgin Islands. Choice filed its Application pursuant to Section 27.1201(c)(1) of the Commission's Rules, and pursuant to the rights granted in the BTA Auction Order. Specifically, Choice seeks a waiver of the filing freeze that was imposed by the Commission on new EBS applications in the Commission's April 2003, NPRM and MO&O that proposed new technical rules and a new band plan for EBS and Broadband Radio Service (BRS) spectrum.
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- application seeking Commission consent to assign those stations to Sprint Nextel. Public notice of the acceptance for filing of the Martinsburg Application was given on August 9, 2006. On August 22, 2006, WPV filed a separate application for Commission consent to assign Station WQCP982 to Sprint Nextel. On September 19, 2006, Sprint Nextel filed a Request for Waiver of Section 27.1201 of the Commission's Rules so that it might be eligible to be assigned this license. Public notice of the acceptance for filing of the Strasburg Application was given on September 27, 2006. On August 23, 2006, NTELOS filed the NTELOS Martinsburg Petition. On September 5, 2006, WPV submitted an Opposition to the NTELOS Martinsburg Petition. On October 10, 2006, NTELOS
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- 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&T Wireless) (citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- and WBSR Licensing Corporation (WBSR) (collectively, `Petitioners'), all wholly owned subsidiaries of Sprint Nextel, filed applications and associated waiver requests for various vacant A, B, and C group, Instructional Television Fixed Service (ITFS) channels in Coos Bay, Oregon; Helena, Montana; Klamath Falls, Oregon; and Roseburg, Oregon. Petitioners filed these Waiver Requests in support of their pending Applications pursuant to Section 27.1201(c)(1) of the Commission's Rules, and pursuant to the rights granted in the BTA Auction Order. Specifically, Petitioners seek a waiver of the frequency availability restrictions in Section 27.5 of the Commission's rules, and of the filing freeze imposed by the Commission on new EBS applications in the Commission's April 2003 NPRM and MO&O that proposed new technical rules and a
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- to assign BRS Stations WMY290 and WMY291 to Nextel Spectrum. Public notice of the acceptance for filing of the Martinsburg Application was given on August 9, 2006. On August 22, 2006, WPV filed an application to assign EBS Station WQCP982 to Nextel Spectrum. On September 19, 2006, Nextel Spectrum requested that the Commission waive the eligibility restrictions set-forth in Section 27.1201 of the Commission's Rules to permit it to take assignment of the EBS Station WQCP982 and deploy the commercial B Group channels for BRS operations. Public notice of the acceptance for filing of the Strasburg Application was given on September 27, 2006. On October 11, 2006, Havens filed a petition to deny the applications. Havens argued that Nextel Spectrum failed
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- much of the same audience as petitioner where latter made only ```bare allegations''' of competitive injury without any evidence of adverse financial effects resulting from broadcast of disputed commercials) (quoting Sierra Club v. EPA, 292 F.3d 895, 898 (D.C. Cir. 2002)). See 47 C.F.R. § 1.41. 47 C.F.R. § 1.41. See 47 C.F.R. §§ 27.4 (definition of commercial EBS licensee), 27.1201(d). Application, Question 100. Application, Exhibit 2. See WPV I, 22 FCC Rcd at 1292 ¶ 12; MC/LM, 22 FCC Rcd at 4780-4787. See WPV I, 22 FCC Rcd at 1292 ¶ 12. We note that the petitioners allege that DePriest misrepresented his ownership in MariTel because the ownership filing by WPV on October 22, 2006 differs from an ownership filing
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- the option of leasing spectrum from an existing EBS licensee. In addition, NMU has also shown that it has explored other alternatives and has determined that EBS spectrum represents the best means of serving its students and the Marquette, Michigan community. We note that NMU's proposed use of the EBS channels is consistent with the Commission's policy for EBS. Section 27.1201(a) of the Commission's Rules states that a ``license for an Educational Broadband Service stations will be issued only to an accredited institution...engaged in the formal education of enrolled students.'' NMU is such an institution and has indicated that it will use the proposed EBS system solely to meet the educational needs of the University and its surrounding community. The provision
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- and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 03-66, 19 FCC Rcd 14165, ¶ 9 (2004). EBS is designed primarily for the transmission for providing educational and instructional material to accredited educational institutions and government organizations. See 47 C.F.R. § 27.1201(a). See, e.g., Wireless Telecommunications Bureau Grants Advanced Wireless Services Licenses, Public Notice, 22 FCC Rcd 7293 (WTB 2007). See Auction of 700 MHz Band Licenses Closes, Public Notice, DA 08-595 (WTB rel. Mar. 20, 2008). Licensees in the Lower 700 MHz A, B, and E Blocks and in the Upper 700 MHz C Block must meet their first buildout requirement
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- 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&T Wireless) (citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- Inc., Order, 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&TWireless)(citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). 39AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). 40Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&T Wireless) (citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- Inc., Order, 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&TWireless)(citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). 44AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). 45Section 27.1201 of the Commission's rules provides, in relevantpart, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and governmental
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- v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). Nextel Spectrum Acquisition Corporation holds the BRS BTA Authorization for the San Antonio, Texas BTA. Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- Club v. Morton, 405 U.S. 727, 73(1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). 34AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). 35Nextel Spectrum Acquisition Corporation holds the BRS BTA Authorization for the San Antonio, Texas BTA. 36Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to agovernmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and governmental
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- 3. DCTC cites to a number of cases that do not involve STA requests, including instances where the Commission has waived the application filing freeze. See, e.g., STA Request at 7-9. We find such cases inapplicable to the instant matter. See 47 C.F.R. § 1.931(a)(2)(iv); see also STA Request at 3. See STA Request at 3-8. See 47 C.F.R. § 27.1201(a). BRS/EBS R&O, 19 FCC Rcd at 14199 ¶ 77. BRS/EBS R&O, 19 FCC Rcd at 14199 ¶ 77. This calculation is made in accordance with the requirements of 47 C.F.R. § 76.905(c). BRS/EBS R&O, 19 FCC Rcd at 14199 ¶ 77. Id. Id. Id. at 14199-14200 ¶ 77; 47 C.F.R. § 1.925(b)(3). 47 C.F.R. § 1.925. See, e.g., DCTC Reply
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- the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.79DCTC has not attempted to demonstrate that itsatisfies either of the specific bases for waiver established in the 71See 47 C.F.R. § 1.931(a)(2)(iv); see also STA Request at 3. 72See STA Request at3-8. 73See47 C.F.R. § 27.1201(a). 74BRS/EBS R&O, 19 FCC Rcd at 14199 ¶ 77. 75BRS/EBS R&O, 19 FCC Rcd at 14199 ¶ 77. This calculation is made in accordance with the requirements of 47 C.F.R. § 76.905(c). 76BRS/EBS R&O, 19 FCC Rcd at 14199 ¶ 77. 77Id. 78Id. 79Id. at 14199-14200 ¶ 77; 47 C.F.R. § 1.925(b)(3). 4738 Federal Communications Commission DA 09-867 BRS/EBS R&O.
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- 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&T Wireless) (citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- Inc., Order, 15 FCC Rcd 4587, 4588 ¶ 3 (WTB CWD 2000) (AT&TWireless)(citing Sierra Club v. Morton, 405 U.S. 727, 73 (1972); Lawrence N. Brandt, Memorandum Opinion and Order, 3 FCC Rcd 4082 (1988). 21AT&T Wireless, 15 FCC Rcd at 4588 ¶ 3 (citing Duke Power Co. v. Carolina Environmental Study Group, Inc. 438 U.S. 59, 72, 78 (1978)). 22Section 27.1201 of the Commission's rules provides, in relevant part, that a license for an Educational Broadband Service station will be issued only to an accredited institution or to a governmental organization engaged in the formal education of enrolled students or to a nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and
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- 6. See Fox River Broadcasting, Inc., Memorandum Opinion and Order, 93 FCC 2d 127, 129 ¶ 6 (1983). See Joseph W. Bollinger and Donna M. Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 18107, 18109 ¶ 5 (2001). See File No. 0002368587 (filed Nov. 2, 2005). See Benton Petition at 6-7. Opposition, Affidavit of Doreen Wilson. See 47 C.F.R. § 27.1201(a). We reject as unsupported speculation Benton's claims that Rockne's and Albion's failure to obtain 501(c)(3) status raises additional questions or warrants additional inquiry. See Benton Reply at 3. See Garrett, Andrews, & Letizia, Inc., Decision, 86 FCC 2d 1172, 1180 (Rev. Bd. 1981), mod. on other grounds, Memorandum Opinion and Order, 88 FCC 2d 620 (1981). Benton Petition at 7-8;
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- challenge has been made à à 28SeeFox River Broadcasting, Inc., Memorandum Opinion and Order,93 FCC 2d 127, 129 ¶ 6 (1983). 29See Joseph W. Bollinger and Donna M. Bollinger, Memorandum Opinion and Order, 16 FCC Rcd 18107, 18109 ¶ 5 (2001). 30SeeFile No. 0002368587 (filed Nov. 2, 2005). 31SeeBenton Petition at 6-7. 32Opposition, Affidavit of Doreen Wilson. 33See47 C.F.R. § 27.1201(a). 34We reject as unsupported speculation Benton's claims that Rockne's and Albion's failure to obtain 501(c)(3) status raises additional questions or warrants additional inquiry. SeeBenton Reply at 3. 35See Garrett, Andrews, & Letizia, Inc., Decision, 86 FCC 2d 1172, 1180 (Rev. Bd. 1981), mod. on other grounds, Memorandum Opinion and Order, 88 FCC 2d 620 (1981). 36Benton Petition at 7-8; Benton
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- Id. See Pegasus Rural Broadband, LLC, et al., Case No. 11-11772 (DE June 10, 2011). Extension and Waiver Request at 1. Id. at 1-2. Id. 47 C.F.R. § 27.4. 47 C.F.R. § 27.14(o). See National EBS Association and Catholic Television Network, Memorandum Opinion and Order, 26 FCC Rcd 4021 ¶ 1 (WTB/2011) (``EBS Extension Order''). See also 47 C.F.R. § 27.1201(d). Extension and Waiver Request at 1. 47 C.F.R. § 1.946(e)(1). 47 C.F.R. § 1.946(e)(2). Extension and Waiver Request at 1. Id. Id. See 47 C.F.R. § 1.925(b)(3); see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990); WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), aff'd, 459 F.2d 1203 (1972), cert. denied, 409
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- licensee's 15Id. See Pegasus Rural Broadband, LLC, et al., Case No. 11-11772 (DE June 10, 2011). 16Extension and Waiver Request at 1. 17Id. at 1-2. 18Id. 1947 C.F.R. § 27.4. 2047 C.F.R. § 27.14(o). 21See National EBS Association and Catholic Television Network, Memorandum Opinion and Order, 26 FCC Rcd 4021 ¶ 1 (WTB/2011) ("EBS Extension Order"). See also47 C.F.R. § 27.1201(d). 22Extension and Waiver Request at 1. 2347 C.F.R. § 1.946(e)(1). 2447 C.F.R. § 1.946(e)(2). 25Extension and Waiver Request at 1. 26Id. 27Id. 3276 Federal Communications Commission DA 12-541 control under the Commission's Rules and cannot justify a construction extension. Thus, we deny Xanadoo's request for an extension of time to construct. B. Waiver Request 10. In the alternative, Xanadoo requests
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- of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, Notice of Proposed Rulemaking and Memorandum Opinion and Order, WT Docket No. 03-66, 18 FCC Rcd 6722, 6811 ¶ 226, 6825 ¶ 260 (2003)); (b) Section 27.1201(c)(3) of the Commission's rules to permit StratusWave to hold licenses for EBS channels despite the fact that StratusWave did not meet the eligibility requirements to hold such licenses; and (c) Section 1.913(b) of the Commission's rules to permit manual filing of the applications. StratusWave Waiver Order, 22 FCC Rcd at 15789-15790, 15799 ¶¶ 1, 24. StratusWave Waiver Order, 22 FCC
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- (d)(2)(i) to read as follows: § 1.9020 Spectrum manager leasing arrangements. * * * * * (d) * * * (2)(i) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license qualification, except that spectrum lessees entering into spectrum leasing arrangements involving licensees in the Educational Broadband Service (see § 27.1201) are not required to comply with the eligibility requirements pertaining to such licensees (see § 27.1201) so long as the spectrum lessees meet the other eligibility and qualification requirements applicable to Part 27 services (see § 27.12). * * * * * Section 1.9030 is amended by revising paragraph (d)(2)(i) to read as follows: § 1.9030 Long-term de facto transfer
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- license authorization. * * * * * (d) * * * (2) * * * (i) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license authorization, with the following exceptions. A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Educational Broadband Service (see § 27.1201 of this chapter) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee meets the other eligibility and qualification requirements applicable to Part 27 services (see § 27.12 of this chapter). A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Public Safety Radio Services (see
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- Order''). Direct Connect(R) provides trunked dispatch customers with an expanded dispatch service area and higher voice quality and extra security than analog trunked dispatch. Id. at 21106 & n.4. See infra Section V.B.1.a. In a small number of cases, Nextel is the licensee of EBS stations pursuant to the ``wireless cable'' exception to the EBS eligibility rules. See 47 C.F.R. 27.1201(c)(1). Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, 19 FCC Rcd 14969 (2004) (``800 MHz Report and Order''). Id. Nextel 10-K at 15; Ninth Competition Report, 19 FCC Rcd at 20689 n.165. See Yahoo Finance, Quotes & Info, Nextel Communications, Inc. (NXTL) at http://finance.yahoo.com/q/mh?s=NXTL, (visited June 8,
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- COMMUNICATIONS SERVICES 1. The authority citation for Part 27 continues to read as follows: AUTHORITY: 47 U.S.C. 154 and 303, unless otherwise noted. Section 27.4 is amended by adding the following definition to read as follows: § 27.4 Terms and definitions. ***** Commercial EBS licensee. A licensee authorized to operate on EBS channels pursuant to the provisions of former §§ 27.1201(c) or 74.990 through 74.992 of this Chapter, and that does not meet the eligibility requirements of § 27.1201(a) of this part. ***** Section 27.5(i) is amended by revising paragraphs (1), (2)(ii), (2)(iii), and (3) to read as follows: § 27.5 Frequencies. ***** (i) *** (1) Pre-transition frequency assignments. BRS Channel 1: 2150-2156 MHz or 2496-2500 MHz BRS Channel 2: 2156-2162
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- Broadband Service (EBS) channels in Centerville, Ohio and Arden, West Virginia. In those applications, StratusWave seeks waiver of: (a) the filing freeze that was imposed by the Commission on new EBS applications in the Commission's April 2003, NPRM and MO&O that proposed new technical rules and a new band plan for EBS and Broadband Radio Service (BRS) spectrum; (b) Section 27.1201(c)(3) of the Commission's Rules to permit StratusWave to hold licenses for EBS channels without holding a license or lease rights for at least four channels to be used in conjunction with the facilities proposed in the application; and (c) Section 1.913(b) of the Commission's rules to permit manual filing of the applications. For the reasons stated below, we grant the
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- if the GSA of a BTA authorization holder is less than one-half of the area within the BTA for every BRS channel. While the rule text is different from what WCA proposed, we believe the adopted rule provides the relief that WCA seeks. EBS Eligibility Nonprofit Educational Organizations Background. HITN asks the Commission to make minor changes to conform Section 27.1201(a)(3) of the Commission's Rules to the changes made by the Commission in the BRS/EBS 3rd MO&O. Section 27.1201(a)(3) permits the following entities to be eligible for EBS licenses: accredited educational institutions; governmental organizations engaged in the formal education of enrolled students; and nonprofit organizations whose purposes are educational and include providing educational and instructional television material to such accredited educational
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-57A1.txt
- leasing arrangements. * * * * * (d) * * * (2) * * * (i) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license authorization, with the following exceptions. A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Educational Broadband Service (see § 27.1201 of this chapter) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee meets the other eligibility and qualification requirements applicable to 47 C.F.R. part 27 services (see § 27.12 of this chapter). A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Public Safety Radio
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-32A1.txt
- service would be treated as a non-common carrier service. LMDS Second Report and Order, 12 FCC Rcd at 12639-42 ¶¶ 213-17. Part 27 Report and Order, 12 FCC Rcd at 10848 ¶ 121. See 47 C.F.R. § 27.10(d); see also 47 C.F.R. § 27.66. ). See 47 C.F.R. § 27.66. 47 C.F.R. § 27.12 (except as provided in §§ 27.604, 27.1201, and 27.1202, any entity other than those precluded by § 310 of the Communications Act is eligible to hold a license under Part 27). 47 U.S.C. §§ 310(a), (b). See, e.g., Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Second Report and Order, 22 FCC Rcd 15289, 15381, 15383-84 ¶¶ 253, 256 (2007); Allocations