FCC Web Documents citing 27.1209

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

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  • Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, the Petitions for Reconsideration listed in the Appendix to this Public Notice ARE GRANTED, and the applications listed in the Appendix ARE REINSTATED. IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 309, and Sections 27.1207 and 27.1209 of the Commission's Rules, 47 C.F.R. �� 27.1207, 1209, that the licensing staff of the Broadband Division SHALL PROCESS the applications listed in the Appendix in accordance with this Public Notice and the Commission's Rules. This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the Commission's Rules, 47 C.F.R. ��0.131, 0.331. Action by the Deputy
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  • applications can not be filed electronically. Manually filed applications for these purposes will be accepted. See discussion of applications for New geographic licenses and Special Temporary Authority at 4, infra. ``MDS'' refers herein to both Multipoint Distribution Service (MDS) and Multichannel Multipoint Distribution Service (MMDS) licenses. BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14165. See 47 C.F.R. �� 27.1207(b), 27.1209(b). 47 C.F.R. Part 1, Subpart X. See discussion of modification and lease application filing at 4-5, infra. See 47 C.F.R. � 27.1206(a)(1). Auctioned geographic license call signs will normally have format BXXX where XXX is the number of the BTA authorized. For example the geographic license for BTA001 has the call sign of B001. See 47 C.F.R. � 27.5(i)(1). BRS/EBS
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  • notifying the Commission (e.g., adding, modifying, or deleting internal sites), no notification is required. For all other types of minor modifications (e.g., name, address, point of contact changes), licensees must notify the Commission by filing FCC Form 601 within thirty (30) days of implementing any such changes. See 47 C.F.R. � 1.947 (Modification of licenses). See 47 C.F.R. �� 27.1207(b), 27.1209(b). The attachment may consist of the supplemental data collection outlined in Section II, or if the supplemental information is not being filed, a simple statement that the application is filed in response to the instant Public Notice. See FCC Form 601 Item 55 citing 47 C.F.R. �� 27.50 (Power and antenna height limits), 27.55 (Signal strength limits), 27.1221 (Interference protection).
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  • faith. Id. Applicants must ensure the continuing accuracy and completeness of information furnished in a pending application. See 47 C.F.R. � 1.65. During the First Data Collection, licensees reported certain site and technical data by filing applications to modify their geographic-area licenses. These applications, which had to be filed by December 27, 2005, remain pending. See 47 C.F.R. �� 27.1207(b), 27.1209(b). Physical modifications made after June 23, 2006 to existing BAS facilities may also affect a licensee's eligibility for relocation. See 2006 Commission Order. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 h�X 1 K U y � � � � � � � � � �
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  • that if it made certain proposals in connection with transitioning other licensees to the new BRS/EBS band plan, such proposals would be deemed reasonable. Nothing in the safe harbors contained in Section 27.1232 of the Commission's Rules addresses the question of when a licensee must file a separate application with the Commission to make modifications to a BRS station. Section 27.1209(b) of the Commission's Rules addresses that issue and provides that licensees may modify their systems so long as the modified system complies with the applicable rules, unless international agreements require coordination, an Environmental Assessment is required, or a facility would affect a radio quiet zone. Radiofone does not allege that any of the exceptions to geographic area licensing applies in
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  • opt out of transitioning to the new band plan. USA Digital requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, USA Digital requests that grant of its requested waiver specifically state that: (1) USA Digital and its channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) USA Digital and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, USA Digital and its channel lessors will subsequently make such modifications to their facilities at the Proponent's expense
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  • opt out of transitioning to the new band plan. USA Digital requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, USA Digital requests that grant of its requested waiver specifically state that: (1) USA Digital and its channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) USA Digital and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, USA Digital and its channel lessors will subsequently make such modifications to their facilities at the Proponent's expense
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  • to the new band plan. Digital TV One requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Digital TV One requests that grant of its requested waiver specifically state that: (1) Digital TV One and its EBS channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Digital TV One and its EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, Digital TV One and its EBS channel lessors will subsequently make such modifications to their facilities
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  • itself and its licensees/lessors to ``opt-out'' of the transition of the 2500-2690 MHz band in Billings, Montana and seeks a waiver of Section 27.1230-27.1239 of the Commission's rules for itself and all of its licensees/lessors. In addition, USA Digital requests that the waiver state that: USA Digital and its channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); USA Digital and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, USA Digital and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense as
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  • to the new band plan. Choice requests a waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Choice requests that a grant of its requested waiver specifically state that: (1) Choice and its Shekinah Network (Shekinah) (Choice's EBS channel lessor) will have permanent authority to operate pursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(l). (2) Choice and Shekinah must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, the BRS licensee and its BRS/EBS channel lessors will subsequently make such modifications to their facilities at the proponent's expense as
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  • the new band plan. Evertek requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Evertek requests that a grant of its requested waiver specifically state that: (1) Evertek and its EBS channel lessors will have permanent authority to operate within the Spencer and Palmer GSAs pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Evertek and its EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, Evertek and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense (unless
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  • opt-out of transitioning to the new band plan. RCT requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, RCT requests that a grant of its requested waiver specifically state that: (1) RCT and its BRS and EBS channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) RCT and its BRS and EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, RCT and its channel lessors will subsequently make such modifications to their facilities at the proponent's
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  • the new band plan. CNI requests waiver of Sections 27.1230 et. seq. of the Commission's Rules until October 20, 2010, and also requests that the Commission issue certain clarifications. Specifically, CNI requests that a grant of its requested waiver specifically state that: (1) CNI and its channel lessors will have authority until October 20, 2010 to operate pursuant to Section 27.1209 on the pre-transition BRS/EBS band plan set forth in Section 27.5(i)(l). (2) CNI and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their Geographic Service Areas (GSAs). In conjunction with any such transition, CNI and its channel lessors will subsequently make such modifications to their facilities at the
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  • new band plan. DCTC et al. requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, DCTC et al. requests that grant of the requested waiver specifically state that: (1) DCTC and its channel lessors will have permanent authority to operate within the Brush Hill GSA pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(2)(ii) and (iii); (2) Licensees and DCTC's channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, the Licensees and DCTC's channel lessors will subsequently make such modifications to their facilities at the proponent's
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  • the new band plan. Evertek requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Evertek requests that a grant of its requested waiver specifically state that: (1) Evertek and its EBS channel lessors will have permanent authority to operate within the Spencer and Palmer GSAs pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Evertek and its EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, Evertek and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense (unless
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  • transitioning to the new band plan. NCC requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, NCC requests that grant of its requested waiver specifically state that: (1) NCC and its channel lessors will have permanent authority to operate within the Epping and Bowbells GSAs pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) NCC and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, NCC and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense (unless otherwise
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  • transitioning to the new band plan. Northern requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Northern requests that a grant of its requested waiver specifically state that: (1) Northern and its EBS channel lessors will have permanent authority to operate within the Bath GSA pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Northern and its EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, Northern and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense (unless
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  • opt-out of transitioning to the new band plan. RCT requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, RCT requests that a grant of its requested waiver specifically state that: (1) RCT and its BRS and EBS channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) RCT and its BRS and EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, RCT and its channel lessors will subsequently make such modifications to their facilities at the proponent's
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  • to the new band plan. Starcom requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Starcom requests that a grant of its requested waiver specifically state that: (1) Starcom and its EBS channel lessors will have permanent authority to operate within the Fairmont, Minnesota GSA pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Starcom and its EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, Starcom and its EBS and BRS channel lessors will subsequently make such modifications to their facilities at the
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  • band plan. United requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, United requests that a grant of its requested waiver specifically state that: (1) United and its BRS and EBS channel lessors will have permanent authority to operate within the Milton and Egeland GSAs pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) United and its BRS and EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, United and its channel lessors will subsequently make such modifications to their facilities at the proponent's
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  • its BRS licenses, as well as all five EBS channel groups leased to it, by the end of this six year period and to file a post-transition certification notice by no later than 30 days after the conclusion of this six-year period; (2) C&W and its channel lessors will have authority to operate during the waiver period pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1), as such may be modified in the future to accommodate the eventual displacement of C&W's operations on BRS Channel 1 from the 2150-2156 MHz band to new spectrum for the benefit of Advanced Wireless Service licensees at 2150-2155 MHz, if the AWS entrant initiates such a migration of C&W's
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  • it to opt-out of transitioning to the new band plan. CTC requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, CTC requests that a grant of its requested waiver specifically state that: (1) CTC and its EBS channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) CTC and its EBS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, CTC and its channel lessors will subsequently make such modifications to their facilities at the Proponent's expense as
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  • 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, et al.; WT Docket Nos. 03-66, et al., Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165 (2004) (BRS/EBS R&O & FNPRM). 47 C.F.R. �� 27.1206(a)(1), 27.1209(b). 47 C.F.R. � 27.1206(a)(1). BRS/EBS R&O & FNPRM, 19 FCC Rcd at 14288-14291 �� 333-343. See Wireless Telecommunications Bureau Site-By-Site Action, Report No. 2095, Public Notice (Mar. 16, 2005) at 9-10. Petition. Amendment 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
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  • its licensees/lessors to ``opt-out'' of the transition of the 2500-2690 MHz band and seeks a waiver of Section 27.1230-27.1239 of the Commission's rules for itself and all of its licensees/lessors. In addition, Digital TV One requests that the waiver state that: Digital TV one and its EBS and BRS channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); Digital TV One and its EBS and BRS channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, Digital TV One and its EBS and BRS channel lessors will subsequently make such modifications
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  • Ruling on the Use of Digital Modulation by Multipoint Distribution Service and Instructional Television Fixed Service Stations, Declaratory Ruling and Order, 11 FCC Rcd 18839, 18853-18854 �� 23-24 (1996) (Digital Declaratory Ruling). Id. at 3. Id. See Junior College District of Metropolitan Kansas City, Missouri, et al., 21 FCC Rcd 13770 (WTB 2006) (JR College District). 47 C.F.R. �� 27.1206(a)(1), 27.1209(b). 47 C.F.R. � 27.14(e). (...continued from previous page) (continued....) Federal Communications Commission DA 07-297 Federal Communications Commission DA 07-297 � ! M Q R T X � � " � � � � � � h� � � � F � ? P � � � � �
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  • the Regional Educational Media Center in Houghton, Michigan. See Waiver Request at 5. Interim Arrangement Concerning the Use of the Frequency Bands 2150 - 2162 MHz and 2500 - 2690 MHz by MCS and MDS Stations Near the Canada/United States of America Border (Dec. 5, 1997). A similar condition was placed on NMU's STA. See STA. See 47 C.F.R. � 27.1209(b)(1)(i). See 47 C.F.R. � 1.913(b). FCC Strategic Plan 2006-2011 at 5. In turn, this goal is based upon the statutory requirement that the Commission ``encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans.'' Telecommunications Act of 1996, P.L. 104-104, Section 706(a). See Second FNPRM, supra. Federal Communications Commission DA 08-1674 Federal Communications Commission
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  • waiver to allow it to opt-out of transitioning to the new band plan. Oklahoma Western requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Specifically, Oklahoma Western requests that grant of its requested waiver specifically state that: (1) Oklahoma Western will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Oklahoma Western shall participate in good faith in any transition planning process relating to any geographic area that overlaps its GSAs. In conjunction with any transition, Oklahoma Western will subsequently make such modifications to their facilities at the proponent's expense and as the proponent may reasonably request in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1090A1_Rcd.pdf
  • a request for waiver to allow it to opt-out of transitioning to the new band plan. Oklahoma Western requests waiver of Sections 27.1230 et. seq.of the Commission's Rules,8and also requests that the Commission issue certain clarifications. Specifically, Oklahoma Western requests that grant of its requested waiver specifically state that: (1) Oklahoma Western will have permanent authority to operate pursuant toSection 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(1); (2) Oklahoma Western shall participate in good faith in any transition planning process relating to any geographic area that overlaps its GSAs. In conjunction withany transition, Oklahoma Western will subsequently make such modifications to their facilities at the proponent's expense and as the proponent may reasonably request in an
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  • $23.45/month and has 330 MVPD customers. NCC asks to ``opt-out'' of the transition of the 2500-2690 MHz band in Bowbells, North Dakota and seeks a waiver of Section 27.1230-27.1239 of the Commission's Rules. In addition, NCC requests that the waiver state that: NCC and its channel lessors will have permanent authority to operate within the Bowbells GSA pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); NCC and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, NCC and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense (unless otherwise agreed)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2294A1_Rcd.pdf
  • for $23.45/month and has 330 MVPD customers.19 5.NCC asks to "opt-out" of the transition of the 2500-2690 MHz band in Bowbells, North Dakota and seeks a waiver of Section 27.1230-27.1239 of the Commission's Rules.20In addition, NCC requests that the waiver state that: NCC and its channel lessors will have permanent authority to operate within the Bowbells GSA pursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(1); NCC and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, NCC and its channel lessors will subsequently make suchmodifications to their facilities at the proponent's expense (unless otherwise agreed) as
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  • licenses, as well as all five EBS channel groups leased to it, by the end of this six year period and to file a post-transition certification notice by no later than 30 days after the conclusion of this six year period; During the limited waiver period, C&W and its EBS lessors will be permitted to continue operating pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1), as such may be modified in the future to accommodate the eventual displacement of C&W's operations on BRS channel 1 from the 2150-2156 MHz band to new spectrum for the benefit of Advanced Wireless Service licensees at 2150-2155 MHz, if the AWS entrant initiates such a migration of C&W's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-865A1_Rcd.pdf
  • BRS licenses, as well as all five EBS channel groups leased to it, by the end of this six year period and to file a post-transition certification notice by no later than 30 days after the conclusion of this six year period; During the limited waiver period, C&W and its EBS lessorswill be permitted to continue operating pursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(1), as such may be modified in the future to accommodate the eventual displacement of C&W's operations on BRS channel 1 from the 2150-2156 MHz band to new spectrum for the benefit of Advanced Wireless Service licensees at 2150-2155 MHz, if the AWS entrant initiates such a migration of C&W's
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  • EBS lessors to ``opt-out'' of the transition of the 2500-2690 MHz band in Goldthwaite, Lohn, and San Saba, Texas and seeks a waiver of Section 27.1230-27.1239 of the Commission's rules for itself and all of its lessors. In addition, CTC requests that the waiver state that: CTC and its channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); CTC and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, CTC and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense as the proponent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-866A1_Rcd.pdf
  • lessors to "opt-out" of the transition of the 2500- 2690 MHz band in Goldthwaite, Lohn, and San Saba, Texas and seeks a waiver of Section 27.1230- 27.1239 of the Commission's rules for itself and all of its lessors.17In addition, CTC requests that the waiver state that: CTC and its channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(1); CTC and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. Inconjunction with any transition, CTC and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense as the proponent may
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  • to the MBS and UBS, and would leave the LBS available for other services. DCTC does not anticipate being the transition proponent in its area, but it agrees to cooperate with the proponent. DCTC requests that the waiver state that: (1) DCTC and its channel lessors will have permanent authority to operate within the Brush Hill GSA pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(2)(ii) and (iii); (2) The Licensees and DCTC's channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, the Licensees and DCTC's channel lessors will subsequently make such modifications to their facilities at the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-867A1_Rcd.pdf
  • MBS.29DCTC would move its services to the MBS and UBS, and would leave the LBS available for other services.30DCTCdoes not anticipate being the transition proponent in its area, but it agrees to cooperate with the proponent.31DCTCrequests that the waiver state that: (1) DCTC and its channel lessors will have permanent authority to operate within the Brush Hill GSApursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(2)(ii) and (iii); (2) The Licensees and DCTC's channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, the Licensees and DCTC's channel lessors will subsequently make such modifications to their facilities at the
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  • broadband services. United asks to ``opt-out'' of the transition of the 2500-2690 MHz band in Milton and Egeland, North Dakota and seeks a waiver of Section 27.1230-27.1239 of the Commission's rules. In addition, United requests that the waiver state that: United and its channel lessors will have permanent authority to operate within the Milton and Egeland GSAs pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); United and its channel lessors must participate in good faith in any transition planning process relating to any geographic area that overlaps their GSAs. In conjunction with any transition, United and its channel lessors will subsequently make such modifications to their facilities at the proponent's expense (unless otherwise agreed)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-868A1_Rcd.pdf
  • broadband services.21 5. United asks to "opt-out" of the transition of the 2500-2690 MHz band in Milton and Egeland, North Dakota and seeks a waiver of Section 27.1230-27.1239 of the Commission's rules.22In addition, United requests that the waiver state that: United and its channel lessors will have permanent authority to operate within the Milton and Egeland GSAs pursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth inSection 27.5(i)(1); 12Id.at 14199-14200 � 77. 13Amendment 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, Third Memorandum Opinion and Order and Second Report and Order,WT Docket
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  • licenses have center points at least 60 miles away from Oklahoma Western's transmitter site. Oklahoma Western requests waiver of Sections 27.1230 et. seq. of the Commission's Rules, and also requests that the Commission issue certain clarifications. Originally, Oklahoma Western requested that grant of its requested waiver specifically state that: Oklahoma Western will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1); Oklahoma Western shall participate in good faith in any transition planning process relating to any geographic area that overlaps its GSAs. In conjunction with any transition, Oklahoma Western will subsequently make such modifications to their facilities at the proponent's expense and as the proponent may reasonably request in an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1000A1_Rcd.pdf
  • Request. 24Id.at 4. 25Id.at 4, 6-7. 26Id.at 7. 27Id. 7108 Federal Communications Commission DA 10-1000 8. Oklahoma Western requests waiver of Sections 27.1230 et. seq.of the Commission's Rules,28and also requests that the Commission issue certain clarifications. Originally, Oklahoma Western requested that grant of its requested waiver specifically state that: Oklahoma Western will have permanent authority to operate pursuant to Section 27.1209 on the "pre-transition" BRS/EBS band plan set forth in Section 27.5(i)(1); Oklahoma Western shall participate in good faith in any transition planning process relating to any geographic area that overlaps its GSAs. In conjunction with any transition, Oklahoma Western will subsequently make such modifications to their facilities at the proponent's expense and as the proponent may reasonably requestin an effort
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  • Section 27.1222 should be waived to the extent it requires guardbands in the 2568-2572 and 2614-2618 MHz bands and makes transmissions in those bands secondary to adjacent channel transmissions. Section 27.55(a)(4)(i) should be waived to the extent necessary to allow CCB and its EBS lessors to continue their current operations within the Santa Anna Geographic Service Areas. Pursuant to Section 27.1209 of the rules, CCB and the EBS licensees should be specifically authorized to operate on the pre-transition band plan set forth in Section 27.5(i)(1). CCB and the EBS licensees should be authorized to continue operating at their current EIRP power levels pursuant to Section 27.50(h)(i) and (ii) of the rules. All channels in CCB's system should be permitted to continue
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1284A1_Rcd.pdf
  • Section 27.1222 should be waived to the extent it requires guardbands in the 2568-2572 and 2614-2618 MHz bands and makes transmissions in those bands secondary to adjacent channel transmissions. Section 27.55(a)(4)(i) should be waived to the extent necessary to allow CCB and its EBS lessors to continue their current operations within the Santa Anna Geographic Service Areas. Pursuant to Section 27.1209 of the rules, CCB and the EBS licensees should be specifically authorized to operate on the pre-transition band plan set forth in Section 27.5(i)(1). National ITFS Association in October 2002. See generallyA Proposal for Revising the MDS and ITFS Regulatory Regime, RM-10586 (filed Oct. 7, 2002). As adopted, the BRS/EBS R&Oand FNPRMsignificantly altered that proposal. 5BRS/EBS R&O, 19 FCC Rcd
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  • because ``for BRS licenses, the coordinates do not have to match up to the antenna site.'' Discussion. We reject Petitioners argument that the actual location of Touch Tel's transmitter site for Station WNTA626 is inconsistent with the coordinates specified on Touch Tel's license. We agree with Touch Tel that BRS licenses are ``not site-based but market based.'' According to Section 27.1209(b) of the Commission's rules, as of January 10, 2005, the date of conversion from site-specific to market-based licenses for this service, ``[t]he blanket license covers all fixed stations anywhere within the authorized service area....'' Furthermore, consistent with Section 27.1206(a)(1) of the Commission's rules and Touch Tel's argument in its opposition, Touch Tel's license coordinates are ``merely used as a reference
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-595A1_Rcd.pdf
  • is irrelevant" because "for BRS licenses, the coordinates do not have to match up to the antenna site."21 7.Discussion. We reject Petitioners argument that the actual location of Touch Tel's transmitter site for Station WNTA626 is inconsistent with the coordinates specified on Touch Tel's license. We agreewith Touch Tel that BRS licenses are "not site-based but market based."22According to Section 27.1209(b) of the Commission's rules, as of January 10, 2005, the date of conversion from site- specific to market-based licenses for this service, "[t]he blanket license covers all fixed stations anywhere within the authorized service area...."23Furthermore, consistent with Section 27.1206(a)(1) of the Commission's rules and Touch Tel's argument in its opposition, Touch Tel's license coordinates are "merely used as a reference
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  • the Naval Radio Research Observatory at Sugar Grove, West Virginia. See 47 C.F.R. � 1.924(a)(1). See File No. 0004040579 (filed Nov. 20, 2009, amended Dec. 8, 2009) (Quiet Zone Application). Notwithstanding BRS and EBS's conversion to geographic area licensing, a BRS or EBS station must be individually licensed if the station would affect radio quiet zones. See 47 C.F.R. � 27.1209(b)(1)(iii). Letter from Paulette W. Woody, Interference Office, NRQZ Administrator, to Gateway Telecom LLC (Dec. 8, 2009), submitted as attachment to December 8 amendment to Quiet Zone Application. Petition to Deny filed by Utopian Wireless Corporation against Gateway Telecom LLC, dba StratusWave Communications, Application For Modification of Educational Broadband Service Station WQHJ859 (filed Dec. 28, 2009) (Petition to Deny Quiet Zone
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  • operational flexibility in each other's operations. * * * * * Part 27 is amended to add a new Subpart M to read as follows: Subpart M-Broadband Radio Service and Educational Broadband Service 27.1200 Change to BRS and EBS. 27.1201 EBS Eligibility. 27.1202 Cable/BRS Cross-ownership. 27.1203 EBS Programming Requirements. 27.1206 Geographic Service Area. 27.1207 BTA License Authorization. 27.1208 Service Areas. 27.1209 Conversion of Incumbent EBS and BRS Stations to Geographic Area Licensing. 27.1210 Remote Control Operation. 27.1211 Unattended Operation. 27.1212 License Term. 27.1213 Designated entity provisions for BRS in Commission auctions commencing prior to January 1, 2004. 27.1214 EBS spectrum leasing arrangements and grandfathered leases. Technical Standards 27.1220 Transmission standards. 27.1221 Interference Protection. 27.1222 Operations in the 2568-2572 and 2614-2618 bands.
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  • MSS Second R&O, 15 FCC Rcd at 12361-62, � 134; MSS Third R&O, 18 FCC Rcd at 23675-76, �� 79-80; 18 GHz Relocation Proceeding, 15 FCC Rcd at 13466, � 75. In this case, the incumbent would not be entitled to the increased costs to relocate the facility that may result from the transfer or assignment. See 47 C.F.R. � 27.1209(c); BRS R&O at 14189-90, � 54. Reversion upon cancellation or forfeiture of an existing license to the licensee that holds the corresponding BTA license is consistent with the approach the Commission has taken in other wireless services. See, e.g., Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz bands, ET Docket No. 95-183, Report and Order and
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  • video subscribers live in remote areas in which over the air reception of television is not feasible. In addition to a waiver of Sections 27.1230 et. seq. of the Commission's Rules, WATCH TV specifically requests that grant of its requested waiver state that: (1) WATCH TV and its EBS channel lessors will have permanent authority to operate pursuant to Section 27.1209 on the ``pre-transition'' BRS/EBS band plan set forth in Section 27.5(i)(1), as such may be modified in the future to accommodate the eventual displacement of WATCH TV's operations on BRS channels 1 and 2 from the 2150-2162 MHz band to new spectrum for the benefit of Advanced Wireless Service licensees at 2150-2155 MHz; (2) WATCH TV and its EBS channel
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  • between the opt-out market and the market to its east would differ depending upon the channel group. In the example above, HITN notes, an untransitioned high-power high-site A3 channel in the opt-out market would ultimately find itself co-channel with a post-transition B2 channel in the market to its east. HITN PFR at 14. HITN PFR at 14. 47 C.F.R. � 27.1209(b). HITN PFR at 14. BRS Rural Advocacy Group Opposition at 9. BRS/EBS R&O, 19 FCC Rcd at 14213 �123. BRS/EBS R&O, 19 FCC Rcd at 14213 �123. BRS/EBS R&O, 19 FCC Rcd at 14213 �123. WCA PFR at 2. WCA PFR at 2. WCA PFR at 2-3. WCA PFR at 2-3. Ex Parte Letter from Paul Sinderbrand, Counsel for WCA,
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  • C.F.R. � 101.141(a)(3). See Clearwire Comments at 2 (99.995% availability); Verizon Comments at 3 (99.999% or higher availability); HSX Comments at 2 (99.99-99.999% availability) See Section V B., infra. 47 C.F.R. � 101.217. 47 C.F.R. � 1.925(b)(3). 47 C.F.R. � 1.907. 47 C.F.R. � 1.903(a). 47 C.F.R. � 101.21. See also 47 C.F.R. � 1.923. See, e.g., 47 C.F.R. � 27.1209(b). (last visited May 25, 2010). WSI Petition at 8. Wireless Telecommunications Bureau Seeks Comment on Request for Declaratory Ruling by Wireless Strategies, Inc. Regarding Coordination of Microwave Links under Part 101 of the Commission's Rules, Public Notice, 22 FCC Rcd 11133 (2007). A list of commenters is attached as Appendix D. WSI Petition at 5-7. Id. at 7. See, e.g.,