FCC Web Documents citing 27.1221
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- 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). See also 47 C.F.R. 27.55(a)(4). 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 - 0 1 2 ` d 'd k t F F F F F F @ PNG r v
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- Authorization or Transfer of Control application: Information concerning the use of facilities to provide multichannel video programming and applicants' interest in an overlapping cable television system (see Section 27.1202) A certification that the applicant will comply with the programming requirements contained in Section 27.1203 of the Commission's Rules A certification that the applicant will comply with Sections 27.50, 27.55, and 27.1221 of the Commission's Rules Most Assignment of Authorization and Transfer of Control filings that are currently pending are now available via ULS. The remainder of these filings are in the process of being entered into ULS. As of January 10, 2005, hard copy Assignment of Authorization and Transfer of Control filings in these radio services stopped being forwarded to the
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- 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to USA Digital and its EBS and BRS channel lessors; and (7) USA Digital and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before January 2, 2007. Parties interested in submitting reply comments must do so on or before January 12, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to USA Digital and its EBS and BRS channel lessors; and (7) USA Digital and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. On December 15, 2006, the Broadband Division of the Wireless Telecommunications Bureau issued a public notice seeking comment on USA Digital's proposal. Comments were due January 2, 2007, and replies were due January 12, 2007. On December 18, 2006, Clearwire Corporation, on behalf of itself and its wholly owned subsidiary, Fixed Wireless Holdings, LLC (collectively, Clearwire) filed a motion to
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- 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Digital TV One and its EBS and BRS channel lessors; and (7) Digital TV One and its EBS and BRS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before May 17, 2006. Parties interested in submitting reply comments must do so on or before May 30, 2006. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- licenses as of January 10, 2005; Section 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to USA Digital and its channel lessors; and USA Digital and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Sprint Nextel, Clearwire, MSU, and HITN filed comments opposing USA Digital's waiver request. They argue that USA Digital does not meet the Commission's waiver standard and has not presented technical evidence to show that its continued operation under the old band plan and technical rules will not cause harmful interference to other 2.5 GHz licensees. Sprint Nextel and MSU express
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- licenses as of January 10, 2005. (6) Sections 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to the BRS licensee and its BRS/EBS channel lessors. (7) Choice and Shekinah shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- 10, 2005; (5) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Evertek and its EBS and BRS channel lessors; and (6) Evertek and its EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to RCT and its BRS and EBS channel lessors; and (7) RCT and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- their underlying licenses as of January 10, 2005. (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to CNI and its channel lessors). (7) CNI and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- channels in the UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to DCTC and its channel lessors operating on the ``post transition'' BRS/EBS band plan set forth in Sections 27.5(i)(2)(ii) and (iii); and (7) DCTC and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. (8) Upon replacement of their existing point-to-point EBS facilities, the licensees of two of the EBS point-to-point stations will, consistent with the spectrum plan depicted in Appendix C, swap or assign (subject to Commission approval) the licenses so that they are licensed on channels A4 and B4 as designated by the ``post-transition'' BRS/EBS band plan set forth in Section 27.5(i)(2)(ii);
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- 10, 2005; (5) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Evertek and its EBS and BRS channel lessors; and (6) Evertek and its EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- licenses as of January 10, 2005; (5) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to NCC and its channel lessors; and (6) NCC and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- of January 10, 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Northern and its EBS channel lessors; and (7) Northern and its EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to RCT and its BRS and EBS channel lessors; and (7) RCT and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- 10, 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Starcom and its EBS and BRS channel lessors; and (7) Starcom and its EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to United and its EBS and BRS channel lessors; and (7) United and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- licenses as of January 10, 2005; (7) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to C&W and its channel lessors; and (8) C&W and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- of January 10, 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to CTC and its EBS channel lessors; and (7) CTC and its EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 25, 2007. Parties interested in submitting reply comments must do so on or before July 10, 2007. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to Digital TV One and its EBS and BRS channel lessors; and Digital TV One and its EBS and BRS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Mendez and HITN argue that permitting Digital TV One to opt-out of the transition will prohibit all other BRS and EBS licensees in Puerto Rico from transitioning. Mendez further argues that the opt-out option was originally presented in the BRS/EBS proceeding as a possible escape valve for systems that, by virtue of their rural and isolated nature, would have little
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- remain ``subordinate'' to neighboring EBS stations. In this case, however, FAU's neighbors support its Waiver Request so long as their GSAs are not reduced. Furthermore, the licensees have agreed ``that the normal FCC rules affecting neighboring co-channel and adjacent-channel stations shall henceforth govern the operation of these neighboring GSA facilities including, as applicable, those contained in Sections 27.53, 27.55, and 27.1221.'' Under those circumstances, we conclude that granting FAU a waiver to allow Stations WHR877, WHR894, and WHR895 to have GSAs would be consistent with the policy underlying the Two-Way Second Reconsideration Order, so long as those GSAs exclude any area that would overlap with existing GSAs of neighboring co-channel licensees. We also conclude that a waiver would be in the
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- the strength authorized in their underlying licenses as of January 10, 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Oklahoma Western; and (7) Oklahoma Western shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 2, 2009. Parties interested in submitting reply comments must do so on or before June 12, 2009. All comments should reference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445
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- the strength authorized in their underlying licenses as of January 10, 2005; (6) Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Oklahoma Western; and (7) Oklahoma Western shall not be subject to the height benchmarking obligations set forth in Section 27.1221. Interested parties may file comments on the waiver request on or before June 2, 2009. Parties interested in submitting reply comments must do so on or before June 12, 2009. All comments shouldreference the subject waiver request including the DA number of this Public Notice, and should be filed with the Office of the Secretary, Federal Communications Commission, 445 12thStreet
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- must cover all of the material to which the request applies. See 47 C.F.R. 0.459(a). See Section VI. ``Contact Information,'' below. See Section II.J. ``Maintaining Current Information in Short-Form Applications,'' below. 47 C.F.R. 1.2107(d). See http://wireless.fcc.gov/auctions/anticollusion See 47 C.F.R. 27.1206(a)(1). See 47 C.F.R. 27.1206(a)(2). See 47 C.F.R. 27.1206(b). See 47 C.F.R. 27.50(h), 27.53(m), 27.55(a)(4), 27.1221. See 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 in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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- technical rules.70 for Public Inspection." Any such request must cover all of the material to which the request applies. See 47 C.F.R. 0.459(a). 61SeeSection VI. "Contact Information," below. 62SeeSection II.J. "Maintaining Current Information in Short-FormApplications," below. 6347 C.F.R. 1.2107(d). 64Seehttp://wireless.fcc.gov/auctions/anticollusion 65See47 C.F.R. 27.1206(a)(1). 66See47 C.F.R. 27.1206(a)(2). 67See47 C.F.R. 27.1206(b). 68See47 C.F.R. 27.50(h), 27.53(m), 27.55(a)(4), 27.1221. 69SeeAmendment 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; Part 1 of the Commission's Rules -Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the Instructional Television
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- 10, 2005; Section 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to NCC and its EBS and BRS channel lessors; and NCC and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. On June 22, 2007, several NCC subscribers filed letters supporting the Waiver Request. On June 25, 2007, Clearwire Corporation (Clearwire), Sprint Nextel Corporation (Sprint Nextel), Xanadoo, LLC (Xanadoo), and NextWave Wireless, Inc. (NextWave) filed comments addressed to the eleven opt-out waiver requests on which the Bureau had sought comment. Also on June 25, 2007, the National Telecommunications Cooperative Association (NTCA)
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- 10, 2005; Section 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to NCC and its EBS and BRS channel lessors; and NCC and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221.22 6.On June 22, 2007, several NCC subscribers filed letters supporting the Waiver Request.23 On June 25, 2007, Clearwire Corporation (Clearwire), Sprint Nextel Corporation (Sprint Nextel), Xanadoo, LLC (Xanadoo), and NextWave Wireless, Inc. (NextWave) filed comments24addressed to the eleven opt-outwaiver requests on which the Bureau had sought comment.25Also on June 25, 2007, the 21In fact, because NCC is operating an analog
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- reference point at Linares, N.L., Mexico on the southwest. See 47 C.F.R. 27.1208. See also, BRS/EBS 4th MO&O & 2nd FNPRM, WT Docket No. 03-66, 23 FCC Rcd 5992, 6040 127. See 47 C.F.R. 27.5(i)(2). See 47 C.F.R. 27.1206(a)(1). See 47 C.F.R. 27.1206(a)(2). See 47 C.F.R. 27.1206(b). See 47 C.F.R. 27.50(h), 27.53(m), 27.55(a)(4), 27.1221. See 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 in the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission's Rules - Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the
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- on a co-primary basis with the Code Division Multiple Access ("CDMA") Mobile Satellite Service ("MSS"),14 grandfathered Broadcast Auxiliary Service ("BAS") stations,15and grandfathered land mobile and microwave licenses licensed under Parts 90 and 101 of the Commission's rules, respectively.16In 6See47 C.F.R. 27.5(i)(2). 7See47 C.F.R. 27.1206(a)(1). 8See47 C.F.R. 27.1206(a)(2). 9See47 C.F.R. 27.1206(b). 10See47 C.F.R. 27.50(h), 27.53(m), 27.55(a)(4), 27.1221. 11SeeAmendment 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; Part 1 of the Commission's Rules -Further Competitive Bidding Procedures; Amendment of Parts 21 and 74 to Enable Multipoint Distribution Service and the Instructional Television
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- make investments in its system. We note that USA Digital has already made significant investments to expand its service offerings to the citizens of Billings, Montana. Finally, we reject Clearwire's argument that the Bureau did not justify the waiver of the technical rules afforded USA Digital. USA Digital requested a waiver of Sections 27.50(h)(l)(i) and (ii), 27.53(l)(3), 27.53(l)(5), 27.55(a)(4)(i), and 27.1221, and supported this request with an engineering analysis that addressed the interference concerns of USA Digital's neighbors. In the face of such a showing, we find that the Bureau properly waived these rules, and explained its rationale for doing so. CONCLUSION AND ORDERING CLAUSES For the reasons discussed above, we conclude that Libmot's Petition does not comply with Section 1.106(b)(1)
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- to make investments in its system.46We note that USA Digital has already made significant investments to expand its service offerings to the citizens ofBillings, Montana.47 13. Finally, we reject Clearwire's argument that the Bureau did not justify the waiver of the technical rules afforded USA Digital. USA Digital requested a waiver of Sections 27.50(h)(l)(i) and (ii), 27.53(l)(3), 27.53(l)(5), 27.55(a)(4)(i), and 27.1221,48and supported this request with an engineering 37Reply to Opposition to Petition for Reconsideration (filed Jul. 19, 2007) at 2-3. 38MO&O, 22 FCC Rcd at 9351-9352 6-7;BRS/EBS R&O, 19 FCC Rcd at 14198-14199 75-77. 39BRS/EBS R&O, 19 FCC Rcd at 14199 77. 40Id. 41Id. 42SeeClearwire Petition at 9; Clearwire Reply at 7. 43BRS/EBS R&O, 19 FCC Rcd at
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- Section 27.55(a)(4)(i); During the limited waiver period, Sections 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to C&W and its EBS lessors; and C&W and its EBS lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. C&W argues that it is eligible to apply for an opt-out waiver, as C&W both meets the definition of a multichannel video programming distributor (MVPD) and claims that it serves approximately nine percent of the households within its GSA, thereby meeting the standard of five or more percent of the households in the GSA. Transition initiation plans have been filed
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- DA 09-865 During the limited waiver period, Sections 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to C&W and its EBS lessors; and C&W and its EBS lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221.19 C&W argues that it is eligible to apply for an opt-out waiver, as C&W both meets the definition of a multichannel video programming distributor (MVPD) and claims that it serves approximately nine percent of the households within its GSA, thereby meeting the standard of five or more percent of the households in the GSA.20 6.Transition initiation plans have been filed
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- their underlying licenses as of January 10, 2005; Sections 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to CTC and its channel lessors; and CTC and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. CTC argues that it meets the FCC's waiver standard, as CTC both meets the definition of a multichannel video programming distributor (MVPD) and serves more than eleven percent of the households within its GSA, thereby meeting the standard of five or more percent of the households in the GSA. CTC states that it has a viable business plan to deliver
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- 6. 16Id. at 6-7. 17Id. at 1. 18In fact, because CTC is operating an analog video system, the applicable rule is 47 C.F.R. 27.53(l)(1), which sets forth the pre-transition out-of-band emission limits for analog video systems. 4717 Federal Communications Commission DA 09-866 CTC and its channel lessors shall not be subject to the height benchmarkingobligations set forth in Section 27.1221.19 6. CTC argues that it meets the FCC's waiver standard, as CTC both meets the definition of a multichannel video programming distributor (MVPD) and serves more than eleven percent of the households within its GSA, thereby meeting the standard of five or more percent of the households in the GSA.20CTC states that it has a viable business plan to deliver
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- channels in the UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to DCTC and its channel lessors operating on the ``post transition'' BRS/EBS band plan set forth in Sections 27.5(i)(2)(ii) and (iii); and (7) DCTC and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. DCTC contends that their acceptance of these conditions confirms that they will participate in good faith in any transition planning process and will make reasonable modifications to their facilities ``to reduce interference and rationalize spectrum use, so long as those modifications do not result in more than a de minimis reduction in DCTC's ability to serve is then-existing subscribers.'' DCTC
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- channels in the UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to DCTC and its channel lessors operating on the "post transition" BRS/EBS band plan set forth in Sections 27.5(i)(2)(ii) and (iii); and (7) DCTC and its channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221.33 DCTC contends that their acceptance of these conditions confirms that they will participate in good faith in anytransition planning process and will make reasonable modifications to their facilities "to reduce interference and rationalize spectrum use, so longas those modifications do not result in more than a de minimisreduction in DCTC's ability to serve is then-existing subscribers."34 8.DCTC also proposes the
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- 10, 2005; Section 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to United and its EBS and BRS channel lessors; and United and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221. On June 25, 2007, Clearwire Corporation (Clearwire), Sprint Nextel Corporation (Sprint Nextel), Xanadoo, LLC (Xanadoo), and NextWave Wireless, Inc. (NextWave) filed comments addressed to the eleven opt-out waiver requests on which the Bureau had sought comment. Also on June 25, 2007, the National Telecommunications Cooperative Association (NTCA) filed comments in support of United's waiver request. On July 10, 2007, the
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- 10, 2005; Section 27.1220 (regarding the 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guardbands around the MBS) shall not be applicable to United and its EBS and BRS channel lessors; and United and its BRS and EBS channel lessors shall not be subject to the height benchmarking obligations set forth in Section 27.1221.24 6. On June 25, 2007, Clearwire Corporation (Clearwire), Sprint Nextel Corporation (Sprint Nextel), Xanadoo, LLC (Xanadoo), and NextWave Wireless, Inc. (NextWave) filed comments25addressed to the eleven opt-out waiver requests on which the Bureau had sought comment.26Also on June 25, 2007, 23In fact, because United is operating an analog video system, the applicable rule is 47 C.F.R. 27.53(l)(1), which sets
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- dBu or the strength authorized in their underlying licenses as of January 10, 2005; Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicable to Oklahoma Western; and Oklahoma Western shall not be subject to the height benchmarking obligations set forth in Section 27.1221. On May 19, 2009, the Broadband Division/WTB released a Public Notice seeking comment on the Waiver Request. On June 2, 2009, Clearwire Corporation (Clearwire) filed an opposition to and comments on the Waiver Request. A subsidiary of Clearwire holds the BRS Basic Trading Area (BTA) license for the Paris, Texas BTA, within which Oklahoma Western's GSA is located. Clearwire makes
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- 47 dBu or the strength authorized in their underlying licenses as of January 10, 2005; Sections 27.1220 (regarding 5.5 MHz wide channels in the LBS and UBS) and 27.1222 (regarding the establishment of guard bands around the MBS) shall not be applicableto Oklahoma Western; and Oklahoma Western shall not be subject to the height benchmarking obligations set forth in Section 27.1221.30 2847 C.F.R. 27.1230 et. seq. 29In fact, the pertinent rule for emission limits for BRS stations is 47 C.F.R. 27.53(m). 30Waiver Request at 8. See alsoSupplement to Petition for Waiver to Opt-Out of the BRS/EBS Transition Process (filed May 19, 2008). 7109 Federal Communications Commission DA 10-1000 9. On May 19, 2009, the Broadband Division/WTB released a Public
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- rules should be waived to the extent it requires CCB and its EBS licensees to transition from the frequencies specified in Section 27.5(i)(1) to the frequencies specified in Section 27.5(i)(2). Section 27.1220 of the rules should be waived to the extent it limits EBS channels to a bandwidth of 5.5 MHz. The height benchmarking obligations and related requirements of Section 27.1221 should be waived (since CCB and CTC have transmitters located within each other's 35-mile GSA, the required height benchmarking is not technically feasible). 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
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- the rules should be waived to the extent it requiresCCB and its EBS licensees to transition from the frequencies specified in Section 27.5(i)(1) to the frequencies specified in Section 27.5(i)(2). Section 27.1220 of the rules should be waived to the extent it limits EBS channels to a bandwidth of 5.5 MHz. The height benchmarking obligations and related requirements of Section 27.1221 should be waived (since CCB and CTC have transmitters located within each other's 35-mile GSA, the required height benchmarking is not technically feasible). 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
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- Service Technical Rules ) ) ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER Adopted: January 7, 2010 Released: January 8, 2010 By the Chief, Broadband Division, Wireless Telecommunications Bureau: introduction The Broadband Division (Division) of the Wireless Telecommunications Bureau (WTB or Bureau) has before it a request by RC Technologies Corporation (RCT), seeking a waiver of Sections 27.53(m), 27.1221, and 27.1222 of the Commission's Rules for itself and all of its Educational Broadband Service (EBS) licensees/lessors in the Geographic Service Areas (GSAs) of Sisseton, and Kranzburg, South Dakota. For the reasons stated below, we grant RCT's 2009 Waiver Request, subject to conditions designed to minimize harm to neighboring licensees and to ensure that the relevant stations are transitioned to
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- Radio Service and Educational Broadband Service Technical Rules )))))))) MEMORANDUM OPINION AND ORDER Adopted: January 7, 2010 Released: January 8, 2010 By the Chief, Broadband Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. The Broadband Division (Division) of the Wireless Telecommunications Bureau (WTB or Bureau) has before it a request by RC Technologies Corporation (RCT), seeking a waiver of Sections 27.53(m), 27.1221, and 27.1222 of the Commission's Rules1for itself and all of its Educational Broadband Service (EBS) licensees/lessors in the Geographic Service Areas (GSAs) of Sisseton,2and Kranzburg, South Dakota.3For the reasons stated below, we grant RCT's 2009 Waiver Request, subject to conditions designed to minimize harm to neighboring licensees and to ensure that the relevant stations are transitioned to the new band
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- Cable Cross-Ownership Item 53a and 53b These items enable the FCC to determine whether an Applicant has complied with 47 CFR 27.1202. Broadband Radio Service and Educational Broadband Service Item 54 (for EBS only) and Item 55 (for BRS and EBS) These items enable the FCC to determine whether the Licensee has complied with 47 C.F.R. 27.50, 27.55, 27.1203 and 27.1221. General Certification Statements By signing this form, the Applicant certifies that the statements listed in this section are true, complete, correct, and made in good faith. Signature Items_56-58 These items must be completed. To be acceptable for filing, applications and amendments must be signed in accordance with Part 1 of the FCC rules. The signor must be a person authorized
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- 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. Policies Governing the Transition of the 2500-2690 MHz Band for BRS and EBS. 27.1230 Conversion of the 2500-2690 MHz band. 27.1231 Initiating the transition. 27.1232 Planning the Transition. 27.1233 Reimbursement costs of transitioning. 27.1234 Terminating existing operations in transitioned markets. 27.1235 Post-transition notification. 27.1200 Change to BRS and EBS.
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- digital video operations before the transition, we will add a new provision to our rules that provides for the grandfathering of existing digital video operations until the transition has occurred. We are also revising Section 27.53 of our new rules to provide for continued post-transition application of the existing digital video mask for MBS operations. Antenna Height Safe Harbors. Section 27.1221 of our new rules affords interference protection to BRS on a station by station basis based in part on the actual antenna height above average terrain (HAAT). The HAAT is calculated by averaging the eight radial average terrain elevations along the cardinal radials. We adopted the HAAT approach, in part, as one step in our continuing effort to establish regulatory
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- Documented Interference Complaint Requirement 191 (ii) Who can file a complaint 194 (iii) Deadline for interference complaints 196 (iv) User stations 198 d. 2495-2496 MHz Guard Band 202 e. Geographic Service Areas 205 f. Modifications to Geographic Area Licensing 209 g. Unlicensed Operations 215 h. Minimum Performance Requirements for EBS receive sites 219 i. Miscellaneous Corrections to Sections 27.5 and 27.1221 221 3. Minimum usage requirements 223 4. Cable/ILEC Cross Ownership 229 5. Mutually exclusive applications 233 6. Leasing Issues 240 a. License Purchase Rights 244 b. Filing of Excess Capacity Leases 249 c. Limitation on Length of EBS Leases 254 d. Other Leasing Issues 271 C. BRS/EBS Second Report and Order 274 1. Performance Requirements 274 a. Use of Substantial
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- to StratusWave (such notification including the location, power, and antenna information of the EBS licensee's proposed base stations, the proposed area of operation of any user stations, and such other information as StratusWave may need to determine any changes StratusWave must make to its operations), StratusWave shall reduce or terminate service as necessary to comply with Sections 27.53(l), 27.55(a)(4), and 27.1221 of the Commission's Rules with respect to the operations identified by the EBS licensee. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Application, File No. 0002362083 (filed Oct. 25, 2005) (Centerville Application). Application, File No. 0002362089 (filed Oct. 25, 2005) (Arden Application). The substance of each of StratusWave's requests for waiver is the same. The requests for waiver accompanying each of
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- 3; PISC Opposition to AT&T's Petition to Deny at 3; George Mason University Instructional Foundation Reply Comments at 2. See Sprint Nextel-Clearwire Joint Opposition at 24; Intel Opposition at 4; Motorola Reply Comments at 1-2. See Sprint Nextel-Clearwire Joint Opposition at 29-30; Intel Opposition at 3-4. See Id. at 30. In particular, Sprint Nextel and Clearwire cite 47 C.F.R. 27.1221, the ``height benchmarking'' rule. See Sprint Nextel-Clearwire Applications, Public Interest Statement at 29-30. See Sprint Nextel-Clearwire Joint Opposition at 22-23. See Id. at 39. See Sprint Nextel-Clearwire Applications, Public Interest Statement at 57-58. See AT&T Petition to Deny at 4. See Id. at 1-2. See Id. at 2. See Id. at 5. See Id. at 6, citing AT&T Dobson Order,
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- the opt-out waiver requests that will be filed. We conclude that action by the Commission to resolve a situation that affects few operators is inappropriate and unwarranted when the Commission has established a process to individually review opt-out waiver requests. Technical Issues Antenna height benchmarking Background. In the BRS/EBS 2nd R&O, the Commission adopted antenna height benchmarking criteria in Section 27.1221, based on the concept proposed by WCA, the Catholic Television Network (CTN), and the National ITFS Association (NIA). The rule affords licensees the flexibility to deploy Time Division Duplex (TDD) and Frequency Division Duplex (FDD) technologies in the 2.5 GHz band that present a risk of interference that is not present in other bands where only FDD is permitted upstream
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- must be protected If transition has not been completed in a BTA when a license is issued, winner may be liable for costs of transitioning EBS licensees to new band plan WT Docket No. 06-136 transition status Technical Rules MBS has different rules from LBS/UBS Power limits 27.50(h) Emission limits 27.53(m) Signal strength limits at border 27.55(a)(4) Height Benchmarking 27.1221 Licensing Rules Part 27 Eligibility License term and renewal expectancy Build-out requirements Partitioning and Disaggregation Part 27 Part 27, specifically, subparts A, B, C, and M rules apply to the band The BRS band is a flexible licensing band rules allow any fixed and mobile communications consistent with technical rules Eligibility Open eligibility, except: Cable/cross ownership restrictions apply to proposed
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- in this auction, and the previously-awarded licenses may have since been assigned or partitioned. Such BRS geographic area licenses authorize operation within a BTA and provide the licensee with rights similar to those being offered in Auction 86. Incumbent and geographic area BRS licenses are entitled to interference protection in accordance with the applicable technical rules. See [64]47 C.F.R. 27.50-27.66, 27.1221. Additionally, on the E and F channel groups, grandfathered Educational Broadband Service (EBS) licenses originally issued on those channels prior to 1983 may continue to operate indefinitely. Such grandfathered EBS licenses must be protected in accordance with the applicable technical rules. See [65]47 C.F.R. 27.1215. Operations within the 2614-2618 MHz band are secondary to adjacent channel operations. See [66]47 C.F.R.
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- If the answer to item 54 is `N', attach an exhibit explaining how the Applicant complies with Section 27.1203 of the Commission's Rules or justifying a waiver of that rule. If a waiver of the Commission Rule(s) is being requested, Item 11a must be answered `Y'. 55) (For BRS and EBS) Does the Applicant comply with Sections 27.50, 27.55, and 27.1221 of the Commission's Rules? ( )Yes No Note: If the answer to item 55 is `N', attach an exhibit justifying a waiver of that rule(s). If a waiver of the Commission Rule(s) is being requested, Item 11a must be answered `Y'. FCC 601 Main Form October 2010 Page 4 General Certification Statements 1) The Applicant waives any claim