FCC Web Documents citing 27.14

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

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  • MHz and 793-805 MHz are available for assignment to the public safety services, as described in Part 90 of this chapter. Section 27.6(b)(3) of the Commission's Rules is revised to read as follows: ``(3) Service area for Block D in the 758-763 MHz and 788-793 MHz bands is a nationwide area as defined in paragraph (a) of this section.'' Sections 27.14(a) and (e) of the Commission's Rules are revised to read as follows: AWS and WCS licensees, with the exception of WCS licensees holding authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757
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  • to acquire more spectrum than they need for their operations. We also seek comment on whether we should make any changes to our bidding rules to promote bidder flexibility. 5. License Term; Renewal Expectancy Section 27.13 of the Commission's Rules provides for authorizations for license terms not to exceed 10 years from the date of original issuance or renewal. Section 27.14 of the Commission's Rules establishes a right to a renewal expectancy. We seek comment on whether to apply these license term and renewal expectancy provisions in the case of licensees in the 4.9 GHz band. We seek comment on whether a 10-year license term, combined with a renewal expectancy, will help to provide a stable regulatory environment that will be
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  • broadcast services, which are limited to an eight-year license term. The statute also specifies renewal criteria for broadcast stations. Part 27 of the Commission's rules provides for license term limits and renewal expectancy for other than new broadcast-type services. Section 27.13(a) limits license terms for certain licensees to 10 years from the date of original issuance or renewal, and Section 27.14(b) establishes a right to a renewal expectancy. In the Upper 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We decided that initial licenses
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  • years for licenses in the broadcast services. See 47 U.S.C. � 307(c)(1); see also 47 C.F.R. � 73.1020(a). The Table of Allocations does not permit broadcast use of the 1710-1755 MHz or 2110-2155 MHz bands. See supra n.4. E.g., 47 C.F.R. �� 24.15, 27.13(a). See 47 U.S.C. � 151 et seq.; 47 C.F.R. � 22.940(a)(1)(i) (cellular), � 24.16(a) (PCS), � 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. �� 22.940(a)(1)(i), 24.16(a), 27.14(a). See AWS Allocation Order, �� 22-25. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report and Order, 10 FCC Rcd 9589, 9614 � 46
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  • interest by meeting another statutory goal of performance requirements to ensure prompt delivery of service to rural areas. .... Furthermore...the fact that Monet intends to provide broadband services, and not traditional voice services, to these sparsely-populated areas furthers the Commission's goal of bringing advanced services to rural areas.''). See, e.g., 47 C.F.R. � 22.940(a)(1)(i) (Cellular Radiotelephone Service); 47 C.F.R. � 27.14(a) (Wireless Communications Services); and 47 C.F.R. � 101.1413(b) (Multichannel Video Distribution and Data Service). See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18622-26, �� 39-50 (1997). See, e.g., Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications
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  • geographic areas or population (e.g., point-to-point fixed service), but nonetheless provides a benefit to consumers, also may meet the standard. See, e.g., Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, 12 FCC Rcd 10943 � 158 (1998). See, e.g., 47 C.F.R. �� 22.503(k)(3), 27.14; 90.685(b), 95.831, 101.527(a), 101.1011(a). Our proposal includes only those types of geographic licenses where our rules require that only a portion of the area be constructed. A substantial service option is one way to provide these licensees flexibility in determining which areas within their geographic license to build based on demand, market conditions, and their business plans. We do not
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  • with our statutory mandate to promote the development and rapid deployment of new technologies, products, and services; economic opportunity and competition; and the efficient and intensive use of the electromagnetic spectrum. We seek comment on this tentative conclusion and these views. License Term; Renewal Expectancy We propose a 10-year license term and to apply the renewal expectancy provisions of section 27.14 to licensees in these bands. The Communications Act imposes no specific term limit on licenses that will be issued by the Commission for this spectrum. Generally, however, the Commission's rules provide for a 10-year license term for wireless licenses. We propose that in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands, the license term be 10 years,
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  • adopting EAGs for two of the three paired blocks, the Commission acknowledged that one of its main goals was ``making it possible to aggregate 24 megahertz of paired spectrum within the same EAG,'' an amount of spectrum comparable to 25-megahertz cellular licenses and 30-megahertz broadband PCS licenses. 700 MHz Band Performance Requirements. The Commission adopted ``substantial service,'' specified in Section 27.14(a) of the Commission's rules, as the only performance requirement for the Upper 700 MHz Band in 2000. Two years later, in 2002, the Commission adopted an identical requirement for the Lower 700 MHz Band. In these bands, substantial service means service that is ``sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.'' In
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  • Performance Requirements Background. The Commission first adopted performance requirements for the commercial services in the Upper 700 MHz Band, and then subsequently followed with similar rules for the Lower 700 MHz Band. In the Upper 700 MHz First Report and Order, the Commission required that licensees in the 746-764 and 776-794 MHz Bands provide ``substantial service,'' as outlined in Section 27.14(a) of its rules. These rules require licensees to provide ``substantial service'' within ten years of license issuance. The Upper 700 MHz First Report and Order also established safe harbors for licensees with regard to the substantial service requirement. Specifically, a licensee would be considered to be providing ``substantial service'' in the licensed service area if it constructs four permanent links
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  • these bands is consistent with our statutory mandate to promote the development and rapid deployment of new technologies, products, and services; economic opportunity and competition; and the efficient and intensive use of the electromagnetic spectrum. We seek comment on these views. License Term We propose to establish a 10-year license term and to apply the renewal expectancy provisions of section 27.14 to licensees in these bands. The Communications Act imposes no specific term limit on licenses that will be issued by the Commission for this spectrum. Generally, however, the Commission's rules provide for a 10-year license term for wireless licenses. We propose that in the 2155-2175 MHz band the license term be 10 years, with a renewal expectancy similar to that
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  • Management Association (NEMA). See ``Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Announce the Four At-Large Members of the Public Safety Broadband Licensee's Board of Directors,'' Public Notice, 22 FCC Rcd 19475 (2007). Second Report and Order, 22 FCC Rcd at 15423-26 � 375. Id. at 15426 � 376. Id. at 15426 � 377. 47 C.F.R. �� 27.1305, 27.14(m). Second Report and Order, 22 FCC Rcd at 15433 � 405. Id. Id. at 15434 � 406. Id. at 15426 � 383. Id. at 15433-34 � 405. We seek comment on the responsibilities of the D Block licensee with regard to the operation of the shared network elsewhere herein. . See AT&T Petition for Reconsideration at 4-5. See Second Report
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  • of the license term if no broadcast service had been provided, whichever period is shorter in length. (c) The paired 758-763 and 788-793 MHz bands. Initial WCS authorizations for the paired 758-763 MHz and 788-793 MHz bands will have a term not to exceed 15 years from the date of initial issuance or renewal. * * * * * Section 27.14 is amended by renumbering paragraph (o) as paragraph (q) and by revising paragraphs (e), (m), (n), and (o), and adding paragraph (p), to read as follows: � 27.14 Construction requirements; Criteria for renewal. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz and 776-787 MHz bands. These licensees
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  • at 2. CIRI also states that nine more of its systems are currently under construction in markets with fewer than 100 POPs per square mile. Id. 59 Id. at 3. 60 Id. at 4. Construction build-out requirements for the PCS and WCS licenses are found in sections 24.203 and 24.17 of the Commission's rules, respectively. Sec 47 C.F.R. �� 24.203. 27.14. 61 CIR] Opposition at 3. 62 CIRI and VoiceStream both challenge WITCO's standing as a party-in-interest in the instant proceeding. See id. at 5-6; VoiceStream Opposition at 2-5. Because we deny the WITCO Petition to the extent WITCO claims that the instant transfers of control will harm rural consumers, and defer WITCO's arguments about the proposed transfers of VoiceStream's licenses
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  • effort to prevent harmful interference to nearby public safety operations); Section 27.604's limitations on number of block A and B 700 MHz Guard Band licenses won at auction; Section 27.605's restrictions that 700 MHz Guard Band licenses may only be partitioned and/or disaggregated to another 700 MHz Guard Band Manager licensee; The performance requirements jointly imposed by sections 27.607 and 27.14(a) (which incorporate for the 700 MHz Guard Band Manager licenses a definition of ``substantial service'' applied to Wireless Communications Service, also a Part 27 service, rather than the 220 MHz spectrum); and Section 27.601(d)'s special requirements governing coordination among Guard Band Managers in the 700 MHz Guard Band, which is licensed exclusively to band managers (as the sole band manager
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  • requirement associated with the renewal of its Phase I Nationwide licenses; (3) require that Access 220 meet the substantial service standard only at the new uniform September 19, 2019 renewal date; (4) apply the performance requirements for the 700 MHz Guard Band licenses to all of Access 220's licenses in the 220 MHz service (these requirements are described in sections 27.14(a) and 27.607(a) of the Commission's rules); and (5) consolidate all of Access 220's 220 MHz service licenses under a single license and call sign. In support of its Waiver Request, Access 220 points out that, in 2002, the Wireless Telecommunications Bureau granted its request for waivers to allow it to act as a band manager for the spectrum authorized under
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  • June 9, 2006 Reply Comment Date: June 23, 2006 On March 22, 2006, the WCS Coalition filed a request for waiver of the Commission's Wireless Communications Services (WCS) construction rule. The members of the WCS Coalition hold a total of 132 licenses in the 2.3 GHz band, all of which are scheduled to expire on July 21, 2007. Under Section 27.14 of the Commission's rules, WCS licensees are required to make a showing of substantial service in their license area by the end of their license term. The WCS Coalition requests an extension to July 21, 2010, assuming that by July 21, 2007, the Commission has released permanent rules governing the operation of Digital Audio Radio Service (DARS) terrestrial repeaters in
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  • the construction deadline for Wireless Communications Service (WCS) licenses. The WCS Coalition filed the first request for waiver on March 22, 2006, on behalf of several companies that hold 132 WCS licenses in the 2.3 GHz band that are scheduled to expire on July 21, 2007. Specifically, the WCS Coalition filed a consolidated request for a limited waiver of Section 27.14(a) of the Commission's rules, which requires WCS licensees to make a showing of substantial service in their license area by the end of their initial license term. The coalition also requested that we conditionally renew WCS licenses at the July 2007 renewal date, subject to a showing of substantial service in July 2010. In its May 12, 2006 comments supporting
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  • 2005 was not a violation of the Commission's Rules because Sections 21.44 and 21.303 of the Commission's Rules had been eliminated in January 2005. See BRS/EBS R&O. We note that Pascual, like all other BRS and EBS licensees, will be required to demonstrate substantial service of Station WHT593 by May 1, 2011 or risk license forfeiture. See 47 C.F.R. � 27.14(e). 47 C.F.R. 21.303(d) (2004). Petition to Deny at 4. See Opposition, Invoices for Use of Tower and Electricity (Sep. 30, 2005). See Opposition, Affidavit of Leo Thomasian (Sep. 30, 2005). (...continued from previous page) (continued....) Federal Communications Commission DA 07-203 Federal Communications Commission DA 07-203 � �@��� * � � ` � � � � � � h h �
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  • petition for reconsideration of that determination. Petition for Reconsideration, WT Docket No. 03-66, NextWave Broadband, Inc. (filed Jul. 19, 2006). The notice of consummation must be accompanied by request for waiver of Section 1.948(d). Such waiver request may refer to the waiver grant contained in this letter order without restating the arguments set forth in the Petition. 47 C.F.R. � 27.14(e). The extension application must be accompanied by request for waiver of 47 C.F.R. � 1.946. Such waiver request may refer to the waiver grant contained in this Memorandum Opinion and Order without restating SBI's arguments. (...continued from previous page) (continued....) Federal Communications Commission DA 07-207 Federal Communications Commission DA 07-207 * � � � � � ⽶�� � F P
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  • 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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  • 1073 157 Lyons Township MI1548 0.01 1268 25 Odessa Township MI1090 0.06 1492 100 Onondaga Township MI1718 5.14 993 51 Parma Township MI1081 20.25 943 191 Portand Township MI1058 25.97 828 215 Pulaski Township MI0479 15.57 700 109 Roxand Towship MI1158 0.09 658 63 Sandstone Charter Town MI1079 0.00 1321 13 Sciota Township MI1063 22.72 625 142 Sheridan Township MI1737 27.14 770 209 Sherwood Township MI0931 17.74 885 157 Spring Arbor Township MI1078 1.05 2570 27 Stockbridge Township MI1085 0.20 1220 25 Sunfield Township MI1159 0.08 777 63 Union Township MI0932 0.08 1184 99 Walton Township MI1067 18.60 699 130 Westphalia Township MI1295 4.82 436 21 Wheatfield Township MI1293 12.98 570 74 Woodland Township MI1091 14.60 808 118 *CPR = Percent
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  • originally filed because the amendment filed by WPV was no longer necessary to process the application due to changes in the BRS and EBS rules. See id. Id. The Division also noted that, if the application were granted, WPV, like all EBS licensees, will be required to demonstrate substantial service by May 1, 2011. See id. (citing 47 C.F.R. � 27.14(e)). See File No. 9203937. Public notice of the grant was released on April 4, 2007. See Wireless Telecommunications Bureau Market-Based Applications Action, Report No. 3046, Public Notice (rel. Apr. 4, 2007). Application, Public Interest Statement (filed Apr. 16, 2007). Petition at 1 (internal citations omitted). Petition at n.3. The petitioners specifically reference LMS Station WPOJ879, Public Coast Station WQCP811, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1108A1.pdf
  • licensee's level of service to the public. Accordingly, a licensee that meets the applicable performance requirementsmight nevertheless fail to meet the substantial service standard at renewal. Licensees must 9 demonstrate at renewal that they have substantially complied with all applicable FCC rules, policies, and the Communications Act of 1934, as amended, including any applicable performance requirements. Under the revised � 27.14 of the FCC's rules, the FCC also eliminated the filing of competing applications to requests for renewal of these 700 MHz licenses. Under the revised � 27.14, the FCC adopted a process by which 700 MHz Commercial Services Band licenses revert to the FCC for re- auction if a license is not renewed. b. License Terms The FCC revised its
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  • Section 1.2110(g)(4)(iv) and Reinstatement of 900 MHz Specialized Mobile Radio Licenses, Order, 21 FCC Rcd 1627 (WTB 2006) (``Advanced Order''); and So Fast Internet Services, Inc., Memorandum Opinion and Order, 21 FCC Rcd 10,126 (WTB 2006). 47 C.F.R. � 1.106(d)(2). The Notice of Dismissal specifically states: ``License canceled 1/19/05 pursuant to 47 CFR 1.2110.'' See, e.g., 47 C.F.R. �� 24.16(b), 27.14(b)(2), 90.743(a)(2), 90.816(b)(1)(ii). 47 C.F.R. � 1.2110(g). 47 C.F.R. � 1.2110(g)(4). See, e.g., Southern Communications Systems, Inc. Request for Limited rule Waiver to Comply with PCS Installment Payment for C Block Licenses in the Cleveland, TN BTA, Memorandum Opinion and Order, 15 FCC Rcd 25,103, 25,107-08, � 10 (2000) (``Southern Communications MO&O''), further recon. denied, Second Memorandum Opinion and Order, 16
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  • licensing of WCS. Need: The identified rules in this subpart are needed to set forth the application process and licensing rules for WCS, including construction requirements, criteria for renewal, and partitioning and disaggregation rules. Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337. Section Number and Title: 27.11 Initial authorization. 27.12 Eligibility. 27.13 License period. 27.14 Construction requirements; Criteria for comparative renewal proceedings. 27.15 Geographic partitioning and spectrum disaggregation. SUBPART C-TECHNICAL STANDARDS Brief Description: The part 27 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for wireless communications services (WCS). Subpart C sets out the technical standards regarding WCS. Need: The identified rules are necessary to set
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  • 20 FCC Rcd 10906 (WTB 2005) (Bureau waiver of filing freeze to permit an existing BRS operator to obtain vacant EBS channels in the Virgin Islands to expand its service offerings). Id., 22 FCC Rcd at 15799 � 21. Id., 22 FCC Rcd at 15801 � 27. Waiver Request at 6. See 47 C.F.R. � 27.1201. See 47 C.F.R. � 27.14(o) (all EBS licensees must demonstrate substantial service by May 1, 2011). Waiver Request at 11. As noted above, there is a very slight overlap between that proposed GSA and the GSA of EBS Stations WNC755, WNC756, WNC753, and WNC762, licensed to the Regional Educational Media Center in Houghton, Michigan. See Waiver Request at 5. Interim Arrangement Concerning the Use of
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  • 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 by February 17, 2013 (assuming their licenses are granted before February 17, 2009). See 47 C.F.R. � 27.14(g), (h). In addition, we anticipate that AWS service will be rolled out in a number of markets over the next several years as federal incumbents are relocated. For more information on the relocation, see http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm. LMDS Order, 23 FCC Rcd at 5906 � 26. 47 C.F.R. � 101.17. Id. 47 C.F.R. � 1.955(a)(2). 47 C.F.R. � 101.67. 47 C.F.R. �
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  • 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 by February 17, 2013 (assuming their licenses are granted before February 17, 2009). See 47 C.F.R. � 27.14(g), (h). In addition, we anticipate that AWS-1 service will be rolled out in a number of markets over the next several years as federal incumbents are relocated. For more information on the relocation, see http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm. LMDS Order, 23 FCC Rcd at 5906 � 26. 47 C.F.R. � 101.17. Id. (...continued from previous page) (continued....) Federal Communications Commission DA 08-2216 Federal
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  • 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 by February 17, 2013 (assuming their licenses are granted before February 17, 2009). See 47 C.F.R. � 27.14(g), (h). In addition, we anticipate that AWS-1 service will be rolled out in a number of markets over the next several years as federal incumbents are relocated. For more information on the relocation, see http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm. 47 C.F.R. � 101.1011(a). 47 C.F.R. � 101.1011. Licenses were awarded on a rolling basis with a license term of ten years from the date
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  • the Commission is no excuse for failure to file a renewal application") See Cook County Waiver Request at 1; Trenton Waiver Request at 1. Declaratory Ruling, supra. Id. 47 C.F.R. � 1.925(b)(3). BRS/EBS 3rd MO&O, 21 FCC Rcd at 5720 � 278, quoting 47 U.S.C. � 309(j)(4)(B). BRS/EBS 3rd MO&O, 21 FCC Rcd at 5733 � 303; 47 C.F.R. � 27.14(e). BRS/EBS 2nd FNPRM. (...continued from previous page) (continued....) Federal Communications Commission DA 09-1331 Federal Communications Commission DA 09-1331 � 3 4 5 T U � � � � � � � � F " l � � � � �@ � �@ 2 3 y z � �z 0 2 3 y z � 0 �@ ) + - 1
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  • C.F.R. � 1.939(g), that the Petitions to Dismiss or Deny filed by Sprint Nextel Corporation on July 13, 2007, August 24, 2007, October 26, 2007, and November 2, 2007 ARE DISMISSED. 5447 C.F.R. � 1.925(b)(3). 55BRS/EBS 3rdMO&O, 21 FCC Rcd at 5720 � 278, quoting47 U.S.C. � 309(j)(4)(B). 56BRS/EBS 3rdMO&O, 21 FCC Rcd at 5733 � 303; 47 C.F.R. � 27.14(e). 57BRS/EBS 2ndFNPRM. 8060 Federal Communications Commission DA 09-1331 31. ITIS FURTHER ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Section 1.41 of the Commission's Rules, 47 C.F.R. � 1.41, that the informal objection filed by Sprint Nextel Corporation, Nokia, Inc. and Nokia Siemens Networks, Inc. on July 10, 2007 IS
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  • Mexico; WT Docket Nos. 03-66, 03-67, 02-68, MM Docket No. 97-217, Order on Reconsideration and Fifth Memorandum Opinion and Order and Third Memorandum Opinion and Order and Second Report and Order, 21 FCC Rcd 5606, 5720 � 278 (2006) (BRS/EBS 3rd MO&O), quoting 47 U.S.C. � 309(j)(4)(B). BRS/EBS 3rd MO&O, 21 FCC Rcd at 5733 � 303; 47 C.F.R. � 27.14(e). See, e.g., Request for Determination of Necessity for, and Waiver of the Commission's Rules to Allow Reinstatement of the Construction Permits for Educational Broadband Service Stations WNC975 (Minford) and WNC976 (New Boston) Prior to License Renewal, File Nos. 0003065283 and 0003065287 (filed Jul. 18, 2007) (explaining how licenses would be used to serve a depressed region of Ohio); Request for
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  • Service for the Gulf of Mexico; WT Docket Nos. 03-66, 03-67, 02-68, MM Docket No. 97-217, Order on Reconsideration and Fifth Memorandum Opinion and Order and Third Memorandum Opinion and Order and Second Report and Order, 21 FCC Rcd 5606, 5720 � 278(2006) (BRS/EBS 3rdMO&O), quoting47 U.S.C. � 309(j)(4)(B). 64BRS/EBS 3rdMO&O, 21 FCC Rcd at 5733 �303; 47 C.F.R. � 27.14(e). 8118 Federal Communications Commission DA 09-1340 suspended almost five years ago, we believe the best way of meeting the underlyingpurposes of performance requirements is to allow the licensees to make their licenses current and strictly enforce the new substantial service requirements. This will allow those licensees to begin providing service and provide licensees with the maximumincentive to begin providing service
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  • with the procedures, terms and conditions (collectively, ``terms'') contained in this Public Notice and the Commission's decisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees. SAL Spectrum, LLC (``SAL'') and the Ad Hoc BRS Applicants Association (``the Ad Hoc Applicants'') seek a revision of the performance requirement set forth in the BRS service rules. Section 27.14(o) of the Commission's rules provides that a BRS licensee must demonstrate ``substantial service'' in its service area no later than May 1, 2011. Clearwire and the Wireless Communications Association International, Inc. (``WCAI'') oppose SAL's proposal, contending that it would not be in the public interest to give new licensees ten years to demonstrate substantial service because the spectrum could lie
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  • familiar with the procedures, terms and conditions (collectively, "terms") contained in this Public Notice and the Commission'sdecisions in proceedings regarding competitive bidding procedures, application requirements, and obligations of Commission licensees.16 9. SAL Spectrum, LLC ("SAL") and the Ad Hoc BRS Applicants Association ("the Ad Hoc Applicants") seek a revision of the performance requirement set forth in the BRS service rules.17Section 27.14(o) of the Commission's rules provides that a BRS licensee must demonstrate "substantial service" in its service area no later than May 1, 2011.18Clearwire and the Wireless Communications Association International, Inc. ("WCAI") oppose SAL's proposal, contending that it would not be in the public 13Compare Alpine at � 22. 14See47 C.F.R. � 27.5(i)(2). 1547 C.F.R. Parts 1 and 27. 16See, e.g.,
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  • Order on Reconsideration and Memorandum Opinion and Order, 23 FCC Rcd 14116 (WTB 2008) (ART Construction Extension Order). 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 by February 17, 2013 (assuming their licenses are granted before February 17, 2009). See 47 C.F.R. � 27.14(g), (h). In addition, we anticipate that AWS-1 service will be rolled out in a number of markets over the next several years as federal incumbents are relocated. For more information on the relocation, see http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm. IDT Construction Extension Order, 23 FCC Rcd at 12012 � 16; ART Construction Extension Order, 23 FCC Rcd at 14126 � 20. IDT Construction Extension
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  • License Period, Order on Reconsideration and Memorandum Opinion and Order, 23FCC Rcd 14116 (WTB 2008) (ART Construction Extension Order). 15Licensees in the Lower 700 MHz A, B, and E Blocks and in the Upper 700 MHz C Block must meet their first buildout requirement by February 17, 2013 (assuming their licenses are granted before February 17, 2009). See47 C.F.R. � 27.14(g), (h). In addition, we anticipate that AWS-1 service will be rolled out in a number of markets over the next several years as federal incumbents are relocated. For more information on the relocation, see http://www.ntia.doc.gov/osmhome/reports/specrelo/index.htm. 16IDT Construction Extension Order, 23 FCC Rcd at 12012 � 16; ART Construction Extension Order, 23 FCC Rcd at 14126 � 20. 8593 Peter J.Schildkraut,
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  • the public interest would be served, it would consider waiving construction requirements on a case-by-case basis. See Amendment of the Commission's Rules To Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum Opinion and Order, 9 FCC Rcd 4957, 5019 (1994) (PCS MO&O), citing WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). 47 C.F.R. �� 90.743(a)(1), 24.16(a), 27.14(a). Substantial Service Showings at 1. Id. at 5. We note that three of NRTC's five-year construction showings were accepted because NRTC certified that it covers at least one-third of the population of the licensed areas. See File Nos. 0003222772 (WPOL329); 0003222774 (WPOL331); and 0003222777 (WPOL334). We will extend the five- and ten-year construction deadlines until March 22, 2012. See Interstate
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  • unique and the public interest would be served, it would consider waiving construction requirements on a case-by-case basis. See Amendment of the Commission's Rules To Establish New Personal Communications Services, GEN Docket No. 90-314, Memorandum Opinion and Order, 9 FCC Rcd 4957, 5019 (1994) (PCS MO&O),citingWAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969). 2947 C.F.R. �� 90.743(a)(1), 24.16(a), 27.14(a). 30Substantial Service Showings at 1. 31Id. at 5. 32We note that three of NRTC's five-year construction showings were accepted because NRTC certified that it covers at least one-third of the population of the licensed areas. See File Nos. 0003222772 (WPOL329); 0003222774 (WPOL331); and 0003222777 (WPOL334). 8659 Federal Communications Commission DA 09-1459 be more robust than its current state given the
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  • Mexico; WT Docket Nos. 03-66, 03-67, 02-68, MM Docket No. 97-217, Order on Reconsideration and Fifth Memorandum Opinion and Order and Third Memorandum Opinion and Order and Second Report and Order, 21 FCC Rcd 5606, 5720 � 278 (2006) (BRS/EBS 3rd MO&O), quoting 47 U.S.C. � 309(j)(4)(B). BRS/EBS 3rd MO&O, 21 FCC Rcd at 5733 � 303; 47 C.F.R. � 27.14(e). See In the Matter of 116 Late-Filed Applications For Renewal of Educational Broadband Service Stations and In the Matter of Fifty-Four Late-Filed Applications For Extension of Time to Construct Educational Broadband Service Stations, Memorandum Opinion and Order, 24 FCC Rcd 8108, 8118-8119 � 31 (WTB BD 2009). Brantley Waiver Request at 1-2. Evans Waiver Request at 2. Earle Waiver Request
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  • Service for the Gulf of Mexico; WT Docket Nos. 03-66, 03-67, 02-68, MM Docket No. 97-217, Order on Reconsideration and Fifth Memorandum Opinion and Order and Third Memorandum Opinion and Order and Second Report and Order, 21 FCC Rcd 5606, 5720 � 278(2006) (BRS/EBS 3rdMO&O), quoting47 U.S.C. � 309(j)(4)(B). 47BRS/EBS 3rdMO&O, 21 FCC Rcd at 5733 � 303; 47 C.F.R. �27.14(e). 48SeeIn the Matter of 116 Late-Filed Applications For Renewal of Educational Broadband Service Stations and In the Matter of Fifty-Four Late-Filed Applications For Extension of Time to Construct Educational Broadband Service Stations, Memorandum Opinion and Order, 24 FCC Rcd 8108, 8118-8119 � 31 (WTB BD 2009). 49Brantley Waiver Request at 1-2. 50Evans Waiver Request at 2. 51Earle Waiver Request at
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  • 09-17 et. al., Second Report and Order and Notice of Proposed Rulemaking, FCC 09-11 (rel. Feb. 20, 2009) (``DTV Delay Act Omnibus Order'' and ``NPRM''). The DTV Delay Act Omnibus Order is also available on the Commission's website. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-11A1.doc. DTV Delay Act, Pub. L. No.111-4, 123 Stat. 112 (2009). 74 FR 8868 (February 27, 2009). Specifically, 47 C.F.R. �� 27.13, 27.14, 27.20, 27.1310, 73.624, 73.674, 73.3598, 90.528, and 90.1410. DTV Delay Act Omnibus Order, supra note 1, Amended Rules Appendix. DTV Delay Act Omnibus Order, supra, note 1 at � 86. As discussed in the DTV Delay Act Omnibus Order, these rules take effect later in order to give manufacturers, eligible telecommunications carriers and multichannel video programming distributors the necessary time
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  • Flag Wireless, LLC and James F. McCotter (collectively, Green Flag). Specifically, we dismiss as untimely Green Flag's challenge to four of the above-referenced substantial service performance showings of Horizon Wi-Com, LLC (Horizon) for its 2.3 GHz Wireless Communications Service (WCS) licenses, and deny Green Flag's request that we reconsider or rescind our acceptance of Horizon's four remaining showings. BACKGROUND Section 27.14(a) of the Commission's rules requires 2.3 GHz WCS licenses to ``make a showing of `substantial service' in their license area within the prescribed license term set forth in � 27.13.'' Section 27.14(a) defines substantial service ``as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal.'' The rule provides that ``[f]ailure
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  • five permanent links per one million people in the service area for fixed point-to-point services. Further, the Commission dismissed all pending substantial service demonstrations and pleadings filed in opposition as moot. In light of the foregoing and pursuant to section 1.3 of the Commission's rules, the Bureau hereby temporarily suspends the 2.3 GHz WCS substantial service performance requirement (current section 27.14(a) of the Commission's rules) until the enhanced 2.3 GHz WCS performance requirements become effective. WCS licenses therefore will not automatically terminate under section 1.946(c) of the Commission's rules for not meeting the superseded substantial service performance requirement. Accordingly, the Bureau will not accept for filing any further substantial service showings for the 2.3 GHz WCS Band. . Action taken pursuant
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  • Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band, WT Docket No. 07-293, Report and Order(WCS Report and Order), Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310- 2360 MHz Frequency Band, IB Docket No. 95-91, Second Report and Order, FCC 10-82 (rel. May 20, 2010). 2See47 C.F.R. � 27.14(a). In December 2006, the Wireless Telecommunications Bureau granted a three- year extension of the initial WCS construction deadline, until July 21, 2010, for certain WCS licensees. SeeConsolidated Request of the WCS Coalition for Limited Waiver of Construction Deadline for 132 WCS Licenses,Order, 21 FCC Rcd 14134 (WTB 2006). 3Seegenerally WCS Report and Order. 4Id. at � 218. 5Id. at �
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  • was granted an extension of time to construct, the Commission suspended the build out requirements applicable to EBS licensees that had construction permits that were unexpired as of April 2, 2003. Because Liberty County had an unexpired construction permit as of April 2, 2003, its construction deadline was suspended. Then, in the BRS/EBS Second Report and Order, the Commission adopted 27.14(o) of the Commission's Rules, which established substantial service as the performance requirement for EBS licensees and May 1, 2011 as the deadline for establishing substantial service. Thus, Liberty County is not required to demonstrate substantial service until May 1, 2011, and an extension request is not necessary for Liberty County to renew its license to operate Station WNC895. As mentioned
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-383A1_Rcd.pdf
  • 201. 11Amendment 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, Second Report and Order,WT Docket No. 03-66, 21 FCC Rcd 5718-5762 �� 277-279 (2006). 12Id., 21 FCC Rcd 5718-5762 � 304. 47 C.F.R. � 27.14(o). 1347 C.F.R. � 1.949(a). 14Waiver Request at 4. 2245 Federal Communications Commission DA 10-383 7. On September 2, 2009, Liberty County's Renewal Application was accepted for filing.15 No petitions to deny or other oppositions were filed. III. DISCUSSION 8. As a preliminary matter, we dismiss, as moot, Liberty County's request for waiver of former Section 74.15(e) of the Commission'sRules. Former
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  • Extension Request at 2. Id. Id. Id. See National EBS Association and Catholic Television Network, Request for Extension of Time to Demonstrate Substantial Service on EBS Spectrum, WT Docket No. 11-22, Memorandum Opinion and Order, 26 FCC Rcd 4021 (WTB 2011). BRS licensees in these BTAs were required to demonstrate substantial service by May 1, 2011. See 47 C.F.R. � 27.14(o). Our records indicate that all BRS licensees in the Miami-Fort Lauderdale, FL and West Palm Beach-Boca Raton, FL BTAs filed substantial service showings. See 47 C.F.R. � 1.946(e). Nadja S. Sodos-Wallace Federal Communications Commission Washington, D.C. 20554 July 20, 2011 " � � � (R) �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb
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  • 2010). 7Extension Request at 2. 8Id. 9Id. 10Id. 11SeeNational EBS Association and Catholic Television Network, Request for Extension of Time to Demonstrate Substantial Service on EBS Spectrum, WT Docket No. 11-22, Memorandum Opinion and Order, 26 FCC Rcd 4021 (WTB 2011). BRS licensees in these BTAs were required to demonstrate substantial service by May 1, 2011. See 47 C.F.R. � 27.14(o). Our records indicate that all BRS licensees in the Miami-Fort Lauderdale, FL and West Palm Beach-Boca Raton, FL BTAs filed substantial service showings. 12See47 C.F.R. � 1.946(e). 10296 Nadja S. Sodos-Wallace Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.46 and 27.1232(b)(1)(vi) of the Commission's Rules,
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  • 14, 2011), Request for Waiver (``Waiver Request''). Lewisburg supplemented its waiver request on June 29, 2011. See Letter dated June 29, 2011 from Julian P. Gehman, counsel for Lewisburg, to Rick Kaplan, Chief, Wireless Telecommunications Bureau (``Supplement''). Waiver Request at 1. Greenbrier County has a population density of approximately thirty-five people per square mile. Id.; see also 47 C.F.R. � 27.14(o)(1)(iii) (defining ``rural area'' as ``a county (or equivalent) with a population density of 100 persons per square mile or less''). See 47 C.F.R. � 1.924(a)(1). Id. Applicants may coordinate their proposed operations with NRAO before filing the application. If the application lacks NRAO's prior written consent, NRAO may file comments or objections, which the Commission will consider when deciding how
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  • (filed March 14, 2011), Request for Waiver ("Waiver Request"). Lewisburg supplemented its waiver request on June 29, 2011. See Letter dated June 29, 2011 from Julian P. Gehman, counsel for Lewisburg, to Rick Kaplan, Chief, Wireless Telecommunications Bureau("Supplement"). 2Waiver Request at 1. Greenbrier County has a population density of approximately thirty-five people per square mile. Id.; see also47 C.F.R. � 27.14(o)(1)(iii) (defining "rural area" as "a county (or equivalent) with a population density of 100 persons per square mile or less"). 3See47 C.F.R. � 1.924(a)(1). 4Id. Applicants may coordinate their proposed operations with NRAO before filing the application. If the application lacks NRAO's prior written consent, NRAO may file comments or objections, which the Commission will consider when deciding howto resolve
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  • at 2. Id. Id. Id. Id. Id. See National EBS Association and Catholic Television Network, Request for Extension of Time to Demonstrate Substantial Service on EBS Spectrum, WT Docket No. 11-22, Memorandum Opinion and Order, 26 FCC Rcd 4021 (WTB 2011). BRS licensees in these BTAs were required to demonstrate substantial service by May 1, 2011. See 47 C.F.R. � 27.14(o). Our records indicate that all BRS licensees in the Miami-Fort Lauderdale, FL and West Palm Beach-Boca Raton, FL BTAs filed substantial service showings. See 47 C.F.R. � 1.946(e). Nadja S. Sodos-Wallace Federal Communications Commission Washington, D.C. 20554 October 17, 2011 � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb
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  • Request at 2. 8Id. 9Id. 10Id. 11Id. 12Id. 13SeeNational EBS Association and Catholic Television Network, Request for Extension of Time to Demonstrate Substantial Service on EBS Spectrum, WT Docket No. 11-22, Memorandum Opinion and Order, 26 FCC Rcd 4021 (WTB 2011). BRS licensees in these BTAs were required to demonstrate substantial service by May 1, 2011. See 47 C.F.R. � 27.14(o). Our records indicate that all BRS licensees in the Miami-Fort Lauderdale, FL and West Palm Beach-Boca Raton, FL BTAs filed substantial service showings. 14See47 C.F.R. � 1.946(e). 14382 Nadja S. Sodos-Wallace Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.46 and 27.1232(b)(1)(vi) of the Commission's Rules,
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  • performance status reports are due by January 13, 2012; (2) specifies the procedure for public comment on 700 MHz construction notifications; and (3) reminds licensees of the enforcement actions for failure to meet interim 700 MHz construction benchmarks. 700 MHz Interim Performance Status Reports due by January 13, 2012 On March 28, 2011, the Bureau announced that pursuant to section 27.14(l) of the Commission's rules, 700 MHz licensees were required to file their interim performance status reports by June 13, 2011. On June 3, 2011, however, the Office of General Counsel informed licensees that they were not required to file interim reports until the Commission announced the effective date of section 27.14(l). On October 28, 2011, the Office of Management and
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  • MHz interim performance status reports are due by January 13, 2012; (2) specifies the procedure for public comment on 700 MHz construction notifications; and (3) reminds licensees of the enforcement actionsfor failure to meet interim 700 MHz construction benchmarks. 700 MHz Interim PerformanceStatus Reports due by January 13, 2012 On March 28, 2011, the Bureau announced that pursuant to section 27.14(l) of the Commission's rules, 700 MHz licensees were required to file their interim performancestatus reports by June 13, 2011.1On June 3, 2011, however, the Office of General Counsel informed licensees that they were not required to file interim reports until the Commission announced the effective date of section 27.14(l).2On October 28, 2011, the Office of Management and Budget approved the
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  • below, Petitioners' allegations. We will consider and reject Petitioners' argument that the Renewal Application failed to contain a sufficient public interest showing. Petitioners fail to specify what additional information Touch Tel should have provided. Touch Tel answered the questions on Form 601 and provided a complete showing to demonstrate that Station WNTA626 was providing substantial service, as required by Section 27.14(o) of the Commission's Rules. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, the Petition for Reconsideration filed by Warren C. Havens, Environmentel, LLC, Skybridge Spectrum Foundation, Intelligent Transportation & Monitoring Wireless, LLC, Verde
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1996A1_Rcd.pdf
  • noted below, Petitioners' allegations.20 7.We will consider and reject Petitioners' argument that the Renewal Application failed to contain a sufficient public interest showing. Petitioners fail to specify what additionalinformation Touch Tel should have provided. Touch Tel answered the questions on Form 601 and provided a complete showing to demonstrate that Station WNTA626 was providing substantial service, as required by Section 27.14(o) of the Commission's Rules.21 8.Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 405, and Section 1.106 of the Commission's Rules, 47 C.F.R. � 1.106, the Petition for Reconsideration filed by Warren C. Havens, Environmentel, LLC, Skybridge Spectrum Foundation, Intelligent Transportation & Monitoring Wireless, LLC, Verde
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  • 2011 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST TO EXTEND THE SUBSTANTIAL SERVICE DEADLINE FOR EDUCATIONAL BROADBAND SERVICE LICENSEES TO NOVEMBER 1, 2011 WT Docket No. 11-22 Comment Date: February 22, 2011 Reply Comment Date: March 1, 2011 On February 9, 2011, the National EBS Association (``NEBSA'') and the Catholic Television Network (``CTN'') filed a request for waiver of Section 27.14(o) of the Commission's Rules to extend the deadline for Educational Broadband Service (``EBS'') licensees to demonstrate substantial service from May 1, 2011 to November 1, 2011. NEBSA and CTN are the primary representative organizations for the EBS community. On July 29, 2004, the Commission released a Report and Order and Further Notice of Proposed Rulemaking (BRS/EBS R&O) that revamped the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-281A1_Rcd.pdf
  • 2011 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST TO EXTEND THE SUBSTANTIAL SERVICE DEADLINE FOR EDUCATIONAL BROADBAND SERVICE LICENSEES TO NOVEMBER 1, 2011 WT Docket No. 11-22 Comment Date: February 22, 2011 Reply Comment Date: March 1, 2011 On February 9, 2011, the National EBS Association ("NEBSA") and the Catholic Television Network ("CTN") filed a request for waiver of Section 27.14(o) of the Commission's Rules to extend the deadline for Educational Broadband Service ("EBS") licensees to demonstrate substantial service from May 1, 2011 to November 1, 2011.1NEBSA and CTN are the primary representative organizations for the EBS community.2 On July 29, 2004, the Commission released a Report and Order and Further Notice of Proposed Rulemaking(BRS/EBSR&O) that revamped the band plan and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-370A1.txt
  • Rules. Contact Information For assistance in filing, contact FCC Support at Phone: (877) 480-3201, TTY: (717) 338-2824 Hours: Monday-Friday: 8:00 a.m. - 6:00 p.m. ET (except Federal holidays) or by submitting an e-support request at https://esupport.fcc.gov/onlinerequest.htm . By the Chief, Broadband Division, Wireless Telecommunications Bureau -FCC- For more news and information about the Federal Communications Commission See 47 C.F.R. � 27.14(o). 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, Report and Order and Further Notice of Proposed Rulemaking, WT Docket No. 03-66, 19 FCC Rcd 14165 (2004) (BRS/EBS R&O and FNPRM as appropriate).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-370A1_Rcd.pdf
  • prompt delivery of service to rural areas, . . . prevent stockpiling or warehousing of spectrum by licensees or permittees, and . . . promote investment in and rapid deployment of new technologies and services.'"4The Commission established various safe harbors that licensees could rely on to demonstrate substantial service. The Commission established the following general safe harbors: 1See47 C.F.R. � 27.14(o). 2SeeAmendment 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, Report and Order and Further Notice of Proposed Rulemaking,WT Docket No. 03-66, 19 FCC Rcd 14165 (2004) (BRS/EBS R&Oand FNPRMas appropriate). 3SeeAmendment of Parts 1,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-532A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-532A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-532A1.txt
  • Section 27.1203 of the Commission's Rules, and if leasing spectrum (except for leasing involving the transmission of educational programming) it must show that it is in compliance with Section 27.1214 of the Commission's Rules. The Commission required that both BRS and EBS licensees demonstrate substantial service for each license individually unless the license is significantly encumbered as provided in Section 27.14(o)(4) and (5) of the Commission's Rules. On February 9, 2011, NEBSA and CTN, the primary organizations representing EBS licensees, filed a request for a six-month extension of the substantial service deadline applicable to EBS licensees, accompanied by a request for waiver of the requirement that licensees file individual construction extension requests using Form 601. Clearwire Corporation (``Clearwire''), a BRS licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-532A1_Rcd.pdf
  • requirements in Section 27.1203 of the Commission's Rules, and if leasing spectrum (except for leasing involving the transmission of educational programming) it must show that it is in compliance with Section 27.1214 of the Commission's Rules.9The Commission required that both BRS and EBS licenseesdemonstrate substantial service for each license individually unless the license is significantly encumbered as provided in Section 27.14(o)(4) and (5) of the Commission's Rules.10 4.On February 9, 2011, NEBSA and CTN, the primary organizations representing EBS licensees, filed a request for a six-month extension of the substantial service deadline applicable to EBS licensees, accompanied by a request for waiver of the requirement that licensees file individual construction extension requests using Form 601.11Clearwire Corporation ("Clearwire"), a BRS licensee (...continued
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  • MHz bands, or EA authorizations for Block E in the 722-728 MHz band; and licensees holding regional economic area grouping (REAG) authorizations for Block C in the 746-757 MHz and 776-787 MHz bands. The filing requirement applies to license holders at the time the reports are filed, regardless of how long they have held the license(s). What to file? Section 27.14(l) of the Commission's rules requires licensees to provide the Commission information regarding their efforts to meet their performance requirements. Specifically, reports must include the date the license term commenced, and the steps the licensee will be taking or has already taken towards timely meeting its construction deadlines, including: The technology or technologies being deployed (e.g., CDMA, TDMA, LTE), or that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-563A1_Rcd.pdf
  • 734-740 MHz bands, or EA authorizations for Block E in the 722-728 MHz band; and licensees holding regional economic area grouping (REAG) authorizations for Block C in the 746-757 MHz and 776-787 MHz bands.3The filing requirement applies to license holders at the time the reports are filed, regardless of how long they have held the license(s). What to file? Section 27.14(l) of the Commission's rules requires licensees to provide the Commission information regarding their efforts to meet their performance requirements.4Specifically, reports must include the date the license term commenced, and the steps the licensee will be taking or has already taken towards timely meeting its construction deadlines, including: 1Service Rules for the 698-746, 747-762 and 777-792 MHz Band, WT Docket No.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-914A1.doc
  • Headquarters, Suite 5K39, Washington, DC 20546-0001, (202) 358-0001 (Office), (202) 358-4338 (Fax). To promote the rapid deployment of new broadband services to the American public and ensure that the WCS spectrum is used intensively in the public interest, the Commission also adopted enhanced performance (i.e., buildout) requirements for WCS licensees. The specific WCS performance requirements can be found in Section 27.14 of the Commission's rules, which can be found on the Commission's Internet site at www.fcc.gov. The performance requirements can also be found on page 133 in the Report and Order and Second Report and Order in this proceeding. 2. Regulations and Policies that the Commission Modified Small Business Compliance Obligation to Limit Harmful Interference in SDARS Context - Mobile and
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  • Dortch, Secretary, Federal Communications Commission, WT Docket No. 06-136 (filed Sep. 30, 2008). See 47 C.F.R. �� 27.1232(a) and (b)(1)(vi). See Letter from John J. Schauble, Deputy Chief, Broadband Division, Wireless Telecommunications Bureau to Nadja Sodos-Wallace, Regulatory Counsel, Assistant Secretary, Clearwire Corporation, 25 FCC Rcd 9195 (WTB BD 2010). Extension Request at 2. Id. Id. Id. See 47 C.F.R. � 27.14(o). See 47 C.F.R. � 1.946(e). Nadja S. Sodos-Wallace Federal Communications Commission Washington, D.C. 20554 January 19, 2011 � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|��
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  • from licensees in these markets. Such requests would be considered pursuant to the standards contained in Section 1.946(e) of the Commission's Rules.12 6SeeLetter from John J. Schauble, Deputy Chief, Broadband Division, Wireless Telecommunications Bureau to Nadja Sodos-Wallace, Regulatory Counsel, Assistant Secretary, Clearwire Corporation, 25 FCC Rcd 9195 (WTB BD 2010). 7Extension Request at 2. 8Id. 9Id. 10Id. 11See47 C.F.R. � 27.14(o). 12See47 C.F.R. � 1.946(e). 367 Nadja S. Sodos-Wallace Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. � 154(i), and Sections 1.46 and 27.1232(b)(1)(vi) of the Commission's Rules, 47 C.F.R. �� 1.46, 27.1232(b)(1)(vi) that the Request for Extension of Time filed by Clearwire Spectrum Holdings II, LLC and WPSWP LLC on
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  • MHz band and is licensed under Part 27 of the Commission's rules; the remaining 73.5 megahertz of spectrum in the band is allocated to the Broadband Radio Service (``BRS'') and to two four-megahertz guard bands. Two years later, on April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-491A1_Rcd.pdf
  • band and is licensed under Part 27 of the Commission's rules; the remaining 73.5 megahertz of spectrum in the band is allocated to the Broadband Radio Service ("BRS") and to two four-megahertz guard bands.6 4. Two years later, on April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.7Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.8The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.9A BRS or EBS licensee may make a showing based on
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  • have failed to show that they acted with the requisite diligence or that their failure to meet the deadline was caused by circumstances beyond their control. We also declare the licenses terminated as of November 1, 2011. background On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-492A1_Rcd.pdf
  • 0004934165-0004934171, 0004935947, 0004935951, 0004935957, 0004935959, 0004936205, 0004936215, 0004944835 (collectively, "Extension Applications"). We are considering these applications together because they largely present the same facts and make the same arguments. 3035 Federal Communications Commission DA 12-492 II. BACKGROUND 2. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.2Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.3The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.4A BRS or EBS licensee may make a showing based on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-496A1.txt
  • advanced wireless services, including wireless broadband. The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-496A1_Rcd.pdf
  • of advanced wireless services, including wireless broadband.1The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition fromtheir old channel locations to their new channel locations.2 3. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.3Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.4The Commission defines substantial service as a level of service, which is sound, 1SeeAmendment 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-497A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-497A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-497A1.txt
  • in the band is allocated to the Broadband Radio Service (``BRS'') and to two four-megahertz guard bands. Also in 2004, the Commission sought comment on construction requirements for the newly created BRS and EBS services. Two years later, on April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-497A1_Rcd.pdf
  • No. 03-66, 19 FCC Rcd 14165 (2004) (BRS/EBS R&O and FNPRM, as appropriate). 4Id. 5See 47 C.F.R. � 27.5(i)(2). 6BRS/EBS FNPRM, 19 FCC Rcd at 14265-14301 �� 320-332. 3053 Federal Communications Commission DA 12-497 4. Two years later, on April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.7Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.8The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.9A BRS or EBS licensee may make a showing based on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-498A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-498A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-498A1.txt
  • advanced wireless services, including wireless broadband. The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-498A1_Rcd.pdf
  • advanced wireless services, including wireless broadband.1The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations.2 3. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.3Under Section 27.14(o),all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.4The Commission defines substantial service as a level of service, which is sound, 1SeeAmendment 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-515A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-515A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-515A1.txt
  • advanced wireless services, including wireless broadband. The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-515A1_Rcd.pdf
  • advanced wireless services, including wireless broadband.1The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations.2 3. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.3Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.4The Commission defines substantial service as a level of service, which is sound, 1SeeAmendment 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-516A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-516A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-516A1.txt
  • advanced wireless services, including wireless broadband. The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-516A1_Rcd.pdf
  • advanced wireless services, including wireless broadband.2The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations.3 3. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.4Under 1File No. 0004933287 (filed Nov. 1, 2011) ("Extension Application"). 2SeeAmendment 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, Report and Order and Further Notice of Proposed Rulemaking,WT Docket No. 03-66,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-517A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-517A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-517A1.txt
  • advanced wireless services, including wireless broadband. The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-517A1_Rcd.pdf
  • of advanced wireless services, including wireless broadband.1 The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations.2 On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees,which were codified at Section 27.14(o) of the Commission's Rules.3Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.4The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.5A BRS or EBS licensee may make a showing based on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-529A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-529A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-529A1.txt
  • in the band is allocated to the Broadband Radio Service (``BRS'') and to two four-megahertz guard bands. Also in 2004, the Commission sought comment on construction requirements for the newly created BRS and EBS services. Two years later, on April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-529A1_Rcd.pdf
  • in the band is allocated to the Broadband Radio Service ("BRS") and to two four-megahertz guard bands.6Also in 2004, the Commission sought comment on construction requirements for the newly created BRS and EBS services.7 4. Two years later, on April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.8Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011.9The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.10A BRS or EBS licensee may make a showing based on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1.txt
  • Mr. Pascual's heirs. Pascual's heirs sought a waiver of Section 1.948(g) of the Commission's Rules to waive the requirement that an application for involuntary transfer of control involving the death of a licensee be filed within 30 days after such death. Pascual's heirs did not provide evidence of substantial service as part of the renewal application, as required by Section 27.14(o) of the Commission's Rules. On November 9, 2011, the Bureau returned the Renewal Application because there was no evidence that substantial service had been provided or that a modification application had been filed reflecting Station WHT593's transition to the new band plan. In response, Pascual's heirs sought a waiver of the substantial service requirements and of the requirement to file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-531A1_Rcd.pdf
  • controlled by Mr. Pascual's heirs.26Pascual's heirs sought a waiver of Section 1.948(g) of the Commission's Rules to waive the requirement that an application for involuntary transfer of control involving the death of a licensee be filed within 30 days after such death.27Pascual's heirs did not provide evidence of substantial service as part of the renewal application, as required by Section 27.14(o) of the Commission's Rules.28 9. On November 9, 2011, the Bureau returned the Renewal Application because there was no evidence that substantial service had been provided or that a modification application had been filed reflecting Station WHT593's transition to the new band plan.29In response, Pascual's heirs sought a waiver of the substantial service requirements and of the requirement to file
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  • advanced wireless services, including wireless broadband. The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS and EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-532A1_Rcd.pdf
  • of advanced wireless services, including wireless broadband.2The Commission radically changed the band plan and technical and licensing rules applicable to EBS licenses and required EBS licensees to transition from their old channel locations to their new channel locations.3 3. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section27.14(o) of the Commission's Rules.4Under 1File No. 0004935954 (filed Nov. 1, 2011) ("Extension Application"). 2SeeAmendment 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, Report and Order and Further Notice of Proposed Rulemaking,WT Docket No. 03-66,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-539A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-539A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-539A1.txt
  • to BRS licenses and required BRS licensees to transition from their old channel locations to their new channel locations. On April 27, 2006, the Commission required all BRS and EBS licensees to demonstrate substantial service on or before May 1, 2011, which coincides with the expiration date for incumbent BRS licenses, including the expiration date for Station WMY298. Under Section 27.14(o) of the Commissions Rules, a BRS licensee may demonstrate substantial service by showing that it meets one or more of five safe harbors: that it constructed six permanent links per one million people for licensees providing fixed point-to-point services; that it provided coverage of at least 30 percent of the population of the licensed area for licensees providing mobile services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-539A1_Rcd.pdf
  • applicable to BRS licenses and requiredBRS licensees to transition from their old channel locations to their new channel locations.3 3. On April 27, 2006, the Commission required all BRS and EBS licensees to demonstrate substantial service on or before May 1, 2011, which coincides with the expiration date for incumbent BRS licenses, including the expiration date for Station WMY298.4Under Section 27.14(o) of the 147 C.F.R. � 27.5(i)(2). 2SeeAmendment of Parts 1, 21, 73, 74 and 101 of the Commission's Rules to Facilitate theProvision of Fixed 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 (2004) (BRS/EBS R&O and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-541A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-541A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-541A1.txt
  • channel locations to their new channel locations. In addition, in 2006, the Commission ``grandfathered'' commercial licensees that had been authorized under the old rules to operate on educational channels. These licensees are now known as Commercial EBS licensees. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules. Under Section 27.14(o), all BRS, EBS, and Commercial EBS licensees were required to demonstrate substantial service on or before May 1, 2011. The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or Commercial EBS licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-541A1_Rcd.pdf
  • 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, (continued....) 3274 Federal Communications Commission DA 12-541 3. On April 27, 2006, the Commission adopted new construction requirements applicable to all BRS and EBS licensees, which were codified at Section 27.14(o) of the Commission's Rules.6Under Section 27.14(o), all BRS, EBS, and Commercial EBS licensees were required to demonstrate substantial service on or before May 1, 2011.7The Commission defines substantial service as a level of service, which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.8A BRS or Commercial EBS licensee may make a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-595A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-595A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-595A1.txt
  • at 7. Id. at 3. Touch Tel Corporation, Order on Reconsideration, 26 FCC Rcd 16488, 16489-90 �� 5-7 (WTB BD 2011) (Order on Reconsideration). Order on Reconsideration, 26 FCC Rcd at 16490 � 7. Touch Tel answered the questions on Form 601 and provided a complete showing to demonstrate that Station WNTA626 was providing substantial service, as required by Section 27.14(o) of the Commission's Rules. See 47 C.F.R. � 27.14(o). See also Guidance to Broadband Radio Service and Educational Broadband Service Licensees on Complying with Requirement to Provide Substantial Service by May 1, 2011, Public Notice, 26 FCC Rcd 2152 (WTB BD 2011). Order on Reconsideration, 26 FCC Rcd at 16489-90 �� 5-6. Petition for Reconsideration, Warren C. Havens, Environmentel, LLC,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-595A1_Rcd.pdf
  • Petition) at 4-8. 14Id.at 7. 15Id.at 3. 16Touch Tel Corporation, Order on Reconsideration, 26 FCC Rcd 16488, 16489-90 �� 5-7(WTB BD 2011) (Order on Reconsideration). 17Order on Reconsideration, 26 FCCRcd at 16490 � 7. Touch Tel answered the questions on Form 601 and provided a complete showing to demonstrate that Station WNTA626 was providing substantial service, as required by Section 27.14(o) of the Commission's Rules. See47 C.F.R. � 27.14(o). See alsoGuidance to Broadband Radio Service and Educational Broadband Service Licensees on Complying with Requirement to Provide Substantial Service by May 1, 2011, Public Notice, 26 FCC Rcd 2152 (WTB BD 2011). 18Order on Reconsideration, 26 FCC Rcd at 16489-90 �� 5-6. 4043 Federal Communications Commission DA 12-595 6.Inits January 9 Petition
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  • Repp: On October 26, 2011, Saint Michael's College (``Saint Michael's'') filed substantial service showings for each of its Educational Broadband Service (``EBS'') stations: WLX631, WLX640, WLX705, WLX706, WLX729, WLX933, and WLX936 (referred to collectively as the ``Stations'') located in the Burlington, Vermont area. On November 14, 2011, Saint Michael's amended the Substantial Service Showings to request a waiver of section 27.14(o)(4) of the Commission's Rules to make one combined showing for all seven Stations. For the reasons stated below, we grant the Waiver Request, find that Saint Michael's has demonstrated substantial service for the Stations, and dismiss as moot requests for extension of time to demonstrate substantial service. Background. Each of the Stations is authorized to operate on Channels D1-D4. On
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-7A1_Rcd.pdf
  • Ms. Repp: On October 26, 2011, Saint Michael's College ("Saint Michael's") filed substantial service showings for each of its Educational Broadband Service ("EBS") stations: WLX631, WLX640, WLX705, WLX706, WLX729, WLX933, and WLX936 (referred to collectively as the "Stations") located in the Burlington, Vermont area.1On November 14, 2011, Saint Michael's amended the Substantial Service Showings to request a waiver of section 27.14(o)(4) of the Commission's Rules to make one combined showing for all seven Stations.2For the reasons stated below, we grant the Waiver Request, find that Saint Michael's has demonstrated substantial service for the Stations, and dismiss as moot requests for extension of time to demonstrate substantial service. Background. Each of the Stations is authorized to operate on Channels D1-D4. On July
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  • 4021 (WTB 2011). Construction Notification, Amendment (filed May 7, 2012). File No. 0004964016 (filed Nov. 22, 2011) (``Renewal Application''). Notice of Return, Ref. No. 5309196 (Feb. 7, 2012) (``Renewal Application Notice of Return'') at 1-2. See 47 C.F.R. � 1.913(a)(2). Notice of Return, Ref. No. 5333763 (Mar. 17, 2012) (``Construction Notification Notice of Return'') at 1-2. See also 47 C.F.R. 27.14(o). Renewal Application Notice of Return at 1; Construction Notification Notice of Return at 1. Notice of Dismissal, Ref. No. 5364425 (May 1, 2012). The Bureau gave public notice of the dismissal of the Renewal Application on May 2, 2012. See Wireless Telecommunications Bureau Market-Based Applications Action, Report No. 7726, Public Notice (May 2, 2012) at 2. Construction Notification, Amendment (filed
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  • Commission defines substantial service as a level of service that is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. A BRS or EBS licensee may make a showing based on meeting the definition of substantial service or based on meeting one of the general safe harbors provided by the Commission in Section 27.14(o)(1) of the Commission's rules. BRS and EBS licensees offering point-to-point services may demonstrate substantial service by constructing six permanent links per one million people. In its Buildout Notification, StratusWave reports that it has constructed six point-to-point links within Station WQHJ858's geographic service area (GSA). StratusWave is using the station to establish point-to-point microwave links that ``provide broadband connectivity to public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-184135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-184135A1.txt
  • "effective competitive opportunities" test established by the Commission. '34 5. License Term; Renewal Expectancy 66. Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal.135 Section 27.14(c) establishes a licensee's right to a renewal expectancy.156 Most commenters addressing the issue endorsed this approach.'37 However, one commenter, in addressing the issue of performance requirements, expressed concern that new licensees might not be able to comply with performance requirements in some markets, 153 47 U.S.C. � 310(b). See Revisions to Part 21 of the Commission's Rules regarding the Multipoint
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  • Indeed, we find that Sections 309(j)(14) and 337(d)(2), and the accompanying legislative history cited by NAB, support our authority to facilitate the early relocation of incumbent broadcasters. Section 309Q)(14) contains an outside limit to continued analog operations (until December 31, 2006), subject to the possibility of an extension upon request of a station, and satisfaction of the stated 81See Section 27.14(a) of the Commission's Rules, which addresses performance standards, and incorporates this deadline by referencing �27.13.47 C.F.R. �� 27.13(b) and 27.14(a). 82 700 MHz First Report and Order, 15 FCC Red at 504 (n. 161). 83See discussion at paras. 53-56. 84 See, e.g., Amendment of Parts 2, 89, 91, and 93; Geographic Reallocation of UHF-TV Channels 14 through 20 to the
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  • - Oregon OR 3,348,011 2,378,725 991,302 29.61 Sprint - United Tel. Co. of the Northwest - Oregon OR 212,318 160,133 53,655 25.27 ALLTEL - Pennsylvania PA 543,484 399,833 144,495 26.59 Verizon - North - Contel/Pennsylania PA 122,769 95,876 33,499 27.29 Verizon - North - Contel/Quaker State PA 111,269 84,661 27,579 24.79 Verizon - North - Pennsylvania PA 1,238,914 952,572 336,227 27.14 Verizon - Pennsylvania PA 12,510,916 8,582,172 4,098,120 32.76 Sprint - United Telephone Co. of Pennsylvania PA 903,507 698,694 208,701 23.10 Verizon - Puerto Rico Telephone Company - Central PR 454,688 345,437 109,918 24.17 Verizon - Puerto Rico Telephone Company PR 3,220,292 2,314,707 909,952 28.26 Verizon - New England - Rhode Island RI 1,126,233 752,899 373,954 33.20 Verizon - South -
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  • - Oregon OR 3,348,011 2,378,725 991,302 29.61 Sprint - United Tel. Co. of the Northwest - Oregon OR 212,318 160,133 53,655 25.27 ALLTEL - Pennsylvania PA 543,484 399,833 144,495 26.59 Verizon - North - Contel/Pennsylania PA 122,769 95,876 33,499 27.29 Verizon - North - Contel/Quaker State PA 111,269 84,661 27,579 24.79 Verizon - North - Pennsylvania PA 1,238,914 952,572 336,227 27.14 Verizon - Pennsylvania PA 12,510,916 8,582,172 4,098,120 32.76 Sprint - United Telephone Co. of Pennsylvania PA 903,507 698,694 208,701 23.10 Verizon - Puerto Rico Telephone Company - Central PR 454,688 345,437 109,918 24.17 Verizon - Puerto Rico Telephone Company PR 3,220,292 2,314,707 909,952 28.26 Verizon - New England - Rhode Island RI 1,126,233 752,899 373,954 33.20 Verizon - South -
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  • 28.87 28.87 Louisiana Baton Rouge 22.25 20.81 20.93 20.66 19.57 19.57 19.57 20.47 23.17 23.00 23.65 23.28 23.28 Louisiana New Orleans 23.28 20.33 20.14 19.99 18.78 18.78 18.78 19.69 20.67 21.84 22.49 22.12 22.16 Maine Portland 18.24 18.27 17.99 18.19 19.12 19.70 22.53 23.34 24.72 26.31 26.99 27.63 27.72 Maryland Baltimore 24.98 24.98 24.98 24.98 24.98 24.67 24.67 25.73 26.47 27.14 28.09 27.94 28.06 Massachusetts Boston 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 29.76 Massachusetts Hyannis 20.43 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 29.76 Massachusetts Springfield 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 29.76 Michigan Detroit 19.25 19.55 19.50 19.42 19.42 19.76 22.50 25.99 27.12 27.77
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
  • United Telephone Co. of Pennsylvania PA 168,071 135,361 39,081 23.25 41.22 Verizon - Puerto Rico Telephone Company - Central PR 56,477 42,237 14,836 26.27 (27.80) Verizon - Puerto Rico Telephone Company PR 392,465 277,337 119,569 30.47 35.28 Verizon New England - Rhode Island RI 187,429 101,689 84,817 45.25 (30.74) Verizon South - Contel - South Carolina SC 22,951 17,020 6,230 27.14 21.00 Verizon South - South Carolina SC 95,664 72,650 29,180 30.50 17.72 BellSouth - South Carolina SC 829,923 599,489 277,858 33.48 21.24 Qwest - South Dakota SD 119,546 69,492 54,294 45.42 50.31 BellSouth - Tennessee TN 1,413,452 1,017,167 479,754 33.94 16.46 Sprint - United Telephone - Southeast - Tennessee TN 111,039 88,671 24,625 22.18 6.02 Sprint - Centel Telephone Co.
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  • United Telephone Co. of Pennsylvania PA 168,071 135,361 39,081 23.25 41.22 Verizon - Puerto Rico Telephone Company - Central PR 56,477 42,237 14,836 26.27 (27.80) Verizon - Puerto Rico Telephone Company PR 392,465 277,337 119,569 30.47 35.28 Verizon New England - Rhode Island RI 187,429 101,689 84,817 45.25 (30.74) Verizon South - Contel - South Carolina SC 22,951 17,020 6,230 27.14 21.00 Verizon South - South Carolina SC 95,664 72,650 29,180 30.50 17.72 BellSouth - South Carolina SC 829,923 599,489 277,858 33.48 21.24 Qwest - South Dakota SD 119,546 69,492 54,294 45.42 50.31 BellSouth - Tennessee TN 1,413,452 1,017,167 479,754 33.94 16.46 Sprint - United Telephone - Southeast - Tennessee TN 111,039 88,671 24,625 22.18 6.02 Sprint - Centel Telephone Co.
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  • and 90 as follows: PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: AUTHORITY: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. 3. Paragraph 8 of Appendix B is deleted. 4. Paragraph 12 of Appendix B is amended to read as follows: Section 27.14 is amended by revising the section heading, redesignating paragraph (e) as paragraph (f), and by adding new paragraph (e) to read as follows: � 27.14 Construction requirements; Criteria for renewal. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-746 MHz, 747-762 MHz, and 777-792 MHz bands. These licensees must
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  • MHz and 793-805 MHz are available for assignment to the public safety services, as described in Part 90 of this chapter. Section 27.6(b)(3) of the Commission's Rules is revised to read as follows: ``(3) Service area for Block D in the 758-763 MHz and 788-793 MHz bands is a nationwide area as defined in paragraph (a) of this section.'' Sections 27.14(a) and (e) of the Commission's Rules are revised to read as follows: AWS and WCS licensees, with the exception of WCS licensees holding authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.txt
  • -1.43 15.42 70.70 200257 C SPRUCE KNOB SENECA ROCKS TEL., INC. 1.60 0.54 1.05 -1.73 200258 A WAR ACQUISITION CORP. DBA WAR TELEPHONE CO. 0.31 -3.33 3.77 3.27 200259 C HARDY TELECOMMUNICATIONS, INC. -2.74 5.56 -7.86 -18.52 200267 C ARMSTRONG TEL. CO. 9.80 -1.81 11.82 25.34 200271 C CITIZENS TEL OF WVA DBA FRONTIER COMM OF WVA -7.30 -0.30 -7.02 -27.14 200277 C WEST SIDE TEL. CO.-WV -4.52 -0.18 -4.34 -48.59 204338 C CITIZENS TEL CO OF WVA DBA FRONTIER COMM -8.17 -0.82 -7.41 -41.31 204339 C CITIZENS TEL CO OF WVA DBA FRONTIER COMM -7.80 -2.19 -5.73 -42.98 205050 C VERIZON WEST VIRGINIA INC. -3.61 -3.03 -0.59 -100.00 TOTAL WISCONSIN -1.59 -6.83 5.63 4.44 330841 C CENTURYTEL OF THE MIDWEST-WI/CENCOM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A5.txt
  • -1.43 15.42 70.70 200257 C SPRUCE KNOB SENECA ROCKS TEL., INC. 1.60 0.54 1.05 -1.73 200258 A WAR ACQUISITION CORP. DBA WAR TELEPHONE CO. 0.31 -3.33 3.77 3.27 200259 C HARDY TELECOMMUNICATIONS, INC. -2.74 5.56 -7.86 -18.52 200267 C ARMSTRONG TEL. CO. 9.80 -1.81 11.82 25.34 200271 C CITIZENS TEL OF WVA DBA FRONTIER COMM OF WVA -7.30 -0.30 -7.02 -27.14 200277 C WEST SIDE TEL. CO.-WV -4.52 -0.18 -4.34 -48.59 204338 C CITIZENS TEL CO OF WVA DBA FRONTIER COMM -8.17 -0.82 -7.41 -41.31 204339 C CITIZENS TEL CO OF WVA DBA FRONTIER COMM -7.80 -2.19 -5.73 -42.98 205050 C VERIZON WEST VIRGINIA INC. -3.61 -3.03 -0.59 -100.00 TOTAL WISCONSIN -1.59 -6.83 5.63 4.44 330841 C CENTURYTEL OF THE MIDWEST-WI/CENCOM
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A6.txt
  • Disbursed per Student Commitments per Student Alabama 730,140 $25,979,075 $35.58 $21,669,724 $29.68 $4,309,351 $5.90 Alaska 132,970 19,029,693 143.11 15,414,544 115.92 3,615,149 27.19 American Samoa 16,126 2,194,572 136.09 2,101,584 130.32 92,988 5.77 Arizona 1,043,298 57,458,298 55.07 35,600,358 34.12 21,857,940 20.95 Arkansas 463,115 19,192,541 41.44 12,868,161 27.79 6,324,380 13.66 California 6,441,557 257,035,755 39.90 174,645,639 27.11 82,390,116 12.79 Colorado 765,976 26,302,045 34.34 20,789,535 27.14 5,512,510 7.20 Connecticut 577,390 32,303,694 55.95 19,614,392 33.97 12,689,302 21.98 Delaware 119,091 461,661 3.88 394,791 3.32 66,870 0.56 Dist. of Columbia 76,714 10,663,833 139.01 6,329,055 82.50 4,334,778 56.51 Florida 2,639,336 64,008,215 24.25 47,940,471 18.16 16,067,744 6.09 Georgia 1,553,437 67,182,523 43.25 48,120,112 30.98 19,062,411 12.27 Guam 30,605 5,811,558 189.89 4,671,039 152.62 1,140,519 37.27 Hawaii 183,185 3,192,205 17.43 1,786,165 9.75 1,406,040 7.68
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  • pre-transition facilities (including modifications that do not alter the fundamental nature or use of the transmissions), the signal strength at such point that resulted from the station's operations immediately prior to the transition, provided that such operations complied with paragraph (a)(4)(i) of this section. *****'' In Paragraph 143 and footnote 582, the BRS/EBS substantial service rule is identified as Section 27.14(e). While that reference was correct when the rule was adopted, the rule was subsequently inadvertently deleted in another proceeding. Accordingly, we will add the following footnote in Paragraph 143, fourth sentence after the phrase ``Section 27.14(e) of the Commission's Rules (adopted by the Commission in the BRS/EBS 2nd R&O)'': We note that subsequent to the adoption of the BRS/EBS substantial
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  • is located in the upper portion (the 758-763 and 788-793 MHz bands) of the 700 MHz Band. See ``Auction of 700 MHz Band Licenses Scheduled for January 24, 2008; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures for Auction 73 and 76,'' Public Notice, DA 07-4171, 22 FCC Rcd 18,141, 18,143 n.1 (2007)(WTB). 47 C.F.R. � 27.14(m)(1); 700 MHz Second Report and Order, � 437. Auction of 700 MHz Band Licenses; Revised Procedure for Auctions 73 and 76: Additional Default Payment for D Block Set at Ten Percent of Winning Bid Amount; Disputed Issues in the Negotiation of Network Sharing Agreement, Public Notice, DA 07-4514 (rel. Nov. 2, 2007) (WTB PSHSB). Public Safety and Homeland Security Bureau
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  • 20.81 20.93 20.66 19.57 19.57 19.57 20.47 23.17 23.00 23.65 23.28 23.33 22.53 23.28 Louisiana New Orleans 23.28 20.33 20.14 19.99 18.78 18.78 18.78 19.69 20.67 21.84 22.49 22.12 22.16 22.68 22.86 Maine Portland 18.24 18.27 17.99 18.19 19.12 19.70 22.53 23.34 24.72 26.31 26.99 27.63 28.55 27.77 27.79 Maryland Baltimore 24.98 24.98 24.98 24.98 24.98 24.67 24.67 25.73 26.47 27.14 28.09 27.94 28.06 28.86 28.94 Massachusetts Boston 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 29.76 29.80 29.95 Massachusetts Hyannis 20.43 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 29.76 29.80 29.95 Massachusetts Springfield 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 29.76 29.80 29.95 Michigan Detroit 19.25 19.55
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  • 51,571 23.85 Qwest - Iowa IA 2,414,973 1,642,151 772,820 32.00 AT&T - Southwestern Bell - Kansas KS 3,183,257 2,210,794 972,460 30.55 Windstream Kentucky East - London KY 347,637 267,176 80,461 23.15 Windstream Kentucky East - Lexington KY 1,401,453 1,050,005 351,450 25.08 Cincinnati Bell Telephone - Kentucky KY 448,411 340,006 108,423 24.18 AT&T - BellSouth - Kentucky KY 3,303,150 2,406,632 896,517 27.14 AT&T - BellSouth - Louisiana LA 5,779,168 4,319,997 1,459,171 25.25 Verizon New England - Maine ME 1,861,363 1,308,867 552,496 29.68 Verizon Maryland MD 8,442,038 5,686,571 2,755,466 32.64 Verizon New England - Massachusetts MA 11,184,208 7,098,815 4,085,393 36.53 Verizon North - Michigan MI 1,700,482 1,298,751 401,732 23.62 AT&T - Ameritech - Michigan Bell MI 11,685,982 8,993,343 2,692,639 23.04 Qwest - Minnesota
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  • 51,571 23.85 Qwest - Iowa IA 2,414,973 1,642,151 772,820 32.00 AT&T - Southwestern Bell - Kansas KS 3,183,257 2,210,794 972,460 30.55 Windstream Kentucky East - London KY 347,637 267,176 80,461 23.15 Windstream Kentucky East - Lexington KY 1,401,453 1,050,005 351,450 25.08 Cincinnati Bell Telephone - Kentucky KY 448,411 340,006 108,423 24.18 AT&T - BellSouth - Kentucky KY 3,303,150 2,406,632 896,517 27.14 AT&T - BellSouth - Louisiana LA 5,779,168 4,319,997 1,459,171 25.25 Verizon New England - Maine ME 1,861,363 1,308,867 552,496 29.68 Verizon Maryland MD 8,442,038 5,686,571 2,755,466 32.64 Verizon New England - Massachusetts MA 11,184,208 7,098,815 4,085,393 36.53 Verizon North - Michigan MI 1,700,482 1,298,751 401,732 23.62 AT&T - Ameritech - Michigan Bell MI 11,685,982 8,993,343 2,692,639 23.04 Qwest - Minnesota
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  • Proposed Rulemaking, 25 FCC Rcd 4181 (2010); Second Report and Order, FCC 11-52 (rel. Apr. 7, 2011) ( Commercial Data Roaming Second Report and Order). See also 47 C.F.R. � 20.12. 35 See, e.g., Communications Assistance for Law Enforcement Act, CC Docket No. 97-213, Second Report and Order, 15 FCC Rcd 7105 (2000). 36 See, e.g., 47 C.F.R. �� 24.203, 27.14. 37 Presentation of Christoper Guttman-McCabe, V.P. Regulatory A airs, CTIA-The Wireless Association, FCC Workshop on the Future of Media and the Information Needs of Communities: Serving the Public Interest in the Digital Era (Mar. 4, 2010), at 4, available at http://reboot.fcc. gov/c/document_library/get_file?uuid=f20f4ad8-e082-443c-a4fe- 6672df61b4e4&groupId=101236. 38 Id. 39 See Open Internet Report & Order 2010, 25 FCC Rcd at 17956-17962, 17992-17993 (2010)
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  • action that would require the involuntary termination of operations on these channels, but clarifies that it is neutral on the issue of whether a broadcaster can voluntarily sell its facility to a third party and thereby terminate free, over-the-air service on that channel. ALTV ex parte filing, May 18, 2000. Motorola Reply at 2. Motorola Comments at 7-8. See Section 27.14(a) of the Commission's Rules, which addresses performance standards, and incorporates this deadline by referencing �27.13. 47 C.F.R. �� 27.13(b) and 27.14(a). 700 MHz First Report and Order, 15 FCC Rcd at 504 (n.161). See discussion at paras. 53-56. See, e.g., Amendment of Parts 2, 89, 91, and 93; Geographic Reallocation of UHF-TV Channels 14 through 20 to the Land Mobile
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1.pdf
  • and nationwide licenses tailored to their particular business needs. 4. License Term; Renewal Expectancy 72. Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal.157 Section 27.14(b) establishes a licensee's right to a renewal expectancy.158 In the 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006.159 We determined that a license
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-90A1_Erratum.doc
  • together regional and nationwide licenses tailored to their particular business needs. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(b) establishes a licensee's right to a renewal expectancy. In the 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We determined that a license
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  • future. For the investment to be rational, the [. . . predator] must have a reasonable expectation of recovering in the form of later monopoly profits, more than the losses suffered.''). See VoiceStream DT Application at 23-24; VoiceStream Powertel DT Reply at 5. See VoiceStream DT Application at 22; Powertel DT Application at 2, 10, 19. 47 C.F.R. �� 24.203, 27.14. See, e.g., Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993) (``Without [recoupment], predatory pricing produces lower aggregate prices in the market, and consumer welfare is enhanced. . . . [U]nsuccessful predation is in general a boon to consumers.''). VoiceStream/CIRI Order, 15 FCC Rcd at 24699-700, paras. 17-19. See id. at 24701 n.67. WITCO Petition
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  • to sunset the cap three months after the statutory deadline for auctioning Lower 700 MHz Band licenses. License Term; Renewal Expectancy Background. In the Notice, the Commission sought comment on whether to adopt the same Part 27 license term and renewal provisions for the Lower 700 MHz Band that apply to the Upper 700 MHz Commercial Band. Sections 27.13 and 27.14(b) of the Commission's rules contain the license term limits and renewal expectancy provisions for Part 27 licensees. Section 27.13(b) provides that all non-broadcast licenses in the Upper 700 MHz Band extend until January 1, 2015, while a licensee providing broadcast services is limited to a term of eight years from commencement of operations. Section 27.14(b) defines the renewal expectancy established
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  • broadcast services, which are limited to an eight-year license term. The statute also specifies renewal criteria for broadcast stations. Part 27 of the Commission's rules provides for license term limits and renewal expectancy for other than new broadcast-type services. Section 27.13(a) limits license terms for certain licensees to 10 years from the date of original issuance or renewal, and Section 27.14(b) establishes a right to a renewal expectancy. In the Upper 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We decided that initial licenses
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  • years for licenses in the broadcast services. See 47 U.S.C. � 307(c)(1); see also 47 C.F.R. � 73.1020(a). The Table of Allocations does not permit broadcast use of the 1710-1755 MHz or 2110-2155 MHz bands. See supra n.4. E.g., 47 C.F.R. �� 24.15, 27.13(a). See 47 U.S.C. � 151 et seq.; 47 C.F.R. � 22.940(a)(1)(i) (cellular), � 24.16(a) (PCS), � 27.14 (WCS and 700 MHz). See, e.g., 47 C.F.R. �� 22.940(a)(1)(i), 24.16(a), 27.14(a). See AWS Allocation Order, �� 22-25. See Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed Service, MM Docket No. 94-131, Report and Order, 10 FCC Rcd 9589, 9614 � 46
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  • interest by meeting another statutory goal of performance requirements to ensure prompt delivery of service to rural areas. .... Furthermore...the fact that Monet intends to provide broadband services, and not traditional voice services, to these sparsely-populated areas furthers the Commission's goal of bringing advanced services to rural areas.''). See, e.g., 47 C.F.R. � 22.940(a)(1)(i) (Cellular Radiotelephone Service); 47 C.F.R. � 27.14(a) (Wireless Communications Services); and 47 C.F.R. � 101.1413(b) (Multichannel Video Distribution and Data Service). See Amendment of the Commission's Rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands, Report and Order and Second Notice of Proposed Rule Making, 12 FCC Rcd 18600, 18622-26, �� 39-50 (1997). See, e.g., Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications
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  • geographic areas or population (e.g., point-to-point fixed service), but nonetheless provides a benefit to consumers, also may meet the standard. See, e.g., Amendment of Part 90 of the Commission's Rules to Provide for the Use of the 220-222 MHz Band by the Private Land Mobile Radio Service, 12 FCC Rcd 10943 � 158 (1998). See, e.g., 47 C.F.R. �� 22.503(k)(3), 27.14; 90.685(b), 95.831, 101.527(a), 101.1011(a). Our proposal includes only those types of geographic licenses where our rules require that only a portion of the area be constructed. A substantial service option is one way to provide these licensees flexibility in determining which areas within their geographic license to build based on demand, market conditions, and their business plans. We do not
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  • of time will be available to recoup the initial costs of developing and deploying advanced wireless networks in the these bands. We also agree with the commenters that licensees in the 1710-1755 and 2110-2155 MHz bands should have the right to the same renewal expectancy as other Part 27 licensees and, therefore, will apply the renewal expectancy provisions of section 27.14 of our rules applicable to these licensees. This section provides that a renewal applicant receives a preference or renewal expectancy if the applicant has provided substantial service during its past license term and has complied with the Communications Act and applicable Commission rules and policies. According to this section, substantial service is defined as ``service which is sound, favorable, and
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  • FCC Rcd at 6800, 6802-03 �� 191, 193-97. 47 USC �309(j)(4)(B). See Facilitating the Provision of Spectrum-Based Services to Rural Areas and Promoting Opportunities for Rural Telephone Companies to Provide Spectrum-Based Services, Notice of Proposed Rulemaking, 18 FCC Rcd 20802, 20819 � 34 (2003) (Rural NPRM). See Rural NPRM, 18 FCC Rcd at 20819 � 34. See 47 C.F.R. � 27.14(a) (2004). 47 C.F.R. � 27.14(a). See, e.g., Rural NPRM, 18 FCC Rcd at 20819 � 34 (``In more recently adopted rules for wireless services, such as our Part 27 rules for private services, Lower and Upper 700 MHz, 39 GHz, and 24 GHz, the Commission established the substantial service standard as the only construction requirement.''). See also Coalition Proposal at
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  • licensees. For some services, such as LMDS and 39 GHz, the Commission has adopted only a ``substantial service'' construction requirement. See 47 C.F.R. �� 101.1011(a) (LMDS), 101.17(a) (39 GHz). Substantial service generally has been defined as service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. See, e.g., 47 C.F.R. �� 22.503(k)(3), 27.14, 90.685(b), 95.831, 101.527(a), 101.1011(a). For example, in some wireless services, the Commission indicated that licensees providing niche, specialized, or technologically sophisticated services may be considered to be providing ``substantial service.'' See, e.g., Amendment to Parts 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896-901 MHz and
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  • with our statutory mandate to promote the development and rapid deployment of new technologies, products, and services; economic opportunity and competition; and the efficient and intensive use of the electromagnetic spectrum. We seek comment on this tentative conclusion and these views. License Term; Renewal Expectancy We propose a 10-year license term and to apply the renewal expectancy provisions of section 27.14 to licensees in these bands. The Communications Act imposes no specific term limit on licenses that will be issued by the Commission for this spectrum. Generally, however, the Commission's rules provide for a 10-year license term for wireless licenses. We propose that in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands, the license term be 10 years,
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  • applicant. See 47 C.F.R. �� 22.911, 22.947, 22.949. In other services, licensees may satisfy construction requirements by offering ``substantial service'' in their licensed area. See, e.g., 47 C.F.R. �� 24.203(b) (substantial service as alternative to specific build-out requirements for 10 MHz broadband PCS licensees), 90.685 (substantial service as alternative to specific build-out requirements for Economic Area Specialized Mobile Radio licensees); 27.14(a) (substantial service requirement for Wireless Communications Services licensees). Substantial service was established for circumstances where the Commission has determined that more flexible construction requirements rather than fixed benchmarks would more likely result in the efficient use of spectrum and the provision of service to rural, remote, and insular areas. See Amendment of the Commission's Rules to Establish Part 27, the
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  • adopting EAGs for two of the three paired blocks, the Commission acknowledged that one of its main goals was ``making it possible to aggregate 24 megahertz of paired spectrum within the same EAG,'' an amount of spectrum comparable to 25-megahertz cellular licenses and 30-megahertz broadband PCS licenses. 700 MHz Band Performance Requirements. The Commission adopted ``substantial service,'' specified in Section 27.14(a) of the Commission's rules, as the only performance requirement for the Upper 700 MHz Band in 2000. Two years later, in 2002, the Commission adopted an identical requirement for the Lower 700 MHz Band. In these bands, substantial service means service that is ``sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal.'' In
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  • for channels in operation in this service. The 125 kHz channels previously associated with these channels have been reallocated to Channel G3 in the upper band segment. (3) During the transition (see �� 27.1230-27.1239 of this part) EBS and BRS licensees may exchange channels to effectuate the transition of the 2.5 GHz band in a given BTA. ***** Amend � 27.14 by adding a new paragraph (e) to read as follows: � 27.14 Construction requirements; Criteria for comparative renewal proceedings. ***** (e) BRS and EBS licensees must make a showing of ``substantial service'' no later than May 1, 2011. Incumbent BRS licensees must file their ``substantial service'' showing with their renewal application. ``Substantial service'' is defined as service which is sound,
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  • Performance Requirements Background. The Commission first adopted performance requirements for the commercial services in the Upper 700 MHz Band, and then subsequently followed with similar rules for the Lower 700 MHz Band. In the Upper 700 MHz First Report and Order, the Commission required that licensees in the 746-764 and 776-794 MHz Bands provide ``substantial service,'' as outlined in Section 27.14(a) of its rules. These rules require licensees to provide ``substantial service'' within ten years of license issuance. The Upper 700 MHz First Report and Order also established safe harbors for licensees with regard to the substantial service requirement. Specifically, a licensee would be considered to be providing ``substantial service'' in the licensed service area if it constructs four permanent links
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-132A1_Erratum.doc
  • Performance Requirements Background. The Commission first adopted performance requirements for the commercial services in the Upper 700 MHz Band, and then subsequently followed with similar rules for the Lower 700 MHz Band. In the Upper 700 MHz First Report and Order, the Commission required that licensees in the 746-764 and 776-794 MHz Bands provide ``substantial service,'' as outlined in Section 27.14(a) of its rules. These rules require licensees to provide ``substantial service'' within ten years of license issuance. The Upper 700 MHz First Report and Order also established safe harbors for licensees with regard to the substantial service requirement. Specifically, a licensee would be considered to be providing ``substantial service'' in the licensed service area if it constructs four permanent links
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  • U.S.C. �� 154(i), 309 that the following conditions SHALL BE IMPOSED on any authorizations issued to StratusWave as a result of the applications it has filed: StratusWave shall make a showing of substantial service by December 31, 2009. If StratusWave fails to make a showing of substantial service by December 31, 2009, this authorization shall be forfeited pursuant to Section 27.14(a) of the Commission's Rules. StratusWave shall not assign or transfer this license (other than a pro forma assignment or transfer) until the Commission has accepted a demonstration of substantial service for this authorization. This authorization may not be renewed. Within 30 days after receiving notification from a new co-channel or adjacent-channel EBS licensee that such EBS licensee wishes to commence
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  • 28, 2007) (reporting that Alcatel-Lucent has announced the availability of its intelligent, beamforming antenna, which transmits dedicated beams to each active user, which follows them as they move through the base station's coverage area, making more efficient use of spectrum and reducing interference, resulting in capacity gains). See M2Z Application at Appendix 2 at 2. See, e.g., 47 C.F.R. � 27.14(e)(1) (Broadband Radio Service (BRS) construction requirements and safe harbors); Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket No. 06-150, Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-309, Biennial Regulatory Review - Amendment
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  • these bands is consistent with our statutory mandate to promote the development and rapid deployment of new technologies, products, and services; economic opportunity and competition; and the efficient and intensive use of the electromagnetic spectrum. We seek comment on these views. License Term We propose to establish a 10-year license term and to apply the renewal expectancy provisions of section 27.14 to licensees in these bands. The Communications Act imposes no specific term limit on licenses that will be issued by the Commission for this spectrum. Generally, however, the Commission's rules provide for a 10-year license term for wireless licenses. We propose that in the 2155-2175 MHz band the license term be 10 years, with a renewal expectancy similar to that
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  • kilometers of key radio astronomy facilities that perform observations in the adjacent 1660.5-1670 MHz band. BACKGROUND In 2003, OP Corporation won an exclusive 5-MHz nationwide license in the 1670-1675 MHz band in FCC Auction No. 46, which it assigned (pro forma) in 2004 to OP LLC. The license has a ten-year term, expiring on October 1, 2013 and, under Section 27.14(a), a showing of substantial service in the licensed area is required by the end of the ten-year term. Section 27.902 authorizes licensees in this band ``to provide fixed or mobile service, except aeronautical mobile service,'' pursuant to technical requirements specified in Subpart J, Part 27 of the Commission's rules. Crown Castle states that it intends to use the 1670-1675 MHz
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  • Marlene H. Dortch, Secretary, FCC, dated Jan. 5, 2007. Letter from Paul J. Sinderbrand, Counsel to the WCS Coalition, to Marlene H. Dortch, Secretary, FCC, dated July 9, 2007 (``WCS July 2007 Letter''). Consolidated Request of the WCS Coalition for Limited Waiver of Construction Deadline for 132 WCS Licenses, Order, 21 FCC Rcd 14134 (WTB, 2006) (``WCS Extension Order''). Section 27.14(a) of the Commission's rules requires WCS licensees to make a showing of substantial service in their license area by the end of their initial 10-year license term, which commenced on July 21, 1997. 47 C.F.R. � 27.14(a). WCS Extension Order, 21 FCC Rcd at 14137 � 5. Id. at 14140-41 � 12. WiMAX (World Interoperability for Microwave Access) is a
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  • renewal of licenses in the wireless radio services, including services in the 700 MHz Commercial Services Band. Although the rule states that ``[a]dditional renewal requirements applicable to specific services are set forth in the subparts governing those services,'' Part 27 contains no provisions on the specific renewal process to the extent a competing application is not received. In addition, Section 27.14(b)-(d) of the Commission's rules, which indicates that a comparative process is used to choose among renewal and competing applicants, does not describe the type of comparative hearing to be employed. If a 700 MHz Commercial Services licensee's renewal application is not contested and no competing applications are received, then the licensee has no affirmative renewal filing obligation codified in the
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  • renewal of licenses in the wireless radio services, including services in the 700 MHz Commercial Services Band. Although the rule states that ``[a]dditional renewal requirements applicable to specific services are set forth in the subparts governing those services,'' Part 27 contains no provisions on the specific renewal process to the extent a competing application is not received. In addition, Section 27.14(b)-(d) of the Commission's rules, which indicates that a comparative process is used to choose among renewal and competing applicants, does not describe the type of comparative hearing to be employed. If a 700 MHz Commercial Services licensee's renewal application is not contested and no competing applications are received, then the licensee has no affirmative renewal filing obligation codified in the
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  • Management Association (NEMA). See ``Public Safety and Homeland Security Bureau and Wireless Telecommunications Bureau Announce the Four At-Large Members of the Public Safety Broadband Licensee's Board of Directors,'' Public Notice, 22 FCC Rcd 19475 (2007). Second Report and Order, 22 FCC Rcd at 15423-26 � 375. Id. at 15426 � 376. Id. at 15426 � 377. 47 C.F.R. �� 27.1305, 27.14(m). Second Report and Order, 22 FCC Rcd at 15433 � 405. Id. Id. at 15434 � 406. Id. at 15426 � 383. Id. at 15433-34 � 405. We seek comment on the responsibilities of the D Block licensee with regard to the operation of the shared network elsewhere herein. . See AT&T Petition for Reconsideration at 4-5. See Second Report
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  • for the 2155-2180 MHz band will have a term not to exceed ten years from the date of initial issuance or renewal. (i) The paired 1915-1920 MHz and 1995-2000 MHz bands. Initial authorizations for the paired 1915-1920 MHz and 1995-2000 MHz bands will have a term not to exceed ten years from the date of initial issuance or renewal. Section 27.14 is revised as follows: � 27.14 Construction requirements; Criteria for renewal. (a) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757
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  • of the license term if no broadcast service had been provided, whichever period is shorter in length. (c) The paired 758-763 and 788-793 MHz bands. Initial WCS authorizations for the paired 758-763 MHz and 788-793 MHz bands will have a term not to exceed 15 years from the date of initial issuance or renewal. * * * * * Section 27.14 is amended by renumbering paragraph (o) as paragraph (q) and by revising paragraphs (e), (m), (n), and (o), and adding paragraph (p), to read as follows: � 27.14 Construction requirements; Criteria for renewal. * * * * * (e) Comparative renewal proceedings do not apply to WCS licensees holding authorizations for the 698-757 MHz and 776-787 MHz bands. These licensees
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  • 20347 Appendix A (Market-Specific Analysis of Markets Involving Divestiture), Texas 10-Navarro; see also Verizon Wireless-RCC Order, 23 FCC Rcd at 12541 (Appendix B Market-Specific Analysis of Markets Involving Divestiture), Vermont 1-Franklin. At the time of the AT&T-Dobson Order, the transition had been completed in only 113 BTAs. See AT&T-Dobson Order, 22 FCC Rcd at 20315 n.128. See 47 C.F.R. � 27.14(o). See AT&T-Dobson Order, 22 FCC Rcd at 20314 �� 32-33. See id. at 20342 Appendix A (Market-Specific Analysis of Markets Involving Divestiture); see also Verizon-RCC Order, 23 FCC Rcd at 12532 Appendix B (Market-Specific Analysis of Markets Involving Divestiture). See Ex Parte Presentation, T-Mobile USA, WT Docket No. 07-195 at 3 (Jul. 18, 2008). See Sprint Nextel-Clearwire Order, FCC 08-259,
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  • See AT&T-Dobson Order, 22 FCC Rcd at 20347 Appendix A (Market-Specific Analysis of Markets Involving Divestiture), Texas 10-Navarro; see also Verizon-RCC Order, 23 FCC Rcd at 12541 (Appendix B Market-Specific Analysis of Markets Involving Divestiture), Vermont 1-Franklin. At the time of the AT&T-Dobson Order, the transition had been completed in only 113 BTAs. Id. at n.128. See 47 C.F.R. � 27.14(o). See 47 C.F.R. � 27.1222. 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, Order on Reconsideration and Fifth Memorandum Opinion and Order and Third Memorandum Opinion and Order and Second Report and
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  • considered. With regard to highly truncated GSAs, WCA recommends that an incumbent BRS or EBS licensee be deemed to have provided substantial service when the GSA for all of its channels is less than 1924 square miles in size (i.e., is less than one-half of a 35-mile radius circle) and the licensee satisfies one of the safe harbors in Section 27.14(e) of the Commission's Rules (adopted by the Commission in the BRS/EBS 2nd R&O) in its former PSA (including areas that are within overlapping co-channel incumbent GSAs licensed to or released by the licensee or its lessee). WiMAX supports WCA's position, and CTN and NIA support WCA's position with regard to EBS licensees. Discussion. We agree with WCA that it is
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  • ``the spectrum excluded from the definition of recovered analog spectrum by subclauses (I) and (II) of such section.'' Thus, ``recovered spectrum,'' as defined in the DTV Delay Act, includes all spectrum between frequencies 698 and 806 megahertz, inclusive (700 MHz Band). In this Report and Order, we conform the license period in section 27.13, and construction deadlines provided in section 27.14, to the provisions of section 2(c) of the DTV Delay Act. Section 27.13 of our rules currently provides that the license period for the licenses associated with the 698-763 MHz and 776-793 MHz bands are for a term not to exceed ten years from February 17, 2009, the previous digital television transition date. Section 27.14 of our rules similarly ties
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  • Spectrum by Encouraging the Development of Secondary Markets, Policy Statement, 15 FCC Rcd 24178 (2000). See Secondary Markets First Report and Order, 18 FCC Rcd at 20648-49 � 92 (recognizing that ``Commission adoption of more flexible use or technical rules for various Wireless Radio Services could well enhance the secondary market for spectrum usage rights''). See, e.g., 47 C.F.R. � 27.14(g). See 47 C.F.R. � 2.106 (2008). See 47 C.F.R. � 2.1 (2008) at ``Harmful Interference.'' The definition provides no quantitative guidance on what degree of signal degradation or how many interruptions over what period of time would meet the ``harmful'' threshold. Moreover, there are other factors that have a strong bearing on this determination, such as the nature and purpose
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  • of Spectrum by Encouraging the Development of Secondary Markets, Policy Statement, 15 FCC Rcd 24178 (2000). 28See Secondary Markets First Report and Order, 18 FCC Rcdat 20648-49 � 92 (recognizing that "Commission adoption of more flexible use or technical rules for various Wireless Radio Services could well enhance the secondary market for spectrum usage rights"). 29See, e.g., 47 C.F.R. � 27.14(g). 11331 Federal Communications Commission FCC 09-66 4. Interference Protection 34. Spectrum allocations and access often hinge on controlling interference between new services and incumbent services, as do licensing and service rules to some extent. The resolution of disputes about potential or actual interference in rulemakings can pose a major impediment to the introduction of new services, devices and technologies, either
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  • and Order to permit such simultaneous operation pre-transition in order to avoid requiring BRS operators to flash cut subscribers to the new band plan. Finally, in light of our decision adopting the WCA /NEBSA Proposal, we dismiss as moot a motion for stay filed by WCA. In the Third Further Notice of Proposed Rulemaking, we tentatively conclude to amend Section 27.14(o) of the Commission's Rules to change the substantial service deadline for BRS licenses granted after the effective date of the rule adopted in this proceeding from May 1, 2011 to four years from the date of initial grant in light of the Wireless Telecommunications Bureau's (Bureau) decision to auction BRS licenses in October 2009. We also propose other minor revisions
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  • Memorandum Opinion and Orderto permit such simultaneous operation pre-transitionin order to avoid requiring BRS operators to flash cut subscribers to the new band plan. Finally, in light of our decision adopting the WCA /NEBSA Proposal, we dismiss as moot a motion for stay filed by WCA.4 4.In the Third Further Notice of Proposed Rulemaking, we tentatively conclude to amend Section 27.14(o) of the Commission's Rules to change the substantial service deadline for BRS licenses granted after the effective date of the rule adopted in this proceeding from May 1, 2011 to four years from the date of initial grant in light of the Wireless Telecommunications Bureau's (Bureau) decision to auction BRS licenses in October 2009.5We also propose other minor revisions to
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  • by lottery were required to be satisfied more than three years ago, and there are no lottery-based licensees subject to the three-year period at this time. The Commission moreover no longer issues 218-219 MHz Service licenses by lottery, and section 95.813(b) thus no longer serves the Commission's intended purpose. Therefore, we propose to eliminate section 95.813(b) and to apply section 27.14(a) to 218-219 MHz Service licensees, which states that failure by any licensee to meet its construction requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. Part 27 services are not subject to the restriction found in section 95.813(b), and we believe that continued application of section 95.813(b) unnecessarily penalizes a licensee that
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  • by lottery were required to be satisfied more than three years ago, and there are no lottery-based licensees subject to the three-year period at this time. The Commission moreover no longer issues 218-219 MHz Service licenses by lottery, and section 95.813(b) thus no longer serves the Commission's intended purpose. Therefore, we propose to eliminate section 95.813(b) and to apply section 27.14(a) to 218-219 MHz Service licensees, which states that failure by any licensee to meet its construction requirement will result in forfeiture of the license and the licensee will be ineligible to regain it.159Part 27 services are not subject to the restriction found in section 95.813(b), and we believe that continued application of section 95.813(b) unnecessarily penalizes a licensee that may
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  • 86, and any subsequent auction of BRS licenses, to demonstrate substantial service on or before four years from the dates their respective licenses are granted. We tentatively concluded that a four-year time period would allow new licensees sufficient time to build out their systems and put the spectrum to use. We also proposed to revise the introductory text to Section 27.14(o) of the Commission's Rules to state more clearly the Commission's intent to allow BRS or EBS licensees to demonstrate substantial service if their respective lessees met one of the safe harbors adopted by the Commission and to allow licenses to be combined for purposes of demonstrating substantial service under certain circumstances. Comments on the BRS/EBS Third FNPRM were due October
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  • for Auction 86, Public Notice, AU Docket No. 09-56, 24 FCC Rcd 4605 (WTB 2009) (Auction Public Notice). 10BRS/EBS Fourth MO&O, 23 FCC Rcd at 6038-6040 �� 122-128. 11Auction Public Notice. Auction of Broadband Radio Service (BRS) Licenses Closes Winning Bidders Announced for Auction 86, Public Notice, AUDocket No. 09-56, DA 09-2378 (WTB 2009) (Closing Public Notice).. 12See47 C.F.R. � 27.14(o). 13SeeAmendment 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, Fifth Memorandum Opinion and Order and Third Further Notice of Proposed Rulemaking,WT Docket No. 03-66, 24 FCC Rcd 12258, 12269 � 26 (2009) (BRS/EBS Third
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  • Part 1 Third Report and Order, 13 FCC Rcd at 439-40 � 110. Id. at 443 � 116. Id. at 439-40 �� 109-10; Part 1 Reconsideration of Third Report and Order, 15 FCC Rcd at 15,304-05 � 19. 47 C.F.R. � 1.2110(g)(3)(ii); see id. � 1.2110(b)(4)(x)(E)(3)(ii) (1994). Id. � 1.2110(g)(4); see id. � 1.2110(b)(4)(x)(E)(4) (1994). See, e.g., id. �� 24.16(b), 27.14(b)(2), 90.743(a)(2), 90.816(b)(1)(ii); see also the Communications Act of 1934, as amended, 47 U.S.C. �� 151-614. 47 C.F.R. � 1.2110(g); see id. � 1.2110(b)(4)(x)(E) (1994). Id. � 1.2110(g)(4); see id. � 1.2110(b)(4)(x)(E)(4) (1994). See, Alpine PCS, Inc., Requests for Waiver of the Installment Payment Rules and Reinstatement of Licenses, Memorandum Opinion and Order, 25 FCC Rcd 469, 482 � 20 (2010)
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  • to protect the integrity of the Commission's auction and licensing 22Part 1 Third Report and Order,13 FCC Rcdat 439-40 � 110. 23Id.at 443 � 116. 24Id.at 439-40 �� 109-10; Part 1 Reconsideration of Third Report and Order, 15 FCCRcd at 15,304-05 � 19. 2547 C.F.R. � 1.2110(g)(3)(ii); see id.� 1.2110(b)(4)(x)(E)(3)(ii) (1994). 26Id.� 1.2110(g)(4); see id.� 1.2110(b)(4)(x)(E)(4) (1994). 27See,e.g., id.�� 24.16(b), 27.14(b)(2), 90.743(a)(2), 90.816(b)(1)(ii); see also the Communications Act of 1934, as amended, 47 U.S.C. �� 151�614. 2847 C.F.R. � 1.2110(g); see id. � 1.2110(b)(4)(x)(E) (1994). 29Id.� 1.2110(g)(4); see id. � 1.2110(b)(4)(x)(E)(4) (1994). 30See,Alpine PCS, Inc., Requests for Waiver of the Installment Payment Rules and Reinstatement of Licenses, Memorandum Opinion and Order, 25 FCC Rcd 469, 482 � 20 (2010) ("Installment Payment
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  • procedures for the 2008 auction advised bidders that the rules governing auctioned licenses would be subject to ``pending and future proceedings'' before the Commission. See Auction of 700 MHz Band Licenses Scheduled for January 24, 2008, Public Notice, 22 FCC Rcd 18141, 18156, para. 42 (2007). See, e.g., AT&T PN Reply at 34-35. See, e.g., 47 C.F.R. �� 27.5(b)-(c), 27.6(b)-(c), 27.14, 27.53(c)-(e). See supra Part III.E. 47 U.S.C. � 154(k). In a similar vein, Section 257 of the Act directs the Commission to report to Congress every three years on ``market entry barriers'' that the Commission recommends be eliminated, including ``barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services.'' 47 U.S.C. �
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  • notice setting procedures for the 2008 auction advised bidders that the rules governing auctioned licenses would be subject to "pending and future proceedings" beforethe Commission. SeeAuction of 700 MHz Band Licenses Scheduled for January 24, 2008, Public Notice, 22 FCC Rcd 18141, 18156, para. 42 (2007). 441See, e.g., AT&T PN Reply at 34�35. 442See, e.g., 47 C.F.R. �� 27.5(b)�(c), 27.6(b)�(c), 27.14, 27.53(c)�(e). 443See supraPart III.E. 44447 U.S.C. � 154(k). In a similar vein, Section 257 of the Act directs the Commission to report to Congress every three years on "market entry barriers" that the Commission recommends be eliminated, including "barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services." 47 U.S.C. � 257(a)
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  • to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band and Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, Notice of Proposed Rulemaking and Second Further Notice of Proposed Rulemaking, WT Docket No. 07-293 and IB Docket No. 95-91, 22 FCC Rcd 22123 (2007) (``2007 Notice''). Section 27.14(a) of the Commission's rules provides that 2.3 GHz WCS licensees ``must, as a performance requirement, make a showing of `substantial service' in their license area within the prescribed license term set forth in � 27.13.'' 47 C.F.R. � 27.14(a). The rule defines substantial service ``as service which is sound, favorable and substantially above a level of mediocre service which just
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  • to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band and Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, Notice of Proposed Rulemaking and Second Further Notice of Proposed Rulemaking, WT Docket No. 07-293 and IB Docket No. 95-91, 22 FCC Rcd 22123 (2007) ("2007 Notice"). 2Section 27.14(a) of the Commission's rules provides that 2.3 GHz WCS licensees "must, as a performance requirement, make a showing of `substantial service' in their license area within the prescribed license term set forth in � 27.13." 47 C.F.R. � 27.14(a). The rule defines substantial service "as service which is sound, favorable and substantially above a level of mediocre service which just
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  • development, network design, and facility deployment, and that an extension would allow them to deploy newly developed WiMAX technology in the 2.3 GHz band in the next few years. WTB found that the possibility of WiMAX deployment warranted a 3-year extension of the initial 10-year construction requirement. Thus, the current deadline for meeting the construction requirements set forth in Section 27.14 of the Commission's rules was extended until July 2010 for WCS licensees. Procedural History 1997 Further Notice Although the Commission adopted service rules for most aspects of SDARS operations in 1997, it did not adopt rules governing terrestrial repeater operations at that time. Instead, the Commission concurrently issued a Further Notice of Proposed Rulemaking (1997 Further Notice) seeking comment on
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  • WCS equipment development, network design, and facility deployment, and that an extension would allow them to deploy newly developed WiMAX44 technology in the 2.3 GHz band in the next few years.45WTB found that the possibility of WiMAX deployment warranted a 3-year extension of the initial 10-year construction requirement.46Thus, the current deadline for meeting the construction requirements set forth in Section 27.14 of the Commission's rules was extended until July 2010 for WCS licensees. C. Procedural History 1. 1997 Further Notice 16. Although the Commission adopted service rules for most aspects of SDARS operations in 1997,47it did not adopt rules governing terrestrial repeater operations at that time. Instead, the Commission concurrently issued a Further Notice of Proposed Rulemaking(1997Further Notice) seeking comment on
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  • that strict enforcement of the construction deadline would be contrary to the public interest under the Waiver Order, which waived that deadline as being in the public interest. It adds that it believes Green Flag and CWC also filed putatively competing applications with AT&T's renewal applications, and that Green Flag and CWC request consideration under the comparative procedures of section 27.14. AT&T notes that under section 27.321(b), a comparative hearing will occur only when the Commission determines that such a hearing is in the public interest. AT&T asserts that the Commission, through the Bureau, has already determined that the public interest dictates extension of the construction deadline as granted in the Waiver Order. AT&T concludes that this Bureau public interest determination
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • of the renewal applicant) also may be specified for consideration by the ALJ. See47 C.F.R. � 22.935(c). 14See47 C.F.R. � 22.935(c). 15See47 C.F.R. � 22.935(c). The specific elements to be considered by the ALJ in comparing the competing applications are delineated in the rules. See47 C.F.R. � 22.940. 16See47 C.F.R. � 24.16; see generally47 C.F.R. Pt. 24. 17See47 C.F.R. � 27.14(e). 18See 47 C.F.R. � 27.14(b). Section 27.14(c) of the Commission's rules, 47 C.F.R. � 27.14(c), specifies the minimum information to be included by a "WCS renewal applicant" to establish a renewal expectancy, similar to the rules governing the cellular service. 19See"The Commission Seeks Public Comment in the 2008 Biennial Review of Telecommunications Regulations," WT Docket No. 08-182 et seq., Public
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-188A1.txt
  • particularly in rural areas, RTG asks that the Commission condition approval of this transaction on AT&T's compliance with accelerated buildout requirements for all of its 700 MHz licenses, including any spectrum acquired from Qualcomm as a result of this transaction. RTG requests that the Commission require AT&T to satisfy geographic-area based coverage requirements, including interim coverage requirements, consistent with Section 27.14(g) of the Commission's rules. The Applicants respond that accelerating 700 MHz performance standards would not address a transaction-specific harm. The Applicants further argue that by requesting that this condition apply to all 700 MHz spectrum held by AT&T, RTG is attempting to retroactively revise existing performance standards, which would unlawfully reduce the value of the licenses AT&T obtained at auction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-188A1_Rcd.pdf
  • Comments at i-ii. 200RTG Petition to Deny at 16. 201RTG Reply at 3. 202Joint Opposition at 28-30. 17620 Federal Communications Commission FCC 11-188 all of its 700 MHz licenses, including any spectrum acquired from Qualcomm as a result of this transaction.203RTG requests that the Commission require AT&T to satisfy geographic-area based coverage requirements, including interim coverage requirements, consistent with Section 27.14(g) of the Commission's rules.204The Applicants respond that accelerating 700 MHz performance standards would not address a transaction-specific harm. The Applicants further argue that by requesting that this condition apply to all 700 MHz spectrum held by AT&T, RTG is attempting to retroactively revise existing performance standards, which would unlawfully reduce the value of the licenses AT&T obtained at auction and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-29A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-29A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-29A1.txt
  • on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14,521 (1999). See Rural Radio Report and Order, 25 FCC Rcd 1583, 1596 � 26 and n.70, citing 47 C.F.R. � 73.3555 and Notes 1 and 2. 47 C.F.R. � 1.2110; see also Appendix A, proposed � 1.1002. 47 C.F.R. � 1.2110(c)(2). 47 C.F.R. � 24.203. Id. 47 C.F.R. � 27.14(a) (```Substantial service' is defined as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal.''). See Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, Second Report and Order, 22 FCC Rcd 15,289, 15,348-55 �� 153-175 (2007). The goals of the construction requirements also include preventing the stockpiling and warehousing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1.txt
  • KNKP971 IOA; FCC File No. 0004413839 (granted modification application filed by AT&T Galveston to expand service coverage, see Wireless Telecommunications Bureau Site-By-Site Action, Public Notice, Rep. No. 6637 (Feb. 23, 2011)). See Appendix E. 47 C.F.R. � 22.947. For Chambers, as no primary license has been issued, this 5-year period has never commenced. See Appendix E. See 47 C.F.R. � 27.14 (setting forth construction requirements and renewal criteria for, inter alia, 700 MHz licensees). In the case of automatic license termination, the Chambers license would be returned to the Commission's auction inventory for re-licensing. See, e.g., infra Section III.C. (seeking comment on whether to impose any performance benchmarks or other requirements for Overlay Licenses). See also infra Section III.G. (seeking comment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-20A1_Rcd.pdf
  • such markets due to changing demographics, technologies, or other factors. Under our current site-based rules, the one-year construction requirement will ensure prompt build-out of areas in these Blocks where licensees seek authorization to provide service. 11747 C.F.R. � 22.947. For Chambers, as no primary license has been issued, this 5-year period has never commenced. 118See Appendix E. 119See47 C.F.R. � 27.14 (setting forth construction requirements and renewal criteria for, inter alia, 700 MHz licensees). In the case of automatic license termination, the Chambers license would be returned to the Commission's auction inventory for re-licensing. 120See, e.g., infra Section III.C. (seeking comment on whether to impose any performance benchmarks or other requirements for Overlay Licenses). 1761 Federal Communications Commission FCC 12-20 37.We
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-31A1.txt
  • � 1 (2004) (Rural Report and Order); Principles for Reallocation of Spectrum to Encourage the Development of Telecommunications Technologies for the New Millennium, Policy Statement, 14 FCC Rcd 19868 (1999); Principles for Promoting the Efficient Use of Spectrum by Encouraging the Development of Secondary Markets, Policy Statement, 15 FCC Rcd 24178 (2000); 47 U.S.C. � 303(y). See 47 C.F.R. � 27.14(a); Lower 700 MHz Report and Order, 17 FCC Rcd at 1079 �� 149-51. Lower 700 MHz licenses have a term of ten years from June 13, 2009, except for any licensees providing broadcast services, which have a term not to exceed eight years. See 47 C.F.R. � 27.13(b). See 700 MHz Second Report and Order, 22 FCC Rcd at 15348
• 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
  • Areas (EAs) as defined in paragraph (a) of this section. Section 27.13 is amended by adding paragraph (i) to read as follows: � 27.13 License period. ***** (i) 2000-2020 MHz and 2180-2200 MHz bands. Authorizations for the 2000-2020 MHz and 2180-2200 MHz bands will have a term not to exceed ten years from the date of issuance or renewal. Section 27.14 is amended by revising the first sentence of paragraphs (a), (f), and (k), and adding paragraph (q) to read as follows: � 27.14 Construction requirements; Criteria for renewal. (a) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • broadcast services, which are limited to an eight-year license term. The statute also specifies renewal criteria for broadcast stations. Part 27 of the Commission's rules provides for license term limits and renewal expectancy for other than new broadcast-type services. Section 27.13(a) limits license terms for certain licensees to 10 years from the date of original issuance or renewal, and Section 27.14(b) establishes a right to a renewal expectancy. In the Upper 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We decided that initial licenses
• http://transition.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • investment to be rational, the [. . . predator] must have a reasonable expectation of recovering in the form of later monopoly profits, more than the losses suffered."). 259 See VoiceStream DT Application at 23-24; VoiceStream Powertel DT Reply at 5. 260 See VoiceStream DT Application at 22; Powertel DT Application at 2, 10, 19. 261 47 C.F.R. �� 24.203, 27.14. 262 See, e.g., Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993) ("Without [recoupment], predatory pricing produces lower aggregate prices in the market, and consumer welfare is enhanced. . . . [U]nsuccessful predation is in general a boon to consumers."). Federal Communications Commission FCC 01-142 53 3. Rural Market Entry 93. Several commenters further argue
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • FCC 98-25 H-1 APPENDIX H PROPOSED RULES - PART 27 CURRENT SUBJECT PROPOSED NEW OR RULE (proposed change) REVISED RULE NUMBER NUMBER 27.3 Other applicable rule parts (change to revise description 27.3 of Part 1). 27.4 Terms and definitions (to add ULS). 27.4 27.11 Initial authorization (to allow auction winners to file a 27.11 single application for all winning markets). 27.14(e) Construction requirements (add notification section). 27.14(e) 27.15 (b)(1) Coordinate data (NAD83 instead of NAD27). 27.15(b)(1) 27.59 Environmental requirements (change form numbers to 27.59 reflect ULS forms). 27.207 Procedures for filing petitions to deny against WCS long- 1.947 form applications (move to consolidated Part 1 rule). 27.301 Authorization required (move to consolidated Part 1 rule).1.911 27.303 Formal and informal applications (eliminate
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • Docket No. 95-117, Report and Order, 11 FCC Rcd 21581, 21599 (para. 43) (1996) (Satellite Rules Report and Order); LMDS Second Report and Order, 12 FCC Rcd at 12650-51 (para. 243). 51 Satellite Rules Report and Order, 11 FCC Rcd at 21599 (para. 43); LMDS Second Report and Order, 12 FCC Rcd at 12651 (para. 243). 52 47 C.F.R. � 27.14(a). This section defines substantial service as "service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal." Part 27 Report and Order, 12 FCC Rcd at 10843-45 (paras. 111-115) (adopting 47 C.F.R. � 27.14(a)). PAGE 15 countries that are not WTO members continues to be subject to the "effective competitive opportunities" test
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  • that strict construction requirements are not necessary to maximize coverage to rural areas. CellularVision argues that service in rural Federal Communications Commission FCC 98-15 201 CellularVision Consolidated Opposition to RTG's Petition at 8-9. 202 47 U.S.C. � 309(j)(4)(B). 203 Second Report and Order, 12 FCC Rcd at 12659 (para. 266). 204 Id. at 12661 (para. 272). 205 47 C.F.R. � 27.14. 206 Second Report and Order, 12 FCC Rcd at 12659-60 (paras. 267-268). PAGE 56 areas is better achieved through partitioning based on marketplace demand and that strict construction requirements could discourage development of the variety of services that LMDS licensees may provide.201 We consider the arguments more fully below. 125. Contrary to RTG's contention, the Commission fully considered the statutory
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • subject to the ``effective competitive opportunities'' test established by the Commission. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(c) establishes a licensee's right to a renewal expectancy. Most commenters addressing the issue endorsed this approach. However, one commenter, in addressing the issue of performance requirements, expressed concern that new licensees might not be able to comply with performance requirements in some markets, given the continued existence of incumbent broadcasters until 2006. Discussion. The Communications Act imposes no time limit
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • together regional and nationwide licenses tailored to their particular business needs. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(b) establishes a licensee's right to a renewal expectancy. In the 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We determined that a license
• http://wireless.fcc.gov/auctions/00c/releases/fc000063.doc http://wireless.fcc.gov/auctions/00c/releases/fc000063.pdf
  • to acquire more spectrum than they need for their operations. We also seek comment on whether we should make any changes to our bidding rules to promote bidder flexibility. 5. License Term; Renewal Expectancy Section 27.13 of the Commission's Rules provides for authorizations for license terms not to exceed 10 years from the date of original issuance or renewal. Section 27.14 of the Commission's Rules establishes a right to a renewal expectancy. We seek comment on whether to apply these license term and renewal expectancy provisions in the case of licensees in the 4.9 GHz band. We seek comment on whether a 10-year license term, combined with a renewal expectancy, will help to provide a stable regulatory environment that will be
• http://wireless.fcc.gov/auctions/14/releases/fo9750.pdf http://wireless.fcc.gov/auctions/14/releases/fo9750.txt http://wireless.fcc.gov/auctions/14/releases/fo9750.wp
  • * * * * 5. A new part 27 is added to read as follows: PART 27 -- WIRELESS COMMUNICATIONS SERVICE Subpart A -- General Information Sec. 27.1Basis and purpose. 27.2Permissible communications. 27.3Other applicable rule parts. 27.4Terms and definitions. 27.5 Frequencies. 27.6Service areas. Federal Communications Commission FCC 97-50 17 Subpart B -- Applications and Licenses 27.11Initial authorization. 27.12Eligibility. 27.13License period. 27.14Construction requirements; Criteria for comparative renewal proceedings. 27.15Geographic partitioning and spectrum disaggregation. Subpart C -- Technical Standards 27.51Equipment authorization. 27.52RF safety. 27.53Emission limits. 27.54Frequency stability. 27.55Field strength limits. 27.56Antenna structures; air navigation safety. 27.57International coordination. 27.59Environmental requirements. 27.61Quiet zones. 27.63Disturbance of AM broadcast station antenna patterns. 27.64Protection from interference. Subpart D -- Competitive Bidding Procedures for WCS 27.201WCS subject to competitive
• http://wireless.fcc.gov/auctions/14/releases/wcsbip.pdf
  • entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310, is eligible to hold a license under this part. Sec. 27.15 Geographic partitioning and spectrum Sec. 27.13 License period. Initial WCS authorizations will have a term not to exceed ten years from the date of original issuance or renewal. Sec. 27.14 Construction requirements; Criteria for comparative renewal proceedings. (a) WCS licensees must make a showing of "substantial service" in their license area within ten years of being licensed. "Substantial" service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • clarity in such an important a Federal Communications Commission FCC 98-93 Id. at 5-6. 202 Comtech Third Order Reply at 10. 203 See Section 22.940(a)(1)(i) of the Commission's Rules, 47 C.F.R. � 22.940(a)(1)(i). 204 See Section 24.16(a) of the Commission's Rules, 47 C.F.R. � 24.16(a). 205 See Section 26.14(a) of the Commission's Rules, 47 C.F.R. � 26.14(a). 206 See Section 27.14(b)(1) of the Commission's Rules, 47 C.F.R. � 27.14(b)(1). 207 See Section 101.1011(a) of the Commission's Rules, 47 C.F.R. � 101.1011(a). 208 See Sections 90.665(c) and 90.816(b)(1)(i) of the Commission's Rules, 47 C.F.R. �� 90.665(c), 90.816(b)(1)(i). 209 See Sections 90.725(h), 90.743(a)(1), 90.767(b), and 90.769(b) of the Commission's Rules, 47 C.F.R. �� 210 90.725(h), 90.743(a)(1), 90.767(b), 90.769(b). 220 MHz Third Report and
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  • 22.940 of our rules."). Metricom Third Order Comments at 5. 201 Id. at 5-6. 202 Comtech Third Order Reply at 10. 203 See Section 22.940(a)(1)(i) of the Commission's Rules, 47 C.F.R. � 22.940(a)(1)(i). 204 See Section 24.16(a) of the Commission's Rules, 47 C.F.R. � 24.16(a). 205 See Section 26.14(a) of the Commission's Rules, 47 C.F.R. � 26.14(a). 206 See Section 27.14(b)(1) of the Commission's Rules, 47 C.F.R. � 27.14(b)(1). 207 See Section 101.1011(a) of the Commission's Rules, 47 C.F.R. � 101.1011(a). 208 PAGE 50 showings on a case-by-case basis. In the Commission's rules, substantial service is defined as 199 service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal. 200 107. Metricom
• http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
  • subject to the ``effective competitive opportunities'' test established by the Commission. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(c) establishes a licensee's right to a renewal expectancy. Most commenters addressing the issue endorsed this approach. However, one commenter, in addressing the issue of performance requirements, expressed concern that new licensees might not be able to comply with performance requirements in some markets, given the continued existence of incumbent broadcasters until 2006. Discussion. The Communications Act imposes no time limit
• http://wireless.fcc.gov/auctions/31/releases/fc000224.doc http://wireless.fcc.gov/auctions/31/releases/fc000224.pdf http://wireless.fcc.gov/auctions/31/releases/fc000224.txt
  • action that would require the involuntary termination of operations on these channels, but clarifies that it is neutral on the issue of whether a broadcaster can voluntarily sell its facility to a third party and thereby terminate free, over-the-air service on that channel. ALTV ex parte filing, May 18, 2000. Motorola Reply at 2. Motorola Comments at 7-8. See Section 27.14(a) of the Commission's Rules, which addresses performance standards, and incorporates this deadline by referencing �27.13. 47 C.F.R. �� 27.13(b) and 27.14(a). 700 MHz First Report and Order, 15 FCC Rcd at 504 (n.161). See discussion at paras. 53-56. See, e.g., Amendment of Parts 2, 89, 91, and 93; Geographic Reallocation of UHF-TV Channels 14 through 20 to the Land Mobile
• http://wireless.fcc.gov/auctions/33/releases/fc000090.doc http://wireless.fcc.gov/auctions/33/releases/fc000090.pdf http://wireless.fcc.gov/auctions/33/releases/fc000090.txt
  • together regional and nationwide licenses tailored to their particular business needs. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(b) establishes a licensee's right to a renewal expectancy. In the 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We determined that a license
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • the cap three months after the statutory deadline for auctioning Lower 700 MHz Band licenses.395 d. License Term; Renewal Expectancy 143. Background. In the Notice, the Commission sought comment on whether to adopt the same Part 27 license term and renewal provisions for the Lower 700 MHz Band that apply to the Upper 700 MHz Commercial Band.396 Sections 27.13 and 27.14(b) of the Commission's rules contain the license term limits and renewal expectancy provisions for Part 27 licensees.397 Section 27.13(b) provides that all non-broadcast licenses in the Upper 700 MHz Band extend until January 1, 2015, while a licensee providing broadcast services is limited to a term of eight years from commencement of operations.398 Section 27.14(b) defines the renewal expectancy established
• http://wireless.fcc.gov/auctions/46/releases/fc020152.pdf http://wireless.fcc.gov/auctions/46/releases/fc020152.txt
  • 220 See discussion infra Section IV.4. � Performance Requirements. 221 Because our Part 27 rules will not apply to services operating in the 216-220 MHz and 1427-1432 MHz bands, licensees in these bands must comply with the specific rules applicable to the services under which they are authorized to operate. See supra �� 12, 37. 222 See 47 C.F.R. �� 27.14(c)(1)-(4); see also 47 C.F.R. � 101.1011 (LMDS context). We will address the issue of whether use of the spectrum for MSS feeder links would meet the substantial service requirement in any subsequent proceeding adopting service rules for the 1390-1392 MHz band. Federal Communications Commission FCC 02-152 32 proceedings that relate to any matter described by the requirements for the renewal
• http://wireless.fcc.gov/auctions/60/resources/03_KHarper.pdf
  • � 27.13(b)) Exception: a licensee providing broadcast Exception: a licensee providing broadcast services must seek renewal after eight years services must seek renewal after eight years ((see see� 27.13(b)) � 27.13(b)) Right to a renewal expectancy established for Right to a renewal expectancy established for licensees which satisfy the licensees which satisfy the performance/build performance/build--out requirements out requirements ((see see� 27.14(b)) � 27.14(b)) Build Build--out Requirements out Requirements No specific benchmarks to afford flexibility No specific benchmarks to afford flexibility "Substantial service" must be provided to service area "Substantial service" must be provided to service area before the end of their license term ( before the end of their license term (e.g. e.g., January 1, , January 1, 2015 for non
• http://wireless.fcc.gov/auctions/69/resources/ServiceRules.pdf
  • issuance or renewal (see see��27.13 (c) and (d)). 27.13 (c) and (d)). Build Build--out Requirements out Requirements No specific benchmarks to afford flexibility. No specific benchmarks to afford flexibility. ""Substantial service Substantial service""must be provided to service area must be provided to service area before the end of their license term ( before the end of their license term (see see��27.14(a)). 27.14(a)). Several Several ""safe harbor safe harbor""standards established in Part 27 standards established in Part 27 Report and Order can be invoked to demonstrate Report and Order can be invoked to demonstrate substantial service. substantial service. Note that substantial service standard requires the Note that substantial service standard requires the licensee to build out in rural areas as well as
• http://wireless.fcc.gov/auctions/73/resources/DueDiligence.pdf
  • those geographic areas of its license Commission action for those geographic areas of its license authorization in which the licensee is not providing service, an authorization in which the licensee is not providing service, and d those unserved areas will become available for reassignment by those unserved areas will become available for reassignment by the Commission. the Commission. See See ��27.14 27.14 10 10 Performance Requirements for Performance Requirements for Licenses Sold Under Auction 73 Licenses Sold Under Auction 73 99.3% of 99.3% of population by population by the end of the the end of the license term license term 95% of 95% of population no population no later than later than 2/17/2016 2/17/2016 75% of 75% of population no population
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=33
  • of such broadcast operations. All licensees meeting the substantial service requirement (see First Report and Order, WT99-168, 70, released 1/7/2000) will be deemed to have met renewal expectancy regardless of which construction options the licensee chose. Performance Requirements Under the amended performance requirement, a licensee must provide "substantial service" to its service area no later than January 1, 2015 (See 27.14(a) of the Commission's Rules). A Guard Band Manager may satisfy the substantial service requirement by leasing the predominant amount of its licensed spectrum in at least 50 percent of the geographic area covered by its license or by providing coverage to 50 percent of the population of its service area at the license-renewal mark Guard Band Managers are also required
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=38
  • of such broadcast operations. All licensees meeting the substantial service requirement (see First Report and Order, WT99-168, 70, released 1/7/2000) will be deemed to have met renewal expectancy regardless of which construction option the licensee chose.. Performance Requirements Under the amended performance requirement, a licensee must provide "substantial service" to its service area no later than January 1, 2015 (See 27.14(a) of the Commission's Rules). A Guard Band Manager may satisfy the substantial service requirement by leasing the predominant amount of its licensed spectrum in at least 50 percent of the geographic area covered by its license or by providing coverage to 50 percent of the population of its service area at the license-renewal mark. Guard Band Managers are also required
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=46
  • be limited by geographic area, time, or other means. License Period and Construction Requirements A license is issued for a ten-year term from the initial license grant date. The licensee has a renewal expectancy based on the provision of substantial service to the public and substantial compliance with applicable Commission rules, policies, and the Communications Act. (See 47 C.F.R. 27.13, 27.14)).. Small Business Bidding Credits Bidding credits are available to small and very small businesses or consortia thereof, (as defined in 47 C.F.R. 27.906). A bidding credit represents the amount by which a bidder's winning bid is discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the bidder, its affiliates,
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=66
  • 2009, shall have a term of fifteen years from the date of initial issuance; licenses issued after December 31, 2009, will have a term of ten years from the date of initial issuance or renewal. See [52]47 C.F.R. 27.13(g). AWS licensees must make a showing of substantial service in their license area within the prescribed license term. See [53]47 C.F.R. 27.14(a). Substantial service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Any licensee that fails to meet this requirement will forfeit its license and the licensee will be ineligible to regain it. Bidding Credits Bidding credits are available to small businesses and very small businesses and consortia
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=69
  • advanced two-way mobile and paging services. License Period and Construction Requirements The 1.4 GHz bands licenses shall have a term of ten years from the date of initial issuance. See 47 C.F.R. 27.13(c), (d). The 1.4 GHz bands licensees must make a showing of substantial service in their license area within the initial license term (ten years). See 47 C.F.R. 27.14(a). Substantial service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Any licensee that fails to meet this requirement will forfeit its license and the licensee will be ineligible to regain it. Bidding Credits Bidding credits are available to small businesses and very small businesses and consortia
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=78
  • 2009, shall have a term of fifteen years from the date of initial issuance; licenses issued after December 31, 2009, will have a term of ten years from the date of initial issuance or renewal. See [57]47 C.F.R. 27.13(g). AWS licensees must make a showing of substantial service in their license areas within the prescribed license term. See [58]47 C.F.R. 27.14(a). Substantial service is defined as service that is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Any licensee that fails to meet this requirement will forfeit its license and the licensee will be ineligible to regain it. Broadband PCS Licenses: Licenses will be issued for a ten-year term from the initial license
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=86
  • exceed ten years from the date of original issuance. See [55]47 C.F.R. 27.13. All BRS licensees must make a showing of substantial service in their licensed area no later than May 1, 2011. Failure by any licensee to meet the requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. See [56]47 C.F.R. 27.14(o). Small Business Bidding Credits Qualifying applicants in Auction 86 are eligible for an entrepreneur, small, or very small business bidding credit. A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the applicant, its affiliates, its controlling
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=92
  • years, from ten to eight years, thus requiring the licensee to meet the end-of-term benchmark at an accelerated schedule. For those licenses in which the end-of-term performance requirements have not been met, the unused portion of the license will terminate automatically without Commission action and will become available for reassignment by the Commission subject to the "keep-what-you-use" rule, [52]47 C.F.R. 27.14(g). Small Business Bidding Credits Qualifying applicants in Auction 92 are eligible for a small or very small business bidding credit. A bidding credit represents the amount by which a bidders winning bids are discounted. The size of the bidding credit depends on the average annual gross revenues for the preceding three years of the applicant, its affiliates, its controlling interests,
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • Lower 700 MHz (698-746 MHz), Upper 700 MHz (747-762 MHz and 777-792 MHz) and 700 MHz Guardband Provide substantial service in its licensed area by January 1, 2015, except that a licensee commencing broadcast services must submit a showing demonstrating that it is providing substantial service within 8 years of the commencement of the broadcast services. WX, WY, WZ 27.13, 27.14 601 Main Form and Schedule K 1.3 GHz (1390-1392 MHz) Provide substantial service to its licensed area within 10 years of initial license grant. BA 27.13, 27.14 601 Main Form and Schedule K 1.4 GHz (1392-1395 MHz and 1432-1434 MHz) Provide substantial service to its licensed area within 10 years of initial license grant. BB 27.13, 27.14 601 Main Form
• http://wireless.fcc.gov/services/index.htm?job=licensing&id=700_guard
  • the FCC issues a public notice announcing it is prepared to grant the licenses. 4. Grant Announcements The FCC will then issue a public notice announcing grant of license. 5. Performance Requirements Once licensed, FCC Rules require that Guard Band Managers meet specific performance requirements. Performance Requirements Performance requirements are governed by [36]47 CFR 27.607 which refers to [37]47 CFR 27.14 (a). The Second Report and Order (FCC 00-90 ([38]pdf)) defines substantial service requirements. 700 MHz Guard Bands licensees must file a Required Notification application, within their initial license term, demonstrating they are providing substantial service within their license area. A Guard Bands licensee may satisfy the substantial service requirement by leasing the predominant amount of its licensed spectrum in at
• http://wireless.fcc.gov/services/index.htm?job=operations&id=lower700
  • area no later than the end of its license term. "Substantial" service is defined as service which is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. See [31]47 CFR 27.14(a). The following safe harbors for licensees in the Lower 700 MHz Band may also be used to demonstrate substantial service: 1. the construction of four permanent links per one million people in the licensed service area of a licensee that chooses to offer fixed, point-to-point services; 2. the demonstration of coverage for 20 percent of the population of the licensed
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • the automatic cancellation of this authorization.||||P 78|PC|This authorization is subject to the condition that the remaining balance of the winning bid amount will be paid in accordance with Part 1 of the Commission's rules, 47 C.F.R. Part 1.||||| 79|PC|"This authorization is subject to the condition that licensees provide ""substantial service"" to their service area within 10 years. 47 C.F.R. � 27.14(a). For a WCS licensee who offers fixed, point-to-point services, substantial service constitutes the con"|struction of four permanent links per one million people in its licensed service area. For a WCS licensee who offers mobile services, substantial service is demonstrated by the licensee covering a minimum of 20 percent of the population of its licensed s|ervice area.||| 80|AL|Custom Special Condition|||||P 90|SH|Issued
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
  • 19.53 18.25 19.21 20.26 Missouri Mexico 17.00 17.07 17.07 17.14 15.81 17.19 17.19 17.26 17.26 17.26 18.42 19.63 Missouri St. Louis 20.10 20.16 20.16 20.23 19.05 18.18 18.18 18.18 18.18 18.28 19.32 20.45 Montana Butte 19.25 19.25 19.25 18.22 18.22 18.22 18.22 19.26 19.69 22.70 23.16 23.86 Nebraska Grand Island 21.78 21.85 21.86 21.88 21.88 21.85 21.76 23.39 23.27 26.22 27.14 27.85 New Jersey Phillipsburg 13.43 13.16 13.04 13.04 13.04 13.04 13.04 13.05 13.05 13.05 13.21 14.68 New Mexico Alamogordo 19.75 19.12 19.37 20.21 20.46 20.65 20.82 20.99 20.99 19.03 17.50 18.21 New York Binghamton 22.90 25.74 25.31 25.31 24.52 26.03 23.80 23.76 23.74 23.74 23.90 24.62 New York Buffalo 29.84 33.18 32.68 32.68 31.63 30.62 28.34 28.29 28.27 28.27 28.37
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
  • 21.00 Missouri Mexico 17.00 17.07 17.07 17.14 15.81 17.19 17.19 17.26 17.26 17.26 18.42 20.10 20.41 Missouri St. Louis 20.10 20.16 20.16 20.23 19.05 18.18 18.18 18.18 18.18 18.28 19.32 20.87 21.13 Montana Butte 19.25 19.25 19.25 18.22 18.22 18.22 18.22 19.26 19.69 22.70 23.16 24.23 25.39 Nebraska Grand Island 21.78 21.85 21.86 21.88 21.88 21.85 21.76 23.39 23.27 26.22 27.14 26.25 26.79 New Jersey Phillipsburg 13.43 13.16 13.04 13.04 13.04 13.04 13.04 13.05 13.05 13.05 13.21 15.31 16.41 Table 1.4 Monthly Residential Telephone Rates in the Sample Cities* (As of October 15) State City 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 New Mexico Alamogordo 19.75 19.12 19.37 20.21 20.46 20.65 20.82 20.99 20.99 19.03
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref04.pdf
  • 23.66 24.63 24.63 24.70 26.41 27.11 28.44 29.06 Louisiana Baton Rouge 22.25 20.81 20.93 20.66 19.57 19.57 19.57 20.47 23.17 23.00 23.65 Louisiana New Orleans 23.28 20.33 20.14 19.99 18.78 18.78 18.78 19.69 20.67 21.84 22.49 Maine Portland 18.24 18.27 17.99 18.19 19.12 19.70 22.53 23.34 24.72 26.31 27.45 Maryland Baltimore 24.98 24.98 24.98 24.98 24.98 24.67 24.67 25.73 26.47 27.14 27.09 Massachusetts Boston 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 Massachusetts Hyannis 20.43 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 Massachusetts Springfield 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 Michigan Detroit 19.25 19.55 19.50 19.42 19.42 19.76 22.50 25.99 27.12 27.77 27.39 Michigan Grand Rapids 17.19 17.53 18.06 17.95
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref05.pdf
  • 26.41 27.11 28.44 29.06 28.87 Louisiana Baton Rouge 22.25 20.81 20.93 20.66 19.57 19.57 19.57 20.47 23.17 23.00 23.65 23.28 Louisiana New Orleans 23.28 20.33 20.14 19.99 18.78 18.78 18.78 19.69 20.67 21.84 22.49 22.12 Maine Portland 18.24 18.27 17.99 18.19 19.12 19.70 22.53 23.34 24.72 26.31 26.99 27.28 Maryland Baltimore 24.98 24.98 24.98 24.98 24.98 24.67 24.67 25.73 26.47 27.14 28.09 27.94 Massachusetts Boston 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 Massachusetts Hyannis 20.43 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 Massachusetts Springfield 21.72 23.07 23.07 23.07 23.07 23.07 23.07 23.46 24.53 25.61 29.64 29.88 Michigan Detroit 19.25 19.55 19.50 19.42 19.42 19.76 22.50 25.99 27.12 27.77 27.39 27.45 Michigan Grand
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
  • Hampshire 18.47 8.61 2.46% New Jersey 15.50 7.80 3.17% New Mexico 21.06 13.76 3.85% New York 18.84 9.73 1.11% North Carolina 27.19 11.86 7.73% North Dakota 15.02 11.09 14.68% Ohio 25.48 15.96 0.34% Oklahoma 18.88 12.44 7.65% Oregon 16.78 10.76 4.42% Pennsylvania 18.78 10.73 4.09% South Carolina 23.02 11.76 15.42% South Dakota 16.00 10.02 13.68% Tennessee 25.89 11.69 9.43% Texas 27.14 10.70 3.79% Utah 22.38 11.37 2.42% Vermont 24.45 13.68 2.76% Virginia 18.79 10.94 1.54% Washington 25.17 15.52 1.38% West Virginia 55.69 20.55 3.80% Wisconsin 20.62 12.23 1.32% Wyoming 19.36 11.20 1.33% 0.00% National Average 21.72 11.51 3.83% Average rates do not include subscriber line charges, surcharges , 911 charges or taxes. 37 Table 1.22 Average MonthlyLocal Rates* of RUS Borrowers
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-11.pdf
  • 605,171 238,382 28.26 BellSouth - Louisiana LA 1,580,102 1,159,647 420,456 26.61 Verizon - New England - Maine ME 461,266 318,787 142,479 30.89 Verizon - Maryland MD 2,156,623 1,430,885 725,738 33.65 Verizon - New England - Massachusetts MA 2,449,196 1,562,073 887,123 36.22 Verizon - North - Michigan MI 421,406 310,150 111,257 26.40 SBC - Ameritech - Michigan MI 2,687,972 1,958,436 729,536 27.14 Qwest - Minnesota MN 1,204,487 775,679 428,807 35.60 BellSouth - Mississippi MS 1,079,472 817,380 262,093 24.28 SBC - Southwestern Bell - Missouri MO 1,626,236 1,087,408 538,829 33.13 Sprint - United Telephone Company of Missouri MO 198,002 140,807 57,196 28.89 Qwest - Montana MT 244,988 161,899 83,086 33.91 Aliant Telecommunications - Nebraska NE 174,266 130,530 43,736 25.10 Qwest - Nebraska NE
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
  • 46,394 34,726 11,668 25.15 GTE - Northwest - Contel - Washington WA 31,229 24,222 7,443 23.83 GTE - Northwest - Washington WA 313,118 242,724 70,483 22.51 Sprint - United Tel. Co. of the NW - Washington WA 37,069 28,527 8,542 23.04 U S WEST - Washington WA 1,088,883 826,651 262,236 24.08 Bell Atlantic - West Virginia WV 370,300 269,819 100,505 27.14 SBC - Ameritech - Wisconsin Bell WI 689,651 528,836 160,954 23.34 GTE - North - Wisconsin WI 183,539 141,888 41,659 22.70 U S WEST - Wyoming WY 124,308 87,239 37,081 29.83 11 - 36 Table 11.9 Total Operating Expenses ($000) - 2000 Study Area State Subject to Percent Code Separations Intrastate Interstate Interstate All Reporting Local Exchange Companies $71,395,813 $52,983,375
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • -5.21 -8.65 462188 C FARMERS TEL CO, INC. - COLORADO 17.52 29.96 -9.57 13.29 462190 C HAXTUN TELEPHONE COMPANY 7.96 3.46 4.35 13.62 462192 C BIG SANDY TELECOM, INC. 8.80 11.46 -2.39 8.98 462193 C NUCLA-NATURITA TEL. CO. 12.90 4.01 8.55 34.75 462194 C NUNN TEL. COMPANY 14.37 10.92 3.11 17.76 462195 C SOUTH PARK TELEPHONE COMPANY 28.64 56.52 -17.82 27.14 462196 C PEETZ COOP. TEL. CO. -5.32 0.00 -5.32 -7.98 462197A>CPHILLIPS COUNTY TEL. CO. 48.49 3.85 42.99 INFINITE 462198 A PINE DRIVE TEL. CO. 18.09 8.85 8.48 197.96 462199 C PLAINS COOPERATIVE TEL. ASSOC. INC. 3.49 4.69 -1.15 4.38 462201 C RICO TEL. CO. 0.00 0.00 0.00 7.19 462202 C ROGGEN TELEPHONE COOPERATIVE CO. 12.98 6.08 6.51 18.04 462203 C
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • broadcast services, which are limited to an eight-year license term. The statute also specifies renewal criteria for broadcast stations. Part 27 of the Commission's rules provides for license term limits and renewal expectancy for other than new broadcast-type services. Section 27.13(a) limits license terms for certain licensees to 10 years from the date of original issuance or renewal, and Section 27.14(b) establishes a right to a renewal expectancy. In the Upper 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We decided that initial licenses
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • request comment on whether the 3650-3700 MHz band should be licensed in paired spectrum blocks. Under this approach, we could pair 25 megahertz spectrum blocks into licenses of 50 megahertz. License Term; Renewal Expectancy Section 27.13 of the Commission's rules provides for authorizations for license terms not to exceed 10 years from the date of original issuance or renewal. Section 27.14 of the Commission's rules establishes a right to a renewal expectancy. We sought comment on whether to apply these license term and renewal expectancy provisions to the 4.9 GHz band and we seek comment on whether to apply them with respect to licensees in the 3650-3700 MHz band. We seek comment on whether a 10-year license term, combined with a
• http://www.fcc.gov/Bureaus/International/Orders/2001/fcc01142.pdf
  • investment to be rational, the [. . . predator] must have a reasonable expectation of recovering in the form of later monopoly profits, more than the losses suffered."). 259 See VoiceStream DT Application at 23-24; VoiceStream Powertel DT Reply at 5. 260 See VoiceStream DT Application at 22; Powertel DT Application at 2, 10, 19. 261 47 C.F.R. �� 24.203, 27.14. 262 See, e.g., Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993) ("Without [recoupment], predatory pricing produces lower aggregate prices in the market, and consumer welfare is enhanced. . . . [U]nsuccessful predation is in general a boon to consumers."). Federal Communications Commission FCC 01-142 53 3. Rural Market Entry 93. Several commenters further argue
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.txt http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1997/fcc97050.wp
  • * * * * 5. A new part 27 is added to read as follows: PART 27 -- WIRELESS COMMUNICATIONS SERVICE Subpart A -- General Information Sec. 27.1Basis and purpose. 27.2Permissible communications. 27.3Other applicable rule parts. 27.4Terms and definitions. 27.5 Frequencies. 27.6Service areas. Federal Communications Commission FCC 97-50 17 Subpart B -- Applications and Licenses 27.11Initial authorization. 27.12Eligibility. 27.13License period. 27.14Construction requirements; Criteria for comparative renewal proceedings. 27.15Geographic partitioning and spectrum disaggregation. Subpart C -- Technical Standards 27.51Equipment authorization. 27.52RF safety. 27.53Emission limits. 27.54Frequency stability. 27.55Field strength limits. 27.56Antenna structures; air navigation safety. 27.57International coordination. 27.59Environmental requirements. 27.61Quiet zones. 27.63Disturbance of AM broadcast station antenna patterns. 27.64Protection from interference. Subpart D -- Competitive Bidding Procedures for WCS 27.201WCS subject to competitive
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • FCC 98-25 H-1 APPENDIX H PROPOSED RULES - PART 27 CURRENT SUBJECT PROPOSED NEW OR RULE (proposed change) REVISED RULE NUMBER NUMBER 27.3 Other applicable rule parts (change to revise description 27.3 of Part 1). 27.4 Terms and definitions (to add ULS). 27.4 27.11 Initial authorization (to allow auction winners to file a 27.11 single application for all winning markets). 27.14(e) Construction requirements (add notification section). 27.14(e) 27.15 (b)(1) Coordinate data (NAD83 instead of NAD27). 27.15(b)(1) 27.59 Environmental requirements (change form numbers to 27.59 reflect ULS forms). 27.207 Procedures for filing petitions to deny against WCS long- 1.947 form applications (move to consolidated Part 1 rule). 27.301 Authorization required (move to consolidated Part 1 rule).1.911 27.303 Formal and informal applications (eliminate
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • Docket No. 95-117, Report and Order, 11 FCC Rcd 21581, 21599 (para. 43) (1996) (Satellite Rules Report and Order); LMDS Second Report and Order, 12 FCC Rcd at 12650-51 (para. 243). 51 Satellite Rules Report and Order, 11 FCC Rcd at 21599 (para. 43); LMDS Second Report and Order, 12 FCC Rcd at 12651 (para. 243). 52 47 C.F.R. � 27.14(a). This section defines substantial service as "service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal." Part 27 Report and Order, 12 FCC Rcd at 10843-45 (paras. 111-115) (adopting 47 C.F.R. � 27.14(a)). PAGE 15 countries that are not WTO members continues to be subject to the "effective competitive opportunities" test
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00063.doc
  • to acquire more spectrum than they need for their operations. We also seek comment on whether we should make any changes to our bidding rules to promote bidder flexibility. 5. License Term; Renewal Expectancy Section 27.13 of the Commission's Rules provides for authorizations for license terms not to exceed 10 years from the date of original issuance or renewal. Section 27.14 of the Commission's Rules establishes a right to a renewal expectancy. We seek comment on whether to apply these license term and renewal expectancy provisions in the case of licensees in the 4.9 GHz band. We seek comment on whether a 10-year license term, combined with a renewal expectancy, will help to provide a stable regulatory environment that will be
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • that strict construction requirements are not necessary to maximize coverage to rural areas. CellularVision argues that service in rural Federal Communications Commission FCC 98-15 201 CellularVision Consolidated Opposition to RTG's Petition at 8-9. 202 47 U.S.C. � 309(j)(4)(B). 203 Second Report and Order, 12 FCC Rcd at 12659 (para. 266). 204 Id. at 12661 (para. 272). 205 47 C.F.R. � 27.14. 206 Second Report and Order, 12 FCC Rcd at 12659-60 (paras. 267-268). PAGE 56 areas is better achieved through partitioning based on marketplace demand and that strict construction requirements could discourage development of the variety of services that LMDS licensees may provide.201 We consider the arguments more fully below. 125. Contrary to RTG's contention, the Commission fully considered the statutory
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • subject to the ``effective competitive opportunities'' test established by the Commission. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(c) establishes a licensee's right to a renewal expectancy. Most commenters addressing the issue endorsed this approach. However, one commenter, in addressing the issue of performance requirements, expressed concern that new licensees might not be able to comply with performance requirements in some markets, given the continued existence of incumbent broadcasters until 2006. Discussion. The Communications Act imposes no time limit
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00090.txt
  • together regional and nationwide licenses tailored to their particular business needs. License Term; Renewal Expectancy Background. In the NPRM we proposed to adopt the license term and renewal provisions in Part 27 of the Commission's Rules, for other than new broadcast-type services. Section 27.13 limits the license term to 10 years from the date of original issuance or renewal. Section 27.14(b) establishes a licensee's right to a renewal expectancy. In the 700 MHz First Report and Order, we modified the license term as it relates to the 747-762 MHz and 777-792 MHz bands, to accommodate licensees' need for additional time to develop and use this spectrum, in light of its continued use by broadcasters until 2006. We determined that a license
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00224.doc
  • action that would require the involuntary termination of operations on these channels, but clarifies that it is neutral on the issue of whether a broadcaster can voluntarily sell its facility to a third party and thereby terminate free, over-the-air service on that channel. ALTV ex parte filing, May 18, 2000. Motorola Reply at 2. Motorola Comments at 7-8. See Section 27.14(a) of the Commission's Rules, which addresses performance standards, and incorporates this deadline by referencing �27.13. 47 C.F.R. �� 27.13(b) and 27.14(a). 700 MHz First Report and Order, 15 FCC Rcd at 504 (n.161). See discussion at paras. 53-56. See, e.g., Amendment of Parts 2, 89, 91, and 93; Geographic Reallocation of UHF-TV Channels 14 through 20 to the Land Mobile
• http://www.fcc.gov/transaction/voicestream-cook/da002820.doc http://www.fcc.gov/transaction/voicestream-cook/da002820.pdf
  • CIRI Opposition at 2. CIRI also states that nine more of its systems are currently under construction in markets with fewer than 100 POPs per square mile. Id. Id. at 3. Id. at 4. Construction build-out requirements for the PCS and WCS licenses are found in sections 24.203 and 24.17 of the Commission's rules, respectively. See 47 C.F.R. �� 24.203, 27.14. CIRI Opposition at 3. CIRI and VoiceStream both challenge WITCO's standing as a party-in-interest in the instant proceeding. See id. at 5-6; VoiceStream Opposition at 2-5. Because we deny the WITCO Petition to the extent WITCO claims that the instant transfers of control will harm rural consumers, and defer WITCO's arguments about the proposed transfers of VoiceStream's licenses to DT