FCC Web Documents citing 90.165

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1.txt
  • Reserved]. (d) [Removed and Reserved]. (e) [Removed and Reserved]. (f) [Removed and Reserved]. * * * * * PART 90-PRIVATE LAND MOBILE RADIO SERVICES The authority citation for Part 90 continues to read as follows: AUTHORITY: Sections. 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r) and 332(c)(7). Section 90.165 is amended as follows: Remove paragraphs (b)(1), (c)(3)(i), and (c)(4)(i). Redesignate paragraphs (b)(2) through (b)(4) as paragraphs (b)(1) through (b)(3). Redesignate paragraphs (c)(3)(ii) through (c)(3)(iii) as paragraphs (c)(3)(i) through (c)(3)(ii). Redesignate paragraphs (c)(4)(ii) through (c)(4)(iv) as paragraphs (c)(4)(i) through (c)(4)(iii). Revise paragraph (c)(3)(ii). § 90.165 Procedures for mutually exclusive applications. * * * * * (c) * * * (3)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-86A1_Rcd.pdf
  • specified by regulation by the Commission." 47 U.S.C. § 332(d). See also47 C.F.R. § 20.9 (enumerating the mobile services presumed to be CMRS). 24See Implementation of Sections 3(n) and 332 of the Communications Act, Regulatory Treatment of Mobile Services, GN Docket No. 93-252, Third Report and Order, 9 FCC Rcd 7988, 8157 ¶ 386 (1994), citing 47 C.F.R. §22.940. 25Section 90.165 addresses procedures for mutually exclusive applications, and includes provisions related to defining and processing a "renewal filing group." 47 C.F.R. § 90.165(b)(1), (c)(3)(i), and (c)(4)(i). 2647 C.F.R. § 90.743(a). 2747 C.F.R. § 90.743(b). 2847 C.F.R. § 101.1011(c). 29See suprapara. 12. 30See generallyReply Comments of AT&T Inc., WT Docket No. 08-182 (filed Oct. 27, 2008) ("AT&T Reply Comments"). AT&T states that
• 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
  • or dismissal of applications (move to 1.934 consolidated Part 1 Rule). 90.162 Agreements to dismiss applications, amendments, or 1.935 pleadings (move to consolidated Part 1 Rule). 90.163 Petitions to deny, responsive pleadings (move to 1.939 consolidated Part 1 Rule). 90.164 Classification of filings as major or minor (move to 1.929 consolidated Part 1 Rule). Federal Communications Commission FCC 98-25 K-3 90.165 Procedures for mutually exclusive applications (change 90.165 to allow electronic filing of information via ULS). 90.166 Grants of applications (move to consolidated Part 1 1.945 Rule). 90.167 Time in which a station must commence service (change 90.167 form numbers; add notification section). 90.175, Frequency coordination requirements (change to allow 90.175,(b)(e)(f) (b)(e)(f) electronic filing of information via ULS). 90.177(a)(3), Protection of
• http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1998/fcc98025.wp
  • or dismissal of applications (move to 1.934 consolidated Part 1 Rule). 90.162 Agreements to dismiss applications, amendments, or 1.935 pleadings (move to consolidated Part 1 Rule). 90.163 Petitions to deny, responsive pleadings (move to 1.939 consolidated Part 1 Rule). 90.164 Classification of filings as major or minor (move to 1.929 consolidated Part 1 Rule). Federal Communications Commission FCC 98-25 K-3 90.165 Procedures for mutually exclusive applications (change 90.165 to allow electronic filing of information via ULS). 90.166 Grants of applications (move to consolidated Part 1 1.945 Rule). 90.167 Time in which a station must commence service (change 90.167 form numbers; add notification section). 90.175, Frequency coordination requirements (change to allow 90.175,(b)(e)(f) (b)(e)(f) electronic filing of information via ULS). 90.177(a)(3), Protection of
• http://www.fcc.gov/ogc/documents/opinions/1998/elec_eng.html http://www.fcc.gov/ogc/documents/opinions/1998/elec_eng.wp
  • must be considered untimely vis-a-vis EEC's applications for 929.7625 MHz even though PageMart submitted applications to PCIA before EEC submitted its applications. The basis for this argument is a rule providing that an application that is "substantially amended" will be considered newly filed as of the date of the filing of the amendment. 47 C.F.R. 1.918(b); see also 47 C.F.R. 90.165(d)(1) (1997). EEC cites to a number of scattered provisions, many of which do not involve private radio services, to make the point that a change in frequency constitutes a substantial amendment to an application. See 47 C.F.R. 1.962(c)(1), 73.3571(a)(1), 73.3572(a)(1)(i), 73.3573(a)(1), 74.911(a)(1), 74.1233(a)(1); see also 22.123(e)(6), 90.164(a), 90.165(d) (1997). EEC concludes from these provisions that PCIA's changes to PageMart's applications