FCC Web Documents citing 90.609

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-%2000-1848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-%2000-1848A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-%2000-1848A1.txt
  • taken pursuant to delegated authority as set forth in section 0.331 of the Commission's rules, 47 C.F.R. § 0.331. Federal Communications Commission William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration filed April 17, 2000. See Public Notice, Commission Grants Goodman/Chan Receivership Licensees and Similarly Situated Non-Goodman/Chan General Category SMR Licensees a Temporary Waiver of Section 90.609(b) of the Commission's Rules, DA 98-1656 (rel. August 19, 1998). According to the Public Notice, ``similarly situated'' licensees are licensees who obtained their 800 MHz SMR General Category licenses through application preparation services, but did not hire one of the four companies that were the subject of the Goodman/Chan proceeding, and who were granted licenses with an eight-month construction period.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-452A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-452A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-452A1.txt
  • to assign to Nextel certain 800 MHz SMR licenses. The proposed assignment included the transfer of unconstructed authorizations. The Bureau sought comment on whether the proposed assignment was in the public interest and, after reviewing the record, concluded that the assignment would promote competition in the broader CMRS marketplace and was consistent with antitrust principles. The Bureau recognized that Section 90.609(b) of the Commission's rules precludes the transfer of unconstructed authorizations for a conventional or trunked radio system, but affirmed its policy that Section 90.609(b) does not apply to the transfer of unconstructed digital authorizations where the service contours of the unconstructed authorizations are entirely within the footprint of already constructed analog facilities. Motorola certified to the Bureau that all of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-116A1.txt
  • Policy Regarding Character Qualifications in Broadcasting Licensing, Memorandum Opinion and Order, 6 FCC Rcd 12 at 3448-49 (1991). 2000 Petition at ¶ 4. Id. (citing Amendment of Part 90, Subparts M and S, of the Commission's Rules, Report and Order, docket # 86-404 ,3 FCC Rcd 1838, 1847 ¶ 78 (1988)). Id. Id. Id. at ¶ 4. 47 C.F.R. § 90.609 (c) (1999). On June 9, 1995, Champion submitted the Assignment of Authorization to the Commission, along with its Application for Mobile Radio Service Authorization, FCC Form 600, to operate at Mt. Chual. Application for Mobile Radio Service Authorization, FCC Form 600, dated June 9, 1995. As Champion did not request the license to use Station WYE538 at the Mt. Diablo
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.txt
  • fixed signaling operations. SUBPART K - STANDARDS FOR SPECIAL FREQUENCIES OR FREQUENCY BANDS 90.257 Assignment and use of frequencies in the band 72-76 MHz. SUBPART L - AUTHORIZING IN THE BAND 470-512 MHz (UHF-TV SHARING) Fixed ancillary signaling and data transmissions. SUBPART S - REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN THE 806-824, 851-869, 896-901, AND 935-940 MHz BANDS. 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz. 90.619 Frequencies available for use in the U.S./Mexico and U.S./Canada border areas. 90.621 Selection and assignment of frequencies. 90.637 Restrictions on operational fixed stations. 90.655 Special licensing requirements for Specialized Mobile Radio systems. 90.656 Responsibilities of base station licensees of Specialized Mobile
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-894A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-894A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-894A1.txt
  • the purpose of the prohibition against the transfer of unconstructed stations is to deter speculation and trafficking in licenses. See Daniel R. Goodman, Receiver: Dr. Robert Chan, Petition for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Request for Waiver of Section 90.633(c) of the Commission's Rules by Various 800 MHz SMR Licensees, Request for Waiver of Section 90.609(b) of the Commission's Rules Prohibiting the Transfer and Assignment of Unconstructed Licenses, Request for Extension of License Term of 800 MHz Licensees, Memorandum Opinion and Order and Order on Reconsideration, 13 FCC Rcd 21944, 21956 ¶ 18 (1998). WAIT Radio v. FCC, 418 F.2d 1153. 47 C.F.R. § 101.63(a). See para. 7 and note 26. Waiver Request at 6-7. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1.txt
  • Chadmoore Comments at 4; Chadmoore Reply Comments at 3; NTCC Comments at 15. We will define the area as 70 miles from the subject station. See 47 C.F.R. § 90.621(b). We note that a one-year moratorium has been imposed upon General Category licensees that make partial assignment of a station's frequencies to stem trafficking in licenses. See 47 C.F.R. § 90.609(c); see also Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 ¶ 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 ¶ 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1_Erratum.doc
  • Chadmoore Comments at 4; Chadmoore Reply Comments at 3; NTCC Comments at 15. We will define the area as 70 miles from the subject station. See 47 C.F.R. § 90.621(b). We note that a one-year moratorium has been imposed upon General Category licensees that make partial assignment of a station's frequencies to stem trafficking in licenses. See 47 C.F.R. § 90.609(c); see also Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 ¶ 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 ¶ 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-70A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-70A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-70A1.txt
  • not timely constructed. The Denial Letter specifically stated that there was no evidence of construction provided with Dickinson's Assignment Application, and that the Commission had eliminated the availability of extended implementation authority in the 800 MHz SMR service. The Division also dismissed the Assignment Application requesting assignment of Station KGU261 from Nelson to Dickinson, on the basis that under Section 90.609 of the Commission's Rules, a license to operate a radio system may not be assigned prior to the completion of construction of the facility. 5. Dickinson filed a petition for reconsideration of the May 31, 1996, denial action on June 25, 1996. Dickinson argued that Station KGU261 had been constructed by Nelson, the assignor, and had operated prior to the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-144A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-144A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-144A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ä Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Daniel R. Goodman, Receiver; Dr. Robert Chan Petition for Waiver of Section 90.633(c) and 1.1102 of the Commission's Rules Request for Waiver of Section 90.633(c) of the Commission's Rules by Various 800 MHz SMR Licensees Request for Waiver of Section 90.609(b) of the Commission's Rule Prohibiting the Transfer and Assignment of Unconstructed Licenses Request for Extension of License Term of 800 MHz Licensees ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Adopted: April 26, 2001 Released: May 14, 2001 By the Commission: In this Order, we deny the Petition for Partial
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-370A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-370A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-370A1.txt
  • 2000). The subject call sign was assigned from Mobile UHF, Inc. to MWS Communications LLC, consummated April 2, 2001. See Daniel R. Goodman, Receiver; Dr. Robert Chan; Petitions for Waiver of Sections 90.633(c) and 1.1102 of the Commission's Rules, Request for Waiver of Section 90.633(c) of the Commission's Rules by Various 800 MHz SMR Licensees, Request for Waiver of Section 90.609(b) of the Commission's Rules Prohibiting the Transfer and Assignment of Unconstructed Licenses, Request for Extension of License Term of 800 MHz SMR Licensees, Memorandum Opinion and Order, 13 FCC Rcd 21944 (1998). Supra, note 1. Application for Review at 2. Id. at 3. Id. at 4. See Interstate Broadcasting Company, Inc., 2 FCC Rcd 4051 (ASD 1987); and American Trucking
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1.txt
  • information to be furnished by applicants for facilities under this subpart. * * * * * (e) All applicants for frequencies governed by this subpart are subject to the frequency coordination requirements of § 90.175(b) except applicants requesting frequencies for EA-based SMR operations in the 806-824 MHz /851-869 MHz band or 896-901 MHz /935-940 MHz band. Paragraph (c) of Section 90.609 is amended to eliminate references to Spectrum Block D which will no longer exist after band reconfiguration: § 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz. * * * * * (c) Licensees of constructed systems in any category are permitted to make partial assignments of an authorized grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-168A1_Erratum.doc
  • information to be furnished by applicants for facilities under this subpart. * * * * * (e) All applicants for frequencies governed by this subpart are subject to the frequency coordination requirements of § 90.175(b) except applicants requesting frequencies for EA-based SMR operations in the 806-824 MHz /851-869 MHz band or 896-901 MHz /935-940 MHz band. Paragraph (c) of Section 90.609 is amended to eliminate references to Spectrum Block D which will no longer exist after band reconfiguration: § 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz. * * * * * (c) Licensees of constructed systems in any category are permitted to make partial assignments of an authorized grant
• 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
  • 90.517 Report of operation (change to allow electronic filing of 90.517 information via ULS). 90.601 Scope (revise to reflect Part 1). 90.601 Federal Communications Commission FCC 98-25 K-4 90.605 Forms to be used (change form numbers). 90.605 90.607 Supplemental information to be furnished by applicants 90.607 for facilities under this subpart (change to allow electronic filing of information via ULS). 90.609(a) Special limitations on amendment of applications for 1.927, 1.948 assignment or transfer of authorizations for radio systems above 800 MHz (move to consolidated Part 1 Rule). 90.611 Processing of applications (move to consolidated Part 1 1.926 Rule). 90.621(e)(3)(i)( Selection and assignment of frequencies (change to allow90.621(e)(3)(i), e)(5),(f)(1) electronic filing of information via ULS). (e)(5),(f)(1) 90.625(a) Other criteria to be applied
• http://wireless.fcc.gov/auctions/general/releases/fc000403.doc http://wireless.fcc.gov/auctions/general/releases/fc000403.pdf http://wireless.fcc.gov/auctions/general/releases/fc000403.txt
  • Chadmoore Comments at 4; Chadmoore Reply Comments at 3; NTCC Comments at 15. We will define the area as 70 miles from the subject station. See 47 C.F.R. § 90.621(b). We note that a one-year moratorium has been imposed upon General Category licensees that make partial assignment of a station's frequencies to stem trafficking in licenses. See 47 C.F.R. § 90.609(c); see also Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86-404, 3 FCC Rcd 1838, 1847 ¶ 79 (1988) See Competitive Bidding Fifth Report and Order, 9 FCC Rcd at 5583-84 ¶ 117 (explaining that a holding period would be imposed to avoid sham arrangements with broadband PCS licenses). See 47 C.F.R. §
• 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
  • 90.517 Report of operation (change to allow electronic filing of 90.517 information via ULS). 90.601 Scope (revise to reflect Part 1). 90.601 Federal Communications Commission FCC 98-25 K-4 90.605 Forms to be used (change form numbers). 90.605 90.607 Supplemental information to be furnished by applicants 90.607 for facilities under this subpart (change to allow electronic filing of information via ULS). 90.609(a) Special limitations on amendment of applications for 1.927, 1.948 assignment or transfer of authorizations for radio systems above 800 MHz (move to consolidated Part 1 Rule). 90.611 Processing of applications (move to consolidated Part 1 1.926 Rule). 90.621(e)(3)(i)( Selection and assignment of frequencies (change to allow90.621(e)(3)(i), e)(5),(f)(1) electronic filing of information via ULS). (e)(5),(f)(1) 90.625(a) Other criteria to be applied
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992720.doc
  • Superior Court of Puerto Rico (Marshall) in their stead. In its Applications, therefore, TPR seeks the Commission's consent to the involuntary assignment of the unconstructed licenses from Caribbean Spectrum, Inc., Island SMR, Inc., and Digital Communications, Inc. (hereinafter ``licensees'') to TPR. North Sight seeks to deny the assignments on two grounds. First, North Sight argues that the applications violate Section 90.609(b)(2) of the Commission's rules, which prohibits the transfer of unconstructed SMR stations absent certain specific circumstances. Second, the applications were not signed by officers of the licensees as required by section 1.913 of the Commission's rules. TPR asserts that, in light of the particular circumstances and consistent with agency precedent, the Commission should waive these rules as necessary and approve
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000452.doc
  • to assign to Nextel certain 800 MHz SMR licenses. The proposed assignment included the transfer of unconstructed authorizations. The Bureau sought comment on whether the proposed assignment was in the public interest and, after reviewing the record, concluded that the assignment would promote competition in the broader CMRS marketplace and was consistent with antitrust principles. The Bureau recognized that Section 90.609(b) of the Commission's rules precludes the transfer of unconstructed authorizations for a conventional or trunked radio system, but affirmed its policy that Section 90.609(b) does not apply to the transfer of unconstructed digital authorizations where the service contours of the unconstructed authorizations are entirely within the footprint of already constructed analog facilities. Motorola certified to the Bureau that all of
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001848.doc
  • taken pursuant to delegated authority as set forth in section 0.331 of the Commission's rules, 47 C.F.R. § 0.331. Federal Communications Commission William W. Kunze Chief, Commercial Wireless Division Wireless Telecommunications Bureau Petition for Reconsideration filed April 17, 2000. See Public Notice, Commission Grants Goodman/Chan Receivership Licensees and Similarly Situated Non-Goodman/Chan General Category SMR Licensees a Temporary Waiver of Section 90.609(b) of the Commission's Rules, DA 98-1656 (rel. August 19, 1998). According to the Public Notice, ``similarly situated'' licensees are licensees who obtained their 800 MHz SMR General Category licenses through application preparation services, but did not hire one of the four companies that were the subject of the Goodman/Chan proceeding, and who were granted licenses with an eight-month construction period.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00070.doc
  • not timely constructed. The Denial Letter specifically stated that there was no evidence of construction provided with Dickinson's Assignment Application, and that the Commission had eliminated the availability of extended implementation authority in the 800 MHz SMR service. The Division also dismissed the Assignment Application requesting assignment of Station KGU261 from Nelson to Dickinson, on the basis that under Section 90.609 of the Commission's Rules, a license to operate a radio system may not be assigned prior to the completion of construction of the facility. 5. Dickinson filed a petition for reconsideration of the May 31, 1996, denial action on June 25, 1996. Dickinson argued that Station KGU261 had been constructed by Nelson, the assignor, and had operated prior to the
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980820.html
  • Internet URL: [10]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions /ac980819.txt Report No: 37. Released: August 19, 1998. WIRELESS TELECOMMUNICATIONS BUREAU SITE-BY-SITE ACTION. Internet URL: [11]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8099.pd f Report No: 38. Released: August 19, 1998. WIRELESS TELECOMMUNICATIONS BUREAU SITE-BY-SITE ACCEPTED FOR FILING. Internet URL: [12]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8100.pd f Released: August 19, 1998. COMMISION GRANTS GOODMAN/CHAN RECEIVERSHIP LICENSEES AND SIMILARLY SITUATED NON-GOODMAN/CHAN GENERAL CATEGORY SMR LICENSEES A TEMPORARY WAIVER OF SECTION 90.609 (B) OF THE COMMISSION'S RULES. (DA No. 98-1656). Contact: Ramona Melson or David Judelsohn at (202) 418-7240 or Terry Fishel at (717) 338-2602. Internet URL: [13]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981656.wp ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- STATEMENT OF FCC CHAIRMAN WILLIAM KENNARD ON ACCESS DECISION. Internet URL: [14]http://www.fcc.gov/Speeches/Kennard/Statements/stwek864.html ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- NUMBER PORTABILITY QUERY SERVICES. The Commission concluded investigation of tariff revisions described