FCC Web Documents citing 90.623

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

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2810A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2810A1.pdf
  • filed for these channels before the initial filing date will be dismissed. To be accepted for filing, applications must be coordinated by a qualified frequency coordinator (see ``Frequency Coordination'' below) that follows pre-coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission (see ``Pre-Coordination Procedures'' below). Applications must meet the frequency limitations specified in Sections 90.623 and 90.627 of the Commission's rules. Due to the limited availability of channels during the period of exclusive eligibility, applicants will not be permitted to apply for more then five channels per fixed location. Furthermore, requests for extended implementation pursuant to Section 90.629 will be subject to a high level of scrutiny and will not be routinely granted. Frequency Coordination
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2201A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-2201A1.pdf
  • for filing, applications must be coordinated by a certified frequency coordinator (see ``Frequency Coordination'' below) that follows pre-filing coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission (see ``Pre-filing Coordination Procedures'' below). If coordinators do file mutually exclusive applications, all will be dismissed without prejudice. Applications must meet the frequency limitations specified in Sections 90.623 and 90.627 of the Commission's rules. Due to the limited availability of channels during the period of exclusive eligibility, applicants will be permitted to apply for no more than five channels per fixed location. Furthermore, requests for extended implementation pursuant to Section 90.629 of the Commission's rules will be subject to a high level of scrutiny and will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1171A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1171A1.txt
  • zone on either side of the rights-of-way of all operating rail lines in the United States. PTC, once called an Advanced Train Control System (ATCS), operates on six Industrial/Land Transportation frequency pairs in the 900 MHz band and is designed to prevent train collisions, high speed accidents, or incursions into locations reserved for roadway workers. See Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHz Frequency Pairs for an Advanced Train Control System, 3 FCC Rcd 427, 427 ¶¶ 1-6 (1988). If this petition for a single geographic license is granted, AAR plans to issue sub-licenses to the individual railroads who use ATCS/PTC while it maintains a computerized database
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-83A1.txt
  • ñ DA 00-83 Released: January 18, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY THE CITY OF TUCSON, ARIZONA, FOR AUTHORIZATION OF TEN ADDITIONAL 800 MHZ CONVENTIONAL CHANNELS FOR MOBILE DATA OPERATIONS Comment Date: February 17, 2000 Reply Comment Date: March 3, 2000 On July 6, 1999, the City of Tucson (Tucson) requested a waiver of Sections 90.623(a) and 90.625(a) of the Commission's Rules, 47 C.F.R. §§ 90.623(a), 90.625(a), in order to be authorized on an exclusive basis ten (10) additional conventional 800 MHz channels for mobile data operations in the Tucson area (Request). Tucson currently operates a nine-channel conventional 800 MHz system with 650 mobile units, which it uses for computer aided dispatch. Tucson seeks to expand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-931A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-931A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-931A1.txt
  • to Operate on an Exclusive ) Basis on Additional 800 MHz Channels in ) the Tucson area ) ORDER Adopted: April 25, 2000 Released: April 27, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On July 6, 1999, the City of Tucson (Tucson) filed a request for waiver (Waiver Request) of Sections 90.623(a) and 90.625(a) of the Commission's Rules to permit it to use, on an exclusive basis, ten additional conventional 800 MHz channels for mobile data operations in the Tucson area. Subsequently, on August 13, 1999, Tucson filed an associated application. For the reasons discussed herein, we grant the Waiver Request. II. BACKGROUND Currently, Tucson operates a nine-channel conventional 800 MHz system
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-359A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-359A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-359A1.txt
  • economically. For example, the system was designed to prevent train collisions, high speed accidents, and incursions into locations reserved for railway workers. Because some of the ATCS's operating requirements could not be met under the Commission's regulations, AAR sought a waiver of Sections 90.621(d) (providing a means for achieving exclusivity by a seventy-mile protection contour for stations meeting loading requirement), 90.623(a) (limiting the number of channels that may be assigned to a licensee for operation in the conventional mode to five), 90.629 (limiting extended implementation periods to three years), 90.629(b) (requiring annual progress reports by licensees with extended implementation periods, and providing that exclusivity for conventional channels cancels automatically if the implementation schedule is not met), 90.633(a) (setting a loading requirement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2810A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2810A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2810A1.txt
  • filed for these channels before the initial filing date will be dismissed. To be accepted for filing, applications must be coordinated by a qualified frequency coordinator (see ``Frequency Coordination'' below) that follows pre-coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission (see ``Pre-Coordination Procedures'' below). Applications must meet the frequency limitations specified in Sections 90.623 and 90.627 of the Commission's rules. Due to the limited availability of channels during the period of exclusive eligibility, applicants will not be permitted to apply for more then five channels per fixed location. Furthermore, requests for extended implementation pursuant to Section 90.629 will be subject to a high level of scrutiny and will not be routinely granted. Frequency Coordination
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2301A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2301A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2301A1.txt
  • for filing, applications must be coordinated by a certified frequency coordinator (see ``Frequency Coordination'' below) that follows pre-filing coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission (see ``Pre-filing Coordination Procedures'' below). If coordinators do file mutually exclusive applications, all will be dismissed without prejudice. Applications must meet the frequency limitations specified in Sections 90.623 and 90.627 of the Commission's rules. Due to the limited availability of channels during the period of exclusive eligibility, applicants will not be permitted to apply for more than five channels per fixed location. Furthermore, requests for extended implementation pursuant to Section 90.629 of the Commission's rules will be subject to a high level of scrutiny and will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2201A1.txt
  • for filing, applications must be coordinated by a certified frequency coordinator (see ``Frequency Coordination'' below) that follows pre-filing coordination procedures to eliminate conflicts between applications prior to their being filed with the Commission (see ``Pre-filing Coordination Procedures'' below). If coordinators do file mutually exclusive applications, all will be dismissed without prejudice. Applications must meet the frequency limitations specified in Sections 90.623 and 90.627 of the Commission's rules. Due to the limited availability of channels during the period of exclusive eligibility, applicants will be permitted to apply for no more than five channels per fixed location. Furthermore, requests for extended implementation pursuant to Section 90.629 of the Commission's rules will be subject to a high level of scrutiny and will not be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-341A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-341A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-341A1.txt
  • whether James A. Kay, Jr. has violated Section 308(b) of the Act and/or Section 1.17 of the Commission's Rules by failing to provide information requested in his responses to Commission inquiries; . . . . c) To determine if Kay has willfully or repeatedly violated any of the Commission's construction and operation requirements in violation of Sections 90.155, 90.157, 90.313, 90.623, 90.627, 90.631, and 90.633 of the Commission's Rules; d) To determine whether [Kay] has abused the Commission's processes by filing applications in multiple names in order to avoid compliance with the Commission's channel sharing and recovery provisions in violation of Sections 90.623 and 90.629; . . . . g) To determine, in light of the evidence adduced pursuant to the
• http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://transition.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • at 44. 321 See NPSTC Comments at 35. 322 We will allow mobile and portable units to have analog modulation capability as a secondary mode in addition to its primary digital mode. 323 Second Notice, 12 FCC Rcd at 17,772-73. 324 See, e.g., FLEWUG Comments at 22; Florida Comments at 7; Ericsson Comments at 18. 325 See 47 C.F.R. § 90.623(a). 59 technology in use by public safety systems today.320 Yet, in spite of these advantages, digital modulation technology is not yet widely used in public safety wireless communications systems. 127. One factor that could be impeding conversion of public safety wireless telecommunications systems to digital modulation is that public safety entities already have a substantial investment in existing analog systems.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98191.wp
  • at 44. 321 See NPSTC Comments at 35. 322 We will allow mobile and portable units to have analog modulation capability as a secondary mode in addition to its primary digital mode. 323 Second Notice, 12 FCC Rcd at 17,772-73. 324 See, e.g., FLEWUG Comments at 22; Florida Comments at 7; Ericsson Comments at 18. 325 See 47 C.F.R. § 90.623(a). 59 technology in use by public safety systems today.320 Yet, in spite of these advantages, digital modulation technology is not yet widely used in public safety wireless communications systems. 127. One factor that could be impeding conversion of public safety wireless telecommunications systems to digital modulation is that public safety entities already have a substantial investment in existing analog systems.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000931.doc
  • to Operate on an Exclusive ) Basis on Additional 800 MHz Channels in ) the Tucson area ) ORDER Adopted: April 25, 2000 Released: April 27, 2000 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: I. INTRODUCTION 1. On July 6, 1999, the City of Tucson (Tucson) filed a request for waiver (Waiver Request) of Sections 90.623(a) and 90.625(a) of the Commission's Rules to permit it to use, on an exclusive basis, ten additional conventional 800 MHz channels for mobile data operations in the Tucson area. Subsequently, on August 13, 1999, Tucson filed an associated application. For the reasons discussed herein, we grant the Waiver Request. II. BACKGROUND Currently, Tucson operates a nine-channel conventional 800 MHz system
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • Reeulations (66 90.601 - 90.699) l Supplemental information needed for SMR applications (4 90.607) should be streamlined. Specifically: (1) a statement of the planned mode of operation, and (2) a statement certifying that no person not eligible to use the system will be offered or provided service should both be eliminated. +. l Limitations on channels for conventional systems (0 90.623) should be eliminated for commercial SMR systems. Additionally, limits on number of frequencies available to conventional systems and co-channel system separation guidelines are unnecessary for commercial SMRs. Part 90 220 MHz Replations (5s 90.701 - 90.7711 l Restrictions on assignments of authorization and transfers of control (4 90.709) should be eliminated.Licensees of initial 220 MHz licenses are not permitted to
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000083.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da000083.txt
  • 8bit DA 00-83 Released: January 18, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY THE CITY OF TUCSON, ARIZONA, FOR AUTHORIZATION OF TEN ADDITIONAL 800 MHZ CONVENTIONAL CHANNELS FOR MOBILE DATA OPERATIONS Comment Date: February 17, 2000 Reply Comment Date: March 3, 2000 On July 6, 1999, the City of Tucson (Tucson) requested a waiver of Sections 90.623(a) and 90.625(a) of the Commission's Rules, 47 C.F.R. §§ 90.623(a), 90.625(a), in order to be authorized on an exclusive basis ten (10) additional conventional 800 MHz channels for mobile data operations in the Tucson area (Request). Tucson currently operates a nine-channel conventional 800 MHz system with 650 mobile units, which it uses for computer aided dispatch. Tucson seeks to expand
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.txt
  • zone on either side of the rights-of-way of all operating rail lines in the United States. PTC, once called an Advanced Train Control System (ATCS), operates on six Industrial/Land Transportation frequency pairs in the 900 MHz band and is designed to prevent train collisions, high speed accidents, or incursions into locations reserved for roadway workers. See Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHz Frequency Pairs for an Advanced Train Control System, 3 FCC Rcd 427, 427 ¶¶ 1-6 (1988). If this petition for a single geographic license is granted, AAR plans to issue sub-licenses to the individual railroads who use ATCS/PTC while it maintains a computerized database
• http://www.fcc.gov/ogc/documents/opinions/1997/keller.html http://www.fcc.gov/ogc/documents/opinions/1997/keller.wp
  • of the Commission's Rules to Permit New York Metropolitan Area Public Safety Agencies to Use Frequencies at 482-488 MHZ on a Conditional Basis, Order, 10 F.C.C.R. 4466, 4468 (1995) (waiving requirements because "public safety agencies in the New York City metropolitan area have an urgent and immediate need for additional spectrum capacity for public safety communications"); Waiver of Sections 90.621(d), 90.623(a), 90.629, 90.633, and 90.651(c) of the Commission's Rules to License Use of Six Conventional 900 MHZ Frequency Pairs for an Advanced Train Control System, Order, 3 F.C.C.R. 427, 428 (1988) (citing 47 U.S.C. 151, 332(a)(1) in support of waiver granted to facilitate development of an Advanced Train Control System which would "improve railroad safety ... dramatically"). Applying these principles, we
• http://www.fcc.gov/ogc/documents/opinions/2004/02-1175-091704.pdf
  • § 706(2)(A).........................................................................................................28 28 U.S.C. § 2342.................................................................................................................2 28 U.S.C. § 2344.................................................................................................................2 28 U.S.C. § 2348.................................................................................................................2 47 U.S.C. § 308(b)..........................................................................................................3, 5 47 U.S.C. § 310(d)............................................................................................................10 47 U.S.C. § 402(a)..........................................................................................................1, 2 47 U.S.C. § 402(b)(1).........................................................................................................2 47 U.S.C. § 402(b)(1)(2).....................................................................................................1 47 U.S.C. § 402(b)(5).........................................................................................................1 47 C.F.R. § 0.459................................................................................................................7 47 C.F.R. § 90.1, et seq.......................................................................................................4 Page v 47 C.F.R. § 90.313 (1994)..................................................................................................4 47 C.F.R. § 90.623 (1994)..................................................................................................4 47 C.F.R. § 90.627 (1994)..................................................................................................4 47 C.F.R. § 90.631 (1994)..................................................................................................4 47 C.F.R. § 90.633 (1994)..................................................................................................4 Others FRAP 15(a)(2)(B)...............................................................................................................2 * Cases and other authorities principally relied upon are marked with asterisks. GLOSSARY vi Act The Communications Act of 1934, as amended ALJ Administrative Law Judge Bureau Wireless Telecommunications Bureau or Enforcement Bureau Management Agreement stations Stations subject to the Kay/Sobel