FCC Web Documents citing 90.629

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

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  • 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 Applications for vacated channels specified in this Public Notice must include a certification of frequency coordination by an eligible frequency coordinator pursuant to Section 90.175 of the Commission's rules. The certification must state that the coordinator has searched the VCSE and the Commission's
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  • EXTEND ``SLOW GROWTH'' AUTHORIZATIONS File No. 0003776692 Comment Date: June 11, 2009 Reply Comment Date: June 26, 2009 The Public Safety and Homeland Security Bureau seeks comment on an application and waiver request filed on March 16, 2009, by the State of New York (New York). Pursuant to Section 1.925 of the Commission's Rules, New York seeks waiver of Section 90.629 of the Commission's Rules (Extended Implementation Period), to extend its ``slow growth'' authorizations. Specifically, New York represents that it has made ``substantial progress'' toward completion of a new statewide wireless network for its public safety radio operations, but that completion of the project was prevented by the default of New York's prime vendor, which it has terminated. It therefore proposes
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  • 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 routinely granted. In addition, PSHSB has limited the eligibility for applying for vacated channels to (1) public safety licensees that have fully executed Frequency Reconfiguration Agreements (FRAs) at the time they apply for the vacated channels, and (2) public safety licensees that are
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  • in which to construct and place its system into operation, i.e., until May 15, 2009. In 2009, Summit obtained another one-year extension of its construction period, i.e. until May 31, 2010. On May 7, 2010, Summit requested a one-year extension; in response the Bureau asked Summit to clarify its proposed buildout deadline and advised Summit that a waiver of Section 90.629 of the Commission's rules would be required. On May 17, 2010, Summit requested a waiver to allow a further one-year extension of its construction period, i.e. until May 31, 2011, citing a lack of financing. By letter dated May 20, 2010, the Bureau dismissed Summit's extension request, concluding that Summit failed to justify an extension. The Bureau further concluded that
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  • places, communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public safety assignments on these frequencies without causing harmful interference to existing public safety systems. See Alternative Frequencies For Use by Public Safety
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  • months from the date of license grant or the authorization cancels automatically and must be returned to the Commission. ITS America contends, however, that a public safety licensee seeking authorization to construct and operate RSUs to serve a single physical facility or in a ribbon or corridor should be able to seek an extended deployment period in accordance with Section 90.629 of the Commission's Rules. We seek comment on whether, if we elect site-based licensing, construction requirements for DSRC operations in the 5.9 GHz band are necessary; and, if so, what construction periods are appropriate. We also request comment on whether public safety and non-public safety licensees should have the same or different construction requirements. ITS America recommends a license term
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  • year of the effective date of the spectrum manager leasing arrangement. If the public safety entity fails to place the network into operation within one year, the Public Safety Broadband Licensee shall terminate the spectrum leasing arrangement pursuant to � 1.9020(h)(3). The public safety entity may also seek extended implementation authority from the Commission pursuant to the requirements of � 90.629 of this Part. (6) Except as set forth herein, the separate network is not required to meet the other specifications of the Shared Wireless Broadband Network. Absent agreement of the public safety entity, the Public Safety Broadband Licensee, and the Upper 700 MHz D Block licensee, the separate network may not operate using any spectrum associated with the Upper 700
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  • 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 of
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  • � 1.106(g). See e.g., In the Matter of Nextel Communications, Inc., Order, 13 FCC Rcd. 281 (Holding that a ``Petition for Special Relief'' filed beyond 30 days constituted a late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 � 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. � 90.173(k). See also Finder's Report and Order at 7305, � 49. Finder's Report and Order at 7308, � 68. Petition at 2-4, �� 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R. 90.173(k)(3)(1994). Federal
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  • Request was filed. 4. At the time the finder's preference request was filed, the target station was already under compliance review because it was part of die CellCall El Request. In the Finder's Preference Program, the Commission exempted the recovery of channels of licensees scheduled for or currently under compliance review.5 The submission of an extended implementation request under section 90.629 of the Commission's rules initiates compliance review. Therefore, any recovery of the instant channels would have been the result of Commission action. Mr. Barker was not eligible to obtain a preference for Station WPDG855 after the CellCall El Request was filed on December 16, 1994. Therefore, we find Station WPDG855 was not properly the subject of a findefs preference request.6
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  • from 1986 through 1989. Section 610 requires the Commission to review such Rules and determine whether the Rules should be continued without change, amended or rescinded to minimize ``any significant impact . . . upon a substantial number of small entities.'' On December 10, 1999, the Commission received comments filed by Small Business in Telecommunications (SBT) requesting amendment of Section 90.629 of the Commission's Rules. After careful review of SBT's comments, we conclude that a rulemaking proceeding to amend Section 90.629 of the Commission's Rules along the lines suggested by SBT is not warranted at this time. BACKGROUND In December 1995, the Commission adopted a wide-area geographic area licensing approach for Specialized Mobile Radio (SMR) systems operating in the 800 MHz
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  • 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 of seventy mobile units), 90.633(c) (requiring construction within eight months of license grant unless an extended implementation period is granted), and
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  • PCC Request was filed prior to the expiration of the licenses' eight-month construction period, it should be treated as a timely extension request for purposes of the Goodman/Chan proceeding. Preferred acknowledges that a similar argument from Chadmoore Wireless Group (``Chadmoore'') was previously rejected in a decision by the Division. As that order explained, the extended implementation procedure under former section 90.629 of the Commission's rules was entirely separate from and had no relation to the extension requests being considered by the Commission in the Goodman/Chan proceeding. Preferred's attempts to explain why a different result should obtain in this case are based on a misreading, at best, of Commission precedent concerning the different treatment of extended implementation requests and requests for relief
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  • Rcd 7297 (1991). In 1998, the Commission eliminated the finder's preference program. See Amendment of Part 90 Concerning the Commission's Finder's Preference Rules, WT Dkt. No. 96-199, Report and Order, 13 FCC Rcd 23816 (1998). Land mobile applicants, upon proper showing, may receive an extended period of time for constructing and placing a station in operation. See 47 C.F.R. � 90.629. On August 29, 1991, Regents was granted a three-year extended implementation schedule to construct Station WNXC946. The ``slow growth'' period was scheduled to end on August 29, 1994. Regents subsequently requested an extension of the slow growth period on July 28, 1994. See Regents MO&O, 17 FCC Rcd at 1394 � 3. In 1993 Kay filed a finder's preference request
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  • bidders purchased 1030 800-MHz General Category licenses; the SMR lower band auction ended December 5, 2000, with 22 winning bidders obtaining 2800 800-MHz licenses (Lower 80 Channels); and a Multi-Radio Service auction (Auction 43) consisting, in part, of previously unawarded General Category licenses ended January 17, 2002, with 2 winning bidders obtaining 23 General Category licenses. Comments Sections 90.607(a), 90.621(b)(5), 90.629(e), 90.631(d) and (i), 90.635(a) and (c), 90.653, and 90.658. PCIA requests the amendment or elimination of the following rules: (1) section 90.607(a), which requires that applicants describe a planned mode of operation and provide a statement regarding the eligibility of users on the system; (2) section 90.631(d), which addresses increases in system capacity in rural areas, but includes a definition
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  • bidders purchased 1030 800-MHz General Category licenses; the SMR lower band auction ended December 5, 2000, with 22 winning bidders obtaining 2800 800-MHz licenses (Lower 80 Channels); and a Multi-Radio Service auction (Auction 43) consisting, in part, of previously unawarded General Category licenses ended January 17, 2002, with 2 winning bidders obtaining 23 General Category licenses. Comments Sections 90.607(a), 90.621(b)(5), 90.629(e), 90.631(d) and (i), 90.635(a) and (c), 90.653, and 90.658. PCIA requests the amendment or elimination of the following rules: (1) section 90.607(a), which requires that applicants describe a planned mode of operation and provide a statement regarding the eligibility of users on the system; (2) section 90.631(d), which addresses increases in system capacity in rural areas, but includes a definition
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 6 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of INTERSTATE POWER AND LIGHT CO. Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules ) ) ) ) ) ) ) ) ) FCC File No. 0001104499, 0001104500 0001104501, 0001104502, 0001104503, 0001104504, 0001104505 ORDER Adopted: May 29, 2003 Released: May 30, 2003 By the Chief, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau: Introduction. In this Order, we address the above-captioned applications and requests for waiver (Waiver Requests) of
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  • Response at 5. Id. Because this is a statewide system, we will look at loading on a system aggregate basis. Loading will be based on the number of discrete frequencies times 50 units per discrete frequency. See 47 C.F.R. � 90.155(a). See captioned applications, Attachment entitled ``Extended Implementation Period'' (Extended Implementation Schedule''). 47 C.F.R. � 90.155(b) citing 47 C.F.R. � 90.629. 47 C.F.R. � 90.629(a). Id. and accompanying text, supra. See Extended Implementation Schedule. Having satisfied the first prong of Section 90.629(a), and notwithstanding the fact that Alaska need not satisfy any additional prongs thereof to qualify for a grant of extended implementation, we also find that Alaska has satisfied the second prong of Section 90.629(a) because the ALMR system is
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  • 2002 (Petition). See Reference No. 1383567, dated Apr. 15, 2002 (Dismissal Letter). See FCC File No. 0000843248, filed Apr. 10, 2002 (Extension Request). See FCC File No. 0000772245, filed Feb. 14, 2002 (Renewal Application). The County's license was granted by waiver of Section 90.621(b)(4) of the Commission's Rules. See 47 C.F.R. � 90.621(b)(4) (co-channel separation requirement). See 47 C.F.R. � 90.629 (extended implementation period). The County's license expressly stated that ``[f]ailure to certify annually as to station construction commitments will terminate the authority for the extended implementation period and will require complete system construction within six months of the first missed annual certification date.'' See Renewal Application. Extension Request at 1. Id. Id. Id. See Dismissal Letter. Id. Id. Id. Petition
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  • Interest Statement''); ``Exhibit C: Description of Amendment Application'' (``August 2002 Amendment''); June 19, 2003 amendment (``June 2003 Amendment''), July 31, 2003 amendment (``July 2003 Amendment''); and August 6, 2003 amendment (``August 2003 Amendment''). 47 C.F.R. �� 90.155(a), 90.633(c). We note, however, that licenses subject to an extended implementation period need not be constructed within one year. See 47. C.F.R � 90.629. 47 C.F.R. � 90.633(d). 47 C.F.R. � 1.955(a)(3). 47 C.F.R. � 90.157. 47 C.F.R. � 90.157. See Extension Requests. See August 2002 Amendment. See August 2002 Amendment; Extension Requests, Exhibit B. Id. at 3. See August 2002 Amendment. See June 2003 Amendment. Motient indicated that the following licenses ``were built and placed in accordance with FCC requirements on or before
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  • uncertainty and delay, and hinder [the Commission's] ability to relicense scarce spectrum resources to other licensees who are ready and able to construct''); see also In the Matter of Interstate Power and Light Co., Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, FCC File No. 0001104499, 0001104500 0001104501, 0001104502, 0001104503, 0001104504, 0001104505, Order, 18 FCC Rcd 11051 (Pub. Safety Div. 2003). See e.g. Instapage at 19090-19091 �� 14-15. See January 24th Order at 802 � 5. See January 24th Order at 802 � 5; see also December Supplement. See id. We find no factual basis for the argument
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  • Part 22 and Part 90 channels, and its need to coordinate its facilities with Canada. Therefore, if its request was denied, NYSEG argues it would be difficult to support its critical utility operations in furtherance of the public interest. NYSEG also argues that an extension is consistent with the Commission's treatment of similarly situated licensees. Specifically, NYSEG contends that section 90.629 allows systems of similar design and complexity five years to construct; and that section 90.155(b) allows public safety eligible entities in the 150 MHz range five years to construct. NYSEG asserts that these extended implementation rules should also apply to critical infrastructure entities such as itself because it is also building a spectrally efficient trunked radio system. NYSEG also argues
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  • and Promoting Opportunities for Rural Telephone Companies To Provide Spectrum-Based Services,'' Report and Order and Further Notice of Proposed Rule Making, 19 FCC Rcd. 19078, 19086 (2004). . See Interstate Power and Light Co, Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, Order, 18 FCC Rcd 11051, 11056 � 15(2003). (``Interstate plans on using the requested extension of time for, among other things, redesigning certain aspects of its system to maintain future interoperability, enhance channel utilization, and improve system performance and overall frequency efficiency. This is consistent with our public interest goals of promoting efficient utilization of the
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  • 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 Applications for vacated channels specified in this Public Notice must include a certification of frequency coordination by an eligible frequency coordinator pursuant to Section 90.175 of the Commission's rules. The certification must state that the coordinator has searched the VCSE and the Commission's
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  • the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. No. 109-59, 119 Stat 1144 (2005). Id. at 3. See 47 C.F.R. � 1.925(b)(3)(i). See Interstate Power and Light Co, Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, Order, 18 FCC Rcd 11051, 11056 � 15(2003). 47 U.S.C. � 154(i), 47 C.F.R. �� 0.331, 1.925. - Federal Communications Commission Washington, D.C. 20554 February 21, 2008 h � kd� H �%���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
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  • when the proposed facilities will be above Line A. See 47 C.F.R. � 1.928. Id. Amendment to Waiver Request at 1. Id. Id. See 47 C.F.R. � 1.925(b)(3)(i). See Interstate Power and Light Co, Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, Order, 18 FCC Rcd 11051, 11056 � 15(2003). 47 U.S.C. � 154(i), 47 C.F.R. �� 0.331, 1.925. - Federal Communications Commission Washington, D.C. 20554 March 27, 2008 � �%���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 � \�+�_
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  • EXTEND ``SLOW GROWTH'' AUTHORIZATIONS File No. 0003776692 Comment Date: June 11, 2009 Reply Comment Date: June 26, 2009 The Public Safety and Homeland Security Bureau seeks comment on an application and waiver request filed on March 16, 2009, by the State of New York (New York). Pursuant to Section 1.925 of the Commission's Rules, New York seeks waiver of Section 90.629 of the Commission's Rules (Extended Implementation Period), to extend its ``slow growth'' authorizations. Specifically, New York represents that it has made ``substantial progress'' toward completion of a new statewide wireless network for its public safety radio operations, but that completion of the project was prevented by the default of New York's prime vendor, which it has terminated. It therefore proposes
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  • 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 Power and Light Co, Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, Order, 18 FCC Rcd 11051, 11056 � 15 (2003). Substantial Service Showings at 4 - 5. File Nos. 0003724408, 0003517365 and 0003565842. (...continued from previous page) (continued....) Federal Communications Commission DA 09-1459 Federal Communications Commission DA 09-1459 m n � F � � � � � � � � �
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  • 0003222776 ARE HEREBY DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau 33We will extend the five-and ten-year construction deadlines until March 22, 2012. 34SeeInterstate Power and Light Co, Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, Order, 18 FCC Rcd 11051, 11056 � 15(2003). 35Substantial Service Showings at 4 �5. 36File Nos. 0003724408, 0003517365 and 0003565842. 8660
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  • 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 routinely granted. Frequency Coordination Applications for vacated channels made available pursuant to this Public Notice must include a certification of frequency coordination by an appropriate Commission-certified frequency coordinator in accordance with Section 90.175 of the Commission's rules. The certification must state that the
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  • the notices came to the appropriate person's attention nearly two months after the licenses expired). ULS MO&O, 14 FCC Rcd at 11485 � 21. See In the Matter of Interstate Power and Light Co. Requests for Extension of Time to Construct Private Land Mobile Radio Stations WPBI312, WPBI313, WPBI314, WPBI315, WPBI316, WPBI317, and WPBI318, and Waiver of Sections 1.946 and 90.629 of the Commission's Rules, Order, 18 FCC Rcd 11051, 11057 � 17 (PSPWD 2003) (granting a request for extension of time to construct where the licensee submitted extension requests four times, twice before the construction deadline, and noting that ``[t]here is a clear distinction between a licensee that unsuccessfully attempts to timely file and one who submits nothing until the
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  • MHz and 862.1125 MHz) associated with call sign WPYD855. This action is taken under delegated authority pursuant to section 4(i) of the Communications Act, as amended, 47 U.S.C. � 154(i), and sections 0.331, 1.925, and 90.631 of the Commission's rules. Sincerely, Thomas P. Derenge Deputy Chief, Mobility Division Wireless Telecommunications Bureau Northwest indicates that it requests a waiver of section 90.629 of the Commission's rules. However, section 90.629 pertains to extended implementation. We note that Northwest was not granted extended implementation and therefore conclude its request for waiver pertains to section 90.631, which involves the construction requirements for 800 MHz licenses such as the one held by Northwest. See 47 C.F.R. �� 90.629 and 90.631. See File No. 0003507658. The frequencies
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  • and vacated spectrum. San Francisco contends that the project in which the spectrum will be used is funded, is on schedule to be completed in approximately three years, and is essential for its public transportation system. DISCUSSION Section 90.155 of the Commission's rules requires licensees to place all authorized stations into operation within twelve months of the grant date. Section 90.629 of the Commission's rules, however, provides an exception to the twelve-month construction requirement when licensees can justify extended implementation of their systems: (a) [t]he justification must describe the proposed system, state the amount of time necessary to construct and place the system in operation, identify the number of base stations to be constructed and placed in operation during each year
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  • 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 routinely granted. In addition, PSHSB has limited the eligibility for applying for vacated channels to (1) public safety licensees that have fully executed Frequency Reconfiguration Agreements (FRAs) at the time they apply for the vacated channels, and (2) public safety licensees that are
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  • these bands. Need: These rules state that local governments applying for Public Safety Pool frequencies are bound by all applicable rules, and that CMRS licensees that are operating in these bands are subject only to the station identification requirements of Section 90.425(e), and not Section 90.647(a)-(c). Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r) and 332(c)(7). Section Number and Title: 90.629(f) Extended implementation period. . 90.647(d) Station identification. PART 95-PERSONAL RADIO SERVICES SUBPART D-CITIZENS BAND (CB) RADIO SERVICE Brief Description: Part 95 contains the Commission rules relating to personal radio services. Subpart D sets forth the rules governing the various citizens band services, including the Citizens Band (CB) Radio Service; Family Radio Service (FRS); Low Power Radio Service (LPRS); Medical Device
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  • Commission Washington, D.C. 20554 DA 11-1691 October 7, 2011 Mr. Ron Wong Manager, Engineering/Technical LA-RICS Project 2525 Corporate Place, Suite 200 Monterey Park, CA 91754 Re: County of Los Angeles, Request for Waiver and Further Extended Implementation Authorization (Call Signs WPLU218, et al.), filed August 30, 2011. Dear Mr. Wong: This letter addresses the above-referenced request for waiver of Section 90.629 of the Commission's rules filed by the County of Los Angeles (County). The County requests the waiver to extend until June 30, 2012 the construction deadline associated with twenty-one narrowband licenses that are to be integrated into the Los Angeles Regional Interoperable Communications System (LA-RICS). For the reasons discussed below, we waive Section 90.629 of the Commission's rules and extend
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  • Petition for Reconsideration of a notice of termination of its license under Call Sign WQMC387 (Whitten Hill, ME). Maine also filed an extended implementation plan and requested an extension of the construction deadline for the Whitten Hill site, as well as for all its site licenses comprising its planned statewide system, until November 5, 2012, pursuant to Sections 90.155 and 90.629 of the Commission's rules. For the reasons stated below, we grant Maine's petition for reconsideration and we grant its request for extended implementation. On August 3, 2011, the Bureau notified Maine that it had placed Call Sign WQMC387 in ``Termination Pending'' status because Maine failed to meet its construction and construction notification requirements as required by the Commission's rules. The
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  • in which to construct and place its system into operation, i.e., until May 15, 2009. In 2009, Summit obtained another one-year extension of its construction period, i.e. until May 31, 2010. On May 7, 2010, Summit requested a one-year extension; in response the Bureau asked Summit to clarify its proposed buildout deadline and advised Summit that a waiver of Section 90.629 of the Commission's rules would be required. On May 17, 2010, Summit requested a waiver to allow a further one-year extension of its construction period, i.e. until May 31, 2011, citing a lack of financing. By letter dated May 20, 2010, the Bureau dismissed Summit's extension request, concluding that Summit failed to justify an extension. The Bureau further concluded that
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  • at hitelsat's expense. -~ 47 C.F.R. 0 25.2 I O(1). 7 8 See Bd. of Tmde v. Comn~odity Fi.rri4i-es Ti-adirig Coinin'n, 627 F.2d 392, 403 & n.78 (D.C. Cir. 19SO) 9 1 S60 (1 99s) (bfeniormdum Opinion 2nd Order) (citing PirBIic Cirirei~ HeaIrh Research groiip v. FDA, 704 F.2d 12S0,1290 (D.C. Cir. 1983)). Soirrl~ein Coiiiyniq. Reqiresi for \Vai\.er of Secrioii 90.629 of the Commission 's Rirles, 14 FCC Rcd I 85 1, 3 >J ore o\; er, 113 e t 1-9 1'3 s p 011 d e r i 11 foi-in a t i 017 137 e et s both de fi 17 it i on s of "con fi de 171 i a1 ." Fi I-s t , a decision
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  • under this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. * * * * * Section 90.155 is revised to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in �� 90.629, 90.631(f), 90.665, and 90.685, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. (b) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to � 90.629. (c) For purposes
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  • The Commission shall send a copy of this Supplemental Final Regulatory Flexibility Analysis, along with this Memorandum Opinion and Order, in a report to Congress pursuant to the Small Business Enforcement Fairness Act of 1996, 5 U.S.C. � 801(a)(1)(A). A copy of this Supplemental Final Regulatory Flexibility Analysis will also be published in the Federal Register. See 47 C.F.R. � 90.629. See also Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Memorandum Opinion and Order on Remand, 14 FCC Rcd. 21679, 21680, n.6 (� 4)(Remand Order). See 47 C.F.R. �� 90.615(a)(1994), 90.621(e)(1994). Fresno Mobile Radio, Inc., et al. v. FCC, 165 F.3d 965 (D.C. Cir. 1999) (Fresno). Remand
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  • 700 MHz R&O). We adopted fourteen year license term for geographic area licensees in the commercial 700 MHz band. See id. As discussed immediately below, however, the ``substantial service'' deadline for state licensees will be January 1, 2017. We envision granting state licenses early in the year 2002, thus necessitating a fifteen year license term. See 47 C.F.R. �� 90.155(b), 90.629(b). We may defer this date (and thus extend the deadlines) if the DTV transition period for a relevant market is extended as set forth in 47 U.S.C. � 309(j)(14)(B) (e.g., markets where 15% or more households do not have access to either DTV-equipped receivers or multi-channel video). In addition, given the large geographic licensing areas, each with a number of
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  • 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. � 1.2111(b)(1). See 47 C.F.R. � 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. � 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. � 90.609. Additionally, Section 90.157 provides that a license will cancel automatically if there
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-403A1_Erratum.doc
  • 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. � 1.2111(b)(1). See 47 C.F.R. � 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. � 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. � 90.609. Additionally, Section 90.157 provides that a license will cancel automatically if there
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  • 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 foregoing issues, whether [Kay] is qualified to remain a Commission licensee . . . . 4. This matter was originally assigned to Administrative Law Judge Richard L. Sippel, who, following further proceedings, issued a summary decision in which he revoked Kay's licenses and ordered
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  • places, communications standby facilities, and emergency repair of public communication facilities. 47 C.F.R. � 90.20(a)(2). Non-governmental entities are eligible for non-SERS Public Safety Pool frequencies provided they obtain concurrence from an eligible governmental entity. Id. 47 C.F.R. � 90.173(a). We note that exclusivity can be obtained in the 470-512 MHz band. See 47 C.F.R. � 90.313. 47 C.F.R. �� 90.625, 90.629, 90.633. For example, the public safety community makes intensive use of frequencies in the 150-174 MHz (upper VHF) band, which has resulted in these frequencies being extremely congested and has impeded efforts to identify and recommend new public safety assignments on these frequencies without causing harmful interference to existing public safety systems. See Alternative Frequencies For Use by Public Safety
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  • months from the date of license grant or the authorization cancels automatically and must be returned to the Commission. ITS America contends, however, that a public safety licensee seeking authorization to construct and operate RSUs to serve a single physical facility or in a ribbon or corridor should be able to seek an extended deployment period in accordance with Section 90.629 of the Commission's Rules. We seek comment on whether, if we elect site-based licensing, construction requirements for DSRC operations in the 5.9 GHz band are necessary; and, if so, what construction periods are appropriate. We also request comment on whether public safety and non-public safety licensees should have the same or different construction requirements. ITS America recommends a license term
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  • 24, 1996, the Wireless Telecommunications Bureau, by letter decision, denied Kay's reconsideration petition because finder's request 93F730 was premature. At that time, the Bureau also dismissed finder's request 94F060 because that request was prematurely filed. The Bureau explained that, at most, finder's preference request 94F060 demonstrated that Regents did not meet its interim deadlines. The Bureau further explained that Section 90.629 of the Commission's Rules provides for an automatic six-month extension in the event that the Commission makes a finding that a licensee has failed to meet its interim requirements. Under this mechanism, the Bureau said, the target licensee still holds a valid authorization and is not subject to a finder's preference request until the final construction deadline and an additional
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  • of Mobile Services and Implementation of Section 309(j) of the Communications Act, Third Report and Order; Fifth Notice of Proposed Rule Making, PR Docket No. 89-552, GN Docket No. 93-252 and PP Docket No. 93-253, 12 FCC Rcd 10943, 10968-10969 �� 51-52 (1982)). AllCom Petition at 5. PCIA Opposition at 2. See 47 C.F.R. � 1.2111(b)(1). See 47 C.F.R. � 90.629. R&O and FNPRM, 15 FCC Rcd 22763 � 115. In addition, subsequent applications to modify the technical parameters of stations the licenses for which have been modified to permit commercial operations will be scrutinized to prevent evasion of the five-year holding period. For example, a request to relocate the station to serve an area other than that covered by the
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  • on December 16, 1999, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary In the Matter of Richard Duncan d/b/a Anderson Communications, Memorandum Opinion and Order, 16 FCC Rcd 4312 (2001) (Commission Order). Morris Communications, Inc. v. FCC, No. 01-1123 (D.C. Cir. Apr. 17, 2002) (Morris Remand). 47 C.F.R. � 90.631(e). Section 90.631(e) provides that ``[e]xcept as provided in � 90.629 [extended implementation], licensees of trunked facilities must complete construction within one year.'' Id. The rule was identical in 1990. 47 C.F.R. � 90.631(e) (1990). 47 C.F.R. � 90.631(f). Section 90.631(f) provides that ``[i]f a station is not placed in permanent operation, in accordance with the technical parameters of the station authorization, within one year, except as provided in � 90.629
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  • * * * * * (c) The provisions of this section do not apply to the 4940-4990 MHz band. * * * * * 8. Section 90.155 is amended by revising paragraph (a) to read as follows: �90.155 Time in which a station must be placed in operation. (a) All stations authorized under this part, except as provided in �� 90.629, 90.631(f), 90.665, 90.685 and 90.1209 must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. * * * * * 9. Section 90.175 is amended by revising paragraph (i) and adding a new paragraph (j)(17) to read as follows: � 90.175 Frequency coordination requirements.
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  • 671-680 are allocated for Basic Exchange Telecommunications Radio Service as described in � 22.757 of this chapter. NOTE: the FCC has proposed to remove these channels from the rural radiotelephone service in WT Docket No. 03-103 (FCC 03-95) released April 28, 2003 (68 FR 4403) which is pending. * * * * * The text in paragraph (d) of Section 90.629 is removed because the Business and Industrial/Transportation categories have been combined into one pool. � 90.629 Extended implementation period. * * * * * (d) [Reserved] * * * * * Paragraph (b) of Section 90.631 is amended to reflect the interleaved portion of the 800 MHz band after band reconfiguration and to remove references to Spectrum Block D which
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  • 671-680 are allocated for Basic Exchange Telecommunications Radio Service as described in � 22.757 of this chapter. NOTE: the FCC has proposed to remove these channels from the rural radiotelephone service in WT Docket No. 03-103 (FCC 03-95) released April 28, 2003 (68 FR 4403) which is pending. * * * * * The text in paragraph (d) of Section 90.629 is removed because the Business and Industrial/Transportation categories have been combined into one pool. � 90.629 Extended implementation period. * * * * * (d) [Reserved] * * * * * Paragraph (b) of Section 90.631 is amended to reflect the interleaved portion of the 800 MHz band after band reconfiguration and to remove references to Spectrum Block D which
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-174A1_Erratum.pdf
  • periods must be measured from the date that band reconfiguration is completed in a given NPSPAC region.248 In response to the requests of several parties,249 we note that the construction requirements of Section 90.155 of our rules continue to apply to these channels, including those pertaining to the ability of public safety licensees to seek extended implementation pursuant to section 90.629 of our rules.250 90. Because of the limitations on public safety entities operating in the Guard Band and the Expansion Band, the foregoing eligibility restriction applies only to vacated spectrum below the Expansion Band.251 Vacated spectrum in the Expansion Band or Guard Band will be open to any entity eligible for licensing on these channels. For instance, a B/ILT channel
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  • year of the effective date of the spectrum manager leasing arrangement. If the public safety entity fails to place the network into operation within one year, the Public Safety Broadband Licensee shall terminate the spectrum leasing arrangement pursuant to � 1.9020(h)(3). The public safety entity may also seek extended implementation authority from the Commission pursuant to the requirements of � 90.629 of this Part. (6) Except as set forth herein, the separate network is not required to meet the other specifications of the Shared Wireless Broadband Network. Absent agreement of the public safety entity, the Public Safety Broadband Licensee, and the Upper 700 MHz D Block licensee, the separate network may not operate using any spectrum associated with the Upper 700
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  • year of the effective date of the spectrum manager leasing arrangement. If the public safety entity fails to place the network into operation within one year, the Public Safety Broadband Licensee shall terminate the spectrum leasing arrangement pursuant to � 1.9020(h)(3). The public safety entity may also seek extended implementation authority from the Commission pursuant to the requirements of � 90.629 of this Part. (6) Except as set forth herein, the separate network is not required to meet the other specifications of the Shared Wireless Broadband Network. Absent agreement of the public safety entity, the Public Safety Broadband Licensee, and the Upper 700 MHz D Block licensee, the separate network may not operate using any spectrum associated with the Upper 700
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  • the Wireless Telecommunications Bureau, by letter decision, denied Kay's reconsideration petition because finder's preference request 93F730 was premature. At that time, the Bureau also dismissed finder's preference request 94F060 because that request was prematurely filed. The Bureau explained that, at most, finder's preference request 94F060 demonstrated that Regents did not meet its interim deadlines. The Bureau further explained that Section 90.629 of the Commission's Rules provides for an automatic six-month extension in the event that the Commission makes a finding that a licensee has failed to meet its interim requirements. Under this mechanism, the Bureau said, the target licensee still holds a valid authorization and is not subject to a finder's preference request until the final construction deadline and an additional
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://transition.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • for purposes of interconnection to each other and to trunks interfacing with the public switched network. AMTA also proposes to modify the definitions in Sections 20.3 and 20.12 of the rules as follows: " Incumbent Wide Area SMR Licensees. Licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service, either by waiver or under Section 90.629 of these rules, and who offer two-way interconnected voice service using a mobile telephone switching facility." [emphasis in original] Section 20.12(a) "This Section is applicable only to providers of Broadband Personal Communications Services (Part 24, Subpart E of this chapter), providers of Cellular Radio Telephone Service (Part 22, Subpart H of this chapter), providers of Specialized Mobile Radio Services in
• 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
  • procedures have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other 92 Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. �� 22.142, 90.155, 90.629, 101.63, 101.65. 93 See, e.g., 47 C.F.R. �� 24.203, 90.665, 90.833, 95.833. 94 We would notify the licensee via the Postal Service unless, in its application, the licensee had specified an e- 95 mail address and requested that the Commission send notifications to that address. See proposed rule 47 C.F.R. � 1.946(d). 96 See proposed rule 47 C.F.R. � 1.946(c).
• http://wireless.fcc.gov/auctions/07/releases/oor95395.pdf http://wireless.fcc.gov/auctions/07/releases/oor95395.txt http://wireless.fcc.gov/auctions/07/releases/oor95395.wp
  • seek a dispositive preference for a channel assigned on an exclusive basis in the 220-222 MHz, 470-512 MHz, and 800 MHz bands by submitting information that leads to the recovery of channels in these bands. Recovery of such channels must result from information provided regarding the failure of existing 77 licensees to comply with the provisions of �� 90.155, 90.157, 90.629, 90.631 (e) or (f), or 90.633 (c) or (d). Any recovered channels in the 900 MHz SMR service will revert automatically to the MTA licensee. * * * * * 3. Section 90.617(d) is amended by revising Table 4B to read as follows: � 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-940 MHz bands available for trunked or conventional system
• http://wireless.fcc.gov/auctions/16/releases/da972583.pdf http://wireless.fcc.gov/auctions/16/releases/da972583.txt http://wireless.fcc.gov/auctions/16/releases/da972583.wp
  • census data. Unjust enrichment payments for disaggregated spectrum shall be calculated based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum held by the licensee. (d) License Term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in �� 90.629(a), 90.665(a) or 90.685(a). (e) Construction and Channel Usage Requirements - Incumbent Licensees. Parties seeking to acquire a partitioned license or disaggregated spectrum from an incumbent licensee will be required to construct and commence "service to subscribers" all facilities acquired through such transactions within the original construction deadline for each facility as set forth in �� 90.629 and 90.683. Failure to
• http://wireless.fcc.gov/auctions/16/releases/da982496.pdf http://wireless.fcc.gov/auctions/16/releases/da982496.txt http://wireless.fcc.gov/auctions/16/releases/da982496.wp
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission DA 98-2496 47 C.F.R. � 90.629. 1 Southern Request for Waiver of 47 C.F.R. � 90.629 (filed Feb. 20, 1998) (Waiver Request). 2 Southern Supplement to Request for Waiver (filed Apr. 22, 1998) (Supplement). As discussed infra, we grant 3 Southern's request that the Supplement receive confidential treatment. FCC Seeks Comment on Southern Company Request for Waiver of the Construction and Operation 4 Requirements for Business
• http://wireless.fcc.gov/auctions/16/releases/fc990270.pdf http://wireless.fcc.gov/auctions/16/releases/fc990270.txt http://wireless.fcc.gov/auctions/16/releases/fc990270.wp
  • authorizations are subject to a 12-month construction requirement, see 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, 8074, � 177 ("CMRS Third Report and Order"), the Commission modified its rules to allow SMR licensees to request extended implementation authority under Section 90.629. The Commission subsequently eliminated SMR licensees' eligibility for extended implementation authority, and concluded that the termination date for all extended implementation authorizations previously granted to 800 MHz SMR incumbents should be accelerated. The Commission concluded that incumbents should be required to rejustify the need for extended time to construct their facilities, and that incumbents that rejustified their extended implementation authority
• http://wireless.fcc.gov/auctions/default.htm?job=releases_auction&id=16&page=O
  • [74]WordPerfect 3/5/1999 ORDER (DA 99-469) Request for Reconsideration and For Special Relief Mountain SMR Group, L.L.C.sought reconsideration of the Bureau's denial of his request for waiver of the competitive bidding and bid withdrawal payment rules. This Order denies that request. [75]pdf - [76]text - [77]WordPerfect [78]See Correction Public Notice 12/4/1998 MEMORANDUM OPINION AND ORDER (DA 98-2496) Request for waiver of 90.629 by Southern Company Southern requested waiver of 90.629 to extend the implementation period for wide-area Specialized Moible Radio (SMR) network that incorporated Business and Industrial/Land Transportation channels. The request was granted in part and denied in part. [79]pdf - [80]text - [81]WordPerfect 9/4/1998 ERRATUM LETTER (DA 98-1794) Erratum to February 26, 1998 Letter to Mr. Jack Bond from Kathleen O'Brien
• http://wireless.fcc.gov/auctions/default.htm?job=releases_year&y=1998&m=12
  • 90 of the Commission's Rules to Facilitate Future Development of Paging Systems This Order dismisses all pending mutually exclusive paging applications... [73]pdf - [74]text - [75]WordPerfect 12/14/1998 ORDER (DA 98-2543) Auction [76]40 Order This Order dismisses all pending mutually exclusive paging applications. [77]pdf - [78]text - [79]WordPerfect 12/4/1998 MEMORANDUM OPINION AND ORDER (DA 98-2496) Auction [80]16 Request for waiver of 90.629 by Southern Company Southern requested waiver of 90.629 to extend the implementation period for wide-area Specialized Moible Radio (SMR) network that incorporated Business and Industrial/Land Transportation channels. The request was granted in part and denied in part. [81]pdf - [82]text - [83]WordPerfect Go to an Auction: [Select an Auction............][84] Go . Available Months [85]January [86]February [87]March [88]April [89]May [90]June [91]July
• 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
  • 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. � 1.2111(b)(1). See 47 C.F.R. � 90.629. Section 90.155 requires the licensee to have its station placed in operation within twelve months from the date of grant to avoid automatic cancellation. 47 C.F.R. � 90.155. Moreover, Section 90.609 requires complete construction of the radio facility prior to any transfer or assignment. 47 C.F.R. � 90.609. Additionally, Section 90.157 provides that a license will cancel automatically if there
• http://wireless.fcc.gov/licensing/index.htm?job=const_req_by_service
  • 601 Main Form and Schedule K Below 700 MHz (except 220 MHz) Must be placed into operation within 12 months of license grant. Alternatively, local government in the Public Safety Pool may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. IG, IK, YG, YK, PW, YW, RS 90.155, 90.629 601 Main Form and Schedule K 700 MHz Interoperability Channels Construct and place into operation within 12 months of initial grant. Alternatively, may apply for extended implementation - up to 5 years may be authorized for constructing and placing a system in operation. SG, SY 90.551, 90.155(b) 601 Main Form and Schedule K 700 MHz State Licenses State must certify
• http://wireless.fcc.gov/releases/fcc00-348.doc http://wireless.fcc.gov/releases/fcc00-348.pdf
  • 700 MHz R&O). We adopted fourteen year license term for geographic area licensees in the commercial 700 MHz band. See id. As discussed immediately below, however, the ``substantial service'' deadline for state licensees will be January 1, 2017. We envision granting state licenses early in the year 2002, thus necessitating a fifteen year license term. See 47 C.F.R. �� 90.155(b), 90.629(b). We may defer this date (and thus extend the deadlines) if the DTV transition period for a relevant market is extended as set forth in 47 U.S.C. � 309(j)(14)(B) (e.g., markets where 15% or more households do not have access to either DTV-equipped receivers or multi-channel video). In addition, given the large geographic licensing areas, each with a number of
• http://wireless.fcc.gov/releases/moa.pdf
  • the 180 MPSCS sites and registered all qualifying towers in the System with the FCC's Antenna Structure Registration System ("ASRS"); and [ MOA revised 090303 09/17/03 Whereas, in October 1992 the FCC authorized MSP to extend the deadline for construction of the MPSCS using a slow growth schedule, and the Bureau subsequently amended the slow growth schedule under FCC Rule 90.629, requiring Michigan to plan, approve, fund, purchase, construct, and place into operation the completed system by March 31, 2004; and Whereas, pursuant to its authority under Sections 301, 303, 308, 309 and 312 of the Act (47 U.S.C. �� 301, 303, 308, 309, 312), and the extended slow growth construction period granted to Michigan for the MPSCS, the FCC retains
• http://wireless.fcc.gov/rss/index.htm?job=ainf&id=16
  • Jul 99 09:56:05 ESTThis Public Notice corrects the delegated authority number contained in the March 5, 1999.http://wireless.fcc.gov/auctions/default.htm?job=release&id=24&y=1 999Tue, 09 Mar 99 09:56:05 ESTMountain SMR Group, L.L.C.sought reconsideration of the Bureau's denial of his request for waiver of the competitive bidding and bid withdrawal payment rules. This Order denies that request. http://wireless.fcc.gov/auctions/default.htm?job=release&id=32&y=1999Fr i, 05 Mar 99 09:56:05 ESTSouthern requested waiver of 90.629 to extend the implementation period for wide-area Specialized Moible Radio (SMR) network that incorporated Business and Industrial/Land Transportation channels. The request was granted in part and denied in part.http://wireless.fcc.gov/auctions/default.htm?job=release&id=74&y=1 998Fri, 04 Dec 98 09:56:06 ESTThe Erratum letter corrects the bid withdrawal and default payment amounts owed by Mountain SMR Group, L.L.C., a winning bidder for a license in the 800
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc00279.doc
  • In the matter of Construction Requirements For Metropolitan Trading Area-Based (``MTA'') Licensees in the 896-901/935-940 MHz Band, Order, 14 FCC Rcd. 13223 (WTB 1998) (the Bureau waived the requirement that all 900 MHz MTA licensees must provide a plan at the three-year coverage deadline showing how they would meet substantial service at the five-year construction deadline). See 47 C.F.R. � 90.629(e). 800 MHz Report and Order, 11 FCC Rcd. at 1479-80. The ``upper 200 channels'' consist of 200 paired channels (Channel Nos. 401-600) at 816-821/861-866 MHz. The ``lower 230 channels'' are a combination of the 150 General Category channels and ``lower 80'' channels. The General Category channels consist of 150 paired channels (Channel Nos. 1-150) at 806-809.750/851-854.750 MHz. The ``lower 80''
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1996/fcc96326.txt
  • area SMR licensees in the 800 78 MHz and 900 MHz SMR bands that offer real-time, two-way switched voice service that is interconnected with the public switched network; and Incumbent Wide Area SMR licensees, defined in Section 20.3 as "licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service, either by waiver or under Section 90.629 of these rules, and who offer real-time, two-way voice service that is interconnected with the public switched network." The effective radiated power (ERP) limit of 1.5 watts was determined by calculating the ERP that could 79 result in the most restrictive power density limit for general public/uncontrolled exposure at the relevant frequencies of the devices to be evaluated at a
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.txt http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97303.wp
  • for purposes of interconnection to each other and to trunks interfacing with the public switched network. AMTA also proposes to modify the definitions in Sections 20.3 and 20.12 of the rules as follows: " Incumbent Wide Area SMR Licensees. Licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service, either by waiver or under Section 90.629 of these rules, and who offer two-way interconnected voice service using a mobile telephone switching facility." [emphasis in original] Section 20.12(a) "This Section is applicable only to providers of Broadband Personal Communications Services (Part 24, Subpart E of this chapter), providers of Cellular Radio Telephone Service (Part 22, Subpart H of this chapter), providers of Specialized Mobile Radio Services in
• 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
  • procedures have evolved in different services for verifying whether licensees have in fact met these requirements. In some wireless radio services, the rules provide that licenses are cancelled if the licensee fails to notify the Commission that it has met its construction or coverage requirement. In other 92 Federal Communications Commission FCC 98-25 See, e.g., 47 C.F.R. �� 22.142, 90.155, 90.629, 101.63, 101.65. 93 See, e.g., 47 C.F.R. �� 24.203, 90.665, 90.833, 95.833. 94 We would notify the licensee via the Postal Service unless, in its application, the licensee had specified an e- 95 mail address and requested that the Commission send notifications to that address. See proposed rule 47 C.F.R. � 1.946(d). 96 See proposed rule 47 C.F.R. � 1.946(c).
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991953.doc
  • EI Request was filed. At the time the finder's preference request was filed, the target station was already under compliance review because it was part of the PCC EI Request. In the Finder's Preference Program, the Commission exempted the recovery of channels of licensees scheduled for or currently under compliance review. The submission of an extended implementation request under section 90.629 of the Commission's rules initiates compliance review. Therefore, any recovery of the instant channels would have been the result of Commission action. As was stated above, information provided to the Commission by the finder must "lead to" the recovery of the targeted stations. Since Station WPCP461 was already the subject of compliance review, Mr. Bolin was not eligible to obtain
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da991977.doc
  • EI Request was filed. At the time the finder's preference request was filed, the target station was already under compliance review because it was part of the PCC EI Request. In the Finder's Preference Program, the Commission exempted the recovery of channels of licensees scheduled for or currently under compliance review. The submission of an extended implementation request under section 90.629 of the Commission's rules initiates compliance review. Therefore, any recovery of the instant channels would have been the result of Commission action. As was stated above, information provided to the Commission by the finder must "lead to" the recovery of the targeted stations. Since Station WPCR378 was already the subject of compliance review, Mobile was not eligible to obtain a
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992170.doc
  • Rules provides that private land mobile radio stations below 700 MHz (except in the 220 MHz band) must be placed in operation within eight months from the date of grant or the authorization cancels automatically and must be returned to the Commission. SoCal sought a waiver of this rule and an extended implementation period similar to that allowed under Section 90.629 of the Commission's Rules, 47 C.F.R. � 90.629, for stations operating in the 800/900 MHz band. The Branch denied that request for waiver, and SoCal sought reconsideration. As an initial matter, we note that SoCal has submitted with its petition for reconsideration a certification that the Oat Mountain site associated with Call Sign WPKJ571 was constructed, and 100 mobile/portable units
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992748.doc
  • in the EI Reconsideration Order and deny North Sight's Petition. Background Prior to December 1995, when the Commission amended its 800 MHz SMR rules to provide for geographic area licensing, 800 MHz SMR licenses were awarded on a site-by-site, channel- by-channel basis. Licensees of trunked systems had one year to construct and commence operation. In 1993, the Commission amended section 90.629 of the rules to allow SMR applicants to request up to five years to construct systems that required extended implementation because of wide-area coverage, size, or complexity. Pursuant to both the waiver process and section 90.629, numerous SMR licensees, like TELECELLULAR, obtained EI authority prior to the Commission's adoption of geographic area licensing rules. In December 1995, the Commission adopted
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993022.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993022.txt
  • sections 0.131 and 0.331 of the Commission's rules, 47 C.F.R. �� 0.131, 0.331, the request filed by Southwest Wireless, Inc. on March 18, 1999, to toll the construction deadline for its wide-area 800 MHz Specialized Mobile Radio system, IS DISMISSED as moot. FEDERAL COMMUNICATIONS COMMISSION William W. Kunze Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau See 47 C.F.R. � 90.629. Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, PR Docket No. 93-144, Implementation of Sections 3(n) and 322 of the Communications Act - Regulatory Treatment of Mobile Services, GN Docket No 93-252, Implementation of Section 309(j) of the Communications Act - Competitive Bidding, PP Docket No. 93-253,
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993023.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993023.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit t � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) NEXTEL COMMUNICATIONS, INC. ) ) Request for Waiver of Section 90.629 ) of the Commission's Rules ) ) ORDER Adopted: December 29, 1999 Released: December 30, 1999 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: This Order addresses a request by Nextel Communications, Inc. (Nextel) for waiver of section 90.629 of the Commission's rules to obtain additional time to construct extended implementation licenses in its wide-area Specialized Mobile Radio
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993024.doc http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da993024.txt
  • by the Wireless Telecommunications Bureau (Bureau) to suspend temporarily the construction timetable for wide-area 800 MHz SMR licensees pending the remand proceeding instigated by Fresno Mobile Radio, Inc., et al. v. Federal Communications Commission. We note, however, that NEWP's construction period had lapsed approximately ten months before the Bureau temporarily suspended the construction timetable for 800 MHz SMR licensees. Section 90.629(c) of the Commission's rules states that extended implementation authorizations granted under this section are conditioned upon the licensee constructing and placing its system into operation within the authorized implementation period and in accordance with an approved implementation plan of up to five years. The same section continues to state that ``[a]t the end of any licensee's extended implementation period, authorizations
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99399.doc
  • granted multi-year extended implementation periods to SMR licensees by waiver when the licensees met the waiver standard by demonstrating that their proposed systems differed sufficiently from conventional systems to make normal construction standards inapplicable. See Fleet Call, Inc., Memorandum Opinion and Order, 6 FCC Rcd. 1533 (1991), recon. dismissed, 6 FCC Rcd 6989 (1991). In 1993, the Commission amended section 90.629 of the rules to allow SMR applicants to request up to five years to construct systems that required extended implementation because of wide-area coverage, size, or complexity. See Amendment of Part 90 of the Commission's Rules Governing Extended Implementation Periods, Report and Order, 8 FCC Rcd. 3975 (1993). See also 47 C.F.R. � 90.629(e). See 47 C.F.R. � 90.629(e). See
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da001943.doc
  • � 1.106(g). See e.g., In the Matter of Nextel Communications, Inc., Order, 13 FCC Rcd. 281 (Holding that a ``Petition for Special Relief'' filed beyond 30 days constituted a late filed petition for reconsideration and was subject to dismissal). See n. 9, supra. But see n. 14, supra. Finder's Preference Report and Order at 7305 � 49. Sections 90.155, 90.157, 90.629, 90.631 (e) or (f), and 90.633 (c) or (d) were the only sections the violation of which constituted a basis for a finder's preference request. 47 C.F.R. � 90.173(k). See also Finder's Report and Order at 7305, � 49. Finder's Report and Order at 7308, � 68. Petition at 2-4, �� 3-6. See 47 C.F.R. 90.173(k)(1994). 47 C.F.R. 90.173(k)(3)(1994). Federal
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00235.doc
  • under this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. * * * * * Section 90.155 is revised to read as follows: � 90.155 Time in which station must be placed in operation. (a) All stations authorized under this part, except as provided in �� 90.629, 90.631(f), 90.665, and 90.685, must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. (b) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to � 90.629. (c) For purposes
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00251.doc
  • rule, ``covered'' SMR providers include certain SMR licensees within two classes. The first class consists of 800 MHz and 900 MHz SMR licensees that hold geographic area licenses. The second covers incumbent wide area SMR licensees, defined as licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz SMR service, either by waiver or under Section 90.629 of our rules. Within these classes, ``covered'' SMR providers ``includes only licensees that offer real-time, two-way switched voice service that is interconnected with the public switched network, either on a stand-alone basis or packaged with other telecommunications services.'' We stated that local SMR licensees offering mainly dispatch services to specialized customers in a non-cellular system configuration, as well as licensees
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00288.doc
  • The Commission shall send a copy of this Supplemental Final Regulatory Flexibility Analysis, along with this Memorandum Opinion and Order, in a report to Congress pursuant to the Small Business Enforcement Fairness Act of 1996, 5 U.S.C. � 801(a)(1)(A). A copy of this Supplemental Final Regulatory Flexibility Analysis will also be published in the Federal Register. See 47 C.F.R. � 90.629. See also Amendment of Part 90 of the Commission's Rules to Facilitate Future Development of SMR Systems in the 800 MHz Frequency Band, Memorandum Opinion and Order on Remand, 14 FCC Rcd. 21679, 21680, n.6 (� 4)(Remand Order). See 47 C.F.R. �� 90.615(a)(1994), 90.621(e)(1994). Fresno Mobile Radio, Inc., et al. v. FCC, 165 F.3d 965 (D.C. Cir. 1999) (Fresno). Remand
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00305.doc
  • would act improperly if Quad were granted access to this information, but Quad maintains that it has never attempted to disrupt Gelico's relationship with any entity. Gelico fears that Quad would improperly use information concerning transmitter sites, but those fears are not supported by the record. Finally, we agree with the Bureau that Southern Company Request for Waiver of Section 90.629 of the Commission's Rules, 14 FCC Rcd 1851, 1860 (1998), cited by Gelico, is inapposite. See Reconsideration Decision at 1. In that proceeding, Southern Company sought a waiver to extend the implementation period for a wide-area Specialized Mobile Radio network. Southern provided construction status information, which it supplied with a request for confidentiality. The Bureau concluded that other businesses could
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.doc http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/da001171.txt
  • 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 of
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/2000/fcc00095.doc
  • granting SMR licensees extended implementation (EI) authority to construct wide-area systems, whereby the licensee would have up to five years to construct all of the facilities within the wide-area ``footprint'' established by its licenses. See Fleet Call, Inc., Memorandum Opinion and Order, 6 FCC Rcd. 1533 (1991), recon. dismissed, 6 FCC Rcd 6989 (1991). In 1993, the Commission amended Section 90.629 of the rules to allow SMR applicants to request up to five years to construct systems that required extended implementation because of wide-area coverage, size, or complexity. See Amendment of Part 90 of the Commission's Rules Governing Extended Implementation Periods, Report and Order, 8 FCC Rcd. 3975 (1993), 47 C.F.R. � 90.629(e). See Inter-Category Sharing of Private Mobile Radio Frequencies
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971203.html
  • Inc. Action by Bureau Chief. Adopted: December 2, 1997. by MO&O. (DA No. 97-2536). MMB Internet URL: [9]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da972536.txt DISTRICT OF COLUMBIA. Reinstated until December 31, 1998, authorization for Station KNJA391, an eight-channel trunked radio system to be operated by the D.C. Department of Fire and Emergency Medical Services on 800 MHz General Category frequencies; granted District's request to waive Section 90.629 of Commission's Rules to further extend its time to construct and place the Fire and EMS radio system into operation in accordance with submitted implementation schedule; reinstatement and waiver conditioned upon requirement that District formally notify Wireless Telecommunications Bureau of FCC when Station KNJA391 becomes operational. Action by Bureau Chief. Adopted: December 2, 1997. by Order. (DA No. 97-2264). WTB
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980526.html
  • Action by Managing Director. by Erratum. (DA No. 98-982). OMD Internet URL: [13]http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1998/da980982.wp SOUTHERN COMPANY. Granted in part and denied in part the requests of Industrial Telecommunications Association, Inc., Nextel Communications, Inc. and American Mobile Telecommunications, Inc. to extend the deadlines for filing comments and reply comments in response to the requests of Southern Company for a waiver of Section 90.629 of the Commission's Rules to further extend the extended implementation period for its 800 MHz Business and Industrial/Land Transportation Category channels that Southern has converted to commercial use. Comment deadline extended to June 12, 1998; reply comment deadline extended to July 6, 1998. Action by Chief, Public Safety and Private Wireless Division. Adopted: May 22, 1998. by Order. (DA No.
• http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.html http://www.fcc.gov/ogc/documents/opinions/1997/chadmore.wp
  • Part 90 of the Commission's Rules Governing Extended Implementation Periods, Report and Order, 8 F.C.C.R. 3975 (1993). Whereas an SMR licensee was normally expected to complete the construction of a station within eight or twelve months, 47 C.F.R. 90.155(a) and 90.631(f), the Commission would now allow a qualified applicant up to five years to complete construction of a system. Id. 90.629. In August 1993, Congress amended the Communications Act to create two categories of mobile service--commercial mobile radio service ("CMRS") and private mobile radio service; and it directed the Commission to implement these categories in its regulations and provide for comparable regulation of substantially similar CMRS systems. See 47 U.S.C. 332. The FCC subsequently classified any wide-area SMR system offering interconnected
• http://www.fcc.gov/ogc/documents/opinions/1997/keller.html http://www.fcc.gov/ogc/documents/opinions/1997/keller.wp
  • 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 think
• http://www.fcc.gov/ogc/documents/opinions/2005/04-1014-011105.pdf
  • dispositive preference for an exclusive channel assignment in the 220-222 MHz, 470- 512 MHz, and 800/900 MHz bands by submitting information that ultimately leads to the recovery of frequencies in these bands. Recovery of such frequencies will come about as a result of information provided regarding the failure of existing licensees to comply with various provisions of [sections] 90.155, 90.157, 90.629, 90.631(e) or (f), or 90.633(c) or (d). 3 2 The version of section 90.157 in force at the time provided that "any station which has not operated for [one] year or more is considered to have been permanently discontinued," 47 C.F.R. � 90.157(b) (1992 version), and that a station's license "shall cancel automatically upon permanent discontinuance of operations." Id. �