FCC Web Documents citing 90.709

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3749A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3749A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3749A1.txt
  • and 90.717(b) of the Commission's rules, both of which restrict the spectrum covered by the License to commercial use only. AAR also seeks a waiver of section 90.715(a), which designates one frequency in each 220 MHz channel pair as the "base station" frequency and the other as the "mobile station" frequency. Finally, AAR requests that the Commission waive rule section 90.709(c), which subjects an assignee of a Phase I nationwide 220 MHz license to the four construction benchmarks set forth in section 90.725 of the Commission's rules, and allow AAR to comply instead with the substantial service criterion of Part 90. On February 28, 2003, Rush filed a waiver seeking a two-year extension of the requirements of section 90.725 to expand
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-798A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-798A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-798A1.txt
  • 90.713(a) and 90.717(b) of the Commission's rules, both of which restrict the spectrum covered by the License to commercial use only. AAR also seeks waiver of section 90.715(a), which designates one frequency in each 220 MHz channel pair as the ``base station'' frequency and the other as the ``mobile station'' frequency. Finally, AAR asks the Commission to waive of section 90.709(c), which subjects an assignee of a Phase I nationwide 220 MHz license to the four construction benchmarks set forth in section 90.725 of the Commission's rules. At the same time as the assignment application, including AAR's waiver request, was filed, Rush Network also requested a waiver of the construction requirements of section 90.725. Rush Network asks the Commission for at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • the requirements and various obligations in order to operate in the 220-222 MHz band, including what types of operations are allowed; the conditions under which a licensee can reasonably expect its license to be renewed; where and under what conditions they may operate; and various build-out requirements. Legal Basis: 47 U.S.C. 154, 161, 303, and 332. Section Number and Title: 90.709(e) Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart. 90.733(d), (e)-(i) Permissible operations. 90.743 Renewal expectancy. 90.761 EA and Regional licenses. 90.763 EA, Regional and nationwide system operations. 90.765 Licenses term for Phase II licenses. 90.767 Construction and implementation of EA and Regional licenses. 90.769 Construction and implementation of Phase II nationwide
• 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
  • licensing and use of ES-Based 90.687 SMR systems in the 806-821/851-866 Band (change reference to 90.153 to reflect new rule 1.931). 90.693(b), (d) Grandfathering provisions for incumbent licensees 90.693(b), (d) (change form numbers). 90.693(c) Grandfathering provisions for incumbent licensees 90.693(c) (change form numbers). 90.701(a) Scope (revise to reflect Part 1). 90.701(a) 90.705 Forms to be used (change form numbers). 90.705 90.709 Special limitations on amendment of applications and on 90.709 assignments or transfer of authorizations licensed under this subpart. (change to allow electronic filing of information via ULS). 90.711 Processing of applications (move to consolidated Part 1 1.926 Rule). 90.723(a), (i) Selection and assignment of frequencies (change to allow90.723(a), (i) electronic filing of information via ULS). 90.725(d), (e) Construction requirements for
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • I licensees because such licenses are awarded on a site specific basis rather than for a geographic area. In addition, we seek comment as to whether all Phase I and Phase II 220 MHz licensees should be permitted to disaggregate their licensed spectrum. Since the 220 MHz service includes non-commercial uses, e.g., use of Federal Communications Commission FCC 97-57 Section 90.709 of the Commission's Rules, 47 C.F.R. § 90.709. 566 Partitioning Report and Order at para. 24. 567 Partitioning Report and Order at paras. 23-24. 568 See para. 80, supra. 569 spectrum for internal communication, by Public Safety and EMRS entities, we seek comment as to whether additional rules for partitioning and disaggregation should be adopted to address the use of
• http://wireless.fcc.gov/auctions/18/releases/fc970057.pdf http://wireless.fcc.gov/auctions/18/releases/fc970057.txt http://wireless.fcc.gov/auctions/18/releases/fc970057.wp
  • less capital, thereby facilitating greater participation by small businesses, rural telephone companies, and minority- and female-owned businesses. Therefore, we seek 564 comment on whether these benefits similarly justify extension of partitioning rules to Phase I nationwide licensees, and establishment of disaggregation rules for the 220 MHz service. VI. DISCUSSION Federal Communications Commission FCC 97-57 See para. 308, supra. 565 Section 90.709 of the Commission's Rules, 47 C.F.R. § 90.709. 566 Partitioning Report and Order at para. 24. 567 PAGE 136 A. PARTITIONING AND DISAGGREGATION FOR 220 MHZ SERVICE 322. In the Order we adopt today, we have decided to allow partitioning of covered 220 MHz Phase II licenses. In this Fifth Notice of Proposed Rulemaking we will seek comment as 565
• http://wireless.fcc.gov/auctions/18/releases/fc980186.pdf http://wireless.fcc.gov/auctions/18/releases/fc980186.txt http://wireless.fcc.gov/auctions/18/releases/fc980186.wp
  • this Fifth Report and Order, no agreement has been reached, so the construction period for those Phase I non-nationwide licensees above Line A has not begun to toll. Moreover, some potential licensees have not yet been required to construct because grant of their license is in question. See Report and Order at 2367, ¶ 83. See also 47 C.F.R. § 90.709(a)(2) (the Commission will not consent to 90 any application to assign or transfer a Phase I non-nationwide system prior to the completion of construction of facilities). As stated in the Fifth NPRM, we also required full construction and operation before non-nationwide Phase I licensees are permitted to begin primary fixed or paging operations. Third Report and Order, 12 FCC Rcd.
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • must be prepared in accordance with §§ 90.1009 and 90.1013 of this part. Phase II applications for radio facilities operating on public safety/mutual aid channels (Channels 161 through 170) or emergency medical channels (Channels 181 through 185) under this subpart must be prepared on FCC Form 601 and submitted or filed in accordance with § 1.913 of this chapter. § 90.709 Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart. (a) Except as indicated in paragraph (b) of this section, the Commission will not consent to the following: (1) Any request to amend an application so as to substitute a new entity as the applicant; (2) Any application to assign or transfer a
• 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
  • licensing and use of ES-Based 90.687 SMR systems in the 806-821/851-866 Band (change reference to 90.153 to reflect new rule 1.931). 90.693(b), (d) Grandfathering provisions for incumbent licensees 90.693(b), (d) (change form numbers). 90.693(c) Grandfathering provisions for incumbent licensees 90.693(c) (change form numbers). 90.701(a) Scope (revise to reflect Part 1). 90.701(a) 90.705 Forms to be used (change form numbers). 90.705 90.709 Special limitations on amendment of applications and on 90.709 assignments or transfer of authorizations licensed under this subpart. (change to allow electronic filing of information via ULS). 90.711 Processing of applications (move to consolidated Part 1 1.926 Rule). 90.723(a), (i) Selection and assignment of frequencies (change to allow90.723(a), (i) electronic filing of information via ULS). 90.725(d), (e) Construction requirements for
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • 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 assign or transfer unconstructed stations, which is inconsistent with the treatment of 800 MHz SMR incumbents. l Criteria for entry for a Phase I applicant (5 90.713) should be streamlined. The existing requirement for an initial 220 MHz applicant to provide a certification that it would meet certain