FCC Web Documents citing 90.733

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1939A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1939A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1939A1.txt
  • 220 is acquiring from aerwav, inc. In addition, Access 220 seeks waiver of rules related to certain construction requirements for three of the 115 licenses subject to the band management waiver request. The Wireless Telecommunications Bureau seeks comment on Access 220's request for waivers. Specifically, Access 220 seeks waivers, subject to conditions set forth in its waiver request, of sections 90.733, 90.725, and 90.769 of the Commission's rules. Access 220's parent is Access Spectrum, LLC, which is currently a band manager licensee in the 700 MHz guard bands. Access 220 seeks waiver of the limitations contained in section 90.733 of the Commission's rules on permissible operations in the 220-222 MHz band in order to implement band management activities on the 115
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2717A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2717A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2717A1.txt
  • In the 220-222 MHz Band ) ) ) ) ) ) ) WT Docket No. 02-224 Memorandum Opinion and Order Adopted: October 16, 2002 Released: October 16, 2002 By the Chief, Wireless Telecommunications Bureau: Introduction On July 3, 2002, Access 220, LLC (``Access 220'') and its parent, Access Spectrum, LLC (``Access Spectrum''), filed a request seeking limited waiver of sections 90.733, 90.725, and 90.769 of the Commission's rules in order to extend their existing 700 MHz band management activities to Access 220's newly acquired 220-222 MHz licenses. By this Order, we grant Access 220's Waiver Request, as described below. background 220-222 MHz Service Rules The 220-222 MHz band is allocated for private and federal government land mobile use, and is dedicated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3613A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3613A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3613A1.txt
  • dba LMS Wireless (Petitioners) on November 15, 2002. Petitioners seek reconsideration of the Wireless Telecommunications Bureau's (Bureau) October 16, 2002, Memorandum Opinion and Order that granted the above-captioned waiver request of Access 220, LLC (Access 220). For the reasons discussed below, we deny the Petition. Background On July 3, 2002, Access 220 filed its request seeking limited waiver of Sections 90.733, 90.725, and 90.769 of the Commission's Rules in order to provide band manager services to its newly acquired 220-222 MHz licenses. Public Notice seeking comment on the Waiver Request was released on August 6, 2002. After carefully considering the record in the proceeding, we granted the Waiver Request to allow Access 220 to act as a band manager, with certain
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2100A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2100A1.txt
  • different dates in 2009. 47 C.F.R. § 90.157. Section 90.157 provides that ``[a] station license shall cancel automatically upon permanent discontinuance of operations,'' and that ``any station which has not operated for one year or more is considered to have been permanently discontinued.'' Id. Cornerstone Comments at 3. In 2002, the WTB granted Access 220's request for waiver of sections 90.733, 90.725, and 90.769 of the Commission's rules in order to allow it to act as a band manager in the 220 MHz service. See Request for Waivers to Provide Band Management Services Utilizing Licenses in the 220-222 MHz Band, WT Docket No. 02-224, Memorandum Opinion and Order, 17 FCC Rcd 20464 (2002) (``Access 220 Order''). In doing so, the WTB
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3036A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3036A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3036A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-3036 November 25, 2005 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR WAIVER BY MORGAN COUNTY, WEST VIRGINIA Comment Date: December 27, 2005 Reply Date: January 11, 2006 By this Public Notice, the Wireless Telecommunications Bureau (Bureau) seeks comment on a request by Morgan County, West Virginia (Morgan County) for waiver of Sections 90.729 and 90.733(d) of the Commission's Rules, 47 C.F.R. §§ 90.729, 90.733(d). On April 12, 2004, Morgan County filed its waiver request in conjunction with its application, FCC File No. 0001691866, for several frequencies in the 220 MHz band. Specifically, it requests waivers of power, antenna height, and channel bandwidth limitations. By way of background, Morgan County is located in the northeast portion
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1013A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1013A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1013A1.txt
  • that it meets the co-channel distance separation and contour protection requirements of Section 90.723(k) of the Commission's Rules with respect to the nearest co-channel licensee, even with the increased power. Morgan County notes that it has been granted similar relief of applicable power limitations for its operations in the 150 MHz band. Second, Morgan County seeks a waiver of Section 90.733(d) of the Commission's Rules to permit the combination of contiguous channels to form channels wider than five kilohertz. Section 90.733(d) permits the combining of contiguous 220 MHz band channels except Channels 161-170 and 181-185, which Morgan County seeks. Each of the channels has a bandwidth of five kilohertz. Morgan County states that it seeks relief because it has been unable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2093A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2093A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2093A1.txt
  • (2003) (Secondary Markets Report and Order) corrected by Erratum, 18 FCC Rcd 24817 (2003). See Former Nextel Communications, Inc. Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the Commission's Rules, WT Docket No. 06-169, Notice of Proposed Rulemaking, FCC 06-133 (rel. Sept. 8, 2006). Access' July 2002 filing sought: 1) a limited waiver of the section 90.733 permissible use restrictions on all of its 220 MHz licenses so it could begin band management operations with those licenses; and 2) waivers to permit construction activities under its Phase I and Phase II nationwide licenses to be measured using a ``substantial service'' test that allowed reliance on the construction undertaken by third parties (i.e., its band manager customers). See
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4346A1.txt
  • 2007, Northeast Utilities Service Company (NUSCO) filed the above-captioned applications, and accompanying request for waiver, for authorization to operate at twenty-three locations in Connecticut on Public Safety Pool frequencies in the 220-222 MHz (220 MHz) band. NUSCO seeks a waiver of the public safety eligibility requirements contained in Sections 90.20(a), 90.719(c), and 90.720 of the Commission's Rules, and of Section 90.733(d), which prohibits aggregating these frequencies. For the reasons stated herein, we deny NUSCO's waiver request, and will dismiss the applications. Background. NUSCO holds the Commission licenses for the Northeast Utilities operating companies, which furnish electric service to approximately 1.9 million customers in Connecticut, New Hampshire, and Massachusetts, and natural gas to approximately 196,000 customers in Connecticut. It is licensed for
• 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
  • 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 licenses. 90.771 Field strength limits. SUBPART W-COMPETITIVE BIDDING PROCEDURES FOR THE 220 MHz SERVICE Brief Description: The part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1.txt
  • Services-Geographic Partitioning and Spectrum Disaggregation for the 220-222 MHz Service, PR Docket No. 89-552, GN Docket No. 93-252, Fifth Report and Order, FCC 98-186, 13 FCC Rcd 24,615 (1998) and Memorandum Opinion and Order, FCC 00-102, 15 FCC Rcd 5919 (2000), vacated and superseded by Memorandum Opinion and Order, FCC 00-187, 15 FCC Rcd 13,924 (2000). See 47 C.F.R. § 90.733. See 47 C.F.R. § 90.259(a) (secondary low power authorizations for 216-220 MHz band). ULS, which is available at http://wireless.fcc.gov/uls, allows electronic filing of applications processed by the Commission. ULS also provides the ability to search for applications or licenses by various criteria. See 47 C.F.R. § 90.745 (Phase I license service areas). See 47 C.F.R. § 90.763(b). See footnote 13,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-849A1_Rcd.pdf
  • Partitioning and Spectrum Disaggregation for the 220-222 MHz Service, PR Docket No. 89- 552, GN Docket No. 93-252, Fifth Report and Order, FCC 98-186, 13 FCC Rcd 24,615 (1998) and Memorandum Opinion and Order, FCC 00-102, 15 FCC Rcd 5919 (2000), vacated and superseded by Memorandum Opinion and Order, FCC 00-187, 15 FCC Rcd 13,924 (2000). 11See 47 C.F.R. § 90.733. 12See47 C.F.R. § 90.259(a) (secondary low power authorizations for 216-220 MHz band). 13 ULS, which is available at http://wireless.fcc.gov/uls, allows electronic filing of applications processed by the Commission. ULS also provides the ability to search for applications or licenses by various criteria. 5301 2. 220 MHz Licenses 13. A number of incumbent Phase I (site-based) 220 MHz licensees are licensed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-25A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-25A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-25A1.txt
  • 800 MHz SMR First Report and Order, 11 FCC Rcd at 1518, ¶ 97. Further, as some commenters point out, in instances when the Commission has established different bandwidth limitations for frequencies listed in Section 90.209, the Commission has done so explicitly. See Southern Company Reply Comments at 4; SouthernLINC Wireless Reply Comments at 6. See, e.g., 47 C.F.R. § 90.733(d) (``[L]icensees may combine any number of their authorized, contiguous channels . . . to form channels wider than 5 kHz.''). See 800 MHz SMR First Report and Order, 11 FCC Rcd at 1518-19, ¶¶ 97-101. Sprint Nextel asserts that allowing it to provide CDMA on its EA-licensed 800 MHz SMR spectrum will result in ``improved coverage, increased capacity and increased
• 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
  • 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 Phase I licenses (change 90.725(d), (e), (i) to allow electronic filing of information via ULS; add notification section). 90.727(a) Extended implementation schedules (change to allow 90.727(a) electronic filing of information via ULS). 90.733(h)(2) Permissible operations (change cross-reference). 90.733(h)(2) 90.737(b)-(e) Supplemental reports required of licensees (change to 90.737(b)-(e) allow electronic filing of information via ULS). 90.751 Minor modifications add "of" non-nationwide licenses 90.751 (change to cross-reference new rule sections). 90.753(d), (e) Conditions of license modifications (eliminate letter 90.753(d), (e) filing and change to allow electronic filing of information via ULS). Federal Communications Commission FCC
• http://wireless.fcc.gov/auctions/18/releases/220_e.pdf
  • strength of out-of-band signals would not result in any increased likelihood of harmful interference to co-channel licensees. This decision 136 met with a generally favorable response. Both Glenayre and PCIA remark that the 137 Commission's action will permit licensees to use the most efficient technology for the service they offer. Comtech, however, raises a concern that "the revised rule section 90.733(d) and (e) only 138 address instances in which licensees use channels that are wider than 5 kHz [and that the] regulations do not clearly address circumstances in which licensees combine multiple authorizations to use channels wider than 5 kHz," and petitions us to clarify this matter. 139 77. Under the revised rule Section 90.733, the emission limits in Section 90.212(f)
• 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
  • carriers would be granted a 10-year license term and be afforded renewal expectancy after their Federal Communications Commission FCC 97-57 CMRS Third Report and Order, 9 FCC Rcd at 8157 (para. 386). 234 Third Notice, 11 FCC Rcd at 226 (para. 75). 235 AMTA Comments at 16; Pagemart Comments at 4. 236 Pagemart Comments at 4. 237 Sections 90.731 and 90.733 of the Commission's Rules, 47 C.F.R. §§ 90.731, 90.733. 238 Third Notice, 11 FCC Rcd at 226-27 (para. 76) (citing 220 MHz Report and Order, 6 FCC Rcd at 2368 239 (para. 88)). Third Notice, 11 FCC Rcd at 227 (para. 77). 240 PAGE 63 current license term expires if they met certain prescribed conditions. In the Third Notice we
• http://wireless.fcc.gov/auctions/18/releases/fc980093.pdf http://wireless.fcc.gov/auctions/18/releases/fc980093.txt http://wireless.fcc.gov/auctions/18/releases/fc980093.wp
  • 139), 11013 (para. 148), 11026 (para. 174). PAGE 36 likelihood of harmful interference to co-channel licensees. This decision met with a generally 136 favorable response. Both Glenayre and PCIA remark that the Commission's action will permit 137 licensees to use the most efficient technology for the service they offer. Comtech, however, raises 138 a concern that "the revised rule section 90.733(d) and (e) only address instances in which licensees use channels that are wider than 5 kHz [and that the] regulations do not clearly address circumstances in which licensees combine multiple authorizations to use channels wider than 5 kHz," and petitions us to clarify this matter. 139 76. Under the revised rule Section 90.733, the emission limits in Section 90.212(f) must
• http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.pdf http://wireless.fcc.gov/auctions/24/releases/pt1_pt90.wp
  • obtain the concurrence of all Phase I and Phase II licensees with base stations or fixed stations receiving on base station receive Channels 1-40 and located within 6 km of their base station or fixed station; and (2) Their base station or fixed station is not located in the United States/Mexico or United States/Canada border areas. § 90.731 [Reserved] § 90.733 Permissible operations. (a) Systems authorized in the 220-222 MHz band may be used: (1)(i) For government and non-government land mobile operations, i.e., for base/mobile and mobile relay transmissions, on a primary basis; or (ii) For the following operations instead of or in addition to a licensee's land mobile operations: One-way or two-way paging operations on a primary basis by all
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=72
  • only part of a market. In addition, one license available for only part of a market also covers less bandwidth than noted in the table above. For a complete list of the licenses available in Auction No. 72, see Attachment A of Public Notice DA 07-0514 ([53]pdf), released February 26, 2007. Permissible Operations Subject to the requirements of [54]47 C.F.R. 90.733, licensees authorized in the Phase II 220 MHz Service will be able to use this spectrum to provide: * Land mobile operations including voice and data services, such as telemetry, and, * For the following operations, instead of or in addition to land mobile operations: one-way or two-way paging operations on a primary basis and fixed operations on a primary
• http://wireless.fcc.gov/services/index.htm?job=operations&id=220mhz
  • Navigation [14]220 MHz Services [15]About [16]Data [17]Band Plan [18]Service Areas [19]Licensing Operations [20]Construction Requirements [21]Releases [22]Key Documents [23]Skip Navigation [24]FCC > [25]WTB > [26]Services > [27]220 MHz Services > Operations [28]FCC Site Map Operations Frequencies in the 220 - 222 MHz band are available for land mobile or fixed use for both Government and non-Government operations as described in Rule 90.733. This rule section also allows licensees (except Public Safety licensees) to combine any number of their authorized, contiguous channels to form channels wider than 5 KHz. Permissible operations include the following: * One-way or two-way paging operations on a primary basis by all non-Government Phase II licensees. * Fixed operations on a primary basis by all non-Government Phase II licensees
• http://wireless.fcc.gov/uls/ebf/special_cond_code21.pdf http://wireless.fcc.gov/uls/ebf/special_cond_code21.txt
  • to NTIA Section 4.3.16.||||P 3044|AL|Operations under this license are subject to the terms of the Special Coordination Procedures between the FCC and Industry Canada as applicable.|||||P 3045|AL|Operation is proposed on any frequency where the limits of the proposed emission bandwidth do not exceed the proposed lower/upper frequency limits.|||||P 3046|LP| Frequencies licensed between 220.0025-221.9975 MHZ are authorized in accordance with Rule 90.733(h) and (i).|||||P 3047|LP|Level 2 Monitoring: The repeater (base station) will monitor the output channel for transmit signals coming from co-channel base stations. The corresponding repeater output channel will be disabled during the co-channel base station's transmission.|||||P 3048|LP|Must remain non-profit throughout license term. Each user on system must be individually eligible for frequencies on which co-op is licensed. Licensee may be
• 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
  • 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 Phase I licenses (change 90.725(d), (e), (i) to allow electronic filing of information via ULS; add notification section). 90.727(a) Extended implementation schedules (change to allow 90.727(a) electronic filing of information via ULS). 90.733(h)(2) Permissible operations (change cross-reference). 90.733(h)(2) 90.737(b)-(e) Supplemental reports required of licensees (change to 90.737(b)-(e) allow electronic filing of information via ULS). 90.751 Minor modifications add "of" non-nationwide licenses 90.751 (change to cross-reference new rule sections). 90.753(d), (e) Conditions of license modifications (eliminate letter 90.753(d), (e) filing and change to allow electronic filing of information via ULS). Federal Communications Commission FCC
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • 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 construction benchmarks is no longer necessary because the initial 220 MHz application process is complete. l Permissible operation limitations (5 90.733) should be eliminated. These arbitrary restrictions limit the use of 220 MHz systems, needlessly requiring licensees and applicants to meet certain standards that are inconsistent with the treatment of other CMRS providers. . . Part 101 FIxed Mlcr0w-t . ve and J,MDS JQgUwm l Application Procedures (§$ 101.4 - 101.81): l Temporary authorization requirements (9 101.3 1) should be modified.